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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.
Preamble. We, the people of Utah, 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
Section 1. All men are possessed of equal and inalienable natural rights, among which are life, liberty and the pursuit of happiness.
Section 2. All free governments are founded on the authority of the people, and instituted for their equal protection and benefit.
Section 3. There shall be no union of church and state, nor shall any church dominate the state.
Section 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 shall any control of, or interference with the rights of conscience be permitted. No religious test or property qualification shall be required for any office of public 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.
Section 5. The right of trial by jury shall remain forever inviolate; but the legislature may provide that in civil actions five-sixths of a jury may render a verdict; and that in inferior courts a number less than twelve may constitute a jury.
Section 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.
Section 7. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained, nor confined in any room where criminals are actually imprisoned.
Section 8. All persons shall be bailable by sufficient sureties; unless for capital offense, when the proof is evident or the presumption great.
Section 9. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment 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 offense be twice put in jeopardy; nor 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 or damaged for public use without just compensation.
Section 10. In all criminal prosecutions the accused shall 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 obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Section 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 the redress of grievances.
Section 12. The military shall be subordinate to the civil power.
Section 13. 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 prescribed by law, and no standing army shall be maintained by this state in time of peace.
Section 14. Representation shall be apportioned according to population.
Section 15. There shall be no imprisonment for debt, except in cases of fraud.
Section 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed.
Section 17. All laws of a general nature shall have a uniform operation.
Section 18. Foreigners who are, or who may hereafter become, bona fide residents of this state, shall have the same rights in respect to the possession, enjoyment, transmission and inheritance of property as native born citizens.
Section 19. 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, supported by oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized.
Section 20. 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 21. The right of citizens to keep and bear arms for common defense, shall not be questioned.
Section 22. The blessings of free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
Section 23. This enumeration of rights shall not be construed to impair or deny others retained by the people.
Section 1. Every male citizen of the United States, 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 and voting precinct 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, or in any district over which the United States has jurisdiction, unless restored to civil rights, shall be entitled to the privileges of an elector.
Section 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.
Section 3. All elections by the people shall be by secret ballot.
Section 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 proper proofs, of the persons who shall be entitled to the right of suffrage.
Section 1. The powers of the government of the state of Utah shall be divided 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.
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 districts, at the general election, and their term of office shall be two years from and including the first Monday in December next succeeding their election.
Section 4. The senators shall be chosen by the qualified electors of their respective districts, at the same time and places as the members of the house of representatives, and 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 10 of Article XVII of this constitution.
Section 5. The first legislature shall consist of twelve senators and twenty-four representatives; the number of senators and representatives may be increased, but the senators shall never exceed thirty in number, and 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 by law.
Section 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 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 public, and no executive or judicial officer shall have a seat in the legislature.
Section 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.
Section 8. Each house shall judge of the qualifications, elections, and returns of its own members, may punish them for disorderly conduct, and with the concurrence of two-thirds of its whole number, 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 election by the people.
Section 10. Members of the legislature, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the legislature, and for fifteen days next before the commencement and after the termination thereof; and for any speech or debate in either house they shall not be questioned in any other place.
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 establish its own rules, keep a journal of its own proceedings, and publish them, except such parts as require secrecy, and the yeas and nays of the members of either house, on any question shall, at the desire of any three 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 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.
Section 15. The enacting clause of every law shall be as follows: "Be it enacted by the Legislature of the State of Utah."
Section 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 house. On the final passage of all bills the vote shall be by yeas and nays, which shall be entered on the journal.
Section 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.
Section 18. All bills or joint resolutions passed by the legislature shall be signed by the presiding officers of the respective houses.
Section 19. The legislature shall not grant any special privilege or bill of divorce, nor authorize any lottery, gift enterprise or game of chance.
Section 20. No money shall be drawn from the treasury except as appropriated by law.
Section 21. Provision shall be made by law for bringing suit against the state.
Section 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.
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 ten days after it shall have been presented to him, Sundays excepted, exclusive of the day on which he received it, the same shall be 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 ten days after the adjournment, shall file such bill, with his approval thereof, in the office of the secretary of state; Provided, That every general appropriation bill shall be presented to the governor at least five days before the day of final adjournment, 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.
Section 1. The supreme executive power of this 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 from and including the first Monday in December next succeeding his election, 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 preceding the election.
Section 4. 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 5. He shall transact all executive business for and in behalf of the state, 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 6. 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 7. He shall see that the laws are faithfully executed.
Section 8. 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 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.
Section 10. The governor shall have power to grant reprieves, commutations and pardons, after conviction, of all offenses except impeachment, subject to such restrictions and regulations as are named in this constitution or as may be provided by law.
