CIVIL GOVERNMENT OF 
 
 UTAH 
 
 THOMAS 
 
uorneu universny uorary 
 
 JK8425.T5 1912 
 
 Civil government of Utah, 
 
 3 1924 014 070 688 
 
 J^eto Hork 
 
 £>tate College of Agriculture 
 
 St Cornell 23nibersitp 
 
 Stljaca, B. g. 
 
 Xibrarp 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924014070688 
 
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CIVIL GOVERNMENT 
 OF UTAH 
 
 BY 
 
 GEORGE THOMAS, A.B., Ph.D. 
 
 PROFESSOR OF ECONOMICS, AGRICULTURAL COLLEGE OF UTAH 
 
 oXKo 
 
 D. C. HEATH & CO., PUBLISHERS 
 
 BOSTON NEW YORK CHICAGO 
 
Copyright, 1912, 
 By D. C. Heath & Co. 
 
 1E4 
 
INTRODUCTION 
 
 A State, according to Woolsey, is a community of 
 persons living within certain limits of territory, under 
 a permanent organization which aims to secure the preva- 
 lence of justice by self-imposed laws. The organ of the 
 state by which its relations with other states are managed 
 is the government. So when we speak of the State of 
 Utah we mean the territory, the people, the government, 
 and the laws. 
 
 Territory. To be a state a community in these days 
 must have a permanent abode. The boundaries of the 
 territory must be defined with reasonable accuracy. The 
 people who constitute the community must have a settled 
 abode. Wandering tribes like Indians would not be con- 
 sidered a state. People wandering to and fro without 
 a fixed habitat like the Indians could not constitute a 
 state. 
 
 The people, with their customs, institutions, and political 
 and religious ideas, make the written and unwritten con- 
 stitution and laws. In our land, from the Atlantic to the 
 Pacific, our institutions are very similar. This is due 
 to the fact that our people live and think very much 
 the same. 
 
 Laws. In state and nation we have two kinds of laws : 
 the fundamental laws, commonly known as constitutions 
 and voted upon by the voters ; and the ordinary laws 
 made by the legislatures. Constitutions can generally be 
 
IV INTRODUCTION 
 
 amended or changed only after serious deliberation by 
 the legislature or by a constitutional convention and by a 
 vote of the people. Laws, on the other hand, can be 
 changed by the legislature at its will. 
 
 Government. Government is the instrument by which 
 the people express and enforce their will. The voters, 
 by means of the ballot, elect men to represent them in 
 the legislature to make the laws, and also officials to 
 enforce the laws. If we are to have good efficient govern- 
 ment, it is very essential that honorable and capable men 
 be elected to represent us in all official positions. An 
 officer of the law is entitled to and should receive respect 
 and support. It is much easier for a good man to secure 
 and retain such respect, and we are almost certain to 
 obtain a better enforcement of the laws. 
 
CONTENTS 
 
 CHAPTER I 
 HISTORICAL SKETCH OF UTAH 
 
 PAGE 
 
 Spanish Explorers i 
 
 Hunters and Trappers 10 
 
 Emigration 18 
 
 Pioneers 21 
 
 CHAPTER II 
 THE GOVERNMENT BEFORE STATEHOOD 
 
 Spanish Colonial Government 24 
 
 Territorial Government . 25 
 
 CHAPTER III 
 
 STATE GOVERNMENT 
 State Government . 32 
 
 CHAPTER IV 
 GOVERNMENT OF UTAH 
 
 Preamble and Citizenship 36 
 
 Legislative Department 43 
 
 Executive Department . . 52 
 
 Judicial Department . 58 
 
 Appointive Officers .66 
 
 State Boards and Commissions 73 
 
 CHAPTER V 
 COUNTY GOVERNMENT 
 
 County Government 85 
 
 v 
 
vi CONTENTS 
 
 CHAPTER VI 
 LOCAL GOVERNMENT 
 
 PACE 
 
 Local Government i°° 
 
 CHAPTER VII 
 
 EDUCATION 
 
 Education U7 
 
 CHAPTER VIII 
 
 TAXATION 
 
 Taxation 129 
 
 CHAPTER IX 
 
 PENAL AND CHARITABLE INSTITUTIONS 
 
 Penal and Charitable Institutions 133 
 
 CHAPTER X 
 
 POLITICAL PARTIES 
 
 Political Parties 135 
 
 CHAPTER XI 
 
 REGISTRATION AND ELECTIONS 
 
 Registration and Elections 141 
 
 APPENDIX 
 State Officers 147 
 
 CONSTITUTION 
 
 Constitution of the State of Utah 149 
 
 Index 197 
 
MAPS 
 
 Routes of de Cardenas and of Domingues and Escalante 
 
 Spanish Trail ..... 
 
 Route of Jedidiah S. Smith, 1826 
 
 Route of Bonneville, 1831-33 
 
 Route of Fremont, 1843-44 . 
 
 Route of Pioneers of 1847 • 
 
 Proposed State of Deseret, 1849 
 
 Territory of Utah, 1850 
 
 PAGE 
 
 4 
 
 9 
 
 14 
 
 '5 
 
 19 
 
 22 
 
 27 
 29 
 
 ILLUSTRATIONS 
 
 Capitol of Utah . Fro7ttispiece 
 
 Agricultural College ....... Facing 76 
 
 City and County Building "86 
 
 University of Utah " 126 
 
CIVIL GOVERNMENT 
 OF UTAH 
 
 CHAPTER I 
 HISTORICAL SKETCH OF UTAH 
 
 Spanish Explorers 
 
 At the time of the Spanish Conquest of Mexico (15 19) 
 the Pueblo Indians dwelt along the Colorado River in 
 Utah, Colorado, Arizona, and New Mexico. They were 
 more highly civilized than any other of the Indian races 
 of North America, with the exception of the Aztecs and 
 Moyas. They kept flocks of sheep, raised corn, manu- 
 factured blankets and other crude articles needed by a 
 primitive people. Their houses were constructed of stone 
 or adobe. 
 
 These conditions were so far in advance of the surround- 
 ing tribes that exaggerated rumors of their greatness had 
 spread to many tribes. The stories grew in extent as 
 they traveled until they reached the ears of the Spanish 
 rulers far to the south. To them the country became 
 known as the " Land of the Seven Cities," which was rich 
 beyond comparison in silver, gold, and topazes. 
 
 The earliest apparently reliable bearer of these tales 
 was Tejos, a Spanish slave, who was the son of an Indian 
 feather dealer. So truthful did his stories appear that 
 Nuno de Guzman, ruler of Spanish America, set out in 
 1530 with a force of four hundred soldiers and twenty 
 
2 HISTORICAL SKETCH OF UTAH 
 
 thousand natives in search of the fertile country and rich 
 people to the north. He had not gone far, however, be- 
 fore the difficulties of the march in the wild country and 
 pathless mountains discouraged his soldiers and wore out 
 the Indians. They all became disheartened and returned 
 to Mexico. 
 
 Meanwhile the Indian guide, Tejos, had died, but after 
 Cabeza de Vaca had completed his famous trip from Flor- 
 ida across the continent, he brought to his Spanish country- 
 men glowing accounts of a civilized people dwelling in 
 houses and large cities near what we know as the Rocky 
 Mountains. As soon as De Vaca and his company reached 
 Mexico, his supposed discoveries were communicated to 
 Mendoza, the viceroy or supreme Spanish ruler of North 
 America, and Mendoza informed Coronado, the governor of 
 New Gallicia, one of the northern provinces of what we 
 know as Mexico. Acting upon the advice of the viceroy, 
 Coronado enlisted an army and began a northward march 
 from the City of Mexico to the " Land of the Seven Cities." 
 The road of march lay in a country so rough and dry as 
 to make it almost impossible to complete the journey. 
 Early in August, 1540, however, the land of "Cibola" was 
 reached. This was the point where rumors claimed the 
 location of the "Seven Cities." Imagine, if you can, in- 
 stead of several cities, a small Indian village containing 
 about two hundred inhabitants. 
 
 Coronado with a small band had pushed on ahead of the 
 army. So, at Cibola, now known as Zufti, in New Mexico, 
 a rest was taken in order for the main army to overtake 
 them. It is at this point that our real interest in the 
 journey begins. During this delay, expeditions were sent 
 out in various directions. One of these expeditions under 
 Pedro de Tabor and Father Padilla proceeded northwest 
 
SPANISH EXPLORERS 3 
 
 and in five days reached Tuscayan, or the Moqui villages, 
 — villages of Cliff Dwellers, — which were readily captured. 
 From the Moqui Indians they learned of a large river 
 lying to the north and upon their return to Cibola, Tabor 
 and Padilla reported to Coronado what they had heard. 
 Whereupon Captain Garcia Lopez de Cardenas was dis- 
 patched with twelve men to explore the new stream. 
 From the Moqui villages Cardenas marched twenty days 
 in a northwesterly direction until he reached a river, since 
 known as the Colorado. Cardenas and his companions 
 were possibly the first Europeans to set foot upon the soil 
 of the present state of Utah. 
 
 The gorge of the stream, the Grand Canon of Colorado, 
 was so deep, however, that it was impossible to reach the 
 bottom of the canon, so they returned to Tuscayon, and 
 and from there to Cibola. The visit was brief in the ex- 
 treme and little information was obtained, but it was the 
 first effort of civilized man to learn something of the great 
 intermountain country. 
 
 It is a long time from 1540 to 1776, the date of the next 
 expedition that set out to explore the territory now em- 
 braced within our state. This attempt was again from the 
 south. Father Junipero Serra in 1770 urged that efforts 
 be made to discover, if possible, a route from Santa Fe, 
 New Mexico, to Monterey, California. It was not, how- 
 ever, until July 29, 1776, that the attempt was made by 
 two priests, Dominguez and Escalante and seven others. 
 Father Escalante was a Spanish priest and a missionary to 
 the Indians. From Santa Fe, their starting point, the 
 small company traveled northwest until they reached Abi- 
 quiu. From Abiquiu they went almost directly north to 
 Nieves and from there down the north bank of the San 
 Juan river for some distance, and then turning, the ex- 
 
4 HISTORICAL SKETCH OF UTAH 
 
 plorers went directly north to the Grand River. Continu- 
 ing northward, on the ioth of August, 1776, they camped 
 upon the White River within the present boundaries of the 
 state of Utah. 
 
 On the Grand River they found a settlement of the 
 Yutas. From these they tried to secure guides to direct 
 
 Route of De Cardenas, 1540, and ok Dominc.ues and Escalante, 
 
 1776-77 
 
 them to the land of Timpanogas, where they expected to 
 find Pueblo towns. The Indians, however, were afraid, and 
 would not provide guides. Signs of buffalo were present 
 and one was killed for food. 
 
 From the White River the company journeyed west un- 
 til it reached the Green River, followed down this stream 
 to within a short distance of the mouth of the Uinta 
 crossed the Green, traveled westwardly up along the north 
 bank of the Uinta, forded the Duchesne Fork. From this 
 point, with considerable difficulty, the explorers made their 
 
SPANISH EXPLORERS 5 
 
 way to the headwaters of the Timpanogas River. This 
 stream was followed until the level country (Land of Tim- 
 panogas) surrounding Utah Lake was reached. Father 
 Escalante describes the people and the territory surround- 
 ing Utah Lake : — 
 
 " North of the river of San Buenaventura (Green River) 
 as we have shown before, there is a range of mountains 
 that, so far as we could learn, extends from the northeast 
 to the southwest more than seventy leagues, and in width 
 more than forty, and where we crossed it is more than 
 thirty leagues. In the western part of these mountains, 
 in latitude 40 49', and in a direction a quarter northeast of 
 north of the town of Santa Fe, in the ' Valley of Our Lady 
 of Mercy of the Timpanogas ' (Utah Valley) surrounded 
 by the peaks of the Sierra, from which flow four rivers, 
 which flow through and water it, until they enter the lake 
 in the middle of it. The plain of the valley extends 
 from southeast to northwest, sixteen Spanish leagues (a 
 league is 2.4 miles) and from northeast to southwest ten or 
 twelve leagues ; it is all clean land and, with the exception 
 of the marshy places along the shores of the lake, very 
 good for planting. From the four rivers that water it the 
 first flows from the south, and is the Aguas Calientes 
 (Currant Creek), in whose broad plains is sufficient culti- 
 vatable land for two large villages. The second, following 
 the first, three leagues to the north, and with more water 
 than the first, could maintain one large and two small vil- 
 lages. This river, before entering into the lake, is divided 
 into two branches, on whose banks are poplars and large al- 
 der trees. We named this river San Nicholas (Spanish Fork 
 River). Three leagues and a half from this to the north- 
 west is a river which runs through large plains of good 
 planting land. It has more water than the two preceding 
 
6 HISTORICAL SKETCH OF UTAH 
 
 ones ; it has larger groves and plenty of good land, if irri- 
 gated, for two or even three large villages. We were near 
 this river the 24th, and the 25th, and we named it Rio 
 de San Antonia de Padua (Saint Anthony of Padua) 
 (Provo River). To the fourth river we did not go, al- 
 though we saw it. It has on each side of it much level 
 ground. They told us that it had as much water as the 
 others, and so I am satisfied we could establish there some 
 ranches and towns. We named it the river of Santa Ana 
 (American Fork River). 
 
 "Aside from these rivers, there are in the plain many 
 pools of good water, and several fountains, which flow down 
 from the mountains. From what we have just said about 
 the settlements, let it be understood that we wish to give to 
 each one more land than he really needs, but if each settle- 
 ment took only one league for cultivation, there would be 
 room in the valley for as many villages of Indians as there 
 are in New Mexico ; because although in the northerly direc- 
 tion we gave to it the above dimensions ( though it has more ), 
 on the south it also has large spaces of good ground. 
 There is everywhere good abundant pasturage, and in some 
 parts flax and hemp grow in such abundance that it seems 
 to have been planted. 
 
 "The climate here is good, and, having suffered so much 
 from cold since leaving the river of San Buenaventura 
 (Green River), we found this valley very comfortable both 
 day and night. Aside from all these advantages, in the 
 range that surrounds the valley there is plenty of wood 
 and timber, plenty of shelter, water, and grass, to raise 
 herds of cattle and horses ; that is, in the northern, north- 
 east, east, and southeastern parts. In the south and south- 
 west it has two other extended valleys, also with abundant 
 grass and sufficient water. One of these extends to 
 
SPANISH EXPLORERS 7 
 
 the lake. It (the lake) is six leagues wide and fifteen 
 leagues long; it extends to the northwest and, as we are 
 told, is connected by a river with a larger lake. This lake 
 of the Timpanogas abounds in many kinds of good fish 
 and in geese and other fowl that we had not time to see. 
 "The Indians of whom we have spoken live in the neigh- 
 borhood, and subsist upon the abundant fish of the lake, 
 from which reason the Yutas and the Sabueganas called 
 them the Fisheaters. They also gather seeds and herbs, 
 and from them make atole (a kind of gruel) ; they also 
 bunt wild hares, rabbits, and fowls, which are very abun- 
 dant here. There are also buffalo, not far away, to the 
 north-northwest, but fear of the Comanches hinders these 
 Indians from hunting them. Their dwelling places are huts 
 of cane. From cane they also make curious baskets and 
 other useful articles. They are very poorly clothed; the 
 most decent garment they wear is a jacket of buckskin 
 and moccasins and leggings of the same. For cold 
 weather they have blankets made of rabbit skins; they 
 use the Yuta language, but with a great many changes 
 and accents, and even some foreign words. They are 
 good looking and most of them without any beard. In all 
 parts of these mountains there live a great many of the 
 same people as the Lagunas, with the same language and 
 gentleness, among whom might be formed a province of 
 many large settlements. The names of the chiefs that 
 are in the token spoken of above are in their own lan- 
 guage, the Big Chief, being Turu; 1 the second, Cuitza; 
 of the third, which is our Silvestre, Panchu 1 (which 
 means spokesman), who is not a chief, but is a brother 
 of the Big Chief, Pichu. 1 
 
 1 Names in full: Turu Nuanchi; Cuitza Pununchi; Panchu Cumquibiran; 
 Pichuchi. 
 
8 HISTORICAL SKETCH OF UTAH 
 
 " The other lake that joins this one occupies, as we are 
 told, many leagues, and its waters are very harmful and 
 very salty ; the Timpanogas assured us that any one who 
 moistened any part of the body with it would at once feel 
 the part bathed greatly inflamed. They told us that near 
 the lake there lived a tribe very numerous and very quiet, 
 who were called Paua, 1 which in our tongue means sor- 
 cerers ; they speak the languages of the Comanches ; they 
 live on herbs and drink from the many fountains that are 
 near the lake, and their houses are of dry grass and earth. 
 They are not enemies of the Lagunas, as some have said, 
 but since a certain occasion when they killed a man, they 
 have not been so neutral as before. On this occasion they 
 entered by the last pass in the Sierra Blanca de los Tim- 
 panogas by a quarter north to the northwest, and by this 
 same pass they say the Comanches enter, but not very 
 frequently. 
 
 " Los Timpanogas are so called because of the lake on 
 which they live, which is called Timpanogas (Utah Lake), 
 the name being peculiar to this lake because the ordinary 
 name which they give to any lake is Pagarrori. It is six 
 leagues wide and fifteen long, to the narrow pass and 
 drains into the other lake." 
 
 After a few days' rest for man and animals on the bor- 
 ders of the lake, the company thought they must journey 
 on. They felt that they had gone far enough to the north- 
 west and must turn and go southwest to reach Monterey. 
 On September 26, with two Indian guides, the march was 
 begun through the Sevier Lake and River regions. Many 
 of the natives along the way were questioned as to a route 
 to the sea, but they knew nothing. By this time part of 
 the men were tired and wanted to return to Santa Fe ; 
 
 1 Name in full : 1'aua Guampors. 
 
SPANISH EXPLORERS 9 
 
 others desired to continue on to the sea. As a means of 
 determining the proper course to pursue, prayer was of- 
 fered and the answer came that in consequence of the 
 lateness and coldness of the season and the dampness of 
 the weather that it would be impossible to reach Monterey 
 before winter set in and that the company should return 
 
 Spanish Trail 
 
 to Santa Fe. The idea of going to the coast was, there- 
 fore, abandoned. Turning now to the eastward they de- 
 cided to go by the nearest route possible back to Santa 
 Fe. After traveling a long and circuitous way, the com- 
 pany finally reached the Grand Canon of the Colorado. 
 Twelve days were spent in unsuccessful attempts to cross 
 the river before a ford was found. Finally a crossing was 
 made at about the point where the southern boundary line 
 of Utah intersects the river. This accomplished, it did not 
 take long to reach the villages of the Moqui or cliff-dwell- 
 
IO HISTORICAL SKETCH OF UTAH 
 
 ing Indians and to go from there to Cibola or Zuni, and 
 from there to Santa Fc. 
 
 In the later part of the expedition the party suffered 
 considerably for want of food and water. The Indians 
 supplied small amounts, but not sufficient to feed the men. 
 Game was killed and finally pack horses were slaughtered 
 and eaten to prevent starvation. 
 
 Dominguez, Escalante, and their company were the sec- 
 ond group of Europeans to visit Utah. They are worthy 
 of our remembrance and gratitude because they revealed 
 to the Old World so much of the New. 
 
 Hunters and Trappers 
 
 The Spanish adventurers explored the Western world in 
 search of gold and treasure. They did not come to make 
 homes. The Spanish Catholic priests came to convert the 
 Indians to Christianity and to train them in civilization. 
 In the western part of the United States they were the 
 forerunners of the hunters, pathfinders, pioneers, and colo- 
 nizers. After the Spanish explorers and priests, and be- 
 fore the Anglo-Saxon settlers, came the American, English, 
 and French hunters and trappers. They were rovers and 
 searchers after fur-bearing animals. They undoubtedly 
 explored the largest part of the Rocky Mountains and 
 Western plains, but made no written records or maps of 
 their travels. They went wherever wild game was plenti- 
 ful. No record of even tolerable completeness exists of 
 their doings in the wilds of western .America, and it would 
 be impossible to tell of the wanderings of more than the 
 most prominent. 
 
 After 1826, thousands frequented the fur-producing re- 
 gions. So many, in fact, wandered all over the mountains, 
 and up and clown the streams, that it would appear that 
 
HUNTERS AND TRAPPERS II 
 
 the banks of nearly every stream had been the camping 
 ground of white men. 
 
 Among the first of those of authentic history to visit 
 Utah was James Bridger. To him, many claim, belongs 
 the honor of discovering the Great Salt Lake. During 
 the years 1824 and 1825, Bridger, together with a com- 
 pany of hunters and trappers, ascended the Missouri River 
 and its branches, and traveled by the South Pass into the 
 Rocky Mountains until they found themselves on the 
 headwaters of Bear River. Following this stream down 
 from its source, they reached Cache, or Willow Valley, 
 where they determined to winter. Bridger was interested 
 in finding the outlet of the Bear River and as a conse- 
 quence followed it through the mountains until it entered 
 the lake. There was an old map which placed an arm of 
 the ocean extending far inland, and Captain Bridger be- 
 lieved, when he found that the waters of the lake were 
 salty, that he had discovered an arm of the Pacific Ocean. 
 This belief led him to explore the lake in boats in the 
 hope of discovering the ocean. He was disappointed, 
 however, in finding no outlet to the body of salty water.* 
 As his boats explored the west side of the lake, where 
 few if any fresh water streams enter, he did not find any 
 beavers. He found few, if any, fur-bearing animals. Later, 
 however, the streams and fresh water lakes of Utah became 
 known as rich grounds for American and British trappers. 
 
 Dean Harris says that James Bridger was, in his day, 
 regarded as the greatest scout, the best shot, and the fore- 
 most guide and hunter of the Rocky Mountains and the 
 trans-Missouri territory. He spent thirty years among the 
 Indians and was, upon the testimony of Father De Smet, 
 " one of the truest specimens of a real trapper and Rocky 
 Mountain man." 
 
12 HISTORICAL SKETCH OF UTAH 
 
 In the spring of 1822 Major Andrew Henry and William 
 A. Ashley of St. Louis organized the Rocky Mountain 
 Fur Company. About one hundred and twenty followers 
 were engaged by the company and left St. Louis for the 
 West. Among these volunteers was a young man by the 
 name of Etienne Provot (pronounced Provo), who started 
 out to trap the mink and beaver of the streams. The 
 company left St. Louis in April, ascended the Missouri 
 until it reached the mouth of the Yellowstone, where a 
 camp was established. The company finally reached the 
 Powder River, from which point Etienne Provot with a 
 small party was sent to explore the southwest. Mr. Chit- 
 tenden in his book on the " American Fur Trade " tells us 
 that tradition says that late in the fall of 1823 Provot and 
 his men crossed the " South Pass." He further maintains 
 that he was the first white man (American) who penetrated 
 the region of the Great Salt Lake, and traveled on down 
 to Utah Valley. The story runs that Provot (Provo is 
 named for him) and his men were sitting around the camp 
 fire near the mouth of Provo River. An Indian chief 
 named " Mauvaise Gauche " and a small band of his 
 followers visited the white men's camp and desired to 
 smoke with them the pipe of peace. Provot and his men 
 gladly assented, but the chief claimed that the good spirit 
 of the Indians would not be present as long as iron was 
 present. Suiting the action to the word, the Indians set 
 their knives and tomahawks in a pile some distance from 
 the fire. To humor the superstitions of the Indians, the 
 whites did the same, and began to smoke the pipe of peace 
 around the fire. 
 
 Suddenly " Mauvaise Gauche " gave a war cry and all 
 at once his men sprang to their feet and began to kill the 
 white men with concealed weapons. The attack was so 
 
HUNTERS AND TRAPPERS 13 
 
 unexpected and sudden that seventeen of the trappers were 
 murdered. Provot with four of his men escaped and joined 
 Ashley in the valley of the Green River. From this ex- 
 perience the place became known as Provot's Hole. 
 
 In the spring of 1825 William A. Ashley and a band of 
 followers, with Provot as a guide, left Green River and 
 crossed over to the present site of Provo. There they 
 erected a fort which has since been known as Fort Ashley. 
 The Indians could not be trusted and two years later part 
 of the company returned to St. Louis and brought out six 
 cannon to protect their lives and property. About the 
 same time a Mr. Green, who, two years previous, had been 
 a companion explorer with Ashley, came out and occupied 
 the territory in Utah County to the north and west of the 
 present site of Provo. 
 
 For the purpose of fur hunting Ashley's company carried 
 on wide explorations, extending out from Provo in every 
 direction. Visits were made to Sevier Lake, which for 
 years was known as Ashley's Lake. Finally, they returned 
 to Green River, where headquarters of the company had 
 been established. Provot continued in this life of adventure 
 almost until his death. We hear of him again in 1858 in 
 St. Louis telling of the great ravages smallpox was making 
 among the Indians. He died in St. Louis in i860. 
 
 These men were neither settlers nor students of geog- 
 raphy, but were hunters and trappers. Their woeful lack 
 of geography is shown, when as bright and intelligent a 
 man as Ashley seriously considered the advisability of pre- 
 paring boats to sail down the Colorado River to St. 
 Louis. 
 
 The great fur companies, besides many small ones, 
 were operating at this time all over the Rocky Mountain 
 region, seeking the very best furs. The two main com- 
 
'4 
 
 HISTORICAL SKETCH OF UTAH 
 
 panics, the Northwest Fur Company and the Hudson Bay 
 Company, finally united and became one. One of their 
 agents was Peter Skeen Ogden, for whom Ogden City was 
 named, who, as purchasing agent, in 1823 secured a large 
 quantity of furs valued at about $175,000 and stored them 
 on the Green River. The same year Ashley and Henry 
 began to move into Ogden's territory, the Wasatch region. 
 
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 Route of Jedidiah S. Smith, 1826 
 
 Fearing for the safety of his furs, he moved them into 
 a neighboring valley and hid them. The valley has since 
 been named Cache Valley from the French word "cache," 
 meaning to hide. Ashley, however, found the furs, appro- 
 priated and sold them in St. Louis. 
 
 Information is not obtainable to enable us to follow in 
 full the hundreds of American and British trappers and 
 hunters who traveled over the Rocky Mountains and the 
 Great Basin. A lew of the more important ones may be 
 profitably considered. 
 
HUNTERS AND TRAPPERS 
 
 15 
 
 Jedidiah S. Smith and his company of fifteen men in 
 1826 traveled down past Utah Lake, along the Sevier 
 River, and on to the Rio Virgin. From there they con- 
 tinued on to San Gabriel's Mission in California. The 
 company wintered in California, and in the summer of 1827 
 returned to Salt Lake by way of the San Joaquin Valley 
 and the Sierra Nevada Mountains. 
 
 Route of Bonneville, 1831-33 
 
 William Wolfskill in 1830 entered the southeast corner 
 of Utah from New Mexico, journeyed northwest until he 
 crossed the Colorado and Green rivers, and then, turning 
 west, continued over the Spanish trail on to Los Angeles 
 by way of the Rio Virgin. 
 
 On July 24, 1833, Captain Bonneville ordered a brigade 
 of forty men to set out from Green River to explore the 
 Great Salt Lake. The purpose of the company was to 
 pass entirely round the lake and to make surveys in order 
 
1 6 HISTORICAL SKETCH OF UTAH 
 
 to be able to prepare maps and charts of it. Captain Bonne- 
 ville made elaborate preparations for this trip of explora- 
 tion. The territory, now known as Utah and Nevada, lay west 
 of the buffalo belt and had not been as thoroughly explored 
 as the regions lying farther east. Water in the regions 
 lying north and west of the lake was found so scarce that the 
 company was compelled, through suffering, to give up the 
 explorations and to continue on to the Humboldt River, 
 and from there to the coast. Bonneville and his company 
 spent several days among the Sierra Nevada Mountains 
 enduring intense suffering. When they reached California, 
 they found plenty of food and went down to Monterey. 
 It was on the bases of these explorations that Captain 
 Bonneville claimed to be the real discoverer of the lake 
 and endeavored to have it bear his name. 
 
 Father De Smet, a Catholic priest, decided to devote his 
 life to the introduction of Christianity among the Indians 
 of the Great Plains and the Rocky Mountains. This 
 meant a life of wandering and adventure. On Mav 10, 
 1838, he left St. Louis and started on his first mission to 
 the Indian tribes. In 1840 he began a long journey into 
 the Northwest and the Rocky Mountains to establish a 
 number of missions in these wild regions. Through the 
 editor of the Precis Historiques Bruxelles he tells us 
 that " in 1841 I traveled much of this valley (Salt Lake 
 Valley) in my rambles in the Rocky Mountains." 
 
 By means of the explorations made on this journey and 
 others he gained a knowledge of, and intimacy with, and a 
 friendship for the Indians and the country which was to 
 last during his lifetime and was to become very valuable to 
 emigrant and pioneer alike. In a letter to his nephew in 
 185 1 he wrote : — 
 
 "The Great Salt Lake, which is about three him- 
 
HUNTERS AND TRAPPERS 17 
 
 dred miles in circumference, lies in the northern part of 
 the Great Basin. It is rather shallow in the portions 
 thus far explored ; but it is supposed to be very deep in 
 the central parts. The water of the lake is more salty 
 than sea water. Three gallons of it yield a gallon of salt 
 of the greatest purity, whiteness, and fineness. On the 
 northeast of the lake is the termination of the valley of 
 the Bear River. This valley is thirty miles long by 
 twenty-two wide, and communicates with another valley, 
 which is fifty miles by eight (Cache Valley). It is in the 
 first valley, inclosed by picturesque mountains, which has 
 taken the name of the 'Valley of the Mormons,' that 
 their capital stands, called by some Great Salt Lake City, 
 and by others Mormonville. In the fall of 1846, as I drew 
 near to the frontiers of the state of Missouri, I found the 
 advance guard of the Mormons, numbering about ten 
 thousand, camped on the territory of the Omahas not far 
 from the old Council Bluffs. They had been driven out 
 for the second time from a state of the Union. They had 
 resolved to winter on the threshold of the great desert, and 
 then move onward into it, to put distance between them 
 and their persecutors, without even knowing at that time 
 the end of their long wanderings, nor the place where 
 they should once more erect themselves permanent dwell- 
 ings. They asked me a thousand questions about the 
 regions I had explored, and the valley which I have just 
 described to you, pleased them greatly from the account I 
 gave them of it. Was that what determined them ? I 
 would not dare to assert it. They are there ! In the last 
 three years Utah has changed its aspect, and from a 
 desert has become a flourishing territory which will soon 
 become one of the states of the Union." 
 
1 8 HISTORICAL SKETCH OF UTAH 
 
 Emigration 
 
 The emigration bound for Oregon traveled by way of 
 the South Pass to Soda Springs, Fort Hall, and northwest 
 to Oregon. They did not touch the territory now included 
 within the state of Utah. Those bound for California 
 went through the South Pass, down the Bear into Cache 
 Valley, over the divide into Bear River Valley to about the 
 place where Corrine is now located. From that point 
 they journeyed west through Utah and Nevada to Cali- 
 fornia. Some few companies went by way of Laramie 
 through the South Pass to the Big Sandy River. To 
 avoid a desert stretch, they went down the Big Sandy 
 River to its Junction with the Green River, then up the 
 Black Fork to Fort Bridger. From there the} - went al- 
 most due west by way of Echo Canon down the Weber 
 Canon. The companies, headed by Hastings and Don- 
 ner, had gone over this trail in 1846. The Hastings com- 
 pany had entered in the Salt Lake Vallev bv way of the 
 Weber Canon. The Donner company, however, had, in- 
 stead of going down the Weber Canon, passed up the 
 Weber southerly from Echo Canon about twelve miles, 
 then westerly into Parley's Park, then across the hills 
 northerly to the head of Emigration Canon, and down into 
 the valley. 
 
 John Fremont, in 1S43, reached Utah bv the Bear River 
 trail. This was Captain Bartlett's route in 1841. On the 
 6th of September he stood on an elevation a little north 
 of the Weber River and beheld the Great Salt Lake. He 
 tried to make himself believe that he was the discoverer 
 of the lake and was in particular the first man to sail on it. 
 The facts were, however, that the lake had been explored 
 when Fremont was a mere boy. He was possibly the 
 
EMIGRATION 
 
 19 
 
 first white man to cross over to one of the islands, where 
 he remained all night. 
 
 From Utah he went to Oregon down the coast and back 
 to Utah Lake by way of the old Spanish route. In the 
 following spring, 1845, Fremont, together with his company, 
 again visited the Great Basin. He came up the Arkansas 
 and Green rivers, over the headwaters of Timpanogas, and 
 down to Utah Lake. From there he headed toward Salt 
 
 Route of Fremont, 1843-44 
 
 Lake, and camped at a place near where Great Salt Lake 
 City is now located. He explored Antelope Island and 
 the southern part of the lake. The company was then 
 divided into two parts ; one followed the southern route, 
 and the other the northern route and proceeded on to 
 California. 
 
