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This is a work in progress, so take it with a grain of salt. You might also be interested in my Guide to the Utah Legislature.
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We, the people of the State of Utah, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquillity and form a more perfect government, do establish this CONSTITUTION.
Section 1. All men are possessed of equal and inalienable natural rights, among which are life, liberty and the pursuit of happiness.
Section 2. All free governments are founded on the authority of the people, and instituted for their equal protection and benefit.
Section 3. The right of trial by jury shall remain forever inviolate.
Section 4. The right to worship God, according to the dictates of conscience, shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of, or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any election, nor shall any person be incompetent to testify on account of religious belief.
Section 5. The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require its suspension.
Section 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted.
Section 7. All persons shall be bailable by sufficient sureties; unless for capital offences, when the proof is evident or the presumption great.
Section 8. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger, nor shall any person for the same offence be twice put in jeopardy; nor be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Section 9. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
Section 10. The State shall pass no law abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and petition the government for the redress of grievances.
Section 11. The military shall be subordinate to the civil power.
Section 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law.
Section 13. Representation shall be apportioned according to population.
Section 14. There shall be no imprisonment for debt, except in cases of fraud.
Section 15. Foreigners who are, or who may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, transmission and inheritance of property as native born citizens.
Section 16. 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 on probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things, to be seized.
Section 17. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Section 18. The right of citizens to keep and bear arms, for common defence, shall not be questioned.
Section 19. The blessings of free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
Section 20. This enumeration of rights shall not be construed to impair or deny others retained by the people.
Section 1. Every citizen of the United States, not laboring under the disabilities named in this constitution, of the age of twenty-one years and over, who shall have resided in the State six months, and in the county thirty days, next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; Provided, That no person who has been or may be convicted of treason or felony, in any State or Territory of the United States, unless restored to civil rights, shall be entitled to the privileges of an elector.
Section 2. During the day on which any general election shall be held, no elector shall be obliged to perform military duty, except in time of war or public danger.
Section 3. All elections by the people shall be by secret ballot.
Section 4. Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage.
Section 1. The powers of the government of the State of Utah shall be divided into three separate departments, the legislative, the executive and the judicial; and neither of said departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.
Section 1. The legislative authority of this State shall be vested in a legislature, which shall consist of a senate and house of representatives, and the sessions thereof shall be held at the seat of government.
Section 2. The sessions of the legislature shall be biennial, and, except at the first session thereof, shall commence on the second Monday in January next ensuing the election of members of the house of representatives, unless the governor shall convene the legislature by proclamation.
Section 3. The members of the house of representatives shall, except at the first election, be chosen biennially, by the qualified electors of their respective districts, on the first Monday in August, and their term of office shall be two years from the day next after their election.
Section 4. The senators shall be chosen by the qualified electors of their respective districts, at the same time and places as the members of the house of representatives, and their term of office shall be four years from the day next after their election, except as herein otherwise provided.
Section 5. The first legislature shall consist of thirteen senators and twenty-six representatives; the number of senators and representatives may be increased, but the senators shall never exceed thirty in number, and the number of representatives shall never be less than twice that of the senators. The apportionment and increase of the members of both houses shall be as prescribed by law.
Section 6. No person shall be a senator who shall not have attained the age of twenty-five years, nor shall any person be a senator or representative who shall not be a citizen of the United States, and who, except at the first election, shall not have been two years a resident of this State, and for one year next preceding his election a resident of the district in which he is elected. No person holding any State office except officers of the State Militia, commissioners of deeds and notaries public, and no executive or judicial officer shall have a seat in the legislature.
Section 7. The members of the legislature shall, before entering upon their official duties, take an oath or affirmation to support the Constitution of the United States and of this Slate, and faithfully to discharge the duties of their respective offices.
Section 8. Each house shall judge of the qualifications, elections, and returns of its own members, may punish them for disorderly conduct, and with the concurrence of two-thirds of its whole number, expel a member.
Section 9. No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by election by the people.
Section 10. Members of the legislature, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the legislature, and for fifteen days next before the commencement and after the termination thereof.
Section 11. When a vacancy occurs in either house, the governor shall order an election to fill such vacancy.
Section 12. A majority of all the members elected to each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
Section 13. Each house shall establish its own rules, keep a journal of its own proceedings, and publish them, except such parts as require secrecy, and the yeas and nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal.
Section 14. The door of each house shall be kept open during its session, except the senate while sitting in executive session; and neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it may be holding session.
