« PreviousContinue »
signed and transferred, and the same shall be payable to the county, municipality or school district, as the case may be, and payment thereof be enforced under the laws of the State.
Sec. 6. All criminal prosecutions, and penal ac- Criminal actions, which may have arisen, or which may arise before on fending the change from a Territorial to a State government, committed to be and which shall then be pending, shall be prosecuted the name of the to judgment and execution in the name of the State, and in the court having jurisdiction thereof. All offenses committed against the laws of the Territory of l'tah, before the change from a Territorial to a State government, and which shall not have been prosecuted before such change, may be prosecuted in the name and by the authority of the State of Utah, with like effect as though such change had not taken place, and all penalties incurred shall remain the same, as if this Constitution had not been adopted.
Sec. 7. All actions, cases, proceedings and mat- Pending actions ters pending in the supreme and district courts of the State courts. Territory of Utah, at the time the State shall be admittel into the Union, and all files, records and indictments relating thereto, except as otherwise provided herein, shall be appropriately transferred to the supreme and district courts of the State respectively; and thereafter all such actions, matters and cases shall he proceeded with in the proper State courts. All actions, cases, proceedings and matters which shall be pendling in the district courts of the Territory of Utah, at the time of the admission of the State into the Union, whereof the United States circuit or district courts might have had jurisdiction had there been a State government at the time of the commencement thereof respectively, shall be transferred to the
the proper United States circuit and district courts respectively; and all files, records, indictments and proceedings relating thereto, shall be transferred to said United States courts; Providei, That no civil actions, other than causes and proceedings of which the said United States courts shall have exclusive jurisdiction, shall be transferred to either of said United States courts except upon motion or petition by one of the parties thereto, made under and in accordance with the act or acts of the Congress of the United States, and such motion and petition not being made, all such cases shall be proceeded with in the proper State courts.
Sec. 8. Upon a change from Territorial to State Seal of supreme government, the seal in use by the supreme court of
the Territory of Utah, until otherwise provided by law, shall pass to and become the seal of the supreme court of the State, and the several district courts of the State may adopt seals for their respective courts, until otherwise provided by law.
Sec. 9. When the State is admitted into the Union, Records of and the district courts in the respective districts are transferred to organized, the books, records, papers and proceedings
of the probate court in each county, and all causes and matters of administration pending therein, upon the expiration of the term of office of the probate judge on the second Monday in January, 1896, shall pass into the jurisdiction and possession of the district court, which shall proceed to final judgment or decree, order or other determination in the several matters and causes, as the Territorial probate court might have done, if this Constitution had not been adopted. And until the expiration of the term of office of the probate judges, such probate judges shall perform the duties now imposed upon them by the laws of the Territory. The district courts shall have appellate and revisory jurisdiction over the decisions of the probate courts as now provided by law, until such latter courts expire by limitation.
Sec. 10. All officers, civil and military, now holdAll officers con- ing their offices and appointments, in this Territory by
authority of law, shall continue to hold and exercise their respective offices and appointments until superseded under this Constitution; Prorided, That the provisions of this section shall be subject to the provisions of the act of Congress, providing for the admission of the State of Utah, approved by the President of the United States on July 16, 1894.
Sec. 11. The election for the adoption or rejection of this Constitution, and for State officers herein provided for, shall be held on the Tuesday next after the first Monday in November, 1895, and shall be conducted according to the laws of the Territory and the provisions of the Enabling Act; the votes cast at said election shall be canvassed, and returns made in the same manner as was provided for in the election for
delegates to the constitutional convention. Proriseil, Qualifications of That all male citizens of the United States, over the
age of twenty-one years, who have resided in this
Election for adoption of Constitution.
Territory for one year next prior to such election, are hereby authorized to vote for or against the adoption of this Constitution and for the State officers herein provided for. The returns of said election shall be Returns, how made to the Utah Commission, who shall cause the certified. same to be canvassed, and shall certify the result of the vote for or against the Constitution, to the President of the United States, in the manner required by the Enabling Act; and said commission shall issue certificates of election to the persons elected to said offices severally, and shall make and file with the Secretary of the Territory, an abstract, certified to by them, of the number of votes cast for each person for each of said offices, and of the total number of votes cast in each county.
Sec. 12. The State officers to be voted for at the state officers to time of the adoption of this Constitution, shall be a Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Public Instruction, members of the Senate and House of Representatives, three supreme judges, nine district judges, and a Representative to Congress.
Sec. 13. In case of a contest of election between Contest for candidates, at the first general election under this Con- determined. stitution, for judges of the district courts, the evidence shall be taken in the manner prescribed by the Territorial laws, and the testimony so taken shall be certified to the Secretary of State, and said officer, together with the Governor and the Treasurer of the State, shall review the evidence and determine who is entitled to the certificate of election.
Sec. 14. This Constitution shall be submitted for constitution to adoption or rejection, to a vote of the qualified electors of the proposed State, at the general election to be held on the Tuesday next after the first Monday in November, A. D. 1895. At the said election the ballot shall be in the following form:
For the Constitution. Yes. No.
As a heading to each of said ballots there shall be printed on each ballot the following instructions to voters:
All persons desiring to vote for the Constitution must erase the word "No."
All persons desiring to vote against the Constitution must erase the word “Yes."
Sec. 15. The Legislature, at its first session, shall
Form of ballot. C
When terms of
Election of offi- provide for the election of all officers whose election is vided for in the not provided for elsewhere in this Constitution, and fix
the time for the commencement and duration of their terms.
Sec. 16. The provisions of this Constitution shall When Constitu- be in force from the day on which the President of the
United States shall issue his proclamation declaring the State of Utah admitted into the Union; and the
terms of all officers elected at the first election under officers begin. the provisions of this Constitution, shall commence on
the first Monday, next succeeding the issue of said proclamation. Their terms of office shall expire when their successors are elected and qualified under this Constitution.
Done in convention, at Salt Lake City, in the Territory of Utah, this eighth day of May, in the year of our Lord one thousand eight hundred and ninety-five, and of the Independence of the United States the one hundred and nineteenth.
LAWS OF UTAH.
PASSED AT THE SPECIAL SESSION OF THE FIRST
AN ACT to fix the time for the convening in regular session of the First
Legislature of the State of Utah.
Be it enacted by the Legislature of the State of Utah:
That the first regular session of the Legislature Time of of the State of Utah shall commence on Tuesday the legislature.
. seventh day of January A. D. 1896, at the hour of four o'clock p. m. of said day.
This act shall take effect immediately.