sent of the United States and the people of this state:

eration guar

First: That perfect toleration of religious sentiment shall be Religious tolsecured, and that no inhabitant of this state shall ever be mo-anteed. lested in person or property on account of his or her mode of religious worship.

Second: That the people inhabitating this state do agree and Rights to unappropriated declare that they forever disclaim all right and title to the un-public lands disclaimed. appropriated 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 States, 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 Congress of the United States, and that the lands belonging 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 hereafter 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 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.

Debts of terri

Third: The debts and liabilities of the Territory of Wash- tory assumed. ington, and payment of the same, are hereby assumed by this state.

Fourth: Provision shall be made for the establishment and System of public schools maintenance of systems of public schools free from sectarian guaranteed. control, which shall be open to all the children of said state.

ARTICLE XXVII.-SCHEDULE.

In order that no inconvenience may arise by reason of a change from territorial to a state government, it is hereby declared and ordained as follows:

Section 1. No existing rights, actions, suits, proceedings, contracts, or claims shall be affected by a change in the form of government, but all shall continue as if no change had taken place; and all process which may have been issued under the authority of the Territory of Washington previous to its admission into the Union shall be as valid as if issued in the name of the state.

Sec. 2. All laws now in force in the Territory of Washington, Laws of territory of Washwhich are not repugnant to this constitution, shall remain in ington valid. force until they expire by their own limitation, or are altered or

Debts, fines,

etc., inure to

state.

taken under

territorial government valid under state government.

repealed by the Legislature: 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 corporation.

Sec. 3. All debts, fines, penalties, and forfeitures, which have accrued, or may hereafter accrue, to the Territory of Washington, shall inure to the State of Washington.

Recognizances Sec. 4. All recognizances heretofore taken, or which may I 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 officer or court in his or its official capacity, shall pass to the state authorities and their successors in office, for the uses therein expressed, and may be used for and recovered accordingly, and all the estate, real, personal, 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.

Penal actions.

Public officers.

First election of officers.

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 be pending, shall be prosecuted to judgment and execution in the name of the state. All offenses committed against the laws of the Territory of Washington, before the change from a territorial 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 Washington, 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 Washington, 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 subject matter thereof.

Sec. 6. All officers now holding their office under the authority of the United States, or of the Territory of Washington, shall continue to hold and exercise their respective offices until they shall be 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 constitution on the first Tuesday of October, 1889.

Courts, trans

Sec. 8. Whenever the judge of the superior court of any fer of cases. county, elected or appointed under the provisions of this constitution, shall have qualified, the several causes then pending in the district court of the territory, 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 commencement 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 for such county. And where the same 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 records are kept, the orginal papers in all cases pending in such district court 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 district courts and the judges thereof shall continue with the same jurisdiction and powers, to be exercised in the same judicial districts, respectively, as heretofore constituted under the laws of the territory. Whenever 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 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 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.

Sec. 9. Until otherwise provided by law, the seal now in use Court seals. in the Supreme Court of the territory shall be the seal of the Supreme Court of the state. The seals 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: "Seal of the Superior Court of ........ County," surrounding the vignette. The seal of municipalities, and all county officers of the territory, shall be the seals of such municipalities and county officers, respectively, under the state, until otherwise provided by law.

cases to be

Sec. 10. When the state is admitted into the Union, and the Probate court Superior Courts in the respective counties organized, the books, transferred to records, papers and proceedings of the probate court in each superior court.

Contests at first election.

Representative in congress.

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.

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 United States shall be elected from the state at large, 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 Legislature 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, who may be ty and precinct in office at the time of the adoption of this constitution, and the office until county clerk of each county 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 bond 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 provided until the same be changed by law.

District, coun

officers to hold

1891.

Sec. 15.

The election held at the time of the adoption of this constitution shall be held and conducted in all respects according

Election to adopt consticonducted.

to the laws of the territory, and the votes cast at said election for all officers (where no other provisions are made in this constitu- tution, how tion), and for the adoption of this constitution and the several separate articles, and the location of the state capitol, 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 tion in effect, from the day on which the president of the United States shall when. 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 proclamation, unless otherwise provided herein.

State constitu

cles submitted.

article.

Sec. 17. The following separate articles shall be submitted Separate artito the people for adoption or rejection at the election for the adopuon of this constitution: Separate article No. 1: "All persons, Female sufmale and female, of the age of 21 years, or over, possessing the frage. other qualifications provided 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 Prohibition 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 receiveing a majority shall become a part of this constitution and shall govern and control any provision of the constitution in conflict therewith.

Sec. 18. The form of ballot to be used in voting for or against Form of ballot. this constitution, or for or against the separate articles, or for

the permanent location of the 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 government.

(Name of place voted for.)

Appropriation

Sec. 19. The Legislature is hereby authorized to appropriate authorized to from the state treasury sufficient money to pay any of the ex- pay deficiency. penses of this constitution 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 sub