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Show news DESERET :' 1 - mi- - 1 TRUTH -- A.3STID SUPPLEMENT. ''"ii i n LIBERT! ALT LAKE CITY, UTAH TEBBITOBY, THiBNUAX, APRII. 27, 1SS2. Sec 13. Each house shall establish its own rules, keen a tonrnal of its own proceedings, and publish them, except such parts as require secrecy, and the yeas snd nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal . Mkc 14. The door of each house shall be kept open during its session, exoept tho senate while slitting in executive session; and neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it may be holding session. Sec. 15. The enacting clause of everv Jaw shall be as follows: "Be it enacted by the legislature of the State of Utah." Skc. 16. Any bill or joint resolution may originate in either house of the legislature, and shall be read three times in each house before the final passage thereof, and snail not become a law without the concurrence of a majority of all the members elected to each honse. On the final passage of all bills the vote shall be by yeas and nays, which shall be entered on the CONSTITUTION OF THE STATE OF UTAH. PREAMBLE. We. the DeoDle of the St.it. our freedom, m order to secure its blessings, insure domestic tranquillity t'cuci i guvemmeaii, uo establish this CONSTITUTION. journal. Sec. 17. No law shall be revised or amended by reference to its title only, but the act as revised, or section as amended, shall be enacted and published at length. Skc. 18. All bills or joint resolutions passed by the legislature shall be presiding officers of the respective bouses. signed by the The Sec. it). legislature shall not grant any special privilege Or bill of divorce, nbr authorize any lottery, gift enterprise or game of chance. Sec. 2D. No money shall be drawn from the treasury except as appropriated by law. Skc. 'A. Provision shall be made by law for bringing suit against the State. Sec. 22. The first regular session of the legislature may extend to one hundred and twenty days, but no subsequent regular session shall exceed sixty days, nor shall any session convened by the governor exceed twenty days. Sec. 23. The members and officers of the legislature shall receive for their services a compensation to be fixed by lar.v, and no increase of such compensation shall take effect during the term for which the members and officers of either house shall have been elected. Sbo. 24. Kvery bill passed by the legislature shall be presented to the governor. If he approve it, he shall sign it, whereupon it shall; become a law; but if not, he shall return it, with his objections, to the house in which it originated, which house.shall cause such objections to be entered upon its journal, and proceed to reconsider it. If, a fter such consideration, it again houses, by a vote of of the members elected to each Eass both it shall become a law, notwithstanding the governor's objections. If any bill shall not be returned within fiv3 davs after it shall have been presented to him, Sunday excepted, exclusive of the day on which be received it, the same shall be law in like manner as if he had signed it, unless th legislature, by its final adjournment, prevent such return, in which case it shall not become a law unless the iroverrior. within five davs after the ad journment, shall file such bill, with his approval thereof , in the office of mi; secretary oi otate. Aitnaui I. Bnx of Rights. . Sue. men are possessed of eonal and. t ; i. it. liueriy hi x ana we or uvuivu rf iub, founded .Sua 2. .Ml free governments arepursuit All 1. . . inalienable . Tiatural inert, & fa nappiness. on the authority of the and instituted for their equal protection and benefit. people, 3. Sec. The right of trial by Jhrv shall remain forever inviolate. Sec. 4. The right to worship to the dictates of conscience, God, shall never be infringed) nor shall any according person be compelled to attend or support any form of worship; nor shall any control of, or interference with the "Kpts of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property be required for any office of public trust, nor for any vote qualification shall at any election, nor shall any person be incompetent to testify on account of religious- belief. Sxo. 5. The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require itajsuspension. Skc. 6. Excessive bail shall not be required, nor excessive fines imshaU cruel or unusual punishments be inflicted. posed, nor Sec. 7. All persons shall be bailable by sufficient sureties; unless for when the proof is evident or the capital offences, great. Sec. 8. No person shall be held to answer presumption for a or otherwise infamous crime, unless on a presentment or indictmentcapital, of a grand Jury, except in cases arising