Show CORRESPONDENCE Written for this thia Paper raper Pap I HOW WILL THIS DO Suggestions as to w what hat the constitution tion OO 01 of our budding State should and an should mould not oot contain being the custom of othe the time it seemed to me a good glod thing r 0 get P up lip the whole instrument and let foU folas all see flee what it would look like In print Acting on this bia idea the sub sub- subjoined subJoined Joined matter matter- la Is at your disposal If It It have bae no other use ule u e it ma may set some others to thinking and from that to t work and thus thue when the convention convenes It will have its labors labora already alread laid out for it Yours Youra constitutionally S 8 A KENNER KENNEB PREAMBLE We the people of ot the State of ol Utah for She be purpose e of establishing social i concord political equality and ana popular pro prosperity in our midst do ordain and i promulgate the succeeding provisions a as the charter of our sovereignty and anthe I the ue foundation and limitation of our making making law power ARTICLE THE I-THE I THE GOVERNMENT I The rhe government of the State of Utah shall ahall consist of three departments department executive legislative and judicial ARTICLE IL-E IL IL II EXECUTIVE DEPA T RENT MENT I The executive department shall consist of a governor whose term of 01 office e after atter tb the be two t I wo years and in 10 department officers hereinafter r provided for tor If the Governor shall die dl or be removed during his term tb the remainder thereof shall ahall be b fillets b by the Lieutenant Governor Who shall ball be chosen at the same time tinn as n the Governor and possess the same lame XII UL The Governor must have been beena beena a citizen n of the United States for tor a aperloo period of not lose less than ten years pre pre- preceding preceding ceding his election and a citizen of Utah for not Dot less leiS than five years He must at be not less than thirty years ot of otage aae age possessed po of ot at least a common l sool bOol education and be a qualified voter within the State These quail fl with the be exception of or age which in no cue case shall be less Jess than five years ar shall apply to aU all five of the State Stale not b herein relo other wee provided for The Governor shell hall U receive at regular times a salary set SQ Ile be be determined by law for his ser ser- ser 1 and he be shall baU receive no 00 other compensation reward gratuity or gilt whatsoever ver except such as are of a social character He shall re- re at the capital and when necessary r welfare of the be State or any por- por por portion tion hereof tor for him to visit any other p portion of ot the State or any other state a rea reasonable allowance shall be made maue for tor bl his bis necessary expenditures the dis- dis discharge die charge IV LV Before entering upon chill charge of ot their d duties u the Governor Lieutenant Governor Executive ve Council herein herein- r J provided for shall take an Constitution of ot the theU crib support the U i sa and of this State and ad impartially to GO execute UM tb e s VI 5 The Tho lieutenant Governor shall secs ve no- no no compensation as 88 such euch but I I b Ji be paid paM the same mileage aad and a aper iper per pd diem equal to oD one mor more than that oi of S Senators acting as ex ei officio Pre President ot of the Senate which be he is 18 authorized to do at all ail tim times w when ben that bod body is in session bession e slon VII The Governor shall shaH be Com Com- mande in of ot the militia mUltia and aDd naval forces of ot the State He Heshal shall have power for good cause shown to grant reprieves or pardons pardon for any offense against the laws of the State ex- ex except ex murder or treason w which can only be forgiven by the making law power He shall commission all aU appointive ap- ap appointive officers hereinafter provided for Jor and fill All all aU vacancies that mayoc- mayoc may oc- oc occur occur cur in an any office of the State except a Justice oi of toe Supreme Court and member of the Legislature VIII The rhe Governor shall at the tU be beginning of every session of the cue be Legis Legia Legislature lature and as often otherwise as he be b may deem necessary communicate with the Legislature on subjects of 01 moment to the State making malung suet such suggestions and giving such Information information tion Lion as may be pertinent IX He shall by and with the ad- ad advice ad vice and consent of the Senate ape ap- appoint ap point at or near the tho beginning of ot his hie hi term the following department officer j A Secretary of State Stace an Attorney Genera General a of Public Schools a Tr Treasurer and an Auditor Audi of Public Accounts Account whose term 0 o office shall after alter the first be two years yean and until their successors qualify The Th duties in detail and compensation of these officers shall be as determined by bylaw bylaw law Jaw They shall with the Governor constitute the Executive Council CouncH and an I shall ahall baU reside at the capital during their thel terms terme of office ARTICLE THE m-THE III THE LEGISLATURE I 1 The Legislature shall consist of a Senate and aDd an Assembly No one shall baU be a Senator or Assemblyman Al who shall ball not DOt have bave attained the age of