| Show AN ACT ta to establish a territorial government for utah sec L 1 be it enacted by the senate senata and house of represents pf af the united states of A niber in congress assembled that all ali that part of the territory of odthe aba tha united states included within the following limits to wit bounded on the west by the stata of california on the north by the territory of oregon and on the casily easily the summit of the rocky mountains and on the south by the thirty seventh parallel of north labit latitude ado be and the same is hereby into a temporary government ern orn ment by the name of the terri tory of utah and when admitted as is a state the said territory or any of the same shall be received into the union with or slav slavery ory dry as their constitution apy prescribe at the time of their provided that pothiti nothing in this adt act contained shall be st rued to inhibit the government of the united states from dividing said salci territory teni tory into two erm orm orare re territories in in such sueh m anner manner wd and at t such seich times as cong ess shall abd m convenio conven mel mei ic t and proper or rom roin attaching any n of said territory terr tern tory tty to any ariy other state te cr ter of the united states S 2 aud and be it fertl furar r enact ek erd frd that the executive power po pow pov cr and auni auth nty arty rny ray in in aud over sai sal 1 1 territory 0 of f utah shall I 1 be vested ri 11 a governer who shall shail hold ins lis office for four years and until his successor shall be appointed and sooner rem removed ved by the united stites S the governor shall shail reside within sald said territory shall be commande of thu the militia perform the duties and receive the emolument superintendent Irit lan ian affairs and shall shail approve all lawi passed pissed by the legislative assembly before they shall take cf ef beche may grant pardons for c cf f fences against the laws of said territory and reprieves for of fences against the laws of the united states until the decision of the president can be made known thereon he shall commission all officers who shall be appointed to office under the laws of the said territory and shall take care that the laws he be faithfully executed sec 3 and be it further enacted that there shall be a secretary of said territory who shall reside therein and hold his office for four years unless sooner removed by the president of the united states he shall record and preserve all the lawsond laws and proceedings of the legislative assembly heroin after constituted and all the acts and proceedings of the governor in his executive department lie he shall transmit one copy of the laws and one copy of the executive proceedings on or before tho the first day of december in each eacil year to the president of the united State sand at the same time two copies of the laws to the speaker of the house of representatives and the president of the senate for the use of congress gress gross and in the case of the death removal resignation or oth er or necessary absence of the governor from the territory the secretary shall have and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence or until another governor shall be duly appointed to fill such vacancy sec see 4 and be it further enacted that the legislative power fower and authority of said territory shall bo be vested in the gover eov pov governor error nor vor and a legill legislative dative assembly the illis legis lativs assembly shall consist of a council and alid house horse of tives the council consist rf th recci i members rnell ers having havir havil the qualifications of voters as hereinafter prescribed whose term of service shall shail cont cout continue irme two years the house of representatives shall consist of twenty six members possessing the same qualifications as prescribed for members of the council and whose term of service shall continue one year an apportionment shall bo be made as nearly equal as practicable among the several coun counties tips or districts for the election of the council and house of representatives giving to each section of the territory representation sen tation in the ratio of its population indians excepted as nearly as may be and the members of the council and of the house of representatives presenta tives shall reside in and be inhabitants of the district for which they may be elected respectively previous to the first elect election lon iOD the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the territory to be taken and the first election shall be held field at such time and places and be conducted in such ma manner manlier niler as the governor shall appoint ar and aud and d direct and ho he shall at the same time declare the number of member members of the council and house of representatives to which each of the counties or districts be entitled under this act th number of persons authorized to be elected having the highest number of votes in each of said council districts for members of the council shall be declared by tho the governor to be duly elected to the council and the person or persons authorized to be elected having the highest number of votes for the house of