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r determine such respite or reprieve, or they may commute the punishor pardon the offense as herein provided. In case of conviction for , the Governor shall have the power to suspend execution of the sentence, he case shall be reported to the Legislature at its next regular session, he Legislature shall either pardon, or commute the sentence, or direct its on; he shall communicate to the Legislature at each regular session, each
remission of fine or forfeiture, reprieve, commutation or pardon granted he last previous report, stating the name of the convict, the crime for he was (onvicted, the sentence and its date, the date of remission, comon, pardon, or reprieve, with the reasons for granting the same, and the us, if any, of inny member of the Board made thereto. c. 13. Until otherwise provided by law, the Governor, Secretary of State torney-General shall constitute a Board of State Prison Commissioners, Boaril shall have such supervision of all matters connected with the rison iis may be provided by law. They shall, also, constitute a Board miners, with power to examine all claims against the State except salaries pensation of officers fixed by law, and perform such other duties as may cribed by law; and no claim against the State, except for salaries and sation of officers fixed by law, shall be passed upon by the Legislature
having been considered and acted upon by the said Board of Examiners. . 14. Until otherwise provided by law, the Governor, State Treasurer ite Auditor shall constitute a Board of Insane Asylum Commissioners. vard shall have such supervision of all matters connected with the State Asylum ils may be provided by law. . 15. Until otherwise provided by law, the Governor, Attorney-General perintendent of Public Instruction shall constitute a Board of Reform Commissioners. Said Board shall have such supervision of all matters d with the State Reform School as may be provided by law. . 16. The Secretary of State shall keep a record of the official acts Legislature and Executive Department of the State, and, when required, y the same and all matters relative thereto before either branch of the ure, and shall perform such other duties as may be provided by law. . 17. The Auditor shall be Auditor of Public Accounts, and the Treasul be the custodian of public moneys, and each shall perform such other s may be provided by law,
18. The Attorney-General shall be the legal adviser of the State and shall perform such other duties as may be provided by law.
19. The Superintendent of Public Instruction shall perform such s may be provided by law. 20. The Governor, Secretary of State, Auditor, Treasurer, AttorneySuperintendent of Public Instruction and such other State and district is may be provided for by law, shall receive for their services quarterly, nsation as fixed by law, which shall not be diminished or increased so fect the salary of any officer during his term, or the term next ensuing e adoption of this Constitution, unless il vacancy occur, in which case essor of the former incumbent shall receive only such salary as may be
by law at the time of his election or appointment. The compensation »fficers provided for by this article, until otherwise provided by law, as follows: ernor, Two Thousand Dollars per annum. 'etary of State. Two Thousand Dollars per annum. e Auditor, Fifteen Hundred Dollars per annum. e Treasurer, One Thousand Dollars per annum. rney-General, Fifteen Hundred Dollars per annum. erintendent of Public Instruction, Fifteen Hundred Dollars per amum.
compensation for said officers as prescribed in this section, and in all acted pursuant to this constitution, shall be in full for all services
by sid otlicers, respectively, in any official capacity or employment heir respective terms of otfice. No such officer shall receive for the ince of any official duty my fee for his own use, but all fees fixed by
The term of office of the district judges shall !
law for the performance by either of them of any official duty, shall be colleziol in advance and deposited with the State Treasurer quarterly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the State in the performance of official duty.
SEC. 21. Jll grants and commissions shall be in the name and by ibee authority of the State of l'tah, sealed with the Great Seal of the State, simu by the Governor, and countersigned by the Secretary of State.
SEC. 22. There shall be a seal of the State, which shall be kept by the Secretary of State, and used by him officially. Said seal shall be called "TIH Great Seal of the State of Utalı." The present seal of the Territory of l'taki shall be the seril of the State until otherwise provided by law,
Sexc. 23. No person, while holding any office under the United States government, shall hold any office under the State government of Utah, and the Governor shall not be eligible for election to the Senate of the l’nited States during the term for which he shall have been elected Governor.
JUDICIAL DEPARTMENT. SEXTION 1. The Judicial power of the State shall be rested in the Senate sitting as it court of impeachment, in it supreme court, in district courts, il justices of the peace ind such other courts inferior to the Supreme Court is may be established by law.
SEC. 2. The Supreme Court shall consist of three judges; but after the Fear A. D. 1:87, the Legislature may increase the number thereof to five..! majority of the judges constituting the court shall be necessary to form :: quorum or render it derision. If it justice of the Supreme Court shall be di qualified from sitting in it cause before said court, the remaining judges shul call it district judge to sit with them on the hearing of such cause. The Judge of the Supreme ('ourt shall be elected by the electors of the State at laro. The term of office of the Judges of the Supreme Court, excepting as in this article otherwise provided. shall be six years. The Judges of the Suprer Court, immediately after the first clection under this c'onstitution, sball selertoe by lot. so that one sliall hold office for the term of three years, one *** the term of tive years, and one for the term of seren years. The lots sh" be drawn by the Judges of the Supreme Court. who, for that purpose. sht itssemble at the seat of government, and ther shall cause the result thereof t" he certitied by the Secretary of State, and filed in his office. The judge havia the shortest term to serve not holding bis office loy ppointment or election. *** till : l'incey, shall be the Chief Justice, and shali preside at all terms of this Supreme Court, and in case of his absence, the judge, having in like mislilitt. the next shortest term, shall preside in his stead.
