CONSTITUTION

OF THE

STATE OF UTAH.

PREAMBLE.

Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government, do ordain and establish this

CONSTITUTION.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. [Inherent and inalienable rights.] All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.

Toleration of religious sentiment, art. 1, sec. 4; partisan qualifications in schools forbidden, art. 10, art 3, c. 1; Enabling Act, sec. 3. Religious or sec. 12. Freedom of speech, art. 1, secs. 11, 15.

SEC. 2. [All political power inherent in the people.] All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require.

SEC. 3. [Utah inseparable from the Union.] The State of Utah is an inseparable part of the Federal Union and the Constitution of the United States is the supreme law of the land.

SEC. 4. [Religious liberty.] The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No property qualification shall be required of any person to vote or hold office, except as provided in this Constitution.

sectarian establishments, art. 10, sec. 13; Enabling Act, sec. 3. Property qualifications, when required of voter, art. 4, sec. 7; art. 14, sec. 3. Qualifications of voter at general election, art. 4, secs. 2, 6.

Tole ration of religious sentiment, art. 1, sec. 1; art. 3. sec. 1: Enabling Act, sec. 3. Religious or partisan qualifications in schools forbidden, art. 10, c. 12. Public money not to be appropriated to NOTE.-The text of the constitution of Utah is a literal print of the original on file, except as to the blacketter lines preceding sections and inclosed in brackets.

SEC. 5.

[Habeas corpus.] The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it.

SEC. 6.

[Right to bear arms.] The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law.

SEC. 7. [Due process of law.] erty or property, without due process of

Due course of law, art. 1. sec. 11.

If the power of the legislature to pass a law is conceded, it cannot be said that there is any deprivation of liberty without due process of law.

No person shall be deprived of life, liblaw.

Holden v. Hardy, — U. —; 46 P. 756. A trial by eight jurors does not violate this section. State v. Bates, U. —; 47 P. 78.

SEC. 8. [Offenses bailable.] All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong.

SEC. 9.

[Excessive bail and fines. Cruel punishments.] Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.

SEC. 10. [Trial by jury.] In capital cases the right of trial by jury shall remain inviolate. In courts of general jurisdiction, except in capital cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction a jury shall consist of four jurors. In criminal cases the verdict shall be unanimous. In civil cases three-fourths of the jurors may find a verdict. A jury in civil cases shall be waived unless demanded.

This section is not in conflict with article six of the amendments to the constitution of the United States, which does not apply to trials under state laws, nor with the first section of the fourteenth amendment thereof, which has no application to jury trials under state laws in state courts and does not refer to the privileges and immunities of the individual as a citizen of the state, and does not

SEC. 11.

deprive any person of life, liberty, or property without due process of law, since the power is left with the people of the state to reduce the number of jurors. State v. Bates, U.; 47 P. 78. A trial by eight jurors does not violate this section, where the indictment charged murder in the sec ond degree, but the offense as described included murder in the first degree. Id.

[Courts open. Redress of injuries.] All courts shall be open. and every person, for an injury done to him in his person, property or reputation. shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.

Due course of law, art. 1, sec. 7.

SEC. 12. [Rights of accused persons.] In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense.

Actions must be tried in county where they arise, art. 8, sec. 5. Appeals, art. 8, sec. 9. Appeal to district court, decision final, art. 8, sec. 9.

The statute provided that "the granting of a new trial places the parties in the same position as if no trial had been had;" held, such statute is not repugnant to section 12 of article 1 of the constitu

tion, and a person found guilty of murder in the second degree under an indictment upon which he might have been convicted of murder in the first degree, which verdict had been set aside on his own motion, might again be put to trial for all the offenses charged in the indictment. State v. Kessler, U.; 49 P. 293.