twenty five years and has been for tor forat forat at lea least one year a resident of the die dis- district dis district triet fr m which he is chosen The Senate shall be a perpetu perpetual l body one one- one half half balf of the members ot of which as near near- nearly nearly I ly as may be shall be chosen every two years but in the first in instance all aU shall be chosen and it shall be deter aeter determined mined by lot jot who shall have bave the tullan fulland full tull and an w who bo the short terms The Assem- Assem Assemblymen shall after the first rt be chosen every two years Not more that one term shall l beheld be held in a year nor less leas than thana a term In two years yeara and no term shall exceed sixty house bouse or both bouses houses may be called to- to together gether in extraordinary session by the Governor whenever there is II a great and pres pressing necessity II The Toe first Legislature shall Ihl con oon- consist consist ol of fifteen Senators and thirty Assemblymen As- As Assemblymen As Assembly men apportioned as aa follow follows SENATE DISTRICTS l DISTRICTS 1 Cache coun county ty 2 Rich filch and Box Elder counties 3 Ogden O den city 4 all aU the remaining of Weber county and Morgan count county 6 5 Davis and Tooele counties 6 all aU of Stilt Salt Lake City north of South Temple street 7 all aU of ot Salt Lake City south of South Temple street and north of Third South street 8 all aU the remain remain- remainder remainder der of Salt Lake City including all the di district west welt of the Jordan river 9 all the remainder of Salt Lake coun count county Summit Wasatch and Uintah co 00 11 Utah county 12 Emery Car Cain Grand Wayne and San Juan cotz coa IS 13 Sanpete and Juab counties 14 lard Beaver and Sevier counties the remainder of the Territory J For the tbt present each senate d elect two Assemblymen a the first meeting of the Legisla ure other districting and apportion maybe made as is ia pro per but the m mo q o of shall not exceed Elite fifteen AL L fJ that of Assemblymen thirty until it I State shall be awarded snore more tha Representative f in n Congress At- At At time the Congressional and L Leg 7 tive districts shall be arranged by bl one Senator and i Assemblymen added for each add al Congressman 3 h- III The compensation of the lc LV S lature and that of the officers tl thi shan shall be determined by law Jaw but In case shall there be other pay than per diem and n nb noway r way or other passes shall be Sac by members going or returning 1 1 r their legislative duties 1 IV V The Senate shall shaH have bave tb the I power of trying Impeachments the Assembly of ot formulating and articles of ot g an any officer of the State and When s or Lieutenant Governor trial the Chief Justice shall pr V It shall require a two thirds of the he Senate to convict and aDd ocr oo tion shall operate as the immediate t m- m moval of the accused from office entail no other penalty whatever V Members of ot the Legisla 1 Shall baU be privileged from arr arras a I misdemeanors w while hUe on their w way to attend a regular or special specials session li 1 VI Each house bouse shall be be tg the R ti jUd judge e of the the election and aad of i its members members and shall ahall choose ft o tea officers but none nOlle but hut the press pre f officers shall be members I VII The mode of ot enacting r approval thereof together with minutiae of of of legislation Jeg J shall be b mit LIi same as are in force in the t nationaL at the time of the f 1 of this Constitution c VIII The Legislature shall have h I power to enact all aU proper and nee I legislation not in conflict with I national or this Constitution j f v ARTICLE IV THE lV-THE THE JUDICIARY a I The Th judicial Jud cial power of the t i shall shan be veste vested vested l in io a Supreme court District courts Probate courts court l C courts court of Justices of the peace II JE the the Legislature may whenever whenever f- f needs of the State or any an portion thereof require it create W ci 1 p tribunals limiting and anti defining m power tt II II The Supreme court coort 8 shall i c 09 I p of three members who shall be learn Je D 3 in the law have bave been in 0 reputable practice in the highest for not less than ten years of ot moral character and not less thirty five years yearl old ld Their ANN 3 shall not exceed a 1 i and they shall not practice ri 5 1 connected in business with WJ l l a practising lawyer Their fa ter r i s office shall be six years but in hl the JI instance one ODe shall hold for tor tw two y another for four tour years yeara and the r rp 0 ing one for the lull ruB term the ia XI ment to be determined by lot Jot i f manner of choosing of the Justices fi t qt instance shall ball be as follows follow 8 general election first herein F od ed for tor each elector lector t shall be lo en en- en r gyp vote for two Justices of the theme aide me Court and for two only The eying g the highest vote shall hall be bed bei d elected gull anil the one having vote of all II shall hall be Chief but If it no one shall hall have hare a at t Tote ote te than the others then the theire re ire Council shall ball determine oT ilea ibe be three throe elected shall hall be bo Chief j There after atter such justices shall ball f e by the Governor and by the Senate