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  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.

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Document introduced in:

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

Document View:

Article on Schedule [Article No. 25.3]

Shown with amendment 'None' (e696127)

(Showing state at moment e696134)
There are 2 proposed amendments related to this document on which decisions have 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.

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