OF THE
WASHINGTON STATE
CONSTITUTION
Law Librarian and Professor of Law
University of Washington
Member of the Seattle Bar
Washington has had two constitutional conventions. The first one convened at Walla Walla in June, 1878. It was a very small body composed of only fifteen men, but representative of the Territory's best intellect. Their labors continued over a period of forty days and produced a draft of a proposed constitution unequaled by that of any state. While the proceedings of this convention were never printed, they can be found in the columns of the Walla Walla Bulletin for that month and the original draft may be found in the office of the Secretary of State. The proceedings have been reprinted with notes by Dean John T. Condon and Professor Edmund Meany of the University of Washington. When presented to Congress, this constitution was rejected and statehood postponed for another eleven years.
Just prior to the convening on July 4th of the Constitutional Convention of 1889, Mr. W. Lair Hill, a prominent attorney both of Oregon and California, code writer of Oregon, former editor of the Portland, Oregon, Oregonian, a new resident of Seattle and soon to be the compiler of Washington's first state code, prepared, at the request of the Oregonian, the draft of a model state constitution. Copies were placed on the desks of the members of the Constitutional Convention of 1889 and were used as the working basis upon which to build the constitution for the new state of Washington. While it is difficult to measure the extent of its influence, it is evident that it was not small.
This second constitutional convention met in Olympia pursuant to an enabling act passed by Congress on February 22, 1889. It was in session until August 22, 1889. The membership of the convention consisted of seventy-five delegates chosen by the people of the Territory of Washington at an election held May 14, 1889, under Section 3 of the Enabling Act. They represented twenty-four nativities, partly as follows: Missouri 10, Ohio 8, New York 7, Illinois 7, Maine 6, Pennsylvania 4, Kentucky 4, Indiana 3, Michigan 3, Tennessee 2, and North Carolina, Massachusetts, Washington, Wisconsin, Connecticut, Iowa, Nebraska, and California each 1.
Judge John P. Hoyt was chosen as its president. The personnel of the convention included many very distinguished citizens including three future justices of the supreme court, a future governor, a future United States Senator, several future superior court judges. By occupations there were 22 lawyers, 15 farmers, 6 physicians, 5 merchants, 5 bankers, 4 stockmen, 3 teachers, 4 millmen and loggers, 1 preacher, 1 surveyor, 1 fisherman, and 1 engineer. Their average age was 45 years.
The constitution presented by these delegates was ratified by the people at an election held on October 1, 1889, and on November 11, 1889, in accordance with Section 8 of the Enabling Act, the President of the United States proclaimed the admission of the State of Washington into the Union.
The Constitution of Washington was the result of a study of the constitutions of many states. The constitutions of Oregon and California influenced it the most; but a considerable number of its sections show similar and identical language taken from the constitutions of Wisconsin, Missouri, Colorado, and Indiana. A lesser number of sections show the influence of the constitutions of Illinois, Pennsylvania, Texas, and Ohio. Altogether provisions from twenty-three state constitutions were copied into the final draft.
The influence of the Hill model draft was extensive. Much of this draft came from Oregon, which in turn had been taken heavily from the constitution of Indiana. In addition to Oregon, Mr. Hill borrowed from California and Wisconsin. It is probable that the members of the constitutional convention used the Hill draft as a basis of their study and modified its provisions as they progressed with the work. The proposed Constitution of 1878 was of much aid to them also. Even Mr. Hill copied from it in the preparation of his model draft.
A study of the various sections of the Constitution of Washington as finally adopted shows somewhat the following conclusions:
State Constitution or Proposed Draft |
Identical Section |
Similar Section |
||||
Hill . . . . . . . . . . . . | 51 | 46 | ||||
California . . . . . . . . . . . . | 45 | 45 | ||||
Oregon . . . . . . . . . . . . | 23 | 37 | ||||
Wisconsin . . . . . . . . . . . . | 27 | 17 | ||||
Proposed 1878 . . . . . . . . . . . . | 19 | 30 | ||||
Indiana . . . . . . . . . . . . | 7 | 10 | ||||
Colorado . . . . . . . . . . . . | 8 | 15 | ||||
Missouri . . . . . . . . . . . . | 3 | 18 | ||||
Illinois . . . . . . . . . . . . | 6 | 14 | ||||
Pennsylvania . . . . . . . . . . . . | 7 | 6 | ||||
Texas . . . . . . . . . . . . | 2 | 7 | ||||
United States . . . . . . . . . . . . | 7 | 17 | ||||
Ohio . . . . . . . . . . . . | 1 | 7 |
Article | |
I | Based largely on Oregon, which, in turn, was based on Indiana. Hill based his text of this article on Oregon. |
II | Taken largely from California and Wisconsin. |
III | Borrowed from Hill, and the Proposed Constitution of 1878. |
IV | Borrowed from Hill, which, in turn, was borrowed from California. |
V | Taken from Colorado. |
VI-X | Taken from various jurisdictions. |
XI | Influenced largely by California and Missouri. |
XII | Borrowed heavily from California. |
XIII | Taken from Colo. Const.; prop. Const. of 1878 [Identical in Part.] Ohio Const. |
XIV-XV | Taken from Hill with some changes. |
XVI | Various jurisdictions. |
XVII | Hill, Enabling Act, and Proposed Constitution of 1876. |
XVIII | Original. |
XIX | California. |
XX | Texas. |
XXI | California, Colorado, and Hill. |
XXII | Oregon, Kansas, Hill. |
XXIII | California, Oregon, Hill, Proposed Constitution of 1878. |
XXIV | Original. |
XXV | Enabling Act and United States Constitution. |
XXVI | Enabling Act. |
XXVII | Proposed Constitution of 1878. |
XXVIII | 20th Amendment to State Constitution. |
WASHINGTON CONSTITUTION OF 1889
This comparison is with earlier constitutions of other states containing similar or identical provisions to the Washington Constitution.
Section 1 - Political Power | |
Hill's Proposed Const.,1 Art. I, Sec. 1; Oregon Const. 1857, Art. I, Sec. 1: See also Declaration of Independence. | In substance. |
1Subsequent references to Hill refer to Hill's Proposed Code. | |
Section 2 - Supreme Law | |
Hill, Art. I, Sec. 2; U.S. Const., Art. VI, Sec. 2. |
Identical in part. |
Section 3 - Due Process of Law | |
U.S. Const., Amend. V Ore. Const. 1857, Art. I, Sec. 10 (Hill, Art. I, Sec. 8, identical with Ore.). |
Identical.3 In substance. |
3Identical - The word identical is used to denote the exact phraseology in whole or in part. | |
Section 4 - Right of Petition | |
U.S. Const. Amend. I | Identical. |
Section 5 - Free Speech Guaranteed | |
Cal. Const. 1879, Art. I, Sec. 8. Ore. Const. 1857, Art. I, Sec. 8 (Ind. Const. 1851, Art. I, Sec. 9, and Hill, Art. I, Sec. 5, identical with Ore.). |
Almost identical Similar.2 |
2Similar - The word similar is used to denote either a partial resemblance or sameness in all essential parts. | |
Section 6 - Oaths | |
Ore. Const. 1857, Art. I, Sec. 7 (Ind. Const. 1851, Art. I, Sec. 8: and Hill, Art. I, Sec. 4: identical with Ore.). | Identical. |
Section 7 - Private Affairs Sacred | |
Ore. Const. 1857, Art. I, Sec. 9 (Hill, Art. 8, Sec. 7, and U.S. Const. Amend. IV, identical with Ore.). | Similar. |
Section 8 - Irrevocable Franchise or Immunity | |
Ore. Const. 1857, Art. I, Sec. 20 (Ind. Const. 1851, Art. I, Sec. 23, and Hill, Art. I, Sec. 22, identical with Ore.). | Similar. |
Section 9 - Former Jeopardy | |
Ore. Const. 1857, Art. I, Sec. 12 (Hill, Art. I, Sec. 12, identical with Ore.); U.S. Const. Amend. V. | Similar. |
Section 10 - Open Court; Early Trial | |
Ore. Const. 1857, Art. I, Sec. 10 (Hill, Art. I, Sec. 8, identical with Ore.); Ind. Const. 1851, Art. I, Sec. 12. | Similar. |
Section 11 - Religious Liberty | |
Ore. Const. 1857, Art. I, Secs. 2-6; Hill, Art. I, Sec. 3; Cal. Const. 1879, Art. I, Sec. 4; Mo. Const. 1875, Art. I, Secs. 5-8; Ind. Const. 1851, Art. I, Secs. 5-6. | Similar. |
Section 12 - Special Privileges Shall Not Be Granted | |
Ore. Const. 1857, Art. I, Sec. 20 (Hill, Art. I, Sec. 22; Ind Const. 1851, Art. I, Sec. 23, identical with Ore.). | Identical except that Wash. inserts the word "corporation." |
Section 13 - Suspension of Writ of Habeas Corpus | |
Ore. Const. 1857, Art. I, Sec. 23 (Hill, Art. I, Sec. 25, identical
with Ore.) Ind. Const. 1851, Art. I, Sec. 27. U.S. Const., Art. I, Sec. 9. |
Identical. Similar. Identical except for addition of words "when" and "may." |
Section 14 - Excessive Bail | |
U.S. Const., Amend. VIII. Ore. Const. 1857, Art. I, Sec. 16 (Hill, Art. I, Sec. 16, identical with Ore.). |
Identical except for omission of word
"unusual." Similar. Ore. adds "but all penalties shall be proportioned to the offense. In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the court as to the law, and the right of new trial, as in civil cases." |
Section 15 - No Corruption of Blood, nor Forfeiture of Estate | |
Ore. Const. 1857, Art. I, Sec. 25 (Hill, Art. I, Sec. 17; Ind. Const.