in the, land and naval forces, or in the militia when in actual service in time of war or public danger, nor shall any person for the same offence be twice put in jeopardy; nor be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without fust compensation. Sac 0. In all criminal prosecutions t he accused shall enjoy the right to a speedy and public inal, by an impartial jury of the Stat can d district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the na ure and cause of the accusation; to te confronted wish the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defence. Sao. 10. The State shall pass no law abridging the freedom of or of the press, or the right of the people peacealbly to assemble, andspeech petition the government for the redress of grievances, The military shall be subordinate to the civil power. Sc. 11. Sac. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except In the manner to be prescribed by law. Sao. 13. Representation shall be apportioned according to population. Sac. 14. There shall be no imprisonment for dejit, except in. cases of fraud. Sao. 15 Foreigner wlio are, or who may hereafter becwaie, bona fide residents of this State, shall enjoy the same rights in respeet to the possession, enjoyment, transmission and inheritance of property as native burn clttsens. Sao. 16. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but on probable cause, by oath or affirmation, particularly describing the place or supported places to be or the and or to and be seized. searched, person persons, thing things, Sac. 17. Treason against the State shall consist only in lowinar war against it, adhering to its enemies, or giving them aid and comfort. And no person shall be convicted of treason unless on the testimonv of two witness to the same overt act, or on confession in open court. Sac. 18. The right of citizens to keep and bear arms, for common thv fenoe, shall not be questioned. Sac. 19. The blessings of free government can only be maintained a firm adherence to justice, moderation, temperance, frugality and virtue, by and by frequent recurrence to fundamental principles. Bsc. 20. This enumeration of rights shall not be construed to Impair or deny others retained by the people. - two-thir- , Aktictjs Sec. Every citizen of the United States, not under twenty-on- e over, six months, and in years the county thirty days, next preceding any election, shall be entitled to vote or are now officers that hereafter may be elected by the peoole, and for all upon all questions submitted to the electors at such election; Provided, That no person who has been or may be convicted ,of treason er felony, in any State or Territory of the United States, unless restored to eivil rights, shall be entitled to the privileges of an elector. Sac. 2. During the day on which any general election shall be held, no elector shall be obliged to perform military duty, except in time of war o r public danger. Sac, 3. All elections by the people shall be by secret ballot. Sac. 4. Provision shall be made by law for. the registration of the names of the electors within the counties of which they may be reside its, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage. 1. the disabilities named In this constitution, of the labering age of and who shall have resided in the State 1 Abticxe III. Distribution of Powers. Sec. - The supreme executive power of this State shall be vested in a governor. Sec. 2. The go vernr ,r shall be elected by the qualified electors at the time and place of votng for the members of the legislature, and shall hold his office for the r evm Qf two years, and until his successor! shall be qualified.3. No per.se n shall be eligible to the office of governor who is not Skc. a qualified mal e elector, and who, at the time of such election, has not age of twenty-fiv- e years, and who, except at the first election under this ccnstituUon, shall not have been a citizen resident of this State for two yea-next preceding the election. Sec. 4. The governor of the military forces shall be commander-in-chie- f of this Sttjte, and may call out the same to execute the laws, suppress insurnd rection, repe'. invasion; and when the governor shall, with ithe consent of the l egislature:, be out of the State in time of war, and at the head of any militar y force thereof, he shall continue .commander-in-chie- f of Ithe military forces' of the State. fiKO. 5. He shall transact all executive business for and in behalf of the St .e, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective o'juces. Sec. 6. When any office shall from any cause become vacant, and no mode is prescribed by the constitution and laws lor titling such va:ancy, the governor shall bave power to fill such vacancy by appointment, which