representatives equal to the number to which each county cr district shall shail be entitled shall be declared by the governor to be duly elected members of the hansa honsa of representatives provided that III lii c cc fe e of a tie between two r rr r nack LACK re persons poisons voted for the tile governor vernor ahall order a new election to supply the vacancy made by such a tie he and the persons thus elected to the legislative assembly assembly y shall meet at such place and on sach s ach day as the tiie governor shall af a rint fint mt but thereafter the time pik pl and manner of holding aid ald a d c acting all elections by the pi ie le and the apportioning the re rc sen son tation in the several counts s r distl jets to the cwicig cw cancil icil and va h afre of rel rei re Fe recording cording t opala til shall bp prescribed pre scribed by iv tv as v 1 A l as the cily lily day of the c encel tnt int of the regular re ililear sess sot tr tl ir os assembly I 1 ried hied T fielt i it no llo one session s i execl 1 the term of forty d 4 i 5 J i be it further enacts th at iry vry ly free white male i litant bovo hove the P v e of twin awen t 3 ye v ho lio shall shail 1 I 1 have been a dilt deit id idi tern terr ter rny roy at the t of f ti til I 1 issace ol 01 0 this act sh 1 i he ie ei 1 d to vot vote it the first tun al d shall hali be ell cli eible liable to 4 jice lice I 1 anti h i ti the tile s d territory I 1 t ne i e qu 11 i lations nations of voters and i it s ling I 1 c e at all abre quent i ins IM i be such s shall be libed bed the lei lel le s ulve active as y 1 P ded dej v med thit tnt the right i ili iii I 1 frage rage od A of hol hoi bolfing hing fing office s I 1 I 1 be he c e cd only orly only by citizens f ti rie rip e U d i state including ta b iceo zed ed as city citi citizens ens by the tre fe tj wit tc line republic cf of concil I I 1 uarl uirl second c 4 1 teen teen lii lit li i died dred and fulty kity eight 6 c 6 VA 1 he be it t lither birther enact tr 1 that t ta legislative power of s S ten it v hall shall extend extend to all r i f i I 1 su ts of lec L t bici WK I 1 0 tie tle tip ie constitution of the I 1 td st cs s and the provisions i hs i s ac hut no lt law lew w shall be j s d int i nug wili cle cie prima frima ry r d posa 4 t tile tiie t e soil no co tax ta shall shail lp i p i spose I 1 uloa ulon lioa the Tr rr of tl I 1 stats stat s n i hail hall the Is cr r pro property perty peTty ot of n mi tits t t ints enta nta its fixed d higler ingler tian lai tle tie ele llie 1 i I lerot 1 erot crot r 1 er 4 ive tee t c law i by the le legisla gisla t y e rr shrill I 1 submitted sub nn i ted led to the congress of t P anted states and if disapproved tro iro ved s sh i ili ill t 1 1 bo c j inal i ul 1 I 1 a 1 I 0 cf f no n 0 e effect I 1 sec see 7 and be it further enacted that all township district and county officers not herein otherwise provided for shall be appointed or elected as the tile case may be in such manner as shall be provided by the governor and legislative assembly of the territory ot of I 1 tah the governor shall nominate and by and with the advice and consent of the legislative council appoint all officers not herein otherwise provided for and in the first instance tho the governor alone may appoint all said officers who he shall hold their offices until tho the end of tho the first session of the legislative assembly and shail shall lay off the necessary districts for members of the council and house of representatives and all other officers sec see 8 S and be it further enacted that no member of the legislative assembly shall hold or be appointed to any office which shall have been created or the salary or emoluments of which shall have been inc increased while he was a member during the term for which he was elected and for one year after the expiration of such term arid and no person holding li a commission or appointment under the united states except postmasters shall be a member of the legislative gisla tive assembly or shall hold any office under the tiie government of said territory sec 9 and be it further enacted that tho the judicial power of said territory shall be vested in a supreme court district courts probate courts and in justices of tho the peace the supreme court shall shail consist of a chief justice and two associate justi justl cesany two of whom shall constitute a quorum quon maid mard and who shall hold a term at the seat of ot go N e cn 11 r P t t f sa i 1 I te rr t r y an annual ii ua I 1 ly li and mid they shall hold their thir offices es during the perica of four years the faid territory terri terni tery ry she lii ill be divided lj to tu three judicial districts and a district court shall by be held in of said districts by one of the justic ties tics LS of the supreme court at such sulli time and aid ai ald d place as may tc ic bed by law arid arld the said judges shall after their appointment appointments respectively reside in the districts which shall be assigned them the jurisdiction of the several courts herein provided for both appellate arid and original and that of the probate courts and of justices of the peace shall be as limited by law provided that justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute or where the debt or sum claimed shall exceed one hundred dollars and the said supreme and district courts respectively shall possess chancery as well as common law jurisdiction each district court or the judge thereof shall appoint its clerk wiio wilo vilo shall also be the register in chancery and shall keep his office at the place where the court may be held writs of error bilis of exception and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court under such regulations gu lations as may be prescribed by law but in no caso case removed to the supreme court shall trial by jury be allowed in said court the supreme court or the justices thereof shall appoint its own clerland cler cier kalid kand every clerk shall hold his office at the pleasure of the court for which lie shall havo have been appointed writs of error and appeals from the final decisions of said supreme court shall be allowed and may be taken to the supreme rne ine court of the united states in the same mariner manner and under the same samo regulations as from the circuit courts of the united states where the value of the property or the amount in controversy to be ascertained by the tile cath or afi aff affirmation ir mation matlon of either party or other competent witness shall exceed one thousand dollars except only that in all cases indol ving virg title to slaves the said writs of error or appeals shall be allowed and decided by the said supreme court without regard io to the value of the matter property or title III in controversy di and nd except also alsot that bat a writ of error or appeal shall also be allowed to the supreme court of the united states from the decisions of the said supreme court created by this act or of any judge thereof or of the district courts created by this act or of any judge thereof upon any writ of habeas corpus involving the question of personal freedom and each of the said district courts shall have and exercise the same jurisdiction in in all cases arising under the constitution and laws of the united states as is vested in the circuit and district courts of the united states and the said supreme and district courts of the said territory and the respective estive judges thereof shall and may grant writs of habeas corpus in all cases in which the same are grantable gran table tabie by the judges of the united states in tile the district of columbia and tile the first six days of every term of said courts or so much thereof as shall be necessary shall be appropriated to the tripi of causes arising under the tile said constitution and lawsond law sand writs of error and appeal in all such cases shall be made to the tho supreme court of said territory rythe the same as in other cases the said clerk shall receive in all such cases ses tiie tile same fees which the clerks of the district courts of oregon territory terri tiry now receive for similar services sec see 10 and be it further enacted that there shall be appointed an ati af terney attorney for said territory who shall shail continue in office for four years unless sooner removed by tile president and who shall receive the game came fees and salary as the attorney of the united states for the present territory of oregon there shall also be a marshal for ta territory appointed who shall llon hotd his office for four years unless sooner oner removed by the tile dent den dentandt tand alid who shall execute all processes issuing from the said courts when exorcising exorcising their jurisdiction ris as circuit and district courts of the united states lie he shall perform the duties be subject same sarrie regulation and penal ties and be entitled to the same fees as the earseal of the district court of the united states for the present territory of oregon and shall in addition be paid two hundred dollars annually as a compensation for extra services sec see 11 and be it further enacted that the governor secretary chief justice and associate justices attorney and marshal shall be nominated and by and with the advice and consent of the senate appointed by the president of the united states the governor ind and secretary to be appointed as aforesaid shall before they act as such respectively take an oath or affirmation before the district judge or some justice of the peace in the limits of said territory duly authorized zed to administer oaths and affirmations by the laws now in force therein or before the chief justice or some associate justice of the supreme court of the united states to support the constitution of the united states and faithfully to discharge the duties of their respective offices which said paths when so taken shall be certified by the person by whom the same shall have been taken and such certificates shall be received and rec recorded corded by the said secretary among the executive proceedings and the tiie chief justice and associate justices and all others civil officers in said territory before they act as such shall take a like oath or affirmation before tile the said governor or secretary or lome tome judge or justice of the tile peace of the territory who vilo may be duly commissioned and qualified which said oath or affirmation |