Section 15. The enacting clause of every law shall be as follows: "Be it enacted by the legislature of the State of Utah."
Section 16. Any bill or joint resolution may originate in either house of the legislature, and shall be read three times in each house before the final passage thereof, and shall not become a law without the concurrence of a majority of all the members elected to each house. On the final passage of all bills the vote shall be by yeas and nays, which shall be entered on the journal.
Section 17. No law shall be revised or amended by reference to its title only, but the act as revised, or section as amended, shall be enacted and published at length.
Section 18. All bills or joint resolutions passed by the legislature shall be signed by the presiding officers of the respective houses.
Section 19. The legislature shall not grant any special privilege or bill of divorce, nor authorize any lottery, gift enterprise or game of chance.
Section 20. No money shall be drawn from the treasury except as appropriated by law.
Section 21. Provision shall be made by law for bringing suit against the State.
Section 22. The first regular session of the legislature may extend to one hundred and twenty days, but no subsequent regular session shall exceed sixty days, nor shall any session convened by the governor exceed twenty days.
Section 23. The members and officers of the legislature shall receive for their services a compensation to be fixed by law, and no increase of such compensation shall take effect during the term for which the members and officers of either house shall have been elected.
Section 24. Every bill passed by the legislature shall be presented to the governor. If he approve it, he shall sign it, whereupon it shall become a law; but if not, he shall return it, with his objections, to the house in which it originated, which house shall cause such objections to be entered upon its journal, and proceed to reconsider it. If, after such consideration, it again pass both houses, by a vote of two-thirds of the members elected to each house, it shall become a law, notwithstanding the governor's objections. If any bill shall not be returned within five days after it shall have been presented to him, Sunday excepted, exclusive of the day on which he received it, the same shall be 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 not become a law unless the governor, within five days after the adjournment, shall file such bill, with his approval thereof, in the office of the secretary of State.
Section 1. The supreme executive power of this State shall be vested in a governor.
Section 2. The governor shall be elected by the qualified electors at the time and places of voting for the members of the legislature, and shall hold his office for the term of two years, and until his successor shall be qualified.
Section 3. No person shall be eligible to the office of governor who is not a qualified male elector, and who, at the time of such election, has not attained the age of twenty-five years, and who, except at the first election under this constitution, shall not have been a citizen resident of this State for two years next preceding the election.
Section 4. The governor shall be commander-in-chief of the military forces of this State, and may call out the same to execute the laws, suppress insurrection, and repel invasion; and when the governor shall, with the consent of the legislature, be out of the State in time of war, and at the head of any military force thereof, he shall continue commander-in-chief of the military forces of the State.
Section 5. He shall transact all executive business for and in behalf of the State, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective offices.
Section 6. When any office shall from any cause become vacant, and no mode is prescribed by the constitution and laws for filling such vacancy the governor shall have power to fill such vacancy by appointment, which shall expire when such vacancy shall be filled by due course of law.
Section 7. He shall see that the laws are faithfully executed.
Section 8. The governor may, on extraordinary occasions, convene the legislature by proclamation, and shall state to both houses when organized the purpose for which they have been convened.
Section 9. He shall communicate by message to the legislature, at every regular session, the condition of the State, and recommend such measures as he may deem expedient.
Section 10. The governor shall have power to grant reprieves, commutations and pardons, after conviction, of all offenses except impeachment, subject to such regulations as may be provided by law.
Section 11. A lieutenant-governor shall be elected at the same time and places and in the same manner as the governor, and his term of office and his eligibility shall also be the same. He shall be the president of the senate, but shall only have a casting vote therein. In case of impeachment of the governor, or his removal from office, death, inability to discharge the duties of said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease; and in case of the disability of both the governor and lieutenant-governor, the powers and duties of the executive shall devolve upon the secretary of State, until such disability shall cease, or the vacancy be filled.
Section 12. A secretary of State, a treasurer, an auditor, a surveyor-general, a superintendent of public instruction, and an attorney-general, shall be elected at the same time and places, and in the same manner as the governor; the term of office of each shall be the same as is prescribed for the governor. Any male elector who, except at the first election, shall have resided in this State two years, next preceding such election, shall be eligible to any of said offices, except the secretary of State, whose qualifications shall be the same as those of the governor.
Section 13. There shall be a seal of the State, kept by the secretary of State which shall be called the ''Great Seal of the State of Utah."