 Fremont says of the Great Basin : " Taking leave at 
 this point of the waters of the Bear River and of the geo- 
 graphical basin which incloses the system of rivers and 
 creeks which belong of the Great Salt Lake ... I can 
 
20 HISTORICAL SKETCH OF UTAH 
 
 say of it that the bottom of this river and some of the creeks 
 which I saw form a natural resting place for travelers 
 now, and in all time to come. The bottoms are extensive; 
 water excellent ; timber sufficient ; soil good and well 
 adapted to the grains and grasses suited to such an elevated 
 region. A military post and a civilized settlement here 
 would be of great value, and cattle and horses would do 
 well where grass and salt so much abound. The lake 
 would furnish exhaustless supplies of salt. All the moun- 
 tain sides here are covered with a valuable nutritious grass, 
 called bunch grass, from the form in which it grows, which 
 has a second growth in the fall. The beasts of the Indians 
 are fat upon it. Our own found a good substitute ; and 
 its quantity will sustain any amount of cattle and make 
 this truly a bucolic region." — Frt'mouf s Report of His 
 Explorations, 1842, 1843, 1844. 
 
 By this time people of the East possessed considerable 
 general knowledge of the West. Societies were formed in 
 the Eastern and Middle states to provide emigration to 
 Oregon and to California. 
 
 The Annals of San Francisco, pp. 85, S6, published by 
 D. Appleton & Co., says: "As earlv as 1857 several so- 
 cieties were formed in the American states to promote emi- 
 gration to Oregon and California. In the following" vears, 
 and particularly in 1843, 1S44, ' S45, and 1846, many thou- 
 sand emigrants journeyed across the Rocky, or Snowy, 
 Mountains, enduring much suffering by the way, to settle 
 in California and the adjacent territory of Oregon." 
 
 In the years from 1843 to 1846 thousands of emigrants 
 crossed the Rocky, or Snowy, Mountains to settle on the 
 Pacific coast. Some of the earlier emigrants during the 
 first season did not get beyond Bear or Humboldt rivers, 
 where they were compelled to winter; later companies 
 
PIONEERS 21 
 
 succeeded in reaching Oregon or California in one summer. 
 The first company to complete the trip in one season 
 probably was Dr. Townshend, in 1844. Bancroft tells 
 us that in 1843 there were twenty thousand men and 
 women on the frontiers making final preparations for 
 the transcontinental trip. The procession began in May 
 and from then until the beginning of June the trail presented 
 one long line of trains and pack animals from the starting 
 point to Fort Laramie. Four hundred and fifty-nine teams 
 were counted in nine miles. At night there were camp 
 fires as far as the eye could reach. — History of California 
 by H. H. Bancroft, Vol. VI, p. 146. 
 
 Pioneers 
 
 So far, this narrative has dealt with men who possessed 
 only a passing interest in the future state. They were 
 trappers, hunters, explorers, not home seekers. The men 
 who had visited these regions were in pursuit of furs or 
 game; adventurers in search of gold or treasures; or 
 emigrants journeying to California or Oregon. In the 
 spring of 1847, under the leadership of Brigham Young, 
 a body of men and women, who had been driven from 
 their homes, journeyed westward in search of suitable 
 territory on which to build homes and to make a living. 
 The company numbered one hundred forty men and 
 three women. The equipment consisted of teams and 
 seventy-three wagons loaded with food, grains, farm im- 
 plements, and other necessities required for pioneering. 
 The route lay along the North Platte River. Early in 
 June the company reached the Black Hills by way of Fort 
 Laramie. Here a rest of two or three days was made until 
 ferryboats could be built to cross the Platte River. The 
 
22 
 
 HISTORICAL SKETCH OF UTAH 
 
 route followed was a little north of the Oregon trail. By 
 the latter part of June the South Pass was reached and then, 
 skirting the Colorado desert, they came to the Green River, 
 which they forded and traveled down the right bank 
 and ever a sandy plain to Black Fork. After crossing 
 several small streams to the westward, the company, on 
 July 7, finally reached Fort Bridger. 
 
 At this point Brigham Young and several members of 
 the company were stricken with mountain fever. Orson 
 
 Route of Pioneers of 1847 
 
 Pratt and Erastus Snow, however, with a strong company 
 were ordered to move forward as rapidly as possible. 
 They explored Echo Canon to see if Dormer's trail 
 across the mountains was open. Weber Canon, the 
 route usually followed by emigrants crossing directly 
 into the Basin, was impossible on account of high waters. 
 The advance company traveled down the Weber Canon 
 for about four miles, until Dormer's trail was reached, 
 then, following this trail over steep hills and rugged 
 ravines, they reached the head of Emigration Canon. 
 Down this rough gorge the pioneers, divided into three 
 sections, slowly made their way. Much of the road had 
 
PIONEERS 23 
 
 to be made before the teams could pass over it, although 
 it had been previously traveled. On July 24, 1847, the 
 main body of the pioneers entered the Salt Lake Valley, 
 which had been previously explored by two of their mem- 
 bers, Erastus Snow and Orson Pratt. 
 
 Over three centuries had elapsed since the first white 
 man made his way into the territory to be known as Utah. 
 Each company in its turn had come and gone. The 
 Spanish explorers came to seek gold and treasure; the 
 American trappers and hunters, to obtain game and furs; 
 but the pioneers, to build homes and to cultivate the soil. 
 They thereby became the real founders of the common- 
 wealth, and the establishers of government. 
 
CHAPTER II 
 
 THE GOVERNMENT BEFORE STATEHOOD 
 
 Spanish Colonial Government. — Thus far we have con- 
 sidered only the explorations of the early adventurers and 
 the pioneers, but the purpose of the book is a study of the 
 governments before and after the advent of statehood in 
 Utah. As the Spaniards conquered the natives they at- 
 tempted to establish settlements and governments in the 
 different territories. In 1511 Ferdinand established a 
 council to conduct the affairs of the Spanish-American 
 colonies, called the Council of the Indies. Charles V re- 
 modeled and improved the body. It possessed jurisdic- 
 tion over every department of government in Spanish 
 America; framed all the laws and regulations for the 
 colonies ; made all appointments reserved to the crown ; 
 and all officers from the highest to the lowest were ac- 
 countable to the "Council of the Indies " for their conduct. 
 The king was supposed to be present at all meetings, 
 which, by law, were to be held where he resided. It re- 
 quired a majority of two thirds of this body to enact any 
 law for the king's distant American subjects. This body 
 was also the court of final appeal for all colonial questions. 
 It was generally known as the Court of Audience, or the 
 Audiencia. The theory of government held in Spain at 
 that time was that all territory and all political and civil 
 authority centered in the king, wholly independent of the 
 colonists or the Spanish nation. 
 
 »4 
 
THE GOVERNMENT BEFORE STATEHOOD 25 
 
 The Spanish possessions in America were divided at 
 first into two, and then into seven, governments, four vice- 
 royalties and three captain-generalcies, that directly repre- 
 sented the king. For executive purposes over each 
 general division there was a viceroy or a captain-general. 
 The authority of the viceroy in civil, military, and crim- 
 inal matters was as supreme as that of the king. Each of 
 the general divisions was divided into several provinces, 
 over each of which presided a governor. Both the viceroy 
 and the governor were appointed directly by the king and 
 the Council of the Indies, but the governor was subject to 
 the viceroy in almost everything. The governor frequently 
 exercised civil and military authority. If, however, there 
 was a military officer in the province of the rank of a 
 "commandant," he exercised military control. 
 
 For administrative purposes the provinces were divided 
 into departments, at the head of each of which was a dele- 
 gate of the governor. 
 
 The supreme judicial authority was vested in the Court 
 of the Audience (Audiencia) in Spain, but an inferior 
 court of similar authority was provided for each province. 
 
 The number of judges varied according to the popula- 
 tion and the business of the province. The governors 
 and the delegates of the governors were authorized to ex- 
 ercise judicial authority. In no department or division of 
 government was there the least semblance of popular 
 rule. 
 
 Territorial Government. — When the pioneers entered 
 the Great Salt Lake Valley, July 24, 1847, it was Mexican 
 territory and theoretically was under the control of the 
 Spanish provincial government of California ; practically, 
 however, it was devoid of civil authority. No attempt 
 had, at any time, been made to exercise any police control 
 
26 CIVIL GOVERNMENT OF UTAH 
 
 over this region. About this time the United States was 
 engaged in a war with Mexico, and as a result of the 
 treaty of peace of Guadalupe-Hidalgo, February 2, 1848, 
 between the two nations, the vast territory now embraced 
 within the states of California, New Mexico, Arizona, and 
 Utah was ceded to the United States. From the conclu- 
 sion of the treaty until September, 1850, there was not 
 even, theoretically, any pretense at civil authority, owing to 
 the failure of the United States to enact legislation to estab- 
 lish some form of territorial government. The neglect of 
 the federal government was due in the main to the igno- 
 rance of the true conditions. Many members of Congress 
 believed that the newly acquired territory was a wild, barren 
 desert unfit for the habitation of man. 
 
 The pioneers, like other frontiers people, were left to 
 care for themselves, and as they were an intensely religious 
 people, church government controlled in civil affairs for a 
 period of two years. Police and peace officers, as well as 
 assessors and collectors of taxes, were elected at the religious 
 conferences of the people. 
 
 A call was issued early in 1849 by residents of Salt Lake 
 City and addressed "to all the citizens of that portion of 
 Upper California lying east of the Sierra Nevada Moun- 
 tains" to meet in convention. The convention convened 
 in Salt Lake City early in March and decided to petition 
 Congress for a territorial form of government. Later in 
 the same month a numerously signed memorial was for- 
 warded to Washington asking Congress to pass the neces- 
 sary legislation to provide a government. The new 
 territory was to be known by the name of " Deseret" and 
 to include all that vast region extending from Oregon, on 
 the north, to Mexico, on the south; and from the water- 
 shed of the Rockies, on the east, to the Sierra Nevada, on 
 
THE GOVERNMENT BEFORE STATEHOOD 
 
 27 
 
 the west, embracing, as it did, a considerable portion of the 
 seacoast of southern California. A temporary government 
 was to be organized pending the action of Congress. The 
 convention elected a committee to prepare a constitution 
 which was adopted upon its recommendation. The pre- 
 amble of the document said it was to remain in force 
 " until the Congress of the United States shall otherwise 
 
 Proposed State of Deseret, 1849 
 
 provide for the government of the territory hereinafter 
 named and described by admitting us into the Union." 
 
 The constitution of the provisional government provided 
 for the election of a governor ; for a legislature composed 
 of two houses, the Senate and the House of Representa- 
 tives, and for a supreme court, and for the establishment 
 by law of all necessary inferior offices. The seat of gov- 
 ernment was to be Salt Lake City. The first legislature 
 to meet under this provisional constitution met and decided 
 
28 CIVIL GOVERNMENT OF UTAH 
 
 to proceed immediately to the organization of a state gov- 
 ernment and to ask Congress to admit the new state into 
 the Union under the name of " Deseret." 
 
 A new memorial embodying these ideas was at once 
 prepared and adopted by the legislature and forwarded to 
 Washington. The boundaries of the new state were to be 
 the same as those already decided upon for the territory. 
 Mr. Alman W. Babbitt was elected a delegate to Congress. 
 The proposed state was to have three departments, execu- 
 tive, legislative, and judicial. The constitution followed 
 closely the regular American form and was very similar to 
 the present organization of our state, which will be described 
 in detail. It was adopted by the legislature, July, 1849, 
 and in addition was signed by several private individuals. 
 It had been customary when the legislature made a consti- 
 tution to have that body adopt it or to submit the question 
 of its adoption to the people upon a vote. The document 
 was now forwarded to Congress with a request that the 
 state be recognized. Congress, however, refused to act 
 favorably and admission was denied. 
 
 The next move was to secure the admission into the 
 Union as one state the territory now embraced in the states 
 of California, Arizona, New Mexico, and Utah. It was to 
 be later divided into two states. This procedure was 
 acceptable to the people of Utah, but was rejected by the 
 people of California as being impracticable. President 
 Zachary Taylor favored the plan as a means of avoiding 
 the slavery controversy. (We can now see that the region 
 is altogether too large for one or even two states.) 
 
 Up to this time Congress had done nothing and Utah 
 was living under its own provisional constitution. In Sep- 
 tember, 1848, California followed the example of her neigh- 
 bor to the east and established a civil government. These 
 
THE GOVERNMENT BEFORE STATEHOOD 29 
 
 two acts, together with several others led to the great 
 Compromise of 1850. Through it California was admitted 
 into the Union as a state, and the remainder of the Mexican 
 cession was divided into two territories and each was given 
 a territorial form of government. The northern part became 
 known as the territory of Utah, and the southern part as 
 the territory of Mexico. The act creating the territory of 
 Utah described it as follows : All that territory extending 
 
 Territory of Utah, 1850 
 
 from the 37th parallel to the Oregon boundary and from the 
 Rocky Mountains to the Sierra Nevada, including as it did 
 parts of the present states of Wyoming and Colorado and 
 all of Utah and Nevada. The organic act created the 
 offices of governor, secretary of state, and territorial 
 judges. All appointments to fill these offices were to be 
 made by the President of the United States. A territorial 
 legislature consisting of two houses, the Territorial Council 
 and the House of Representatives, was established. The 
 members of both legislative bodies were elected by voters 
 of the territory. Brigham Young was appointed the first 
 governor with authority given him by the organic laws, to 
 
30 CIVIL GOVERNMENT OF UTAH 
 
 fill temporarily all appointive offices until such time as the 
 President was prepared to act. 
 
 On April 5, 1851, the general assembly of the pro- 
 visional state of Deseret was dissolved, and on the first day 
 of July, 185 1, a proclamation was issued by the governor, 
 ordering an election to be held on the first Monday in 
 August for the election of members of the legislature and 
 a delegate to Congress. 
 
 For forty-five years Utah lived and operated under the 
 organic law of 1850. Attempts were made in 1849, 1856, 
 1862, 1872, 1882, 1887 to secure admission into the Union, 
 but they all resulted in failures. Finally, conditions were 
 such that Congress acted favorably. On December 8, 1893, 
 a bill for the admission of the territory was reported favor- 
 ably from the House Committee on Territories. It was 
 considered for three days in the House of Representatives, 
 and passed December 13, 1893. The measure was then 
 sent to the Senate, where it was committed to the Com- 
 mittee on Territories which reported favorably with a few 
 amendments. July 13, 1894, the bill passed the Senate 
 and became a law upon the approval of President Cleve- 
 land, July 16, 1894. It is commonly known as the 
 Enabling Act. 
 
 The law authorized the citizens of the territory to elect 
 delegates to a constitutional convention to be held in Salt 
 Lake City on the first Monday in March, 1895, for the pur- 
 pose of framing a constitution for the new state. The 
 convention convened as provided and prepared the present 
 state constitution. At the November election, 1896, a ma- 
 jority of the voters of the state voted in favor of the Consti- 
 tution. Officers for the proposed new state were elected at 
 the same time, so that if the constitution became effective, 
 another election would not be necessary. President Cleve- 
 
THE GOVERNMENT BEFORE STATEHOOD 31 
 
 land, on January 4, 1896, issued a proclamation announcing 
 the result of the election, and declaring that all the pro- 
 visions of the Enabling Act had been fulfilled. Utah then 
 became a state. With this brief historical sketch we come 
 directly to a study of the government of the state. 
 
CHAPTER III 
 STATE GOVERNMENT 
 
 Every American citizen lives under two governments, 
 the federal and the state. The federal aims to deal with 
 affairs which pertain to the nation as a whole ; and the 
 state, with the many affairs which pertain to the local 
 state interests. It was from the states that the federal 
 government received the idea of organization. This, in 
 fact, is so true, that we find very few things in the Con- 
 stitution of the United States which had not been previ- 
 ously tried out in the states or colonies. No doubt that 
 is the reason why it has proved so workable. 
 
 So well, however, do these two governments, state and 
 national, harmonize, that we are often at a loss to know 
 the particular work allotted to each. In defining the field 
 belonging to each, perhaps nothing better could be done 
 than to quote from "The State" by Woodrow Wilson : — 
 
 "Legislative Powers of the Union. — The Constitution of 
 the United States grants to Congress first of all the power 
 to lay and collect taxes, duties, imposts, and excises for the 
 support of the government of the Union, the payment of 
 its debts, and the promotion of the common defense and 
 welfare, and also the power to borrow money on the credit 
 of the United States; but these powers of taxation and 
 borrowing belong also to the states, except that they must 
 raise their revenues without resort to duties, imposts, and 
 excises, the privilege oi imposing these being reserved to 
 the Union exclusively. The powers which distinguish the 
 general government from the governments of the states 
 
 3* 
 
STATE GOVERNMENT 33 
 
 are not these powers of raising money, but these others : 
 To control the monetary system of the country, to main- 
 tain post offices and post roads, to grant patents and copy- 
 rights, to deal with crimes committed on the high seas or 
 against the law of nations, to shape the foreign relations 
 of the country, to declare war and control the military 
 forces of the nation, and to regulate commerce both with 
 foreign countries and among the states. It is empowered, 
 also, to establish uniform rules of naturalization and uni- 
 form laws concerning bankruptcy ; but these powers do 
 not belong to it exclusively. In case Congress does not 
 act in these matters, the states may adopt laws for them- 
 selves concerning them. All the powers of the general 
 government are plainly such as affect interests which it 
 would be impossible to regulate harmoniously by any 
 scheme of separate state action, and only such ; all other 
 powers whatever remain with the states. 
 
 " Powers left with the States. — Compared with the vast 
 prerogatives of the state legislatures, these limitations seem 
 small enough. All the civil and religious rights of our 
 citizens depend upon state legislation ; the education of 
 the people is the care of the states ; with them rests the 
 regulation of the suffrage ; they prescribe the rules of 
 marriage, and the legal relations of husband and wife, of 
 parent and child ; they determine the powers of masters 
 over servants and the whole law of principal and agent, 
 which is so vital a matter in all business transactions ; they 
 regulate partnership, debt and credit, and insurance ; they 
 constitute all corporations, both private and municipal, ex- 
 cept such as specially fulfill the financial or other specific 
 functions of the federal government; they control the pos- 
 session, distribution, and use of property, the exercise of 
 trades, and all contract relations ; and they formulate and 
 
34 CIVIL GOVERNMENT OF UTAH 
 
 administer all criminal law, except only that which con- 
 cerns crimes committed against the United States, on the 
 high seas, or against the law of nations. Space would fail 
 in which to enumerate the particular items of this vast 
 range of power ; to detail its parts would be to catalogue 
 all social and business relationships, to set forth all the 
 foundations of law and order. 
 
 " A striking illustration of the preponderant part played 
 by the state law under our system is supplied in the sur- 
 prising fact that only one out of the dozen greatest subjects 
 of legislation which have engaged the public mind in 
 England during the present century would have come 
 within the powers of the federal government under the 
 Constitution as it stood before the war, only two under the 
 Constitution as it stands since the addition of the war 
 amendments. I suppose that I am justified in singling out 
 as these twelve greatest subjects of legislation the follow- 
 ing : Catholic emancipation, parliamentarv reform, reform 
 of municipal corporations, the repeal of the corn laws, the 
 admission of" the Jews to Parliament, the disestablishment 
 of the Irish church, the alteration of the Irish land laws, 
 the establishment of national education, the introduction of 
 the ballot, and the reform of the criminal law. Of these 
 every one except the corn laws and the abolition of slaverv 
 would have been under our svstem, so far as they could 
 be dealt with at all, subjects for state regulation entirely ; 
 and it was only by constitutional amendment made in 
 recognition of the accomplished facts of the war that 
 slavery, which was formerly a question reserved for state 
 action, and for state action alone, was brought within the 
 field of the federal authority. 
 
 "Non-constitutional Provisions in State Constitutions. — 
 One of the most characteristic circumstances connected 
 
STATE GOVERNMENT 35 
 
 with our state law is the threatened loss of all real distinc- 
 tion between constitutional and ordinary law. Constitutions 
 are in their proper nature bodies of law by which govern- 
 ment is constituted, by which, that is, government is given 
 its organization and functions. Private law, the regulation 
 of the relations of citizens to each other in their private 
 capacities, does not fall within their legitimate province. 
 This principle is fully recognized in the construction of 
 our federal Constitution, which is strong and flexible chiefly 
 because of its great, its admirable, simplicity, and its strictly 
 constitutional scope. But constitution making in the states, 
 especially in the newer states, has proceeded upon no such 
 idea. Not only do the constitutions of the states go very 
 much more into detail in their prescriptions touching the 
 organization of government; they go far beyond organic 
 provisions and undertake the ordinary, but very different, 
 work of legislative enactment. They commonly embody 
 regulations, for example, with reference to the management 
 of the state property, such as canals and roads, and for the 
 detailed administration of the state debt ; they determine 
 the amounts and sorts of property which are to be exempt 
 from seizure for private debt ; they formulate sumptuary 
 laws, such as those forbidding the sale of intoxicating 
 liquors ; at a score of points they enter without hesitation 
 or restraint the field usually reserved for the action of 
 legislative bodies." 
 
 QUESTIONS 
 
 1. Name the governments you live under. 
 
 2. Why is it necessary to have more than one government ? 
 
 3. What are the duties of the state ? 
 
 4. What are the duties of the federal government ? 
 
 5. Which government should concern us most ? 
 
 6. Which government does concern us most ? 
 
CHAPTER IV 
 GOVERNMENT OF UTAH 
 
 Introduction 
 
 Preamble. — The Preamble of the State Constitution is 
 the enacting clause and gives the reason why the state 
 constitution was ordained and established. It reads as fol- 
 lows : " Grateful to Almighty God for life and liberty, we 
 the people of Utah, in order to secure and perpetuate the 
 principles of free government, do ordain and establish this 
 constitution." 
 
 For more than a century makers of constitutions have 
 placed somewhere in the document a Bill or Declaration 
 of Rights. It is supposed to contain the fundamental 
 principles of human liberty, which are essential to a free 
 government. In this state, as in other states, they em- 
 body the rights and privileges reserved to the people and 
 are expected to endure forever. They embrace the right 
 to enjoy life and liberty; to acquire property; to worship 
 God according to the dictates of conscience ; to assemble 
 peacefully ; to protection against wrongs ; and to petition 
 for redress of grievances ; to communicate freely to others, 
 being responsible for the abuse of this right ; the right to 
 bear arms ; the privilege of the writ of habeas corpus; the 
 right of reasonable bail ; a lair trial and a usual punish- 
 ment and other generally accepted rights. Most of these 
 rights have come down to us from Great Britain through 
 the Constitution of the United States. They were placed 
 
 3<> 
 
GOVERNMENT OF UTAH 37 
 
 in the first amendments to the Constitution of the United 
 States because the founders of this nation felt it necessary 
 to preserve the rights which our English ancestors had 
 wrung from unwilling rulers and bequeathed to us. 
 
 State Bill of Rights. — " All men have the inherent and 
 inalienable right to enjoy and defend their lives and liber- 
 ties ; to acquire, possess, and protect property ; to worship 
 according to the dictates of their consciences ; to assemble 
 peaceably, protest against wrongs, and petition for redress 
 of grievances ; to communicate freely their thoughts and 
 opinions, being responsible for the abuse of that right. 
 
 " All political power is inherent in the people ; and all 
 free governments are founded on their authority for their 
 equal protection and benefit, and they have the right to 
 alter or reform their government as the public welfare 
 may require. 
 
 " The state of Utah is an inseparable part of the fed- 
 eral Union and the Constitution of the United States is 
 the supreme law of the land. 
 
 " The rights of conscience shall never be infringed. 
 The state shall make no law respecting an establishment 
 of religion or prohibiting the free exercises thereof ; no 
 religious test shall be required as a qualification for any 
 office of public trust or for any vote at any election ; nor 
 shall any person be incompetent as a witness or juror on 
 account of religious belief or the absence thereof. There 
 shall be no union of church and state, nor shall any 
 church dominate the state or interfere with its functions. 
 No public money or property shall be appropriated for, or 
 applied to, any religious worship, exercise, or instruction, 
 or for the support of any ecclesiastical establishment. No 
 property qualifications shall be required for any person to 
 vote or hold office, except as provided in this constitution. 
 
38 CIVIL GOVERNMENT OF UTAH 
 
 " The privilege of the writ of habeas corpus shall not 
 be suspended, unless, in case of rebellion or invasion, the 
 public safety requires it. 
 
 " The people have the right to bear arms for their se- 
 curity and defense, but the legislature may regulate the 
 exercise of this right by law. 
 
 " No person shall be deprived of life, liberty, or property, 
 without due process of law. 
 
 " All prisoners shall be bailable by sufficient sureties, ex- 
 cept for capital offenses when the proof is evident or the 
 presumption strong. 
 
 " Excessive bail shall not be required ; excessive fines 
 shall not be imposed ; nor shall cruel and unusual punish- 
 ments be inflicted. Persons arrested or imprisoned shall 
 not be treated with unnecessary rigor. 
 
 " In capital cases the right of trial by jury shall remain in- 
 violate. In courts of general jurisdiction, except in capital 
 cases, a jury shall consist of eight jurors. In courts of in- 
 ferior jurisdiction a jury shall consist of four jurors. In 
 criminal cases the verdict shall be unanimous. In civil 
 cases three fourths of the jurors may find a verdict. A 
 jury in civil cases shall be waived unless demanded. 
 
 " All courts shall be open and every person, for an injury 
 done to him in his person, property, or reputation, shall 
 have remedy by due course of law, which shall be admin- 
 istered without denial or unnecessary delav ; and no per- 
 son shall be barred from prosecuting or defending before 
 any tribunal in this state, by himself or counsel, any civil 
 cause to which he is a party. 
 
 " In criminal prosecutions the accused shall have the 
 right to appear and defend in person and by counsel, to 
 demand the nature and cause of the accusation against him, 
 to have a copy thereof, to testify in his behalf, to be con- 
 
GOVERNMENT OF UTAH 39 
 
 fronted by the witnesses against him, to have compulsory 
 process to compel the attendance of witnesses in his own 
 behalf, to have a speedy public trial by an impartial jury 
 of the county or district in which the offense is alleged to 
 have been committed, and the right to appeal in all cases. 
 In no instance shall any accused person, before final judg- 
 ment, be compelled to advance money or fees to secure the 
 rights herein guaranteed. The accused shall not be com- 
 pelled to give evidence against himself, a wife shall not be 
 compelled to testify against her husband, nor a husband 
 against his wife, nor shall any person be twice put in jeop- 
 ardy for the same offense. 
 
 " Offenses heretofore required to be prosecuted by in- 
 dictment, shall be prosecuted by information after ex- 
 amination and commitment by a magistrate, unless the 
 examination be waived by the accused with the consent of 
 the state, or by indictment, with or without such examina- 
 tion and commitment. The grand jury shall consist of 
 seven persons, five of whom must concur to find an indict- 
 ment ; but no grand jury shall be drawn or summoned un- 
 less in the opinion of the judges of the district, public 
 interest demands it. 
 
 " The right of the people to be secure in their persons, 
 houses, papers, and effects against unreasonable searches 
 and seizures shall not be violated ; and no warrant shall is- 
 sue but upon probable cause supported by oath or affirma- 
 tion, particularly describing the place to be searched, and 
 the person or thing to be seized. 
 
 " No law shall be passed to abridge or restrain the free- 
 dom of speech or of the press. In all criminal prosecutions 
 for libel the truth may be given in evidence to the jury; 
 and if it shall appear to the jury that the matter charged 
 as libelous is true, and was published with good motives, 
 
40 CIVIL GOVERNMENT OF UTAH 
 
 and for justifiable ends, the party shall be acquitted; and 
 the jury have the right to determine the law and the fact. 
 
 "There shall be no imprisonment for debt except in 
 cases of absconding debtors. 
 
 "All elections shall be free, and no power, civil or mili- 
 tary, shall at any time interfere to prevent the free exer- 
 cise of the right of suffrage. Soldiers, in time of war, 
 may vote at their post of duty, in or out of the state, under 
 regulations to be prescribed by law. 
 
 "No bill of attainder, ex post facto Taw, or law impairing 
 the obligation of contracts shall be passed. 
 
 " Treason against the state shall consist only in levying 
 war against it, or in adhering to its enemies or in giving 
 them aid and comfort. No person shall be convicted of 
 treason unless on the testimony of two witnesses to the 
 same overt act. 
 
 "The military shall be in strict subordination to the civil 
 power, and no soldier in time of peace, shall be quartered 
 in any house without the consent of the owner; nor in 
 time of war except in a manner to be prescribed bv 
 law. 
 
 "Neither slavery nor involuntary servitude, except as a 
 punishment for crime, whereof the party shall have been 
 duly convicted, shall exist within this state. 
 
 "Private property shall not be taken or damaged for 
 public use without just compensation. 
 
 "No law shall be passed granting irrevocably any 
 franchise privilege or immunity. 
 
 "All laws of a general nature shall have uniform opera- 
 tion. 
 
 "This enumeration of rights shall not be construed to 
 impair or deny others retained by the people. 
 
 "The provisions of this constitution are mandatory and 
 
GOVERNMENT OF UTAH 4 1 
 
 prohibitory, unless by express words they are declared to 
 be otherwise." 
 
 Citizenship. — The state government is established for 
 the benefit of every one who lives under it whether they are 
 citizens or not, but only citizens are entitled to its privileges. 
 The Supreme Court of the United States has defined citi- 
 zens as follows : " Citizens are members of the political com- 
 munity and who have established, or submitted themselves 
 to the dominion of a government for the promotion of their 
 general welfare and the protection of their individual as well 
 as their collective rights." All persons born in the United 
 States are citizens. Foreigners of almost any nationality 
 except Japanese and Chinese, may become citizens by a resi- 
 dence of five years and a declaration of allegiance. A pre- 
 liminary declaration must precede the final declaration to the 
 government by at least two years. The Fourteenth Amend- 
 ment to the Constitution of the United States reads as fol- 
 lows : " All persons born or naturalized in the United States 
 and subject to the jurisdiction thereof are citizens of the 
 United States and the state wherein they reside." By this 
 article you will see that every citizen owes allegiance and 
 obedience to both the state in which he lives and the nation. 
 Japanese and Chinese born in the United States are citizens. 
 
 All citizens, however, do not participate in the control 
 of the government. Only those who vote may be said 
 really to participate. They are frequently called electors. 
 In this state all citizens over twenty-one years of age 
 are entitled to vote except idiots, insane persons, or per- 
 sons convicted of treason or crime. The Board of Pardon 
 may restore the franchise to convicts. Before any one can 
 enjoy this privilege, however, he must have been a resi- 
 dent of the state for one year, of the county for four 
 months, and of the precinct for sixty days next preced- 
 
42 CIVIL GOVERNMENT OF UTAH 
 
 ing an election. Because a person is too young to vote, 
 it does not mean that he is not a citizen. 
 
 Form and Departments of Governments. — The Con- 
 stitution of the United States in Section 4, Article IV, 
 guarantees to every state a republican form of govern- 
 ment; that is, a form of government where the civil affairs 
 of the state are administered by representatives elected 
 by the people. Every state of the Union has so far 
 complied with these conditions. 
 
 In all state constitutions, following the example of the 
 federal Constitution, the powers are divided into depart- 
 ments ; viz. the legislative, the executive, and the judicial. 
 The constitution of Utah follows the same general prin- 
 ciples. In the same spirit it aims to make each depart- 
 ment as nearly independent of the others as possible. 
 The object in thus separating the department which 
 makes the laws from the departments which execute 
 or interpret them and vice versa is to provide a check of 
 one department upon another. 
 
 In order to carry this provision into effect, as far as 
 possible, the state constitution forbids any person serving 
 in two departments at the same time. 
 
 QUESTIONS 
 
 1. Why is the Preamble to a constitution called a Bill of Rights 
 or a Declaration of Rights ? 
 
 2. Why is it necessary to reserve to the people certain fundamental 
 rights ? 
 
 3. Why should a person have religious liberty and the right of free 
 conscience ? 
 
 4. Why should a person not be twice put in jeopardy for the same 
 offense ? 
 
 5. I low may a person become a citizen ? 
 
 6. Why is the government divided into three separate divisions ? 
 
LEGISLATIVE DEPARTMENT 43 
 
 The Legislative Department 
 
 The legislative department is that branch of the state 
 government which makes the laws, and in a democratic 
 form of government it should be the most important, if the 
 authority given to it is exercised with intelligence, wisdom, 
 and honesty. It is supposed to represent the people di- 
 rectly and enact their wishes into law. When it does not 
 carry out the will of the voters expressed at an election, it 
 fails of its duty. The state constitution provides that a new 
 apportionment of the representation in the legislature shall 
 be made by the legislature at least every ten years. This 
 reapportionment is necessary so that each section, of the 
 state be represented according to population. A failure 
 to carry out this provision is a violation of the fundamental 
 law of the state. 
 
