The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-28

The first signs of the expected con-
test over the question of bounty for
private institutions in the new state
were evident yesterday when the
Democratic minority of the committee
on the legislative filed a report dissent
ing from the majority as to the extent
of limitations on the power of the leg
islature and proposing sections for the
legislative article which will effeotu-
ally defeat any attempt to give boun-
des. The committee on legislative re-
ported the following article on that
subject and it took Its regular place
on the calendar of the committee of
the whole:
Distribution of Powers.
Sec. 1.-The powers of the government
of the state of Utah are divided into
three distinct departments-the legis-
lative, the executive and the judicial;
and no person charged with the eXer-
else of powers properly belonging to
one of these departments shall exercise
any functions appeutaining to either
of the others, except in the cases
herein expressly directed or permitted.
Legislative Department..
Sec. The legislative power of this
state shall be vested in a senate and
mouse of representatives, which shall
be designated 1.-The legislature Of the
state Of Utah
Sec. Irregular sessions of the lesis-
iature 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, but the gov
,.rnor may convene the legislature in
special session by proclamation.
Section S-The members of the house
% representa- tives after the first cleo
dior shall be chosen by the qualified
electors of the respective representa-
tive 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.
Sec. AThe senators shall be chosen
at the same times and places as mem
soers of the house of representatives
nv the qualified electors of the respect
Ave senatorial districts, and them term
y,f office shall be for four years from
the first day of January next atter
their election; provided, however, hhde
ms. senators elect at the first session OF
fhe legislature, shall be DIVIDED by iot
sn+o two classes as nearly equal as
NAV he and seats of senators OF 0ne
firsf class shall be vacated at the ex-
niration of two years; those OF She
second class at the expiration OF louT
wears. so that one half as near as pos
s7lnle shall be chosen bi-ennlally tnere-
after In case of increase in the num-
1ar of senators, they shall be annexed
Nv LOT IN one or the other OF the two
classes so as to keep them as nearly
equal as practicable
Sec. 5-The first legislature shaIi
consist of senators and representative
and shall be apportioned as PROVIDED
for in this constitution the NUMBER VI
senators and representatives may ne
sncreased iby law from time TO time,
provided. the number of representa-
lives shall never be less than twice
that of the senators, and PROVIDED Iur-
,ner, that the senators snail never eA-
coed thirty in number.
Qualifications of officers.
Sec. 6-No person shall be eligible to
fhe office of senator who Is not d GU
zen of the United States, twenty-five
years of age, a qualified voter IN the
district from which he IS CHOSEN
resident for three years or the state
.,nd for. one year of the district from
which he is elected
Sec. mo person shall be elglple no
4ba Office Of representative who Is not
c;tizan of the United States, twenty
one years of age, a quallhed voter IN
Aha district from which he IS chosen,
= resident for two years of the state,
and for one year of the district from
which he is elected.
SEE S-4No person holding any public
office of profit or trust under auuhorpty
Of the United States or OF this state
shall he a, member of the legislature;
,1rovided that appointments in the
state militia. and the offices OF notary
,,11hlic 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
see e-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 emoIuments Of which shall have
been increased during the term Tor
which he was elected.
Sec. 1O-AIembers of the legislature
shall. in all cases except treason,
felony or breach of the peace, be
privileged from arrest fifteen days next
preceding and during each session Of
the legislature, and in returning from
the same; and for words used IN any
sspesch or debate in either house, they
shall not be questioned in any other
zee.
!. 11-Each member of the fegisla-
ar, and ofic-s- thereof, before enter
sng upon his official duties shall take
and subscribe an oath or affirmation,
that he will support the Constitution
of the United States. and the Constitu-
zion of the state of Utah. and faith
fully discharge the duties of his office
10 the best of his ability. Any mem
Der of the legislature who shall be
convicted of having sworn or affirmed
falsely in his official oath shall forfeit
his office and be disqualified thereafter
rom holding the Office of senator or
representative or any office within the
gift of the legislature
Sec 12-ThIs oatn shall be admins
tered by a Judge of the supreme court,
nffieer of the house to which the mem
Der or officer is elected.
Tne Question of Cash.
Sec. 1s-The members of the legisla-
fire shall receive for their services the
sr,r1 of 81 per day curing the sessions
of the legislature ard 10 cents for
every mile of necessary travel in 60
ing to and returning from the place Of
meeting on the most usual route, and
they shall receive Do other pay or per-
1uisite.