Section 14. All grants and commissions shall be in the name and by the authority of the State of Utah, and shall be signed by the governor, and countersigned by the secretary of Slate, who shall affix the great seal of the State thereto.
Section 15. The secretary of State shall be the custodian of the official acts of the legislature, and shall keep a true record of the proceedings of the executive department of the government, and shall, when required, lay the same and all other matters relative thereto before either branch of the legislature.
Section 16. The secretary of State, treasurer, auditor surveyor-general, superintendent of public instruction, and attorney -general shall perform such other duties as may be prescribed by law.
Section 17. The governor shall not, during the term for which he is elected and qualified, be elected to the Senate of the United States.
Section 1. The judicial power of this State shall be vested in a supreme court, circuit courts, and such inferior courts as shall be established and whose jurisdiction shall be determined by law.
Section 2. The supreme court shall consist of a chief justice and two associate justices, a majority of whom shall constitute a quorum.
Section 3. The justices of the supreme court shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of six years from and including the first Monday in January next succeeding their election; the senior justice in commission shall be chief justice and in case the commissions of any two or more of said justices shall bear the same date, they shall determine by lot who shall be chief justice.
Section 4. The supreme court shall have appellate jurisdiction in all cases arising under the laws of the State, including special proceedings. The court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the supreme court, or before any circuit court in the State, or before any judge of said courts.
Section 5. The State shall be divided into three or more judicial circuits, in each of which shall be elected, by the electors thereof, one judge, who shall be the judge of the circuit court therein, and whose term of office shall be four years, and until his successor shall be elected and qualified. Until otherwise provided by law, there shall be three circuits, as follows: The counties of Rich, Cache, Box Elder, Weber, Davis, Morgan and Summit shall constitute the first circuit; the counties of Salt Lake, Tooele, Utah, Juab, Wasatch, Uintah, Sanpete and Emery shall constitute the second circuit; and the counties of Sevier, Millard, Beaver, Piute, San Juan, Garfield, Iron, Washington and Kane shall constitute the third circuit.
Section 6. The circuit courts shall have both chancery and common law jurisdiction, and such other jurisdiction, both original and appellate, as may be prescribed by law; Provided, That nothing herein shall be so construed as to prevent the legislature from conferring limited common law or chancery jurisdiction upon inferior courts.
Section 7. The judges of the circuit courts may hold court for each other, and shall do so when required by law.
Section 8. The judges of the supreme and circuit courts shall be ineligible to election to any other than a judicial office.
Section 9. No person shall be eligible to the office of supreme or circuit judge who is not a male citizen of the United States, and has not attained the age of twenty-five years, and who, except at the first election, has not been a resident of this State at least two years next preceding his election.
Section 10. The judges of the supreme and circuit courts shall each receive for his services a salary to be fixed by law, which shall not be diminished for the term for which he shall have been elected.
Section 11. There shall be one or more terms of the circuit court held annually at the county seat in each county, at such times as shall be prescribed by law; Provided, That two or more counties may be consolidated for judicial purposes.
Section 12. The supreme court shall be always open for business, except in cases of adjournment which, in no case, shall exceed thirty days, nor shall any adjournment be taken while business requires the court to be in session. Its sessions shall be held at the seat of government.
Section 13. The style of all process shall be "The State of Utah," and all prosecutions shall be conducted in the name and by the authority of the same.
Section 1. The house of representatives shall have the sole power of impeachment, and all impeachments shall be tried by the senate. When sitting as a court of impeachment, the senators shall be upon oath or affirmation to do justice according to law and evidence, and no person shall be convicted without the concurrence of two thirds of all the members.
Section 2. The governor, judges of the supreme and circuit courts, and other state officers shall be liable to impeachment. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside, and in all cases judgment shall extend only to removal from office and disqualification to hold any office of honor, trust or profit under this State, but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law.
Section 3. When an impeachment is directed, the house of representatives shall elect from their own body three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the legislature, when the senate shall proceed to try the same.
Section 4. In all impeachment trials the accused shall have the right to appear, and in person, and by counsel, to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf.
Section 5. All State officers shall be liable to impeachment for corrupt conduct in office, for immoral conduct, for habitual drunkenness, and for any act which, by the laws of the State, may be made a felony.
Section 6. The legislature shall provide by law for the removal of any officer elected by a district, county, precinct or school district.
Section 1. The legislature shall pass no special act conferring corporate powers.
