Imágenes de páginas
PDF
EPUB

agricultural college; a university; and such other schools as the Legislature may establish. The common schools shall be free. The other departments of

the system shall be supported as provided by law.3

SEC. 3. The proceeds of all lands that have been or may be granted by the United States to this State, for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture: all unclaimed shares and dividends of any corporation incorporated under the laws of this State; the proceeds of the sale of timber, mineral or other property from school and State lands, other than those granted for specific purposes; and five per centum of the net proceeds of the sale of public lands lying within the State, which shall be sold by the United States, subsequent to the admission of his State into the Union, shall be and remain a perpetual fund, to be called The State School Fund, the interest of which only, together with such other means as the Legislature may provide, shall be distributed among the several school districts according to the school population residing therein. Provided, That all funds derived from any State tax for high schools shall be apportioned mong the several cities and school districts according to the attendance at he high schools therein; but no city or district shall be entitled to any part of he fund derived from the State tax for high schools unless the high school herein is maintained upon the standard and for the period during the year hat may be fixed by the State Board of Education,4

SEC. 4. The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, mmunities, franchises and endowments heretofore granted or conferred, are ereby perpetuated unto said University and Agricultural College respectively. SEC. 5. The proceeds of the sale of lands reserved by an Act of Congress pproved February 21st, 1855, for the establishment of the University of Utah, nd of all the lands granted by an Act of Congress, approved July 16th, 1894, hall constitute permanent funds, to be safely invested and held by the State; nd the income thereof shall be used exclusively for the support and maintennce of the different institutions and colleges, respectively, in accordance with he requirements and conditions of said Acts of Congress.

SEC. 6. In cities of the first and second class the public school system shall e controlled by the Board of Education of such cities, separate and apart from he counties in which said cities are located.

SEC. 7. All public School Funds shall be guaranteed by the State against oss or diversion.

SEC. 8. The general control and supervision of the Public School System hall be vested in a State Board of Education, consisting of the Superintendent f Public Instruction, and such other persons as the Legislature may provide. SEC. 9. Neither the Legislature nor the State Board of Education shall ave power to prescribe text books to be used in the common schools.

SEC. 10. Institutions for the deaf, dumb, and for the blind are hereby stablished. All property belonging to the school for the Deaf and Dumb heretoore connected with the University of Utah, shall be transferred to said Instituon for the Deaf and Dumb. All the proceeds of the lands granted by the nited States, for the support of a Deaf and Dumb Asylum, and for an Instituon for the Blind, shall be a perpetual fund for the maintenance of said institu-on. It shall be a trust fund, the principal of which shall remain inviolate. aranteed by the state against loss by diversion.

SEC. 11. The Metric System shall be taught in the public schools of the tate.

SEC. 12. Neither religious nor partisan test or qualification shall be re

3 Section 2 has been amended twice; the first amendment was proposed by the gislature of 1905 and was ratified at the election of November 6, 1906; the present mendment was proposed by the legislature of 1909 and was ratified on November 1910.

Amendment proposed by the legislature of 1909 and ratified at the election of ovember 8, 1910.

Amendment proposed by the legislature of 1899 and ratified on November 6, 1900.

quired of any person, as a condition of admission, as teacher or student, into any public educational institution of the State.

SEC. 13. Neither the Legislature nor any county, city, town, school dis trict or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other inst tution, controlled in whole, or in part, by any church, sect or denominati whatever.

ARTICLE XI.

COUNTIES, CITIES AND TOWNS.

SECTION 1. The several counties of the Territory of Utah, existing at the time of the adoption of this Constitution, are hereby recognized as les subdivisions of this State, and the precincts, and school districts, now exis ing in said counties, as legal subdivisions thereof, and they shall so continge until changed by law in pursuance of this article.

SEC. 2. No County Seat shall be removed unless two-thirds of the qual fied electors of the county, voting on the proposition at a general electio shall vote in favor of such removal, and two-thirds of the votes cast on th proposition shall be required to re-locate a county seat. A proposition of removal shall not be submitted in the same county more than once in for years.