 The legislature consists of two bodies sitting separately, 
 • — the Senate and the House of Representatives. 
 
 The Senate. — The state of Utah is divided into ten sen- 
 atorial districts. Each senatorial district may include one 
 or more than one county. From each district one or more 
 Senators are elected directly by the voters. The aim is to 
 apportion the membership of the Senate of the state among 
 the several districts according to population. 
 
 The membership of the Senate cannot, except by con- 
 stitutional amendment, exceed thirty. At present the 
 number is fixed at eighteen, all of whom are elected for a 
 term of four years. It is so arranged that half of the 
 members retire every two years, thereby securing in each 
 session several men of experience. This is a wise provision, 
 for it makes it possible to begin each session with a num- 
 ber of men acquainted with the business of the state and 
 ready to begin work as soon as the body is organized. 
 
44 CIVIL GOVERNMENT OF UTAH 
 
 The qualifications of a Senator are that he be a citizen 
 of the United States, twenty-five years of age, a qualified 
 voter, and a resident of the district from which he is 
 elected for one year and of the state three years prior to 
 election. 
 
 The Senate elects its own presiding officer, known as 
 the " President of the Senate," and also selects such help 
 as it needs. It possesses coordinate power with the 
 House of Representatives in all matters pertaining to 
 legislation. Bills may originate in either body, but must 
 pass both before they can become laws. 
 
 In addition to the foregoing the Senate has the confirm- 
 ing power of most persons appointed by the governor to 
 office. The intent of this provision is to prevent the ex- 
 ecutive from appointing unfit persons to office. The Sen- 
 ate should not fail to confirm from personalities, but when 
 an appointee is rejected as unfit for a certain office, he 
 should not be allowed to hold it. 
 
 It occasionally happens that public officials, such as 
 judges and others, commit such wrongs as to make it 
 necessary to remove them from office. In such cases the 
 House of Representatives brings the charge against the 
 person, and he is tried by the Senate acting as a court. 
 If he is convicted, he is removed from office, and may be 
 further prosecuted criminally, if the offense is a criminal 
 one. Such cases are known as impeachment trials. 
 
 House of Representatives. — The forty-five members of 
 the House of Representatives arc elected for a term of two 
 years. As before mentioned, there are ten senatorial dis- 
 tricts, but twenty-seven representative districts. The con- 
 stitution provides that each county of the twenty-seven 
 constitutes a representative district, from which one or 
 more representatives are elected. The constitution further 
 
LEGISLATIVE DEPARTMENT 45 
 
 provides that the House of Representatives cannot exceed 
 ninety in membership. A Representative must be a citizen 
 of the United States, twenty-five years of age, a qualified 
 voter, three years a resident of the state, and one year a 
 resident of the district from which he is elected. Any 
 legislative measure may originate in the House and must 
 pass that body before it can become a law. The body is 
 presided over by a speaker, whom the members elect. 
 Wherever a judge or other important public official com- 
 mits a serious offense, the House of Representatives im- 
 peaches or accuses the official thought to be guilty and 
 the Senate tries him. If he is found guilty by a majority 
 of two thirds of the Senate acting as a jury, he is removed 
 from office and denied the right ever again to hold public 
 office. If the offense is of such a nature as to justify it, 
 he may be prosecuted in the criminal courts. 
 
 A member of the legislature is prohibited from holding 
 any office which was created, or the salary of which was 
 increased, during the term for which he was elected to the 
 legislature. This provision was placed in the constitution 
 to prevent members creating offices with salaries for their 
 own express benefit. 
 
 Sessions. — The legislature convenes on the odd years in 
 regular session. The session opens at noon on the second 
 Monday in January and continues legally for sixty days, 
 but by the fiction of stopping the clock before the end of 
 the sixtieth day, the sessions are often prolonged several 
 days. The governor may call a special session at any 
 time whenever in his judgment the welfare of the state de- 
 mands it. A special session cannot exceed thirty days in 
 length. 
 
 A majority of the members of each house is necessary 
 to make a quorum to do business, but a less number may 
 
46 CIVIL GOVERNMENT OF UTAH 
 
 adjourn from day to day. All sessions of both houses are 
 public except the executive sessions of the Senate. Each 
 house is judge of the election and qualifications of its own 
 members. A majority may expel a member for cause, or 
 punish him for disorderly conduct. 
 
 The president of the Senate and the speaker of the 
 House and all other officers and employees are elected by 
 the house that desires their services. The president of the 
 Senate, in addition to his other duties, becomes acting 
 governor in the absence from the state or, in case of the 
 disability of the governor and the secretary of state. 
 Each house also has the authority to make and enforce all 
 needful rules and regulations for the conduct of its busi- 
 ness. 
 
 Compensation. — The members of the legislature receive 
 such compensation as the legislature by law may fix, but 
 the pay shall not exceed four dollars per day for sixty days 
 and ten cents per mile for the distance traveled by the 
 usual route going to and returning from the place of 
 meeting unless by amendment of the state constitution. 
 There cannot be any other pay or perquisite. 
 
 Privileges. — In ages past when members of the legisla- 
 ture would not vote to suit the kings and rulers they were 
 frequently arrested and imprisoned until they were ready to 
 do as wanted. To prevent such acts in our country, the 
 constitutions of the nation and the states provide for ex- 
 emptions from arrest during the sessions of the legislature. 
 The constitution of Utah provides that for fifteen days 
 before the opening of the legislative session, during the 
 session, and on the journey home the members of the 
 legislature are exempt from arrest, except in cases of trea- 
 son, felony, or breach of the peace. Neither can they be 
 arrested for anything said in any speech or debate in 
 
LEGISLATIVE DEPARTMENT 47 
 
 either house. These special privileges may be abused, 
 but they make it possible for members to perform their 
 full duties without interference. 
 
 Records. — Both houses are required by the constitution 
 to keep and publish a journal or record of their proceedings. 
 When any measure is up for consideration and a vote is 
 taken, a roll call may be had and the yeas and nays made 
 a matter of record upon the request of five members. 
 
 Committees. — For each house as a body to go into each 
 question that comes before it in detail would require so 
 much time as to make it impossible. In order to consider 
 carefully each question which may come before it, each 
 house divides itself, soon after convening, into several per- 
 manent committees ; so that when a bill or measure is in- 
 troduced, it is referred by the presiding officer to the 
 proper committee. Each house, if it sees fit, may create 
 special committees. This, however, is seldom done. 
 Neither the constitution nor the laws say anything about 
 committees. The Senate and the House by separate resolu- 
 tions determine the number and the size of the committees. 
 The members are appointed to the several committees in 
 the Senate by the president and in the House by the speaker 
 or by a committee on committees. This privilege accorded 
 to the presiding officers gives them great power. 
 
 Laws. — A measure is known as a bill until it passes both 
 houses and secures the signature of the governor. Then 
 it becomes a law. For convenience all bills originating in 
 the House of Representatives are known as House Bills 
 (H.B.) and those originating in the Senate are known as 
 Senate Bills (S.B.). As it is introduced each bill is num- 
 bered consecutively and bears that number throughout its 
 legislative career in both houses, i.e. H.B. 25, or S.B. 12. 
 
 Any member or committee may introduce a bill or reso- 
 
48 CIVIL GOVERNMENT OF UTAH 
 
 lution which immediately goes to its proper committee for 
 consideration. The constitution provides that all laws en- 
 acted by the legislature must have an enacting clause 
 which reads as follows: "Be it enacted by the legislature 
 of the state of Utah." Laws enacted directly by the 
 people through the Initiative shall have an enacting clause 
 which shall read: "Be it enacted by the people of the 
 state of Utah." 
 
 The constitution of Utah was amended in 1900 so as to 
 make it possible for the people to initiate legislation under 
 such condition and in such manner as the legislature shall 
 prescribe. Up to date, however, the legislature has failed to 
 pass the necessary laws to put the scheme into operation. 
 The idea of the Initiative is that whenever a large percent- 
 age of the people want some measure to become a law, 
 they may prepare a bill and petition the governor to call 
 an election to vote upon it. If a majority of the voters 
 are in favor of it, it becomes a law, without the legislature 
 or the executive having anything to say about it. 
 
 Every bill, before it becomes a law, must be read three 
 times in each house and then receive the assent of a major- 
 ity of all the members elected to each house of the legis- 
 lature. When the final vote is taken on any bill it must 
 be by roll call and the responses by "aye" or "nay." 
 
 In the days when printing was unknown it was the rule 
 to read all bills two or three times in full before the legis- 
 lative bodies for information. Now, however, as all bills 
 of importance are printed, it has become customary to 
 omit the first, and sometimes the second, reading in full and 
 read by title only. Where it is read by title only, it is 
 customary to speak of the reading of the bill. As a matter 
 of fact, the reading of any bill is merely a matter of form, 
 for the members are acquainted with it from the printed 
 
LEGISLATIVE DEPARTMENT 49 
 
 copy. A bill may be rejected upon its first reading, though 
 it rarely ever is, but is referred to a committee for considera- 
 tion. The committee may consider the bill and make a 
 favorable or unfavorable report. It may also " pigeon- 
 hole " it, that is, kill it by delaying its consideration so 
 long that there will not be time to take it up when it is 
 finally reported or not even reported at all. A favorable 
 report may carry with it many amendments, — so many, 
 in fact, that it is frequently impossible to recognize the 
 original bill except by the title. The bill is now placed 
 upon the calendar to await its turn for consideration by 
 the whole body. If it is a special or very important 
 measure, it may be, by special vote, advanced on the cal- 
 endar or made a special order to receive early considera- 
 tion at a certain clay or hour. When it is finally reached, 
 it is read the second time and is now open for discussion 
 and amendments from the body of the house. At this 
 stage a common practice by those opposed to the bill is 
 to move to strike out the enacting clause. If it is not 
 amended, recommitted, or rejected, it is passed. After a 
 bill passes both houses, it is returned to the engrossing 
 clerk in the house where it originated. There the proper 
 engrossing committee carefully compares the engrossed or 
 copied, bill with the original to see if there are any errors 
 and that it has been correctly and accurately copied into 
 the legislative records. A bill is engrossed, or copied, into 
 the records in one house only. 
 
 It frequently happens that a bill passed by one house is 
 amended by the other. The amendments may be accepted 
 by the first house or rejected. If rejected, the difficulty 
 may be adjusted by a joint committee from both houses, 
 known as a " Conference Committee." If the committee 
 is unable to agree, the bill is lost ; if the committee agrees 
 
50 CIVIL GOVERNMENT OF UTAH 
 
 upon a report which is adopted by both houses, the bill is 
 then passed. 
 
 When a bill is properly enrolled, it is signed by the 
 speaker of the House and the president of the Senate 
 in open session in the presence of the respective bodies 
 and then forwarded to the governor for consideration. If 
 the governor signs the bill, it then becomes a law. As 
 soon as he signs the bill, he notifies the house in which it 
 originated and files the copy of the law with the secretary 
 of state, who places upon it the great seal of the state. If 
 the governor does not sign the bill, he must return it, to- 
 gether with his objections, within five days, Sunday and 
 the day upon which he received it excepted, to the house 
 in which it originated. This is known as a veto. The 
 objections must be entered in the Journal. A reconsid- 
 eration may then be had. If, after the reconsideration, 
 the measure again passes both houses with a majority 
 of two thirds in each, it becomes a law without the signa- 
 ture of the governor. If the bill is not returned within 
 five days, it becomes a law if the governor does not sign it. 
 If, however, the legislature adjourns the session before the 
 end of the five days, the governor has ten days. If he vetoes 
 it, he must file his objections with the secretary of state. 
 
 The constitution of Utah, being an exception to the rule, 
 gives the governor authority to veto any item in an ap- 
 propriation bill without vetoing the entire bill. This is an 
 excellent provision. In most states the governor is com- 
 pelled to approve or reject the whole appropriation measure. 
 This makes possible considerable trading among members 
 for the support of measures they do not favor in order to 
 secure support for some pet project thev desire enacted 
 into law. This is known as "logrolling" and is usually a 
 wasteful expenditure of public funds. If the President of 
 
LEGISLATIVE DEPARTMENT 51 
 
 the United States possessed this power, he could save 
 millions to the nation every year. 
 
 All laws passed by the legislature go into effect sixty 
 days after adjournment and upon publication unless a 
 future date beyond sixty days is fixed by the law itself. If, 
 however, they are declared to be emergency measures and 
 voted for by two thirds of each house, they go into effect 
 immediately without publication. 
 
 Restrictions upon Power of making Laws. — The legisla- 
 ture of the state of Utah has authority to enact laws upon 
 any subject except where prohibited by the laws, treaties, 
 and Constitution of the United States and the constitution 
 of Utah. 
 
 The Declaration of Rights of the state constitution pro- 
 vides certain restrictions, and in addition to these certain 
 other limitations pecifically mentioned in the constitution 
 proper. The constitution provides that every law shall 
 contain only one subject, which shall be clearly expressed 
 in its title. The purpose of this is to prevent careless 
 legislation and to make it impossible to pass objectionable 
 measures under favorable titles and without notice. 
 
 Laws must be general in their purpose. Private laws 
 are forbidden. 
 
 QUESTIONS 
 
 1. What, is the duty of the legislature ? 
 
 2. How many Senators are there in the state Senate ? How many 
 Representatives in the House ? 
 
 3. What is the term of each ? 
 
 4. Why is the term of the Senator longer than that of the Repre- 
 sentative ? 
 
 5. Is the Senate a " continuous " body and how ? 
 
 6. How many of the Senators are elected at once ? How many 
 Representatives ? 
 
 7. When and how often does the legislature meet ? 
 
S 2 CIVIL GOVERNMENT OF UTAH 
 
 8. Who presides over each body of the legislature and how is he 
 selected ? 
 
 9. Who are the present presiding officers ? 
 
 10. How many members of each body constitute a quorum to do 
 business? 
 
 n. Why is the governor required to submit the names of his 
 appointees to the Senate for approval ? 
 
 12. After the governor submits a name to the Senate and it is re- 
 jected, should he then wait until the legislature adjourns and reappoint 
 the same person ? 
 
 13. Should the members of the legislature be appointed to any 
 position by the governor during their term of office in the legislature ? 
 
 14. Why does each house appoint a great many committees? 
 
 15. If a majority of the committee is against a measure submitted to 
 it, what effect may it have on the passage of the bill ? 
 
 16. Why does the constitution provide that laws should be general 
 and not special in their purpose ? 
 
 The Executive Department 
 
 The legislative body makes the laws ; but the executive 
 department enforces them. The executive department has 
 no right to decide upon the wisdom, justice, or necessity of 
 a law, except so far as the veto power is concerned. That 
 part has been done by the legislature. If it is a law, the 
 executive department should enforce it. If the enforce- 
 ment of the law shows it to work different from what was 
 expected and to be unwise, then the legislature, when in 
 session, should repeal it. If, on the contrary the executive 
 feels the greatest need for a law to correct certain evils, 
 and the legislature fails to enact it, nothing can be done. 
 If the executive were allowed unrestrained power to make 
 the laws, it would defeat the will of the people and lead to 
 despotism. In our state the chief executive officers include 
 the governor, the secretary of state, state auditor, state 
 treasurer, attorney-general, and superintendent of public 
 
EXECUTIVE DEPARTMENT 53 
 
 instruction. Although the state constitution designates 
 all of the foregoing officials as executive officers, the most 
 important executive officer is the governor. The others 
 are, except the secretary of state when acting as governor, 
 in large part either advisory or administrative officers. 
 
 The Governor. — The governor is elected by the qualified 
 electors of the state for a term of four years. If there are 
 only two candidates for the position, the one receiving a 
 majority of the votes cast is declared elected; if there are 
 three or more candidates, the one receiving the highest 
 number of votes is elected. In case of a tie between the 
 two highest the choice rests with the legislature. 
 
 The governor must be thirty years of age, a qualified 
 elector, and a resident of the state five years preceding his 
 election. It is the duty of the governor to see that the 
 laws are strictly enforced; to call out the militia in times 
 of need to maintain order, as by virtue of this position he 
 is commander in chief of the military forces of the state 
 (Utah National Guard) except when they are in the serv- 
 ices of the United States. When the legislature convenes, 
 it is his duty to send a message to that body, calling atten- 
 tion to the condition and needs of the state and its institu- 
 tions and recommending such legislation as he considers 
 necessary. All bills passed by the legislature require his 
 signature before they become laws, unless they are passed 
 over his veto by a majority in each house of two thirds. 
 If, however, a bill is allowed to lie on the governor's table 
 five days, Sundays, holidays, and the day upon which he 
 received it, excepted, it becomes a law without his signature. 
 He is authorized to convene a special session of the legis- 
 lature whenever the public welfare demands it, and in case 
 of a disagreement between the two houses as to the time 
 of adjournment in a special session he can adjourn them. 
 
54 CIVIL GOVERNMENT OF UTAH 
 
 With the consent of the Senate he has authority to ap- 
 point all state and district officers not otherwise provided 
 for. In case of general state officers he has authority to 
 fill vacancies caused by death or resignation. The ap- 
 pointive power of the governor in respect to the state offi- 
 cial positions created by the legislature is very extensive. 
 This is especially true with respect to boards which do 
 state business or control state institutions. The term of 
 the governor is long ; and the terms of the members of the 
 several boards are short. It gives an executive power in 
 one term to change completely the policy of an institution. 
 A great number of the states are extending the terms of 
 office of the various boards, so as to make it impossible to 
 bring about a radical change during the administration of 
 any one man. Where the term of office of the boards of 
 management of the state institutions are much longer 
 than that of the executive, if a change of policy in an 
 institution is desired, it would be necessary to choose two 
 or more governors who favored a change. 
 
 Board of Pardons. — The power pertaining to pardons and 
 reprieves, usually delegated to the governor, is exercised in 
 this state by a board consisting of the governor, justices 
 of the supreme court, and the attorney-general, known as 
 the Board of Pardons. Temporary pardons or reprieves, 
 in case of necessity, may be granted by the governor. 
 They may remain in effect until the Board of Pardons 
 meets. These apply to prisoners under sentence to the 
 state prison. 
 
 Administrative Officers. — As before mentioned, the consti- 
 tution designates all of the following as executive officers, 
 but they are, in fact, mainly administrative in their duties: 
 secretary of state, slate auditor, state treasurer, attorney- 
 general and superintendent of public instruction. They 
 
EXECUTIVE DEPARTMENT 55 
 
 are elected at the general election the same time as the 
 governor, and their duties are very fully prescribed by law. 
 
 Secretary of State. — The secretary of state is elected for 
 a term of four years and is eligible for reelection. In case 
 of absence from the state, inability, death, or resignation 
 of the governor, he becomes the acting governor. The 
 secretary is the official record keeper of the state. He 
 must keep an enrolled copy of the constitution of the state 
 and all laws, resolutions, memorials, and petitions acted upon 
 by the legislature. In addition he is the keeper of the 
 great seal of the state, and of all books, records, deeds, 
 parchments, maps, and papers deposited in his office ac- 
 cording to law. When the governor has placed his signa- 
 ture upon legislative enactments, the secretary is required 
 to place the great seal of the state upon them and to dis- 
 tribute copies of them to certain designated federal, state, 
 and county officials. In addition to the foregoing, he must 
 file in his office all articles of incorporation, and collect all 
 taxes levied upon corporations. 
 
 The Auditor. — The state auditor is elected for a term of 
 four years, but the constitution provides that he cannot suc- 
 ceed himself for a second term. He is required to keep 
 account of all state funds, including the receipts, collections, 
 and expenditures of all moneys belonging to the state. 
 All claims must be examined by him before they are paid, 
 to see that they are just and legal. Furthermore, he is 
 required to examine the books of all persons keeping or 
 disbursing public moneys ; collect all payments due the 
 state, instituting suit if necessary ; furnish the governor a 
 statement of the revenues, expenditures, and funds of the 
 state with an estimate for the future ; transmit upon 
 request a similar statement to the legislature ; and draw 
 warrants upon the treasury for the payments of state 
 
56 CIVIL GOVERNMENT OF UTAH 
 
 obligations. He must also record all trade-marks and 
 brands. In fact, he is the official bookkeeper, or ac- 
 countant, of the state. 
 
 The Treasurer. — The treasurer is elected for a term of 
 four years. The constitution provides that he cannot suc- 
 ceed himself for a second term. He is the custodian of 
 the funds of the state. It is his duty to receive all 
 moneys ; to keep all funds ; to pay all warrants issued by 
 the auditor ; to make a record of all receipts and disburse- 
 ments ; and to report to the governor semiannually the 
 condition of the treasury and likewise to the legislature 
 when requested. 
 
 The governor is authorized in the case of default, em- 
 bezzlement, or irregularity in the use or keeping of the 
 funds by the treasurer to suspend him from office, upon 
 the recommendation of the Board of Examiners (gov- 
 ernor, secretary of state, and attorney-general). If, after 
 the books have been carefully examined by an expert, the 
 Board of Examiners issues a certificate stating that the 
 funds have been improperly used, the governor -is author- 
 ized to remove the treasurer and to appoint his successor. 
 The object of this provision is to guard carefully the funds 
 of the state and to see that they are not misappropriated. 
 
 Attorney-General. — The attorney-general is elected for 
 a term of four years and is eligible for reelection. It is 
 his duty to prosecute and defend all cases against the 
 state or any officer of the state arising in the supreme 
 court of the state or in any court of the United States; 
 to supervise the work of the county attorneys ; to give his 
 opinion free of charge to any state officer, board, or com- 
 mission ; to institute and prosecute cases in the courts of 
 the state or the United States against corporations doing 
 business in the state in violation of the laws. All fees re- 
 
EXECUTIVE DEPARTMENT 57 
 
 ceived by him must be turned into the treasury of the 
 state. His bond is $5000. 
 
 Superintendent of Public Instruction. — The superintend- 
 ent of public instruction is elected for a term of four years 
 with no limitations as to the number of terms he may serve 
 if the people see fit to reelect him. He must be thirty 
 years of age, a qualified voter, a resident of the state for 
 five years preceding his election, the holder of a state cer- 
 tificate of the highest class issued by a state or a graduate 
 of some reputable college, university, or normal school. 
 The superintendent is charged with the general administra- 
 tion of the system of public education and with the gen- 
 eral supervision of the (district and high) schools of the 
 state ; with the apportionment of the state funds ; with the 
 making of a biennial report to the governor as to the con- 
 ditions and needs of the schools ; with calling conventions 
 of city and county superintendents ; with the advising of 
 superintendents, school officers, and teachers, as to school 
 management and law. He is chairman of the State Board 
 of Education. 
 
 QUESTIONS 
 
 1. What is the duty of the executive department ? 
 
 2. For what term is the governor elected ? 
 
 3. What are the qualifications prescribed for the office ? 
 
 4. What is the salary ? 
 
 5. When can the governor call a special session of the legislature ? 
 
 6. How can a governor veto a bill ? 
 
 7. What does the word " veto " mean ? 
 
 8. How can the legislature pass a bill over the governor's veto ? 
 
 9. In case the governor should die or resign, who would succeed him ? 
 
 10. When do we elect the governor ? 
 
 11. What other general state officials are elected at the same time ? 
 
 12. Name the most important duties of these state officials ? Why 
 are they mainly administrative ? 
 
5 8 CIVIL GOVERNMENT OF UTAH 
 
 The Judicial Department 
 
 In modern civilized nations a well-trained and indepen- 
 dent judiciary is of primary importance in the development 
 of civil rights. The judges of the Anglo-Saxon race have 
 always gloried in the spirit of fairness and impartiality 
 which has characterized their administration of the law. 
 We Americans have to place by the side of such distinguished 
 jurists as Lords Mansfield and Ellenborough, Chief Jus- 
 tice Marshall. It should be the pride of every state to 
 provide itself with able, independent judges. In fact, 
 judges should not be subject to politics. 
 
 " The judicial power of the state," according to the con- 
 stitution, " is vested in the Senate acting as a court of im- 
 peachment, the supreme court, district courts, justices of 
 the peace, and such other inferior courts as may be estab- 
 lished by law." In accordance with this provision the 
 legislature has established a supreme court, seven district 
 courts, and courts of justices of the peace and municipal 
 courts. 
 
 The supreme court is the highest court in the state. 
 The constitution wisely provides that the number of jus- 
 tices of the supreme court cannot be indefinitely increased ; 
 the number cannot exceed five ; the purpose of this pro- 
 vision is to prevent an increase of the number of judges 
 for political or partisan purposes, or in order to overcome 
 an unpopular decision. 
 
 At present there are three judges, the lowest number 
 allowed. The term is six years. In the election of justices 
 of the supreme court the state is one district, thus all the 
 electors vote for each judge. Of the judges regularly 
 elected the one with the shortest term is chief justice. 
 Two constitute a quorum to do business. Persons to be 
 
JUDICIAL DEPARTMENT 59 
 
 eligible to this office must be at least thirty years of age, 
 five years a resident of the state, and a member of the bar. 
 Jurisdiction of the Supreme Court. — The supreme court 
 has original jurisdiction, that is, legal processes can be be- 
 gun there, to issue writs of mandamus, certiorari, prohibition 
 quo warranto, and habeas corpus. Each of the justices 
 of the supreme court has authority to issue a writ of 
 habeas corpus when it is asked for by a person confined in 
 a jail or when asked for by any person in his behalf. 
 The justice issuing the writ can make it obligatory 
 that a hearing be had before himself, the supreme 
 court, or a judge of a district court. As a matter of fact, 
 however, practically all the business of the supreme court 
 comes to it upon appeals from the district courts. The 
 supreme court is not supposed, ordinarily, to try a case, 
 but to decide points of law. When cases are appealed to 
 it from the lower courts, it carefully examines them to see 
 if the law has been properly interpreted and also to see if 
 the decision is in accordance with the law and facts. At 
 the time the case is being considered the court listens to 
 arguments presented by the lawyers of both the parties to 
 the case. The arguments may be made orally or in writing. 
 Before this court, ordinarily, no witnesses can be heard or 
 evidence presented. The judgment of the district court 
 may be affirmed, or if the decision is contrary to the law 
 or the constitution, reversed, modified, or a new trial 
 granted in the district court. In any case before the court, 
 the opinion of the majority of the justices is considered the 
 decision of the court. Every decision must be in writing. 
 The judgment of the supreme court is final in all cases 
 which do not involve the laws, treaties, or constitution of 
 the United States. In such cases appeals may be taken 
 to the federal courts. 
 
60 CIVIL GOVERNMEXT OF UTAH 
 
 District Courts. — At present the state is divided into 
 seven judicial districts, each of which elects one judge, except 
 the second judicial district, which elects two, and the third 
 elects five judges. It lies within the power of the legisla- 
 ture to change the size or number of the districts at any 
 time or to decrease or increase the number of judges of 
 any district whenever it sees fit. No change, however, can 
 effect the removal of a judge already elected. 
 
 The judges are elected for a term of four years. Each 
 must be twenty-five years of age, learned in the law, a 
 member of the bar, and a resident of the state for three 
 years past preceding the election, and a resident of the 
 district of the state for which he is elected. 
 
 The law requires the district court to hold at least three 
 sessions a year in each county of the district. The court 
 has authority to try all civil and criminal cases arising 
 within the district. All cases must be tried within the 
 county where the offense was supposed to have been com- 
 mitted unless a request is made for a change into another 
 county. This is frequently done when it is felt that the 
 public feeling is so strong against the accused that a fair 
 trial cannot be had, in the district where the case was begun. 
 
 Often a judge is disqualified to try certain cases. He may 
 have been a legal adviser of one of the parties to the case 
 before he became a judge or in some other way be inter- 
 ested in the outcome of the decision. Under such circum- 
 stances a judge from another district may be invited to 
 preside at the trial by the judge of the district. If the 
 governor affirms the request, it becomes the duty of the 
 judge to substitute for the disqualified judge. 
 
 Tn all cases where the state is involved the interest of 
 the commonwealth is represented by the district attorney, 
 attorney-general, or some other state attorney. 
 
JUDICIAL DEPARTMENT 6l 
 
 The district court has the original authority to try all civil 
 or criminal cases and to dispose of all matters pertaining to 
 the estates of deceased persons, commonly known as probate 
 business, except such as are otherwise provided for by law. 
 It has also the right to hear or retry upon appeal all cases 
 which were begun in the city or justice of the peace courts. 
 It has general supervisory control over the courts of the 
 cities or of the justices of the peace within the district. 
 Any court of a district has authority to issue such writs as 
 are necessary to carry out its orders or decrees or judg- 
 ments. 
 
 In nearly all cases in the district courts juries are employed 
 to decide upon the facts ; the law is decided upon by the 
 judge. Appeals lie from nearly all final orders, decrees, 
 and judgments of the district court to the supreme court. 
 The district court is the court which comes nearest to the 
 people. It hears and settles most disputes, and, while 
 appeals are often taken to the supreme court of the state, 
 it is, in the majority of cases, the place where the body of 
 the differences are settled. 
 
 District Attorney. — A prosecuting attorney is elected 
 for each judicial district for a term of four years at a fixed 
 salary. The judge in each case with the aid of the jury is 
 to decide a case, when it is brought to his court, but it is 
 the duty of the attorney to look after the interests of the 
 state, prepare the case, and prosecute all civil and criminal 
 cases in which the state is involved ; to draw all complaints 
 or bills, appear before grand juries; and to do other state 
 business including such as the attorney-general demands. 
 
 Juvenile Courts. — The law provides that the governor, 
 the attorney-general, and the superintendent of public 
 instruction constitute a juvenile court commission with 
 power to appoint a secretary to the commission and a judge 
 
62 CIVIL GOVERNMENT OF UTAH 
 
 for the juvenile court in each judicial district of the state 
 which contains a city of the first or second class for a term 
 of two years, and also upon the recommendation of the 
 juvenile judge, a probation officer who shall serve during 
 the pleasure of the commission. The duty of the proba- 
 tion officer is to serve the court and to care for the delin- 
 quent boys and girls who are under eighteen years of age 
 and of adults who contribute to the delinquency of children 
 under eighteen. This court is one of the modern means 
 adopted to help children and as far as possible prevent their 
 becoming criminals. Juvenile courts should command the 
 service of well-educated men who are intensely interested 
 in the welfare of young folks; not so much a knowledge of 
 law is needed as a knowledge of child life. The aim is to 
 look at things from the point of view of a child and where 
 the minor makes a mistake, to attempt to get him to correct 
 it. 
 
 The Trial of Cases in Courts. — A case is a disputed ques- 
 tion before a court, commonly called a lawsuit. A trial is 
 the examination of the disputed question before a court 
 with a view of settling it. The person making a complaint 
 before a court is the plaintiff ; the opposite party is the 
 defendant. 
 
 There are two classes of cases, criminal and civil. Crim- 
 inal cases are begun in the state ordinarily by the pros- 
 ecuting attorney, or some other person swearing out a 
 complaint. Formerly, even in criminal cases, the individ- 
 ual injured, or his friends, carried on the proceedings, the 
 state taking no part. A criminal act is regarded as being 
 against everybody and, therefore, is against the state. All 
 cases not criminal are civil. 
 
 Crimes are divided into two classes. Those punishable 
 with death or imprisonment in the state prison are called 
 
JUDICIAL DEPARTMENT 63 
 
 felonies; all other offenses against the law are called mis- 
 demeanors. Any justice of the peace or judge of the dis- 
 trict may issue a warrant for the arrest of any person upon 
 information furnished by the prosecuting attorney or upon 
 the complaint under oath of an individual charging the 
 commission of a felony or a misdemeanor. 
 
 When the warrant is issued, it is placed in the hands of 
 an officer for the arrest of the offender. When arrested, 
 he is taken before a justice for a trial or for preliminary 
 hearing to be bound over to a higher court. If the ac- 
 cused is convicted in the justice's court, he can appeal to 
 the district court and in cases involving questions of law, 
 procedure, etc., to the supreme court. 
 
 In many serious charges, such as felony cases, the justice 
 has no authority to try them at all, but can grant prelimi- 
 nary hearing, and if the evidence warrants it, bind the de- 
 fendant over with or without bail to appear before a higher 
 court. In cases of murder bail is generally not allowed, 
 but the person is committed to jail until a trial is had. 
 