Section 2. The legislature shall provide for the organization of cities, towns and villages, by general laws, and restrict their powers of taxation, assessment, borrowing money, contracting debts and loaning their credit; but for sanitary purposes and procuring supplies of water for irrigation and other purposes, municipal corporations may borrow money to such amount as may be determined by a two-thirds vote of the electors thereof.
Section 3. The legislature shall provide, by general laws, for the organization of private corporations.
Section 4. This State shall not donate or loan money, or its credit, subscribe to, or be interested in, the stock of any company, association or corporation, except corporations formed for educational, charitable, reformatory or irrigation purposes, which are to be and remain under the patronage and control of the State.
Section 1. The legislature shall provide by law for an annual tax, sufficient to defray the expenses of the State.
Section 2. The State shall not assume or guarantee the debts of any county, city, town, village or private corporation nor loan money or its credit to or in aid of any individual.
Section 1. The legislature shall by law provide for a uniform and equal rate of taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory; Provided, that mines and mining claims bearing gold, silver, and other precious metals, except the net proceeds and surface improvements thereof, shall be exempt from taxation for the period of ten years from the date of the adoption of this constitution, and thereafter may be taxed as provided by law.
Section 2. The property of the United States, and the property of this State, shall be exempt from taxation, and such property as may belong to any county or municipal corporation or as may be used exclusively for agricultural, horticultural, and scientific societies, or for school, religious, cemetery, or charitable purposes, may be exempt from taxation, but such exemptions shall be only by general law.
Section 3. The legislature shall not impose taxes for the purpose of any county, city, town, or other corporation, but may by law vest in the corporate authorities thereof respectively the power to assess and collect taxes for all purposes of such corporations.
Section 4. The property of non-residents shall never be taxed higher than that of residents.
Section 1. The legislature shall provide for a uniform system of public schools, and may establish free schools. Provided, That no sectarian or denominational doctrines shall be taught in any school supported in whole or in part by public funds.
Section 2. All legislation in regard to education shall be impartial, guaranteeing to all persons of every race, color and religion, equal rights and privileges.
Section 3. The proceeds of all lands that have been or may be granted by the United States to this State for the support of schools, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of the public schools throughout the State.
Section 4. The University of Deseret shall be the University of this State, and be under the control of the legislature, and constitute a public trust. The proceeds of all lands that have been granted by Congress for university purposes, shall be and remain a perpetual fund, the interest of which, together with the rents of unsold lands, shall be appropriated to the support of said university.
Section 5. No religious sect or denomination shall ever control or appropriate to its own use, any of the public school or university funds of the State.
Section 1. The militia of the State shall be composed of all able-bodied male citizens between the ages of eighteen and forty-five years, except such as are, or may hereafter be, exempted by the laws of the United States or of this State, and shall be armed, equipped and disciplined as the legislature may provide by law.
Section 2. All officers of the militia shall be elected by persons liable to military duty, in such manner as the Legislature may provide. Staff officers shall be chosen from officers of the line.
Section 1. Institutions for the benefit of the insane, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State.
Section 2. A State prison shall be established and maintained in such manner as may be prescribed by law.
Section 3. The respective counties of the State shall provide, as may be prescribed by law, for those inhabitants who, by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society.
The boundary of the State of Utah shall be as follows: Commencing 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 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 thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree west longitude to the place of beginning.
Section 1. The seat of government shall be at Salt Lake City, or such place as the legislature may determine.
Section 2. No person shall be eligible to any elective office who is not a qualified elector, and no female citizen shall be eligible to serve as juror.
Section 3. The general election shall be held on the first Monday in August of each year, unless otherwise provided by law.
Section 4. The legislature shall provide for the speedy publication of all laws.
Section 5. The compensation of all State officers shall be as prescribed by law; Provided, No change of salary or compensation shall apply to any officer, except a judge of the supreme or circuit court, during the term for which he may have been elected.
Section 6. All executive officers of the State shall keep their respective offices at the seat of government.
Section 7. A plurality of votes given at any election by the people shall constitute a choice, where not otherwise provided by the constitution.
Section 8. No person holding any office of honor or profit under the government of the United States, shall hold office under the government of this State, except postmasters whose annual compensation does not exceed three hundred dollars, and except as otherwise provided in the constitution.
Section 9. The returns of every election, except the first for governor and other State officers, shall be sealed up and transmitted to the seat of government by the returning officers, directed to the president of the senate, who, during the first week of the session, shall open and publish them, and declare the result in the presence of a majority of the members of each house of the legislature. The person having the highest number of votes shall be declared duly elected, but if any two or more shall be highest and equal in numbers of votes for the same office, one of them shall be chosen by the "joint vote of both houses.