SEC. 3. No territory shall be stricken from any county unless a majorit of the voters living in such territory, as well as of the county to which is to be annexed, shall vote therefor, and then only under such conditions as may be prescribed by general law.

SEC. 4. The Legislature shall establish a system of County governmen which shall be uniform throughout the State, and by general laws shall pr vide for precinct and township organizations,

SEC. 5. Corporations for municipal purposes shall not be created }, special laws; the Legislature, by general laws, shall provide for the inev poration, organization, and classification of cities and towns in proportion population; which laws may be altered, amended or repealed.

SEC. 6. No municipal corporation shall directly, or indirectly, lease, se alien or dispose of any water-works, water rights, or sources of water supp now, or hereafter to be owned or controlled by it; but all such water-work water-rights and sources of water supply now owned or hereafter to b acquired by any municipal corporation, shall be preserved, maintained al operated by it for supplying its inhabitants with water at reasonable charges: Provided. That nothing herein contained shall be construed to prevent an such municipal corporation from exchanging water-rights, or sources of wate supply for other water-rights or sources of water supply of equal valu. and to be devoted in like manner to the public supply of its inhabitants.

ARTICLE XII.

CORPORATIONS.

SECTION 1. Corporations may be formed under general laws, but shall be created by special acts. All laws relating to corporations may be altered amended or repealed by the Legislature, and all corporations doing busines in this State, may, as to such business, be regulated, limited or restrained by law.

SEC. 2. All existing charters, franchises, special or exclusive privilege. under which an actual and bona fide organization shall not have taken place. and business been commenced in good faith, at the time of the adoption. this Constitution, shall thereafter have no validity; and no corporation in exis ence at the time of the adoption of this Constitution shall have the benef of future legislation without first filing in the office of the Secretary of State an acceptance of the provisions of this Constitution,

SEC. 3. The Legislature shall not extend any franchise or charter. remit the forfeiture of any franchise or charter of any corporation now existing or which shall hereafter exist under the laws of this State.

SEC. 4. The term "Corporation," as used in this article, shall be conued to include all associations, and joint-stock companies having any powers privileges of corporations not possessed by individuals or partnerships, and corporations shall have the right to sue, and shall be subject to be sued, all courts, in like cases as natural persons.

SEC. 5. Corporations shall not issue stock, except to bona fide subscribers reof or their assignee, nor shall any corporation issue any bond, or other igation, for the payment of money, except for money or property received, labor done. The stock of corporations shall not be increased, except in suance of general law, nor shall any law authorize the increase of stock hout the consent of the person or persons holding the larger amount in ue of the stock, or without due notice of the proposed increase having viously been given in such manner as may be prescribed by law. All itious increase of stock or indebtedness shall be void.

SEC. 6. No corporations organized outside of this State, shall be allowed transact business within the State on conditions more favorable than those scribed by law to similar corporations organized under the laws of this

te.

as to

SEC. 7. No corporation shall lease or alienate any franchise, so eve the franchise or property held thereunder from the liabilities of the sor, or grantor, lessee or grantee, contracted or incurred in operation, use enjoyment of such franchise or any of its privileges.

SEC. S. No law shall be passed granting the right to construct and operate street railroad, telegraph, telephone or electric light plant within any or incorporated town without the consent of the local authorities who have trol of the street or highway proposed to be occupied for such purposes. SEC. 9. No corporation shall do business in this State, without having one more places of business, with an authorized agent, or agents, upon whom ress may be served; nor without first filing a certified copy of its articles incorporation with the Secretary of State.

SEC. 10. No corporation shall engage in any business other than that exsly authorized in its charter, or articles of incorporation.

SEC. 11. The exercise of the right of eminent domain shall never be so idged or construed, as to prevent the Legislature from taking the property franchises of incorporated companies, and subjecting them to public use same as the property of individuals.

