Proposition on the Distribution of Powers in the Legislative Departments. (File No. 19)

Charles Henry Hart of Cache

From New York, California,

Resolution for Constitutional Provisions on Distribution of Powers and Legislative Departments

Distribution of Powers:

Sec. I. The powers of government of the State of Utah shall be divided into three distinct departments,-the legislative, the executive and the judicial. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either or the others, except in cases herein expressly directed or permitted.

Legislative Department:

Sec. I The legislative power of this state shall be vested in a legislature which shall consist of a Senate and a House of Representatives and the sessions thereof shall be held at the seat of Government.

Sec. 2. The Senate shall consists of _____members and the House of Representatives_____members. After the State has acquired a population of ______________the legislature may increase the number of senators or representatives: Provided the number of senators shall never exceed in number____members, and the House of Representatives shall never exceed in number____members.

Sec. 3. The Senators and Representatives shall, except at the first elections, 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 day of January next succeeding their election.

Sec. 4. Until otherwise provided by law, the apportionment of the two Houses or the Legislature shall be as follows

Sec. 5. Upon any appointment of increase of members of both houses shall be … as provided by this Constitution and as may be provided by law, such apportionment or increase of members shall be as made that each senate and representative district shall contain as …. as may be as equal(?) number or(of) inhabitants(?) ex… ...il… and … of … not … … and shall at all times consist of … and co… … no co… shall be … in the ro… of a … district except such county shall be equitable … … … or more …

Sec. 6. No person shall be a Senator or Representative … is … a qualified elector in the district in which he … be chosen and … shall … have … … or … … … years and have been a resident of the state or territory for two years next preceding his election.

Sec. 7. The members of the legislature before entering upon their official duties shall take an oath or affirmation to support the constitution of the United States and of this State and to faithfully discharge the duties of their respective offices.

Sec. 8. Each house shall be the judge of the election returns and the qualifications of its own members, a majority of which shall constitute quorum to do business but a smaller number may adjourn from day to day and be authorized to compel the attendance of absent members in such manner and other such penalties as shall be … expedient. Each house may punish its members for disorderly conduct and may for good cause show with a concurrence of two-thirds of all the members expel the members.

Sec. 9. Each house shall establish its own rules keep a journal of its own proceedings and cause the same to be published from time to time and the yeas and nays of the members of either house shall be taken and entered upon the … passage of every bill or joint resolution and the yeas and nays on any question shall at the request or any three members be taken and entered on the journal.

Sec. 10. Neither house during the session or the legislature 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 sitting.

Sec. 11. The business of each house and or the committees of the whole, shall be transacted openly and not in secret session.

Sec. 12. The members of the legislature shall receive a compensation not to exceed four dollars per day during their attendance and the debts for each mile traveled in going to and returning from the place of meeting.

Sec. 13 The members of the legislature shall in all cases except treason, felony and broach of peace, be privileged from arrest during their attendance of the session before their respective houses and in going to and returning from the .. … for seven days next before commencement and close thereof and for any speech or debate in either house, they shall not be questioned in any other place.

Sec. 14 … will or … resolution may .. in … … of the legislature and shall be read three times in each house before the the final passage thereof and shall not become a law without the concurrence of a majority of the members elected to each house and be approved by the Governor unless it be passed over his veto as herein provided for.

Sec. 15. The enacting clause of all bills shall be … at enacting by the legislature of the State of Utah shall be “Be it enacted by the legislature of the State of Utah” and no law shall be enacted except by bill.

Sec. 16. Every act shall embrace but one subject, and matters properly connected therewith, which subjects shall be expressed in title. But if any subject shall be embraced in any act which shall not be expressed in the title such act shall be void only as to so much thereof as shall not be expressed in the title.

Sec. 17. No law shall be revised, altered or amended by reference to its title only, but the act revised and the section or sections altered or amended shall be reenacted and published at length.

Sec. 18. The first regular session the legislature may extend to ninety days, but no subsequent regular session shall exceed sixty days, nor shall any session convened by the governor exceed twenty days nor transact any business other than that named in the governor’s proclamation calling the same and matters incidentally thereto.

Sec. 19. The legislature shall not pass a private or local bill in any of the following cases

1. Changing the names of any persons or places

2. Having … out, opening, altering, working or discontinuing roads, highways or alleys town parks, cemeteries or graveyards.

3. Locating or changing county seats.

4. Providing for changes of venue in civil and criminal classes.

5. In corporations, towns or cities.

6. Selecting, drawing, summoning or impaneling grand or petit jurors.

7. The opening and conducting of elections or designating places of voting.

8. Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said offices are elected or appointed.

9. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever.

10. Regulating the jurisdiction and duties of the Justice of the Peace, Police Judges Constables.

11. For the punishment of crimes and misdemeanors.

12. Regulating the practice of courts of justice.

13. Granting divorces.

14. Regulating county and township business or the election of township or county officers.

15. For the assessment or collection of taxes.

16. Providing for collecting elections or designating the places of voting, except in the organization or the counties.

17. A… the estates of … persons, minors, or other persons … … disabilities.

18. … xt…. The t….t for the collection of taxes.

19. ...v… ….i…. to invalid … bills or other instruments.

20. …. ….. …. Into … … …

21. Some words… whole or… … … corporation or person of the state or any … corporation therein.

22. Declaring any … of … authorizing any matter to sell, lease, or … his or her property.

23. …. Except … … …. state the author…………….. act or any offices …

24. Property from…

25. …. To citizens … … crimes

26. … interests on …Y.

27. authorizing(?) the creation … or … …

28. … penalties or forfeitures

29. Providing for the management of common schools.

30. Changing the law or descent or succession.

31. …. Authorizing The adoption or the legitimation of children

32. Limitation of civil or criminal actions.

33. In all other cases where a general law can be more applicable.

• Proposition on the Distribution of Powers in Legislative Departments [File No. 19] (introduced on 1895-03-12 14:00:00 - CREATE - e691651) [This document] [view current proposal at this moment]
  • Proposition [File No. 19] (introduced on 1895-03-12 14:00:00 - PROCEDURE - e691652) [view current proposal at this moment]
    • None (introduced on 1895-03-12 14:00:00 - ADOPT_PROPOSAL - e691653) [view current proposal at this moment]
  • None (introduced on 1895-03-12 14:00:00 - REPORT_PROPOSAL - e691654) [view current proposal at this moment]