Section 10. All officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States, and of the State of Utah, and will faithfully discharge the duties of the office of , according to the best of my ability.
Section 11. Until otherwise provided by law, the several counties, as they now exist, are hereby recognized as legal subdivisions of this State.
Section 12. All property, real and personal, owned by either husband or wife before marriage, and that acquired by either of them afterwards, by purchase, gift, devise or descent, shall be the separate property of each.
Section 1. Any amendment or amendments to this constitution, if agreed to by a majority of all the members elected to each of the two houses of the legislature, shall be entered on their respective journals, with the yeas and nays taken thereon, and referred to the legislature then next to be elected, and shall be published for three months next preceding the time of such election, and if in the legislature next elected as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the "duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the legislature shall prescribe, and if the people shall approve and ratify such amendment or amendments, by a majority of the qualified electors voting thereon, such amendment or amendments shall become a part of the constitution.
Section 2. If at any time the legislature, by a vote of two-thirds of the members elected to each house, shall determine that it is necessary to cause a revision of this constitution, the electors, shall vote at the next election for members of the legislature, for or against a convention for that purpose, and if it shall appear that a majority of the electors voting at such election shall have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for calling a convention, to be held within six months after the passage of such law; and such convention shall consist of a number of members not less than that of the two branches of the legislature.
Section 1. That no inconvenience may arise by reason of a change from a territorial to a State government, it is declared that all rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, both public and private, shall continue as if no change had taken place, and all process which may issue under the authority of the Territory of Utah previous to its admission into the Union shall be as valid as if issued in the name of the State of Utah.
Section 2. All laws of the Territory of Utah, in force at the time of the admission of this State, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the legislature.
Section 3. All fines, penalties and forfeitures accruing to the Territory of Utah, or to the people of the United States in the Territory of Utah, shall inure to this State, and all debts, liabilities and obligations of said Territory, shall be valid against the State, and enforced as may be provided by law.
Section 4. All recognizances heretofore taken, or which may be taken before the change from a territorial to a State government, shall remain valid and shall pass to and be prosecuted in the name of the State; and all bonds executed to the governor of the Territory, or to any other officer or court, in his or their official capacity, or to the people of the United States in the Territory of Utah, shall pass to the governor or other officer or court, and his or their successors in office, for the uses therein respectively expressed and may be sued on and recovery had accordingly; and all revenue, property, real, personal, or mixed, and all judgments, bonds, specialties, cases in action, claims and debts, of whatsoever description, and all records and public archives of the Territory of Utah, shall issue and vest in the State of Utah, and may be sued for and recovered in the same manner and to the same extent by the State of Utah as the same could have been by the Territory of Utah. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offences committed against the laws of the Territory of Utah before the change from a territorial to a State government, and which shall not be 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. All actions at law and suits in equity, and other legal proceedings which may be pending in any of the courts of the Territory of Utah at the time of the change from a territorial to a State government, may be continued and transferred to and determined by any court of the State having jurisdiction; and all books, papers and records relating to the same shall be transferred in like manner to such court.
Section 5. For the purpose of taking the vote of the electors of this Territory for the ratification or rejection of this constitution, a special election shall be held in the several counties of this Territory, on Monday, the twenty-second day of May, A.D. 1882, which shall be conducted in the following manner: The county clerks of the several counties shall cause notices of said election to be posted up in each election precinct in said county, at least ten days before the date of said election. The senior justice of the peace of each precinct shall act us judge of said election, or in case of his absence or inability to act, a judge may be elected by the six electors first assembled at the polls. The judge shall appoint a clerk, whose duty it shall be to keep a list of the names of all persons voting, which list shall ' form a part of the returns of said election. All votes cast shall first be delivered by the elector to the judge, who shall deposit the same in the ballot box in the presence of the elector and clerk. Ballot boxes and stationery shall be furnished by the county court, and the canvassing of votes and returns of said election of the several precincts shall be as provided in an act entitled "An Act providing for the registration of voters, and to further regulate the manner of conducting elections in this Territory," approved February 22d, 1878, except as herein otherwise provided. The term elector, as used in this section, shall be understood to mean any citizen of the United States, over twenty-one years of age, residing in the Territory.
Section 6. Each elector shall vote by a ballot, whereon shall be written or printed "Constitution, yes," or "Constitution, no."