1851, Art. I, Sec. 30, identical with Ore.). U.S. Const. Art. III, Sec. 2. |
Identical except that Wash. uses "nor" in
place of "or." Similar. |
Section 16 - Taking of Private Property for Public Use | |
Cal. Const. 1879, Art. I, Sec. 14; Ala. Const. 1867, Art. I, Sec.
25. 9th Amend. changes this slightly. |
Similar. |
Section 17 - No Imprisonment for Debt | |
Ore. Const. 1857, Art. I, Sec. 19. Hill, Art. I, Sec. 20. |
Identical except that Ore. adds word
"fraud." Identical except that Hill adds word "debt." |
Section 18 - Military Subordinate to Civil Power | |
Ore. Const. 1857, Art. I, Sec. 27 (Ind. Const. 1851, Art. I, Sec. 33, identical with Ore.). | Identical. |
Section 19 - Elections to be Free and Open | |
Ore. Const. 1857, Art. II, Sec. 1 (Ind. Const. 1851, Art. II, Sec. 1, identical with Ore.). | Identical except that Ore. Const. omits everything after the first clause. |
Section 20 - Right to Bail | |
Ore. Const. 1857, Art. I, Sec. 14 (Hill, Art. I, Sec. 14; Ind. Const. 1851, Art. I, Sec. 17, identical with Ore.). | Similar. |
Section 21 - Right to Jury Trial | |
Ore. Const. 1857, Art. I, Sec. 18; Hill, Art. I, Sec. 9; Cal. Const. 1879, Art. I, Sec. 7; Nev. Const. 1864, Art. I, Sec. 3. | Similar. |
Section 22 - Right of Defense and Appeal | |
Ore. Const. 1857, Art. I, Sec. 11 (Hill, Art. I, Sec. 11; Ind. Const.
1851, Art. I, Sec. 13, identical with Ore.); U.S. Const.
Amendment VI. 10th Amend. changes this slightly. |
Similar. |
Section 23 - Ex Post Facto | |
Cal. Const. 1879, Art. I, Sec. 16 (Hill, Art. I, Sec. 23, identical
with Cal.). Ore. Const. 1857, Art. I, Sec. 21. U.S. Const., Art. I, Sec. 10. Ind. Const. 1851, Art. I, Sec. 23. |
Identical. Similar. Identical. Identical except that Indiana omits clause relative to Bills of Attainder. |
Section 24 - Right to Bear Arms | |
U.S. Const., Amend. II; Ore. Const. 1857, Art. I, Sec. 27; Hill, Art. I, Sec. 28. | Similar in part. |
Section 25 - Prosecution by Information | |
Cal. Const. 1879, Art. I, Sec. 8 (Hill, Art. I, Sec. 10, almost identical with Cal.). | Similar. |
Section 26 - Grand Jury | |
. . . . . . . . . . . . | Probably original. |
Section 27 - Treason Against State | |
Ore. Const. 1857, Art. I, Sec. 24 (Hill, Art. I, Sec. 26; Ind. Const.
1851, Art. I, Secs. 28, 29 identical with Ore.). U.S. Const. Art. I, Sec. 3. |
Identical except that Wash. adds an
additional conjunction "or." Identical. |
Section 28 - No Hereditary Privilege to be Granted | |
Ore. Const. 1857, Art. I, Sec. 29 (Ind. Const. 1851, Art. I, Sec. 35
identical). Cf. U.S. Const., Art. I, Sec. 9. |
Similar in substance. |
Section 29 - Provisions Mandatory | |
Cal. Const. 1879, Art. I, Sec. 22. | Identical except that Cal. adds word "prohibitory." |
Section 30 - Reserved rights; Rule of Construction | |
U.S. Const., Amendment IX. Cal. Const. 1879, Art. I, Sec. 23; Ore. Const. 1857, Art. I, Sec. 25 (Iowa Const. 1846, Sec. 24; Hill, Art. I, Sec. 31, identical). |
Identical except that U.S. Const. adds words
"or disparage." Similar. |
Section 31 - Standing Army | |
Ore. Const. 1857, Art. I, Sec. 29 (Hill, Art. I, Sec. 18; U.S. Const. Amend. III, identical with Ore.). | Identical except that Wash. adds the first clause not found in the others. |
Section 32 - Fundamental Principles Essential to Security | |
Wis. Const. 1848, Art. I, Sec. 22; N.H. Const. 1792, Sec. 38; Ill. Const. 1870, Art. II, Sec. 20. | Similar. |
Section 33 - Recall | |
8th Amendment (New Section). | |
Section 34 - Per Cent Required | |
8th Amendment (New Section). |
Section 1 - Legislature | |
Cal. Const. 1879, Art. IV, Sec. 1; Hill, Art. IV, Sec. 1; Mich.
Const. 1850, Art. IV, Sec. 3. 7th Amend. adds Initiative and Referendum. |
Similar. Wash. places enacting a clause in a separate section. |
Section 2 - Limited Membership | |
Wis. Const. 1848, Art. IV, Sec. 2. | Similar. |
Section 3 - State Census | |
4Wash. Const. 1878, Art. IV, Sec. 3. Wis. Const. 1848, Art. IV, Sec. 3; N.Y. Const. 1846, Art. IV, Sec. 4; Ore. Const. 1857, Art. IV, Sec. 5; Mo. Const. 1875, Art. IV, Sec. 3; Cal. Const. 1879, Art. IV, Sec. 3. Mich. Const., 1850, Art. IV, Sec. 3; Neb. Const. 1875, Art. III, Sec. 2. |
Identical except for last three words "in
active service." Similar. Very Similar. |
4Washington Constitution 1878, proposed only. | |
Section 4 - First Election of Representatives | |
Cal. Const. 1879, Art. IV, Sec. 3. | Similar |
Tenure of Office | |
Cal. Const. 1879, Art. IV, Sec. 3. | Similar. |
Section 5 - Second and Subsequent Elections | |
Cal. Const. 1879, Art. IV, Sec. 3. | Almost identical with Washington. |
Section 6 - Election State Senators | |
Wis. Const. 1848, Art. IV, Sec. 5, as amended 1881. | Similar. |
Section 7 - Eligibility | |
Wis. Const. 1848, Art. IV, Sec. 6. Hill, Art. IV, Sec. 8. |
Similar except as to requirement of being a
citizen of U.S. Contains the requirement that member must be a citizen of U.S. |
Section 8 - Election Returns | |
Wis. Const. 1848, Art. IV, Sec. 7. Cal. Const. 1879, Art. IV, Sec. 7; U.S. Const., Art. I, Sec. 5. |
Identical. Similar. |
Quorum | |
Wis. Const. 1848, Art. IV, Sec. 7; Cal. Const. 1879, Art. IV, Sec.
