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This is a work in progress, so take it with a grain of salt. You might also be interested in my Guide to the Utah Legislature.
An early proposal that was not adopted. Return to main Utah Constitution page.
We, the people of the Territory of Utah, do ordain as follows, and this ordinance shall be irrevocable without the consent of the United States and the people of the State of Deseret.
FIRST. That we adopt the Constitution of the United States.
SECOND. That there shall be in this State neither slavery nor involuntary servitude otherwise than in the punishment of crimes whereof the party shall have been duly convicted.
THIRD. That perfect toleration of religion shall be secured, and no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship.
FOURTH. That the people inhabiting said Territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said Territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that lands belonging to citizens of the United States residing without the said State shall never be taxed higher than the land belonging to residents thereof, and that no taxes shall be imposed by said State on lands or property therein, belonging to, or which may hereafter be purchased by, the United States.
FIFTH. That such terms, if any, as may be prescribed by Congress as a condition of the admission of the said State into the Union, shall, if ratified by a majority vote of the people thereof, at such time and under such regulations as may be prescribed by this Constitution-thereupon be embraced within, and constitute a part of, this ordinance.
We, the People of the State of Deseret, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this CONSTITUTION.
Section 1. In Republican Governments all men should possess their natural rights, among which are those of enjoying and defending their lives and liberty, acquiring, possessing and protecting property, and of seeking and obtaining their safety and happiness.
Section 2. All political power is inherent in the people, and all free governments are founded in their authority, and instituted for their benefit; therefore they have an inalienable right to institute government, and to alter, reform, or change the same, when their safety, happiness, and the public good require it. But the paramount allegiance of every citizen is due to the Federal Government, in the exercise of all its Constitutional powers.
Section 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict it shall stand and have the same force and effect as a verdict by the whole jury; provided, the Legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict, notwithstanding this provision.
Section 4. The free exercise and enjoyment of religious profession and worship, shall, without discrimination or preference, forever be allowed in this State; and no person shall be rendered incompetent to be a witness or juror on account of opinions on matters of religion; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or other crimes, or justify practices inconsistent with the peace or safety of this State.
Section 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 its suspension.
Section 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
Section 7. All persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great.
Section 8. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service, and the land and naval forces in time of war, and in cases of petit larceny, under the regulation of the Legislature,) except on presentment or indictment of a grand jury; provided that the Legislature may, by a two-thirds vote of all the members elected to each House thereof, abolish the grand jury system, anything in this Section to the contrary notwithstanding; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a 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 just compensation having been first made or secured, except in cases of war, riot, fire or great public peril, in which case compensation shall be afterward made.
Section 9. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions, and civil actions for libels, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted or exonerated.
Section 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their Representatives, and to petition for redress of grievances.
Section 11. The military shall be subordinate to the civil power, and no standing army shall be maintained by this State in time of peace.
Section 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.
Section 13. Representation shall be apportioned according to population.
Section 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel or slander, and no person shall be imprisoned for a militia fine in time of peace.
Section 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.
Section 16. Foreigners who are, or who may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native-born e citizens.
Section 17. Neither slavery nor involuntary servitude unless for the punishment of crimes, shall ever be tolerated in this State.
Section 18. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.
Section 19. Treason against the State shall consist only in levying war against it, adhering to its enemies or giving them aid and comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Section 20. The right of citizens to keep and bear arms, for common defence, shall not be questioned.
Section 21. No religious test shall ever be required as a qualification for holding any office of honor, trust or profit under this State.
Section 22. This enumeration of rights shall not be construed to impair or deny others retained by the people.
Section 1. Every citizen of the United States, male and female, (not laboring under the disabilities named in this Constitution) of the age of twenty-one years and over, who shall have resided in the State six months, and in the county thirty days next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony, in any State or Territory of the United States, unless restored to civil rights, and no idiot or insane person shall be entitled to the privilege of an elector.
Section 2. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms house or other asylum, nor while confined in any public prison.
Section 3. During the day on which any general election shall be held, no qualified elector shall be arrested by virtue of any civil process; and no elector shall be obliged to perform military duty on the day of such election, except in time of war or public danger.
