thereto, in legal subdivisions of not less than one quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said State for the support of common schools, such indemnity lands to be selected within said State in such manner as the Legislature may provide, with the approval of the Secretary of the Interior; Provided, That the second, sixteenth, thirty-second, and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this act, nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants or to the indemnity provisions of this act until the reservation shall have been extinguished and such lands be restored to and become a part of the public domain.

buildings.

Sec. 7. That upon the admission of said State into Land granted the Union, in accordance with the provisions of this for public act, one hundred sections of the unappropriated lands within said State to be selected and located in legal subdivisions, as provided in section six of this act, shail be, and are hereby, granted to said State for the purpose of erecting public buildings at the capital of said State, when permanently located, for legislative, executive, and judicial purposes.

Sec. 8. That lands to the extent of two townships For University. in quantity, authorized by the third section of the act of February twenty-one, eighteen hundred and fiftyfive, to be reserved for the establishment of the University of Utah, are hereby granted to the State of Utah for university purposes, to be held and used in accordance with the provisions of this section; and any portions of said lands that may not have been selected by said Territory may be selected by said State. That in addition to the above, one hundred and ten thousand acres of land, to be selected and located as provided in the foregoing section of this act, and including all saline lands in said State, are hereby granted to said State, for the use of said University, and two hundred thousand acres for the use of an Agricultural College therein. That the proceeds of the sale of said lands, or any portion thereof, shall constitute permanent funds, to be safely invested and held by said State, and the income thereof to be used exclusively for the purposes of such University and Agricultural College, respectively.

sales of public land granted

for school purposes.

Sec. 9. That five per centum of the proceeds of Five per cent of the sales of public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State.

Proceeds of school lands a

Sec. 10. That the proceeds of lands herein granted for educational purposes, except as hereinafter permanent fund otherwise provided, shall constitute a permanent school fund, the interest of which only shall be expended for the support of said schools, and such land shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be surveyed for school purposes only.

and University must remain under State control.

of statutes not applicable to Utah.

Sec. 11. The schools, colleges, and University School, colleges provided for in this act shall forever remain under the exclusive control of said State, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes, or of the income thereof, shall be used for the support of any sectarian or denominational school, college or university. Sec. 12. That in lieu of the grant of land for purCertain sections poses of internal improvement made to new states by the eighth section of the act of September fourth, eighteen hundred and forty-one, which section is hereby repealed as to said State, and in lieu of any claim or demand by the State of Utah under the act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hundred and seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands to certain states, which grant, it is hereby declared, is not extended to said State of Utah, the following grants of land are hereby made to said State, for the purposes indicated, namely:

for reservoirs.

For the establishment of permanent water reserLands granted voirs for irrigating purposes, five hundred thousand acres; for the establishment and maintenance of an inInsane asylum. sane asylum, one hundred thousand acres; for the esSchool of mines. tablishment and maintenance of a school of mines in

connection with the University, one hundred thousand Deaf and dumb acres; for the establishment and maintenance of a deaf

asylum.

and dumb asylum, one hundred thousand acres; for the

Normal schools.

Institution for

establishment and maintenance of a reform school, one Reform school. hundred thousand acres; for establishment and maintenance of State normal schools, one hundred thousand acres; for the establishment and maintenance of an institution for the blind, one hundred thousand the blind. acres; for a miners' hospital for disabled miners, fifty Miners' hospital thousand acres. The United States penitentiary near Penitentiary Salt Lake City and all lands and appurtenances con- granted. nected therewith and set apart and reserved therefor are hereby granted to the State of Utah.

State not en

titled to other

The said State of Utah shall not be entitled to any further or other grants of land for any purpose than as grants. expressly provided in this act; and the lands granted Lands must be by this section shall be held, appropriated, and dis- held for purposed of exclusively for the purposes herein mentioned, poses granted. in such manner as the Legislature of the State may

provide.

Sec. 13. That all land granted in quantity or as Lands, how indemnity by this act shall be selected, under the di- selected. rection of the Secretary of the Interior, from the unappropriated public lands of the United States within the limits of the said State of Utah.

cial district.