8. U.S. Const., Art. I, Sec. 5. |
Identical. Similar. |
Section 9 - Rules | |
Wis. Const. 1848, Art. IV, Sec. 8. Cal. Const. 1879, Art. IV, Sec. 9. U.S. Const., Art. I, Sec. 5. |
Identical except Wis. reads "cause" instead
of "offense." Similar in part. Very Similar. |
Section 10 - Officers of Each House | |
Wis. Const. 1848, Art. IV, Sec. 9. | Identical except that Wash. adds provision
giving the Lieutenant Governor a vote
in case of a tie. Language of Wash. Const. is also transposed from that of the Wis. Const. |
Section 11 - Journal | |
Wis. Const. 1848, Art. IV, Sec. 10. U.S. Const., Art. I, Sec. 5. |
Identical. Similar. |
Adjournment | |
Wis. Const. 1848, Art. IV, Sec. 10; Cal. Const. 1879, Art . IV, Sec. 14; U.S. Const., Art. I, Sec. 5. | Identical. |
Section 12 - Meetings of Legislature | |
Wis. Const. 1848, Art. IV, Sec. 11; Cal. Const. 1879, Art. IV, Sec. 3; Ore. Const. 1857, Art. IV, Sec. 10. | Similar. |
Limit of Session 60 Days | |
Nev. Const. 1864, Art. IV, Sec. 29. | Identical although several states have provisions from 45-50 days. |
Section 13 - Legislators Ineligible for Other State Offices | |
Wis. Const. 1848, Art. IV, Sec. 12. | Identical except for transposition of word "shall." |
Section 14 - Who Are Ineligible to Membership in Legislature | |
Wis. Const. 1848, Art. IV, Sec. 13. Cal. Const. 1879, Art. IV, Sec. 2; U.S. Const., Art. I, Sec. 6. |
Identical down to the proviso except for
phrase "or any other power." Similar proviso. |
Section 15 - Vacancies | |
Wis. Const. 1848, Art. IV, Sec. 14. 13th Amendment changes this slightly. |
Identical. |
Section 16 - Immunity from Arrest | |
Wis. Const. 1848, Art. IV, Sec. 15. U.S. Const., Art. I, Sec. 6. |
Identical except for transposition of words. Similar. |
Section 17 - Free Speech | |
Wis. Const. 1848, Art. IV, Sec. 16. | Identical. |
Section 18 - Style of Laws | |
Wash. Const. 1878, Art. VI, Sec. 1. Wis. Const. 1848, Art. IV, Sec. 17. |
Identical. Similar. |
No Law to be Enacted Except by Bill | |
Ore. Const. 1857, Art. IV, Sec. 1; Cal. Const. 1879, Art. IV, Sec. 15; Wis. Const. 1848, Art. IV, Sec. 17. | Identical. (Cal. Const. 1879, Art. IV, Sec. 15, and Wis. Const. 1848, Art. IV, Sec. 17, identical with Ore.) |
Section 19 - Only One Subject in Bill | |
Wis. Const. 1848, Art. IV, Sec. 18; Cal. Const. 1879, Art. IV, Sec. 24. | Similar. |
Section 20 - Either House May Amend | |
Wis. Const. 1848, Art. IV, Sec. 19 (Wash. Const. 1878, Art. VI, Sec. 21, identical). | Identical except Wash. uses "in" where Wis. uses "by." |
Section 21 - Yeas and Nays | |
Wis. Const. 1848, Art. IV, Sec. 20. U.S. Const., Art. I, Sec. 5. |
Identical except that Wis. adds the phrase
"on any question." Similar. |
Section 22 - Yeas and Nays in Passage of Bill | |
Wash. Const. 1878, Art. VI, Sec. 16; Cal. Const. 1879, Art. IV,
Sec. 15. Penn. Const. 1873, Art. III, Sec. 4. |
Similar. Identical. |
Section 23 - Compensation of Members | |
Wis. Const. 1848, Art. IV, Sec. 21. | Identical except as amount per diem (Wis. is $2.50; Wash. is $5.00) |
Section 24 - Lottery | |
Wis. Const. 1848, Art. IV, Sec. 24. | Identical except that Const. 1878 adds "the sale of lottery tickets shall be prohibited by law." |
Divorce | |
Wash. Const. 1878, Art. VI, Sec. 22. | Identical. |
Section 25 - Extra Compensation Forbidden | |
Wis. Const. 1848, Art. IV, Sec. 26. | Identical. |
Section 26 - Suit Against State | |
Wis. Const. 1848, Art. IV, Sec. 27. (Wash. Const. 1878, Art. VI, Sec. 30, identical with Wis.). |
Identical. |
Section 27 - Viva Voce Votes | |
Wis. Const. 1848, Art. IV, Sec. 30. (Wash. Const. 1878, Art. VI, Sec. 32, identical with Wis.). |
Identical except that Wis. inserts phrase "to be made." |
Section 28 - Certain Private Laws Forbidden 1 |
|
Wis. Const. 1848, Amend. Art. IV, Sec. 31, Cl. I (1871). | Identical. |
2 | |
Same, Cl. 2. | Identical except that Wash. adds phrase "shall have been." |
3 | |
Same, Cl. 3. | Identical except that Wis. inserts words "across streams at points." |
4 | |
Same, Cl. 4. | Identical. |
5 | |
Same, Cl. 6. | Identical. |
6 | |
Same, Cl. 7. | Identical except that Wis. inserts words "except to cities." |
7 | |
Same, Cl. 8. | Identical. |
8 | |
Same, Cl. 9. | Identical. |
9 | |
Cal. Const. 1879, Art. IV, Sec. 25, Cl. 14. | Identical. |
10 | |
Same, Cl. 16. (Hill, Art. IV, Sec. 28, Cl. 16, identical with Cal.) |
Identical. |
11 | |
Same, Cl. 17. (Hill, Art. IV, Sec. 28, Cl. 17, identical with Cal.) |
Identical. |
12 | |
Same, Cl. 18. (Hill, Art. IV, Sec. 28, Cl. 18, identical with Cal.) |
Identical. |
13 | |
Same, Cl. 23. (Wash. Const. 1878, Art. VI, Sec. 17, Cl. 13, identical with Cal.) |
Identical. |
14 | |
Same, Cl. 26. (Hill, Art. IV, Sec. 28, Cl. 25; Wash. Const. 1878, Art. VI, Sec. 17, Cl. 17, identical with Cal.) |
Identical. |
15 | |
Same, Cl. 27. (Hill, Art. IV, Sec. 28, Cl. 26; Wash. Const. 1878, Art. VI, Sec. 17, Cl. 12, identical with Cal.) |
Identical. |
16 | |
Same, Cl. 31. (Hill, Art. IV, Sec. 28, identical with Cal.) |
Identical except that Wash. omits word "legitimation." |
17 | |
Same, Cl. 32. (Hill, Art. IV, Sec. 28, Cl. 30, identical with Cal.) |
Identical. |
18 | |
Same, Cl. 21. (Hill, Art. IV, Sec. 28, Cl. 20, identical with Cal.) Wis. Const. 1848, Amend. Art. IV, Sec. 31, Cl. 5 (1871). |
Similar. Very similar. However neither of the above contain the Wash. proviso relative to creation of new counties. |
Section 29 - Labor of Convicts | |
Ill. Const. 1870 (Amendment of 1886). | Similar. |
Section 30 - Corrupt Solicitation | |
Penn. Const. 1873, Art. III, Secs. 31, 32. | Identical. |
Members Shall Not Vote in Certain Cases | |
Penn. Const., 1873, Art. III, Sec. 33 (Wash. Const. 1878, Art. VI, Sec. 29, identical with Penn.) | Identical. |
Section 31 - Laws Take Effect When | |
Texas Const. 1876, Art. III, Sec. 39. Ore. Const. 1857, Art. IV, Sec. 28; Colo. Const. 1876, Art. V, Sec. 19 (Wash. Const. 1878, Art. VI, Sec. 14, identical with Colo.); Hill, Art. IV, Sec. 27. Repealed by the 7th Amendment. |
Identical except that Wash. has omitted a
few words. Similar. |
Section 32 - Presiding Officers to Sign Bill | |
