SEC. 13. [Prosecution by information or indictment. Grand jury.] Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information after examination and commitment by a magistrate, unless the examination be waived by the accused with the consent of the State, or by indictment, with or without such examination and commitment. The grand jury shall consist of seven persons, five of whom must concur to find an indictment; but no grand jury shall be drawn of summoned unless in the opinion of the judge of the district, public interest demands it.

Prosecutions conducted in the name of "The State of Utah," art. 8, sec. 18. Any court may hold preliminary examination in case of felony, art. 8, sec. 21.

SEC. 14. [Unreasonable searches forbidden. Issuance of warrant.] The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated: and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized.

SEC. 15. [Freedom of speech and of the press. Libel.] No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Freedom of speech, art. 1, secs. 1, 11; art. 6, sec. 8.

SEC. 16. no imprisonment for debt except in cases of absconding debtors.

[No imprisonment for debt. Exception.]

There shall be

SEC. 17. [Elections to be free. Soldiers voting.] All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers, in time of war, may vote at their post of duty, in or out of the State, under regulations to be prescribed by law.

SEC. 18. [Attainder. Ex post facto laws. Impairing contracts.] No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed.

Obligation of debt heretofore contracted, art. 14,

see. 7.

Where an offense was committed prior to the adoption of the constitution, and the trial was had after such adoption, with a jury of eight; held,

that the accused was not deprived of any substantial right, and that the constitutional provision reducing the number of jurymen was not ex post facto and void. State v. Bates, — U. —; 47 P. 78.

[Treason defined. Proof.] Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act.

SEC. 20. [Military subordinate to the civil power.] The military shall be in strict subordination to the civil power, and no soldier in time of peace, shall be quartered in any house without the consent of the owner; nor in time of war except in a manner to be prescribed by law.

SEC. 21. [Slavery forbidden.]

Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State.

SEC. 22. [Private property for public use.] Private property shall not be taken or damaged for public use without just compensation.

SEC. 23. [Irrevocable franchises forbidden.] No law shall be passed

granting irrevocably any franchise, privilege or immunity.

SEC. 24. [Uniform operation of laws.] All laws of a general nature shall have uniform operation.

If general law applicable, special forbidden, art. 6. sec. 26.

A law providing that electors may vote for all the candidates of a party by making a cross opposite a party emblem, and requiring those who do

not vote for all such candidates to make a cross opposite the name of those voted for, and providing that only the names of party candidates shall be printed upon the ticket except upon petition; held, to be valid. Ritchie v. Richards, — U. —; 47 P. 670.

SEC. 25. [Rights retained by people.] This enumeration of rights shall not be construed to impair or deny others retained by the people.

SEC. 26. [Provisions mandatory and prohibitory.] The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

SEC. 27. [Fundamental rights.] Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

SECTION 1.

ARTICLE II.

STATE BOUNDARIES.

[State boundaries.] The boundaries of the State of Utah

shall be as follows:

Beginning at a point formed by the intersection of the thirty-second degree of longitude west from 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 thirty-fourth 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 thirtysecond 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.

The following ordinance shall be irrevocable without the consent of the United States and the people of this State:

[Religious toleration. Polygamy forbidden.] First:-Perfect toleration of religious sentiment is 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.

[Right to public domain disclaimed. Taxation of lands. Exemptions.] Second:-The people inhabiting this State do affirm and declare that they forever disclaim all right and 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 States, residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State: nor shall taxes be imposed by this State on lands or property herein, belonging to or 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.

[Territorial debts assumed.] 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.

[Free, non-sectarian schools.]

Fourth:-The Legislature shall make laws for the 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.

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

Religious or partisan qualifications forbidden, art. 10, sec. 12.

While suffrage is a privilege rather than a right, all regulations upon the subject must be reason

able and uniform, and a law providing that all male voters shall be taxpayers without imposing the same conditions upon female voters is void and of no effect. Lyman v. Martin, 2 U. 136.

SEC. 2. [Qualifications to vote.] 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.

Male citizens entitled to vote on constitution and at first election, art. 24, sec. 11. Property qualifications required in certain cases, art. 1, sec. 4; art. 4,

sec. 7; art. 14, sec. 2. Idiots, etc., disqualified, art. 4, sec. 6.

SEC. 3. [Electors: immunity from arrest.] In all cases except those of treason, felony 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.

