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law for the performance by either of them of any official duty, shall be collecte! 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. All grants and commissions shall be in the name and by de authority of the State of Utah, sealed with the Great Seal of the State, signed 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 t Secretary of State, and used by him officially. Said seal shall be called "T Great Seal of the State of Utah." The present seal of the Territory of Ita shall be the seal of the State until otherwise provided by law.

SEC. 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 United States during the term for which he shall have been elected Governor.

ARTICLE VIII.

JUDICIAL DEPARTMENT.

SECTION 1. The Judicial power of the State shall be vested in the Sendel: sitting as a court of impeachment, in a supreme court, in district courts, justices of the peace, and such other courts inferior to the Supreme Court s may be established by law.

SEC. 2. The Supreme Court shall consist of three judges; but after t year A. D. 1905, the Legislature may increase the number thereof to five, majority of the judges constituting the court shall be necessary to form quorum or render a decision. If a justice of the Supreme Court shall be de qualified from sitting in a cause before said court, the remaining judges shi call a district judge to sit with them on the hearing of such cause. The Jubs of the Supreme Court shall be elected by the electors of the State at lare. The term of office of the Judges of the Supreme Court, excepting as in t article otherwise provided, shall be six years. The Judges of the Supre Court, immediately after the first election under this Constitution. shall selected by lot, so that one shall hold office for the term of three years, one fr the term of five years, and one for the term of seven years, The lots s be drawn by the Judges of the Supreme Court, who, for that purpose, st assemble at the seat of government; and they shall cause the result theref be certified by the Secretary of State, and filed in his office. The judge haris the shortest term to serve, not holding his office by appointment or election | fill a vacancy, shall be the Chief Justice, and shall preside at all terms of te Supreme Court, and in case of his absence, the judge. having in like maUT* the next shortest term, shall preside in his stead.

SEC. 3. Every Judge of the Supreme Court shall be at least thirty yes of age, and, before his election, shall be a member of the bar, learned in fe law, and a resident of the Territory or State of Utah for five years next yo ceding his election.

SEC. 4. The Supreme Court shall have original jurisdiction to issue wh of mandamus, certiorari, prohibition, quo warranto and habeas corpus. E of the justices shall have power to issue writs of habeas corpus, to any part the State, upon petition by or on behalf of any person held in actual enstar. i and may make such writs returnable before himself or the Supreme Court. before any district court or judge thereof in the State. In other cases Dr Supreme Court shall have appellate jurisdiction only, and power to issue 17 necessary and proper for the exercise of that jurisdiction. The Supreme Co shall hold at least three terms every year, and shall sit at the capital of te State.

SEC. 5. The State shall be divided into seven judicial districts, for esco which, at least one, and not exceeding three judges, shall be chosen by th qualified electors thereof. The term of office of the district judges sha"! ↳ four years. Except that the District Judges elected at the first election sh

we until the first Monday in January, A. D. 1901, and until their successors I have qualified. Until otherwise provided by law, a district court at the nty seat of each county shall be held at least four times a year. All civil criminal business arising in any county, must be tried in such county, ess a change of venue be taken, in such cases as may be provided by law. -h judge of a District Court shall be at least twenty-five years of age, a mber of the bar, learned in the law, a resident of the Territory or State of h three years next preceding his election, and shall reside in the district for ch he shall be elected. Any District Judge may hold a District Court in any nty at the request of the judge of the district, and upon request of the ernor, it shall be his duty to do so. Any cause in the District Court may ried by a judge pro tempore, who must be a member of the bar, sworn to the cause, and agreed upon by the parties, or their attorneys of record. SEC. 6. The Legislature may change the limits of any judicial district, ncrease or decrease the number of districts, or the judges thereof. No alteraor increase shall have the effect of removing a judge from office. In every itional district established, a judge shall be elected by the electors thereof, his term of office shall continue as provided in section five of this article. SEC. 7. The District Court shall have original jurisdiction in all matters I and criminal, not excepted in this Constitution, and not prohibited by law; ellate jurisdiction from all inferior courts and tribunals, and a supervisory rol of the same. The District Courts or any judge thereof, shall have er to issue writs of habeas corpus, mandamus, injunction, quo warranto, iorari, prohibition and other writs necessary to carry into effect their orders, ments and decrees, and to give them a general control over inferior courts tribunals within their respective jurisdictions.

SEC. 8. The Legislature shall determine the number of justices of the e to be elected, and shall fix by law their powers, duties and compensation. jurisdiction of justices of the peace shall be as now provided by law, but Legislature may restrict the same.