Wash. Const. 1878, Art. VI, Sec. 18; Hill, Art. IV, Sec. 25. | Similar. |
Section 33 - Alien Ownership of Lands | |
Ore. Const. 1857, Art. XV, Sec. 8. | Similar in part. |
Section 34 - Bureau of Statistics | |
Ohio Const. 1851, Art. XV, Sec. 8. | Similar. |
Section 35 - Laws Relating to Mines, Factories | |
Ill. Const. 1870, Art. IV, Sec. 29; Ohio Const. 1851, Art. II, Sec. 35; Ark. Const. 1874, Art. XIX, Sec. 18; Colo. Const. 1876, Art. XVI, Sec. 2. | Similar. |
Section 36 - Introduction of Bills Limited | |
Colo. Const. 1876, Art. V, Sec. 19; Md. Const. 1867, Art. III, Sec. 27; Minn. Const. 1857, Art. IV, Sec. 1; Neb. Const. 1875, Art. III, Sec. 4. | Similar. |
Section 37 - Amending Laws | |
Ore. Const. 1857, Art. IV, Sec. 22 (Hill, Art. IV, Sec. 22,
identical with Ore.). Wash. Const. 1878, Art. VI, Sec. 17. |
Identical except that Wash. omits words
"and published." Similar. |
Section 38 - Amendment to Bill | |
Colo. Const. 1876, Art. V, Sec. 17. | Similar. |
Section 39 - Passes Forbidden | |
Penn. Const. 1873, Art. XVII, Sec. 8. Cal. Const. 1879, Art. XII, Sec. 19. |
Similar. See Wash. Const. 1889, Art. XII, Sec. 20, for another similar section. In most states such a provision appears under article on corporations. |
Section 1 - Executive Department Consists of Whom | |
Hill, Art. V, Sec. 1; Wash. Const. 1878, Art. IX, Sec. 1; Colo. Const. 1876, Art. IV, Sec. 1. | Very similar; except that Wash. adds "other officers." |
Section 2 - Governor | |
Ore. Const. 1857, Art. V, Sec. 1; Wash. Const. 1878, Art. VII, Sec. 1; Hill, Art. V, Sec. 4. | Similar; Wash. drops the limitations on number of terms of office. |
Section 3 - Other Officers | |
Hill, Art. V, Sec. 2; Wash. Const. 1878, Art. IX, Sec. 1; Ore. Const. 1857, Art. VI, Sec. 1; Wis. Const. 1848, Art. VI, Sec. 1; Cal. Const. 1879, Art. V, Sec. 17. | Similar. Most constitutions provide for these officers. Some place them under an article entitled administrative dept. The details vary greatly. |
Section 4 - Returns on Election of Executive Officers | |
Hill, Art. V, Sec. 3. Ore. Const. 1857, Art. V, Sec. 4; Wash. Const. 1878, Art. VII, Sec. 3. |
Identical. Similar. |
Certificate of Election | |
Hill, Art. V, Sec. 3; Ore. Const. 1857, Art. V, Sec. 6; Wash. Const. 1878, Art. VII, Sec. 3 (similar in form). | Identical except that Wash. applies the authority to all "officers." |
Section 5 - Duties of Governor | |
Hill, Art. V, Sec. 4. | Identical except that Wash. substitutes "State" for "executive department." |
Section 6 - Message | |
Hill, Art. V, Sec. 5. | Identical. |
Section 7 - May Convene Extraordinary Sessions | |
Hill, Art. V, Sec. 6. | Identical except for slight change of words. |
Section 8 - Commander-in-Chief | |
Hill, Art. V, Sec. 8. | Identical. |
Section 9 - Pardoning Power | |
Hill, Art. V, Sec. 9. Wash. Const. 1878, Art. VIII, Sec. 5. |
Identical. Similar. |
Section 10 - Lieutenant-Governor Shall Act as Governor, When | |
Wash. Const. 1878, Art. VII, Sec. 6; Hill, Art. V, Sec. 12. Repealed by the 6th Amendment. |
Similar, although they do not provide for lieutenant-gover-nor. The idea of the office of the lieutenant-governor probably came from Cal. or Wis. |
Section 11 - Governor May Remit Fines, Etc. | |
Ore. Const. 1857, Art. V, Sec. 14 (Hill, Art. V, Sec. 14, identical with Ore.). | Identical. |
Section 12 - Duties of Governor in Regard to Enactment of Laws | |
Hill, Art. V, Sec. 15. Ore. Const. 1857, Art. V, Sec. 15; Cal. Const. 1879, Art. IV, Sec. 16; Wis. Const. 1848, Art. V, Sec. 10; Wash. Const. 1878, Art. VII, Sec. 7. |
Identical except for slight changes in minor
words. Similar. |
Veto of Individual Sections | |
Hill, Art. V, Sec. 15. | Almost identical; Ore. did not add this clause until 1920. |
Section 13 - Vacancies Filled by Appointment | |
Hill, Art. V, Sec. 16. | Identical. |
Section 14 - Salary of Governor | |
Varies in all constitutions which specifically provide the amount of the salary. | |
Section 15 - Governor Shall Issue All Commissions | |
Ore. Const, 1857, Art. V, Sec. 8 (Hill, Art. V, Sec. 18; Ind. Const. 1851, Art. XV, Sec. 6, identical with Ore.). | Identical. |
Section 16 - Duty of Lieutenant Governor to Preside Over Senate | |
Cal Const. 1879, Art. V, Sec. 15; Wis. Const. 1848, Art. V, Sec. 8. | Similar in this extent only. |
Section 17 - Duties of Secretary of State | |
Hill, Art. V, Sec. 19; Cal. Const. 1879, Art. V, Sec. 18. Ore. Const. 1857, Art. VI, Sec. 2. |
Identical except that Wash. drops the word
"fair" from the Hill Constitution and
the word "correct" from the Cal. Const. Similar. |
Section 18 - Shall Keep State Seal | |
Ore. Const. 1857, Art. VI, Sec. 3 (Hill, Art. V, Sec. 20, identical with Ore.). | Identical. |
Section 19 - Duties of State Treasurer | |
Ore. Const. 1857, Art. VI, Sec. 4 (Hill, Art. V, Sec. 21, identical
with Ore.). Wash. Const. 1878, Art. IX, Sec. 3. |
Identical. Similar. |
Section 20 - Duties of State Auditor | |
Hill, Art. V, Sec. 22. | Identical. |
Section 21 - Duties of Attorney General | |
Hill, Art. V, Sec. 23. | Identical except that Wash. uses "state officers" instead of naming them separately. |
Section 22 - Duties of Superintendent of Public Instruction | |
Wash. Const. 1878, Art. IX, Sec. 3. | Similar in part. |
Section 23 - Duties of Land Commissioner | |
. . . . . . . . . . . . | Seems to be original. |
Section 24 - Certain Offices to be Kept at Capital | |
Hill, Art. V, Sec. 24. Ore. Const. 1857, Art. VI, Sec. 5; Wash. Const. 1878, Art. IX, Sec. 1. |
Almost identical. Similar. |
Section 25 - Eligibility to State Office | |
Wis. Const. 1848, Art. V, Sec. 2; Ill. Const. 1870, Art. VII, Sec. 6; Colo. Const. 1876, Art. VII, Sec. 6. | Similar in part. |
Treasurer Ineligible for Second Term | |
Wash. Const. 1878, Art. IX, Sec. 4; Neb. Const. 1875, Art. V, Sec. 3. | Similar. |
Certain Offices May be Abolished | |
Cal. Const. 1879, Art. V, Sec. 19. | Similar with regard to surveyor-general. |
Section 1 - Supreme Court, Inferior Courts | |
Hill, Art. VI, Sec. 1. | Identical except that Wash. drops words "in any incorporated city." |
