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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

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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 e694535)
There is 1 proposed amendment related to this document on which a decision has 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. Each house shall determine the rules of its proceedings and choose its own officers and employees.

Section 17. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

Section 18. Each house shall keep a journal of its proceedings which, except in case of executive sessions, shall be published, and the yeas and nays on any question shall, at the request of five members of such house be entered upon the journal.

Section 19. All sessions of the legislature shall be public, except the senate while sitting in executive session, and neither house 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 holding session.

Section 20. 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 only receive for compensation the usual per diem and mileage.

Section 21. The house of representatives shall have the sole power of impeachment, two-thirds of all the members elected voting therefor.

Section 22. 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.

Section 23. The governor and other state and judicial officers, except justices of the peace, shall be liable to impeachment for high crimes or 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.

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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