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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 thirtyfourth 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.

ARTICLE III.

ORDINANCE.

irrevocable.

The following ordinance shall be irrevocable with- Ordinance out the consent of the United States, and the people of this State:

toleration.

First. Perfect toleration of religious sentiment is Religious guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited.

public land disclaimed.

Second. The people inhabiting this State do affirm All right to and declare that they forever disclaim all right and d title to the unappropriated public lands lying within the boundaries hereof, 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. The lands belonging to citizens of the United Non-residents States, residing without this State shall never be must not be taxed at a higher rate than the lands belonging to resi- than residents. dents of this State; nor shall taxes be imposed by this State on lands or property herein, belonging to or

taxed higher

Territorial

debts assumed.

which may hereafter be purchased by the United States or reserved for its use; but nothing in this ordinance shall preclude this 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, by patent or other grant, a title thereto, 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, which last-mentioned lands shall be exempt from taxation so long, and to such extent, as is or may be provided in the act of Congress granting the same.

Third. All debts and liabilities of the Territory of Utah incurred by authority of the Legislative Assembly thereof, are hereby assumed and shall be paid by this State.

Fourth. The Legislature shall make laws for the Public schools. establishment and maintenance of a system of public schools, which shall be open to all the children of the State and be free from sectarian control.

Males and fe

males shall en

ARTICLE IV.

ELECTIONS AND RIGHT OF SUFFRAGE.

SECTION 1. The rights of citizens of the State of Utah to vote and hold office shall not be denied or joy equally civil abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges.

and political

rights.

Qualifications to vote.

leges on elec

Sec. 2. Every citizen of the United States, of the age of twenty-one years and upwards, who shall have been a citizen for ninety days, and shall have resided in the State or Territory one year, in the county four months, and in the precinct sixty days next preceding any election, shall be entitled to vote at such election except as herein otherwise provided.

Sec. 3. In all cases except those of treason, felElectors' privi- ony or breach of the peace, electors shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom.

tion day.

Same.

Sec. 4. No elector shall be obliged to perform militia duty on the day of election except in time of war or public danger.

be citizens of

Sec. 5. No person shall be deemed a qualified Electors must elector of this State unless such person be a citizen of u. s. the United States.

Sec. 6. No idiot, insane person or person con- Disqualificavicted of treason, or crime against the elective fran- tions of electors chise, unless restored to civil rights, shall be permitted to vote at any election, or be eligible to hold office in

this State.

except.

secret ballot.

Sec. 7. Except in elections levying a special tax No property or creating indebtedness, no property qualification qualification shall be required for any person to vote or hold office. Sec. 8. All elections shall be by secret ballot. Elections by Nothing in this section shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election; Provided. That secrecy in voting be preserved.

tions.

Sec. 9. All general elections, except for munici- General elecpal and school officers, shall be held on the Tuesday tions, when held next following the first Monday in November of the year in which the election is held. Special elections Special elecmay be held as provided by law. The terms of all officers elected at any general election, shall commence cers. on the first Monday in January next following the date of their election. Municipal and school officers shall Municipal and be elected at such time as may be provided by law.

Terms of offi

School election.

Sec. 10. All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) Oath of office. that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity."

ARTICLE V.

DISTRIBUTION OF POWERS.

three depart

SECTION 1. The powers of the government of the Government State of Utah shall be divided into three distinct de- divided into partments, the legislative, the executive, and the ju- nents, dicial; 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.

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.

created during

Sec. 7. No member of the Legislature, during the No member 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 on and qualipunish them for disorderly conduct, and with the con- tications 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 offiits proceedings, and choose its own officers and employes.

writs of election

Sec. 13. The Governor shall issue writs of elec- Governor issue tion to fill vacancies that may occur in either house of to fill vacancies. the Legislature.

shall keep a

Sec. 14. Each house shall keep a journal of its Each House proceedings, which, except in case of executive ses-journal. sions, shall be published, and the yeas and nays on

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