Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Session 7385: 1895-04-18 16:00:00

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Article No. 7

Shown with amendment 'Article No. 7: Sections 7&8&9&10: Amendment' (e694863)

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Section 7. In case of a disagreement between the two houses at any special session with respect to the time of adjournment, the governor shall have power to adjourn the Legislature to such time as he may think proper; provided it be not beyond the time fixed for the convening of the next Legislature.

Section 8. Every bill passed by the Legislature shall, before it becomes a law, be presented to the Governor; if he approve, he shall sign it and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider it. If, after such reconsideration, it again pass both houses by yeas and nays of a votee 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 (Sundays excepted) exclusive of the day on which he received it, the same shall be a 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 be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contain several sections or items, he may object to one or more sections or items while approving other portions of the bill; in such case, he shall append to the bill at the time of signing it a statement of the section or sections, item or items, which he declines to approve, together with his reasons therefor, and such sections, item or items shall not take effect unless passed over the Governor’s objection as in this section hereinbefore provided.

Section 9. When any State or district office shall from any cause become vacant and no mode is provided by the Constitution and laws for filling such vacancy, the governor shall have the power to fill the same by granting a commission which shall expire at the next election and upon qualification of the person elected to such office.

Section 10. The Governor shall nominate, and by and with the consent of the Senate, appoint all State and District officers whose offices are established by this Constitution or which may be created by law and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occurs in any State or District office, the Governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate when he shall nominate some person to fill such office. If the office of a Justice of the Supreme or District Court, Secretary of State, State Auditor, State Treasurer, Attorney General, or Superintendent of Public Instruction shall be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to fill the same by appointment and the appointee shall hold his office until his successor shall be elected and qualified as may be by law provided.

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