Schedule
That no inconvenience may arise by reason of the change
in the form of government, it is hereby ordained and declared:
Section 1. All laws remain till repealed.
That all laws in force at the adoption of this constitution shall, so far as not
inconsistent therewith, remain of the same force as if this constitution had not been
adopted, until they expire by their own limitation or are altered or repealed by the
general assembly; and all rights, actions, prosecutions, claims and contracts of the
territory of Colorado, counties, individuals or bodies corporate (not inconsistent
therewith) shall continue as if the form of government had not been changed and this
constitution adopted.
Section 2. Contracts recognizances
indictments. That all recognizances, obligations and all other instruments entered
into or executed before the admission of the state, to the territory of Colorado, or to
any county, school district or other municipality therein, or any officer thereof, and all
fines, taxes, penalties and forfeitures due or owing to the territory of Colorado, or any
such county, school district or municipality, or officer; and all writs, prosecutions,
actions and causes of action, except as herein otherwise provided, shall continue and
remain unaffected by the change of the form of government. All indictments which shall
have been found, or may hereafter be found, and all informations which shall have been
filed, or may hereafter be filed, for any crime or offense committed before this
constitution takes effect, may be proceeded upon as if no change had taken place, except
as otherwise provided in the constitution.
Section 3. Territorial property vests in
state. That all property, real and personal, and all moneys, credits, claims and
choses in action, belonging to the territory of Colorado at the adoption of this
constitution, shall be vested in and become the property of the state of Colorado.
Section 4. Duty of general assembly.
The general assembly shall pass all laws necessary to carry into effect the provisions of
this constitution.
Section 5. Supreme and district courts
transition. Whenever any two of the judges of the supreme court of the state elected
or appointed under the provisions of this constitution shall have qualified in their
office, the causes theretofore pending in the supreme court of the territory, and the
papers, records and proceedings of said court, and the seal and other property pertaining
thereto, shall pass into the jurisdiction and possession of the supreme court of the
state; and until so superseded the supreme court of the territory and the judges thereof
shall continue with like powers and jurisdiction as if this constitution had not been
adopted. Whenever the judge of the district court of any district elected or appointed
under the provisions of this constitution, shall have qualified in his office, the several
causes theretofore pending in the district court of the territory, within any county in
such district, 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 district court of the state, for such county, and until the district courts of the
territory shall be superseded in manner aforesaid, the said district courts and the judges
thereof shall continue with the same jurisdiction and powers to be exercised in the same
judicial districts respectively as heretofore constituted under the laws of the territory.
Section 6. Judges district attorneys
term commence on filing oath. The terms of office of the several judges of the supreme
and district courts and the district attorneys of the several judicial districts first
elected under this constitution, shall commence from the day of filing their respective
oaths of office in the office of the secretary of state.
Section 7. Seals of supreme and district
courts. Until otherwise provided by law, the seals now in use in the supreme and
district courts of this territory are hereby declared to be the seals of the supreme and
district courts respectively of the state.
Section 8. Probate court county court.
Whenever this constitution shall go into effect, the books, records, papers and
proceedings of the probate court in each county, and all causes and matters of
administration pending therein, shall pass into the jurisdiction and possession of the
county court of the same county, and the said county court shall proceed to final decree
or judgment, order or other determination, in the said several matters and causes, as the
said probate court might have done if this constitution had not been adopted. And until
the election of the county judges provided for in this constitution, the probate judges
shall act as judges of the county courts within their respective counties, and the seal of
the probate court in each county shall be the seal of the county court therein until the
said court shall have procured a proper seal.
Section 9. Terms probate court, probate
judge, apply to county court, county judge. The terms "Probate Court" or
"Probate Judge", whenever occurring in the statutes of Colorado territory,
shall, after the adoption of this constitution, be held to apply to the county court or
county judge, and all laws specially applicable to the probate court in any county, shall
be construed to apply to and be in force as to the county court in the same county, until
repealed.
Section 10. County and precinct officers.
All county and precinct officers, who may be in office at the time of the adoption of this
constitution, shall hold their respective offices for the full time for which they may
have been elected, 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.
Section 11. Vacancies in county offices.
All county offices that may become vacant during the year eighteen hundred and
seventysix by the expiration of the term of the persons elected to said offices, shall
be filled at the general election on the first Tuesday in October in the year eighteen
hundred and seventysix, and, except county commissioners, the persons so elected shall
hold their respective offices for the term of one year.
Section 12. Constitution takes effect on
president's proclamation. 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 Colorado admitted into the Union; and the governor, secretary, treasurer,
auditor and superintendent of public instruction of the territory of Colorado shall
continue to discharge the duties of their respective offices after the admission of the
state into the Union, until the qualification of the officers elected or appointed under
the state government; and said officers, for the time they may serve, shall receive the
same compensation as the state officers shall by law be paid for like services.
Section 13. First election, contest.
In case of a contest of election between candidates, at the first general election under
this constitution, for judges of the supreme, district or county courts, or district
attorneys, the evidence shall be taken in the manner prescribed by territorial law; and
the testimony so taken shall be certified to the secretary of state, and said officer,
together with the governor and attorneygeneral, shall review the testimony and determine
who is entitled to the certificate of election.