 When a case comes before a court for trial, the defend- 
 ant may move to dismiss or set aside the complaint made 
 against him. If the court overrules the motion, the defend- 
 ant is required to go on trial. The charge is read in open 
 court to him and he is requested to plead " guilty " or " not 
 guilty." If he pleads "guilty," he can be sentenced at 
 once for the offense, and if "not guilty," a day is set to 
 go to trial. In case the defendant is too poor to employ 
 an attorney, the judge may request any attorney practicing 
 in the court to defend him. The state is represented by 
 the prosecuting attorney. Every criminal action must be 
 tried publicly in the county where the offense was com- 
 mitted unless there is good reason to believe that a fair 
 trial cannot be obtained. The case can be tried by a jury 
 
64 CIVIL GOVERNMENT OF UTAH 
 
 upon the request of either party. The defendant and the 
 prosecution can, upon agreement, submit the case to trial 
 before the judge only. 
 
 When it comes to a trial by jury, it sometimes requires the 
 examination of a long list of persons before an impartial 
 body of men can be obtained. Many persons are excused 
 by the judge because of knowledge and conviction on the 
 case. A certain number of jurors can be objected to with- 
 out assigning any reason. After the jury is impaneled 
 and sworn, the state, through the prosecuting attorney, 
 presents its side of the case and brings witnesses to sup- 
 port it. The defendant then may offer testimony to refute 
 the charges made against him. 
 
 After all the evidence for and against the defendant has 
 been introduced, the attorneys sum it up for their respec- 
 tive sides. The judge gives the jury instructions pertaining 
 to the law and it now retires to arrive at a verdict. When 
 it reaches a verdict, notice is sent and the jury comes be- 
 fore the court, where the verdict is read to the accused. If 
 the verdict is " not guilty," the defendant is released ; if 
 " guilty," he is held for sentence by the court. 
 
 The defendant may find new evidence and ask for a new 
 trial, which, if the court sees fit, it may grant. If the new trial 
 is not granted, an appeal may be taken to the supreme court. 
 The supremecourt may granta new trial, discharge the case, 
 or affirm the decision of the lower court. If in any case the 
 jury should fail to agree upon a verdict, there is a mistrial 
 called a " hung jury," and the case may be retried. 
 
 Civil cases usually involve a dispute over some property. 
 The case is begun by the tiling of a complaint in the office 
 of the clerk of the court. A summons is thereupon issued 
 and directed to the sheriff, giving notice to the defendant 
 of the commencement of the suit. The dispute may involve 
 
JUDICIAL DEPARTMENT 65 
 
 a point of law or a question of fact. The former is tried 
 by the court, the latter by the petit or trial jury. The use 
 of a jury may be waived by an agreement of the parties to 
 the civil action. The statement of the case, the submission 
 of the evidence, the argument, and the instructions are the 
 same as in criminal cases. 
 
 The grand jury is a body of seven men called together 
 by a district judge to investigate the violations of the law. 
 In most states the laws provide for the calling of the grand 
 jury once or twice a year. In this state the grand jury is 
 only convened upon an order of the judge of the district 
 court. When once convened, it is required to investigate 
 in secret the violations of the law and, if necessary, the ad- 
 ministration of any or all public offices. If the evidence 
 seems to show that unlawful acts have been performed, in- 
 dictments are drawn against the offenders or in other 
 words, formal charges are preferred against certain indi- 
 viduals and presented to the clerk of the court. Warrants 
 are now issued for the arrest of the indicted persons, and 
 the procedure is the same as outlined in criminal cases. 
 
 QUESTIONS 
 
 1. What is the duty of the court ? 
 
 2. Why should a judge be a particularly fairand honest man? 
 
 3. How many kinds of courts do we have in this state? 
 
 4. How are the judges of the several courts elected? 
 
 5. What are their terms of office? 
 
 6. What is the name of the highest court in the state? 
 
 7. How many judges sit in this court? 
 
 8. Where are the cases first tried? 
 
 9. Why does each district elect a prosecuting attorney and the State 
 an attorney-general ? 
 
 10. Are interested parties to a suit allowed to bring witnesses be- 
 fore the supreme court? 
 
 11. Of what use is the grand jury? 
 
66 CIVIL GOVERNMENT OF UTAH 
 
 Appointive Officers 
 
 A century ago there was a strong tendency toward the 
 diffusion of power. By this is meant that many offices 
 were filled directly by the people. The purpose was to 
 keep the power as near to the people as possible. Our 
 forefathers had been oppressed by kings and rulers and 
 believed that little power should be given to them, but that 
 great power should be given to the legislature over the 
 affairs of the state. 
 
 Just how many officials should be elected and how 
 many appointed is a difficult matter to determine. Some 
 maintain that the people in a democracy should elect as 
 many as possible in order to keep the power in their own 
 hands; others, and the tendency seems in that direction 
 at present, feel that better results can be obtained bv the 
 people electing an executive officer or commission with 
 power to fill all the other offices. In this manner the 
 selective power will have several persons to make a choice 
 from and can take time to inquire into their ability and 
 character, which is difficult to do in a political conven- 
 tion. 
 
 In this state neither extreme has been followed. The 
 people have retained the right to fill a great many offices 
 by election; and the legislature has granted the power to 
 the governor, with the consent and approval of the Senate, 
 to make appointments to a large number of offices. In 
 this chapter upon "appointive officers and state boards 
 and commissions" it is to be understood, unless otherwise 
 specified, that all persons occupying these several positions 
 arc appointed to them by the governor, upon the approval 
 of the Senate. There are, however, a few ex officio mem- 
 bers on the different boards and commissions. 
 
APPOINTIVE OFFICERS 67 
 
 Adjutant General. — The governor is commander in chief 
 of the Utah National Guard. He appoints as members of 
 his staff an adjutant general, an inspector general, quarter- 
 master general, a commissary general, a surgeon general, 
 a judge advocate general, a general inspector of target 
 practice, an assistant adjutant general, and two aides-de- 
 car»p. Next in command to the governor is the adjutant 
 general. He is supposed to carry out the orders of the 
 governor and be in active control of the military forces 
 of the state. It rests with the adjutant general- and the 
 staff to maintain within the state a capable and efficient 
 military force, which must not be less than three hundred 
 in number. The term of office of the military officials 
 cannot extend beyond the term of office of the governor 
 appointing them. The purpose of maintaining a state 
 militia is to insure peace and safety against riot and dis- 
 order in any part of the state. 
 
 The officers are paid a regular salary for their work of or- 
 ganizing and training an efficient military force of the state. 
 The privates and non-commissioned officers, on the other 
 hand, are paid small amounts when at practice or in service. 
 
 Bank Commissioner. — Banks are among our most useful 
 institutions. People with a surplus place it in a bank for 
 convenience or for interest, while others in need go there 
 to borrow. In this way they help to build up a community. 
 The majority of people who deal with banks know very 
 little about their reliability. Banks are chartered by the 
 federal government, in the case of national banks, and by 
 the state in the case of the state banks. In order to see that 
 their business is properly transacted, and in order to protect 
 the patrons, the federal government appoints bank examin- 
 ers to examine the national banks, and the state appoints 
 a state bank commissioner and bank examiners to examine 
 
68 CIVIL GOVERNMENT OF UTAH 
 
 state banks. Loan trust and guaranty associations do a 
 business similar to banking and are under like supervision. 
 
 By law the commissioner of banks is given general super- 
 vision of the banks of the state. He must have had three 
 years' practical experience in banking in order to be quali- 
 fied for appointment. He is assisted by one or more bank 
 examiners appointed by the governor. Their duties are to 
 inspect the books, examine the commercial paper, and de- 
 termine the reliability of the state banks, loan trusts, or guar- 
 anty associations. The examinations must be made at least 
 once a year and oftener if the secretary of state requests it. 
 
 Chemist (State). — In former times most of the food con- 
 sumed in the home was prepared by the family. Meats 
 and fruits were cured at home for family use. In this way 
 good, wholesome food was provided. Modern science and 
 means of transportation have changed conditions. At an 
 ordinary dinner the different parts of the earth are repre- 
 sented by their products. The house industry has been 
 supplanted by the factory, which is a means of supplying, 
 in many cases, millions of people. The modern factory is 
 an institution run by its owner for profit. If for the pure 
 product can be substituted some cheap but inferior article, 
 the profits can be largely increased. This is bad enough 
 if the substitute is a harmless one. Too often, however, 
 it is a poisonous one, which no one except a trained chemist 
 is able to detect. So much impure food has been placed 
 upon the market that the national government has had to 
 create a regular bureau to analyze food shipped into foreign 
 countries and from one state to another. 
 
 However, considerable food is manufactured within each 
 state and over this, unless it enters into interstate com- 
 merce, the national government has no control, but it is 
 the duty of the state to inspect it. 
 
APPOINTIVE OFFICERS 69 
 
 The state chemist is appointed for a term of two years 
 and his duties require him to analyze all articles of food 
 and drink manufactured, sold, or used within the state, 
 when submitted to him by the state dairy and food com- 
 missioner or the State Board of Health. The office is one 
 of the most important within the state. In order to fulfill it 
 properly, it requires a good chemist and a man of strict 
 integrity. The bond is $ 5000. The term is two years. 
 
 Coal Mine Inspector. — Under the best possible conditions 
 mining is a dangerous occupation. Thousands of men 
 lose their lives every year in the mines of the United 
 States. In certain mines explosive gases gather and in the 
 presence of fire explosions take place. By proper precau- 
 tions these can be prevented. Poor timbering is often 
 done or poor machinery installed. All of these are the 
 cause of numerous accidents and a great loss of life. In 
 order to enforce proper regulations, a state inspector of 
 coal mines is appointed. The term is four years. 
 
 Dairy and Food Commissioner. — Closely associated and 
 equally important with the state chemist is the dairy and 
 food commissioner. It is his duty to see that' all laws 
 governing the production, manufacture, and sale of foods 
 and dairy products are strictly enforced. Modern science 
 has taught us that cleanliness is essential to health. Filth 
 breeds disease. So it is essential, not only that foods 
 shall not be adulterated, but that they shall be free from 
 all forms of injurious bacteria. To accomplish this the 
 dairy and food commissioner must insist that all places 
 where food products are prepared and offered for sale, and 
 where meats are slaughtered or offered for sale, be kept 
 clean and wholesome. To accomplish this, he or his depu- 
 ties are required to visit all parts of the state and when- 
 ever he feels that diseased, unclean, infected, unwholesome, 
 
70 CIVIL GOVERNMENT OF UTAH 
 
 or adulterated products are prepared or offered for sale to 
 examine them, and if they are found to be so, to prohibit 
 their sale. For this purpose it is necessary to inspect 
 factories, dairies, creameries, bakeries, restaurants, shops, 
 and all places where any kind of foods are produced or 
 exhibited for sale. If unfit foods or unclean factories, 
 shops, or stores are found, he must abate the nuisance. 
 That the state should take up this task is one of the great- 
 est steps towards advancement in health conditions in the 
 last half century. Many years will go by before conditions 
 are as they should be, but there is an old adage that well 
 begun is half done. His term is two years. 
 
 Engineer (State). — In humid climates the control, dis- 
 tribution, and regulation of the natural streams are not so 
 important to production, unless it is by drainage or other 
 means of getting rid of the surplus water. In the states 
 of the arid regions it is essential to their agricultural, 
 domestic, and social development that the water from the 
 streams be properly distributed and that reservoirs and 
 other means be provided for the storage of flood waters. 
 Where the water becomes more valuable than the land 
 itself the streams are apportioned, measured, and properly 
 recorded and the ownership determined. The state as- 
 signs this work to the state engineer and his aids. Of 
 course disputed points may be taken to the courts for final 
 settlement. He is authorized to make such rules and 
 regulations as will carry out the foregoing provisions and 
 secure an equitable and fair division of the water of the 
 several streams according to the established rights of the 
 owners or claimants. At present there are few things as 
 important to the welfare of the state as the proper conserva- 
 tion and distribution of the water supply. Every town 
 should exert itself to the limit to get an ample supply of 
 
APPOINTIVE OFFICERS 71 
 
 pure water. The person appointed to the office of state 
 engineer must be well qualified. His term of office is four 
 years, and his bond is $5000. 
 
 Examiners of Public Accounts. — In order to see that 
 proper accounts are kept of the public, the office of ex- 
 aminers of public accounts has been created. The term 
 is during the pleasure of the governor, and the examiner 
 is required to examine the financial affairs of every state 
 officer, state board, and state institution at least once a 
 year. After the examinations are made, he must report to 
 the Board of Examiners. 
 
 Fish and Game Warden. — The fish and game warden 
 is appointed for a term of four years. The appointee 
 must not be a member of any hunting, shooting, or fishing 
 club. His office gives him control and supervision over 
 the waters of the state for the collection, propagation, cul- 
 ture, and distribution of fish in the state. He is to receive 
 and distribute all game, fish fry, and spawn fairly and 
 equitably among the several counties. The law gives him 
 authority to capture any game or fish in the state for the 
 purpose of inspection, cultivation, propagation, or dis- 
 tribution. 
 
 The commissioner may appoint by and with the ap- 
 proval of the governor one chief deputy warden, six chief 
 wardens, one superintendent for each hatchery, and one 
 chief clerk, and a sufficient number of local deputies to 
 protect the fish and game. There are now (191 1) twenty- 
 three deputies. The salaries are: chief deputy, $1200; 
 superintendent of each hatchery, $1000; each of the six 
 wardens, $1000 ; per annum and actual traveling expenses 
 not to exceed $600 per annum. The chief office clerk re- 
 ceives an annual salary of $900. These expenditures are 
 met by a license fee, imposed on all hunters and fishers. 
 
72 CIVIL GOVERNMENT OF UTAH 
 
 It is a criminal offense to fish or hunt without license. 
 The state is divided into districts and one chief warden is 
 placed in charge of a district. Under each warden are 
 several deputies. 
 
 The duties of the fish and game wardens and deputies 
 are to see that all laws of the state for the protection of 
 fish and game are faithfully enforced in the several coun- 
 ties. For this purpose they are given the power usually 
 exercised by constables and sheriffs. 
 
 Commissioner of Immigration. — The Western states are 
 anxious to secure settlers and in order to secure the neces- 
 sary statistics and to place them properly before the public, 
 the law has created the office of the commissioner of im- 
 migration. His duties require him to gather statistics of 
 all the natural resources of the state, financial, manufac- 
 turing, vital, social, and labor statistics of the state. He 
 is also charged with gathering information in respect to 
 violations of labor laws. He is required to make proper 
 reports. The term of office is two years. 
 
 Commissioner of Insurance. — Insurance is no longer a 
 private concern. A very large number of people carry 
 insurance, and it becomes the state to see that such com- 
 panies as go out to solicit public patronage should be 
 financially reliable. For this purpose the state has created 
 the office of commissioner of insurance, whose duty it is to 
 examine the various insurance companies doing business 
 in the state and, if found complying with the requirements 
 of the law, to issue to them a certificate for a continuance 
 of the right to do business. New companies must comply 
 with the same requirements. The term of office is two 
 years. 
 
 Veterinarian (State). — The live stock industry of the 
 state is one of great and growing importance. The num- 
 
STATE BOARDS 
 
 73 
 
 411,195 .... value 
 
 $8,922. 760 
 
 117,545 .... value 
 
 10,124,833 
 
 ,826,477 .... value 
 
 8,632,029 
 
 64,244 .... value 
 
 445,401 
 
 673,662 .... value 
 
 303,380 
 
 population and wealth 
 
 not only 
 
 ber of live stock in the state according to the United 
 States Census of 1910 is : — 
 
 Cattle .... 
 Horses and mules 
 Sheep .... 
 Swine .... 
 Poultry. . . . 
 
 As the state 
 
 will the number of live stock increase, but the quality will 
 greatly improve. Diseases prevail to a considerable extent 
 among animals. Many of these diseases are contagious 
 or infectious, and once started, if not properly controlled, 
 may spread over the entire state. Diseased animals im- 
 ported from other states, if not properly quarantined, will 
 transmit diseases to the local herds. Furthermore, certain 
 diseases may be communicated from animals to human 
 beings. In order to prevent such a loss the state has 
 created the office of state veterinarian, whose duty it is to 
 protect the health of the domestic animals by investigating 
 the causes and cases of disease, and applying the best- 
 known preventative. He has authority to establish quar- 
 antine regulations and, if necessary, to destroy diseased 
 animals. It is essential to the welfare of an agricultural 
 state that the person appointed to the office of state vet- 
 erinarian should be well qualified for the work and thor- 
 oughly capable, for extensive interests are at stake. He 
 is appointed by the joint action of the governor and the 
 board of the Agricultural College of Utah for a term of 
 two years. 
 
 State Boards 
 
 State Board of Accountancy. — There is a growing de- 
 mand for expert accountants to examine and audit public 
 
74 CIVIL GOVERNMENT OF UTAH 
 
 accounts, and likewise the books and conditions of private 
 business. So that those seeking such help may be able to 
 select it properly, the state has established a state board 
 of accountancy, whose duty it is to give examinations and 
 issue certificates to the successful candidates as certified 
 public accountants. Term of office four years. 
 
 Board of Trustees of Agricultural College of Utah. — The 
 Agricultural College of Utah was established to promote 
 industrial education. It is governed by a board. The 
 Board of Trustees of the Agricultural College consists of 
 thirteen members, who are appointed for four years and 
 serve without pay. It is the governing body of the col- 
 lege, and selects the president of the faculty and, upon 
 his recommendation, the members of the faculty. 
 
 Board of Architecture. — The board of architecture con- 
 sists of five members. In order to be eligible for appoint- 
 ment the candidates must have practiced in the state five 
 years. The duties of the board are to prescribe rules gov- 
 erning the practice of architecture and provide examina- 
 tions for those entering the profession. Term of office, six 
 years. 
 
 Utah Art Board. — All civilized people attempt to foster 
 the fine arts because it helps to develop man's finer feel- 
 ings. The Utah Art Board consists of seven members 
 appointed for a term of four years to serve without pav. 
 Four of the members must be artists. The board is au- 
 thorized to offer prizes, give lectures and exhibitions, and 
 encourage art in every way possible. There is usually 
 appropriated $1000 to defray expenses. 
 
 Board of Barbers. — The Board of Barbers consists of 
 three qualified barbers appointed for a term of three years, 
 whose duty it is to examine all barbers in the state and to 
 issue certificates to those found qualified to carry on the 
 
STATE BOARDS 75 
 
 barber business. The aim from the standpoint of the 
 state in providing such an examination is to secure cleanli- 
 ness and to prevent the spread of infectious diseases. 
 
 Capitol Commission. — The Capitol Commission consists 
 of seven members : the governor, the secretary of state, 
 the attorney-general, and four members appointed by the 
 governor. Its duties are to secure plans and to have super- 
 vision over the construction of the capitol building. 
 
 Conservation Commission. — The Conservation Commis- 
 sion consists of eight members, appointed by the governor. 
 The governor is ex-officio member and chairman. Its 
 duties are to conserve the natural resources of the state, 
 to collect statistics pertaining to these resources ; and to 
 cooperate with the National Conservation Commission and 
 similar bodies from other states. The term of office is 
 four years. 
 
 Board of Correction. — The Board of Correction consists 
 of the governor and two members appointed by him for a 
 term of four years. Both of the appointees cannot be- 
 long to the same political party. This board is charged 
 with the control and management of the state prison and, 
 in connection with the warden of the state prison and the 
 state road commission, with the control of prison labor 
 upon the public highways. 
 
 State Dairy and Food Bureau. — In order to formulate 
 and prescribe rules governing the operation of creameries, 
 dairies, slaughter houses, confectioneries, bakeries, hotels, 
 fruit and vegetable canneries, etc., the legislature has 
 created a Dairy and Food Bureau, consisting of the state 
 chemist, the dairy and food commissioner, and three mem- 
 bers appointed by the governor. It has power to prescribe 
 such rules as will provide for sanitary food supplies. The 
 term of office is three years. 
 
76 CIVIL GOVERNMENT OF UTAH 
 
 School for the Deaf and Blind. — Modern society has done 
 much for those unfortunates who are defective in sight, 
 hearing, or speech. The aim is to prepare them, as far as 
 possible, to enjoy life and to care for themselves. The 
 governing board of the School for the Deaf and Blind lo- 
 cated at Ogden consists of five trustees appointed for a 
 term of six years. 
 
 Dental Board. — Dentistry has become a very important 
 science, and the public should be protected from unquali- 
 fied persons who attempt to practice. For this purpose it 
 is necessary that all practicing dentists should be examined 
 and licensed by the State Dental Board, which consists of 
 five members appointed for a term of four years. 
 
 State Board of Education. — In modern society the train- 
 ing of the mind has become a distinct function of the state. 
 The State Board of Education consists of five members : 
 the state superintendent of public instruction, the president 
 of the University of Utah, the president of the Agricultural 
 College of Utah, and two persons appointed for a term of 
 four years. The members serve without salary, except 
 their actual traveling expenses. The law gives the body 
 general supervision and control of the high and common 
 schools of the state. It grants diplomas and certificates to 
 teachers ; prepares questions for the examinations of teach- 
 ers ; appoints examiners ; and prepares courses of study 
 for the common schools and the high schools. Cities of 
 the first and second class are allowed to prepare their own 
 courses of study for the common schools. Its chief con- 
 trol over the school system of the state is in determining 
 the qualifications of teachers, and in the preparation of a 
 course of study. If boards of education employ teachers 
 not properly certificated, or high schools ignore the course 
 of study, they lose their share of the state school fund. 
 
STATE BOARDS 77 
 
 It is also made Library-Gymnasium Commission for the 
 state with power to appoint a secretary. 
 
 The library movement has taken a firm hold in almost 
 all of the older states and also in many of the newer ones. 
 The purpose back of the effort is to provide plenty of good, 
 wholesome reading matter of a vocational and cultural 
 nature to all the citizens of the states. Of equal impor- 
 tance is the gymnasium. It aims to provide the boys and 
 girls with plenty of good, wholesome recreation. In this 
 state the two movements were placed under one head and 
 they equally merit the hearty, active support of the state. 
 
 State Board of Equalization. — In the state there are 
 twenty-seven counties, each with its own assessor. Each 
 assessor has several deputies. With so many persons fix- 
 ing the value of property, for tax purposes, it is only to be 
 expected that the valuation would not only vary from in- 
 dividual to individual, but from town to town and from 
 county to county. To correct the inequalities between in- 
 dividuals and towns is the duty of the county commis- 
 sioners acting as a board of equalization. But to equalize 
 the differences between counties, four persons are appointed 
 for a term of four years, not more than two of whom may 
 belong to the same political party, to be known as the 
 Board of Equalization. 
 
 It is the duty of the Board of Equalization to prescribe 
 rules and forms for the assessment of property by county 
 officials, to equalize levies between counties, to assess all 
 franchises, railroads, express companies, street cars, tele- 
 graph, telephone, electric light, pipe line, and power com- 
 panies operating in more than one county in the state and 
 apportion the assessment among the counties where the 
 plants are located. 
 
 Board of Examiners. — Each year the state pays out 
 
78 CIVIL GOVERNMENT OF UTAH 
 
 large sums of money for various public purposes. It is, 
 therefore, proper that somebody should be required to 
 pass upon the legality and justice of each claim. So the 
 state constitution provides that the governor, the secretary 
 of state, and the attorney-general shall constitute a Board 
 of Examiners. No claim against the state except for 
 salaries and other compensation fixed by law, can be passed 
 by the legislature until it has been considered and acted 
 upon by the Board of Examiners. If necessary, this body 
 can compel the attendance of witnesses and exercise other 
 extensive powers. When the legislature is not in session, 
 an emergency requiring additional funds may arise in any 
 department or institution of the state. Under such cir- 
 cumstances the Board of Examiners has authority to allow 
 a department or institution to create a deficit. It is also 
 empowered to purchase supplies for the several offices and 
 for the sessions of the legislature. 
 
 State Fair. — To promote animal husbandry, agriculture, 
 horticulture, mining and manufacturing, the legislature 
 passed a law creating the State Fair Association. It holds 
 an annual fair in Salt Lake City. Its revenues are derived 
 partly from fees and partly from state aid. The governing 
 board consists of fifteen directors appointed by the gov- 
 ernor for a term of four years. 
 
 The State Board of Health. - The State Board of Health 
 consists of seven members appointed for a term of seven 
 years, one retiring each year. A majority of the members 
 must be physicians in good standing and graduates of good 
 medical colleges and one a civil engineer. All members 
 serve without pay save their traveling expenses when on 
 public business, except the secretary, who receives a 
 salary. The board has general supervision of the health 
 interests of the citizens of the entire state with respect 
 
STATE BOARDS 79 
 
 to a study of vital statistics, quarantine regulations, and 
 sanitary conditions. 
 
 Horticultural Commission. — The duties of the Horticul- 
 tural Commission are to have general supervision over the 
 orchards of the state and to prescribe rules for the control 
 of insects and diseases injurious to fruit production. The 
 Commission comprises three members, one of whom is 
 designated by the governor as horticultural inspector. 
 Term, two years. 
 
 Industrial School. — Some youths are physically defective, 
 but others are sadly in need of moral training. The state 
 feels that it is easier to supply it than to allow the boys 
 and girls to grow up defective in the essential elements of 
 good character. For this purpose the Industrial School 
 was established at Ogclen. It is governed and controlled 
 by a board of seven trustees, which consists of the attorney- 
 general, superintendent of public instruction, and five others 
 appointed for the term of four years. 
 
 Board of Insanity. — The Board of Insanity consists of 
 the governor, state treasurer, and state auditor. It controls 
 the State Mental Hospital or Insane Asylum at Provo. 
 The members receive their actual traveling expenses. 
 
 Board of Labor. — The Board of Labor consists of three 
 persons, one an employer, one an employee who is a mem- 
 ber of a labor organization, and one who is neither an 
 employee nor an employer of physical labor, each appointed 
 for a term of four years. In all cases of threatened strikes, 
 lockouts, or labor troubles, it is the duty of the board to 
 attempt to conciliate, mediate, or arbitrate the difference 
 between the disputants. The members receive $4 a day 
 for each day of actual service, to be paid by the parties of 
 the controversy. 
 
 State Board of Land Commissioners. — An important body 
 
80 CIVIL GOVERNMENT OF UTAH 
 
 upon which rests great financial responsibility is the State 
 Board of Land Commissioners. The enabling act by 
 Congress which permitted Utah to enter the Union granted 
 the new state large concessions of land for public purposes. 
 The common schools were given the second, sixteenth, 
 thirty-second, and thirty-sixth sections in every township in 
 the state except in national parks and Indian Reservations. 
 In case these lands had been disposed of by the govern- 
 ment, the state was allowed to select other lands in their 
 place. Thus 6,016,000 acres were in this way reserved for 
 the common schools. The University of Utah was granted 
 110,000; the Agricultural College, 200,000; the Mental 
 Hospital, 100,000 ; the School of Mines, 100,000 ; the 
 School for the Deaf and Blind, 200,000 ; the Industrial 
 School, 100,000 ; and the Normal School, 100,000 acres. 
 
 These lands were to be sold and the permanent funds 
 derived therefrom safely invested. The respective institu- 
 tions were to receive only the income for maintenance. In 
 addition to the foregoing the state is to receive five per 
 cent of the net proceeds of the sales of public lands bv the 
 federal government until all the public lands are sold. 
 This is likewise to remain a permanent fund, the interest 
 of which is to be used for the common schools. 
 
 The institutions enjoying these benefits must forever re- 
 main under the exclusive control of the state and be free 
 from sectarianism. 
 
 For the purpose of assisting in the erection of a state 
 capitol sixty-four thousand acres were granted and to erect 
 a miners' hospital fifty thousand acres. The lands have 
 almost all been sold and the proceeds invested in bonds, 
 farm loans, and various other forms of investment. 
 
 The control and sale of these lands and the investment 
 of the funds is the duty of the State Board of Land Com- 
 
STATE BOARDS 8 I 
 
 missioners. The commission consists of five members ap- 
 pointed for a term of two years each. Each member is 
 paid the same salary with the exception of the secretary, 
 who is also a member and receives more. His bond is 
 heavy, being $500,000, because he is the custodian of the 
 large sums, as already indicated. 
 
 Loan Commission. — The Loan Commission consists of 
 the governor, secretary of state, and the attorney-general. 
 Its duty is to pay the state bonds when funds are provided. 
 No salary is attached to this office. 
 
 Commission for Uniformity of Legislation. — The interests 
 of the states of the Union are so much alike that it is de- 
 sirable to have many of the laws similarly drawn. It pro- 
 motes justice and makes the enforcement so much easier. 
 To bring this about the governor is authorized to appoint 
 a commission of three to act with similar commissions from 
 other states. The term is two years. 
 
 Board of Medical Examiners. — The profession of medi- 
 cine, if practiced by persons who possess a knowledge of 
 the subject, and the proper moral standards, is capable of 
 doing much good by healing the sick and relieving the 
 suffering. Unqualified persons should not be allowed to 
 treat any human being, for they are capable of doing great 
 injury. 
 
 The Board of Medical Examiners consists of nine per- 
 sons, licensed, graduate practitioners of medicine in the 
 state, appointed for a term of two years. It is the duty of 
 the board to examine all candidates who desire to practice 
 medicine and, if they are successful, to issue them a certifi- 
 cate to practice. The board has power to revoke certificates 
 for unprofessional conduct and to take steps to have a 
 court prohibit persons practicing medicine, surgery, or 
 obstetrics within the state contrary to law. 
 
82 CIVIL GOVERNMENT OE UTAH 
 
 Notaries Public. — Notaries Public are appointed by the 
 governor for a term of four years. They have authority 
 during their terms within the state to acknowledge deeds 
 and other documents. Their authority when exercised 
 within the state is ordinarily given official recognition in 
 other states. 
 
 Board of Optometry. — The Board of Optometry consists 
 of three members appointed for a term of two years. One 
 must be a graduate physician and two-regular oculists who 
 have practiced in the state for five years. The board has 
 power to prescribe examinations, grant certificates to those 
 properly qualified, and to revoke certificates for immoral 
 or unprofessional conduct or for incompetency. 
 
 Board of Pardons. — Many men make mistakes and 
 commit crimes, but when detected, they begin to realize 
 their position and want to reform and do right. Often 
 they do not wait until they are out of the state prison, but 
 become model prisoners. In such cases most people feel 
 that it is only fair to consider their cases and if they seem 
 honest, to give them another chance. For this purpose 
 the state has established a Board of Pardons. In most 
 states this duty devolves on the governor. The governor, 
 justices of the supreme court, and the attornev-general 
 constitute the Board of Pardons, whose dutv it is, upon 
 such conditions as they deem proper, to remit fines, to 
 commute punishments and to grant paroles and pardons 
 except for treason and impeachment. No commutation, 
 parole, or pardon can take place except after a full hearing 
 before the board in open session. 
 
 Board of Park Commissioners. — The Board of Park 
 Commissioners consists of the governor and two appointed 
 members. Its duty is to manage and control any lands 
 owned or set aside by the state for park purposes. 
 
STATE BOARDS 83 
 
 State Board of Pharmacy. — In the preparation of 
 medicine considerable training and skill is necessary. 
 Besides, a great responsibility rests upon those who com- 
 pound powerful drugs for human consumption. The State 
 Board of Pharmacy consists of five persons appointed for 
 a term of five years. It is so arranged that one retires 
 each year. They must be well-qualified pharmacists. 
 The duty of the board is to examine and issue certificates 
 to trained pharmacists. The salary is $5 a day for actual 
 services and also expenses. 
 
 State Road Commission. — The development of a good 
 system of transportation has tremendous bearing on the 
 social development of a community or state. It opens up 
 the way for the country boy or girl, more easily to get an 
 education ; it makes the church more accessible to the 
 country dwellers, and it retards congestion in cities ; and 
 it makes the country a place desirable to live in. 
 
 To encourage road building and to oversee and provide 
 for the proper construction, the legislature has created a 
 State Road Commission, which consists of the governor, 
 the state engineer, the state treasurer, a member of the 
 faculty of the Agricultural College, and a member of the 
 faculty of the University of Utah. The commission has 
 power to select state roads ; to direct the expenditure of all 
 state appropriations ; to furnish plans and specifications for 
 permanent road construction ; and to prepare a manual on 
 road building. In addition the state has granted annually 
 considerable sums to assist each county in road construction. 
 