shall expire when sucli vacancy shall be filled by due course of law. Sec. 7. He shall see that the laws are faithfully executed. Sec. 8. The governor may, on extraordinary occasions, convene the shall state to both houses when Organized legislature bv proclamation, and been convened. the purpose for which they have Sec. 9. He shall communicate by message to the legislature, at every regular session, the condition of the State, and recommend such measures as he may deem expedient. Sec. 10. The governor shall have power to grant reprieves!, commuta tions and pardons, after conviction, of all offenses except impeachment, as may be provided by law. subject to11.such regulations shall be elected at the same time and A lieutenant-governSkc. and in the same manner as the governor, and his term of office and E laces is eligibility shall also be the same. He shall be the president of the senate, but shall only have a casting vote therein. In case of impeachment of the governor, or his removal from office, death, inability to discharge the duties of said office, resignation, or absence from the State, the powers and duties of the office shall devolve ujon the lieutenant-governfor the residue of the term, or until the disability shall cease; and in case of the disability of the powers and duties of the both the governor and lieutenant-governoexecutive shall devolve upon the secretary of State, until such disability shall cease, or the vacancy be filled. Sec. 12. A .secretary of State, a treasurer, an auditor, a surveyor-genera-l, a superintendent or public instruction, and an attorney-genera- l, shall be elected at the same time and places, and in the same man ner as the governor; the term of omce of each shall be the same as is prescribed for the governor. Any male elector who, except at the first elec tion, sha'd have resided in this State two years, next preceding such election, shall be officer, except the secretary of State, whose qualanybeof saidsame eligible, toshall as those of the governor. the ifications Sec. 13. There shall be a seal of the State, kept by the srjereta? y of State which shall be called the "Great Seal of the State of Utah." Skc. 14. All grants and commissions shall be in the name and b,y the and authority of the State of Utt ih, and shall be signed by the governor, countersigned by the secretory of State, who shall affix the great- - sea. 1 of the State thereto. Sec. 15. The secretary of State shall be the custodian of the acts of the legislature, and shall keep a true record of the procee ding i of the executive department of t'ae government, and shall, when required , lay the same and all other matters relative thereto before either branch of the legislature. Sec. 16. Tho secreta ry of State, treasurer, auditor survevoi general, superintendent of public instruction, and attorney general saljl perform such other duiif ;s as may be prescribed by law. sec. 17. 'J.ae governor shall not, during tne term for which list is elected ana quanneu, oe eiectou to me senate oi tue u niteu states. s 1 or or 1 tpper-tainin- Article IV. IannBXwtTrvis BsPABritErr. Sac. 1 The legislative authority of this State shall be vested In a legislature, which shall consist of a senate and house of representatives, arid the sessions thereof shall be held at the seat of government. Sac. 2. The sessions of the legislature shall be biennial, an d, exoept at the first session thereof, shall, commence on the second Monday in January next ensuing the election of members, of. the hoa.se of representatives, unless shall convene the legislature by proclamation. the governor Sec. 3. The members of' the. house of representatives si jail, exoept at the first election, be chosen biennially, by the qualified elect rs of their respective districts, oq the first Mpuday in. August, and their tei-- of office shall be two years from the day next after their election. Sao. 4. The senators shall be chosen by the qualified electors of their and places as the mem' oers of the house respective, districts, at the same time of representatives, and their term of office shall be four y. ars from the day next after their election, except as herein otherwise provide id. 