Section 2 - Supreme Court Consists of Whom | |
Hill, Art. VI, Sec. 2; Wash. Const. 1878, Art. VIII, Sec. 4. | Similar in part. Identical. |
Separate Departments | |
Cal. Const. 1879, Art. VI, Sec. 2. | Similar in part. |
Section 3 - Supreme Court Election | |
Cal. Const. 1879, Art. VI, Sec. 3; Hill, Art. VI, Sec. 3. | Portions identical; portions similar; portions probably original. |
Section 4 - Jurisdiction Supreme Court | |
Cal. Const. 1879, Art. VI, Sec. 4; Hill, Art. VI, Sec. 4. | Portions identical; portions similar; portions probably original. |
Section 5 - Superior Courts - Sessions - Tenure | |
Cal. Const. 1879, Art. VI, Sec. 6; Hill, Art. VI, Sec. 5. | Portions identical; portions similar; portions probably original. (Portions now obsolete due to statutes.) |
Section 6 - Jurisdiction of Superior Courts | |
Cal. Const. 1879, Art. VI, Sec. 5 (Hill, Art. VI, Sec. 6, identical with Cal.). | Identical except for a few word changes. |
Section 7 - Judges May Hold Court in Any County | |
Cal. Const. 1879, Art. VI, Sec. 8 (Hill, Art. VI, Sec. 7, identical with Cal.). | Identical. |
Pro Tempore Judges | |
Cal. Const. 1879, Art. VI, Sec. 8. | Identical except that Wash. requires selection of pro tempore judge to be approved by court. |
Section 8 - Leave of Absence of Judges | |
Cal. Const. 1879, Art. VI, Sec. 9 (Hill, Art. VI, Sec. 8, identical with Cal.). | Identical with the exception of the proviso, which seems to be original. |
Section 9 - Removal of Judges | |
Cal. Const. 1879, Art. VII, Sec. 10; Hill, Art. VI, Sec. 8; Wis. Const. 1848, Art. VII, Sec. 13. | Similar. |
Section 10 - Justice of Peace | |
Cal. Const. 1879, Art. VI, Sec. 11; Hill, Art. VI, Sec. 8. | Similar. |
Section 11 - Courts of Record | |
Hill, Art. VI, Sec. 11. | Identical except for slight change. |
Section 12 - Jurisdiction of Inferior Courts | |
Hill, Art. VI, Sec. 12. Cal. Const. 1879, Art. VI, Sec. 13. |
Identical. Similar. |
Section 13 - Compensation of Judicial Officers | |
Hill, Art. VI, Sec. 13. Cal. Const. 1879, Art. VI, Sec. 15. |
Identical except for slight change. Similar in part. |
Section 14 - Salaries of Judges | |
. . . . . . . . . . . . | Amounts vary in most state constitutions where fixed by the Constitution itself. |
Section 15 - Judges Ineligible to Any Other Office | |
Hill, Art. VI, Sec. 14. Cal. Const. 1879, Art. VI, Sec. 18. |
Identical. Similar. |
Section 16 - Charge to Jury | |
Hill, Art. VI, Sec. 15. Cal. Const. 1879, Art. VI, Sec. 19. |
Identical except that Wash. adds words "or
comment on." Similar. |
Section 17 - Eligibility to Judgeship | |
Hill, Art. VI, Sec. 18. Cal. Const. 1879, Art. VI, Sec. 23. |
Identical. Similar. |
Section 18 - Reporter for Supreme Court | |
Hill, Art. VI, Sec. 16. | Identical. |
Section 19 - Judges Shall Not Practice Law | |
Cal. Const. 1879, Art. VI, Sec. 22 (Hill, Art. VI, Sec. 17, identical with Cal.). | Identical. |
Section 20 - Decision of Judges Superior Court, Limit of Time | |
Hill, Art. VI, Sec. 19. Md. Const. 1867, Art. IV, Sec. 23. |
Identical. Similar. |
Section 21 - Publication of Opinion, Supreme Court | |
Cal. Const. 1879, Art. VI, Sec. 16 (Hill, Art. VI, Sec. 26, identical with Cal.). | Identical except that Wash. omits phrase "as it may deem expedient." |
Section 22 - Clerk Supreme Court | |
Hill, Art. VI, Sec. 20. | Identical except Wash. adds "by salary only." |
Section 23 - Court Commissioner | |
Cal. Const. 1879, Art. VII, Sec. 14; Wis. Const. 1848, Art. VII, Sec. 23; Minn. Const. 1857, Art. VI, Sec. 15. | Similar. |
Section 24 - Rules of Courts | |
. . . . . . . . . . . . | Seems to be original. |
Section 25 - Superior Judges to Report to Supreme Court Judges | |
Colo. Const. 1876, Art. VI, Sec. 27; Ill. Const. 1870, Art. VI, Sec. 31. | Similar. |
Section 26 - Clerk Superior Court | |
Cal. Const. 1879, Art. VI, Sec. 14 (Hill, Art. VI, Sec. 21, identical with Cal.). | Similar. |
Section 27 - Style of Process | |
Cal. Const. 1879, Art. VI, Sec. 20. | Identical. |
Section 28 - Oaths of Judges | |
Hill, Art. VI, Sec. 27; Ore. Const. 1857, Art. VI, Sec. 21. | Similar. |
Section 1 - Proceedings | |
Colo. Const. 1876, Art. V, Sec. 1; Nev. Const. 1864, Art. VII, Sec. 1. | Identical. |
Section 2 - Impeachable Offenses | |
Colo. Const. 1876, Art. V, Sec. 2; Nev. Const. 1864, Art. VII,
Sec. 2. U.S. Const., Art. I, Sec. 3. |
Identical except for a slight word change. Similar. |
Section 3 - Removable from Office | |
Colo. Const. 1876, Art. V, Sec. 3. | Identical. |
Section 1 - Qualification of Electors | |
Colo. Const. 1876, Art. VII, Sec. 1; Wis. Const. 1848, Art. III,
Sec. 1; Ore. Const. 1857, Art. II, Sec. 1; Mo. Const. 1875,
Art. VIII, Sec. 2. (Amendment 5th supersedes Amendment 2nd and adds last sentence - "woman suffrage.") |
Similar. |
Section 2 - In School Elections | |
Colo. Const. 1876, Art. VII, Sec. 1. (Repealed by 5th Amendment.) |
Similar. |
Section 3 - Certain Persons Not Electors | |
Wis. Const. 1848, Art. III, Sec. 2; Ore. Const. 1857, Art. II, Sec. 3. | Similar. |
Section 4 - Residence Not Gained or Lost by Military Service | |
Colo. Const. 1876, Art. VII, Sec. 4; Penn. Const. 1873, Art. VIII, Sec. 13; Nev. Const. 1864, Art. II, Sec. 2. | Identical except that Wash. adds last sentence. |
In Navigation | |
Mo. Const. 1875, Art. VIII, Sec. 7; Penn. Const. 1873, Art. VIII, Sec. 13; Nev. Const. 1864, Art. II, Sec. 2. | Identical. |
Section 5 - Immunity from Arrest | |
Mo. Const. 1875, Art. VIII, Sec. 4; Colo. Const. 1876, Art. VII, Sec. 5; Ore. Const. 1857, Art. II, Sec. 13. | Identical except for slight transposition of words. Wash. adds last sentence. |
Military Service on Day of Election | |
Ore. Const. 1857, Art. II, Sec. 13; Neb. Const. 1875, Art. VII, Sec. 5. | Identical. |
Section 6 - Election by Ballot | |
. . . . . . . . . . . . | Nearly all states provide for this form of election. |
Preservation of Secrecy | |
. . . . . . . . . . . . | This provision is in most constitutions under various forms of language. |
Section 7 - Registration | |
Wis. Const. 1848, Amend. Art. I, Sec. 4 (1882); Wash. Const.