 Board of Sheep Commissioners. — The Board of Sheep 
 Commissioners consists of three experienced wool growers 
 appointed for a term of four years at a salary of $500 each. 
 Its duty relates to the control and the suppression of dis- 
 eases among the sheep of the state. It has power to ap- 
 
84 CIVIL GOVERNMENT OF UTAH 
 
 point inspectors to visit the flocks, and to give proper 
 instructions to the flockmasters of the state. 
 
 Board of Regents of the University of Utah. — The Uni- 
 versity was established to promote higher learning. The 
 Board of Regents consists of twelve members appointed 
 for a term of four years and to serve without pay. It is 
 the governing body of the university, selects the president 
 of the faculty and, upon his recommendation, the members 
 of the faculty. The secretary of state and the president of 
 the faculty are cx-officio members of the board. 
 
 Board of Veterinary Medical Examiners. — The Board of 
 Veterinary Medical Examiners consists of three persons. 
 The duties of the board consist in giving examinations and 
 in issuing certificates to successful candidates to practice 
 veterinary medicine in the state. The members must be 
 qualified veterinarians. Term, three years. 
 
 QUESTIONS 
 
 1. Should we elect or appoint officials ? 
 
 2. When would you elect and when appoint ? 
 
 3. Should the governor have the power to remove a person who 
 fails to perform his duty ? 
 
 4. Why is a bank examiner necessary ? 
 
 5. How can the state chemist assist the dairy and food commis- 
 sioner in his work ? 
 
 6. Why is it more necessary to conserve the water here than in 
 New York ? 
 
 7. Is the fish and game preserved in this state as an industry or as 
 a sport ? 
 
 8. How do diseased animals affect human health ? 
 
 9. Why is it necessary to have a coal mine inspector ? 
 
 10. What should be the qualifications of the state superintendent 
 of public instruction ? 
 
 12. Should the taxes lie equally levied all over the state ? 
 
 13. Why should doctors lie required to pass a rigid examination ? 
 
 14. What are the advantages of good roads to farm boys and girls ? 
 
CHAPTER V 
 COUNTY GOVERNMENT 
 
 The county is not, like the state, an independent political 
 unit, but it is merely a subdivision of the state and subject 
 to its control. In Utah there are twenty-seven counties. 
 The subdivisions are responsible to a large extent for the 
 enforcement of the state laws. The state legislature 
 passes laws which apply to the whole state, but the county 
 attorney, the sheriff, and other county officials are fre- 
 quently charged with enforcing them. Formerly, the 
 sheriff was appointed by the king or the governor and 
 when he did not enforce the laws, the king or governor 
 could remove him. Now, however, he is elected by the 
 people of the county and is not directly responsible to the 
 chief executive of the state. The result is that the legisla- 
 ture has found it necessary to provide for inspectors to en- 
 force the state laws, i.e. as dairy and food inspector, sheep 
 inspector, and others. This condition is not peculiar to 
 our state, but is common to most of the states of the 
 Union. As already stated the county officers serve in a 
 double capacity in the enforcement of state laws and regu- 
 lations, and as agents of the people of the county in the 
 performance of such duties as are required of them. The 
 county commissioners, to a limited extent, may make rules 
 and regulations in the nature of legislation, for example, 
 rules governing the use of roads and bridges, the control 
 of saloons in the county, etc. This, however, can be 
 exercised only when specifically granted by the legislature. 
 
 S5 
 
86 CIVIL GOVERNMENT OF UTAH 
 
 The sheriff, as a rule, is required to enforce state laws and 
 also required to carry out local regulations. 
 
 Counties and County Officers. — The number of counties and 
 the different officers and the authority of the county officers 
 have been created by the constitution and the laws of the 
 state. The constitution fixes the boundaries of the several 
 counties and provides that, " No territory shall be stricken 
 from any county unless a majority of the voters living on 
 such territory, as well as the county to which it is to be an- 
 nexed, shall vote therefor, then only on such conditions as 
 shall be prescribed by general law." There arc now 
 twenty-seven counties, and there has been no change since 
 1896. 
 
 The county seat is the seat of government of the county. 
 The county courthouse, jail, and other public buildings are 
 located there. It is also the place where the public 
 officials transact the business of the county. When the 
 territory of Utah became a state, the county seats had been 
 located, and the constitution recognized the existing loca- 
 tions. It was also provided that whenever a change was 
 wanted, a majority of the qualified voters of the county 
 could petition the county commissioners, who would submit 
 the question to the voters at the next general election, and 
 if two thirds of the voters decided in favor of a new 
 county seat, a removal would take place. 
 
 County officers are either elected or appointed. The fol- 
 lowing officers are elected for a term of two or four years : 
 county commissioners, for a term of two or four years; the 
 sheriff, treasurer, clerk, auditor, recorder, attorney, asses- 
 sor, surveyor, and superintendent of schools lor a term of 
 two years. In consolidated county school districts the super- 
 intendent is elected by the county school board. And in 
 a county with an assessed valuation below $jo, 000,000, 
 
COUNTY GOVERNMENT 
 
 87 
 
 the clerk is ex-officio county auditor and is required to per- 
 form the duties of such office without additional pay. 
 
 The county district health officers, the commissioner of 
 the poor, county fish and game warden, the sheep in- 
 spector, tree inspector, bee inspector, registers of births 
 and deaths, judges of election, precinct road supervisors, 
 are all appointed by the county commissioners and are 
 expected to work under their direction. 
 
 All elective officers take office at noon on the first Mon- 
 day in January, the appointive officers upon appointment 
 by the commissioners. Deputies in the several offices may 
 be appointed at any time when needed and in such num- 
 bers as the work may require. Vacancies occurring in 
 either the elective or the appointive offices of the county 
 are filled by the commissioners until the next general 
 election. The law requires the county commissioners to 
 fix the salary of the officers to be elected at least three 
 months prior to the election at which they are to be chosen. 
 Once fixed, they cannot be changed during the term of 
 office. The counties are classified according to the as- 
 sessed valuations and the maximum fixed by law. 
 
 
 
 
 
 
 1 Class 
 
 2 Class 
 
 3 Class 
 
 4 Class 
 
 5 Class 
 
 $20,000,000 
 
 or 
 
 over 
 
 $15,000,000 
 
 to 
 
 $20,000,000 
 
 $ r 0,000,000 
 
 to 
 $15,000,000 
 
 $8,000,000 
 
 to 
 
 $10,000,000 
 
 $7,000,000 
 
 to 
 $8,000,000 
 
 
 6 Class 
 
 7 Class 
 
 K Class 
 
 9 Class 
 
 10 Class 
 
 $6,000,000 
 
 to 
 $7,000,000 
 
 $5,000,000 
 
 to 
 $6,000,000 
 
 $4,000,000 
 
 to 
 
 $5,000,000 
 
 $3.0CO,000 
 
 to 
 
 $4,000,000 
 
 $2,000,000 
 to 
 
 $3,000,000 
 
88 
 
 CIVIL GOVERNMENT OF UTAH 
 
 11 Class 
 
 12 Class 
 $1,000,000 
 
 to 
 
 $r, 300,000 
 
 13 Class 
 $600,000 
 
 to 
 
 $1,000,000 
 
 14 Class 
 
 15 Class 
 
 $1,300,000 
 
 to 
 $2,000,000 
 
 $300,000 
 
 to 
 
 $600,000 
 
 $300,000 
 or . 
 less 
 
 The salaries of the county officers may be fixed in any 
 amounts, but not to exceed the following limits set by 
 law : — 
 
 Classes 
 
 1 
 
 3 
 
 3 
 
 4 
 
 5 
 
 « 
 
 7 
 
 Commissioner . 
 
 $2500 
 
 $700 
 
 $600 
 
 $500 
 
 $500 
 
 $45° 
 
 S450 
 
 Sheriff .... 
 
 35°o 
 
 1800 
 
 1500 
 
 1500 
 
 1400 
 
 1300 
 
 1300 
 
 Assessor 
 
 2400 
 
 1800 
 
 1000 
 
 1 00c 
 
 900 
 
 850 
 
 Soo 
 
 Clerk .... 
 
 3200 
 
 1800 
 
 1500 
 
 1500 
 
 1400 
 
 1300 
 
 1300 
 
 Recorder 
 
 2650 
 
 1800 
 
 1500 
 
 1500 
 
 I 150 
 
 1 100 
 
 1050 
 
 Treasurer . 
 
 33°o 
 
 1800 
 
 1500 
 
 1500 
 
 1400 
 
 1300 
 
 1300 
 
 Attorney 
 
 33°o 
 
 1S00 
 
 1500 
 
 1500 
 
 I IOO 
 
 1000 
 
 1000 
 
 Supt. of Schools . 
 
 2000 
 
 1200 
 
 1200 
 
 1000 
 
 I coo 
 
 IOCO 
 
 1000 
 
 Surveyor 
 
 2000 
 
 1000 
 
 1000 
 
 500 
 
 400 
 
 400 
 
 35° 
 
 Auditor .... 
 
 2400 
 
 
 
 
 
 
 
 
 8 
 
 9 
 
 10 
 
 11 
 
 $ 200 
 
 la 
 
 13 
 
 11 
 
 15 
 
 Commissioner 
 
 $ 45° 
 
 $ 300 
 
 $ 300 
 
 $ 200 
 
 t .5° 
 
 $100 
 
 $IOO 
 
 Sheriff . . 
 
 1300 
 
 1250 
 
 12^0 
 
 1200 
 
 1200 
 
 Soo 
 
 75° 
 
 400 
 
 Assessor . . 
 
 800 
 
 750 
 
 750 
 
 750 
 
 600 
 
 400 
 
 300 
 
 300 
 
 Clerk . . . 
 
 1300 
 
 1300 
 
 1000 
 
 1200 
 
 1000 
 
 800 
 
 75° 
 
 500 
 
 Recorder . 
 
 1000 
 
 1200 
 
 1000 
 
 1 200 
 
 900 
 
 75° 
 
 55° 
 
 400 
 
 Treasurer . 
 
 1300 
 
 1000 
 
 9000 
 
 800 
 
 600 
 
 500 
 
 400 
 
 250 
 
 Attorney . 
 
 1000 
 
 800 
 
 800 
 
 800 
 
 700 
 
 600 
 
 400 
 
 400 
 
 Supt. Schools 
 
 1000 
 
 1000 
 
 1000 
 
 1000 
 
 1000 
 
 1000 
 
 500 
 
 500 
 
 Surveyor . 
 
 35o 
 
 35° 
 
 35° 
 
 3>o 
 
 35° 
 
 35° 
 
 35° 
 
 35° 
 
 Auditor 
 
 
 
 
 
 
 
 
 
COUNTY GOVERNMENT 89 
 
 Board of County Commissioners. — The members of the 
 Board of County Commissioners, three in number, are 
 elected part for a term of two years, and part for a term 
 of four years. The terms of the different members are 
 so arranged that they do not all expire at the same time. 
 The object of this arrangement is to prevent the members 
 all retiring at once, and allowing the board to be composed 
 entirely of new men who know nothing of the county's 
 affairs, for they form a board of management for the 
 county's business. The salaries for these men are fixed 
 for the term before they enter office in accordance with 
 the schedule passed by law. The board elects one of its 
 members chairman and the presence of two members is 
 required to constitute a quorum to do business. In case 
 of a vacancy occurring in the board by death or resigna- 
 tion, the place is filled by election by the other two mem- 
 bers. If they fail to act within the thirty days, it becomes 
 the duty of the governor, upon notification by the county 
 clerk, to fill the vacancy. The law requires regular meet- 
 ings to be held and special meetings may be called, upon 
 five days' notice, by the chairman or by a majority of the 
 board. All meetings must be public. A complete record 
 must be kept which is, at all times, open to public inspec- 
 tion. In case of a violation of the law or a failure to per- 
 form their duties upon the part of the other officials of 
 the county, the commissioners are to direct the necessary 
 prosecutions for delinquencies. At least every six months 
 they are required to audit the accounts of all county offi- 
 cers having in charge the keeping or disbursement of pub- 
 lic moneys. Their duties include the power to allow all 
 bills properly chargeable against the county and to issue 
 licenses for the regulation of every kind of business not 
 contrary to law, except in incorporated cities. 
 
go CIVIL GOVERNMENT OF UTAH 
 
 They are the guardians of the affairs of the county. 
 They possess not only administrative authority, but legis- 
 lative power within the limits prescribed by state law. 
 They have authority governing elections ; to establish, 
 to abolish, and to change election districts ; to appoint 
 inspectors and judges of elections ; to canvass returns; and 
 to order the county clerk to issue certificates of election to 
 those receiving a majority of the votes cast. Their work 
 of supervision extends to all county and precinct officers to 
 see that they faithfully perform their duties ; and to fix 
 the rate of license tax ; to provide for the destruction of 
 injurious animals or weeds; to protect the game and fish; 
 to provide work for prisoners ; to inspect the measurement 
 and weight of merchandise ; to adopt rules and regulations 
 governing the storage of explosives ; to provide for the exam- 
 ination of persons in charge of stationary engines or steam 
 generators, boilers or apparatus ; to lay out, maintain, 
 regulate, control, erect, and manage public roads, turn- 
 pikes, ferries, and bridges within the county, outside of 
 incorporated cities; to grant franchises along and over 
 public roads and highways for all lawful purposes for 
 periods not to exceed fifty years ; to purchase property and 
 water rights for county purposes ; to erect, repair, rebuild, 
 or furnish a courthouse, jail, hospital, and all other neces- 
 sary public buildings ; to levy taxes for the support of the 
 schools, for the care of the poor, for the maintenance of 
 roads, for the payment of interest, and for other general 
 county purposes, but only within the limits set by law. 
 
 The commissioners act as a board of equalization to 
 adjust and equalize the assessment of property within the 
 county. It may increase or decrease the assessed valuation 
 of any property which it regards as improperly or incor- 
 rectly assessed. It also has authority to remit the taxes of 
 
COUNTY GOVERNMENT 91 
 
 insane, idiotic, infirm, or indigent persons to an amount not 
 exceeding ten dollars. These changes and acts should be 
 made after a very careful investigation. 
 
 County Treasurer. — The county treasurer is elected by 
 the voters of the county for a term of two years. His 
 salary is fixed by the commissioners according to the class 
 of the county and the schedule provided by law. His 
 duties are: to receive all moneys belonging to the county 
 and to keep safely the same until ordered to pay them out ; 
 to keep an accurate account of the receipts and disburse- 
 ments of all funds received ; to pay all warrants when 
 properly presented, if there is money in the treasury ; if 
 there is no money, to register the warrants and to pay them 
 in their order with five per cent interest when there are 
 funds in the treasury ; to make a detailed statement to the 
 county commissioners when requested by them to do so. 
 He is not allowed to lend public money and may be 
 suspended from office by the Board of County Commis- 
 sioners pending an action brought against him for mis- 
 conduct. 
 
 Sheriff. — The sheriff is the peace officer of the county. 
 He is supposed to enforce the laws of the state, something 
 he does not always do. Hence the appointment of inspec- 
 tors by the governor of the state to see that certain laws 
 are obeyed. The law requires him in addition to the duties 
 already specified to attend in person or by deputy all ses- 
 sions of the district courts; to have charge of the jail and 
 the prisoners in it ; to serve writs, summons, and orders of 
 court. In all cases where the sheriff is prevented by rela- 
 tionship or property rights from being unprejudiced, the 
 work is to be done by a constable. His term of office is 
 two years and his salary, within the schedule, is fixed by 
 the commissioners. 
 
02 CIVIL GOVERNMENT OF UTAH 
 
 County Clerk. — The county clerk is the bookkeeper of 
 the county. He is elected for two years. The law makes 
 him ex-officio clerk of the district court and also clerk of 
 the Board of County Commissioners. His duties require 
 that he keep an official record of every business transaction 
 of the county and carefully file all papers, books, and 
 records which pertain to public affairs ; to issue all writs or 
 summons; to record all judgments or decrees of the courts; 
 to keep a record of all lawsuits; to record in a minute 
 book the daily acts of the court; to make record of all fees 
 received ; to make a record of the names of all candidates 
 for citizenship ; to make a list of all witnesses and jurors; 
 to administer oaths ; to make a proper record of probate 
 business and the appointment of guardians ; to keep the 
 names of all notaries public in the county ; to issue licenses 
 for marriages and deaths and to issue a certificate of elec- 
 tion to county officers. His salary is fixed by the county 
 commissioners. 
 
 County Auditor. — The county auditor is elected for a 
 term of two years and at a salary fixed by the county com- 
 missioners. In all counties, except counties possessing 
 over twenty million of property according to the last 
 assessment, the county clerk is ex-officio county auditor. 
 The duty of the auditor is to examine all claims, bills, and 
 accounts or charges against the county and to present a 
 report on the same to the county commissioners at the 
 next regular meeting; to examine all claims of the county 
 against individuals and report on them to the commis- 
 sioners; to draw all warrants upon the county treasurer 
 in satisfaction of the properly allowed claims against the 
 county; to keep a set of hooks showing the receipts and 
 disbursements of the county; to examine the books and 
 accounts of all the county officials each month; to pub- 
 
COUNTY GOVERNMENT 93 
 
 lish a detailed statement annually of the condition of the 
 county business. The real object of the office of auditor 
 is to see that all moneys of the county are properly and 
 legally spent and he is supposed to stop all illegal expend- 
 itures ; and if the auditor does his duty faithfully, it would 
 be impossible for any official to expend or use the people's 
 money unlawfully or to overdraw any fund. For when the 
 moneys in any fund were all expended, the auditor would 
 refuse to approve the claim for payment at that time. The 
 special office of the auditor is to see that moneys are not 
 misappropriated. If he fails to attend to this, he fails to 
 do his duty. 
 
 County Recorder. — The county recorder is elected for a 
 term of two years. The law requires the recorder to 
 make a record of all papers and documents in books pro- 
 vided for that purpose by the county. The recorder must 
 properly record all deeds and mortgages upon land, plats of 
 town sites, and cemeteries after proper approval, wills and 
 divisions of estates after they have passed through probate. 
 
 When you record any document, it is taken as a means 
 of serving notice upon all concerned that you claim an in- 
 terest in the property. If a deed is properly recorded, it 
 is a notice to every one that you claim an interest in the 
 land. If it were not recorded and a second deed was given, 
 you may lose your title. Again, it is a means of security. 
 If the original papers are lost or destroyed before they are 
 recorded, it may cause trouble and perhaps a lawsuit to 
 secure a safe title again. Frequently in case of such neg- 
 lect it is impossible to secure a title at any price. The 
 parties concerned may be dead. In case a man should 
 give two deeds to the same piece of land, the person who 
 filed his first in the office of the recorder would ordinarily 
 be held to be the owner of the land. 
 
94 
 
 CIVIL GOVERNMENT OF UTAH 
 
 County Attorney. — The county attorney is elected for a 
 term of two years at a salary fixed by the county commis- 
 sioners. The duties of his office require that he prosecute 
 all offenders against the laws of the state within the 
 county, in the justices courts. When the cases pass to 
 the district court, they come under the charge of the dis- 
 trict attorney. 
 
 Whenever persons commit crime, it becomes the duty of 
 the county attorney to file complaints against them and to 
 appear before them in the justices court and see that the 
 trial is properly carried on or prosecuted. If persons 
 enter suits against the county, it is the county attorney's 
 duty to appear in court to defend the county's interest. 
 Laws are also difficult many times to understand — it is often 
 impossible for the public officials to properly comprehend 
 them. The county attorney is to advise them as to the cor- 
 rect meaning of the laws and their legal duties under the 
 law. He is, however, under no obligation to give advice to 
 private citizens in regard to their rights or private business. 
 
 County Surveyor. — The county surveyor is elected for a 
 term of two years and serves at a salary set bv the county 
 commissioners. His duties are to make any surveys re- 
 quired by the Board of County Commissioners for public 
 purposes. He may also do private work, but whether the 
 work is public or private, he must make and keep a correct 
 record of all the surveys made, and there must be maps, 
 charts, and field notes kept on file in the office subject to 
 inspection. Copies of any survey must be furnished upon 
 request and the payment of the proper fees. Private work 
 must be paid for by the persons having it done. 
 
 County Assessor. — The county assessor is elected for a 
 term of two years al a salary set by the county commis- 
 sioners, livery government needs money to pay its ex- 
 
COUNTY GOVERNMENT 95 
 
 penses and there is only one source, and that is the people, 
 or rather the property. It is the duty of the assessor to 
 find all the property he can and properly value it. The 
 duty of the county assessor is a very important one. If 
 people are allowed to report only a part of their property 
 and thereby evade taxation, or if one man's property is 
 valued more highly than another's in proportion to what he 
 possesses, it is manifestly unjust. It is his duty to see that 
 every man is fully and equally taxed in proportion to his 
 property. If this is not done, each man does not bear a 
 fair share of the support of the schools, the roads, and 
 other affairs of the state. A good tax official of honesty, 
 ability, and integrity is of great value to the public and is 
 seldom appreciated by the public. To do his duty well is 
 not easy. 
 
 County Superintendent of Schools. — In consolidated dis- 
 tricts the superintendents are elected by the County Board 
 of Education, but in the other counties they are elected 
 by the voters at the general election. The salary is 
 fixed by the county commissioners except in consolidated 
 districts where the Board of Education sets it. Their 
 duties will be dealt with in the chapter on Public Educa- 
 tion. 
 
 County Boards of Health. — Modern sanitation has taught 
 us that if the communities are to be healthy, the cities, 
 towns, and villages must be kept clean. The time was 
 when personal cleanliness was considered sufficient for 
 health ; now we know that it is just as essential to health 
 that school and meeting houses be kept clean and have a 
 liberal supply of fresh air ; that a pure supply of water be 
 provided and that every reasonable means be taken to pre- 
 vent the spread of infectious diseases. We are our broth- 
 er's keeper. For the purpose of overseeing the health 
 
96 CIVIL GOVERNMENT OF UTAH 
 
 conditions, the county commissioners are authorized to 
 appoint a county physician to care for the indigent sick, 
 and also to divide the county into districts and appoint for 
 each district a health officer, who shall be, when practicable, 
 a graduate physician of a good medical school. Such dis- 
 trict health officers together with the Board of County 
 Commissioners constitute the County Board of Health. 
 
 Boards of health have authority to order nuisances 
 abated and filth removed. It is the duty of boards of 
 health to be on the watch for nuisances which breed dis- 
 ease and to have them cleared away before illness occurs. 
 If a contagious or infectious disease does break out, it 
 becomes the duty of the health board to quarantine the in- 
 fected persons and properly disinfect the premises. 
 
 Upon the diligence of the health board and the observ- 
 ance of the rules laid down by it, depend, in a large measure, 
 the health of the community. Pure water and the ob- 
 servance of proper sanitary regulations contribute greatly 
 to good health and to the length of life of the citizens. It 
 is the first duty of every progressive citizen to see that the 
 town has a plentiful supply of good, pure water and that 
 all out houses are kept in a sanitary condition. If this 
 were done, there would be less sickness and fewer deaths. 
 (Remember that water is not necessarily pure because it is 
 clear or tastes good.) 
 
 Poor Commissioner. — In every community of this state 
 there are unfortunately persons who are too poor to 
 properly care for themselves. They cannot be allowed to 
 suffer for want of shelter, clothing, or food, and, therefore, 
 must be put in charge of some private or public charitable 
 organization. Churches and private associations do much 
 in this direction, but a large bunion falls on the state. 
 Many of the counties spend thousands of dollars annually, 
 
COUNTY GOVERNMENT 97 
 
 and some maintain poorhouses and farms. To care for 
 the poor properly, where the commissioners see fit, they 
 ma)' appoint a commissioner of the poor. He may be one 
 of their own number. His duties give him charge of the 
 poor, the sick, and the needy, and he must see that they 
 are provided for in case of need. To do this work prop- 
 erly really requires special training. To see that the 
 needy are provided for, and that those who would impose 
 upon the public are put to work, has become a profession 
 in the centers of population, and should soon be so consid- 
 ered everywhere. It is just as necessary to prevent pau- 
 perism as it is to provide for paupers. It requires a well- 
 qualified person to do the latter without bringing about 
 the former. 
 
 Road Commissioner. — Good roads are an essential to the 
 development of any country. If people produce, it is neces- 
 sary to market. In order to do away with the haphazard 
 methods of the past, the law of 1909 authorized the Board 
 of Commissioners to appoint a road commissioner for a 
 term of two years and at a salary to be fixed by them. 
 The duty of the county road commissioner is to take 
 charge of the construction, repair, and improvement of 
 roads as the county funds will permit. He is also to col- 
 lect and expend the annual poll tax of two dollars due 
 from ever}' male person between the ages of twenty-one 
 and fifty. Whenever possible the road commissioner 
 should be an engineer, because the law imposes upon him 
 the duty of repairing the roads, preparing plats, and di- 
 recting construction. This is special work and requires 
 special training and never will be properly done until the 
 task is assigned to road engineers. 
 
 Horticultural Inspector. — In recent years in this state 
 there has been great development along the lines of com- 
 
98 CIVIL GOVERNMENT OF UTAH 
 
 mercial horticulture. With the increase in the growth of 
 fruits there have come diseases, and pests already here 
 have spread rapidly. So that it has become impossible to 
 place on the market fruit which is salable unless the trees 
 and fruits are cared for and diseases and pests properly 
 treated. To supervise the work and to teach the orchard- 
 ists how to do the work, the county commissioners are 
 authorized to appoint a county horticultural inspector, 
 whose term of office is two years and at a salary not to 
 exceed $4 per day for the time actually employed, fn 
 order for a person to hold this office, he must have passed 
 an examination and hold a certificate from the state horti- 
 cultural commission, showing that he is capable of doing 
 the work. 
 
 Up to this time (191 1) the laws of the state have not 
 been strict enough for the best interests of the fruit grow- 
 ers. If the fruit growers of the state, small and large, 
 would submit to strict supervision over diseases and pests, 
 it would increase the value of the fruit production of the 
 state greatly, and also increase the crop. 
 
 Bee Inspection. — Bees, like human beings, are subject 
 to diseases, many of which destroy entire hives or decrease 
 the honey-producing qualities. For this reason they 
 must be inspected and treated. Upon the petition of five 
 actual beekeepers the Board of County Commissioners 
 must appoint a competent person as bee inspector and fix 
 his compensation. He shall hold office during the pleas- 
 ure of the board. It is his duty to inspect all hives of 
 bees in the county at least once a year and to take charge 
 of all diseased bees ami, if necessary, destroy them. The 
 primary purpose of the inspection is to keep the hives 
 free from foul broods, etc., to which they are subject if 
 not properly cared for. 
 
COUNTY GOVERNMENT 
 
 QUESTIONS 
 
 99 
 
 1 . Why is the county form of government necessary ? 
 
 2. How many counties are there in the state ? 
 
 3. What is the duty of the sheriff ? 
 
 4. Which town is your county seat ? 
 
 5. How are counties classified ? 
 
 6. How do the commissioners care for the poor ? 
 
 7. How should help be administered to the poor ? 
 
 8. How should the taxes be levied ? 
 
 9. What should be the qualification and pay of a county superin- 
 tendent ? 
 
 10. How long should he retain his office ? 
 
 11. What is the need of the County Board of Health ? 
 
CHAPTER VI 
 LOCAL GOVERNMENT 
 
 The local government is that part of the civil authority 
 which deals with the local civil affairs that immediately 
 concern us. It regulates and controls the roads and streets 
 and things which come up to our very doors. The officers 
 execute local and state laws. It is the political machinery 
 which is supposed to care for the peculiar local wants, the 
 need of which the inhabitants are most competent to judge. 
 The Anglo-Saxons have always been peculiarly interested 
 in retaining the control of local affairs in the hands of 
 officers elected by the members of the community. If, 
 however, this idea is carried to the extreme, each town or 
 village would become a sovereign state and the larger in- 
 terests and units of government would suffer. There are 
 many things which can be done better by local officers, 
 than state officers. Likewise there are conditions which can 
 be controlled better by state officers. The best arrange- 
 ment is where the field of government is properlv divided 
 and each division is assigned the management of affairs 
 which is coextensive with its field ; i.e. the federal govern- 
 ment to enact laws pertaining to matters which concern 
 the whole nation, the state to make laws for the affairs 
 peculiar to its interests, and the county, the city, and the 
 district each to concern itself with its own local affairs. 
 
 Precinct Government. — The Hoard of County Commis- 
 sioners are authorized to divide the county into precincts, 
 or local government units. Cities of the first and second 
 
LOCAL GOVERNMENT IOI 
 
 class are not divided. They each constitute one precinct 
 and elect a justice of the peace and constable. For dis- 
 tricts outside of towns and cities, precinct government is 
 the only form of local government provided. 
 
 The Justice of the Peace is the judicial officer of the 
 precinct. He is elected for a term of two years. His 
 duty requires that he hold court for his precinct and try 
 all cases or lawsuits on contracts, personal injuries, 
 penalties, forfeiture of bonds, recovery of possessions of 
 personal property, foreclosure or liens, where the amount 
 in dispute does not exceed $300 and in criminal cases of 
 petit larceny (the stealing of $50 or less), assault of 
 battery, breach of the peace, etc., where the fine does not 
 exceed $300 or the imprisonment in the city or county jail 
 does not exceed six months or by both fine and imprison- 
 ment. He is paid by fees fixed by law. 
 
 Constable. — The constable is the police or peace officer 
 of the precinct. He must be an elector of the precinct and 
 is elected by the voters of the district for a term of two 
 years and at a salary made up of fees fixed by law for each 
 official act. The law requires that he attend the sessions 
 of the court of the justice of the peace, whenever so re- 
 quired, serve papers, post notices, and perform such other 
 duties as are required bylaw. In addition he is the pound- 
 keeper of the precinct and has in his charge all stray 
 animals when brought to him for trespassing on the prop- 
 erty of other persons. 
 
 Road Supervisor. — The County Board of Commissioners 
 has authority to divide the county into road districts 
 (these usually have the same boundaries as the precincts) 
 and to appoint for each district a road supervisor, who shall 
 have charge of the roads of his district under the Board 
 of County Commissioners and the county road commis- 
 
102 CIVIL GOVERNMENT OF UTAH 
 
 sioner. They are usually paid by the day when in service. 
 Upon the selection of a good road supervisor depends, 
 in a large measure, the care and condition of the roads of 
 the precinct, and the careful expenditure of considerable of 
 the money of the taxpayers. 
 
 Registrars of Births and Deaths. — The State Board of 
 Health provides for the registration throughout the state of 
 all births and deaths. The secretary of the board has 
 charge of the work for the entire state. Each city of the 
 first and second class and each precinct constitutes one dis- 
 trict. For each district, cities of first and second class not 
 included, the Board of County Commissioners is required to 
 appoint a registrar of births and deaths. The law requires 
 that parents must register the births of all their children 
 with the precinct registrar, giving sex, color, date of birth, 
 and names of parents, etc., and, in case of death, medical 
 certificate, etc. Such information may be very valuable in 
 years to come in the distribution of estates or the study of 
 diseases. Where many persons die of a certain disease 
 peculiar to a certain section, the fact will be brought out 
 and the attempt to provide a remedy made. It is not per- 
 missible to bury a dead person without a certificate from 
 the registrar of births and deaths. 
 
 Township and Town. — In many of the states the local 
 civil division is known as the township. In New England, 
 Michigan, Utah, and some other states the local civil divi- 
 sion is known as a town. Township is also used to desig- 
 nate a system of measuring land. This double meaning of 
 the word often leads to confusion. Perhaps it would be 
 appropriate here to explain the use of the word township 
 as applied to measuring land. When the government of 
 the United States began to dispose of its lands to settlers 
 in Utah, two main lines were run at right angles to each 
 
LOCAL GOVERNMENT 
 
 I0 3 
 
 other, one running north and south in line with Main Street 
 of Salt Lake City, and known as the Salt Lake, or general 
 meridian, the other running east and west through Salt 
 Lake City, and known as the base line. 
 
 From the point where these lines cross the state is 
 surveyed into squares six miles on each side. Such a 
 square is known as a 
 
 ^ R 
 
 township. The rows 
 of townships running 
 north and south are 
 known as ranges, and 
 each range is spoken 
 of as range one, two, 
 three, etc., east or west 
 from the meridian. 
 The townships are 
 also designated by 
 their number north or 
 south of the base line. 
 By these two designa- 
 tions they can be defi- 
 nitely located. Each square or township is again divided 
 into thirty-six divisions known as sections and containing 
 six hundred and forty acres. Each section is again 
 divided into quarter sections of one hundred and sixty 
 acres. The quarter section may still further be divided 
 into forties. This is the system worked out by Thomas 
 Jefferson for describing the public lands. It has been used 
 ever since his day throughout the United States for meas- 
 uring and describing lands sold by the government to 
 settlers or from one private person to another. 
 