Salary of judge.

Sec. 14. That the State of Utah shall constitute State, one judione judicial district, which shall be called the district of Utah, and the circuit and district courts thereof shall be held at the capital of this State for the time being. The judge of said district shall receive a yearly salary of five thousand dollars, payable monthly, and shall reside in his district. There shall be appointed clerks of said courts, who shall keep their Clerks of court. offices at the capital of said State. There shall be appointed for said district one district judge, one United States attorney, and one United States marshal. The regular terms of said courts shall be held marshal. at the place aforesaid on the first Monday in April and Terms of court. the first Monday in November of each year. For judicial purposes, the district of Utah shall be attached District is to the eighth judicial circuit, and only one grand jury attached to and one petit jury shall be summoned in both of said circuit.

courts.

Attorney and

Eighth judicial

duties of

Sec. 15. That the circuit and district courts for Powers and the district of Utah and the judges thereof, respec- courts. tively, shall possess the same powers and jurisdiction and perform the same duties possessed and required to be performed by the other circuit and district courts

Powers and duties of mar

and clerks.

and judges of the United States, and shall be governed by the same laws and regulations.

Sec. 16. That the marshal, district attorney, and clerks of the circuit and district courts of the said disshal, attorney trict of Utah, and all other officers and other persons performing duty in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the same fees and compensation allowed by law to other similar officers and persons performing similar duties.

Convention

provide for transfer of causes.

No cause to abate.

Appeals now pending in U.S.

Sec. 17. That the convention herein provided for shall have the power to provide, by ordinance, for the transfer of actions, cases, proceedings, and matters pending in the supreme or district courts of the Territory of Utah at the time of the admission of the said State into the Union, to such courts as shall be established under the Constitution to be thus formed, or to the circuit or district court of the United States for the district of Utah: and no indictment, action, or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. That all cases of appeal or writ of error heretofore prosecuted and Supreme Court, now pending in the Supreme Court of the United States upon any record from the supreme court of said Territory, or that may hereafter lawfully be prosecuted upon any record from said court, may be heard and determined by said Supreme Court of the United States; and the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district court hereby established within the said State from or to the supreme court of such State, as the nature of the case may require. And courts succeed the circuit, district, and State courts herein named shall, respectively, be the successors of the supreme court of the Territory as to all such cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein; and that from all judgments and decrees of the supreme court of the Territory, mentioned in this act, in any case arising within the limits of the proposed State

U. S. and State

Territorial courts.

prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States as they shall have had by the law prior to the admission of said State into the Union.

Appropriation

Sec. 18. That the sum of thirty thousand dollars, for convention. or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated to said Territory for defraying the expenses of said convention and for the payment of the members thereof, under the same rules and regulations and at the same rates as are now provided by law for the payment of the Territorial Legislature.

State officers.

Senators.

Sec. 19. That the constitutional convention may, Election of by ordinance, provide for the election of officers for a full State government, including members of the Legislature and Representative in the Fifty-fourth Con- Representative gress, at the time for the election for the ratification or to Congress. rejection of the Constitution; but the said State government shall remain in abeyance until the State shall be admitted into the Union as proposed by this act. In case the Constitution of said State shall be ratified by the people, but not otherwise, the Legislature thereof may assemble, organize, and elect two Senators United States of the United States in the manner now prescribed by the laws of the United States; and the Governor and Secretary of State of the proposed State shall certify the election of the Senators and Representative in the manner required by law, and when such State is admitted into the Union, as provided in this act, the Senators and Representatives shall be entitled to be admitted to seats in Congress, and to all rights and privileges of Senators and Representatives of other states in the Congress of the United States; and the State government upon admission formed in pursuance of said Constitution, as provided state govern by the constitutional convention, shall proceed to ex- force. ercise all the functions of State officers; and all laws Territorial in force made by said Territory at the time of its admis-ws to consion into the Union shall be in force in said State, except as modified or changed by this act or by the Constitution of the State; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States.

ment to be in

Sec. 20. That all acts or parts of acts in conflict Repealing

clause.