Quill
  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:The Convention
  4. Session: 1895-05-01 09:00:00
  5. Event type: CREATE

Utah State Constitutional Convention 1895 (2020 Edition)

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

The Convention

All the delegates.

The Committee Secretary's View The Committee Secretary's View

To see the full record of a committee, click on the corresponding committee on the map below.

Document introduced in:

Session 7396: 1895-05-01 09:00:00

Document View:

Article on Schedule [Article No. 25.3]

(Showing state at moment e696139)
There is 1 proposed amendment related to this document on which a decision has not been taken.

Section 1. That no inconvenience may arise by reason of the change from a Territorial to a State government, it is hereby declared that all writs, actions, presecutions, judgements, claims and contracts, as well of individuals as of bodies of corporate both public and private shall continue as if no change had taken place and all process which lay 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 now in force which are not repugnant to this constitution shall remain in force until they expire by their own limitations, or are altered or appealed by the Legislature. The act of the governor and legislative assembly of the Territory of Utah, entitled “an act to punish polygamy and other kindred offenses, approved February 4th, A. D. 1892,” in so far as the same defines and imposes penalties for polygamy, is hereby declared to be in force in the State of Utah.

Section 3. Persons who, at the time of the admission of the State into the Union, may be confined under lawful commitments or otherwise lawfully held to answer for alleged violations of any of the criminal laws of the Territory of Utah, shall continue to be so confined or held until discharged therefrom by the proper courts of the State.

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 to the people of the United States in the Territory of Utah or the people of 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 assessed taxes; and all revenue, property, real, personal, or mixed, and all judgements, bonds, specialties choses in action, claims and debts, or 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; and all fines, taxes, penalties, and forfeitures, due or owing to any county, municipality, or school district therein, at the time the State shall be admitted into the Union, are hereby respectively assigned and transferred, and the same shall be payable to the county, municipality, or school district, as the case may be, and the payment thereof may be enforced under the laws of the State.

Section 5. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a Territorial to State government, and which shall then be pending, shall be prosecuted to judgement and execution in the name of the State, and in the court having jurisdiction thereof under this Constitution. All offenses committed against the laws of the Territory or 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, which 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.

Section 6. All actions, cases, proceedings and matters pending in the supreme court and district courts of the Territory of Utah, at the time the State shall be admitted into the Union, and all files, records, and indictments, relating thereto, except as otherwise provided herein, shall be appropriately transferred to the supreme and district courts of the State respectively; and thereafter all such actions, matters and cases shall be proceeded with in the proper State courts. All actions, cases, proceedings and matters which shall be pending in the district courts of the Territory of Utah, at the time of the admission of the State into the Union, whereof the United States circuit or district courts might have had jurisdiction had there been a state government at the time of the commencement thereof, respectively; and all files, records, indictments, and proceedings relating thereto, shall be transferred to the United States courts; provided, that no civil actions, other than causes and proceedings of which the United States courts shall have exclusive jurisdiction, shall be transferred to either of said United States courts, except upon motion or petition by one of the parties thereto, made under and in accordance with the act or acts of the Congress of the United States, and such motion and petition not being made, all such cases shall be proceeded with in the proper state courts.

Section 7.

Section 7. Upon a change from territorial to state government, the seal in use by the supreme court of the Territory shall pass to and become the seal of the supreme court of the State, until otherwise provided by law; and the several district courts of the State may adopt seals, for their respective courts, till otherwise provided by law.

Section 8.

Section 9.

Section 10.

Section 11.

Section 12.

Section 13.

Section 14.

Decisions yet to be taken

Document Timeline

Other Actions

View text build components