 The above diagram shows the plan suggested by Thomas 
 Jefferson for measuring the lands of the United States. 
 
 
 
 
 
 4 
 
 
 
 Y 
 
 
 X 
 
 
 ■z. 
 
 3 
 
 
 
 
 
 
 
 
 2 
 
 
 
 
 
 
 BAS 
 
 2 
 E 
 
 1 
 
 LINE 
 
 
 
 4 
 
 3 
 
 2 
 
 
 1 
 
 1 
 
 2 
 
 3 
 
 4 
 
 
 
 
 o 
 
 ■z. 
 
 2 
 
 Z 
 
 
 
 
 
 
 Q. 
 
 3 
 
 
 
 
 
 W 
 
 
 
 4 
 
 
 
 
 -Public Land Chart 
 
104 
 
 CIVIL GOVERNMENT OF UTAH 
 
 AB is the principal meridian ; CD is the base line. The 
 figures on the base line mark the range lines and those 
 on the meridian mark the township lines. Y is township 
 4 north and 4 east; W is township 4 south and 3 west. 
 
 If we now enlarge a township, we have diagram 2. A 
 township is divided into 36 sections numbered as above. 
 A section contains 640 acres and a quarter section 160 
 
 acres. As the meridian lines 
 run to the north they come 
 nearer together and must 
 be corrected. At the north 
 pole they would all meet, so 
 corrections are made about 
 every twenty-four miles. 
 
 Town. — The civil town is 
 a body of citizens upon which 
 the people of the state has 
 by law conferred certain cor- 
 porate rights : to elect offi- 
 cers, to sue and to be sued, 
 and to act in many other ways, just as a person in his own 
 affairs. Only in this case it is for the benefit of the town. 
 Of course the officials of the town cannot do any more than 
 the authority conferred upon them by the constitution and 
 laws of the state will permit. Sufficient power, however, 
 rests with the people of the town for all practical purposes 
 if the people will be awake and exercise it for their benefit. 
 A settlement with a population of three hundred or more 
 may incorporate by petitioning the count)' commissioners 
 and describing the boundaries of the proposed town. Upon 
 the granting of the petition by the Board of County Com- 
 missioners that body must appoint a town board of trustees 
 to consist of the president and four others, who shall serve 
 
 6 
 
 5 
 
 4 
 
 3 
 
 2 
 
 1 
 
 7 
 
 a 
 8 
 
 9 
 
 10 
 
 1 1 
 
 12 
 
 18 
 
 17 
 
 16 
 
 15 
 
 14 
 
 13 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 30 
 
 29 
 
 28 
 
 27 
 
 26 
 
 25 
 
 31 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 2. — township, showing Sections 
 
LOCAL GOVERNMENT 105 
 
 until their successors are elected at the next town election. 
 When elected, the members of the town board serve for 
 two years. A majority of the members of the board con- 
 stitute a quorum to do business. As a body they may buy 
 or sell real estate for the town ; make the necessary health 
 regulations; purchase and hold cemeteries; regulate or 
 prohibit the running at large of live stock ; license, tax, 
 and regulate saloons (when allowed by the people at an 
 election), pool and billiard rooms, hotels, and all forms of 
 business and all kinds of professions. Shows, theaters, 
 circuses, amusements, etc., come under its control, as well 
 as vagrancy, prostitution, drunkenness, fighting, gambling, 
 and petit larceny. It is also the duty of the board to lay 
 out and improve the streets, water systems, abate nuisances 
 and perform numerous other acts for the best moral and 
 physical interests of the community and not contrary to 
 laws of the state. 
 
 In order that the town board may carry on these various 
 activities, it is authorized to assess a tax of one fourth of 
 one per cent on the assessed valuation of the property of 
 the town unless two thirds of the voters at a special elec- 
 tion signify their desire for a higher levy. Then an amount 
 not to exceed one half of one per cent may be levied. 
 
 City Government. — In Utah a small population may 
 organize itself under a town or a city government. As 
 conditions change a town may take on the city form of 
 government. Generally a small population organizes un- 
 der the town form of government, but it may, if it prefers, 
 organize as a city at once. The law allows of such pro- 
 cedure. As the population of the different sections of the 
 state is constantly increasing, provisions are made for a 
 county, a district, or a town, to become a city when it se- 
 cures the requisite population. 
 
I0 6 CIVIL GOVERNMENT OF UTAH 
 
 When a district or a county, not already under .a city 
 government, desires to be organized into a city, the citizens 
 may petition the Board of County Commissioners to be 
 made into a city. The petition must be in writing and 
 signed by not less than one hundred taxpayers and quali- 
 fied voters. The petition itself must describe the territory 
 to be embraced within the proposed city and be accompa- 
 nied by a map and the proposed name. As soon as the 
 commissioners receive the petition, they must designate the 
 class of the proposed city, and also fix the time and 
 place of holding the election to determine whether the 
 people want to become a city. Before the election is held, 
 the commissioners must give notice in some newspaper 
 published in the town, if there is one, for four successive 
 weeks. If there is no paper published in the town, then 
 notices must be posted in five places. The announcement 
 must describe the territory it is proposed to include in the 
 city. Candidates are also voted for at the same election 
 to fill the offices. If the election shows that a majority of 
 the voters favor a city, then the county clerk must file a 
 copy of all papers relating to the proceeding in the office 
 of secretary of state, whose duty it then becomes to issue 
 a proclamation establishing the new city. Different states 
 have different classifications, e.g. in Massachusetts every- 
 thing below a population of 10,000 is a town. In Utah, 
 however, the following classification holds: cities having 
 30,000 or more inhabitants are classified as cities of the 
 first class ; cities having more than 5000 and less than 
 30,000 inhabitants are cities of the second class; and all 
 cities below 5000 inhabitants, cities of the third class. 
 When the mayor or the president of the Board of Trustees 
 certifies to the governor of the state that a city has the 
 necessary population to place it in the class above, the 
 
LOCAL GOVERNMENT 107 
 
 governor issues a proclamation placing it in its proper 
 class. From the time that the proclamation is issued the 
 town is governed by the laws intended for cities of such 
 class. When the change, however, is made, the officers 
 then holding office continue to exercise their duties until 
 the next municipal election, when the proper officers are 
 elected. 
 
 In many respects the city government corresponds to 
 the state government, only in a smaller way. Formerly, it 
 had its three distinct departments : executive, mayor; legis- 
 lative, city council; and judiciary, police justice. Now, 
 however, by the commission form of government for cities 
 of the first and second class, established by the law of 
 191 1 for the government of cities in Utah, the executive 
 and legislative departments are combined. Cities of the 
 first class are governed by a Board of Commission, consist- 
 ing of the mayor and four commissioners; and cities of 
 the second class by a mayor and two commissioners; and 
 cities of the third class by a mayor and five councilmen. In 
 cities of the first and second class the mayor and commis- 
 sioners act together as one body, exercising both the legis- 
 lative and the executive authority. The mayor represents 
 the city in all duties and privileges which that office now 
 enjoys and also is the presiding officer of the board, which 
 is about the only authority he possesses not exercised by 
 the other members of the commission. In cities of the 
 third class the mayor is an executive officer only. Accord- 
 ing to the former system, the mayor possessed the right of 
 veto and many other privileges. The new law provides : 
 " The Board of Commissioners of cities of the first and 
 second class shall discharge, exercise, and have all duties, 
 powers, and privileges that are now or may be hereafter 
 vested jointly or severally in the mayor and city council of 
 
108 CIVIL GOVERNMENT OF UTAH 
 
 the first and second class and shall have all the rights, 
 duties, powers, and privileges, as may hereafter be pro- 
 vided by law for boards of commissioners of cities of the 
 first and second class." In cities of the third class the 
 mayor presides, but does not have a vote, except in case of 
 tie. All resolutions adopted or contracts approved by the 
 council in cities of the third class involving the expendi- 
 ture of money and every ordinance passed by the council 
 must bear his approval. If he fails to approve it, he must 
 report to the council, when it may be passed over his veto 
 by a majority of two thirds of the members voting in the 
 affirmative. In case of a temporary or permanent vacancy 
 occurring in the office of mayor, the city council elects a 
 qualified person to fill the office until the return of the 
 mayor or until the next municipal election. The forego- 
 ing applies to cities of the third class only. In cities of 
 the first and second class, when a vacancy occurs in the 
 commission, it is filled by the election of a qualified person 
 by the members of the commission. In case of a deadlock 
 in the election of a new member, the auditor is authorized 
 to vote so as to secure an election. 
 
 In all the cities all ward divisions are abolished and the 
 city votes as a unit for five councilmen or for three or five 
 commissioners. The purpose of this method of voting is 
 to secure, if possible, men who are interested in the whole 
 rather than certain sections of the city. 
 
 In cities of the third class the council is the legislative 
 department of the city, but in cities of the first and second 
 class this authority is now transferred to the Board of Com- 
 missioners. A city council in cities of the third class is 
 divided into committees by its own regulations, and the 
 members are assigned to the several committees by the 
 presiding officer ; but in the case of the Board of Commis- 
 
LOCAL GOVERNMENT 109 
 
 sioners the several departments are established by law and 
 immediately upon organization one member must be as- 
 signed to have charge of one or more departments. 
 
 These departments are : Public Affairs and Finance; 
 Water Supply and Water Works ; Public Safety ; Streets 
 and Public Improvements; Parks and Public Improve- 
 ments. One member may be assigned to not more than 
 two departments. In cities of the first class the law pro- 
 vides that each department will be under the charge of a 
 member ; but in cities of the second class, where there are 
 only three commissioners, it will be necessary to place two 
 departments under one head. 
 
 This Board of Commissioners is to be a board of direc- 
 tors to manage the affairs of the city. They are required to 
 meet at least four times a week and transact the business 
 of the city, including the passage of the necessary city 
 ordinances and of the appointment of the required city 
 officers and employees. It requires a majority of the 
 members to constitute a quorum to do business when legally 
 passed. An ordinance or law goes into effect when 
 deposited with the city recorder and published at least 
 once in some paper published within the city; if there is 
 no paper published within the city, then by posting in three 
 public places in the city. 
 
 The laws of the state have given the city councils and 
 city commissioners power to deal with the following subjects 
 within the city limits : to control the finances and property 
 of the city ; to levy and to collect taxes ; to determine the 
 terms upon which licenses may be issued ; to erect municipal 
 buildings; to borrow money ; to issue bonds when approved 
 by a vote of the people ; to lay out, manage, and improve 
 streets and sidewalks ; to purchase and establish water- 
 works and gas and electric light plants and street cars ; to 
 
HO CIVIL GOVERNMENT OF UTAH 
 
 protect the water supply of the city for a distance of ten 
 miles above the intake by proper supervision and police 
 regulation; to make regulations for trains passing through 
 the city and to require the railroads to establish the neces- 
 sary crossings ; to regulate or prohibit the manufacture 
 or sale of intoxicating liquors or beverages and, in case the 
 town, after an election, sees fit to license the business of 
 liquor selling, to fix the conditions under which it may be 
 sold and the amount to be paid for the permit to sell the 
 same. However, in the case of the sale of liquor the state 
 law determines nearly every regulation. To pass ordinances 
 covering a large number of minor crimes, such as drunken- 
 ness, disturbance of the peace, vagrancy, nuisances, etc., 
 and also providing for the trial and punishment of the 
 same ; to provide for the storage and sale of explosives 
 and the inspection of elevators and steam boilers ; to estab- 
 lish a fire department and the necessary fire regulations 
 for the city, including the construction and inspection of 
 buildings for the prevention of fires; to make rules govern- 
 ing the sale of milk and vegetables, and the slaughtering of 
 animals for food, providing for proper sanitary conditions. 
 City Auditor. — In addition to the election of three or 
 five commissioners for cities of the first and second class, 
 each city elects an auditor. The purpose of electing an 
 auditor directly by the people is that he will be independ- 
 ent of the commissioners and can refuse to allow the payment 
 of any claim which is not both legal and just. If he were 
 elected by the commissioners, he would be subject to their 
 wishes or could be removed. Elected as he is, directly by 
 the people, he is independent and can refuse to allow im- 
 proper expenditures. Many people assume that an auditor 
 is merely a bookkeeper. This is not true. It is his duty 
 to see that the funds of the city are lawfully expended. 
 
LOCAL GOVERNMENT in 
 
 Direct Primaries. — Up to the year 191 1 candidates for 
 city offices were nominated by the old method of mass 
 primary and city convention. A primary was called in 
 every voting district, and it selected delegates to the city 
 convention. Ordinarily few attended the primary, and 
 they were interested politicians. This gave them control 
 of the primary and later the convention. The result was, 
 as a rule, the nomination of politicians and their friends. 
 To do away with this method, a law was passed in the 
 legislative session of 1911 providing for the establish- 
 ment of the direct primary in cities of the first and second 
 class. 
 
 The direct primary is an election which precedes the 
 regular election. At the direct primary election the people 
 may vote for any person or persons they see fit. In order 
 for the candidates to get their names upon the official 
 primary election ballots, it is necessary to file a petition, 
 signed by one hundred qualified voters, asking that the 
 names be placed upon the ballot, but the voters are not 
 bound to vote for the names on the ticket, but may write in 
 any names they please. 
 
 The primary election is held two weeks preceding the 
 regular election with the same judges presiding. Every 
 registered voter is entitled to go to the polls and to indicate 
 his choice of persons for the various offices. . When the 
 election is over, the votes are counted by the judges and 
 canvassed by the clerk. The two persons having the 
 highest number of votes for each office are placed upon the 
 official ballot to be voted at the general election, which is 
 to follow immediately. 
 
 Neither at the primary election nor in the general elec- 
 tion, which is to follow, are any party emblems of any 
 kind used. Formerly, the parties used a picture of an 
 
112 CIVIL GOVERNMENT OF UTAH 
 
 eagle, a rooster, etc., as a party emblem, and many voted 
 their party ticket straight. The aim now is just as far as 
 possible to make the election nonpartisan. The only per- 
 sons voted for at either of the elections are candidates for 
 the offices of commissioner and candidates for the office of 
 city auditor, as before indicated ; all other officers, such as 
 city recorder, are appointed. The old way was to vote for 
 a multitude of persons for various offices. These persons 
 are now to be appointed by the commissioners. 
 
 City Recorder. — The city recorder is appointed by the 
 commissioners for a term of two years and at a salary fixed 
 by that body, and in cities of the third class the recorder is 
 elected at a salary fixed by the council. The recorder is 
 really the secretary and bookkeeper of the city. He is 
 required to keep an office at such place as the city com- 
 mission or council may direct ; to make a record of all 
 meetings ; to sign all contracts ; to audit all accounts and 
 to keep the commission or council properly and fully 
 informed as to the finances of the city. 
 
 City Treasurer. — It is the duty of the citv treasurer to 
 receive and keep all the funds of the city and to pay them 
 out only upon lawful warrants which have been properly 
 issued to pay appropriations made by the council or com- 
 mission. The treasurer has charge of the public funds and 
 for this reason should always be an honest and capable 
 man. In the case of the treasurer the law of the state 
 should provide that the funds must be deposited with a 
 reliable bank paying the highest rate of interest for deposits 
 and furnishing the necessary guarantees. In man)- states 
 the public funds are placed in reliable banks at interest, 
 and in this way the state, counties, and cities are gainers 
 every year to the extent of a large sum. In cities of the 
 first and second class the treasurer is elected by the com- 
 
LOCAL GOVERNMENT 113 
 
 mission, and cities of the third class by the people, at a 
 salary fixed by the commission or the council. 
 
 Marshal and Police. — The chief of police in cities of the 
 first and second class is appointed by the commission for a 
 term of two years unless sooner removed ; in cities of the 
 third class by the mayor, upon the approval of a majority 
 of the council. He has charge of the police or peace 
 work of the city. It is his duty to prevent crime, suppress 
 disturbances, breaches of the peace, and faithfully enforce 
 all laws of the state and ordinances of the city. Where 
 possible, the police officer should prevent crime against 
 property rather than to allow the crime to be committed 
 and then arrest the offenders. 
 
 The chief of police or his subordinates are required to 
 serve every kind of writ issued by a city justice or justice of 
 the peace. Whenever persons have committed crimes, it 
 is the duty of the marshal or chief of police to arrest them. 
 As already indicated, it would be impossible in many cities 
 of the state for the marshal to do all the work ; so the coun- 
 cil or commission can create a police department, provide 
 the necessary officers and define their terms and duties under 
 the direction of the chief of police. The commission may 
 remove any officer at any time and likewise, in cities of the 
 third class, the mayor, with the approval of the council. 
 
 A good, efficient police department is of great advantage 
 in any city. It is the safeguard against the criminal 
 element, which plays an important part in any large city. 
 It takes well-trained men to prevent crime and to capture 
 criminals. As a consequence, it is now the rule in cities 
 that police officers shall not be dismissed for politics, but 
 only for inefficiency. This is an excellent plan and should 
 obtain in Utah, as well as in many other parts of the United 
 States and in European countries. 
 
ii4 
 
 CIVIL GOVERNMENT OF UTAH 
 
 Fire Department. — In most of the larger cities of the 
 state a fire department is organized along the same lines as 
 the police department. The head officer is called the chief 
 of the fire department and the other officers are called fire- 
 men. The fire department is an expense to the city, but as 
 a rule it earns the money spent many times over in the 
 prevention of fire and the putting out of fires. It also 
 tends to keep the insurance rates very much lower than 
 they would be if there were no fire department. 
 
 City Engineer. — Sanitary and civilengineers have become 
 a necessity for every modern town or city. In Utah in 
 cities of the first and second class the office of city engi- 
 neer is created. The city engineer is appointed for a term 
 of two years by the commission, at a salary previously 
 fixed. The service of an engineer is necessary when streets 
 or sidewalks are to be paved or a water or a sewer system 
 to be installed or bridges to be built. He makes the re- 
 quired surveys for the sewers and water mains, establishes 
 the correct grades for the streets and sidewalks, and sees 
 that the work is properly done ; and prepares the plans 
 and oversees the construction of bridges. In order to pre- 
 vent the wasteful expenditure of money, it is very essential 
 that such important and expensive improvements be prop- 
 erly cared for by a competent person. 
 
 Water Works Department. — In every modern town and 
 city a plentiful supply of pure water is one of the necessi- 
 ties. The larger cities of the world expend millions to 
 get sufficient water to supply the inhabitants. Many of 
 the towns and cities of Utah have been very slow in secur- 
 ing an adequate supply of pure water, until now it will cost 
 heavily to buy the water and also provide means of convey- 
 ing it to the town. In order to care for the water, to see 
 that it is kept in the mains and properly distributed, the 
 
LOCAL GOVERNMENT 115 
 
 mayor and city council, in cities of the third class, and the 
 Board of Commissioners, in cities of the first and second 
 class, are authorized to appoint a superintendent of water 
 works. 
 
 Department of Sewers and Sanitation. — Of next impor- 
 tance to a good supply of pure water is an efficient sewer 
 system. Where cities have provided a supply of pure 
 water and a good system of sewerage, typhoid fever has 
 decreased considerably. Where the sewer system is of 
 sufficient importance, the city or town government is au- 
 thorized to create a department of sewers and sanitation 
 and to create the necessary officers to take charge. 
 
 Health Department. — In modern life where people 
 associate closely together in almost every activity, it is easy 
 for many diseases to be transmitted from one person to 
 another and in that way spread all over the entire com- 
 munity, causing a great deal of sickness and many deaths. 
 To prevent such a condition the law provides for the crea- 
 tion of a city or town board of health to consist of three or 
 five persons, one of whom when practicable shall be a 
 physician, a graduate of a regularly chartered medical col- 
 lege, who shall be the executive officer of the board and be 
 known as the health officer. The Board of Health has 
 power to supervise all matters pertaining to the sanitary 
 conditions and authority to order all nuisances or the cause 
 of any disease removed. 
 
 The members of the boards of health are expected to 
 use diligence to discover the presence of any contagious 
 or infectious diseases. Where cases of infectious or con- 
 tagious diseases are found, it is the duty of the Board of 
 Health to isolate them and, when the persons recover, to 
 disinfect the premises. Many people little realize how 
 much suffering, and in many cases death, they cause by a 
 
Il6 CIVIL GOVERNMENT OF UTAH 
 
 failure to report cases of infectious and contagious diseases 
 to the health officer and, as far as possible, to observe 
 proper rules and regulations for the prevention of the 
 spread of diseases. 
 
 Separation from Cities. — Whenever a majority of the real 
 property owners of any territory lying within the borders of 
 any city desire to be separated from the city and petition 
 the district court in which the city is located, at the same 
 time filing a map of the section with the clerk of the court, 
 the court shall order proper notice to be given and fix a 
 date for a hearing of the case. If, after a full and complete 
 hearing, the court feels that justice and equity require that 
 such territory or any part of it should be separated from 
 the city, then it shall order separation to be made and ap- 
 point three commissioners to adjust the terms upon which 
 the part shall be severed. The report of the commissioners 
 will be made a part of the decree of the court. 
 
 QUESTIONS 
 
 1 . Why do we need a local government ? 
 
 2. What is the meaning of the word township in Utah? 
 
 3. How are the cities in Utah classified? 
 
 4. In which class does your city belong? 
 
 5. What is meant by the commission form of city government? 
 
 6. What are supposed to be its merits? 
 
 7. Should the fire or the police department be subject to politics? 
 
 8. Why should the city engineer be a well-qualified person? 
 
 9. How is the health of the people in a large measure dependent 
 upon the efficiency of the Board of Health? 
 
 10. How does the supply of pure water for a town or city affect the 
 health of the people ? 
 
CHAPTER VII 
 
 EDUCATION 
 
 From the earliest settlement of Utah the people have 
 been interested in education. In the beginning, however, 
 education was mainly a private concern, carried on by 
 some person for very small wages, but primarily to give 
 the boys and girls of the frontiers the rudiments of an 
 education. As early as October, 1847, Miss Mary Dilworth 
 opened a school for children inside of the "Old Fort" 
 in a tent, and logs were used as seats. Several similar 
 schools sprang up in different parts of the state as neces- 
 sity demanded. The territorial legislature as early as 1850 
 provided for the establishment of the University of Deseret 
 (now Utah) and made an appropriation of $5000 a year 
 for twenty years for its maintenance. The first work was 
 the creation of a parents' school and a course for the 
 preparation of teachers. An empty territorial treasury 
 made it impossible for the university to continue and from 
 then on until 1867 it possessed only a nominal existence. 
 The Board of Regents, however, were regularly appointed 
 and held general supervisory power over the schools of 
 the territory. At a meeting of the Board of Regents of 
 the university held in 1853 it was decided to introduce a 
 new alphabet and a new system of phonetic spelling. Parley 
 P. Pratt, Heber C. Kimball, and George D. Watt were ap- 
 pointed a committee to prepare the new system. It was 
 duly prepared with thirty-six characters and new letters 
 and known as the Deseret alphabet. 
 
 117 
 
Il8 CIVIL GOVERNMENT OF UTAH 
 
 As originally established the university was given a 
 broad foundation for work, including languages (ancient 
 and modern) arts, sciences (theoretical and applied), philos- 
 ophy, mathematics, etc. 
 
 Some years later the legislature authorized the Board of 
 County Commissioners to divide the county into school 
 districts and also provided for the election of trustees for 
 each district. In the same act provision was made for the 
 levying of a tax of two and one half mills on the property 
 of the district. If two thirds of the taxpayers of a district 
 at a special election, called for that purpose, expressed 
 themselves favorable, the levy could be raised to three 
 mills. The power here granted to the districts was used 
 in only a few instances. 
 
 In the fall of 1867 an educational institute was estab- 
 lished by the Board of Regents of the University of 
 Deseret and conducted mainly as a commercial academy. 
 In 1868 classical, scientific, and normal departments were 
 added. As a matter of fact, however, the work done was 
 rather of a high school nature than of college grade. 
 Students of both sexes were admitted, and in 1S71 there 
 were 546 in attendance, but in 1SS4 only 2SS. The de- 
 cline was due to the lack of preparatory schools. 
 
 The laws for the maintenance of the public schools were 
 changed. The local tax had been used only occasionally. 
 From time to time the legislature had appropriated small 
 sums ranging from $5000 to $25,000 for part support of 
 the public schools, to be distributed among the various dis- 
 tricts according to school population and attendance. In 
 1878 the old law was repealed and a new one enacted pro- 
 viding for a territorial levy of three mills on the taxable 
 property of the territory for the maintenance of the 
 common schools. 
 
EDUCATION 119 
 
 Previous to the enactment of this law and for years 
 after, the main support of the public schools of the ter- 
 ritory was by a tuition charge made upon the attending 
 pupils. The term charge was from S2.50 to SS per 
 pupil. The amount expended upon the schools in 1878 
 was $218,515.10; of this amount 866,555.30 came from 
 the tax levy of three mills and the balance from tuition. 
 Just to show the advance, it may be well to state that the 
 amount spent in 1910 for the maintenance of schools was 
 S3, 182,874.29. 
 
 In 1 878-1 880 the legislature appropriated 520,000 for 
 the support of the university, and the city of Salt Lake 
 gave it the finest square in the municipality. In 1882 the 
 university maintained an academic, a normal, and a pre- 
 paratory department. High school work was the great 
 demand of the territory, and the school attempted to sup- 
 ply that need. It established a branch in Provo in 1870. 
 
 In 1SS9 a law was enacted establishing the Agricultural 
 College at Logan. At that time few, if any, comprehended 
 its aim or destiny. Xo one seemed to regard it of any 
 special importance. Little the promoters themselves real- 
 ized that it was to become one of the chief educational 
 factors in the state and one of the leading institutions of 
 its kind in the Western states. 
 
 In 1890 the legislature of the territory enacted a law 
 creating a system of free education for all the children of 
 Utah. It provided for the continuance of the territorial 
 tax levy for school purposes and added a county and dis- 
 trict lev}-. Tuition charges were forbidden. 
 
 One of the defects of the law was that it did not provide 
 for state aid to high schools. This omission was due in 
 part to the fact that most of the high school work, except 
 in the large cities, was done in state or church high schools. 
 
120 CIVIL GOVERNMENT OF UTAH 
 
 With the development of high schools throughout the state, 
 the state constitution was amended in 19 10, granting state 
 aid to high schools. 
 
 During recent years the University of Utah and the 
 Agricultural College of Utah have made rapid advance- 
 ment. The appropriations for each have been materially 
 increased. The character of the work in these schools 
 has advanced to a much higher plane, so that each in their 
 respective spheres compares very favorably with work of 
 similar institutions in the Western states. By a law passed 
 by the legislature in the session of 191 1, each institution 
 was granted for maintenance a definite part of the revenue 
 of the state. 
 
 While it may seem to many of us that the early grants 
 to education in the territory were small, by comparison 
 with other territories, they were equally as large, if not 
 larger, and that out of the poverty of early settlement the 
 people of this commonwealth were always liberal in the 
 support of education. 
 
 The state constitution, Art. X, Sec. 2, provides that 
 the school system shall consist of the kindergarten schools ; 
 common schools, consisting of primary and grammar grades ; 
 high schools, and agricultural college; a universitv and 
 such other schools as the legislature may establish. This 
 provision of the constitution confirmed the existing condi- 
 tion pertaining to the grade schools which had been estab- 
 lished by the law of 1890. The schools are dependent 
 upon the state for maintenance. Art. XIII, Sec. 7, of the 
 state constitution provides for a general lew of eight mills, 
 three mills of which are to be set aside by the legislature 
 for the support of the kindergarten, primary and grammar 
 grades schools and one half mill for high schools. The 
 University of Utah secures its support from interest upon 
 
EDUCATION 121 
 
 invested funds under the control of the Board of Land 
 Commissioners and allowances made by the legislature 
 from general state incomes derived from the four and one 
 half mill tax. The Agricultural College secures its support 
 from interest upon invested funds under the control of the 
 Board of Land Commissioners, federal appropriations and 
 allowances made by the legislature from the general state 
 income derived from the four and one half mill tax. 
 
 All the state schools are free except that the university 
 makes an entrance charge of ten dollars and the Agricul- 
 tural College, five dollars. In the constitution, as originally 
 drawn, the high schools, the people's colleges, were not 
 provided with state support. This condition was remedied 
 by the constitutional amendment adopted November, 1910, 
 setting aside one half of one mill for the maintenance of 
 high schools from state income. 
 
 The general control and supervision of the public schools 
 system is under the state board of education. This board 
 consists of the superintendent of public instruction, chair- 
 man, the president of the University of Utah, the president 
 of the Agricultural College of Utah, and two persons 
 appointed by the governor, with the consent of the Senate, 
 to serve for a term of four years. To this body is delegated 
 the general supervision of the public school system of the 
 state, not including the university and the Agricultural 
 College. It has power to grant diplomas and to issue cer- 
 tificates to persons qualified to teach in the public school 
 system. It can also revoke diplomas and certificates for 
 cause. At the head of this body is the superintendent of 
 public instruction, who is elected by the people for a term 
 of four years. 
 
 Of all state offices, except that of governor, the office 
 of superintendent of public instruction is the most im- 
 
122 CIVIL GOVERNMENT OF UTAH 
 
 portant. The labor of creating and building up an efficient 
 school system is dependent, in a large measure, upon his 
 energy and intelligence. As he is the head of the system, 
 his ideals and aims will be apt to predominate in the state 
 school system. 
 
 High Schools. — From the sparse settlement of many of 
 the counties of the state it is impossible to establish an in- 
 elastic and uniform system of high schools. The larger 
 citie's desire to maintain high schools of their own, indepen- 
 dent of the remainder of the county in which they are situ- 
 ated. Some counties are too large to constitute one high 
 school district and must necessarily be divided into two or 
 more ; others desire to be a high school unit. In order to 
 provide for all of these contingencies, the legislature at the 
 session of 191 1 enacted the high school law which pro- 
 vided for the distribution of the state high school fund and 
 for the creation and organization of the high school districts. 
 
 Distribution of Funds. — The state constitution and laws 
 provide for the collection annually of one half of one mill 
 on all the taxable property of the state for high school 
 purposes. These funds are to be apportioned among the 
 high schools of the state that conform to the conditions 
 and standards imposed by the State Board of Education, 
 according to the number of students in attendance for 
 twenty weeks during the year. In order to determine 
 whether the high schools are maintaining the necessary 
 standards, the State Board of Education is authorized to 
 appoint a state high school inspector. 
 
 Each county within the state is constituted a high school 
 district, except cities of the first and second class and con- 
 solidated county districts. These are left subject to the 
 jurisdiction of the boards of education. 
 
 In all counties, except the consolidated districts and 
 
EDUCATION 123 
 
 cities of the first and second class, the county superintend- 
 ent of schools is required to report to the county commis- 
 sioners as to the desirability of retaining the county in one 
 unit or dividing it. Upon the receipt of this report the 
 county commissioners are required to give notice by means 
 of the newspaper or by other means of a public hearing. 
 If objections to the proposed unit are filed, they are to be 
 duly considered and the commissioners shall then act 
 according to their best judgment. The common school 
 districts shall not be subdivided for high school purposes. 
 
 When once the high school districts are established, they 
 are to be under the control of a Board of Education, which is 
 to be composed of the county superintendent of schools and 
 a member of the board of trustees of each common school 
 district within the high school district, who shall be elected 
 by the board of trustees of such common school district. 
 
 As soon as this board is properly organized, it shall call 
 an election of the qualified voters to determine whether 
 they desire to maintain a high school or schools within the 
 district and at what place or places shall it be located. If 
 the majority is in favor of the maintenance of a high 
 school, the board is then authorized to levy a tax in an 
 amount not to exceed five mills on all the property of 
 the high school district. In addition to the foregoing the 
 board is authorized to employ teachers ; to manage the 
 high schools ; to buy and sell property for school pur-, 
 poses ; and to call elections for the purpose of securing an 
 expression of the citizens in respect to issuing bonds for 
 high school purposes. 
 
 County Superintendent. — In all counties where the con- 
 solidated county district does not prevail a county super- 
 intendent of schools is elected for a term of two years. 
 He is the immediate supervisor of the schools of the 
 
124 CIVIL GOVERNMENT OF UTAH 
 
 county. Upon him rests in general the duty of visiting 
 the schools and the reporting of the progress of the work 
 to the trustees of the several school districts. He is also 
 required to report the number of children of school age in 
 the county to the state superintendent and, when the state 
 superintendent makes a division of the school funds to the. 
 several counties of the state, it is his duty to divide them 
 among the school districts of the county according to the 
 school population. 
 