SEC. 12. All railroad and other transportation companies are declared to common carriers, and subject to legislative control; and such companies receive and transport each others' passengers and freight, without dismination or unnecessary delay.

SEC. 13. No railroad corporation shall consolidate its stock, property or chises with any other railroad corporation owning a competing line. SEC. 14. The rolling stock, and other moveable property belonging to any road company or corporation in this State, shall be considered personal erty, and shall be liable to taxation and to execution and sale, in the e manner as the personal property of individuals, and such property shall be exempted from execution and sale.

SEC. 15. The Legislature shall pass laws establishing reasonable maxirates of charges for the transportation of passengers and freight, for ecting abuses, and preventing discrimination and extortion in rates of ght and passenger tariffs by the different railroads, and other common iers in the State, and shall enforce such laws by adequate penalties. SEC. 16. No corporation or association shall bring any armed person or es of men into this State for the preservation of the peace or the supresof domestic trouble without authority of law.

SEC. 17. No officer, employee, attorney or agent of any corporation, comor association doing business under, or by virtue of any municipal charor franchise, shall be eligible to or permitted to hold any municipal office, he municipality granting such charter or franchise.

SEC. 18. The stockholders in every corporation, and joint stock associafor banking purposes, in addition to the amount of capital stock subscribed

and fully paid by them, shall be individually responsible for an additi mount, equal to the amount of their stock in such corporation, for all its debts and liabilities of every kind.

SEC. 19. Every person in this State shall be free to obtain employme whenever possible, and any person, corporation, or agent, servant or employer | thereof, maliciously interfering or hindering in any way, any person from o taining, or enjoying employment already obtained. from any other corporati. or person, shall be deemed guilty of a crime. The Legislature shall provide by law for the enforcement of this section.

SEC. 20. Any combination by individuals, corporations, or associatio having for its object or effect the controlling of the price of any produce of the soil, or of any article of manufacture or commerce, or the cost f exchange or transportation, is prohibited, and hereby declared unlawful, against public policy. The Legislature shall pass laws for the enforcem of this section by adequate penalties, and in case of incorporated compare. if necessary for that purpose, it may declare a forfeiture of their franchise

ARTICLE XIII.

REVENUE AND TAXATION.

SECTION 1. The fiscal year shall begin on the first day of January, use changed by the Legislature.

SEC. 2. All property in the State, not exempt under the laws of United States, or under this Constitution, shall be taxed in proportion to 3 value, to be ascertained as provided by law. The word property, as used this article, is hereby declared to include monies, credits, bonds, stocks, fra chises and all matters and things (real, personal and mixed) capable private ownership; but this shall not be so construed as to authorize the t tion of the stocks of any company or corporation, when the property of s company or corporation represented by such stocks, has been taxed. The Legislature shall provide by law for an annual tax sufficient, with sources of revenue, to defray the estimated ordinary expenses of the sa for each fiscal year. For the purpose of paying the State debt, if any the be, the Legislature shall provide for levying a tax annually, sufficient to the annual interest, and principal of such debt, within twenty years from final passage of the law creating the debt.

SEC. 3. The Legislature shall provide by law a uniform and equal of assessment and taxation on all property in the State, according to its va in money, and shall prescribe by general law such regulations as shall sect a just valuation for taxation of all property, so that every person and poration shall pay a tax in proportion to the value of his, her or its prop Provided, that a deduction of debits from credits may be authorized: P vided further, that the property of the United States, of the State, e cities, towns, school districts, municipal corporations and public libraries with the buildings thereon used exclusively for either religious worshi charitable purposes, and places of burial not held or used for private er e porate benefit, shall be exempt from taxation. Ditches, canals, reservoirs. and flumes owned and used by individuals or corporations for irrigating » owned by such individuals or corporations, or the individual members there shall not be separately taxed as long as they shall be owned and used ef sively for such purpose: Provided further, that mortgages upon both " and personal property shall be exempt from taxation: Provided further, “ the taxes of the indigent poor may be remitted or abated at such time in such manner as may be provided by law.6

SEC. 4. All mines and mining claims, both placer and rock in place, ** taining or bearing Gold, Silver, Copper, Lead, Coal or other valuable mine?) deposits, after purchase thereof from the United States, shall be taxed the price paid the United States therefor, unless the surface ground.