Section 11. 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 12. A secretary of state, a treasurer, an auditor, a surveyor-general, 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 who, except at the first election, shall have resided in this state two years next preceding such election, 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 13. There shall be a seal of the state, kept by the secretary of state which shall be called the "Great Seal of the State of Utah."
Section 14. All grants and commissions shall be in the name and by the authority of the state of Utah, and shall be signed by the governor, and countersigned by the secretary of state, who shall affix the great seal of the state thereto.
Section 15. 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 other matters relative thereto before either branch of the legislature.
Section 16. The secretary of state, treasurer, auditor, surveyor-general, and attorney-general shall perform such other duties as may be prescribed by law.
Section 17. The governor shall not, during the term for which he is elected and qualified, be elected to the senate of the United States.
Section 1. The judicial power of this state shall be vested in a supreme court, circuit courts, and such inferior courts as shall be established, and whose jurisdiction shall be determined by law.
Section 2. The supreme court shall consist of a chief justice and two associate justices, a majority of whom shall constitute a quorum.
Section 3. The justices of the supreme court shall be elected by the qualified electors of the state at the general election, and except as otherwise provided in Section 12 of Article XVII of this constitution shall hold office for the term of six years from and including the first Monday in December next succeeding their election, and until their successors are qualified; the senior justice in commission shall be chief justice, and in case the commissions of any two or more of said justices shall bear the same date, they shall determine by lot who shall be chief justice.
Section 4. The supreme court shall have appellate jurisdiction in all cases arising under the laws of the state, including special proceedings. The court shall have original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus, also all writs necessary or proper to the complete exercise of its appellate jurisdiction. 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, or before any circuit court in the state, or before any judge of said courts.
Section 5. The state shall be divided into a convenient number of judicial circuits, in each of which shall be elected, by the electors thereof, at the general election, one judge, who shall be the judge of the circuit court therein, and whose term of office shall be four years from and including the first Monday in December next succeeding his election and until his successor shall be qualified. Until otherwise provided by law, there shall be four circuits as follows: The counties of Weber, Box Elder, Cache, Rich and Morgan shall constitute the first circuit; the counties of Salt Lake, Summit, Davis and Tooele shall constitute the second circuit; the counties of Utah, Juab, Emery, Sanpete, Sevier, Millard, Wasatch and Uintah shall constitute the third circuit, and the counties of Beaver, Iron, Washington, Kane, Garfield, San Juan and Piute shall constitute the fourth circuit.
Section 6. The circuit courts shall have both chancery and common law jurisdiction; and such other jurisdiction, both original and appellate, as may be prescribed by law; Provided, That nothing herein shall be so construed as to prevent the legislature from conferring limited common law or chancery jurisdiction upon inferior courts.
Section 7. The judges of the circuit courts may hold court for each other, and shall do so when required by law.
Section 8. The judges of the supreme and circuit courts shall be ineligible to election to any other than a judicial office, or to hold more than one office at the same time.
Section 9. No person shall be eligible to the office of supreme or circuit judge who is not a male citizen of the United States, and has not attained 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. But nothing in this section shall be construed to prevent the legislature from prescribing additional qualifications.
Section 10. The judges of the supreme and circuit courts shall each receive for his services a salary to be fixed by law, which shall not be diminished for the term for which he shall have been elected.
Section 11. The legislature shall determine by law the places in each circuit at which the circuit courts shall be held, and fix the terms thereof.
Section 12. The supreme court shall be always open for business except in case of adjournment which in no case shall exceed thirty days. Its sessions shall be held at the seat of government.
Section 13. The style of all process shall be "The State of Utah" 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 all impeachments shall be tried by the senate. When sitting as a court of impeachment, the senators shall be upon oath or affirmation to do justice according to law and evidence, and no person shall be convicted without the concurrence of two-thirds of ail the senators.
Section 2. The governor, judges of the supreme and circuit courts, and other state officers shall be liable to impeachment. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside, and in all cases judgment shall extend only to removal from office and disqualification to hold any office of honor, trust or profit under this state, but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law. SEC 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. In all impeachment trials the accused shall have the right to appear, and 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 5. Any state officer shall be liable to impeachment for corrupt conduct in office, for immoral conduct, for habitual drunkenness, or for any act which, by the laws of the state, may be made a felony.
Section 6. The legislature shall determine by law the cause and provide for the removal, of any officer whose removal is not herein provided for.
Section 1. The legislature shall pass no special act conferring corporate powers.
Section 2. The legislature shall by general laws provide for the organization of cities, towns and villages, and restrict their powers of taxation and assessment.
