(Article XI, section 18, 1906) (The following added to the section:) The city and county of San Francisco, the city of San José and the town of Santa Clara may make provision for a sinking fund, to pay the principal of any indebtedness incurred, or to be hereafter incurred, by it, to commence at a time after the incurring of such indebtedness of not more than a period of one fourth of the time of maturity of such indebtedness, which shall not exceed seventy-five years from the time of contracting the same. Any indebtedness incurred contrary to any provision of this section shall be void. (Article XIII, section 1, 1894; section 11, 1900; section 1, 1902; section 12, 1894) PROPERTY TO BE TAXED ACCORDING TO VALUE-EXEMPTIONS SECTION 1. All property in the State, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law. The word "property," as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership; provided, that property used for free public libraries and free museums, growing crops, property used exclusively for public schools, and such as may belong to the United States, this State, or to any county or municipal corporation within this State, shall be exempt from taxation. The Legislature may provide, except in case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this State. [Amendment adopted November 6, 1894.] CHURCHES EXEMPT FROM TAXATION SEC. 14. All buildings, and so much of the real property on which they are situated as may be required for the convenient use and occupation of said buildings, when the same are used solely and exclusively for religious worship, shall be free from taxation; provided, that no building so used which may be rented for religious purposes and rent received by the owner therefor, shall be exempt from taxation. [Amendment adopted November 6, 1900.] STATE, COUNTY, AND CITY BONDS EXEMPT FROM TAXATION SEC. 14. All bonds hereafter issued by the State of California, or by any county, city and county, municipal corporation, or district (including school, reclamation, and irrigation districts) within said. State, shall be free and exempt from taxation. [New section; amendment adopted November 4, 1902.] FRUIT AND NUT-BEARING TREES EXEMPT FROM TAXATION of four years SEC. 124. Fruit and nut-bearing trees under the age of four from the time of planting in orchard form, and grapevines under the age of three years from the time of planting in vineyard form, shall be exempt from taxation, and nothing in this article shall be construed as subjecting such trees and grapevines to taxation. [Amendment adopted November 6, 1894.] 7251-VOL 1-07-32 (Article XIII, section 5 (repealed), 1906) Article thirteen of the Constitution of the State of California is hereby amended by striking therefrom and repealing section five thereof, which section reads as follows: "SEC. 5. Every contract hereafter made, by which a debtor is obligated to pay any tax or assessment on money loaned, or on any mortgage, deed of trust, or other lien, shall, as to any interest specified therein, and as to such tax or assessment, be null and void." (Article XX, section 16, 1905) SEC. 16. When the term of any officer or commissioner is not provided for in this Constitution, the term of such officer or commissioner may be declared by law; and, if not so declared, such officer or commissioner shall hold his position as such officer or commissioner during the pleasure of the authority making the appointment; but in no case shall such term exceed four years; provided, however, that in the case of any officer or employé of any municipality governed under a legally adopted charter, the provisions of such charter with reference to the tenure of office or the dismissal from office of any such officer or employé shall control. (Article XX, section 17, 1902) HOURS OF LABOR SEC. 17. The time of service of all laborers or workmen or mechan ics employed upon any public works of the State of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the Legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public work, and prescribe proper penalties for the speedy and efficient enforcement of said law. [Amendment adopted November 4, 1902.] COLORADO." For organic acts issued before 1861 relating to the land now included within Colorado see, in this work : Treaty Ceding Louisiana, 1803 (Louisiana, p. 1359). Government of the Indian Country, 1834 (Indian Territory, p. 1097). Territory of Utah, 1850 (Utah, p. 3687). Territories of Kansas and Nebraska, 1854 (Kansas, p. 1161). TERRITORIAL GOVERNMENT OF COLORADO-1861 ↳ [THIRTY-SIXTH CONGRESS, SECOND SESSION] An Act to provide a temporary government for the Territory of Colorado Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, viz.: Commencing on the thirty-seventh parallel of north latitude, where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north on said meridian to the forty • The area of the State of Colorado was ceded to the United States by France, the State of Texas, and Mexico. The northeast portion of the State, bounded north and south by the forty-first and forty-second parallels, east by the twentyfifth meridian, and west by the Rocky Mountains, ceded by France, was a part of the original Territory of Nebraska, and was transferred to the Territory of Colorado. The eastern portion of the State, bounded north by the fortieth parallel, east by the twenty-fifth meridian, south by the Arkansas River westward to the Twenty-sixth meridian, and west by the Rocky Mountains, ceded by France, was a part of the original Territory of Kansas, and was transferred to the Territory of Colorado. The southeastern portion of the State, bounded on the north by the Arkansas River, east by the Twenty-fifth meridian, south by the thirty-seventh parallel, and west by the twenty-sixth meridian, ceded by the State of Texas and by Mexico, was transferred from the original Territory of Kansas to the Territory of Colorado. The southern portion of the State, bounded on the north and south by the thirty-eighth and thirty-seventh parallels, east by the twenty-sixth meridian, and west by the Rocky Mountains, ceded by the State of Texas and Mexico, was transferred from the Territory of New Mexico to the Territory of Colorado. The western portion of the State, bounded north and south by the forty-first and forty-second parallels, east by the Rocky Mountains, and west by the thirty-second meridian, ceded by Mexico, was transferred from the Territory of Utah to the Territory of Colorado. For other statutes of an organic nature relating to Colorado subsequent to 1861 see an act to fix time of holding legislative sessions, resolution of May 21, 1862; to abolish slavery In, act of June 19, 1862; to define the veto and other powers of the governor and to organize the court system, March 2, 1863; to OLIO STATE UNY first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian to the northern line of New Mexico; thence along the thirty-seventh parallel of north latitude to the place of beginning, be and the same is hereby erected into a temporary government by the name of the Territory of Colorado: Provided, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the Territory of Colorado until said tribe shall signify their assent to the President of the United States to be included within the said Territory, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the Government to make if this act had never passed: Provided further, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State. SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Colorado shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. SEC. 3. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the provide for admission to the Union, March 21, 1864; to change time for vote upon constitution, June 18, 1864; to regulate elective franchise in, January 25, 1867; to prohibit special acts of incorporation, March 2, 1867; to provide for biennial elections and rotation in terms of members of legislative assembly, act of March 30, 1867; to regulate appeals in courts and to empower the legislature to incorporate certain corporations, May 4, 1870; to amend method of making appeals in certain courts, July 14, 1870; to extend the pre-emption laws to, July 14, 1870; to apportion members of legislative assembly, February 21, 1871; to empower legislature to pass general laws for the incorporation of certain companies, June 10, 1872; to limit the duration of legislative sessions and to fix the pay of members, January 23, 1873; to amend act to enable people of, to form a constitution, March 3, 1876, legislative assembly hereinafter constituted, and all the acts and proceedings of the governor, in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate for the use of Congress. .And in case of the death, removal, or resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. SEC. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, which may be increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of thirteen members, which may be increased to twenty-six, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts for the election of the council and house of representatives, giving to each section of the Territory representation in the ratio of its population (Indians excepted) as nearly as may be; and the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district for which they may be elected, respectively. Previons to the first election the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken; and the first election shall be held at such time and places and be conducted in such manner as the governor shall appoint and direct; and he shall, at the same time, declare the number of the members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That in case of a tie between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term of forty days, except the first, which may be extended to sixty days, but no longer. |