'Sao. 6. The first legislature shall consist of thirteen s mators and twenty-six representatives; the number of senators and repre.' wntatives may be increased, but the senators shall never exceed thirty ir j number, and the number of representatives shall never be less than twice j jhai of the senators. TJie apportionment and increase of the members of both houses shall be as prescribed by law. Sec 6. No person shall be a senator who shall not have attained the age of twenty-fiv-e years, nor shall any person be a senator or representative who shall not beacitisen of the United States, and who, ex eept at the first election, shall not bave been two years a resident of this S tale, and for one yar next preceding his election a resident of the district in which he is elected. No waaua holding any State office exoept officers of the State Militia, commissioners of deeds and notaries public, and no exe cutive or judicial officer hall have a seat in the legislature. Sac. 7. The members of the legislature shall, b afore entering upon their efficial duties, take an oath or affirmation to suppo rt the Constitution of the United States and of this State, and faithfully to di charge the duties of their omees. respective Sice. 8. Kach house shall judgeof thequalifica' jo is, elections, and returns of its Own members, may punish them for dis rd rly conduct, and with of its whole numb jr, e xpel a member. the concurrence of two-thio. 9. No member of the legislature shall, duri ne the term for which he shall have bean elected, be appointed to any civil office of Drofit under this Slate which shall have been created, or the emo Inments of which shall have been increased, during such term, except such o ffiee as may be filled " w bv election bv the Deaole. Sao. 10. Members of the legislature, in all cases except treason, felony, or breach of the peace, shall be privileged from arre st during the session of the legislature, and for fifteen days next before the co mmencement and after the termination thereof. Sic. 11. When a vacancy occurs hi either boot e, the governor shall order kn election to fill such vacancv. Sac. 12. a. majority of all the members elected to each house shall stitute a quorum to transact business, but a smaller may adjourn from day to day, and compel the attendance of at tent members in such as each house may prescribe. msnnr and under such penalties rd con-numb- er oiffl-cia-l -- -- r- - purposes. Sac. 12. The supreme court shall! be always open for business, exoept days, nor in cases of adjournment which, in no ease, shall exeeed thirty requires the court to ds in shall any adjournment be taken while business session. Its sessions Shall be held at the Seat of go vernnient. Sac. 18. The style of all process shall be "The State of L tah," and all prosecutions shall be conducted in the name and by the authority of the same. Article VII. Impeachment. SecI i. The hous of representatives shall have the sole power of imimpeachments shall be tried by the senate. When peachment, and all sittingiLsa court of impeachment, tbs senators shall be upon oath or be do Justice according to law and evidence, and no person shall eonvk'tad without the concurrence of two thirds of all the members. Sec 2. The governor, judges Of the supreme and circuit courts, snd When the governor or other state officers shall be liable to impeachment. shall preJustice of the supreme court office lieutenant governor is tried, the chief eat and tend only to removal from shall side, and hi all to judgment State, hold any office of honor, trust or profit under this disqualification but the party convicted or acquitted sball nevertheless be liable to indictment, trial and ptinishment accordingTsi to law. directed, the house of representatives Sec. 3. Whdn an impeachment it shall be to prosshall elect from their own body three members, whosebeduty tried until the linal shall ecute such impeaiohment. No impaadhment of the legislature, when the senate shall proceed to try the same. adjournment accused shall have the right to Sec 4. In all impeachment trials the the nature and cause of appear, and in person, and by counsel, to todemand face to face, the accusation, and to have a copy thereof; meet the witnesses and to have process to compel the attendance of witnesses in his behalf. con1 Sec 5. All State officers shall be liable to impeachment for corrupt duct in office, for immoral conduct, for habitual drunkenness, and for any act felony. which, by the laws of the State, may be made a law for the removal of any Sec. 6: The legislature shall provide by officer elected by a district, county, prewinot or school district. 