ENABLING ACT

AN ACT to enable the people of Utah to form a Constitution and State Government, and to be admitted into the Union on an equal footing with the Original States.

Formation of state authorized.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of all that part of the area of the United States now constituting the territory of Utah, as at present described, may become the state of Utah, as hereinafter provided.

Delegates.

SEC. 2. [Convention. Electors. Apportionment. Election.] That all male citizens of the United States over the age of twentyone years who have resided in said territory for one year next prior to such election are hereby authorized to vote for and choose delegates to form a convention in said territory. Such delegates shall possess the qualifications of such electors; and the aforesaid convention shall consist of one hundred and seven delegates, apportioned among the several counties within the limits of the proposed state as follows: Beaver county, two delegates; Box Elder county, four delegates; Cache county, eight delegates; Davis county, three delegates; Emery county, three delegates: Garfield county, one delegate; Grand county, one delegate; Iron county, one delegate: Juab county, three delegates; Kane county, one delegate; Millard county, two delegates: Morgan county, one delegate; Piute county, one delegate: Rich county, one delegate; Salt Lake county, twenty-nine delegates. thus apportioned, to-wit: Salt Lake City, first precinct, four delegates; second precinct, six delegates: third precinct, five delegates; fourth precinct, three delegates; fifth precinct, three delegates: all other precincts in said county outside of Salt Lake City, eight delegates: San Juan county, one delegate; San Pete county, seven delegates; Sevier county, three delegates; Summit county, four delegates; Tooele county, two delegates; Uintah county, one delegate; Utah county, twelve delegates: Wasatch county, two delegates; Washington county, two delegates; Wayne county, one delegate, and Weber county, eleven delegates: and the governor of said territory shall, on the first day of August, eighteen hundred and ninety-four, issue a proclamation ordering an election of the delegates aforesaid in said territory, to be held on the Tuesday next after the first Monday in November following. The board of commissioners known as the Utah Commission is hereby authorized and required to cause a new and complete registration of voters of said territory to be made under the provisions of the laws of the United States and said territory, except that the oath required for registration under said laws shall be so modified as to test the qualifications of the electors as prescribed in this act, such new registration to be made as nearly conformable with the provisions of such laws as may be; and such election for delegates shall be conducted, the returns made, the result ascertained, and the certificate of persons elected to such convention issued in the same manner as is prescribed by the laws of said territory regulating elections therein of members of the legislature. Persons possessing the qualifications entitling them to vote for delegates under this act shall be entitled to vote on the ratification or rejection of the constitution, under such rules or regulations as said convention may prescribe, not in conflict with this act.

Under the enabling act, women are not entitled to vote on the ratification or rejection of the constitution; nor are they entitled to vote at the election of state officers to take place on the same day

as the constitutional election: nor does the enabling act confer on the people of the territory power to fix the qualifications of electors for state officers. Anderson v. Tyree, 12 U. 129; 42 P. 201.

SEC. 3. [Meeting of convention. Ordinance to be incorporated in constitution.] That the delegates to the convention thus elected shall meet at the seat of government of said territory on the first Monday in March, eighteen hundred and ninety-five, and, after organization, shall declare on behalf of the people of said proposed state that they adopt the constitution of the United States, whereupon the said convention shall be, and is hereby, authorized to form a constitution and state government for said proposed state.

The constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and not to be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said convention shall provide by ordinance irrevocable without the consent of the United States and the people of said state

First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship; Provided, That polygamous or plural marriages are forever prohibited.

Second. That the people inhabiting said proposed state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof; and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States; that the lands belonging to citizens of the United States residing without the said state shall never be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be imposed by the state on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said state from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of congress containing a provision exempting the lands thus granted from taxation; but said ordinance shall provide that all such lands shall be exempt from taxation by said state so long and to such extent as such act of congress may prescribe.

Third. That the debts and liabilities of said territory, under authority of the legislative assembly thereof, shall be assumed and paid by said state.

Fourth. That provision shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of said state and free from sectarian control.

Irrevocable ordinance, Con. art. 3. U. S. property exempted from taxation, Con. art. 3; art. 13, sec. 3. Liabilities of territory assumed, Con. art. 3; art. 24,

sec. 4. System of public schools provided, Con, art, 3: art. 10, sec. 1. Provision for submitting constitution to people, Con. art. 24. sec. 14.

SEC. 4. [Vote on Constitution. Canvass. Proclamation. Admission.] That in case a constitution and state government shall be formed in compliance with the provisions of this act, the convention forming the same shall provide by ordinance for submitting said constitution to the people of said state for its ratification or rejection, at an election to be held on the Tuesday next after the first Monday in November, eighteen hundred and ninety-five, at which election the qualified voters of said proposed state shall vote directly for or against the proposed constitution, and for or against any provisions separately submitted. The return of said election shall be made to the said Utah Commission, who shall cause the same to be canvassed, and if a majority of the votes cast on that question shall be for the constitution, shall certify the result to the president of the United States, together with a statement of the votes cast thereon, and upon