SEC. 4. [Id. From militia duty.] No elector shall be obliged to perform militia duty on the day of election except in time of war or public danger.

SEC. 5. [Electors to be citizens of U.S.] No person shall be deemed a qualified elector of this State unless such person be a citizen of the United States. General qualifications of voter, art. 4, sec. 2.

SEC. 6. [Certain criminals, etc., ineligible to vote.] No idiot, insane person or person convicted of treason, or crime against the elective franchise, unless restored to civil rights, shall be permitted to vote at any election, or be eligible to hold office in this State.

Using public money unlawfully disqualifies voter, art. 13, sec. 8.

SEC. 7. [Property qualification forbidden, when.] Except in elections levying a special tax or creating indebtedness, no property qualification shall be required for any person to vote or hold office.

Property qualification, when required of voter, art. 1, sec. 4; art. 14, sec. 3.

SEC. 8. [Ballot to be secret.] All elections shall be by secret ballot. 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.

A provision of law for the marking and identification of ballots by numbering them is void, being in contravention of this section, requiring that

all elections shall be by secret ballot. Ritchie v. Richards, U.; 47 P. 670.

Terms begin, when.]

SEC. 9. [Elections, when held. All general elections, except for municipal and school officers, shall be held on the Tuesday next following the first Monday in November of the year in which the election is held. Special elections may be held as provided by law. The terms of all officers elected at any general election, shall commence on the first Monday in January next following the date of their election. Municipal and School officers shall be elected at such time as may be provided by law.

Time of holding first general state election, art. 24, sec. 14.

A territorial law authorizing a city council to

appoint the city attorney is not repugnant to this section. Whipple v. Henderson, 13 U. 484; 45 P. 274.

SEC. 10. [Oath of office.] 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) 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.

SECTION 1. [Three departments of government.] The powers of the government of the State of Utah shall be 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.

U. S. officials disqualified from holding office under state, art. 7, sec. 23. Officers disqualified as legislators, art. 6, sec. 6.

ARTICLE VI.

LEGISLATIVE DEPARTMENT.

SECTION 1. [Power vested in senate and house.] 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. Legislative, one of the three departments of government, art. 5, sec. 1.

The powers of the national government are those

delegated, while the powers of the state govern ment embrace such as are not forbidden. Holden v. Hardy, — U. —; 46 P. 756.

SEC. 2. [Time of regular sessions.] Regular Sessions of the Legislature shall be held bi-ennially 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. [Members, how and when chosen.] 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 bi-ennially thereafter. Their term of office shall be two years, from the first day of January next after their election.

Number of representatives, districts, art. 9, secs. 3, 4.

SEC. 4. [Senators, how and when chosen.] 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 one-half, as nearly as possible, shall be chosen bi-ennially 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. Number of senators, districts, art. 9, sec. 34.

SEC. 5. [Who eligible as legislator.] No person shall be eligible to the office of senator or representative, who is not a citizen of the United States, twentyfive 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.

SEC. 6. [Who ineligible.] 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.

Officers disqualified to hold state office, art. 5, sec. 1; art. 7, sec. 23.

SEC. 7. [Ineligibility of member to office created, etc.] No member of the Legislature, during the term for which he was elected, shall 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.

[Privilege from arrest.] Members of the Legislature, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during each sesssion 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.

Freedom of speech, art. 1, secs. 1, 15.

SEC. 9. [Compensation of members.] The members of the Legislature shall receive such per diem and mileage as the Legislature may provide, not exceeding four dollars per day, and ten 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.

Compensation at special sessions, art. 6, sec. 9.

SEC. 10. [Each house to judge of election, etc., of its members. Expulsion.] Each house shall be the judge of the election and qualifications 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 cause.

SEC. 11. [Majority is quorum. Attendance compelled.] 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 penalties as each house may prescribe.

SEC. 12. [Rules. Choosing officers.] Each house shall determine the rules of its proceedings, and choose its own officers and employees.

SEC. 13. [Elections to fill vacancies.] The Governor shall issue writs of election to fill vacancies that may occur in either house of the Legislature.

SEC. 14. [Journals. Yeas and nays.] 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, at the request of five members of such house, shall be entered upon the journal.

This section is mandatory. Ritchie v. Richards, — U.

47 P. 670.