Section 7. The county clerks of their respective counties shall forthwith make returns of said election, and transmit the same by the most safe and expeditious conveyance, to Arthur Stayner, the secretary of this convention, enclosed in an envelope marked "Election Returns."
Section 8. Upon receipt of said returns, or within fourteen days after the election, if the returns be not sooner received, it shall be the duty of a board of canvassers, to consist of the president and secretary of this convention, and the probate judge of Salt Lake County, or any two of the persons herein named, to canvass the returns of said election in presence of all who may choose to attend, and immediately publish an abstract of the same in one or more of the newspapers in the Territory of Utah, and forward a copy of said abstract, duly certified by them, to the President of the Senate, Speaker of the House of Representatives, and the Delegate in Congress from Utah Territory.
Section 9. Until otherwise provided by law, the apportionment of senators and representatives in the different counties shall be as follows: Cache, Rich, Box Elder and Weber counties, shall elect three senators to the legislature; Wasatch, Uintah, Summit and Morgan counties, one; Salt Lake, Davis and Tooele counties, four; Utah and Juab counties, two; Sanpete, Sevier and Emery counties, one; Millard, Beaver, Iron, Garfield and Piute counties, one; Washington, Kane and San Juan counties, one; Cache and Rich counties shall elect three representatives to the legislature; Box Elder County, one; Weber County, two; Wasatch and Uintah counties, one; Summit County, one; Morgan, Salt Lake and Davis counties, seven; Tooele County, one; Utah and Juab counties, four; Sanpete, Sevier and Emery counties, two; Millard County, one; Beaver and Piute counties, one; Iron, Garfield and San Juan counties, one; Washington and Kane counties, one.
Section 10. A copy of this constitution, certified to be correct by the president and secretary of this convention, shall be published by them as soon as practicable in one or more of the newspapers in this Territory. Such president and secretary shall, immediately after its ratification, forward a copy of this constitution, duly certified, to the President of the United States, President of the Senate and Speaker of the House of Representatives, and shall deliver or forward a copy, certified as aforesaid, to each of the delegates who may hereafter be elected by this convention.
Section 11. The term of State officers, except judicial, elected at the first election, shall continue from the time of qualification until the expiration of two years from the first Monday in January next succeeding their election and until the election and qualification of their successors.
Section 12. The State senators to be elected at the first election under this constitution, shall draw lots, so that the term of one-half of the number, as nearly as may be, shall expire at the end of one year from the first Monday in August, next succeeding their election, and the term of the other half shall expire in three years from the first Monday in August next succeeding their election, so that one-half, as nearly as possible, shall be elected biennially thereafter. Provided, That in drawing lots for all senatorial terms, the senatorial representation shall be allotted so that in the counties having two or more senators, the terms thereof shall be divided as equally as may be between the long and short terms, and in case of increase in the number of senators they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as practicable.
Section 13. The term of members of the house of representatives elected at the first election shall expire at the end of one year from the first Monday in August next succeeding their election.
Section 14. Unless otherwise provided by Congress, the first election under this constitution shall be held on the first Monday in the second month next succeeding the passage of an enabling act or the approval of this constitution by Congress, and such election shall be conducted and returns thereof made and the qualifications of electors shall be as herein provided for the ratification or rejection of this constitution. The first session of the Legislature shall commence, and all officers herein provided for shall enter upon the duties of their respective offices, on the first Monday of 'the second month next succeeding said election.
Section 15. There shall be elected at the first election, under this constitution, three justices of the supreme court, who shall hold office from and including the last Monday in the month next succeeding their election, and continue in office thereafter, two, four and six years respectively, from and including the first Monday in January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and, at their first meeting, shall determine by lot the term of office each shall fill, and the justice drawing the shortest term shall be chief justice, and after the expiration of his term, the one having the next shortest term shall be chief justice.
Section 16. All officers under the laws of the Territory of Utah, at the time this constitution shall take effect, shall continue in office until their successors are elected and qualified. The time of such election and qualification shall be as prescribed by law.
Section 17. After the admission of this State into the Union, and until the legislature shall otherwise provide, the several judges shall hold courts in their respective circuits at such times and places as they may respectively appoint; and until provisions shall be made by law for holding the terms of the supreme court, the governor shall fix the time and place of holding such court.
We hereby certify that the foregoing Constitution was adopted in convention, at Salt Lake City, the twenty-seventh day of April, in the year of our Lord one thousand eight hundred and eighty-two, and of the independence of the United States the one hundred and sixth.