1878, Art. IV, Sec. 9. Hill, Art. II, Sec. 4. |
Similar. Hill added this clause in view of decision of Ore. Sup. Court following that of Wis. that a specific constitutional provision was necessary to authorize a registration law. See Wis. amendment above mentioned. |
Section 8 - First Election | |
. . . . . . . . . . . . | Many states have provisions of this kind. Naturally, they vary greatly. Colo. and Hill, similar in part. |
Note: It is evident that the Committee on Revenue and Taxation studied very carefully the constitutions of many states as is shown by the fact that they have borrowed a sentence from one state and a part of a sentence from some other state. It will be impossible to show where they secured some provisions, such as that (Sec. 2) requiring the assessment to be according to "the value of the property in money." It is also difficult to understand why they did not choose a plan of classification for property, or to define property, or to provide for taxation of intangibles, when so many states' constitutions presented such examples and when other states preparing constitutions at the same time chose them.
Section 1 - All Property Taxed According to Value | |
Tex. Const. 1876, Art. VII, Sec. 1; Cal. Const. 1879, Art. XIII, Sec. 1; Wash. Const. 1878, Art. XII, Sec. 1; Ore. Const. 1857, Art. IX, Sec. 2; Kan. Const. 1857, Art. XI, Sec. 2. | Similar in parts. |
Section 2 - Uniform and Equal Rate of Taxation | |
Ore. Const. 1857, Art. IX, Sec. 1; Ill. Const. 1870, Art. IX, Sec.
1; Ind. Const. 1851, Art. IX, Sec. 1; Kan. Const. 1857, Art.
XI, Sec. 2; Colo. Const. 1876, Art. X, Sec. 4. (3rd Amendment included as the last proviso of this section, $300 personal property exemption.) |
Similar in parts. |
Section 3 - Assessment of Corporation Property | |
Colo. Const. 1876, Art. X, Sec. 10; (Wash. Const. 1878, Art. XII, Sec. 6, identical with Colo.). | Similar. |
Section 4 - Same | |
Tex. Const. 1876, Art. VIII, Sec. 4. Ga. Const. 1877, Art. VII, Sec. 5; Colo. Const. 1876, Art. X, Sec. 9; (Wash. Const. 1878, Art. XII, Sec. 5; identical with Colo.). (14th Amendment repeals Secs. 1-4 and substitutes single Sec. 1.) |
Identical. Similar. |
Section 5 - No Tax Except in Pursuance of Law | |
Ore. Const. 1857, Art. IX, Sec. 3 (Hill, Art. VII, Sec. 3, identical with Ore.). | Identical. |
Section 6 - All Taxes to be Paid in Money | |
. . . . . . . . . . . . | Original. |
Section 7 - Statement of Receipts and Expenditures | |
Ore. Const. 1857, Art. IX, Sec. 5 (Ind. Const. 1851, Art. X, Sec. 4; Hill, Art. VII, Sec. 5, identical with Ore.). | Identical. |
Section 8 - Deficiencies Provided For | |
Wis. Const. 1848, Art. VIII, Sec. 5; Ore. Const. 1857, Art. IX, Sec. 6; Hill, Art. VII, Sec. 6. | Identical. |
Section 9 - Cities May Have Special Taxes | |
Ill. Const. 1870, Art. IX, Sec. 9. | Identical except for slight word change. |
MUNICIPAL INDEBTEDNESS
Section 1 - State Indebtedness Limited | |
Ia. Const. 1857, Art. VII, Sec. 2. Hill, Art. VII, Sec. 8. |
Identical except for slight word change. Similar. |
Section 2 - Exceptions to Limitation | |
Ia. Const. 1857, Art. VII, Sec. 4. | Identical except for slight word change. |
Section 3 - Special Provision for Incurring Indebtedness | |
Cal. Const. 1879, Art. XVI, Sec. 1. | Identical except for slight word change. |
Section 4 - Appropriations | |
Wash. Const. 1878, Art. XII, Sec. 7; Hill, Art. VII, Sec. 4. (11th Amendment changes this section slightly.) |
Similar in part. Most constitutions contain this provision. The remainder of the Wash. section seems to be original. |
Section 5 - Credit of State Shall Not be Pledged | |
Ia. Const. 1879, Art. VII, Sec. 1. Wash. Const. 1878, Art. XII, Sec. 9. |
Identical except that Wash. adds the word
"comparing." Similar. |
Section 6 - Limit of Indebtedness of Counties, Cities or School Districts | |
Ill. Const. 1878, Art. IX, Sec. 12. | Similar. This section was inserted to help Seattle following the big fire of 1889. |
Section 7 - Counties Shall Not Aid Corporations | |
Ore. Const. 1857, Art. XI, Sec. 9; Hill, Art. XI, Sec. 6; Wash. Const. 1878, Art. XII, Sec. 9; New York, Const. Amend., Art. VII, Sec. 11 (1874). | Similar in parts. |
Section 1 - Education of Children | |
. . . . . . . . . . . . | Original. |
Section 2 - Uniform System | |
Ore. Const. 1857, Art. VIII, Sec. 3. | Similar. Many states have a provision similar to this. |
Includes What; Support of | |
Cal. Const. 1879, Art. IX, Sec. 6. | Very similar. |
Section 3 - Common School Fund | |
Ore. Const. 1857, Art. VIII, Sec. 2; Hill, Art. VIII, Sec. 3; Wash. Const. 1878, Art. XI, Sec. 4. | Similar. |
Section 4 - School to be Non-sectarian | |
Hill, Art. VIII, Sec. 1. | Identical. |
Section 5 - Losses to Permanent School Fund | |
Wash. Const. 1878, Art. XI, Sec. 3. | Similar in substance. |
Section 1 - Military Duty; Who Are Liable to | |
Ore. Const. 1857, Art. X, Sec. 1 (Hill, Art. IX, Sec. 1, identical with Ore.); Colo. Const. 1876, Art. XVII, Sec. 1. | Similar. This provision in varying forms is common to many constitutions. |
Section 2 - Organization of Militia | |
Cal. Const. 1879, Art. VIII, Sec. 1. | Identical. |
Section 3 - Soldiers' Home | |
. . . . . . . . . . . . | Seems to be original, although Texas has a provision, the substance of which is similar. Several states admitted at about the time or subsequent to Wash. have similar provisions to this. |
Section 4 - Arms | |
Ohio Const. 1851, Art. IX, Sec. 5. Mo. Const. 1875, Art XIII, Sec. 7; Colo. Const. 1876, Art. XVII, Sec. 4. |
Identical. Similar. |
Section 5 - Immunity from Arrest | |
Ill. Const. 1870, Art. XII, Sec. 4; Ala. Const. 1867, Art. XI, Sec. 5. | Very similar. |
Section 6 - Exemption from Military Duty | |
Colo. Const. 1876, Art. XVII, Sec. 5; Ill. Const. 1870, Art. XII, Sec. 6. | Identical. |
ORGANIZATION
Section 1 - County Organization Recognized | |
Cal. Const. 1879, Art. XI, Sec. 1 (Hill, Art. XI, Sec. 1, identical with Cal.). | Similar. |
Section 2 - Removal of County Seats | |
Ill. Const. 1870, Art. X, Sec. 4; Mo. Const. 1875, Art. IX, Sec. 2; Cal. Const. 1879, Art. XI, Sec. 2. | Very similar. |
Section 3 - Organization of New Counties | |
Ill. Const. 1870, Art. X, Sec. 1. Cal. Const. 1879, Art. XI, Sec. 3; Mo. Const. 1875, Art. IX, Secs. 3 and 4. |