 Trustees. — All school districts, except cities of the first 
 and second class and consolidated counties, elect a board of 
 three trustees for a term of three years, one retiring each 
 year. These officials are placed under bond by the county 
 clerk. They are required to organize within twenty days 
 after election by appointing one of their members chair- 
 man, and one secretary and one treasurer. As soon as the 
 organization is completed, the board is required to notify the 
 county superintendent. 
 
 The school trustees have general charge, direction, and 
 management of the schools of the district. They care for 
 the property belonging to the district, employ the necessary 
 teachers, supervise the erection of school buildings, expend 
 the school funds, purchase textbooks, cause a census an- 
 nually to be taken and levy the local taxes necessary for 
 the maintenance of the schools provided that the levy can- 
 pot exceed ten mills. 
 
 The care, keeping, and welfare of the schools in dis- 
 tricts outside of cities of the first and second class and 
 consolidated county districts is in the hands of these men, 
 many of whom give liberally of their time and ability to 
 build up the schools. 
 
 In cities of the first and second class and consolidated 
 county districts a slightly different system prevails. The 
 
EDUCATION 125 
 
 city or the county (the county may be made into two or 
 more consolidated districts) constitutes one school district. 
 Each city or county is divided into five municipal wards. 
 In cities of the first class each municipal ward elects two 
 members of the board, making a total membership of ten. 
 Their term of office is four years, half retiring biennially. 
 In the consolidated county districts, and in cities of the 
 second class the districts are divided into five wards, and 
 each ward elects one member of the school board for a term 
 of four years. In the case of the county district the term 
 of three members expires at the end of two years to begin 
 with and two at the end of four years. This is in 
 the beginning ; thereafter they serve four years, the 
 purpose being to keep some experienced members always 
 on the board. In cities of the second class the terms of all 
 the members expire at the same time. 
 
 In cities and consolidated county districts the manage- 
 ment of the school is entirely under the control of the board. 
 Up to a certain extent it levies the taxes, elects the super- 
 intendent, expends the school moneys, and, upon the 
 recommendation of the superintendent, engages the teach- 
 ers. It is by far the best system as yet devised. The 
 board usually selects the superintendent for his ability as a 
 schoolman, and he becomes an active force in the direction 
 of the school affairs. Furthermore, the board soon dis- 
 covers that the services of a good officer are essential to the 
 successful management of the schools and retains him for 
 an indefinite period. Where a mistake is made and an in- 
 competent man elected, the board is in a position to, and 
 should, ask for his resignation without waiting for the ex- 
 piration of his term. The welfare of hundreds of children 
 is dependent upon his ability to conduct the schools. 
 
 The political institutions here described have general 
 
126 CIVIL GOVERNMENT OF UTAH 
 
 supervision over common and high schools of the state. 
 The School for the Deaf and Blind at Ogden, the Indus- 
 trial School at Ogden and institutions of higher learning, 
 such as the Agricultural College of Utah at Logan and 
 the University of Utah at Salt Lake City are all under the 
 control of boards, the members of which are appointed by 
 the governor or are ex-officio members. 
 
 Agricultural College. — The Agricultural College of Utah 
 is controlled by a Board of Trustees consisting of thirteen 
 members, twelve of whom are appointed by the governor 
 for a term of four years, and the secretary of state. The 
 terms are so arranged that not more than six retire at 
 one time. These trustees elect a president, secretary, and 
 treasurer and appoint the president of the faculty, com- 
 monly known as the president of the college, and, upon 
 his recommendation, the members of the faculty and 
 other employees of the school. The revenues of the col- 
 lege are received from interest from funds derived from 
 the sale of lands granted to the state bv the federal gov- 
 ernment at the time of statehood. These funds are under 
 the control of the Board of Land Commissioners. In ad- 
 dition the federal government makes an annual appro- 
 priation of $75,000 for station and college work. In 191 1 
 the state legislature passed a law setting aside twenty-eight 
 per cent of the state's revenues for the maintenance of the 
 University of Utah and the Agricultural College and the 
 Branch Normal School at Cedar ; 28.34 per cent of the 28 
 per cent go to the college. 
 
 University of Utah. — The University of Utah is con- 
 trolled by a Board of Regents consisting of twelve mem- 
 bers and the secretary of state; their term of office is four 
 years. The appointments are so made by the governor 
 that not more than six can retire at one time. The re- 
 
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EDUCATION 127 
 
 gents elect a president, secretary, and treasurer, and also 
 the president of the faculty, commonly known as the presi- 
 dent of the university, and, upon his recommendation, the 
 members of the faculty and other employees. The insti- 
 tution is supported by interest received from funds derived 
 from the sale by the state of lands granted to the school 
 by the federal government. The funds, as well as those 
 of the Agricultural College, are under the control of the 
 Board of Land Commissioners. In addition to this the 
 university receives about 64.43 P er cen t of 28 per cent of 
 the revenues of the state for maintenance. 
 
 The fields of higher education and the investigation of 
 scientific problems pertain to the work of the university 
 and the college. These lines of work are expensive, but 
 as we live in a democracy where the people are not only 
 expected, but required, to solve the difficult scientific, socio- 
 logical, and political problems of the state, avenues for ed- 
 ucational training and scientific investigation must be kept 
 open for all who desire to do such work. A failure to do 
 so means a standstill in the progress of civilization. 
 
 Industrial School. — The Industrial School, commonly 
 known as the Reform School, is supported by interest de- 
 rived from a fund provided by the sale of lands given to 
 it by the federal government and by appropriations made 
 for its maintenance by the state. It is governed by seven 
 trustees, consisting of the superintendent of public in- 
 struction, the attorney-general, and five members ap- 
 pointed by the governor for a term of four years. The 
 board elects a superintendent to supervise the institution 
 under its direction. The pupils of the school are all sent 
 to it by the juvenile court. The object of maintaining 
 this institution is to prevent boys and girls becoming crim- 
 inals and to reform the wayward. 
 
128 CIVIL GOVERNMENT OF UTAH 
 
 School for the Deaf and Blind. — The School for the 
 Deaf and Blind is maintained by the state and by interest 
 derived from funds secured by the sale of lands given the 
 school by the federal government for the benefit of the de- 
 fective children of the state. It is governed by a board of 
 five trustees appointed by the governor, with the approval 
 of the state Senate, for the term of six years, with the at- 
 torney-general as cx-officio member. The board elects a 
 superintendent to supervise the school under its direction. 
 
 The work of the two last-named institutions is to care 
 for those who are defective either physically or morally. 
 The world is coming to realize that the morally weak need 
 just as much scientific study and care as those who are 
 physically defective. It is equally a work for the specialist. 
 
 QUESTIONS 
 
 1. Who was the first school-teacher in Utah ? 
 
 2. What was the kind of schoolhouse in use ? 
 
 3. When was the university organized ? 
 
 4. What was the Deseret alphabet ? 
 
 5. What was the kind of work first undertaken by the university ? 
 
 6. When was the Agricultural College organized ? 
 
 7. How are the University and the Agricultural College main- 
 tained ? 
 
 8. What is the special work of the Agricultural College? 
 
 9. When were free common schools established in the state ? 
 
 10. How does the state help to support the common schools ? 
 
 1 1. What should be the qualifications of the county superintendent 
 of schools ? 
 
 12. Should be be subject to politics ? 
 
 13. How are the boards of education in the cities elected ? 
 
 14. Should all the members be elected at the same time ? 
 
 15. Explain the work of the Industrial School and School for the 
 Deaf and Blind. 
 
 16. How are they maintained ? 
 
CHAPTER VIII 
 TAXATION 
 
 Governments must have money. Without it they cannot 
 carry on their affairs. This is equally true of all depart- 
 ments. Modern governments do much, and we need only 
 to look about us to see how many public things require 
 support. The town has streets to lay out and to keep in 
 repair ; new crossings over canals to build ; water systems 
 to install and maintain ; a town hall to erect ; and town 
 officials, who give all or part of their time to the services 
 of the public, to pay. The city is in reality only a large 
 town, but on account of its size much more must be done ; 
 even more, in proportion to population, than a town. 
 Streets must be paved, sewers constructed, streets sprinkled, 
 a fire and police department maintained, water and light 
 provided. Many of these things small rural communities 
 do without. 
 
 The county in its turn must build and maintain an ex- 
 tensive system of county roads, bridges, and drains, care 
 for the poor, hence the maintenance of the poorhouse and 
 poor farm. Most of the count)' officials must give their 
 full time to the county and must be paid adequate salaries. 
 The judges and district attorneys are paid out of the state 
 treasury. The state has many officials, who must be paid 
 for full time. It is seldom that the militia is called into 
 use, but at considerable expense it must be kept up so that 
 when it is needed it will be ready for service. Besides, 
 the state maintains several public institutions, such as the 
 
 1-9 
 
130 CIVIL GOVERNMENT OF UTAH 
 
 university, the Agricultural College, the Mental Hospital, 
 the School for the Deaf and Blind, the Industrial School, 
 and the State Prison, all of which require large sums for 
 maintenance. The public school system, too, is a charge, 
 in part, on the state. To support the foregoing, the state 
 is allowed to levy a total of eight mills on the dollar of 
 assessed valuation, three and one half of which go directly 
 to the common and high schools. The provision for all 
 other institutions and charges must come from four and 
 one half mills. 
 
 The simple mention of these numerous things, and many 
 more not mentioned, will easily convince any one of the 
 great need for money. The question arises, Why does the 
 state do these things and how does it secure the money ? 
 These expenditures are made by the public because the 
 desired object can be better accomplished bv all the people 
 acting together than by each person acting separately. In 
 fact, individual action in most cases would be impossible 
 and all must work in union to provide for the common 
 interests. In this case the common interest is represented 
 by the state government and its control and supervision. 
 
 The means by which the necessary money is secured is 
 known as taxation. The public officials whose duty it is 
 to care for the public welfare and make expenditures, 
 make an estimate of the money needed and report the 
 same to the tax officials. They in turn fix the percentage 
 necessary to raise the desired amount and apportion it 
 among those who are to pay it according to the property 
 owned. 
 
 The legislature has given the State Board of Equaliza- 
 tion authority to levy the state tax, which shall not exceed 
 eight mills. As already indicated, this money when col- 
 lected is divided as follows : three mills to common schools; 
 
TAXATION 131 
 
 one half mill to high schools ; and four and one half mills 
 to state expenses. 
 
 The Board of County Commissioners, the Board of City 
 Commissioners, the city councils, town boards, and the 
 various boards of education are authorized to make levies 
 to meet their requirements within the limitations fixed by 
 law. 
 
 The county commissioners can levy not to exceed five 
 mills on the dollar for general county purposes ; not to 
 exceed one mill on the dollar additional for the mainte- 
 nance and relief of the poor ; and not to exceed four mills 
 on the dollar for district school purposes. The city coun- 
 cil or Board of Commissioners may levy not to exceed five 
 mills on the dollar to defray contingent expenses ; not to 
 exceed ten mills on the dollar to purchase water sources, 
 streams and lands, and to construct waterworks ; not to 
 exceed five mills on the dollar to improve and repair the 
 streets and sidewalks ; not to exceed five mills to construct 
 and repair sewers and drains ; not to exceed ten mills on 
 the dollar to construct and maintain gas works, electric 
 light works, telephone lines, street railways, or bathhouses. 
 
 The city council and Board of Commissioners are au- 
 thorized, upon the petition of the owners of one third of 
 property fronting on a certain described district, to levy 
 special taxes for sidewalks, sewers, street paving, water 
 mains, etc., where the benefit derived goes chiefly to the 
 abutting property, or the city council or Board of Commis- 
 sioners may order the levy made for betterment improve- 
 ments, but may be prevented if the owners of two thirds 
 of the abutting property protest. The city is also author- 
 ized to collect licenses for the privileges of carrying on 
 various lines of business within its limits. 
 
 The town board may levy not to exceed one fourth of 
 
132 CIVIL GOVERNMENT OF UTAH 
 
 one per cent on the assessed valuation of the property, un- 
 less two thirds of the voters voting at a special election, 
 called for that purpose, shall vote a larger per cent, but in 
 no case can the tax exceed one half of one per cent. 
 
 The several boards of education are allowed to levy 
 taxes for the support of the schools under their charge. 
 In cities of the first and second class and consolidated dis- 
 tricts the board can levy eight mills for maintenance ; one 
 and one half mills for building and grounds ; and enough 
 additional to pay the interest and sinking fund, if there is 
 any bonded indebtedness. Anything above this can only 
 be levied by a special vote of the people. In school dis- 
 tricts outside of cities of the first and second class and 
 consolidated county districts the trustees are authorized to 
 levy not to exceed ten mills a year unless a larger levy 
 has been decided upon by the voters at a special election 
 called for that purpose. 
 
 The assessment of the property for all purposes is done 
 by the county assessor ; the collection of all taxes whether 
 for state, county, city, town, or school district is made by 
 the county treasurer. 
 
 QUESTIONS 
 
 What is a tax ? 
 
 Why is it necessary to levy and collect taxes ? 
 
 3. How is the amount of the levy determined ? 
 
 4. Who assesses the property ? 
 
 5. Who collects the taxes ? 
 
CHAPTER IX 
 PENAL AND CHARITABLE INSTITUTIONS 
 
 The only state penal institution is the state prison. It 
 is under the control of the board, as already described 
 (p. 74). The board appoints a warden of the prison, 
 whose duty gives him direct charge of the institution 
 and the prisoners. Whenever a man violates the law and 
 is brought before the state courts, he may, if the law so 
 provides, be sent to the state prison to pay the penalty for 
 doing wrong. Once there, he is made to obey very strict 
 rules and each night is made to sleep in an iron cell. The 
 law now provides that prisoners may be used to build pub- 
 lic roads. The chief aim in dealing with these unfortunate 
 men should be to reform them and to teach them to lead a 
 better life. 
 
 The School for the Deaf and Blind at Ogden is a state 
 charitable institution. It is under control of a board and a 
 superintendent. Those devoid of sight or unable to hear 
 are very unfortunate, and the state very properly has under- 
 taken to care for them and to provide means to educate 
 them. Many of them, after years of proper training, become 
 able to help themselves considerably. The chief purpose, 
 however, is to enable them, even though defective in their 
 senses, to enjoy life. 
 
 State Mental Hospital. — The State Mental Hospital, or 
 insane asylum, is located at Provo and is under a board of 
 control. The purpose of the institution is to provide and 
 care for those unfortunates who have lost their reason. The 
 
 123 
 
134 CIVIL GOVERNMENT OF UTAH 
 
 aim is, if possible, to restore the reason by proper psycho- 
 logical and medical treatment, but if this fails, to give them 
 the best possible care under the circumstances. Insanity 
 is an illness and should be treated as such. 
 
 QUESTIONS 
 
 i 
 
 1. Why should the state maintain a penal institution ? 
 
 2. What should be the aim of those in charge of men and women in 
 a penal institution ? 
 
 3. Why should the state maintain the Mental Hospital and the 
 School for the Deaf and Blind ? 
 
CHAPTER X 
 POLITICAL PARTIES 
 
 In all countries having free government, where men are 
 supposed to think, there is bound to be a difference of 
 opinion as to how the state should conduct its affairs. 
 Many persons are liberal or progressive in their ideas, 
 while others are conservative. For this reason they will 
 naturally fall into two large groups. Outside of these 
 there will be many citizens who will not join either of the 
 larger groups, but form into smaller groups for the pro- 
 motion of some special reform. These several groups 
 either take on or are given a name and are then known 
 as political parties. Parties are necessary in popular gov- 
 ernment. They are the means by which the voters get 
 together, and gain control of the government, express their 
 will, and enact their ideas into law. Very often the small 
 parties have great influence in forcing the larger parties 
 to adopt the particular reforms for which they stand in 
 order to get their support. 
 
 Parties are a good, if wisely managed, but it is well 
 to remember that they may become very corrupt, and the 
 only safeguard against political corruption is a wide-awake 
 citizenship and a strong opposition party. Many persons, 
 particularly the active political workers, become strongly 
 biased against their political opponents. Their prejudice 
 is often carried to such an extent that it enters into all 
 the affairs of life. An important thing to remember is 
 that the average American, no difference to what party 
 
 i3S 
 
136 CIVIL GOVERNMENT OF UTAH 
 
 he may belong, is a good man. Every American citizen 
 should have a high ideal of the right. He should at all 
 times act independently upon his own conviction ; and 
 having done so, should freely accord to every other indi- 
 vidual the same right, and it should not in the least change 
 his opinion or affect his attitude toward his fellow citizen. 
 The evils of party government begin to appear when party 
 managers try to make use of the party for private use or 
 personal advancement. In order to accomplish this, they 
 attempt to convince the voters that patriotism and parti- 
 sanism are the same and that loyalty to the party and to 
 the state are the same thing. They are by no means the 
 same, and very often, where corrupt men are strongly in- 
 trenched in the control of the party, a revolt is the only 
 method that will cause the party to cleanse itself or remove 
 the evil. These evils creep into party control very fre- 
 quently through the indifference of many of the people in 
 the affairs of government or of the nonparticipation of a 
 class of citizens who feel that they are too good to mingle 
 in politics. 
 
 Before the adoption of the Constitution the people of the 
 United States had divided into national political parties, 
 and such divisions have continued down to the present. 
 The national political parties have also extended into the 
 states and even into the cities and villages, until national 
 divisions now govern in the most trivial matters. Just why 
 a man's belief in protection or free trade or the possession 
 of the Philippine Islands should enter into the election 
 of a county commissioner or school trustee is impossible 
 to explain, except on the ground that in order to win 
 national elections, the political machinery must be kept in 
 operation and the voters lined up. It must be, however, 
 borne in mind that for the average citizen it is much easier 
 
POLITICAL PARTIES 137 
 
 to align himself with a party and remain there than it is 
 to realign himself with a new party for every subdivision 
 of our government. In most foreign nations the national 
 parties do not control in local elections. Voters divide locally 
 according to their position in respect to the question before 
 them for decision, national parties being entirely ignored. 
 
 The temporary success of any political party depends 
 in a large measure upon the completeness and efficiency of 
 its organization. In the long run, however, any party to 
 retain the confidence of the public must make its primary 
 purpose the service of the people. To do this, it must be 
 under the leadership of strong, capable, honest men, who 
 aim to make it progressive and to keep it free from corrup- 
 tion. If this policy is pursued, the young voters will join 
 it, and the old members of the organization will remain its 
 enthusiastic supporters. Too often, for temporary advan- 
 tage, the opposite policy is pursued and the party organi 
 zation becomes merely a means for securing both elective 
 and appointive offices for its followers. Under these cir- 
 cumstances the party machinery usually falls into the hands 
 of a boss or a group of office-holders whose purpose is to 
 exploit the government for the benefit of themselves and 
 their political friends. When this is done, the party soon 
 loses the confidence of the public and can retain the control 
 of the government by corrupt methods only. It is the real 
 object of all party organization to bring about good govern- 
 ment and when it fails, it has no reason for existence. 
 
 The organization may be divided into two general divi- 
 sions, the primary and conventions and the committees. 
 The people in the primaries and conventions nominate the 
 ticket and elect the managing committees. These commit- 
 tees when elected manage the election campaigns. The 
 primary is a meeting of the voters in a ward or precinct 
 
138 CIVIL GOVERNMENT OF UTAH 
 
 for the nomination of candidates to fill the local offices to 
 be voted upon by the people at the next election and also 
 for the election of delegates to a convention. The primary 
 is the most important and at the same time the weakest 
 part of the American political machinery. It is the most 
 important because it is here that the delegates are chosen 
 who shape the policy of the party and at the same time 
 place men in nomination for all the more important offices, 
 and good government depends more on good men than on 
 any party. If the primaries are left in the hands of politi- 
 cians in both parties it is next to impossible for the people 
 to control, for it does not matter which ticket they vote, 
 they get the same class of men. All that is left in that 
 event is the choice of two evils. 
 
 At the best it is difficult for the average citizen to con- 
 trol in a primary. He usually goes there with no pre- 
 arranged plan, whereas the politician aims to control 
 through his friends. He is careful to see that they are all 
 there on time and in sufficient numbers to have a majority 
 in the meeting and to elect the delegates which in most 
 cases, have been previously agreed upon. 
 
 The only avenue then left is revolt against all parties, 
 which is exceedingly difficult. If so mam' of the so-called 
 better citizens would come out and attend the primary, it 
 would give, them the control and not leave it in the hands 
 of men who operate it for their own personal gain. It is 
 useless to complain when all is over; the best place to 
 improve conditions is at the primary. 
 
 To overcome the evils which have developed in the 
 primary, many states are enacting primary election laws, 
 which provide for a preelection to determine who shall be 
 the candidates for the respective parties. It aims to do 
 away with the need of primaries and conventions and 
 
POLITICAL PARTIES 139 
 
 places the matter right up to the citizens to decide by vote 
 which persons they want to represent them at the regular 
 election. We have this system, as has been already 
 described, in cities of the first and second class. 
 
 The convention is a meeting of the delegates elected at 
 the several primaries for the purpose of nominating candi- 
 dates for public office and, in many cases, electing, from its 
 own body, other delegates to, perhaps, state or national con- 
 ventions. For it should be borne in mind that it is at 
 a convention that the President of the United States is 
 nominated, as well as Congressmen, governors, district 
 judges, and attorneys and county officers. The national, 
 state, county, and city conventions usually adopt platforms 
 outlining the policy of the party. 
 
 The proper management of the primaries and conven- 
 tions is a very important matter if the nomination and elec- 
 tion of good, competent men are to be secured for public 
 office. The management of the campaign preceding the 
 election, and the selection of proper committees, is very 
 essential if the party hopes to be successful. 
 
 There are also permanent organizations lasting from one 
 campaign to another. The national committee to conduct 
 the presidential campaign is elected by the national conven- 
 tion, but the members from the respective states are named 
 by the delegation at the convention from the particular state. 
 The national committee, in connection with the presidential 
 candidate, names the national party chairman. The dele- 
 gates to the state convention are usually selected by county 
 convention or by primaries. When it is thought best to 
 use the primaries instead of holding a convention, the 
 delegates are distributed among the precincts according to 
 population. The state convention elects a state committee 
 to conduct the state campaign, but the members from the 
 
140 CIVIL GOVERNMENT OF UTAH 
 
 respective counties are really named by the delegation in 
 attendance from that county. The state committee when 
 formed elects a state chairman and he appoints an execu- 
 tive committee. In the county the county convention itself 
 may select the chairman of the several precincts of the 
 county. The chairman appoints an executive committee. 
 The chairmen of the several districts of the city constitute 
 the city committee, which usually selects a chairman, who 
 appoints his executive committee. The success of the 
 election depends in a large measure upon the energy and 
 ability shown by the members of the party and in securing 
 the floating vote. This is done by speeches, parades, the 
 organization of clubs, and sometimes by the corrupt practice 
 of purchasing votes. The last-named method should meet 
 with the strong disapproval of every honest citizen, because 
 democratic institutions can only succeed by honesty at the 
 ballot box and efficiency in office. 
 
 Nomination by petition may be made whenever the re- 
 quired number of names can be secured by any one who 
 desires to become a candidate for office. It is frequently 
 resorted to when the nominees of both parties are so objec- 
 tionable that it is felt that an independent candidate can win. 
 
 QUESTIONS 
 
 1. Why do we have more than one party ? 
 
 2. Is it right to become strongly partisan ? 
 
 3. Should a party be used to gain personal ends ? 
 
 4. Is a revolt against a party ever justified ? 
 
 5. What effect has an organization upon the success of a party ? 
 
 6. What is the main reason for a party ? 
 
 7. What is a primary ? a convention ? 
 
 8. What is the work of the party committees ? 
 
 9. Why is the primary so important ? 
 
 10. 1 low are candidates nominated by petition ? 
 
CHAPTER XI 
 REGISTRATION AND ELECTIONS 
 
 The county commissioners constitute a board for the 
 appointment of registration officers. The law requires 
 that it appoint one registration officer for each voting 
 district who is of the same political faith as the majority of 
 the voters in that district at the last congressional election. 
 On certain days specified by law the registration agent 
 must keep his office open for the registration of persons 
 whose names are not already on the list. All persons who 
 expect to vote must register. Voters must also be natural- 
 ized or native-born citizens of the United States and twenty- 
 one years of age. Furthermore, the law requires that 
 citizens must have been residents of the state one year, of 
 the county four months, and of the precinct sixty days 
 immediately preceding the election before they can register, 
 that is, sign a blank to that effect with the registrar. 
 None but registered citizens can vote. 
 
 Australian Ballot. — The old form of voting allowed 
 each party to furnish its own ballot and many times the 
 ballots were printed on the brightest paper to be found, 
 the object being to see how the person voted. By the 
 Australian system now in use in the state the ballots are 
 all official and prepared by the county clerk. The names 
 of all persons nominated by a party or upon petition are 
 properly printed upon the ballot. Besides these, there is 
 a space left vacant for the voter to write in any new name 
 he may wish to vote for. In case it is a city or town elec- 
 
142 
 
 CIVIL GOVERNMENT OF UTAH 
 
 tion, the city recorder or the town clerk prepares the ballots, 
 the same as the county clerk does for the general election. 
 The names of all the candidates are placed on one ballot. 
 
 All elections, except school and special elections, are held 
 on the first Tuesday after the first Monday in November. 
 The national and state elections come on the even num- 
 bered years (i.e. 1908, 1912, 1916) while the city and 
 town elections come on the odd-numbered years (i.e. 1909, 
 191 1, 191 3). The school elections in the cities and consoli- 
 dated districts are held in December in the even-numbered 
 years and in July every year in the districts. The county 
 clerk, the city recorder, or the town clerk must give proper 
 notice of an election. 
 
 The Board of County Commissioners divides the county 
 into election districts and selects a suitable room for voting 
 purposes. In cities the districts are created by the city 
 council and in towns by the town board. In all general 
 elections three judges are appointed by the county com- 
 missioners. The part of the room occupied by the judges 
 must be separated from the other part of the room by a 
 rail, within which inclosure no one is allowed except the 
 judges, the inspectors, and those who are there for the pur- 
 pose of voting. Loafers must remain a hundred feet from 
 the polls. Sufficient voting booths must be provided for 
 the voters. They must be so arranged that the voter can 
 enter and secretly mark his ballot. At the same time the 
 construction must be such as to allow the judges to see 
 that there is not more than one person in each booth at a 
 time. 
 
 The polls are open from seven in the morning until 
 seven in the evening. When a voter enters the poll room 
 he announces his name to one of the judges of election, who 
 immediately finds if the person is properly registered. If 
 
REGISTRATION AND ELECTIONS 143 
 
 he is, the presiding judge hands him a ballot, which he 
 takes into one of the unoccupied booths and marks. If 
 he desires to vote a " straight ticket," he can place a cross 
 (X) in a circle beneath the party emblem. If on the con- 
 trary, he desires to vote for persons upon different tickets 
 or a "scratched ticket" he must place a cross in the 
 square by the name of each person voted for. If the voter 
 is unable to mark his ticket, he may secure the assistance 
 of two of the judges of election. Both, however, must not 
 belong to the same party. In case the person cannot 
 speak English, two persons of different parties may be 
 sworn in to act as interpreters. The ballot must be care- 
 fully folded before leaving the booth and returned to the 
 presiding judge of election, who calls out the stub number 
 to see if it corresponds to the number entered in the poll 
 book when the ballot was handed to the voter ; if it does, 
 the judge tears off the stub from the ballot and returns it 
 to the voter, who, in full presence of all the judges, deposits 
 it in the ballot box. The presiding judge now calls out 
 the name of the individual and the word " voted." The 
 name is then properly checked so that the same person 
 cannot cast two ballots at the same election. The voter is 
 now supposed to leave the room. 
 
 To prevent unqualified persons from voting, each party 
 is permitted one watcher inside the railing and challengers 
 on the outside. If a person who is attempting to vote is 
 disqualified, they are supposed to challenge his vote and 
 the judges will have to pass upon it there and then. There 
 is a heavy punishment for illegal voting. 
 
 As soon as the polls are closed, the judges are required 
 to canvass the ballots. They must first count the number 
 of ballots in the box, and if they correspond in number with 
 the number of persons who voted, then they must count the 
 
i 4 4 CIVIL GOVERNMENT OF UTAH 
 
 votes cast for each candidate and enter the same on a sheet 
 of paper commonly called a tally sheet provided for the 
 purpose. If there is an excess of ballots in the box, they 
 must be carefully examined to see if any fraudulent ones 
 can be found. If they are discovered, they must be re- 
 jected. If none can be found, or if after they have been 
 and are rejected and there is still an excess, one of the 
 judges in the presence of the others must draw from the 
 box a sufficient number to make the number of voters and 
 ballots even. The ballots shall then be counted as described 
 in the first part of the paragraph. 
 
 When the ballots are counted, they are carefully strung 
 on a string, placed in a strong envelope and sealed up. 
 Defective, fraudulent, or excess ballots are placed on a 
 separate string. One tally sheet, one poll book, an official 
 register, list of persons challenged, certificates of registration 
 and oath of judges properly signed and certified must be 
 sealed in a large envelope and together with the ballots be 
 delivered within twenty-four hours to the county clerk, city 
 recorder, or town clerk. The ballots are retained by the 
 clerk one year and then destroyed. 
 
 The Board of County Commissioners is ex officio a board 
 of canvassers in the case of an election of the county and 
 must at noon on the Monday following the election meet 
 and canvass the returns. The county clerk is clerk of the 
 Board of Canvassers. If the returns are not all in, the 
 board must adjourn from day to day until they are all in. 
 If at the end of the seventh day the returns have not 
 reached the clerk, he is required to send a special messenger 
 to secure them and to pay him out of the county funds. 
 When the canvass is complete, the person receiving the 
 highest number of votes is declared elected by the board, 
 and the county clerk is required to deliver to such per- 
 
REGISTRATION AND ELECTIONS 145 
 
 son a certificate of election signed by him with his seal 
 upon it. 
 
 The clerk is then required to make a certified abstract 
 of the " election returns " for all matters pertaining to the 
 state at large and forward the same to the secretary of 
 state. On the fourth Monday of November after the day 
 of election the State Board of Canvassers, consisting of the 
 state auditor, state treasurer, and attorney-general, must 
 meet in the office of the secretary of state, who acts as 
 secretary of the board and makes a canvass of the returns 
 for the whole state, or if the election is for two or more 
 counties, but less than the whole state, then for such a 
 district, i.e. judicial district, the board must declare the 
 person having the highest number of votes elected and 
 the secretary of state shall issue him a certificate. If the 
 secretary of state is elected to succeed himself, his certifi- 
 cate must be issued by the State Board of Canvassers. 
 
 In elections held by cities, towns, and school districts the 
 city council, the town board, or the school board appoints 
 the judges, canvasses the returns and the recorder or clerk 
 of the respective bodies issues the certificate following the 
 procedure outlined for county and state elections. 
 
 As already stated, upon the purity of its election and the 
 efficiency and integrity of its officials depends the success 
 of democratic institutions. For this reason the state has 
 provided for the sacredness of the ballot. In addition to 
 adopting the Australian ballot, it has made every attempt 
 to interfere by way of giving or receiving a bribe, riot, 
 intimidation, fraud, forgery, altering or destroying election 
 returns, betting, or drunkenness a serious crime against the 
 state, punishable by fine and imprisonment. The purpose 
 of these regulations is to allow every person to cast his 
 vote without let or hindrance as his conscience dictates. 
 
146 CIVIL GOVERNMENT OF UTAH 
 
 Any interference in any way with the privilege granted to 
 the citizen is a blow at the foundation of the state and 
 should call forth the strong arm of the state to repel it. 
 
 Any citizen may contest the election of any person to 
 public office for fraud, malconduct, corruption, bribery, il- 
 legal voting, error by the board of canvassers in counting 
 the voting, etc. The contest must be filed with the clerk 
 of the district court within forty days after the first Mon- 
 day following the election. The charge must give the 
 name of the person whose right is contested, the office and 
 the grounds of the contest. The judge of the district court 
 shall then fix a day and hear the case. If an inspection of 
 the ballots is necessary, the judge may order the proper 
 officer to produce the same in court when the judge will 
 open the envelopes in the presence of the contestants and 
 their attorneys and inspect them. From all the evidence 
 produced the judge is to declare the person having the 
 highest number of legal votes elected. 
 
 QUESTIONS 
 
 1. What is meant by registration ? 
 
 2. Why are voters required to register ? 
 
 3. Why does the law require a residence of some months in the 
 precinct, county, and state before a citizen is allowed to register ? 
 
