the others, except in the cases herein expressly directed or permitted. Legislative power. Regular sessions, when held. Members of House, how elected. Senators, how chosen. Qualifications ARTICLE VI. LEGISLATIVE DEPARTMENT. SECTION 1. The legislative power of this State shall be vested in a Senate and House of Representatives, which shall be designated the Legislature of the State of Utah. Sec. 2. Regular sessions of the Legislature shall be held biennially at the seat of government; and, except the first session thereof shall begin on the second Monday in January next after the election of members of the House of Representatives. Sec. 3. The members of the House of Representatives, after the first election, shall be chosen by the qualified electors of the respective representative districts, on the first Tuesday after the first Monday in November, 1896, and biennially thereafter. Their term of office shall be two years, from the first day of January next after their election. Sec. 4. The Senators shall be chosen by the qualified electors of the respective senatorial districts, at the same times and places as members of the House of Representatives, and their term of office shall be four years from the first day of January next after their election; Provided, That the Senators elected in 1896 shall be divided by lot into two classes as nearly equal as may be; seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that onehalf, as nearly as possible, shall be chosen biennially thereafter. In case of increase in the number of Senators, they shall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal as practicable. Sec. 5. No person shall be eligible to the office for legislator of Senator or Representative, who is not a citizen of the United States, 25 years of age, a qualified voter in the district from which he is chosen, a resident for three years of the State, and for one year of the district from which he is elected. Disqualifica tions. ་ Sec. 6. No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature; Provided, That appointments in the State militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered officers of profit or trust. No member created during Sec. 7. No member of the Legislature, during the term for which he was elected, shall be appointed or eligible to office elected to any civil office of profit under this State, his term. which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. arrest. Sec. 8. Members of the Legislature, in all cases Members priviexcept treason, felony or breach of the peace, shall be leged from privileged from arrest during each session of the Legislature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place. of members. Sec. 9. The members of the Legislature shall re- compensation ceive such per diem and mileage as the Legislature may provide, not exceeding $4 per day, and 10 cents per mile for the distance necessarily traveled going to and returning from the place of meeting on the most usual route, and they shall receive no other pay or perquisite. judge of elec Sec. 10. Each house shall be the judge of the Each House, election and qualifications of its members, and may tion and quallpunish them for disorderly conduct, and with the con- dications of its currence of two-thirds of all the members elected, expel a member for cause. members. Sec. 11. A majority of the members of each house quorum. shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe. cers. Sec. 12. Each house shall determine the rules of Rules and offits proceedings, and choose its own officers and employes. writs of election to fill vacancies. Sec. 13. The Governor shall issue writs of elec- Governor issue tion to fill vacancies that may occur in either house of the Legislature. Sec. 14. Each house shall keep a journal of proceedings, which, except in case of executive ses- journal. sions, shall be published, and the yeas and nays its Each House shall keep a on any question, at the request of five members of such house, shall be entered upon the journal. Sec. 15. All sessions of the Legislature, except Sessions public. those of the Senate while sitting in executive session, shall be public; and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session. Term of sessions. House sole power of impeachment. Impeachments, how tried. Impeachment, Sec. 16. No regular session of the Legislature (except the first, which may sit ninety days) shall exceed sixty days, except in cases of impeachment. No special session shall exceed thirty days, and in such special session, or when a regular session of the Legislature trying cases of impeachment exceeds sixty days, the members shall receive for compensation only the usual per diem and mileage. Sec. 17. The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor. Sec. 18. All impeachments shall be tried by the Senate, and Senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence. When the Governor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Sec. 19. The Governor and other State and judiwho liable to. cial officers, except justices of the peace, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial and punishment according to law. with copy. Sec. 20. No person shall be tried on impeachment, Must be served unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted. how removed. Sec. 21. All officers not liable to impeachment. Other offers, shall be removed for any of the offenses specified in this article, in such manner as may be provided by law. Sec. 22. The enacting clause of every law shall be: "Be it enacted by the Legislature of the State of Utah,' and no bill or joint resolution shall be passed, except with the assent of a majority of all the members elected to each house of the Legislature, and after it has been read three times. The vote upon the final passage of all bills shall be by yeas and nays; and no law shall be revised or amended by reference to its title only; but the act as revised, or section as amended, shall be reenacted and published at length. Enacting clause No bill shall Sec. 23. Except general appropriation bills, and bills for the codification and general revision of laws, pass containing no bill shall be passed containing more than one subject, subject. which shall be clearly expressed in its title. more than one signed. Sec. 24. The presiding officer of each house, in Bills, how the presence of the house over which he presides, shall sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read immediately before signing, and the fact of such signing shall be entered upon the journal. lished; take Sec. 25. All acts shall be officially published, and All Acts pubno act shall take effect until so published, nor until effect when. sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all the members elected to each house, shall otherwise direct. Sec. 26. The Legislature is prohibited from en- Legislature acting any private or special laws in the following special laws on. cases: 1. Granting divorce. must not enact Divorce. 2. Changing the names of persons or places, Changing name. or constituting one person the heir at law of another. 3. Locating or changing county seats. 4. Regulating the jurisdiction and duties of duties of justices of the peace. County seats. justices. 5. Punishing crimes and misdemeanors. criminal actions. 8. 9. 10. Assessing and collecting taxes. Regulating the interest on money. venue. Assessing and collecting taxes. Changing law of Regulating county and Changing the law of descent or succession. descent. 11. Regulating county and township affairs. 12. Incorporating cities, towns or villages; chang- township affairs ing or amending the charter of any city, town, or Incorporating village; laying out, opening, vacating or altering town cities, etc. establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of church and state, nor shall any church dominate the State or interfere with its function. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No Nination to property qualification shall be required of any person to vote or hold office, except as provided in this Constitution. vote. property Habeas corpus. People may bear arms. Sec. 5. The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it. Sec. 6. The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law. Sec. 7. No person shall be deprived of life, Due process of liberty or property, without due process of law. law, Sec. 8. All prisoners shall be bailable by sufficient Right of ball. sureties, except for capital offenses when the proof is evident or the presumption strong. ishments. Sec. 9. Excessive bail shall not be required; exFines and pun-cessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor. verdicts. Sec. 10. In capital cases the right of trial by jury Juries and their shall remain inviolate. In courts of general jurisdiction, except in capital cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction a jury shall consist of four jurors. In criminal In criminal cases the verdict shall be unanimous. In civil cases threefourths of the jurors may find a verdict. A jury in civil cases shall be waived unless demanded. Remedy for injury. Sec. 11. All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. |