SEC. :. Every Judge of the Supreme Court shall be at least thirts Veste of ilge, and, before his election, shall be a member of the bar, learned in the law, and it l'esident of the Territory or State of Utah for five years best [ift (eding his election.
SEC. t. The Supreme ('ourt shall have original jurisdiction to issue writof mandamus, certiorari, prohibition, quo warranto and habeas corpulls. of the justices shall have power to issue writs of haberis corpus, to any part The State, non petition by or on belialf of any person held in itctual testints
mnd may make such writs returnable before himself or the Supreme Court of before iniy district court or judge thereof in the State. In other cases Supreme court shall have appellate jurisdiction only. and power to issue wit necessary and proper for the exercise of that jurisdiction. The Supreme Court shall hold it least three terms every year, and shall sit at the capital of the State.
Src. 5. The state shall be divided into seven judicial districts. for eart, which at least one. :nd not exceeding three judges shall be chosen logo qualified elector's thereof.
Except that the District Judges elected at the first election 2
to he juristic lisat
lay in January, A. D. 1901, and until their successors til otherwise provided by law, a district court at the ty shall be held at least four times a year. All civil rising in any county, must be tried in such county, e be taken, in such cases as may be provided by law. t Court shall be at least twenty-five years of age, a ned in the law, a resident of the Territory or State of receding his election, and shall reside in the district for 1. Any District Judge may hold a District Court in any of the judge of the district, and upon request of the is duty to do so. Any cause in the District Court may ) tempore, who must be a member of the bar, sworn to ed upon by the parties, or their attorneys of record. Nature may change the limits of any judicial district, the number of districts, or the judges thereof. No alterahave the effect of removing a judge from office. In every blished, a judge shall be elected by the electors thereof, shall continue as provided in section five of this article. rict Court shall have original jurisdiction in all matters : excepted in this Constitution, and not prohibited by law; from all inferior courts and tribunals, and à supervisory
The District Courts or any judge thereof, shall have of habeas corpus, mandamus, injunction, quo warranto, and other writs necessary to carry into effect their orders, es, and to give them a general control over inferior courts
their respective jurisdictions. gislature shall determine the number of justices of the and shall fix by law their powers, duties and compensation. justices of the peace shall be as now provided by law, but - restrict the same. ul final judgments of the district courts, there shall be a the Supreme Court. The appeal shall be !pon, the recoril below, and under such regulations is may be provided by es the appeal may be on questions of both law and fact; in peal shall be on questions of law alone. Appeals shall also
orders and decrees of the Court in the administration of und in cases of guardianship, as shall be provided by law. lie from the final judgment of justices of the peace in civil to the District ('ourts on both questions of law and fact, with nd restrictions as shall be provided by law'; and the decision urts on such appe:us shall be final, except in cases involving mustitutionality of a statute. ounty Sttorney shall be elected by the qualifieil voters of shall hold his office for il term of two years. The powers :: bol Ittomeys, and such other attorneys for the State :s the Legisle, shall be prescribed by law. In all cases where the attorney » for the State, fails or refuses to attend and prosecute accordson't shall have power to appoint an attorney pro tempore. uses may be removed from office by the concurrent vote of both egislature. each voting separately; but two-thirds of the meine ach house may be entitled must concur in such vote. The yote incl by yeas and nys, and the names of the members voting El judge, together with the cause or causes of removal, shall be journal of each house. The judge against whom the house may meer shall receive notice thereof, accompanied with a copy of the For his removal, at least ten days before the day on which either Legislature shall act thereon. The judges of the Supreme :und District Courts shall receive at compensation for their services, which shall not be increaser or ring the time for which they are elected.
extend the leave of absence to such time as the necessity therefor shall Is
SEC. 13. Except by consent of all the parties, no judge of the suprene op inferior courts shall preside in the trial of any cause where either of the parties shall be connected with him by affinity or consanguinity within the legree of first cousin, or in which he may have been of counsel, or in the trial of which he may have presided in any inferior court.
Sec. 14. The Supreme Court shall appoint a clerk, and a reporter of its decisions, who shall hold their offices during the pleasure of the Court. Until otherwise provided, Comty Clerks shall be ex officio clerks of the District Courts in and for their respective counties, and shall perform such other duties as may be provided by law.