1 sfflr-mation- lo cas Article VIII. Mckicifaju aht oTttaa Corporations. Sec. 1. The legislature shall pass no special act conferring corporate powers. Sec. 2; The legislature shall provide for the organisation of cities, towns and villages, by general laws, and restrict their powers of taxation, their credit; assessment,; borrowing money, contracting debts andof loaning water for irrigation but for sanitary purposes and procuring supplies and other purposes, municipal corporations may borrow money to such vote of the electors thereof. amount as may be determined by a Skc 3. The legislature shall provide, by general laws, for the organisation of private corporations. Sec 4. This State shall not donate or loan money, or its credit, subscribe to, or be interested in, the stock of any company, association or educational, charitable, corporation,; except corporations roamedare for to be and remain under the reformatory or irrigation purposes, which patronage and control of the State. two-thir- Article IX. Finance and State Debt. The legislature shall provide by law for an annual tax, sufficient Sec. 2. The Stte shall not assume r guarantee the debts of any connty, city, town, village or private corporation nor loan money or Its credit to or m aid of any individual. Sec. . to defray the expenses of the State. Article AX AT ION. X. Sac 1. The legislature shall by law provide for a uniform and equal rate of taxation, and sball prescribe such regulations as shall secure a of all property, real, personal and posses just valuation for taxation claims bearing gold. Silver, and sory; Provided, that mines and mining surface Improvements other precious metals, except the net proceed and of ten years Trom the period thereof, shall be exempt from taxation for thethereafter may be taxed as prodate of the adoption of this constitution, and vided by law. Sec. 2. The property of the United States, and the property of this State, shall be exempt from taxation, arid suoh property as may belong to any or as may be used exclusively for. county or municipal corporation scientific and societies, or for school, religious, horticultural, agricultural,or charitable purposes, may be exempt from taxation, but such cemetery, shall be only by general law. exemptions taxes for the purpose of any Sec 3. The legislature shall not impose by law vest in the corporcounty, city, town, or other corporation, but may ate suthori ties thereof respectively the power to assess and collect taxes' for all purposes of such corporations. shall nover be taxed higher than Sec 4 . The property of that of residents. non-residen- r, - The powers of the government of the State oflUtah shall ye diSec. vided into three separate departments the legislative, the executive s.r id the g judicial; and neither of said departments shaU exercise any functions f to either of the others,, except iff he cases herein ejqjressly directed or permitted. 1. Executive Depabtmest. 1- j Abticxe II. Right of Suffrage. "V. ds at the ftfWt election, whfl ...... ....... ASmnt eleeuon. next of two least at State preceding hiseacn this years been a resident receive shall supreme snd circuit courtsnot Sec 10. The judges of the be diminished for his services a salary to be fixed by law, which shall for the term for which be shall have been elected. of the circuit court m in Sjsc 11. There shall be one or more terms seat in each omlnty, at such times as shall be prescribed annually at the connty That two or more counties may be consolidated for judicial law; Provided, by , ... ... and mntv.flta i v.,v, w . v vmra k. HIV BKQ VI ts Article XI. Edtjcattow. The legislature shall provide for a uniform system of public Sec schools, and may establish free schootts, Provided, That no sectarian or denominational doctrines shall be taught in any school supported in whole or in part by public funds. SEC. 2. All legislation in regard to education shall be impartial, guaranteeing; to all persons of every race, color and religion, equal rights and privileges. Sac 3. The proceeds of all lands that have been or may be granted by theUnited States to this State for the support of schools, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of the public schools throughout the 'State. Sec 4. The University of Deseret small be the University of this mate, and be under the control of the legislature, and constitute a public trust. The proceeds of all lands that have been granted by Congress for university purposes, shall be and remain .a perpetual "fund, the interest of which, together with the rents of unsold lands, shall be appropriated to the support of said university. Sac 5. No religious sect or denomination shall ever control or appropriate to its own use, any of the publiojschool orjuniversity funds of the State. 1. ' Article XII. Militya. d Sec. 1. The militia of the State sh all be composed of all such male citizens between nve of the and exoept years, ages forty eighteen Article VI. Judicial Department. as are, or may hereafter be, exempted by the laws of the Sec. 1. The judicial power of this State shall be vested in a supreme United States or of this State, and sha 11 he armed, equipped and disciplined may provide by lav v. court, circu it courts, and snch inferior courts as shall be establis bed and as the legislature Sec. 2. All officers of the militif t shall be elected by persons liable to u'lmse jurisdiction shall he determined bv law. Ssc. 2. The supreme court shall consist of a chief justice and it wo asso- military duty, in such manner as th j Legislature may provide. Staff officers shall be chosen from officers of the line. ciate justices, a majority of whom shall constitute a quorum. Sec 3. The justices" of the supreme court shall be elected by the qualified electors of the State at the general election, and shall hold ofile e for the Article XIII.