Section 4. All elections by the people shall be by ballot, and all elections by the Legislature, or by either branch thereof, shall be viva voce.
Section 5. Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary, as a test of electoral qualification.
Section 6. All persons qualified by law to vote for representatives to the Legislative Assembly of the Territory of Utah at the date of the submission of this Constitution, shall be entitled to vote upon the question of adopting or rejecting the same.
Section 1. The powers of the Government of the State of Deseret shall be divided into three separate departments the Legislative, the Executive and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.
Section 1. The Legislative authority of this State shall be vested in a Legislature, which shall consist of a Senate and House of Representatives, and the sessions thereof shall be held at the seat of Government.
Section 2. The sessions of the Legislature shall be biennial and, except at the first session thereof, shall commence on the second Monday in January next, ensuing the election of members of the House of Representatives, unless the Governor shall convene the Legislature by proclamation.
Section 3. The members of the House of Representatives shall, except at the first election, be chosen biennially, by the qualified electors of their respective counties, or districts, on the first Monday in August, and their term of office shall be two years from the day next after their election.
Section 4. The Senators shall be chosen at the same time and places as the members of the House of Representatives, by the qualified electors of their respective counties or districts, and their term of office shall be four years from the day next after their election; provided however, that the Senators elect at the first session of the Legislature, shall be divided equally into two classes as nearly as may be, and the seats of Senators of the first class shall be vacated at the expiration of two years, those of the second class at the expiration of four years, so that one half as nearly as possible shall be chosen biennially thereafter. And in case of increase in the number of Senators, they shall be so annexed by lot to one or the other of the two classes, as to keep them as equal as practicable.
Section 5. The first Legislature shall consist of thirteen Senators and twenty-six Representatives, and shall be apportioned as prescribed by law. The number of Senators and Representatives may be increased from time to time, provided the number of Representatives shall never be less than twice that of the Senators, and provided further, that the Senators shall never exceed thirty in number. The apportionment of the members of both houses shall be as prescribed by law.
Section 6. No person shall be a Senator who shall not have attained. the age of twenty-five years or a Representative who shall not have attained the age of twenty-one years. No person shall 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 one year next preceding his election a resident of the county or district in which he is elected. No person holding any office of profit or trust under authority of the United States, or of this State, shall have a seat in the Legislature; provided, that appointments in the State militia, and the offices of notary public, justice of the peace, United States commissioner, commissioner of deeds, and postmaster, whose annual compensation does not exceed five hundred dollars, shall not within the meaning of this section, be considered offices of profit or trust.
Section 7. The members of the Legislature, shall before entering upon their official duties, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Deseret, and will faithfully discharge the duties of Senator (or Representative,) according to the best of my ability," (if an oath) "So help me God!" (if an affirmation,) "under the pains and penalties of perjury."
Section 8. Each House shall judge of the qualifications, elections and returns of its own members, and may punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member.
Section 9. No Member of the Legislature shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such office as may be filled by elections by the people.
Section 10. Members of the Legislature shall be privileged from arrest on civil process during the session thereof, and for fifteen days next before the commencement of each session.
Section 11. When a vacancy occurs in either House, the Governor shall order an election to fill such vacancy.
Section 12. A majority of all the members elected to each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
Section 13. Each House shall keep a journal of its own proceedings, which shall be published, and the yeas and nays of the members of either House on any question shall, at the desire of any five members present, be entered on the journal.
Section 14. The door of each House shall be kept open during its session, except the Senate while sitting in executive session; and neither shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be holding their session.
Section 15. Any bill may originate in either House of the Legislature, and all bills passed by one may be amended or rejected by the other.
Section 16. Each law enacted by the Legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be revised or amended by reference to its title only; but, in such case, the Act as revised, or section as amended, shall be re-enacted and published at length.
Section 17. A majority of all the members elected to each House shall be necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed shall be signed by the presiding officers of the respective houses.
Section 18. No money shall be drawn from the Treasury except as appropriated by law.
Section 19. In all cases where a general law can be made applicable, the laws shall be general and of uniform operation, and provision shall be made by law for bringing suit against the State.