Section 3. The legislature shall provide, by general laws, for the organization of private corporations.
Section 1. The legislature shall provide by law for an annual tax, sufficient to defray the expenses of the state.
Section 2. The state shall not assume or guarantee the debts of, nor loan money or its credit to, or in aid of, any county, city, town, village, school district, private corporation or any individual, nor be interested in the stock of any company, association or corporation.
Section 3. The state debt shall not at any time exceed three per centum of the taxable property of the state; to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness.
Section 4. No subdivision of the state shall be allowed to become indebted, in any manner or for any purpose, to an amount, including existing indebtedness in the aggregate exceeding the following percentages of the taxable property therein; to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness, viz: School districts, two per centum; counties, two per centum; cities, Provided, That cities of five thousand inhabitants and upwards (to be ascertained by the preceding United States census) may for the purpose of furnishing water increase their indebtedness to an additional amount of not exceeding five per centum of the taxable property, as aforesaid, upon a two-thirds vote of the qualified voters at an election called for that purpose. Any city, county or school district incurring any indebtedness as aforesaid shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty-five years from the time of contracting the same.
Section 1. The legislature shall by law provide for a uniform and equal rate of taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory. Provided, That mines and mining claims bearing gold, silver, and other precious metals, except the surface improvements thereof, shall be exempt from taxation for a period of ten years from the date of the adoption of this constitution and thereafter may be taxed as provided by law.
Section 2. The property of the United States and the property of this state, and such property as may belong to any county or municipal corporation or as may be used exclusively for agricultural, horticultural and scientific societies, chartered or controlled by the state or for school, religious, cemetery, or charitable purposes, shall be exempt from taxation; and ditches, canals, dams, reservoirs and flumes owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations or by the individual members thereof, shall not be taxed so long as they shall be owned and used exclusively for such purposes.
Section 3. The legislature shall not impose taxes for the purpose of any county, city, town or other corporation, but may by law vest in the corporate authorities thereof respectively the power to assess and collect taxes for all purposes of such corporations.
Section 1. The legislature shall provide for a uniform system of public schools, the supervision of which shall be vested in a state superintendent and such other officers as the legislature shall provide. The superintendent shall be chosen by the qualified electors in the state in such manner as the legislature shall provide. His powers, duties and compensation shall be prescribed by law.
Section 2. The legislature may establish free schools. Provided, That no sectarian or denominational doctrine shall be taught in any school supported in whole or in part by public funds. Nor shall any professor, instructor or teacher be preferred, employed or rejected in said schools on account of his religious faith or belief, or his affiliation or sympathy with any denomination, creed or sect.
Section 3. All legislation in regard to education shall be impartial, guaranteeing equal rights and privileges to all persons irrespective of race, color or religion.
Section 4. The proceeds of all lands that have been or may be granted by the United 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 appropriated to the support of the public schools throughout the state.
Section 5. The University of Deseret shall be the university of this state, and be under the control of the legislature. 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 land, shall be appropriated to the support of said university.
Section 6. The legislature shall foster and encourage moral, intellectual and scientific improvement. They shall make suitable provisions for the education of the blind and mute, and for the organization of such institutions of learning as the best interests of general education in the state may demand.
Section 1. The legislature shall provide by law for organizing and disciplining a militia of this state in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States, nor the constitution of this state.
Section 2. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the governor.
Section 3. The legislature shall provide for calling forth the militia to execute the laws of the state, to suppress insurrections and repel invasions.
Section 1. Institutions for the care and benefit of the insane, the blind, the 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 provision shall be made by law for the establishment and maintenance of a house of correction for juvenile offenders.
Section 3. The respective counties of the state shall provide, as may be prescribed by law, for those persons who by reason of age, infirmity or misfortune, may have claim upon the sympathy and aid of society.
The boundary of the state of Utah 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 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 west longitude to the place of beginning.
Section 1. The seat of government shall be at Salt Lake City, until the legislature may otherwise determine.
Section 2. No person shall be eligible to any elective 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 this state.
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, except a judge of the supreme or circuit court, 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 any election by the people for officers shall constitute a choice, where not otherwise provided by the 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 three hundred dollars, and except as otherwise provided in this constitution.
Section 9. The legislature at their first session shall prescribe the methods of conducting all general and special elections in this state, and for canvassing all votes cast at such elections, and declaring the results thereof.
Section 10. All officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to 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 Utah, and will faithfully discharge the duties of the office of........., according to the best of my ability.
Section 11. Until otherwise provided by law, the several counties, as they now exist, are hereby recognized as legal subdivisions of this state.