- - -- Public TjcsTiTttTieirs. term of six years from and including the first Monday in January next sucSec 1. Institutions for the be neftt of the insane, and snch other benevceeding their election; the senior justice in commission shall be c aifci. justice, bear olent institutions as the public goc id may require, shall be fostered and and in ease the commissions of any two or more of said justices shall tho same Jate, they shall determine by lot who shall be chief jus .ice. by the State. Sec. 2. A State prison shall t established and maintained in snob mancourt shall have appellate jurisdiction in all cases Sec 4. The supreme be prescribed law. arisingunder the laws of the State, including special proceeding?-- The court ner as may Sec 3. The respectivebycount ies of the State shall proviae, as may be sball also haye power to issue writs of mandamus, certiorari, prohibition, infw o warranto habeas all for those writs necessary or roper to the prescribed by law, and ibitants who, by reason of age and infirmity, corpus, and also qq jurisdiction. Each of the ji tstices shall or misfortunes, may have claim upon tbs sympathy and aid of society. completo exercise of its appellate ha ve po wer to issue writs of habeas corpus to any part of the State upon on behalf of any person held in actual custod y, and may pe titionMuch by or Abtick.' XIV. BouwnAJnr. writs returnable before himself or the supreme cot urt, or before make ffl.7 vv ' 't" i 'J ' t ""TiKt'"! f;aif or ''IS' of before in court the circuit said courts. state, Ti "IV! any judge axiy The boundary of the Star e of Utah shall be as follows: Sec. 5. The State shall be divided into three or more judieia 1 circuits, in ' Commencing at a point ;oi med by the intersection of the thirty second eaah of which shall be elected, by the electors thereof, one judg w, who shall the thirty seventh degree degree of longitude west f r jta Washington, with be the judge of the circuit court therein, and whose term of ol Bee shall be of north latitude, thence di is vest along said thirty-seven. degree of north Until oth- latitude four years, and until his successor shall be elected and'qualiried. h to the intersectior , Qf the same with the degree of erwise provided by law, there shall be three circuits, as follows: The counties of Rich, Cache, Box Elder, Weber, Davis, Morgan and Si imnit sball longitude west from Washt (ngt n; thence due north along said thirty-seven- d longitude to ,he ir itersection of the same with the constitute the first circuit; the counties of Salt Lake, Tooele, Uuih, Juab, degree west of north latitude then oe due east along said d degree of Wasatch, Uintah, Sanpete and Emery shall constitute the set unci circuit; degree north latitude to the into ,rsectio n of the same with the thirty --fourth (degree snd the counties of Sevier, Millard, Beaver, Piute, San Juan, Gi trfield, Iron, of thirty-fourt- h longitude west froir , Wash ington; thence due south along said and Kane shall constitute the third. circuit. Washington the with same of of the west intersection de tothe shall courts have both degree law 6. circuit The longituSec chancery and, common deof n Jrth httiti ide; tbenee due east along said forty-firdegree iuirisdtction, and such other jurisdiction, both original and appe date, as may forty-firthirty-secon- d of the with same north latitude of the to srsectiow gree so int. That the shall be to be nrescribed bv law: Provided, construe das nothing degree of longitude west from Washington; thence dne south along said from cenferring limited common law or Chancery thirty-seconprevent the legislature d degree west longit ade to the place of beginning. upon inferior courts. jurisdiction courts may hold court for each other. Sec 7. The judges of the Ocircuit A.R1.TCLE XV an d shall do o when rtujuiml r Un M XSCELLAJtEOTJS PHO VISIONS. Sec. 8, Tie judges of the supreme and circuit courts shall be ineLtgible Sac 1. The seat of go vernme nt shall be at Salt Lake City, or snch place to election to any otner man a juuicuu omce. Sec. 9. JTto person shall be eligible to the office of supreme or oLcult as the legislature may determine SEC 2. No person shall be eli, rible to any elective office who is not a mu u iub. uo iu Ige who is not a mate citizen oi tue unneu estates, able-bodie- -- - sap-port- . t -- th thirty-sevent- th forty-secon- forty-secon- - st st ed |
