Show THE constitution the organic law ol of the state ot utah IT MEETS THE POPULAR NATIONAL DEMAND the following is the constitution of the proposed state of utah in full as formulated by the constitutional convention which adjourned thursday PREA PREAMBLE we the people of utah grateful ful to almi almighty lahty god for our freedom in order to secure its bless sings insure domestic tranquility and torm form a more perfect government do establish this constitution ARTICLE I 1 RILL BILL OF RIGHTS EIGHTS SECTION 1 all men are possessed of equal and inalienable natural rights among which are life liberty and the pursuit of happiness SEC 2 all free governments are founded on the authority ot of the people and instituted for their equal protection and benefit SEC 3 there shall be no union of church aud and state nor shall any church dominate the state SEC 4 the right to worship god according to the dictates of conscience shall never be infringed nor shall the state make any law respecting an establishment of religion or prohibiting the free exercise thereof nor any control of or interference with the rights of conscience be permitted no religious test or property qualification fi shall be required for any office of pubic trust nor for any vote at any election nor shall any person be incompetent to testify on account of religious belief or the absence thereof SEC 5 the right of trial by jury shall remain forever inviolate but the legislature may inay provide that in civil actions five sixths sixtus of a jury may tender render a verdict and that in inferior courts a numberless number less than twelve may constitute a jury SEC 6 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 its suspension sus Dension SEC 7 excessive bail shall not be required nor excessive flues fines imposed nor shall crul or unusual punishments be inflicted nor shall witnesses be unreasonably detain ednor confined in any room where criminals are ac dually imprisoned SEC 8 all persons shall be by sufficient sureties unless for cap tal offense when the is evident or the presumption great SEC 9 no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment ot of a grand jury except except in cases arising in the landane lan dand naval forces or in the militia when in actual service in time of war or public danger nor shall any person for the same game ortense be twice put in jeopardy nor be compelled in any criminal case to be a witness against himself nor be deprived of lite liberty or property without due process of law nor shall private property be taken or damaged tor lor public use without just compensation SEC 10 in all criminal prosecutions the accused shall ibave have the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed which district shall have been previously ascertained by law to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtain obtaining n witnesses in his favor and to have the assistance of counsel for his defense SEC sac 11 the state shall pass no law abridging the freedom of speech or of the press or the right of the people peaceably to assemble and petition the government for tile the redress of grievances SEC 12 the military shall be subordinate to the civil power SEC 13 no soldier shall in time of peace be quartered in any house without the consent of the owner nor in 4 time of war except in the manner prescribed by law and no standing army shall 1 be maintained by this state in ume of f peace SEC 14 representation presentation Ee shall be apportioned according to population ftc fisc 15 there shall be no imprisonment for debt except in cases of irand fraud bice 16 no bill of attainder ex post facto law or law impairing the obligation of oon contracts tracts shall be bb passed parsed SEC 17 all laws of a general nature shall have a uniform operation size SEC 18 foreigners who are or who may mav hereafter become bona fide residents of this state shall have the same rights in respect to the possession transmission and inheritance herit anee of property as native born citizens SEC 19 the right of the people to be secure in their persons houses pa papers ers and effects against unreasonable able searches and seizures shall not be violated and no warrant shall issue but on probable cause supported by oath or affirmation particularly describing the place to be searched and the persons or things to be seized SEC 20 treason against tile the state shall consist only in levying war against it adhering to its enemies or living giving them aid and ana comfort and no person shall ahall be convicted of treason aroon unless on the testimony of 0 two witnesses to the same overt act or on confes confession in open court SEC 21 the right of citizens to keep and bear arms for common defense shall not be questioned SEC 22 21 the t blessings les sings of free government caa only be maintained by a firm adherence to justice mode moderation ration te temperance in frugality and virtue and by frequent recurrence to fundamental fanda men tat principles SEC 23 this enumeration of rights shall not be construed to impair or deny others retained by the people ARTICLE 11 II RIGHT OF SUFFRAGE SEC 1 every male citizen of the united states not laboring under the disabilities named in tais constitution of the age of twenty one years and over who li have ve resided in the state six months and in the county and voting precinct thirty days next preceding any election shall be entitled to vote for all officers that no now w are or hereafter may be elected by the people and upon all quest questions ians submitted to the electors at such election pi provided that no BO person who has been or way may be convicted of treason or felony in any state or territory of the united states or in any district over which w aich the united states has jurisdiction unless restored t to civil rights shall PI be e entitled to the privileges le 9 es of an e elector ector SEC 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 or public danger SEC 3 all elections by the people shall be by secret ballot SEC sac 4 provisions shall be made by law for the registration of the names of the electors within the counties and voting precincts of which they may be residents and for the ascertainment by roper proper proofs of the persons who shall be entitled to the right of suffrage ARTICLE UI III distribution OF POWERS SEC 1 the powers of the government of the state of utah shall be di divided X aided into three separate departments the legislative the executive and the judicial and neither of said departments shall exercise any functions appertaining to either of the others except in the cases herein expressly directed or permitted ARTICLE IV legislative department SEC 1 the legislative authority of this state shall be vested in a legislature which shall consist of a senate and house bouse of representatives and the sessions thereof shall be held beld at the seat of government SEC 2 the sessions of the legislature shall hallbe be biennial and except at the first session thereof shall commence on the second monday la in january next ensuing the election of members of the house of representatives unless the governor shall convene the legislature by proclamation SEC 3 the members of the house of representatives shall except at the first election be chosen biennially by the qualified electors of their respective districts at the general election and aad their term of office shall be two years from and including the first monday in december next succeeding their election SEC 4 the senators shall be chosen by the qualified electors of their respective spec tive districts at the same time