Section 14. First election canvass.
The votes at the first general election under this constitution for the several officers
provided for in this constitution who are to be elected at the first election shall be
canvassed in the manner prescribed by the territorial law for canvassing votes for like
officers. The votes cast for the judges of the supreme and district courts and district
attorneys shall be canvassed by the county canvassing board in the manner prescribed by
the territorial law for canvassing the votes for members of the general assembly; and the
county clerk shall transmit the abstracts of votes to the secretary of the territory
acting as secretary of state, under the same regulations as are prescribed by law for
sending the abstracts of votes for territorial officers; and the aforesaid acting
secretary of state, auditor, treasurer, or any two of them, in the presence of the
governor, shall proceed to canvass the votes, under the regulations of sections
thirtyfive and thirtysix of chapter twentyeight of the Revised Statutes of Colorado
Territory.
Section 15. Senators representatives
districts. Senators and members of the house of representatives shall be chosen by the
qualified electors of the several senatorial and representative districts as established
in this constitution until such districts shall be changed by law; and thereafter by the
qualified electors of the several districts as the same shall be established by law.
Section 16. Congressional election
canvass. The votes cast for representatives in congress at the first election held
under this constitution shall be canvassed and the result determined in the manner
provided by the laws of the territory for the canvass of votes for delegate in congress.
Section 17. General assembly, first
session restrictions removed. The provision of the constitution that no bill,
except the general appropriation bill introduced in either house after the first
twentyfive days of the session shall become a law, shall not apply to the first session
of the general assembly; but no bill introduced in either house at the first session of
the general assembly after the first fifty days thereof shall become a law.
Section 18. First general election
canvass. A copy of the abstracts of the votes cast at the first general election held
under this constitution shall by the county clerks of the several counties be returned to
the secretary of the territory immediately after the canvass of said votes in their
several counties; and the secretary, auditor and treasurer of the territory, or any two of
them, shall on the twentyfifth day after the election, meet at the seat of government
and proceed to canvass the votes cast for members of the general assembly and determine
the result thereof.
Section 19. Presidential electors, 1876.
The general assembly shall, at their first session, immediately after the organization of
the two houses and after the canvass of the votes for officers of the executive
department, and before proceeding to other business, provide by act or joint resolution
for the appointment by said general assembly of electors in the electoral college, and
such joint resolution or the bill for such enactment may be passed without being printed
or referred to any committee, or read on more than one day in either house, and shall take
effect immediately after the concurrence of the two houses therein, and the approval of
the governor thereto shall not be necessary.
Section 20. Presidential electors after
1876. The general assembly shall provide that after the year eighteen hundred and
seventysix the electors of the electoral college shall be chosen by direct vote of the
people.
Section 21. Expenses of convention.
The general assembly shall have power at their first session to provide for the payment of
the expenses of this convention if any there be then remaining unpaid.
Section 22. Recognizances, bonds, payable
to people continue. All recognizances, bail bonds, official bonds and other
obligations or undertakings, which have been, or at any time before the admission of the
state shall be made or entered into, and expressed to be payable to the people of the
territory of Colorado, shall continue in full force notwithstanding the change in the form
of government, and any breach thereof, whenever occurring, may after the admission of the
state be prosecuted, in the name of the people of the state.
Done in Conventionat the city of Denver,
Colorado, this fourteenth day of March in the year of our Lord one thousand eight hundred
and seventysix, and of the Independence of the United States the one hundredth.
In Witness Whereof, we have hereunto subscribed
our names.
J. C. WILSON, President.
H. P. H. BROMWELL,
CASIMIRO BARELA,
GEORGE BOYLES,
W. E. BECK,
BYRON L. CARR,
WM. H. CUSHMAN,
WILLIAM M. CLARK,
A. D. COOPER,
HENRY R. CROSBY,
ROBERT DOUGLAS,
LEWIS C. ELLSWORTH,
CLARENCE P. ELDER,
F. J. EBERT,
WILLARD B. FELTON,
JESUS Ma GARCIA,
DANIEL HURD,
JOHN S. HOUGH,
LAFAYETTE HEAD,
WM. H. JAMES,
WM. R. KENNEDY,
WM. LEE,
ALVIN MARSH,
WM. H. MEYER,
S. J. PLUMB,
GEO. PEASE,
ROBERT A. QUILLIAN,
LEWIS C. ROCKWELL,
WILBUR F. STONE,
WILLIAM C. STOVER,
HENRY C. THATCHER,
AGAPITO VIGIL,
W. W. WEBSTER,
GEORGE G. WHITE,
EBENEZER T. WELLS,
P. P. WILCOX,
JOHN S. WHEELER,
J. W. WIDERFIELD,
ABRAM KNOX YOUNT.
Attest:
W. W. COULSON, Secretary.
HERBERT STANLEY, 1st Assistant Secretary.
H. A. TERPENNING, 2nd Assistant Secretary.