Identical except for number of inhabitants. Similar. |
Territory Stricken from County | |
Ill. Const. 1870, Art. X, Sec. 3. Mo. Const. 1875, Art. IX, Sec. 3. |
Identical. Cal., Tex., Md., and Ark. have
similar provisions. Similar. |
Change of Boundaries | |
Ill. Const. 1870, Art. X, Sec. 3. Cal. Const. 1879, Art. XI, Sec. 3; Mo. Const. 1875, Art. IX, Sec. 3. |
Identical. Similar. |
Section 4 - System of County Government | |
Cal. Const. 1879, Art. XI, Sec. 4. Ill. Const. 1870, Art. X, Sec. 5; Mo. Const. 1875, Art. IX, Sec. 8. |
Identical. Similar. |
Section 5 - County Officers, Compensation of | |
Cal. Const. 1879, Art. XI, Sec. 5. (12th Amendment changed this section slightly.) |
Identical except for slight word change. |
Section 6 - Vacancies | |
Mo. Const. 1875, Art. IX, Sec. 11. | Similar. |
Section 7 - Ineligibility for More Than Two Terms | |
Ill. Const. 1870, Art. X, Sec. 8; Mo. Const. 1875, Art. IX, Sec. 11. | Similar in substance. |
Section 8 - Salaries | |
Cal. Const. 1879, Art. XI, Sec. 9. | Identical in part; remainder original. |
Section 9 - All Counties Liable for State Taxes | |
Cal. Const. 1879, Art. XI, Sec. 10. | Identical except that Wash. omits "city, town or other public or municipal corporation." |
Section 10 - Municipal Corporations Not Created by Special Law | |
Cal. Const. 1879, Art. XI, Sec. 6. Cal. Const. 1879, Art. XI, Sec. 8; Mo. Const. 1875, Art. IX, Sec. 16. |
Identical down to sentence beginning "Any
city containing 20,000 etc." Similar for balance of the section. |
Section 11 - Privileges of Cities | |
Cal. Const. 1879, Art. XI, Sec. 11. Hill, Art. XI, Sec. 7. |
Identical except for slight word change. Similar. |
Section 12 - Local Taxation; Government by General Laws | |
Cal. Const. 1879, Art. XI, Sec. 12. Hill, Art. XI, Sec. 8. |
Identical. Similar. |
Section 13 - Private Property Not Liable for Public Debt | |
Cal. Const. 1879, Art. XI, Sec. 15. | Identical except that Wash. adds an exception. |
Section 14 - Unlawful Use of Public Money | |
Cal. Const. 1879, Art. XI, Sec. 17. | Identical. |
Section 15 - All Public Money Deposited with Treasurer | |
Cal. Const. 1879, Art. XI, Sec. 16. | Identical. |
Section 1 - Not Created by Special Laws | |
Cal. Const. 1879, Art. XII, Sec. 1; Wash. Const. 1878, Art. XIII, Sec. 1. | Similar. |
Section 2 - Corporation Must Have Bona Fide Organization | |
Cal. Const. 1879, Art. XII, Sec. 6. Penn. Const. 1873, Art. XVI, Sec. 1. Wash. Const. 1878, Art. XIII, Sec. 1. |
Identical. Identical except for slight word change. Similar. |
Section 3 - Legislature Shall Not Extend Franchise | |
Cal. Const. 1879, Art. XIII, Sec. 7. Penn. Const. 1873, Art. XVI, Sec. 2. |
Identical. Similar. |
Section 4 - Limiting of Stockholders | |
Ore. Const. 1857, Art. XI, Sec. 3; Ohio Const. 1851, Art. XIII, Sec. 3 (Ala. Const. 1876, Art. XIII, Sec. 8, identical with Ohio). | Similar. |
Section 5 - Corporations Construed to Include What | |
Cal. Const. 1879, Art. XIII, Sec. 4; N.Y. Const. 1846, Art. VIII, Sec. 3. | Identical. |
Section 6 - Corporation Stock Fictitious Issues Void | |
Cal. Const. 1879, Art. XIII, Sec. 11; Penn. Const. 1873, Art. XVI, Sec. 7. | Similar. |
Section 7 - All Corporations to be Treated Equally | |
Cal. Const. 1879, Art. XIII, Sec. 15. Hill, Art. X, Sec. 6. |
Identical. Similar. |
Section 8 - Leasing or Alienation of Franchise | |
Cal. Const. 1879, Art. XIII, Sec. 10. | Identical except for first few words. |
Section 9 - State Shall Not Loan Credit | |
Cal. Const. 1879, Art. XIII, Sec. 13. | Identical. |
Section 10 - Eminent Domain, State May Exercise Right | |
Ark. Const. 1874, Art. XVII, Sec. 9. Penn. Const. 1873, Art. XVI, Sec. 3 (Cal. Const. 1879, Art. XIII, Sec. 8, identical with Penn.); Colo. Const. 1876, Art. XV, Sec. 8; Mo. Const. 1875, Art. XII, Sec. 4; Neb. Const. 1875, Art. XI, Sec. 6; Ill. Const. 1870, Art. XI, Sec. 14. |
Identical. Identical except for slight word change. |
Section 11 - Corporations and Individuals Shall Not Issue Money | |
Cal. Const. 1879, Art. XII, Secs. 3 and 5; Ia. Const. 1857, Art. VIII, Sec. 9 (Neb. Const. 1875, Art. XI, Sec. 7, identical with Ia.). | Similar. |
Section 12 - Insolvent Banks Shall Not Receive Deposits | |
Mo. Const. 1875, Art. XII, Sec. 17 (La. Const. 1879, Art. 241, identical with Mo.). | Similar. |
Section 13 - Common Carriers, Rights and Duties | |
Cal. Const. 1879, Art. XII, Sec. 27; Penn. Const. 1873, Art. XVII, Sec. 1; Mo. Const. 1875, Art. XII, Sec. 13. | Similar. |
Section 14 - Certain Combinations Forbidden | |
Cal. Const. 1879, Art. XII, Sec. 20. | Identical. |
Section 15 - Discrimination in Rates Forbidden | |
Cal. Const. 1879, Art. XII, Sec. 21. Penn. Const. 1873, Art. XVII, Sec. 7 (Mo. Const. 1875, Art. XII, Sec. 23, identical with Penn.). |
Identical. Similar in part. |
Section 16 - Shall Not Consolidate | |
Ill. Const. 1870, Art. XI, Sec. 11; Penn. Const. 1873, Art. XVII, Sec. 4 (Mo. Const. 1875, Art. XII, Sec. 17, identical with Penn.); Wash. Const. 1878, Art. XIII, Sec. 3; Tex. Const. 1876, Art. X, Sec. 5. | Similar in part. |
Section 17 - Rolling Stock, Personal Property | |
Ark. Const. 1874, Art. XVII, Sec. 11; Ill. Const. 1870, Art. XI, Sec. 10 (Mo. Const. 1875, Art. XII, Sec. 16, identical with Ill.); Neb. Const. 1875, Art. XI, Sec. 2; Tex. Const. 1876, Art. X, Sec. 4. | Very similar. |
Section 18 - Regulation of Fares and Freight | |
Ill. Const. 1870, Art. XI, Sec. 15; Ark. Const. 1874, Art. XVII, Sec. 10; Tex. Const. 1876, Art. X, Sec. 2. | Similar. |
Railroad Commission | |
Cal. Const. 1879, Art. XII, Sec. 22. | Similar in substance. |
Section 19 - Telegraph and Telephone Companies | |
Colo. Const. 1876, Art. XV, Sec. 13; Penn. Const. 1873, Art. XVI, Sec. 12. | Similar in part; probably for most part original. |
Section 20 - Free Passes | |
Cal. Const. 1879, Art. XII, Sec. 19; Penn. Const. 1873, Art. XVII, Sec. 8. | Identical in part. |
Section 21 - Railroads Shall Not Discriminate Against Express Companies | |
. . . . . . . . . . . . | Probably original, although many states with constitutions subsequent to Wash. constitution have included them. |
Section 22 - Trusts and Monopolies | |
. . . . . . . . . . . . | Probably original, See above note. |
Section 1 - Educational, Reformatory and Penal Institutions | |
Colo. Const. 1876, Art. VIII, Sec. 1; Wash. Const. 1878, Art.