Section 3 has been amended twice; the first amendment was proposed by 3 legislature of 1899 and was ratified on November 6, 1900; the present amende was proposed by the legislature of 1905 and was ratified on November 6, 1996.

me part thereof, of such mine or claim, is used for other than mining urposes, and has a separate and independent value for such other purposes; which case said surface ground. or any part thereof, so used for other an mining purposes, shall be taxed at its value for such other purposes, as rovided by law; and all the machinery used in mining, and all property and urface improvements upon or appurtenant to mines and mining claims, which ve a value separate and independent of all such mines or mining claims and e net annual proceeds of all mines and mining claims, shall be taxed by e State Board of Equalization.7

SEC. 5. The Legislature shall not impose taxes for the purpose of any unty, city, town or other municipal corporation, but may, by law, vest in e corporate authorities thereof, respectively, the power to assess and collect xes for all purposes of such corporation.

SEC. 6. An accurate statement of the receipts and expenditures of the blic monies, shall be published annually in such manner as the Legislature y provide.

SEC. 7. The rate of taxation on property for state purposes shall never ceed eight mills on each dollar of valuation to be apportioned as follows: t to exceed four and one-half mills on each dollar of valuation for general te purposes; not to exceed three mills on each dollar of valuation for strict school purposes; not to exceed one-half mill on each dollar of valuaon for High School purposes; that part of the state tax apportioned to high hool purposes shall constitute a fund to be called the "high school fund" d shall be apportioned to the cities and school districts maintaining high ools in the manner the legislature may provide. And whenever the tax

le property within the state shall amount to four hundred million dollars, the e shall not exceed five mills on each dollar of valuation; unless a propoion to increase such rate, specifying the rate proposed and the time during ich the same shall be levied, be first submitted to a vote of such of the alified electors of the State as, in the year next preceding such election, shall ve paid a property tax assessed to them within the State, and the majority those voting thereon shall vote in favor thereof, in such manner as may provided by law.8

SEC. 8. The making of profit out of public monies, or using the same for purpose not authorized by law, by any public officer, shall be deemed a ny, and shall be punished as provided by law, but part of such punishnt shall be disqualification to hold public office.

SEC. 9. No appropriation shall be made, or any expenditure authorized by Legislature, whereby the expenditure of the State, during any fiscal year, Il exceed the total tax then provided for by law, and applicable for such ropriation or expenditure, unless the Legislature making such appropriation, provide for levying a sufficient tax, not exceeding the rates allowed in tion seven of this article, to pay such appropriation or expenditure within h fiscal year. This provision shall not apply to appropriations or expendies to suppress insurrections, defend the State, or assist in defending the ted States in time of war.

SEC. 10. All corporations or persons in this State, or doing business herein, Il be subject to taxation for State, County, School, Municipal or other purs on the real and personal property owned or used by them within the terrial limits of the authority levying the tax.

SEC. 11. Until otherwise provided by law, there shall be a State Board Equalization, consisting of the Governor, State Auditor, State Treasurer, retary of State and Attorney-General; also, in each. county of this State... ounty Board of Equalization, consisting of the Board of County Commis ers of said county. The duty of the State Board of Equalization shall to adjust and equalize the valuation of the real and personal property ong the several counties of the State. The duty of the County Board of Amendment proposed by the legislature of 1907 and ratified on November 3, Amendment proposed by the legislature of 1909 and ratified at the election of

ember 8, 1910.

« AnteriorContinuar »