ARTICLE
XXIV
SCHEDULE
Section
1. [Actions, contracts, etc., to continue.] In order 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, prosecutions, judgments,
claims and contracts, as well of individuals as of bodies corporate,
both public and private, shall continue as if no change had taken place;
and all process which may 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.
Sec.
2. [Territorial laws continued.] All laws of the Territory of Utah now
in force, not repugnant to this Constitution, shall remain in force
until they expire by their own limitations, or are altered or repealed
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, AD 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.
Sec.
3. [Prisoners to be held.] Any person, who, at the time of the admission
of the State into the Union, may be confined under lawful commitment,
or otherwise lawfully held to answer for alleged violation of any of
the criminal laws of the Territory of Utah, shall continue to be so
held or confined, until discharged therefrom by the proper courts of
the State.
Sec.
4. [Fines, etc., due the territory. Debts of the territory.] 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.
Sec.
5. [Recognizances. Judgments. Records. Fines due counties, etc.] 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, or to any official board for the benefit
of the Territory of Utah, or the people thereof, shall pass to the Governor
or other officer, court or board, and his or their successors in office,
for the uses therein, respectively expressed, and may be sued on, and
recovery had accordingly. Assessed taxes, and all revenue, property,
real, personal or mixed, and all judgments, bonds, specialties, choses
in action, claims and debts, of 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 payment thereof
be enforced under the laws of the State.
Sec.
6. [Criminal prosecutions begun and crimes committed before statehood.]
All criminal prosecutions, and penal actions, which may have arisen,
or which may arise before the change from a Territorial to a State Government,
and which shall then be pending, shall be prosecuted to judgment and
execution in the name of the State, and in the court having jurisdiction
thereof. All offenses committed against the laws of the Territory of
Utah, before the change from a Territorial to a State Government, and
which shall not have been prosecuted before such change, may be prosecuted
in the name, and by authority of the State of Utah, with 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.
Sec.
7. [Transfer of causes, records, etc.] All actions, cases, proceedings
and matters, pending in the Supreme 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, shall be transferred
to the proper United States Circuit and District Courts respectively;
and all files, records, indictments and proceedings relating thereto,
shall be transferred to said United States Courts: Provided, That no
civil actions, other than causes and proceedings of which the said 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 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.
Sec.
8. [Seals of courts.] Upon a change from Territorial to State Government,
the seal in use by the Supreme Court of the Territory of Utah, until
otherwise provided by law, shall pass to and become the Seal of the
Supreme Court of the State, and the several District Courts of the State
may adopt seals for their respective courts, until otherwise provided
by law.
Sec.
9. [Transfer of probate causes to district courts.] When the State is
admitted into the Union, and the District Courts in the respective districts
are organized, the books, records, papers and proceedings of the probate
court in each county, and all causes and matters of administration pending
therein, upon the expiration of the term of office of the Probate Judge,
on the second Monday in January, 1896, shall pass into the jurisdiction
and possession of the District Court, which shall proceed to final judgment
or decree, order or other determination in the several matters and causes,
as the Territorial Probate Court might have done, if this Constitution
had not been adopted. And until the expiration of the term of office
of the Probate Judges, such Probate Judges shall perform the duties
now imposed upon them by the laws of the Territory. The District Courts
shall have appellate and revisory jurisdiction over the decisions of
the Probate Courts as now provided by law, until such latter courts
expire by limitation.
Sec.
10. [Officers to hold office until superseded.] All officers, civil
and military, now holding their offices and appointments in this Territory
by authority of law, shall continue to hold and exercise their respective
offices and appointments, until superseded under this Constitution:
Provided, That the provisions of this section shall be subject to the
provisions of the Act of Congress, providing for the admission of the
State of Utah, approved by the President of the United States on July
16th, 1894.
Sec.
11. [Election for adoption or rejection of constitution, and for state
officers. Voters.] The election for the adoption or rejection of this
Constitution, and for State Officers herein provided for, shall be held
on the Tuesday next after the first Monday in November, 1895, and shall
be conducted according to the laws of the Territory, and the provisions
of the Enabling Act; the votes cast at said election shall be canvassed,
and returns made, in the same manner as was provided for in the election
for delegates to the Constitutional Convention. Provided, That all male
citizens of the United States, over the age of twenty-one years, who
have resided in this Territory for one year next prior to such election,
are hereby authorized to vote for or against the adoption of this Constitution,
and for the State Officers herein provided for. The returns of said
election shall be made to the Utah Commission, who shall cause the same
to be canvassed, and shall certify the result of the vote for or against
the Constitution, to the President of the United States, in the manner
required by the Enabling Act; and said Commission shall issue certificates
of election to the persons elected to said offices severally, and shall
make and file with the Secretary of the Territory, an abstract, certified
to by them, of the number of votes cast for each person for each of
said offices, and of the total number of votes cast in each county.
Sec.
12. [Id. Officers to be elected.] The State Officers to be voted for
at the time of the adoption of this Constitution, shall be a Governor,
Secretary of State, State Auditor, State Treasurer, Attorney General,
Superintendent of Public Instruction, Members of the Senate and House
of Representatives, three Supreme Judges, nine District Judges, and
a Representative to Congress.
Sec.
13. [Contest for district judgeship, how determined.] In case of a contest
of election between candidates, at the first general election under
this Constitution, for Judges of the District Courts, the evidence shall
be taken in the manner prescribed by the Territorial laws, and the testimony
so taken shall be certified to the Secretary of State, and said officer,
together with the Governor and the Treasurer of the State, shall review
the evidence, and determine who is entitled to the certificate of election.
Sec.
14. [Constitution to be submitted to voters. Ballot.] This Constitution
shall be submitted for adoption or rejection, to a vote of the qualified
electors of the proposed State, at the general election to be held on
the Tuesday next after the first Monday in November, A. D. 1895. At
the said election the ballot shall be in the following form: For the
Constitution. Yes. No. As a heading to each of said ballots there shall
be printed on each ballot the following Instructions to Voters: All
persons desiring to vote for the Constitution must erase the word "No."
All persons desiring to vote against the Constitution must erase the
word "Yes."
Sec.
15. [Election of officers not provided for herein.] The Legislature,
at its first session, shall provide for the election of all officers,
whose election is not provided for elsewhere in this Constitution, and
fix the time for the commencement and duration of their terms.
Sec.
16. [When Constitution in force.] The provisions of this Constitution
shall be in force from the day on which the President of the United
States shall issue his proclamation, declaring the State of Utah admitted
into the Union; and the terms of all officers elected at the first election
under the provisions of this Constitution, shall commence on the first
Monday, next succeeding the issue of said proclamation. Their terms
of office shall expire when their successors are elected and qualified
under this Constitution.
Done
in Convention at Salt Lake City, in the Territory of Utah, this eighth
day of May, in the year of our Lord one thousand eight hundred and ninety-five,
and of the Independence of the United States the one hundred and nineteenth.