Section 20. The enacting clause of every law shall be as follows: "Be it enacted by the Legislature of the State of Deseret," and no law shall be enacted except by bill.
Section 21. The Legislature may establish a uniform system of county and township government.
Section 22. The first regular session of the Legislature, may extend to ninety days, but no subsequent regular session shall exceed sixty days, nor shall any session convened by the Governor exceed twenty days.
Section 23. The members and officers of the Legislature shall receive for their services, a compensation to be fixed by law, 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.
Section 24. Every 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, after such reconsideration, it again pass both houses, by a vote of two-thirds of the members elected to each house, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within five days after it shall have been presented to him, (Sunday excepted), exclusive of the day on which he received it, the same shall be a law in like manner as if he 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 five days after adjournment, shall file such bill with his approval thereof in the office of the Secretary of State.
Section 25. At all elections for Representatives each qualified elector may cast as many votes for one candidate as there are Representatives to be elected in the county or district, or may distribute the same among any or all of the candidates, and the candidates receiving the highest number of votes shall be declared elected.
Section 1. The supreme executive power of the State shall be vested in a Governor.
Section 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, and until his successor shall be qualified.
Section 3. No person shall be eligible to the office 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 preceeding the election.
Section 4. The returns of every election for Governor and other State officers voted for at the general election, shall be sealed up and transmitted to the seat of Government, directed to the Secretary of State, and on the third Monday of September, next succeeding such election, the Chief Justice of the Supreme Court, and the Associate-Justices, or a majority thereof, shall meet at the office of the Secretary of State, and open and canvass the election returns for Governor, and all other State officers, and forthwith declare and publish the result, and notify the officers elect of their election. The persons having the highest number of votes for the respective offices shall be declared elected; but in case two or more have an equal, and the highest number of votes for the same office, the Legislature, shall by joint vote of both houses, elect one of said persons to said office.
Section 5. The Governor shall be Commander-in-Chief of the military forces of this State, and may call out the same to execute the laws, suppress insurrection and repel invasion; and when the Governor shall, with the consent of the Legislature, be out of the State in time of war, and at the head of any military force thereof, he shall continue Commander-in-Chief of the military forces of the State.
Section 6. He shall transact all executive business with the officers of the Government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.
Section 7. When any office shall from any cause become vacant, and no mode is prescribed by the Constitution or laws for filling such vacancy, the Governor shall have power to fill such vacancy by appointment, which shall expire when such vacancy shall be filled by due course of law.
Section 8. He shall see that the laws are faithfully executed.
Section 9. The Governor may, on extraordinary occasions convene the Legislature by proclamation, and shall state to both houses when organized the purpose for which they have been convened.
Section 10. 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.
Section 11. In case of a disagreement between the two houses with respect to the time of adjournment, the Governor may, on the same being certified to him by the house first moving the adjournment, adjourn the Legislature by proclamation to such time as he thinks proper; not beyond the first day of the next regular session.
Section 12. The Governor shall have power to grant reprieves, commutations and pardons, after conviction, of all offences except impeachment, subject to such regulations as may be provided by law.
Section 13. A Lieutenant-Governor shall be elected at the same time and places and in the same manner as the Governor, and his term of office and his 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 upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease; and in case of the disability of both the Governor and Lieutenant-Governor, the powers and duties of the Executive shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled.
Section 14. A Secretary of State, a Treasurer, an Auditor of Public Accounts, a Surveyor-General, a Superintendent of Public Instruction, and an Attorney-General shall be elected at the same time and places, and in the same manner as the Governor; the term of office of each shall be the same as is prescribed for the Governor. Any elector shall be eligible to any of said offices, except the Secretary of State, whose qualifications shall be the same as those of the Governor.
Section 15. There shall be a Seal of the State, which shall be called the "Great Seal of the State of Deseret," which shall be kept by the Secretary of State.
Section 16. All grants and commissions shall be in the name and by the authority of the State of Deseret, and shall be signed by the Governor, and countersigned by the Secretary of State, who shall affix the Great Seal of State thereto.
Section 17. The Secretary of State shall be the custodian of the official acts of the Legislature, and shall keep a true record of the proceedings of the executive department of the Government, and shall, when required, lay the same and all matters relative thereto, before either branch of the Legislature.