SEC. 9. From all final judgments of the district courts, there shall be a t of appeal to the Supreme Court. The appeal shall be upon, the record e in the court below, and under such regulations as may be provided by In equity cases the appeal may be on questions of both law and fact; in s at law the appeal shall be on questions of law alone. Appeals shall also from the final orders and decrees of the Court in the administration of dent estates, and in cases of guardianship, as shall be provided by law. eals shall also lie from the final judgment of justices of the peace in civil criminal cases to the District Courts on both questions of law and fact, with limitations and restrictions as shall be provided by law; and the decision he District Courts on such appeals shall be final, except in cases involving validity or constitutionality of a statute.

SEC. 10.

A County Attorney shall be elected by the qualified voters of = county who shall hold his office for a term of two years. The powers and es of County Attorneys, and such other attorneys for the State as the LegisTe may provide, shall be prescribed by law. In all cases where the attorney my county, or for the State, fails or refuses to attend and prosecute accordto law, the court shall have power to appoint an attorney pro tempore. SEC. 11. Judges may be removed from office by the concurrent vote of both es of the Legislature, each voting separately; but two-thirds of the memto which each house may be entitled must concur in such vote. The vote 1 be determined by yeas and nays, and the names of the members voting or against a judge, together with the cause or causes of removal, shall be red on the journal of each house. The judge against whom the house may bout to proceed shall receive notice thereof, accompanied with a copy of the e alleged for his removal, at least ten days before the day on which either se of the Legislature shall act thereon.

SEC. 12. The judges of the Supreme and District Courts shall receive at ed times compensation for their services, which shall not be increased or nished during the time for which they are elected.

SEC. 13. Except by consent of all the parties, no judge of the supreme or 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 degree of first cousin, or in which he may have been of counsel, or in the tria 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. Unt otherwise provided, County Clerks shall be ex officio clerks of the District Court in and for their respective counties, and shall perform such other duties may be provided by law.

SEC. 15. No person related to any judge of any court by affinity or sanguinity within the degree of first cousin, shall be appointed by such co or judge to, or employed by such court or judge in any office or duty in a court of which said judge may be a member.

SEC. 16. Until otherwise provided by law, the Judicial Districts of the State shall be constituted as follows:

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First District :--The Counties of Cache, Box Elder and Rich, Second District:-The Counties of Weber, Morgan and Davis. Third District :-The Counties of Summit, Salt Lake and Tooele, in w there shall be elected three district judges.

Fourth District:-The Counties of Utah, Wasatch and Uintah. Fifth District:-The Counties of Juab, Millard, Beaver, Iron and W ington.

Sixth District:-The Counties of Sevier, Piute, Wayne, Garfield and Ka Seventh District:-The Counties of San Pete, Carbon, Emery, Grand a 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 prosecutions shall be conducted in the name and by the authority of the s SEC. 19. There shall be but one form of civil action, and law and e may be administered in the same action.

SEC. 20. Until otherwise provided by law, the salaries of supreme district judges, shall be three thousand dollars per annum, and mileage. No able quarterly out of the State treasury.

SEC. 21. Judges of the Supreme Court, District Courts, and justices of peace, shall be conservators of the peace, and may hold preliminary exam tions in cases of felony.

SEC. 22. District Judges may, at any time, report defects and omis in the law to the Supreme Court, and the Supreme Court on or before the i day of December of each year, shall report in writing to the Governor seeming defect or omission in the law.

SEC. 23. The Legislature may provide for the publication of decisions opinions of the Supreme Court, but all decisions shall be free to publishers. SEC. 24. The terms of office of Supreme and District Judges may be tended by law, but such extension shall not affect the term for which judge was elected.

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SEC. 25. When a judgment or decree is reversed, modified or affirme the Supreme Court, the reasons therefor shall be stated concisely in wri signed by the judges concurring, filed in the office of the Clerk of the SupË Court, and preserved with a record of the case. Any judge dissenting there!" 4 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 i å the points adjudicated in each case, which shall be concurred in by a ma of the judges thereof, and it shall be prefixed to the published reports d ́t

case.

SEC. 27. Any judicial officer who shall absent himself from the Stat district for more than ninety consecutive days, shall be deemed to have forfe? his office: Provided, That in case of extreme necessity, the Governor extend the leave of absence to such time as the necessity therefor shall e

ARTICLE IX.

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT.

SECTION 1. One Representative in the Congress of the United States shall › elected from the State at large on the Tuesday next after the first Monday November, A. D. 1895, and thereafter at such times and places, and in such anner as may be prescribed by law. When a new apportionment shall be ade by Congress, the Legislature shall divide the State into congressional stricts accordingly.

SEC. 2. The Legislature shall provide by law for an enumeration of the habitants of the State, A. D. 1905, and every tenth year thereafter, and at e session next following such enumeration, and also at the session next folwing an enumeration made by the authority of the United States, shall revise d adjust the apportionment for senators and representatives on the basis of ch numerationaccording to ratios to be fixed by law.