SEC. 15. No person related to any judge of any court by affinity or com sanguinity within the degree of first cousin, shall be appointed by such coirt or judge to, or employed by such court or judge in any office or duty in any Court of which said judge may be a member.
SEC, 16. Until otherwise provided by law, the Judicial Districts of the
First District :--The Counties of Cache, Box Elder and Rich.
Third District :-The. Counties of Summit, Salt Lake and Tooele, in which there shall be elected three district judges.
Fourth District :--The Counties of Utah, Wasatch and Vintah.
Fifth District :--The Counties of Juab, Millard, Bearer, Iron and Waxhi. ington. Sixth District :- The Counties of Sevier, Piute, Wayne, Garfield and Kalie
, Seventh District :-The Counties of San Pete, Carbon, Emery, Grand and San Juan.
SEC. 17. The Supreme and District Courts shall be courts of record, each shall have a seal.
SEC. 18. 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.
SEC. 19. There shall be but one form of civil action, and law and equity may be administered in the same action,
Sec. 20. Until otherwise provided by law, the salaries of supreme ild district judges, shall be three thousand dollars per annum, and mileage, para ible quarterly out of the State treasury.
SEC. 21. Judges of the Supreme Court, District Courts, and justices of the peace, shall be conservators of the peace, and may hold preliminary examinations in cases of felony.
SEC. 22. District Judges muy, at any time, report defects and omissives in the law to the Supreme Court, and the Supreme Court on or before the first day of December of each year, shall report in writing to the Governor apr seeming defect or omission in the law.
Sec. 23. The Legislature may provide for the publication of decisions and opinions of the Supreme Court, but all decisions shall be free to publisher. SEC, 24.
The terms of office of Supreme and District Judges may be es tended by law, but such extension shall not affect the term for which any judge was elected.
SEC. 26. When a judgment or decree is reversed, modified or affirmed by the Supreme Court, the reasons therefor shall be stated concisely in writina signed by the judges concurring, filed in the office of the Clerk of the Supreme Court, and preserved with a record of the case. Any judge dissenting therefruit may give the reasons of his dissent in writing over his signature.
SEC. 26. It shall be the duty of the court to prepare a syllabus of the points adjudicated in each case. which shall be concurred in by a majorit of the judges thereof, and it shall be pretised to the published reports of the
SEC 27. Any judicial officer who shall subsent himself from the State listrict for more than ninety consecutive days, shall be deemed to have forfeita his office:
Provided. That in case of extreme necessity. the Governor in
LEGISLATIVE APPORTIONMENT. CTION 1. One Representative in the Congress of the United States shall cted from the State at large on the Tuesday next after the first Monday kember. d. D. 1895, and thereafter at such times and places, and in such er as may be prescribed by law. When a new apportionment shall be by Congress, the Legislature shall divide the State into congressional ts accordingly. C. 2. The Legislature shall provide by law for an enumeration of the tants of the State, A. 1. 1905, and every tenth year thereafter, and it ssion next following such enumeration, and also at the session next fol
in enumeration made by the authority of the United States, shall revise ljust the apportionment for senators and representatives on the basis of umerationaccording to ratios to be fixed by law. c. 3. The Senate shall consist of eighteen members and the House of sentatives of forty-five members. The Legislature may increase the r of senators and representatives, but the senators shall never exceed
in number, and the number of representatives shall never he less than nor greater than three times the number of senators. (. t. When more than one county shall constitute a senatorial district. counties shall be contiguous, and no county shall be divided in the formaf such districts unless such county contains sufficient population within to form two or more districts, nor shall a part of any county he miterl ny other county in forming any district.
ntil otherwise provided by law, representatives shall be apportioned among veral counties of the State as follows: Provided, That in any futura ionment made by the Legislature, each county shall he entitled to at least presentative. he county of Box Elder shall constitute the First Representative Disund be entitled to one representative. he ('ounty of Cache shall constitute the Second Representative District.
entitled to three representatives. he County of Rich shall constitute the Third Representative District, and itled to one representative. he County of Weher shall constitute the Fourth Representative District,
entitled to four representatives. he County of Morgan shall constitute the Fifth Representative District, e entitled to one representative. he County of Davis shall constitute the Sixth Representative District, and itled to one representative. he County of Tooele shall constitute the Seventh Representative District.
entitled to one representative. he County of Salt Lake shall constitute the Eighth Representative Distrirt. E entitled to ten representatives. he County of Summit shall constitute the Ninth Representative District. e entitled to one representative. he County of Wasatch shall constitute the Tenth Representative District, ? entitled to one representative. he County of Utah shall constitute Eleventh Representative District,
entitled to four representatives. he County of Lintah shall constitute the Twelfth Representative District, e entitled to one representative. de County of Juah shall constitute the Thirteenth Representative District, + entitled to one representative. he County of San Pete shall constitute the Fourteenth Representative Disand be entitled to two representatives. be County of Carbon shall constitute the Fifteenth Representative District, e entitled to one representative.