Section 18. The Governor, Secretary of State, and the Attorney-General shall constitute a Board of State Prison Commissioners, which board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall also constitute a Board of Examiners, with power to examine all claims against the State, (except salaries or compensation of officers fixed by law,) and perform such other duties as may be prescribed by law.
Section 19. The Secretary of State, State Treasurer, Auditor of Public Accounts, Surveyor-General, Superintendent of Public Instruction and Attorney-General shall perform such other duties as may be prescribed by law.
Section 1. The Judicial power of this State shall be vested in a Supreme Court, Circuit Courts, Probate Courts, Municipal Courts of incorporated cities, and in Justices of the Peace.
Section 2. At the first general election, there shall be elected, by the qualified electors of this State, four Circuit Judges, who shall continue in office two, four, six and eight years respectively, from and including the first Monday in January, next succeeding their election, and until their successors are elected and qualified. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot the term of office each shall fill, and the circuit in which each shall travel; and thereafter whenever vacancies occur the same shall be filled at the general election; provided, that the Legislature may provide by law that the Judges shall alternate in the various circuits.
Section 3. The Circuit Judges shall, until otherwise provided by law, constitute the Supreme Court. When a case is appealed from the decision of a Circuit Court, the Judge thereof shall not sit for the hearing of that case as a Justice of the Supreme Court; but said case shall be heard and determined by the other three, and the concurrence of two of them shall be necessary to render a decision; the Legislature at any time, shall have power to increase the number of circuits in this State, and provide for the election of Judges to fill them, and also to re-organize the Supreme Court and provide for the election and tenure of office of the justices thereof, who shall not be required to perform the duties of Circuit Judges.
Section 4. The Supreme Court, whenever it shall be organized, as provided for in section three, shall consist of a Chief Justice and two Associate Justices, a majority of whom shall constitute a quorum. The Legislature, by a majority of all the members elected to each branch thereof, may provide for the election of two additional Associate Justices, and if so increased, three shall constitute a quorum. The concurrence of a majority of the whole Court shall be necessary to render a decision.
Section 5. For the purpose of organizing the Supreme Court, as contemplated in section three, the Circuit Judges shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine, by lot, the term of office each shall fill, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the senior Justice in commission shall be Chief Justice. And in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice.
Section 6. The State shall be divided into four judicial circuits; the first to be composed of the Counties of Washington, Kane, Iron, Beaver, Piute, Sevier, Millard and Sanpete; the second, of the Counties of Juab, Utah, Tooele, Wasatch and Summit; the third, of the Counties of Salt Lake, Davis, and Weber; the fourth, of the Counties of Box Elder, Cache, Rich and Morgan; and the Legislature may provide by law for an alteration of the boundaries of the judicial circuits, as herein prescribed, and for the election of the Judges therein by the qualified electors of the respective circuits.
Section 7. The Supreme Court shall have appellate jurisdiction in all cases of quo warranto, mandamus, prohibition, certiorari and habeas corpus, and in all civil cases, both in law and equity, where the amount in controversy exceeds three hundred dollars; and in all criminal cases where the fine exceeds fifty dollars or the imprisonment is sixty days or upwards; and in all cases in which is involved the title or right of possession to, or the possession of real estate or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine. The court shall also have power to issue all writs necessary or proper to the complete exercise of its appellate jurisdiction; and each of the Justices shall have power to issue writs of habeas corpus to any part of the State upon petition by, or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court.
Section 8. There shall be a Probate Judge elected by the qualified electors of each County at the general election, whose term of office shall be four years, and until his successor is elected and qualified.
Section 9. The Legislature shall determine the number of Justices of the Peace to be elected in each precinct of the State, and fix by law their term of office, their duties and responsibilities.
Section 10. The jurisdiction, both original and appellate, of the circuit and all inferior courts, shall be as prescribed by law.
Section 11. The Judges of the Supreme and Circuit Courts shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected.
Section 12. No person shall be eligible to the office of Supreme or Circuit Judge, who is not a citizen of the United States, and has not attained to the age of twenty-five years, and who, except at the first election, has not been a resident of this State at least two years next preceding his election.