Section 12. Bigamy and polygamy being considered incompatible with "a republican form of government," each of them is hereby forbidden and declared a misdemeanor. Any person who shall violate this section shall, on conviction thereof, be punished by a fine of not more than one thousand dollars and imprisonment for a term not less than six months nor more than three years, in the discretion of the court. This section shall be construed as operative without the aid of legislation, and the offenses prohibited by this section shall not be barred by any statute of limitation within three years after the commission of the offense; nor shall the power of pardon extend thereto until such pardon shall be approved by the President of the United States.
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 elected, and shall be published for three months next preceding the time of such election, and if, in the legislature next elected 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 qualified electors voting thereon, such amendment or amendments shall become a part of the constitution. Provided, That Section 12 of Article XV shall not be amended, revised or in any way changed until any amendment, revision or change as proposed therein shall, in addition to the requirements of the provisions of this Article, be reported to the Congress of the United States and shall be by Congress approved and ratified, and such approval and ratification be proclaimed by the President of the United States, and if not so ratified and proclaimed said section shall remain perpetual.
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 constitution, the electors shall vote at the next election for members of the legislature, for or against a convention for that purpose, and if it shall appear that a majority of the 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 held 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 hereby declared that all rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, both public and private, 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 Utah.
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 remain in force until they expire by their own limitations, or are 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 this state, and all debts, liabilities and obligations of said Territory, shall be valid against the state, and enforced as may be provided by law.
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 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 Utah, and may be sued for and recovered in the same manner and to the same extent by the state of Utah 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 committed against the laws of the Territory of Utah before the change from a territorial to a state government, and which shall no be prosecuted before such change, may be prosecuted in the name and by the authority of the state of Utah, 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 having jurisdiction; 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, the registration officers appointed by the Utah Commission in the several counties are hereby each requested to add to the notices which they are required by law to post in each precinct, designating the offices to be filled at the general election to be held on the first Monday in August, 1887, the further notice, as follows, to wit: "At the same time and place, the question of the ratification or rejection of the State Constitution adopted by the Constitutional Convention in Salt Lake City, July 7th, 1887, will be submitted to the registered voters of the precinct; those who are in favor of ratification will write or cause to be written or printed on the bottom of their ballots the words 'Constitution, yes,' and those in favor of rejection, "Constitution, no.'" If the registration officers or either of them shall refuse or neglect to post the notice herein provided for, the county clerks of the respective counties are hereby requested to post a notice to the same effect in each precinct on the 16th day of July, 1887.
Section 6. The judges of election, or either of them, appointed by the Utah Commission in each precinct to canvass and count the votes are hereby requested, after the polls are closed, to canvass and count the ballots cast for and against this constitution and make returns of the same forthwith, by the most safe and expeditious conveyance, to Heber M. Wells, Salt Lake City, the secretary of this convention, marked "Constitution Election Returns." Upon the receipt of said returns, or within fourteen days after the election, if the returns are not sooner received, it shall be the duty of the president and secretary of this convention and the probate judge of Salt Lake County, or any two of the persons named in this section, to canvass the returns of said election in the presence of all who may choose to attend, and immediately publish an abstract of said returns in one or more of the newspapers published in the Territory of Utah, and forward a copy of said abstract, duly certified by them, to the President of the United States, the President of the Senate, the Speaker of the House of Representatives and the Delegate in Congress from Utah Territory.