S naf shall shaH hall be the theO n I 1 The O Urt rt of last resort in ail all caw cases civil arising under the laws 2 practice of ot the State it should q at least two terms a year at the Ital of the State 1 1 and writs writs writt of error lie to M Supreme preme court coun court from the district V Vl l t a 1 I which shall have bave original d lotion without limit in all cases and equitable arising the be he laws law of the State tate J- J Jl Jere l here ere shall shaH ball be seven Judicial dis- dis in the State Staf but the number and aad the be increased geographical dories thereof by the lature w whenever enever necessary otherwise arranged Salt Lake j 1 r shall ball constitute the First Fint district t remainder of ot Salt Lake county 7 and Tooele counties s the r kd theW Weber and Davis DATI counties the W c r i- i ii i- i Ij I Utah tab and Juab counties the I tn tD tn- tn Cache Cach Rich Bich BIX B IX x Elder and counties the Fifth Wasatch Emery Grand Carbon anu amI r e counties the Sixth all the reE re- re reIT E IT er of the Territory the Seventh the be districts district but the First Fint the 1 81 shall hull be divided among the thy coun- coun count kte coun-kte t each manner A as ai shall i hall A- A At be t- t most moat eat to the people to be an- an anby anby wj by executive proclamation otherwise arranged rr o d by the Legis Legi L gi JE Each oh district shall hall have b T a judge shall hr be appointed by the gover- gover BOTTA confirmed by the Senate His ll mot 1 office shall ball be three years yean He Heis H is Jl f side ide in his hi district during his bli ait if ef f office but may be temporarily oed geed to any other district 0 by the whenever necessary nece y H He be not less leu than thirty years yean old wed Tl In the law Jaw have hare practiced not ao six ix years year in ln the highest courts be of good food moral character tie t receive a salary alary which shall AbaH beh be logo JM than ibao that of the Supreme me Judges h I mot 80 t exceed a year and be Now the same regulatIOns and m 1 Wi Each ri-Each Each eh district shall hall elect a pro- pro DC t g attorney who shall hall represent ent to or any of its it interests inter t within E d ot at in which he is chosen ChOseD en His U 11 be after aner the first fint two years J libe be a resident of the district w a member of ot the bar in good g g have haTe bad had not lei lee than five in the highest courts good moral character His tion shall hall be a year and andee may be provided Vy by tty lawair law r J be deputy a-deputy a of the Attorney l And l-And nd may himself have a Sh x t There shall ball be a Marshal Manhal OX by Iy y V the voters of the State m of office shall after arter tb the e He shall hall be the officer of t the e Supreme y s a and District Courts and may have bave one or more deputies ties for each if needed His compensation shall hall be the same lame as that of the Attorney General IX Probate Judges Judged shall ball be elected by the people of or the respective counties Their term ot of office shall bull be two years Their Jurisdiction duties and com com- compensation compensation shall hall be as ai provided by law but until BO so o provided shall hall remain as asunder asunder under the Territorial Government or of ofU Utah h h X Justices of the peace shall shaH ball be beI I chosen in each precinct and organized city of the State in the libe same iame manner and with the same ame Jurisdiction as asunder under Territorial Government XI All AU prosecutions prosecution or suits on be behalf be- be half halt of ot the State shall ball be brought in to the name ame of the State of ofU Utah tab tah ARTICLE ELECTIONS V-ELECTIONS V ELECTIONS I 1 A general election shall hall haH be held heldon heldon heldon on the first fint Tuesday after the first Monday in November 1895 1896 at which shall hall be chosen all an the elective officers previously set et out in this thil Constitution They shall hall bl be b sworn worn in and take pos poi pos possession session ion of their respective re offices office on the day that Utah shall ball baH become a member of t the be Federal U Union olon and re- re remain remain re remain main fn tn office until the first day of January 1897 All AU general elections election shall hall thereafter be held biennially be- be beginning beginning be beginning ginning on the Tuesday after ater the first Monday in November 1896 and the officers take their seats on the 1st let day of January following The legislature at t its it first fint session ion shall hall provide for Cor the times and places and all other matters of detail regarding elections but until this shall ball be dose the qualifications qualification of voters places place of or voting manner of conducting elections election making returns thereon and certification thereof shall hallbe be as a under the Territorial law At the same ame time and for the same terms term each county shall hall elect all an theother the theother theother other county officers officer elected by it prior to the formation of this thil Constitution whose duties dutle and compensatIon shall hallbe be the same ame as a previously ARTICLE VI THE VI-THE THE MILITIA I The militia of the Territory of Utah shan shall hall hold bold over and become the militia of the State of Utah |