Section 13. The Judges of the Supreme and Circuit Courts shall each receive quarterly for their services, a compensation to be fixed by law, which shall not be increased or diminished during the term for which they shall have been elected.
Section 14. There shall be one or more terms of the Circuit Courts held annually at the county seat in each county, at such times as shall be provided by law, and there shall be not less than two terms of the Supreme Court held annually, at the seat of Government.
Section 15. The style of all process shall be "The State of Deseret," and all prosecutions shall be conducted in the name and by the authority of the same.
Section 1. The House of Representatives shall have the sole power of impeachment, and a majority of all the members elected must concur therein. All impeachments shall be tried by the Senate, and when sitting as a court of impeachment, the Senators shall be upon oath or affirmation to do justice according to law and evidence. When the Governor or Lieutenant-Governor is tried, the Chief Justice of the Supreme Court shall preside.
Section 2. No person shall be convicted without the concurrence of two-thirds of all the Senators elected. But judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust or profit, under the government of this State.
Section 3. When an impeachment is directed, the House of Representatives shall elect from their own body, three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the Legislature, when the Senate shall proceed to try the same.
Section 4. The party, whether convicted or acquitted, shall nevertheless be liable to prosecution, trial, judgment and punishment according to law.
Section 5. In all impeachment trials the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf.
Section 6. All civil officers shall be liable to impeachment for corrupt conduct in office, or for crimes or misdemeanors.
Section 7. No judicial officer shall exercise his office after an impeachment is directed until he is acquitted.
Section 8. The Governor may make a provisional appointment to fill a vacancy occasioned by the suspension of such officer until he shall be acquitted, or until the election and qualification of a successor.
Section 9. The Legislature shall provide by law for the removal of any officer elected by a county, township, mining or school district in such manner and for such cause as to them shall be deemed just and proper.
Section 1. The Legislature shall pass no special Act in any manner relating to corporate powers, except for municipal purposes.
Section 2. The Legislature shall provide for the organization of cities and towns, and other corporations by general laws, and restrict their powers of taxation, assessment, borrowing money, contracting debts, and loaning their credit, except for procuring supplies of water and assisting in the construction of railroads.
Section 3. All real property, and possessory rights to the same, as well as personal property in this State, belonging to corporations now existing, or hereafter created, shall be subject to taxation, the same as property of individuals: provided, that the property of corporations formed for municipal, charitable, religious or educational purposes, may be exempted by law.
Section 4. Dues from corporations shall be secured by such means as may be prescribed by law; Provided, that corporators in corporations formed under the laws of this State, shall not be individually liable for the debts or liabilities of such corporation, unless by their Articles of Incorporation they may so elect.
Section 5. This State shall not donate or loan money on its credit, subscribe to, or be interested in the stock of any company, association or corporation, except corporations formed for educational, charitable, irrigation or railroad purposes within this State.
Section 1. The fiscal year shall commence January first.
Section 2. The Legislature shall provide by law for an annual tax, sufficient to defray the estimated expenses of the State for each fiscal year; and whenever the expenses of any year shall exceed the income, the Legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year or two years.
Section 3. The State shall never assume or guarantee the debts of any county, town, city, or other corporation whatever, unless such debts may have been created to repel invasion, suppress insurrection or to pro vide for the public defense.
Section 1. The Legislature shall by law provide for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real personal and possessory, except mines and mining claims, the proceeds of which shall be taxed as regulated by law; and also, excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious or charitable purposes.
Section 1. The Legislature shall protect and encourage education.
Section 2. All legislation in regard to education shall be impartial, guaranteeing to males and females, to citizens and foreigners, and to persons of all races, colors and religions, equal rights and privileges.
Section 1. The Militia of the State shall be composed of all able bodied male citizens between the ages of eighteen and forty-five years, except such as are, or may hereafter be, exempt by the laws of the United States, or of this State, and shall be organized, armed, equipped and trained, as the Legislature may provide by law.
Section 2. All commissioned officers of the Militia, (staff officers excepted,) shall be elected by persons liable to military duty, in such manner as the Legislature may provide, and shall be commissioned by the Governor.