SEC. 3. The Senate shall consist of eighteen members and the House of presentatives of forty-five members. The Legislature may increase the mber of senators and representatives, but the senators shall never exceed irty in number, and the number of representatives shall never be less than ice nor greater than three times the number of senators.

SEC. 4. When more than one county shall constitute a senatorial district. th counties shall be contiguous, and no county shall be divided in the formau of such districts unless such county contains sufficient population within elf to form two or more districts, nor shall a part of any county be united th any other county in forming any district.

REPRESENTATIVE DISTRICTS.

Until otherwise provided by law, representatives shall be apportioned among several counties of the State as follows: Provided, That in any future portionment made by the Legislature, each county shall be entitled to at least → representative.

The County of Box Elder shall constitute the First Representative Dist. and be entitled to one representative.

The County of Cache shall constitute the Second Representative District. I be entitled to three representatives.

The County of Rich shall constitute the Third Representative District, and entitled to one representative.

The County of Weber shall constitute the Fourth Representative District, be entitled to four representatives.

The County of Morgan shall constitute the Fifth Representative District. be entitled to one representative.

The County of Davis shall constitute the Sixth Representative District, and entitled to one representative.

The County of Tooele shall constitute the Seventh Representative District, be entitled to one representative.

The County of Salt Lake shall constitute the Eighth Representative District, be entitled to ten representatives.

The County of Summit shall constitute the Ninth Representative District. be entitled to one representative.

The County of Wasatch shall constitute the Tenth Representative District. be entitled to one representative.

The County of Utah shall constitute the Eleventh Representative District, be entitled to four representatives.

The County of Uintah shall constitute the Twelfth Representative District, be entitled to one representative.

The County of Juab shall constitute the Thirteenth Representative District, be entitled to one representative.

The County of San Pete shall constitute the Fourteenth Representative Disand be entitled to two representatives.

The County of Carbon shall constitute the Fifteenth Representative District, be entitled to one representative.

The County of Emery shall constitute the Sixteenth Representative District. and be entitled to one representative.

The County of Grand shall constitute the Seventeenth Representative Dis trict, and be entitled to one representative.

The County of Sevier shall constitute the Eighteenth Representative Dis trict, and be entitled to one representative.

The County of Millard shall constitute the Nineteenth Representative Dis trict, and be entitled to one representative.

The County of Beaver shall constitute the Twentieth Representative Dis trict, and be entitled to one representative.

The County of Piute shall constitute the Twenty-first Representative Is trict, and be entitled to one representative.

The County of Wayne shall constitute the Twenty-second Representative District, and be entitled to one representative.

The County of Garfield shall constitute the Twenty-third Representative District, and be entitled to one representative.

The County of Iron shall constitute the Twenty-fourth Representative D trict, and be entitled to one representative.

The County of Washington shall constitute the Twenty-fifth Represen... · tive District, and be entitled to one representative.

The County of Kane shall constitute the Twenty-sixth Representative Dtrict, and be entitled to one representative.

The County of San Juan shall constitute the Twenty-seventh Representative District, and shall be entitled to one representative.

SENATORIAL DISTRICTS.

Until otherwise provided by law, the Senatorial Districts shall be stituted and numbered as follows:

The Counties of Box Elder and Tooele shall constitute the First Distrit and be entitled to one senator.

The County of Cache shall constitute the Second District, and be entitled one Senator.

The Counties of Rich, Morgan and Davis shall constitute the Third Distri and be entitled to one Senator.

The County of Weber shall constitute the Fourth District, and be entit to two Senators.

The Counties of Summit and Wasatch shall constitute the Fifth Distri and be entitled to one Senator.

The County of Salt Lake shall constitute the Sixth District, and be entit to five senators.

The County of Utah shall constitute the Seventh District, and be entite to two Senators.

The Counties of Juab and Millard shall constitute the Eighth Ditsrict, ati be entitled to one Senator.

The County of San Pete shall constitute the Ninth District, and be entitle to one Senator.

The Counties of Sevier, Wayne, Piute, and Garfield shall constitute Tenth District, and be entitled to one Senator.

The Counties of Beaver, Iron, Washington, and Kane shall constitute

Eleventh District, and be entitled to one Senator.

The Counties of Emery, Carbon, Uintah, Grand, and San Juan shall cot stitute the Twelfth District, and be entitled to one Senator.

ARTICLE X.
EDUCATION.

SECTION 1. The Legislature shall provide for the establishment and mak tenance of a uniform system of public schools, which shall be open to all ch dren of the State and be free from sectarian control.

SEC. 2. The public school system shall include kindergarten schools; c mon schools, consisting of primary and grammar grades: high schools: #

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