XIV, Sec. 1. Ohio Const. 1851, Art. VII, Secs. 1, 2. |
Identical in part. Similar. |
Section 2 - How Changed | |
Hill, Art. XV, Sec. 2; Ore. Const. 1857, Art. XIV, Sec. 3. | Similar. |
Section 3 - Capitol Building | |
Hill, Art. XV, Sec. 3. | Similar. |
Section 1 - Harbor Line Commission | |
Hill, Art. XII, Sec. 1. (This section amended by the 15th Amendment.) |
Probably original for most part |
Section 2 - Leasing of Sites for Wharves | |
Hill, Art. XII, Sec. 4. | Probably original. |
Section 3 Municipal Corporations May Extend Streets Over TideLands | |
Hill, Art. XII, Sec. 4. | Probably original. |
Section 1 - Shall Not be Sold at Less Than Market Value | |
Hill, Art. XII, Sec. 1. | Identical. |
Section 2 - Lands for Educational Purposes Sold to Highest Bidder | |
Wash. Enabling Act, Sec. 11; Art. XI, Sec. 10; Minn. Const. 1857, Art. VIII, Sec. 2. | Similar in substance. |
Section 3 - Subdivision of | |
. . . . . . . . . . . . | Probably original. |
Section 4 - Investment of Funds | |
Minn. Const. 1857, Art. VIII, Secs. 2, 6; Mo. Const. 1875, Art. XI, Sec. 9; Tex. Const. 1876, Art. VII, Secs. 4, 11. | Similar. |
Section 5 - Investment of School Funds | |
A new section added by this amendment. |
Section 1 - Claim of State | |
Plea of Mr. Hill in connection with his proposed article IX is probably responsible for this article. | See decision in case of Hinman v. Warren, 6 Ore. 408. |
Section 2 - Ownership Disclaimed to Certain Lands | |
Wash. Enabling Act, Sec. 17. Wash. Const. 1878, Art. XV, Sec. 10. |
Enabling Act substitutes other lands in lieu
of "Swamp and overflowed lands." This section disclaims the effect of above decision of Hinman v. Warren. |
Section 1 - Design of | |
. . . . . . . . . . . . | Original. |
Section 1 - Homestead | |
Cal. Const. 1879, Art. XVII, Sec. 1. | Identical. |
Section 1 - Board of Health | |
Tex. Const. 1876, Art. XVI, Sec. 32. | Similar. |
Section 2 - Practice of Medicine | |
Tex. Const. 1876, Art. XVI, Sec. 31. | Similar. |
Section 1 - Water Rights | |
Cal. Const. 1879, Art. XIV, Sec. 1; Colo. Const. 1876, Art. XVI,
Sec. 5. Hill, Const. Art. XVI, Sec. 9. |
Similar. Similar in part. |
Section 1 - First Apportionment Senatorial District | |
Hill, Art. Schedule, Sec. 16; Kan. Const. 1859, Art. X, Sec. 3; Ore. Const. 1859, Art. XVIII, Sec. 5. | A number of state constitutions contain somewhat similar provisions. |
Section 2 - First Apportionment Representative District | |
Hill, Art. Schedule, Sec. 16; Kan. Const. 1859, Art. X, Sec. 3; Ore. Const. 1859, Art. XVIII, Sec. 5. | Similar. Portion now obsolete by statute. |
Section 1 - State Constitution, How Amended | |
Wash. Const. 1878, Art. XVI, Sec. 1. Cal. Const. 1879, Art. XVIII, Sec. 1; Hill, Const. Art. XVIII, Sec. 1. Ore. Const. 1857, Art. XVII, Sec. 1 (Ind. Const. 1851, Art. XVI, Sec. 1, almost identical to Ore.). |
Identical except Wash. requires publication. Similar. Numerous state constitutions contain provisions similar in varying detail. |
Section 2 - Convention to Amend, How Called | |
Wash. Const. 1878, Art. XVI, Sec. 2. Cal. Const. 1879, Art. XVIII, Sec. 2. |
Identical. Similar. |
Section 3 - Voters Must Ratify | |
Wash. Const. 1878, Art. XVI, Sec. 3. | Identical. |
Section 1 - Boundaries Defined | |
. . . . . . . . . . . . | This is a customary provision and naturally varies in each state. |
Section 1 - U.S. to Have Certain Jurisdiction | |
Wash. Enabling Act, Sec. 4, Par. 2; U.S. Const., Art. I, Sec. 8, Par. 17. | In substance. |
Section 1 - Religious Toleration | |
Wash. Enabling Act, Sec. 4, Par. 1 | Identical. |
Section 2 - Rights to Appropriated Public Lands Disclaimed | |
Wash. Enabling Act, Sec. 4, Par. 2. | Identical. |
Section 3 - Debts of Territory Assumed | |
Wash. Enabling Act, Sec. 4, Par. 3. | Identical. |
Section 4 - System of Public Schools Guaranteed | |
Wash. Enabling Act, Sec. 4, Par. 4. | Identical. |
Section 1 - Existing Rights Preserved | |
Schedule, Wash. Const. 1878, Sec. 1. | Similar. |
Section 2 - Laws of Territory Valid | |
Schedule, Wash. Const. 1878, Sec. 2. | Identical except Wash. Const. 1889 adds proviso. |
Section 3 - Debts of Territory Valid | |
Schedule, Wash. Const. 1878, Sec. 3. | Identical. |
Section 4 - Recognizances of Territory Valid | |
Schedule, Wash. Const. 1878, Sec. 4. | Identical. |
Section 5 - Penal Actions | |
Schedule, Wash. Const. 1878, Sec. 4. | Identical. |
Section 6 - Public Officers | |
Schedule, Wash. Const. 1878, Sec. 5. Hill, Art. XVI, Sec. 12. |
Identical. Similar. |
Section 7 - First Election of Officers | |
Wash. Enabling Act, Sec. 24. | Similar in substance. |
Section 8 - Courts, Transfer of Cases | |
Schedule, Wash. Const. 1878, Sec. 6. | Identical except for slight word change. |
Section 9 - Court Seals | |
Schedule, Wash. Const. 1878, Sec. 8. | Identical except for slight word change. |
Section 10 - Probate Court Transferred to Superior Court | |
Schedule, Wash. Const. 1878, Sec. 9. | Identical except for slight word change. |
Section 11 - Election of Officers Not Otherwise Provided for | |
Schedule, Wash. Const. 1878, Sec. 10. | Identical. |
Section 12 - Contests at First Election | |
Schedule, Wash. Const. 1878, Sec. 11. | Identical except for slight word change. |
Section 13 - Representatives in Congress | |
Schedule, Wash. Const. 1878, Sec. 13. | Identical. |
Section 14 - District, County Precinct Officers Hold Office Until 1891 | |
Schedule, Wash. Const. 1878, Sec. 5. | Similar. |
Section 15 - Election to Adopt Constitution | |
Enabling Act, Sec. 8. | Similar. |
Section 16 - State Constitution, in Effect When | |
Enabling Act, Sec. 8. | Similar. |
Section 17 - Separate Articles Submitted | |
Schedule, Wash. Const. 1878, Sec. 20. | Similar. |
Section 18 - Form of Ballot | |
Separate Articles Wash. Const. 1878, Arts. 1, 3 (Arts. 2 and 4 are new). | Similar. |
Section 19 - Appropriation Authorized to Pay any Deficiency | |
. . . . . . . . . . . . | Original. |