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  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:The Convention
  4. Session: 1895-04-12 10:00:00
  5. Event type: CREATE

Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

The Convention

All the delegates.

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Document introduced in:

Session 7380: 1895-04-12 10:00:00

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Article on the Legislative [Article No. 9.3]

(Showing state at moment e694526)
There are 2 proposed amendments related to this document on which decisions have not been taken.

Distribution of Powers.

Section 1. The powers of the government of the state of Utah are divided into three distinct departments–the legislative, the executive, and the judicial; 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 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.”

Section 2. Regular sessions of the legislature shall be held bi-ennially at the seat of government: and except the first session thereof shall commence on the second Monday in January next after the election of members of the house of representatives.

Section 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 and their term of office shall be two years from the first day of January next after their election.

Section 4. The senators shall be chosen at the same times and places as members of the house of representatives by the qualified electors of the respective senatorial districts, and their term of office shall be for four years from the first day of January next after their election: provided, however, that the senators elected in 1896, shall be divided by lot into two classes as nearly equal as may be, and seats of senators of the first class shall be vacated at the expiration of two years; those of the second class at the expiration of four years, so that one half as near as possible shall be chosen bi-ennially thereafter. In case of increases 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.

Section 5.

Section 6. No person shall be eligible to the office of senator who is not a citizen of the United States, twenty-five 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.

Section 7. No personal shall be eligible to the office of representative who is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for two years of the state, and for one year of the district from which he is elected.

Section 8. 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 offices of profit or trust.

Section 9. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during the term for which he was elected.

Section 10. Members of the legislature shall, in all cases except treason or breach of the peace, be privileged from arrest fifteen days next preceding and during each session the legislature, and in returning from the same; and for words used in any speech or debate in either house, they shall not be question in any other place.

Section 11.

Section 12.

Section 13. Members of the Legislature shall receive such per diem and mileage as the Legislature may provide, not exceeding the sum of three dollars per day and ten cents per mile for the distance necessarily traveled going to the place of meeting on the most usual route, and they shall receive no other pay or perquisite.

Section 14. Each house shall be the judge of the election and qualification of its members and may punish them for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member for a cause.

Section 15. A majority of the members of each house 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 penalty as each house may prescribe.

Section 16.

Section 17.

Section 18.

Section 19.

Section 20.

Section 21.

Section 22.

Section 23.

Section 24.

Section 25.

Section 26.

Section 27.

Section 28.

Section 29.

Section 30.

Section 31.

Section 32.

Section 33.

Section 34.

Section 35.

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