Arizona Mining Liens Referendum, Questions 302 and 303 (1912)

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The Arizona Mining Liens Referendum, also known as Questions 302 and 303, was a veto referendum on the November 5, 1912 ballot in Arizona, where it was approved.

This measure under referendum created liens on mines and mining rights for labor and materials used at the mine.[1]

Election results

Arizona Questions 302 and 303 (1912)
ResultVotesPercentage
Approveda Yes 13,551 70.01%
No5,80429.99%

Election results via: Arizona State Library, Archives and Public Records

Text of measure

The language that appeared on the ballot:

REFERENDUM ORDERED BY PETITION OF THE PEOPLE
An Act creating a lien upon Mines and Mining Claims for labor performed thereon by miners, laborers or others, and for material of any kind designed or used thereon. Vote YES or NO.
302. Yes.
303. No.[1][2]

Legal changes

AN ACT TO AMEND PARAGRAPH 2904 (SECTION 25) OF CHAPTER II, TITLE 40, OF THE REVISED STATUTES OF ARIZONA, 1901, RELATING TO LIENS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Section 1. That Paragraph 2904 (Section 25) of Chapter II, Title 40, of the Revised Statutes, 1901, be and the same is hereby amended to read as follows:
(Section 25.) All miners, laborers and others who may and all persons who may furnish material of any kind, designed or used, in or upon any mine, or mining claim, and to whom any sum is due for such labor or material, shall have a lien upon the same for such sums as are unpaid. And said lien for labor performed, or material furnished, shall attach to said mine, or mining claim, whenever said labor was performed, or said material was furnished in or upon said mine, or mining claim, under any of the following conditions:
1. Under or by virtue of a contract between the person performing such labor, or furnishing said material, and the owner of said mining claim, or his agent, trustee, receiver, contractor or contractors.
2. Under or by virtue of a contract between the person performing such labor, or furnishing said material, and the lessee of said mine, or mining claim, or his agent, or contractor, where the terms of the lease from the owner of said mine, or mining claim, to said lessee, permit said lessee to develope or work said mine, or mining claim.
3. Under or by virtue of a contract between persons performing said labor, or furnishing said material, and any person or corporation having an option to buy, or contract to purchase said mine, or mining claim, from the owner thereof, where said option or contract permits the person, or corporation, having said option to buy, or contract to purchase, to go upon said mine, or mining claim, and to work or develope the same.
The lien herein provided for shall attach to the mine, or mining claim, in or on which said labor was performed, or material furnished, in preference to any prior lien, or encumbrance, or mortgage upon said mine, or mining claim, EXCEPT such liens, encumbrances, or mortgages, which may have attached to any mine, or mining claim, prior to the passage of this Act.[1]

Path to the ballot

The measure was originally part of "House Bill No. 97."

See also

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Suggest a link

External links

References

  1. 1.0 1.1 1.2 1.3 Arizona Secretary of State, Arizona Supplement Pamphlet, 1912
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.