and places as the members of the house of representatives and aad their term of office shall be four years from and including the first monday in december next succeeding their election except as otherwise provided in section it A of article of this constitution ution SEC 5 the first legislature shall consist of twelve senators and awen ty four representatives the number of senators and representatives may be increased but the senators shall never exceed thirty in num berand the number of representatives shall never be less than twice that of the senators the apportionment and increase of the members of both houses shall be as prescribed bylaw by law SEC 6 no person shall be a senator who shall not have attained the age of twenty five years nor shall any person be a senator or representative who shall not be a citizen of the united states and who except at the first election shall not have been two years a resident of this state and for six months next preceding his bis election a resident of the district in which he is elected no person holding any state office except officers of the state militia commissioners of deeds and notaries not aries public and no executive or judicial officer shall have a seat in the legislature SEC 7 the members of the legislature shall before entering upon their official duties take an oath or affirmation to support the constitution of the united states and of this state and faithfully to discharge the duties of their respective offices SEC 8 each house shall judge of the qualifications elections and returns of its own members may punish them for disorderly conduct condu bt and with the concurrence of two thirds of its whole number expel a member SEC 9 no member of the legislature shall during the term for which he shall have been elected be appod appointed n ted to any civil office of ef profit under this state which shall have been created or the emoluments of which shall have been increased during such term except such office pa as may be filled by election by the people SEC 10 members of the legislature in all cases except treason felony or breach of the peace shall be privileged from arrest durins during the session of the legislature and for fifteen days next before the commencement and after the termination and for any speech or debate in either house they s shall all not be questioned in any other place site 11 when a vacancy occurs in either house the governor shall order an election to fill such vacancy SEC 12 A majority of all the members elected to each house shall constitute a quorum to transact busi ness but a smaller number may adjourn from day to day and aad compel the attendance of absent members in such manner and under such penal penalties es as each house may prescribe SEC 13 each house shall establish ts its own rules keep a journal of its own proceedings and publish puD listi them except such parts pans as aa require secrecy and the yeas and nays of the mem members tiers of either house on any question quest ioa shall at the desire of any three members present be entered on the journal burnal SEC 14 the door of each house shall be kept open d tiring during its session except the senate while sitting in executive session and neither house lwi th out the consent of the other adjourn for more than three days nor to any other place lace than that in which it may b be e ho holding ding session SF SEC C 15 the enacting clause of every law shall be as follows be it enacted by the legislature of the state of utah SEC 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 shall not become a law without the concurrence of a majority of all the members elected to each bouse on the final I 1 passage of all bills the vote shall be by yeas and nays which shall be entered on the journal SEC 17 no law shall be revised or amended by reference to its title only I 1 but bat the act as revised or section as amended shall be enacted and published ii at length length SEC 18 all bills or joint reso resolutions resolution lutio us passed assed by the legislature shall be feigned signed by the presiding officers of the respective houses SEC sac 19 the legislature shall not grant an any y special privilege or bill of divorce nor authorize any lottery gift enterprise or argame game of chance SEC 20 no money shall be drawn from the treasury except as appropriated by law 4 SEC 21 provision shall be made by law for bringing suit against the state SEC 22 the first regular alar session of the legislature may extend to one hundred and twenty days but bat no subsequent regular session shall exceed sixty days nor any session convened by the governor exceed twenty days be bec 23 the members and officers of the legislature shall receive for their services a compensation to be fixed by la law w band and no increase of such compensation pensa tion shall take effect during th the term for the members and d officers of either house bouse shall have been elected SEC 24 21 every bill passed by the legislature shall be presented to ta 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 it if after such reconsideration it again pass both houses by a vote of two thirds at 0 the members elected to each ii b house ouse it shall become a law notwithstanding s t and g the governors objections if any bill shalliot shall not be returned within ten days after it shall have been presented to him sundays excepted exclusive of the day on which he received atthe it the same shall be law in J like ike manner maneer as if he be had signed it unless the legislature by its final adjournment prevent such return in which case it shall not become a law unless the governor within ten days after the adjournment journ ment shall file such bill with his approval thereof in the office of the secretary of state stale provided that every general appropriation bill shall be presented to the Lio governor vernor at least five days before the day of final adjournment journ ment and in case he vetoes the same in whole or in part he shall return it with his objections to the whole or to the separate items of which he may disapprove not less than two days before said final adjournment whereupon each house shall proceed to consider his objections to the whole or to the separate items of which he may disapprove and any item not receiving the necessary two thirds vote shall not become law ARTICLE V EXECUTIVE MENT SEC 1 the supreme executive power ot of this state shall be vested in a governor SEC 2 the governor shall be elected by the qualified electors at the time and places of voting for the members of the legislature and shall hold his office for the term of two years from and including the first monday in december next succeeding his election and until his successor shall be qualified SEC 3 8 no person shall be eligible to the office of of governor who is not a qualified elector and who at the time of such election has not attained the age of twenty five years and who except at the first election under this constitution shall not have been a citizen resident of this state for two years next preceding toe the election SEC 4 tue Gover governor shall be corn com mander in chief of the military forces of this state and may call out the same to execute the laws jaws suppress ansur and repel invasion and when the governor shall with the consent of the legislature leei slature be out of the lae state in time of war and at the head of any military mili tiry force thereof he shall continue commander iu iii chief of the military forces ot of the state sec sac 5 he shall transact all executive business for and in behalf of the state and may |