SEC. 15. [Sessions to be public. Adjournments.] All sessions of the Legislature, except those of the Senate while sitting in executive session, shall be public; and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session.

When governor may adjourn, art. 7, sec. 7.

SEC. 16. [Duration of sessions.] 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 receive for compensation only the usual per diem and mileage.

Governor may call special session, art. 7, sec. 6.

SEC. 17. [Impeachment by house.] The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor.

SEC. 18. [Id. Trial by senate.] 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.

Senate a court of impeachment, art. 8, sec. 1.

SEC. 19. [Id. Judgment. Prosecution by law.] The Governor and other State and Judicial officers, except justices of the peace, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office; but judg ment 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.

SEC. 20. [Id. Service of articles.] No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted.

SEC. 21. [Removal of officers.] All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be provided by law.

Removal of judges, procedure, art. 8, sec. 11.

SEC. 22. [Enacting clause. Passage and amendments of law.] The enacting clause of every law shall be: "Be it enacted by the Legislature of the State of Utah," and no bill or joint resolution shall be passed, except with the assent of a majorty of all the members and after it has been read three times. bills shall be by yeas and nays; and no erence to its title only; but the act as re-enacted and published at length.

Action of governor upon bills, art. 7, sec. 8. Where it affirmatively appears upon the legislative journals or either of them, that in passing an act the legislature disregarded a mandatory provision of the constitution, the court is justified in holding the act unconstitutional and void; but where journals are merely silent as to the subject matter under investigation, the court will presume that the legislature acted in accordance with its

elected to each house of the Legislature The vote upon the final passage of all law shall be revised or amended by refrevised, or section as amended, shall be

SEC. 23. [Bill to contain only one subject.] Except general appropriation bills, and bills for the codification and general revision of laws, no bill

shall be passed containing more than one subject, which shall be clearly expressed in its title.

The title: "An act relating to and making sundry provisions concerning elections" limits its subject to elections, and is sufficiently definite; but provisions of such act relating to the filling of va

cancies in certain offices by appointment are invalid under this section. Ritchie v. Richards, — U. -; 47 P. 670. This section is mandatory. Id.

SEC. 24. [Presiding officers to sign bills.] The presiding officer of each house, in the presence of the house over which he presides, shall sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read immediately before signing, and the fact of such signing shall be entered upon the journal.

SEC. 25. [When acts take effect.] All acts shall be officially published, and no act shall take effect until so published, nor until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all the members elected to each house, shall otherwise direct. SEC. 26. [Enumeration of private laws forbidden.] The Legislature is prohibited from enacting any private or special laws in the following cases: 1. Granting divorce.

2. Changing the names of persons or places, or constituting one person the heir-at-law of another.

3. Locating or changing county seats.

4. Regulating the jurisdiction and duties of Justices of the Peace.

5. Punishing crimes and misdemeanors.

6. Regulating the practice of courts of justice.

7.

Providing for a change of venue in civil or criminal actions.

8. Assessing and collecting taxes.

9. Regulating the interest on money.

10.

Changing the law of descent or succession.

11. Regulating county and township affairs.

12. Incorporating cities, towns or villages; changing or amending the charter of any city, town or village; laying out, opening, vacating or altering town plats, highways, streets, wards, alleys or public grounds.

13. Providing for sale or mortgage of real estate belonging to minors or others under disability.

14. Authorizing persons to keep ferries across streams within the State. 15. Remitting fines, penalties or forfeitures.

16. Granting to an individual, association or corporation any privilege, immunity or franchise.

17. Providing for the management of common schools.

18. Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed. The Legislature may repeal any existing special law relating to the foregoing subdivisions.

In all cases where a general law can be applicable, no special law shall be enacted.

Nothing in this section shall be construed to deny or restrict the power of the legislature to establish and regulate the compensation and fees of county and township officers; to establish and regulate the rates of freight, passage, toll and charges of railroads, toll roads, ditch, flume and tunnel companies, incorporated under the laws of the State or doing business therein.