Section 1. Institutions for the benefit of the insane, blind, deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State; subject to such regulations as may be prescribed by law.
Section 2. A state prison shall be established and maintained in such manner as may be prescribed by law, and provisions may be made by law for the establishment and maintenance of a house of refuge for juvenile offenders.
Section 3. The respective counties of the State shall provide, as may be prescribed by law for those inhabitants who, by reason of age and infirmity, or misfortunes may have claim upon the sympathy and aid of society.
Section 1. The boundary of the State of Deseret shall be as follows: Commencing at a point formed by the intersection of the thirty-second degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the intersection of the same with the thirty-seventh degree of longitude west from Washington; thence due north along said thirty-seventh degree of west longitude to the intersection of the same with the forty-second degree of north latitude; thence due east along said forty-second degree of north latitude to the intersection of the same with the thirty-fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of west longitude to the intersection of the same with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to the intersection of the same with the thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree of west longitude to the place of beginning; And whenever Congress shall authorize the addition to the Territory of Utah or State of Deseret of any portion of the Territory on the northerly or southerly borders of the foregoing defined limits, the same shall thereupon be embraced within and become a part of this State.
Section 1. The seat of Government shall be at Salt Lake City, or such place as the Legislature may determine.
Section 2. No person shall be eligible to any office who is not a qualified elector.
Section 3. The general election shall be held on the first Monday in August of each year, unless otherwise provided by law.
Section 4. The Legislature shall provide for the speedy publication of all laws of a general nature.
Section 5. The compensation of all State officers shall be as prescribed by law; provided, no change of salary or compensation shall apply to any officer during the term for which he may have been elected.
Section 6. All executive officers of the State shall keep their respective offices at the seat of government.
Section 7. A plurality of votes given at an election by the people shall constitute a choice, where not otherwise provided by this Constitution.
Section 8. No person holding any office of honor or profit, under the government of the United States, shall hold office under the government of this State, except postmasters whose annual compensation does not exceed five hundred dollars, and except as otherwise provided in this constitution.
Section 1. Any amendment or amendments to this constitution, if agreed to by a majority of all the members elected to each of the two houses of the Legislature, shall be entered on their respective journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become a part of the constitution.
Section 2. If, at any time, the Legislature, by a vote of two-thirds of the members elected to each house, shall determine that it is necessary to cause a revision of this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of electors voting at such election shall have voted in favor of calling a Convention, the Legislature shall, at its next session, provide by law for calling a Convention, to be holden within six months after the passage of such law; and such Convention shall consist of a number of members not less than that of the two branches of the Legislature.
Section 1. That no inconvenience may arise by reason of a change from a Territorial to a State government, it is declared that all rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, including counties, towns and cities, shall continue as if no change had taken place: and all process which may issue under the authority of the Territory of Utah previous to its admission into the Union, shall be as valid as if issued in the name of the State of Deseret.
Section 2. All laws of the Territory of Utah, in force at the time of the admission of this State, not repugnant to this Constitution, shall re main in force until they expire by their own limitations, or be altered or repealed by the Legislature.
Section 3. All fines, penalties and forfeitures accruing to the Territory of Utah, or to the people of the United States in the Territory of Utah shall inure to the State of Deseret.
Section 4. All recognizances heretofore taken, or which may 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 Governor of the Territory, or to any other officer or court in his or their official capacity, or to the people of the United States in the Territory of Utah, shall pass to the Governor or other officer or court, and his or their successors in office, for the uses therein respectively expressed, and may be sued on, and recovery had accordingly; and all revenue, property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, claims and debts, of whatsoever description, and all records and public archives of the Territory of Utah, shall issue and vest in the State of Deseret, and may be sued for and recovered in the same manner, and to the same extent, by the State of Deseret, as the same could have been by the Territory of Utah. 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 then be pending, shall be prosecuted to judgment and execution in the name of the State. All offenses com mitted against the laws of the Territory of Utah before the change from a Territorial to a 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 Deseret, 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, and other legal proceedings which may be pending in any of the courts of the Territory of Utah at the time of the change from a Territorial to a State government, may be continued and transferred to, and determined by any court of the State which shall have jurisdiction of the subject matter thereof; and all books, papers and records relating to the same shall be transferred in like manner to such court.