Section 7. Until otherwise provided by law, the apportionment of senators and representatives shall be as follows: Representative Districts. No. 1.-All of Rich County and Logan, Hyde Park, Smithfield and Providence precincts, Cache County. No. 2.-Balance of Cache County. No. 3.-Box Elder County. No. 4.-Ogden precinct, Weber County. No. 5.-Balance of Weber County. No. 6.-Morgan County, Davis County and Pleasant Green, Hunter and North Point precincts, in Salt Lake County, and Henneferville precinct, Summit County. No. 7.-Summit County (except Henneferville, Peoa, Woodland and Kamas), and Mountain Dell and Sugar House Ward in Salt Lake County. No. 8.-All of Tooele County, Tintic precinct, Juab County and Bingham precinct, Salt Lake County. No. 9.-First Salt Lake City precinct. No. 10.-Second Salt Lake City precinct. No. 11.-Third and Fourth Salt Lake City precincts, and Brighton and Granger precincts, in Salt Lake County. No. 12.-Fifth Salt Lake City precinct, including Fort Douglas. No. 13.-North Jordan, West Jordan, South Jordan, Fort Herriman, Riverton, Bluff Dale, South Cottonwood, Union and Sandy precincts, in Salt Lake County. No. 14.-Farmer's, Mill Creek, East Mill Creek, Big Cottonwood, Little Cottonwood, Butler, Granite, Draper and Silver precincts, in Salt Lake County. No. 15.-Lehi, Cedar Fort, Fairfield, Alpine, Goshen, Santaquin, Spring Lake, Payson and Spanish Fork precincts, in Utah County. No. 16.-American Fork, Pleasant Grove, Provo Bench, Lakeview and Provo precincts, in Utah County. No. 17.-Springville, Thistle, Pleasant Valley Junction, Benjamin and Salem precincts, in Utah County; all of Emery County and Winter Quarters precinct, in Sanpete County No. 18.-All of Uintah and Wasatch counties, and Kamas, Woodland and Peoa precincts, in Summit County. No. 19.-Nephi, Mona, Levan and Juab precincts, of Juab County, and all of Millard County. No. 20.-Thistle, Fairview, Mount Pleasant, Spring City, Moroni, Fountain Green and Ephraim precincts, in Sanpete County. No. 21.-Chester, Wales, Manti, Pettyville, Mayfield, Gunnison, Fayette and Freedom precincts, in Sanpete County, and all of Sevier County. No. 22. All of Beaver and Piute Counties. No. 23-All of Iron and Garfield Counties, New Harmony Precinct, o Washington County, and Bluff City and McElmo precincts, in San Juan County. No. 24. All of Kane, and the balance of Washington County. Senatorial Districts. No. 1.-1st and 6th Representative Districts. No. 2.-2nd and 3rd Representative Districts. No. 3.-4th and 5th Representative Districts. No. 4.-7th and 9th Representative Districts. No. 5.-10th and 12th Representative Districts. No. 6.-11th and 14th Representative Districts. No. 7.-8th and 13th Representative Districts. No. 8.-15 h and 16th Representative Districts. No. 9.-17th and 18th Representative Districts. No. 10.-19th and 20th Representative Districts. No. 11. 21st and 22nd Representative Districts. No. 12.-23rd and 24th Representative Districts.
Section 8. A copy of this constitution, certified to be correct by the president and secretary of this convention, shall be published by them on or before the fifteenth day of July, 1887, in one or more of the newspapers in Utah Territory. The president and secretary shall also immediately after its ratification, forward copies of this constitution, duly certified, to the President of the United States, the President of the Senate, the Speaker of the House of Representatives, and the Delegate in Congress from Utah Territory, and shall deliver or forward a copy, certified as aforesaid, to each of the delegates who may hereafter be elected by this convention.
Section 9. The terms of all officers named in this constitution, except judicial and senatorial, elected at the first election, shall continue from the time of qualification until the expiration of two years from and including the first Monday in December next succeeding their election and until the qualification of their successors.
Section 10. 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 at the end of two years from the first Monday in December next succeeding their election, and the term of the other half shall expire in four years from the first Monday in December next succeeding their election, so that one-half, as nearly as may be, shall be elected biennially thereafter. 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, 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 nearly equal as practicable.
Section 11. Unless otherwise provided by Congress, the first election for all officers named in this constitution shall be held on the first Monday in the second month next succeeding the passage of an enabling act or the approval of this constitution by Congress, and such election shall be conducted and returns thereof made in the manner provided by law. The first session of the legislature shall commence, and all officers herein provided for shall enter upon the duties of their respective offices, on the first Monday of the second month next succeeding said election.
Section 12. The justices of the supreme court, elected at the first election, shall hold office from and including the first Monday of the second month next succeeding their election and continue in office thereafter two, four and six years respectively, from and including the first Monday in December next succeeding their election. 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 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.
Section 13. All officers under the laws of the Territory of Utah, at the time this constitution shall take effect, shall continue in office until their successors are elected and qualified. The time of such election and qualification not herein otherwise provided for shall be as prescribed by law.
Section 14. 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 15. This constitution shall be deemed ratified by the people of Utah if at any election to which it is submitted a majority of the votes cast on the question of its adoption be in the affirmative.
Section 16. Hons. Franklin S. Richards, Edwin G. Woolley and William W. Riter are hereby elected delegates from this convention to proceed to Washington, D. C., and with the Hon. John T. Caine, Delegate in Congress from Utah, present this constitution to the President of the United States and to the Senate and House of Representatives in Congress assembled and urge the passage of an act of Congress admitting the state of Utah into the Union.
Done in Convention and signed by the Delegates at Salt Lake City, Territory of Utah, this seventh day of July, in the year of our Lord one thousand eight hundred and eighty-seven, and of the Independence of the United States the one hundred and eleventh.