Location and relocation of county seats, art. 11, see. 2. General municipal incorporation act shall be passed, art. 11. sec. 5. Laws of general nature

have uniform application, art. 1. sec. 24. Law establishing maximum freight rates to be passed, art. 12, secs. 12, 15.

SEC. 27. [Legislature cannot release certain debts.] The Legislature shall have no power to release or extinguish, in whole or in part, the indebted

ness, liability or obligation of any corporation or person to the state, or to any municipal corporation therein.

State not to assume debt of county, city, etc., art. 14, sec. 6.

SEC. 28. [Lotteries forbidden.] The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.

SEC. 29. [Municipal powers not to be delegated.] The legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions.

SEC. 30. [Extra compensation to officers and contractors forbidden.] The Legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and performed in whole or in part, nor pay or authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without authority of law: Provided, That this section shall not apply to claims incurred by public officers in the execution of the laws of the State.

SEC. 31. [Lending public credit forbidden.] The Legislature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking.

ARTICLE VII.

EXECUTIVE.

SECTION 1. [Executive department. Terms, residence, and duties of officers.] The Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, and Superintendent of Public Instruction, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election, except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A. D. 1901. The officers of the Executive Department, during their terms of office, shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law.

First election for state officers, art. 24, secs. 11, 12.

SEC. 2. [Election. Tie: legislature to elect.] The officers provided for in section one of this article, shall be elected by the qualified electors of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. Tie vote for district judge at first election, how decided, art. 24, sec. 13.

SEC. 3. [Qualifications of governor, etc.] No person shall be eligible to the office of Governor or Secretary of State unless he shall have attained the age of thirty years at the time of his election, nor to the office of Attorney-General unless he shall have attained the age of twenty-five years at the time of his election, and have been admitted to practice in the Supreme Court of the Territory or of the State of Utah, nor unless he shall be in good standing at the bar at the time of

his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified elector, and shall have been a resident citizen of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors.

SEC. 4. [Governor commander-in-chief.] The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion.

[Duties of governor.] The Governor shall see that the laws are faithfully executed; he shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient.

SEC. 6. [Id. May convene extra session.] On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive busi

ness.

Special session, art. 6, sec. 16.

SEC. 7. [Id. May adjourn legislature, when.] In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature. Adjournment of legislature, art. 6, sec. 15.

SEC. 8. [Bills presented to governor. Veto. Appropriation bills.] Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If, after such reconsideration, it again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a law, notwithstanding the Governor's objections. If any bill be not returned within five days after it shall have been presented to him, (Sunday, and the day on which he received it excepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contain several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item

or items shall not take effect unless passed over the Governor's objection as in this section provided.

SEC. 9. [Governor may fill certain vacancies.] When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office.

General election, art. 4, sec. 9. Special election for member of legislature, art. 6, sec. 13.

SEC. 10. [Governor's appointive power. Vacancies.] The Governor shall nominate, and by and with the consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occur in any State or district office, the Governor shall appoint some fit person to discharge the duties thereof until the next meeting of the Senate, when he shall nominate some person to fill such office. If the office of justice of the supreme or district court, Secretary of State, State Auditor, State Treasurer, Attorney-General or Superintendent of Public Instruction be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided. The term of office of a district judge appointed 1901, expired upon the qualification of his successor in 1896 to fill a vacancy caused by the resignation elected in November, 1896. Ritchie v. Richards, of a judge whose term extended until January, U.; 47 P. 670.

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SEC. 11. [Vacancy in office of governor.] In case of the death of the Governor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation, or absence from the State, the powers and duties of said office shall devolve upon the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Secretary of State resign, die or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore of the senate shall act as Governor until the vacancy be filled or the disability cease. While performing the duties of the Governor as in this section provided, the Secretary of State, or the President pro tempore of the Senate, as the case may be, except in cases of temporary disability, or absence from the State, shall be entitled to the salary and emoluments of the Governor.

SEC. 12. [Board of pardons. Respites and reprieves.] Until otherwise provided by law, the Governor, Justices of the Supreme Court and AttorneyGeneral shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, and with such limitations and restrictions as they deem proper, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed, with all papers used upon the hearing, in the office of the Secretary of State.

The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue or determine