Section 5. For the purpose of taking the vote of the electors of this Territory, for the ratification or rejection of this Constitution, and for the election of Members of the Legislature, and a Representative in Congress, an election shall be held in the several counties of the Territory, on the third Monday in March, A. D. eighteen hundred and seventy-two, and the election shall be conducted and the returns thereof made as nearly as practicable in conformity with the existing laws of the Territory, in relation to the holding of the general election, except that in voting for members of the House of Representatives, the electors may cast their ballots in accordance with Section twenty-five, of Article IV of the Constitution.
Section 6. Each elector shall express his opinion by depositing in the ballot box a ticket, whereon shall be written, or printed, "Constitution, yes," or, "Constitution, no," or such words as will distinctly convey the intention of the voter.
Section 7. The county clerks of their respective counties shall issue to the members of the State Legislature, certificates of their election, and said clerk shall forthwith make duplicate returns of the votes cast for and against the Constitution, and the votes cast for Representative in Congress, and transmit the same by the most safe and expeditious conveyance, to R. L. Campbell, the Secretary of this Convention, inclosed in an envelope, marked "Election Returns."
Section 8. Upon receipt of said returns, or within fourteen days after the elections, if the returns be not sooner received, it shall be the duty pf a Board of Canvassers, to consist of the President and Secretary of this Convention, and the Probate Judge of Salt Lake County, or any two of the persons herein named, to canvass the returns of said election in presence of all who may choose to attend, and immediately publish an abstract of the same in one or more of the newspapers of the Territory of Utah, and forward a copy of said abstract, duly certified by them to the President of the United States, President of the Senate, Speaker of the House of Representatives, and the Delegate in Congress from Utah Territory, and said Board shall, after the adoption of this Constitution, and canvass of said votes, issue a certificate of election to the person receiving thereat the highest number of votes for Representative in Congress.
Section 9. Until otherwise provided by law the apportionment of Senators and Representatives in the different counties shall be as follows: Salt Lake, Tooele and Summit Counties four Senators, Salt Lake County six Representatives, Tooele County one Representative, Summit County one Representative; Davis and Morgan Counties one Senator and two Representatives; Box Elder and Weber Counties one Senator, Box Elder County one Representative, Weber County two Representatives; Cache and Rich Counties one Senator and two Representatives; Utah and Wasatch Counties two Senators, Utah County three Representatives, Wasatch County one Representative; Juab and Millard Counties one Senator, Juab county, one Representative, Millard County one Representative; Beaver and Iron Counties one Senator, Beaver County one Representative, Iron County one Representative; Kane and Washington counties, one Senator and one Representative; Sanpete and Sevier Counties one Senator and two Representatives.
Section 10. If this Constitution be ratified by the people the President of this Convention, or in case of his inability, the Secretary of this Convention shall convene the Legislature at the City Hall in Salt Lake City on the first Thursday of April, 1872, for the purpose of electing United States Senators.
Section 11. A copy of this Constitution certified to be correct by the President and Secretary of this Convention, shall be published by them in one or more of the newspapers of this Territory as soon as practicable after the final adjournment of this Convention. Such President and Secretary shall forward a copy of this Constitution duly certified to the President of the United States, President of the Senate, Speaker of the House of Representatives, and the delegate in Congress from this Territory, and shall deliver or forward a copy, certified as aforesaid to each of the delegates elected by this Convention, in accordance with Section twenty-four of this Article.
Section 12. For the purpose of taking the vote of the electors of this Territory, for the acceptance or rejection of such terms, if any, as may be prescribed by Congress as a condition of the admission of said State int the Union, and for the election of all State officers and Judges of the Circuit Courts, an election shall be held in the several counties of the Territory on the third Monday of the month succeeding that in which such Act of Congress aforesaid, prescribing such terms shall have become a law; and the election shall be conducted and the returns thereof made as nearly as practicable, in conformity with the existing laws of the Territory in relation to the holding of the general election.
Section 13. Each elector shall express his opinion by depositing in the ballot box a ticket whereon shall be written or printed, "Constitution a amended, Yes;" or, "Constitution as amended, No;" or such words as will distinctly convey the intention of the voter.
Section 14. The county clerks of their respective counties shall forthwith make duplicate returns of the votes cast for and against the Constitution as amended, and the votes cast for all State officers and Circuit Judges, and transmit the same by the most safe and expeditious conveyance, to R. L. Campbell, the Secretary of this Convention, inclosed in an envelope, marked "Election Returns."
Section 15. Upon receipt of said returns or within thirty days after the election, if the returns be not sooner received, it shall be the duty of a Board of Canvassers, to consist of the President and Secretary of this Convention, the President of the State Senate, the Speaker of the House of Representatives and the Probate Judge of Salt Lake County, or any three of the persons herein named, to canvass the returns of said election in presence of all who may choose to attend, and immediately publish an abstract of the same in one or more of the newspapers of the Territory of Utah; and said Board shall, if said Constitution as amended has received a majority vote of the electors voting upon the question of the acceptance or rejection of the same, thereupon make public announcement of the fact, and transmit a certificate thereof by the most safe and expeditious conveyance to the President of the United States, President of the Senate and Speaker of the House of Representatives, at Washington, D C., and also issue certificates of election to such persons as were elected at said election, and thenceforth this Constitution shall be ordained and established as the Constitution of the State of Deseret.
Section 16. The term of State officers, except judicial, elected at the first election, shall continue until the Tuesday after the first Monday o January, A. D. eighteen hundred and seventy-five, and until the election and qualification of their successors.
Section 17. The State Senators to be elected at the first election under this Constitution shall draw lots, so that the term of one half of the number, as nearly as may be, shall expire on the day succeeding the general election in A. D. eighteen hundred and seventy-four, and the term of the other I half shall expire on the day succeeding the general election in A. D. eighteen hundred and seventy-six; provided, that in drawing lots for all Senatorial terms, the Senatorial representation shall be allotted so that in the counties having two or more Senators, the terms thereof shall be divided, as equally as may be, between the long and short terms.
Section 18. The term of members of the House of Representatives elected at the first election shall expire on the day succeeding the general election in A. D. eighteen hundred and seventy-four.
Section 19. The first regular session of the Legislature shall commence on the third Monday of the month succeeding that in which said State shall be, by act of Congress, or by proclamation of the President of the United States, made in pursuance of an act of Congress, admitted into the Union.
Section 20. The State officers and Circuit Judges elected at the first election shall be sworn in and assume the duties of their respective offices on the third Monday of the month succeeding that in which said State shall by act of Congress, or by proclamation of the President of the United States, made in pursuance of an act of Congress, be admitted into the Union.
Section 21. The Governor, Secretary, District Judges, and other officers of the Territory of Utah may continue to discharge the duties of their respective offices after the admission of this State into the Union, and until the time designated for the qualification of the officers, to be elected under the State Government; provided, that the said officers shall be subject to the restrictions and conditions provided in this Constitution, and none of them shall receive to his own use, any fees or perquisites for the performance of any duty connected with his office.
Section 22. All county, precinct, city and district officers under the laws of the Territory of Utah, at the time this Constitution shall take effect, and whose offices are not inconsistent with the provisions of this Constitution, shall continue in office until their successors are elected and qualified. The time of such election and qualification shall be as prescribed by law.
Section 23. After the admission of this State into the Union, and until the Legislature shall otherwise provide, the several Judges shall hold Courts in their respective Circuits at such times and places as they may respectively appoint, and until provisions shall be made by law for holding the terms of the Supreme Court, the Governor shall fix the time and place of holding such Court.
Section 24. George Q. Cannon, Thomas Fitch and Frank Fuller are hereby elected delegates from this Convention, to proceed to Washington, D. C., and with the Delegate in Congress from Utah Territory, the Hon. W. H. Hooper, are requested to present this Constitution to the President of the United States, the Senate of the United States, and the United States House of Representatives, and urge the passage of an Act of Congress admitting the State of Deseret into the Union.
Done in Convention, at, Salt Lake City, the second day of March, in the year of our Lord one thousand eight hundred and seventy-two, and the Independence of the United States the ninety-sixth, and signed by the Delegates.