 4. What is the chief advantage of the Australian ballot ? 
 
 5. When are the general elections held ? 
 
 6. Who are in control of the elections ? 
 
 7. How many votes are required to elect ? 
 
 8. Should elections be honestly conducted ? Why ? 
 
APPENDIX 
 STATE OFFICERS 
 
 Elected by the People for Four Years 
 
 SALARIES 
 
 Governor $6000 
 
 Secretary of State 4000 
 
 State Auditor 3000 
 
 State Treasurer 2500 
 
 Attorney-General 4000 
 
 State Superintendent of Public Instruction 3000 
 
 Judge of the Supreme Court, each 5000 
 
 District Judge, each 4000 
 
 District Attorney, first, fourth, fifth, sixth, seventh districts . . . 1500 
 
 District Attorney, Third District 3000 
 
 District Attorney, Second District 2000 
 
 Appointed by the Governor with the Approval of the Senate 
 
 Adjutant General $ 1500 
 
 Assistant Adjutant General 600 
 
 Captain 200 
 
 Lieutenant (First) 200 
 
 Lieutenant (Second) 150 
 
 1 State Engineer (4) 3000 
 
 Fish and Game Commissioner (4) 1S00 
 
 State Bank Examiner (2) 1800 
 
 Insurance Commissioner (2) 2500 
 
 Food and Dairy Commissioner (2) 1500 
 
 Coal Mine Inspector (4) 2000 
 
 State Chemist (2) 2000 
 
 State Horticultural Inspector (2) 1S00 
 
 State Veterinarian (2) 1S00 
 
 Commissioner of Immigration (2) 1S00 
 
 Bank Commissioner (4) 2500 
 
 1 Figure in parentheses after position indicates the length of the term in years. 
 
 147 
 
148 CIVIL GOVERNMENT OF UTAH 
 
 Members of the Land Hoard, each (2) $1500 
 
 Secretary of Land Board (2) 1800 
 
 State Board of Equalization, each (4) 1500 
 
 Chief Clerk of Board of Equalization (4) 1800 
 
 Sheep Commissioners, each (4) 500 
 
 Appointed by f/ie Governing Boards for One Year 
 
 President of the University of Utah $5000 
 
 President of the Agricultural College of Utah 5000 
 
 Superintendent of the State School for the Deaf and the Blind . 3000 
 
 Superintendent of the Mental Hospital 2700 
 
 Superintendent of the State Industrial School 2400 
 
 Board of Health (Secretary) 2000 
 
 Warden of the State Prison 2500 
 
CONSTITUTION OF THE STATE OF UTAH 
 
 PREAMBLE 
 
 Grateful to Almighty God for life and liberty, we, the people of Utah, 
 in order to secure and perpetuate the principles of free government, do 
 ordain and establish this 
 
 CONSTITUTION 
 
 ARTICLE I 
 
 DECLARATION OF RIGHTS 
 
 Section 1. Inherent and inalienable rights. All men have the inher- 
 ent and inalienable right to enjoy and defend their lives and liberties; to 
 acquire, possess and protect property; to worship according to the dictates 
 of their consciences ; to assemble peaceably, protest against wrongs, and 
 petition for redress of grievances ; to communicate freely their thoughts 
 and opinions, being responsible for the abuse of that right. 
 
 Sec. 2. All political power inherent in the people. All political power 
 is inherent in the people ; and all free governments are founded on 
 their authority for their equal protection and benefit, and they have the 
 right to alter or reform their government as the public welfare may re- 
 quire. 
 
 Sec. 3. Utah inseparable from the Union. The State of Utah is an in- 
 separable part of the Federal Union and the Constitution of the United 
 States is the supreme law of the land. 
 
 Sec. 4. Religious liberty. The rights of conscience shall never be in- 
 fringed. The State shall make no law respecting an establishment of 
 religion or prohibiting the free exercise thereof; no religious test shall be 
 required as a qualification for any office of public trust or for any vote at 
 any election ; nor shall any person be incompetent as a witness or juror on 
 account of religious belief or the absence thereof. There shall be no 
 union of Church and State, nor shall any church dominate the State or in- 
 
 149 
 
150 CONSTITUTION OF UTAH 
 
 terfere with its functions. No public money or property shall be appro- 
 priated for or applied to any religious worship, exercise or instruction, or 
 for the support of any ecclesiastical establishment. No property qualifi- 
 cation shall be required of any person to vote or hold office, except as 
 provided in this Constitution. 
 
 Sec. 5. Habeas Corpus. The privilege of the writ of habeas corpus shall 
 not be suspended, unless, in case of rebellion or invasion, the public safety 
 requires it. 
 
 Sec. 6. Right to bear arms. The people have the right to bear arms for 
 their security and defense, but the Legislature may regulate the exercise 
 of this right by law. 
 
 Sec. 7. Due process of law. No person shall be deprived of life, liberty 
 or property, without due process of law. 
 
 Sec. 8. Offenses bailable. All prisoners shall be bailable by sufficient 
 sureties, except for capital offenses when the proof is evident or the pre- 
 sumption strong. 
 
 Sec. 9. JSxcessive bail and fines. Cruel punishments. Excessive bail 
 shall not be required; excessive fines shall not be imposed; nor shall 
 cruel and unusual punishments be inflicted. Persons arrested or impris- 
 oned shall not be treated with unnecessary rigor. 
 
 Sec. 10. Trial by jury. In capital cases the right of trial by jury shall 
 remain inviolate. In courts of general jurisdiction, except in capital cases, 
 a jury shall consist of eight jurors. In courts of inferior jurisdiction a 
 jury shall consist of four jurors. In criminal cases the verdict shall be 
 unanimous. In civil cases three-fourths of the jurors may find a verdict. 
 A jury in civil cases shall be waived unless demanded. 
 
 Sec. 11. Courts open. Redress of injuries. All courts shall be open, and 
 every person, for an injury done to him in his person, property or reputa- 
 tion, shall have remedy by due course of law, which shall be administered 
 without denial or unnecessary delay; and no person shall be barred from 
 prosecuting or defending before any tribunal in this State, bv himself or 
 counsel, any civil cause to which he is a party. 
 
 Sec. 12. Rights of accused persons. In criminal prosecutions the accused 
 shall have the right to appear and defend in person and by counsel, to 
 demand the nature and cause of the accusation against him, to have a copy 
 thereof, to testify in his own behalf, to be confronted by the witnesses 
 against him, to have compulsory process to compel the attendance of 
 witnesses in his own behalf, to have a speedy public trial by an impartial 
 jury of the county or district in which the offense is alleged to have been 
 committed, and the righl to appeal in all cases. In no instance shall any 
 accused person, before final judgment, be compelled to advance money or 
 
CONSTITUTION OF UTAH 151 
 
 fees to secure the rights herein guaranteed. The accused shall not be 
 compelled to give evidence against himself; a wife shall not be compelled 
 to testify against her husband, nor a husband against his wife, nor shall any 
 person be twice put in jeopardy for the same offense. 
 
 Sec. 13. Prosecution by information or indictment. Grand jury- Offenses 
 heretofore required to be prosecuted by indictment, shall be prosecuted by 
 information after examination and commitment by a magistrate, unless the 
 examination be waived by the accused with the consent of the State, or by 
 indictment, with or without such examination and commitment. The grand 
 jury shall consist of seven persons, five of whom must concur to find an 
 indictment; but no grand jury shall be drawn or summoned unless in the 
 opinion of the judge of the district, public interest demands it. 
 
 Sec. 14. Unreasonable searches forbidden. Issuance of warrant. The 
 right of the people to be secure in their persons, houses, papers and 
 effects against unreasonable searches and seizures shall not be violated ; 
 and no warrant shall issue but upon probable cause supported by oath or 
 affirmation, particularly describing the place to be searched, and the per- 
 son or thing to be seized. 
 
 Sec. 15. Freedom of speech and of the press. Libel. No law shall be 
 passed to abridge or restrain the freedom of speech or of the press. In 
 all criminal prosecutions for libel the truth may be given in evidence to the 
 jury; and if it shall appear to the jury that the matter charged as libelous 
 is true, and was published with good motives, and for justifiable ends, the 
 party shall be aquitted ; and the jury shall have the right to determine the 
 law and the fact. 
 
 Sec. 16. No imprisonment for debt. Exception. There shall be no im- 
 prisonment for debt except in such cases of absconding debtors. 
 
 Sec. 17. Elections to be free. Soldiers voting. All elections shall be free, 
 and no power, civil or military, shall at any time interfere to prevent the 
 free exercise of the right of suffrage. Soldiers, in time of war, may vote 
 at their post of duty, in or out of the State, under regulations to be pre- 
 scribed by law. 
 
 Sec. 18. Attainder. Ex post facto laws. Impairing contracts. No bill 
 of attainder, ex post facto law, or law impairing the obligation of contracts 
 shall be passed. 
 
 Sec. 19. Treason defined. Proof. Treason against the State shall con- 
 sist only in levying war against it, or in adhering to its enemies or in 
 giving them aid and comfort. No person shall be convicted of treason 
 unless on the testimony of two witnesses to the same overt act. 
 
 Sec. 20. Military subordinate to the civil power. The military shall be in 
 strict subordination to the civil power, and no soldier, in time of peace, 
 
152 CONSTITUTION OF UTAH 
 
 shall be quartered in any house without the consent of the owner; nor in 
 time of war except in a manner to be prescribed by law. 
 
 Sec. 21. Slavery forbidden. Neither slavery nor involuntary servitude, 
 except as a punishment for crime, whereof the party shall have been duly 
 convicted, shall exist within this State. 
 
 Sec. 22. Private property for public use. Private property shall not be 
 taken or damaged for public use without just compensation. 
 
 Sec. 23. Irrevocable franchises forbidden. No law shall be passed grant- 
 ing irrevocably any franchise, privilege or immunity. 
 
 Sec. 24. Ihtifonn operation of laws. All laws of a general nature shall 
 have uniform operation. 
 
 Sec. 25. Rights retained by people. This enumeration of rights shall not 
 be construed to impair or deny others retained by the people. 
 
 Sec. 26. Provisions mandatory and prohibitory. The provisions of this 
 Constitution are mandatory and prohibitory, unless by express words they 
 are declared to be otherwise. 
 
 Sec. 27. Fundamental rights. Frequent recurrence to fundamental prin- 
 ciples is essential to the security of individual rights and the perpetuity of 
 free government. 
 
 ARTICLE II 
 STATE BOUNDARIES 
 
 Section 1. State boundaries. The boundaries of the State of Utah shall 
 be as follows : 
 
 Beginning at a point formed by the intersection of the thirtv-second 
 degree of longitude west from Washington with the thirty-seventh degree 
 of north latitude; thence due west along said thirtv-seventh degree of 
 north latitude to the intersection of the same with the thirtv-seventh 
 degree of longtitude west from Washington ; thence due north along said 
 thirty-seventh degree of west longitude to the intersection of the same 
 with the forty-second degree of north latitude ; thence due east along said 
 forty-second degree of north latitude to the intersection of the same with 
 the thirty-fourth degree of longitude west from Washington ; thence due 
 south along said thirty-fourth degree of west longitude to the intersection 
 of the same with the forty-first degree of north latitude ; thence due east 
 along said forty-first degree of north latitude to the intersection of the 
 same with the thirty-second degree of longitude west from Washington ; 
 thence due south along said thirty-second degree of west longitude to the 
 place of beginning. 
 
CONSTITUTION OF UTAH 153 
 
 ARTICLE III 
 
 ORDINANCE 
 
 The following ordinance shall be irrevocable without the consent of the 
 United States and the people of this State : 
 
 Religious toleration. Polygamy forbidden. First: Perfect toleration of 
 religious sentiment is guaranteed. No inhabitant of this State shall ever 
 be molested in person or property on account of his or her mode of 
 religious worship ; but polygamous or plural marriages are forever pro- 
 hibited. 
 
 Right to public domain disclaimed. Taxation of lauds. Exemptions. 
 Second : The people inhabiting this State do affirm and declare that 
 they forever disclaim all right and title to the unappropriated public lands 
 lying within the boundaries hereof, and to all lands lying within said limits 
 owned or held by any Indian or Indian tribes, and that until the title 
 thereto shall have been extinguished by the United States, the same shall 
 be and remain subject to the disposition of the United States, and said 
 Indian lands shall remain under the absolute jurisdiction and control of the 
 Congress of the United States. The lands belonging to citizens of the 
 United States, residing without this State shall never be taxed at a higher 
 rate than the lands belonging to residents of this state ; nor shall taxes be 
 imposed by this State on lands or property herein, belonging to or which 
 may hereafter be purchased by the United States or reserved for its use ; 
 but nothing in this ordinance shall preclude this State from taxing, as other 
 lands are taxed, any lands owned or held by any Indian who has severed 
 his tribal relations, and has obtained from the United States or from any 
 person, by patent or other grant, a title thereto, save and except such 
 lands as have been or may be granted to any Indian or Indians under any 
 act of Congress, containing a provision exempting the lands thus granted 
 from taxation, which last mentioned lands shall be exempt from taxation 
 so long, and to such extent, as is or may be provided in the act of Congress 
 granting the same. 
 
 Territorial debts assumed. Third: All debts and liabilities of the Terri- 
 tory of Utah, incurred by authority of the Legislative Assembly thereof, 
 are hereby assumed and shall be paid by this State. 
 
 Free, non-sectarian schools. Fourth : The Legislature shall make laws 
 for the establishment and maintenance of a system of public schools, which 
 shall be open to all the children of the State, and be free from sectarian 
 control. 
 
154 CONSTITUTION OF UTAH 
 
 ARTICLE IV 
 
 ELECTIONS AND RIGHT OF SUFFRAGE 
 
 Section 1. Equal political rights. The rights of citizens of the State of 
 Utah to vote and hold office shall not be denied or abridged on account of 
 sex. Both male and female citizens of this State shall enjoy equally all 
 civil, political and religious rights and privileges. 
 
 Sec. 2. Qualifications to vote. Every citizen of the United States, of the 
 age of twenty-one years and upwards, who shall have been a citizen for 
 ninety days, and shall have resided in the State or Territory one year, in 
 the county four months, and in the precinct sixty days next preceding any 
 election, shall be entitled to vote at such election except as herein other- 
 wise provided. 
 
 Sec. 3. Electors: immunity from arrest. In all cases except those of 
 treason, felony or breach of the peace, electors shall be privileged from 
 arrest on the days of election, during their attendance at elections, and 
 going to and returning therefrom. 
 
 Sec. 4. Id. From militia duty. No elector shall be obliged to perform 
 militia duty on the day of election except in time of war or public danger. 
 
 Sec. 5. Electors to be citizens of U. S. No person shall be deemed a 
 qualified elector of this State unless such person be a citizen of the United 
 States. 
 
 Sec. 6. Certain criminals, etc., ineligible to vote. No idiot, insane person 
 or person convicted of treason, or crime against the elective franchise, un- 
 less restored to civil rights, shall be permitted to vote at any election, or be 
 eligible to hold office in this State. 
 
 Sec. 7. Property qualifications forbidden, when. Except in elections levy- 
 ing a special tax or creating indebtedness, no property qualification shall 
 be required for any person to vote or hold office. 
 
 Sec. 8. Ballot to be secret. All elections shall be by secret ballot. Noth- 
 ing in this section shall be construed to prevent the use of any machine or 
 mechanical contrivance for the purpose of receiving and registering the 
 votes cast at any election : Provided, That secrecy in voting be preserved. 
 
 Sec, 9. /■'.lections, when held. Terms begin, when. All general elections, 
 except for municipal and school officers, shall be held On the Tuesday next 
 following the first Monday in November of the year in which the election 
 is held. Special elections may be held as provided by law. The terms of 
 all officers elected at any general election shall commence on the first 
 Monday in January next following the date of their election. Municipal 
 and School officers shall be elected at such time as may be provided by law. 
 
CONSTITUTION OF UTAH 155 
 
 Sec, 10. Oath of office. All officers made elective or appointive by this 
 Constitution or by the laws made in pursuance thereof, before entering 
 upon the duties of their respective offices, shall take and subscribe the 
 following oath or affirmation : " I do solemnly swear (or affirm) that I will 
 support, obey and defend the Constitution of the United States and the 
 Constitution of this State and that I will discharge the duties of my office 
 with fidelity." 
 
 ARTICLE V 
 
 DISTRIBUTION OF POWERS 
 
 Section 1. Three departments of government. The powers of the govern- 
 ment of the State of Utah shall be divided into three distinct departments, 
 the Legislative, the Executive, and the Judicial ; and no person charged 
 with the exercise of powers properly belonging to one of these departments, 
 shall exercise any functions appertaining to either of the others, except in 
 the cases herein expressly directed or permitted. 
 
 ARTICLE VI 
 
 LEGISLATIVE DEPARTMENT 
 
 Section 1. Power vested in senate arid house. The Legislative power of 
 this State shall be vested in a Senate and House of Representatives, which 
 shall be designated The Legislature of the State of Utah. 
 
 Sec. 2. Time of regular sessions. Regular Sessions of the Legislature 
 shall be held biennially at the seat of government ; and, except the first 
 session thereof, shall begin on the second Monday in January next after 
 the election of members of the House of Representatives. 
 
 Sec. 3. Members, how and when chosen. The members of the House of 
 Representatives, after the first election, shall be chosen by the qualified 
 electors of the respective representative districts, on the first Tuesday after 
 the first Monday in November, 1896, and biennially thereafter. Their 
 term of office shall be two years, from the first day of January next after 
 their election. 
 
 Sec. 4. Senators, how and when chosen. The senators shall be chosen 
 by the qualified electors of the respective senatorial districts, at the same 
 times and places as members of the House of Representatives, and their 
 term of office shall be four years from the first day of January next after 
 their election : Provided, That the senators elected in 1896 shall be divided 
 by lot into two classes as nearly equal as may be ; seats of senators of the 
 first class shall be vacated at the expiration of two years, and those of the 
 
156 CONSTITUTION OF UTAH 
 
 second class at the expiration of four years; so that one half, as nearly as 
 possible, shall be chosen biennially thereafter. In case of increase in the 
 number of senators, they shall be annexed by lot to one or the other of the 
 two classes, so as to keep them as nearly equal as practicable. 
 
 SEC. 5. Who eligible as legislator. No person shall be eligible to the office 
 of senator or representative, who is not a citizen of the United States, 
 twenty-five years of age, a qualified voter in the district from which he is 
 chosen, a resident for three years of the State, and for one year of the 
 district from which he is elected. 
 
 Sec. 6. Who ineligible. No person holding any public office of profit or 
 trust under authority of the United States, or of this State, shall be a mem- 
 ber of the Legislature : Provided, That appointments in the State Militia, 
 and the offices of notary public, justice of the peace, United States com- 
 missioner, and postmaster of the fourth class, shall not, within the meaning 
 of this section, be considered offices of profit or trust. 
 
 Sec. 7. Ineligibility of member to office created, etc. No member of the 
 Legislature, during the term for which he was elected, shall be appointed 
 or elected to any civil office of profit under this State, which shall have 
 been created, or the emoluments of which shall have been increased, during 
 the term for which he was elected. 
 
 Sec. 8. Privilege from arrest. Members of the Legislature, in all cases 
 except treason, felony or breach of the peace, shall be privileged from arrest 
 during each session of the Legislature, for fifteen days next preceding each 
 session, and in returning therefrom ; and for words used in any speech or 
 debate in either house, they shall not be questioned in any other place. 
 
 Sec. 9. Compensation of members. The members of the Legislature 
 shall receive such per diem and mileage as the Legislature may provide, 
 not exceeding four dollars per day, and ten cents per mile for the distance 
 necessarily traveled going to and returning from the place of meeting on 
 the most usual route, and they shall receive no other pay or perquisite. 
 
 Sec. 10. Each house to judge of election, etc., of its members. Expulsion. 
 Each house shall be the judge of the election and qualifications of its 
 members, and may punish them for disorderly conduct, and with the concur- 
 rence of two-thirds of all the members elected, expel a member for cause. 
 
 Sec 11. Majority is quorum. Attendance contpellcd. A majority of the 
 members of each house shall constitute a quorum to transact business, but 
 a smaller number may adjourn from day to day, and may compel the at- 
 tendance ol absenl members in such manner and under such penalties as 
 each house may pi escribe. 
 
 Sec. 1~. A'ules. Choosing officers. Each house shall determine the rules 
 of its proceedings, and choose its own officers and employes. 
 
CONSTITUTION OF UTAH 157 
 
 Sec. 13. Elections to fill vacancies. The Governor shall issue writs of 
 election to fill vacancies that may occur in either house of the Legislature. 
 
 Sec. 14. Journals. Yeas and nays. Each house shall keep a journal of 
 its proceedings, which, except in case of executive sessions, shall be pub- 
 lished, and the yeas and nays on any question, at the request of five mem- 
 bers of such house, shall be entered upon the journal.- 
 
 Sec. 15. Sessions to be public. Adjournments. All sessions of the Legis- 
 lature, except those of the Senate while sitting in executive session, shall 
 be public ; and neither house, without the consent of the other, shall ad- 
 journ for more than three days, nor to any other place than that in which 
 it may be holding session. 
 
 Sec. 16. Duration of sessions. No regular session of the Legislature 
 (except the first, which may sit ninety days) shall exceed sixty days, except 
 in cases of impeachment. No special session shall exceed thirty days, 
 and in such special session, or w r hen a regular session of the Legislature 
 trying cases of impeachment exceeds sixty days, the members shall receive 
 for compensation only the usual per diem and mileage. 
 
 Sec. 17. Impeachment by house. The House of Representatives shall 
 have the sole power of impeachment, but in order to impeach, two-thirds 
 of all the members elected must vote therefor. 
 
 Sec. 18. Id. Trial by senate. All impeachments shall be tried by the 
 Senate, and Senators, when sitting for that purpose, shall take oath or 
 make affirmation to do justice according to the law and the evidence. 
 When the Governor is on trial, the chief Justice of the Supreme Court 
 shall preside. No person shall be convicted without the concurrence of 
 two-thirds of the senators elected. 
 
 Sec. 19. Id. Judgment. Prosecution by law. The Governor and other 
 State and Judicial officers, except justices of the peace, shall be liable to 
 impeachment for high crimes, misdemeanors, or malfeasance in office ; 
 but judgment in such cases shall extend only to removal from office, and 
 disqualification to hold any office of honor, trust, or profit in the State. 
 The party, whether convicted or acquitted, shall, nevertheless, be liable to 
 prosecution, trial, and punishment according to law. 
 
 Sec. 20. Id. Service of articles. No person shall be tried on impeach- 
 ment, unless he shall have been served with a copy of the articles thereof, 
 at least ten days before the trial, and after such service he shall not exer- 
 cise the duties of his office until he shall have been acquitted. 
 
 Sec. 21. Removal of officers. All officers not liable to impeachment 
 shall be removed for any of the offenses specified in this article, in such 
 manner as may be provided by law. 
 
 Sec. 22. Enacting clause. Passage and amendments of law. The enact- 
 
158 CONSTITUTION OF UTAH 
 
 ing clause of every law shall be : " Be it enacted by the Legislature of the 
 State of Utah," and no bill or joint resolution shall be passed, except with 
 the assent of a majority of all the members elected to each house of the 
 Legislature and after it has been read three times. The vote upon the 
 final passage of all bills shall be by yeas and nays ; and no law shall be re- 
 vised or amended by reference to its title only; but the act as revised, or 
 section as amended, shall be reenacted and published at length. 
 
 SEC. 23. Bill to contain only one subject. Lxcept general appropriation 
 bills, and bills for the codification and general revision of laws, no bill 
 shall be passed containing more than one subject, which shall be clearly 
 expressed in its title. 
 
 Sec. 24. Presiding officers to sign bills. The presiding officer of each 
 house, in the presence of the house over which he presides, shall sign all 
 bills and joint resolutions passed by the Legislature, after their titles have 
 been publicly read immediately before signing, and the fact of such sign- 
 ing shall be entered upon the journal. 
 
 Sec. 25. When acts take effect. All acts shall be officially published, and 
 no act shall take effect until so published, nor until sixty days after the 
 adjournment of the session at which it passed, unless the Legislature by a 
 vote of two-thirds of all the members elected to each house, shall other- 
 wise direct. 
 
 Sec. 26. Enumeration of private laws forbidden. The Legislature is pro- 
 hibited from enacting any private or special laws in the following cases : 
 
 1. Granting divorce. 
 
 2. Changing the names of persons or places, or constituting one per- 
 son the heir-at-law of another. 
 
 3. Locating or changing county seats. 
 
 4. Regulating the jurisdiction and duties of Justices of the Peace. 
 
 5. Punishing crimes and misdemeanors. 
 
 6. Regulating the practice of courts of justice. 
 
 7. Providing for a change of venue in civil or criminal actions. 
 
 8. Assessing and collecting taxes. 
 
 9. Regulating the interest on money. 
 
 10. Changing the law of descent or succession. 
 
 11. Regulating county and township affairs. 
 
 12. Incorporating cities, towns, or villages; changing or amending the 
 charter of any city, (own, or village ; laving out, opening, vacating or alter- 
 ing town plats, highways, streets, wards, alleys, or public grounds. 
 
 13. Providing for sale or mortgage of real estate belonging to minors 
 or ol hers under disability. 
 
 14. Authorizing persons In keep ferries across streams within the State. 
 
CONSTITUTION OF UTAH 159 
 
 15. Remitting fines, penalties, or forfeitures. 
 
 16. Granting to an individual, association or corporation any privilege, 
 immunity or franchise. 
 
 17. Providing for the management of common schools. 
 
 IS. Creating, increasing or decreasing fees, percentages or allowances 
 of public officers during the term for which said officers are elected or 
 appointed. 
 
 The Legislature may repeal any existing special law relating to the fore- 
 going subdivisions. 
 
 In all cases where a general law can be applicable, no special law shall 
 be enacted. 
 
 Nothing in this section shall be construed to deny or restrict the power 
 of the Legislature to establish and regulate the compensation and fees of 
 county and township officers ; to establish and regulate the rates of freight, 
 passage, toll and charges of railroads, toll roads, ditch, flume and tunnel 
 companies, incorporated under the laws of the State or doing business 
 therein. 
 
 Sec. 27. Legislature cannot release certain debts. The Legislature shall 
 have no power to release or extinguish, in whole or in part, the indebted- 
 ness, liability or obligation of any corporation or person to the State, or to 
 any municipal corporation therein. 
 
 Sec. 28. Lotteries forbidden. The Legislature shall not authorize any 
 game of chance, lottery or gift enterprise under any pretense or for 
 any purpose. 
 
 Sec. 39. Municipal powers not to be delegated. The Legislature shall not 
 delegate to any special commission, private corporation or association, any 
 power to make, supervise or interfere with any municipal improvement, 
 money, property or effects, whether held in trust or otherwise, to levy 
 taxes, to select a capitol site, or to perform any municipal functions. 
 
 Sec. 30. Extra compensation to officers and contractors forbidden. The 
 Legislature shall have no power to grant, or authorize any county or mu- 
 nicipal authority to grant, any extra compensation, fee or allowance to any 
 public officer, agent, servant or contractor, after service has been rendered 
 or a contract has been entered into and performed in whole or in part, nor 
 pay or authorize the payment of any claim hereafter created against the 
 State, or any county or municipality of the State, under any agreement or 
 contract made without authority of law : Provided, That this section shall 
 not apply to claims incurred by public officers in the execution of the laws 
 of the State. 
 
 Sec. 31. Lending public credit forbidden. The Legislature shall not 
 authorize the State, or any county, city, town, township, district or other 
 
i6o CONSTITUTION OF UTAH 
 
 political subdivision of the State to lend its credit or subscribe to stock or 
 bonds in aid of any railroad, telegraph or other private individual or cor- 
 porate enterprise or undertaking. 
 
 ARTICLE VII 
 
 EXECUTIVE 
 
 Section 1. Executive department. Terms, residence, and duties of officers. 
 The Executive Department shall consist of Governor, Secretary of State, 
 State Auditor, State Treasurer, Attorney-General, and Superintendent of 
 Public Instruction, each of whom shall hold his office for four years, begin- 
 ning on the first Monday of January next after his election, except that 
 the terms of office of those elected at the first election shall begin when the 
 State shall be admitted into the Union, and shall end on the first Monday 
 in January, a.d., 1901. The officers of the Executive Department, dur- 
 ing their terms of office, shall reside at the seat of government, where they 
 shall keep the public records, books and papers. They shall perform such 
 duties as are prescribed by this Constitution and as may be prescribed by law. 
 
 Sec. 2. Election. Tic, legislature to elect. The officers provided for in 
 section one of this article, shall be elected by the qualified electors of the 
 State at the time and place of voting for members of the Legislature, and 
 the persons respectively having the highest number of votes cast for the 
 office voted for shall be elected ; but if two or more shall have an equal 
 and the highest number of votes for any one of said offices, the two houses 
 of the Legislature, at its next regular session, shall elect forthwith bv joint 
 ballot one of such persons for said office. 
 
 Sec. 3. Qualifications of governor, etc. No person shall be eligible to 
 the office of Governor or Secretary of State unless he shall have attained 
 the age of thirty years at the time of his election, nor to the office of 
 Attorney-General unless he shall have attained the age of twenty-five 
 years at the time of his election, and have been admitted to practice in the 
 Supreme Court of the Territory or of the State of Utah, nor unless he 
 shall be in good standing at the bar at the time of his election. No person 
 shall be eligible to any of the offices provided for in section one of this 
 article, unless at the time of his election he shall be a qualified elector, 
 and shall have been a resident citizen of the State or Territory for five 
 years next preceding his election. The State Auditor and State Treasurer 
 shall he ineligible In election as their own successors. 
 
 Sec. 4. Governor commander in chief. The Governor shall be Com- 
 mander in ( liief of the military forces of the State, except when they shall 
 
CONSTITUTION OF UTAH 161 
 
 be called into the service of the United States. He shall have power to 
 call out the militia to execute the laws, to suppress insurrection, or to repel 
 invasion. 
 
 Sec. 5. Duties of governor. The Governor shall see that the laws are 
 faithfully executed ; he shall transact all executive business with the 
 officers of the government, civil and military, and may require information 
 in writing from the officers of the Executive Department, and from the 
 officers and managers of State Institutions upon any subject relating to the 
 condition, management, and expenses of their respective offices and insti- 
 tutions, and at any time when the Legislative Assembly is not in session, 
 may, if he deem it necessary, appoint a committee to investigate and 
 report to him upon the condition of any executive office or State Institu- 
 tion. He shall communicate by message the condition of the State to the 
 Legislature at every regular session, and recommend such measures as he 
 may deem expedient. 
 
 Sec. 6. Id. May convene extra session. On extraordinary occasions, 
 the Governor may convene the Legislature by proclamation, in which shall 
 be stated the purpose for which the Legislature is to be convened, and it 
 shall transact no legislative business except that for which it was especially 
 convened, or such other legislative business as the Governor may call to 
 its attention while in session. The Legislature, however, may provide for 
 the expenses of the session and other matters incidental thereto. The 
 Governor may also by proclamation convene the Senate in extraordinary 
 session for the transaction of executive business. 
 
 Sec. 7. Id. May adjourn legislature, when. In case of a disagreement 
 between the two houses of the Legislature at any special session, with 
 respect to the time of adjournment, the Governor shall have power to 
 adjourn the Legislature to such time as he may think proper : Provided 
 it be not beyond the time fixed for the convening of the next Legisla- 
 ture. 
 
 Sec. 8. Bills presented to governor. Jeto. Appropriation bills. Every 
 bill passed by the Legislature, before it becomes a law, shall be presented 
 to the Governor; if he approve, he shall sign it, and thereupon it shall 
 become a law; but if he do not approve, he shall return it with his objec- 
 tions to the house in which it originated, which house shall enter the ob- 
 jections at large upon its journal and proceed to reconsider the bill. If, 
 after such reconsideration, it again passes both houses by a yea and nay 
 vote of two-thirds of the members elected to each house, it shall become 
 a law, notwithstanding the Governor's objections. If any bill be not re- 
 turned within five days after it shall have been presented to him (Sunday, 
 and the day on which he received it excepted), the same shall be a law in 
 
1 62 CONSTITUTION OF UTAH 
 
 like manner as if he had signed it, unless the Legislature by its final ad- 
 journment prevent such return, in which case it shall be filed with his 
 objections in the office of the Secretary of State within ten days after 
 such adjournment (Sundays excepted) or become a law. If any bill pre- 
 sented to the Governor contain several items of appropriations of money, 
 he may object to one or more such items, while approving other portions 
 of the bill; in such case he shall append to the bill at the time of signing 
 it, a statement of the item or items which he declines to approve, together 
 with his reasons therefor, and such item or items shall not take effect un- 
 less passed over the Governor's objection as in this section provided. 
 
 Sec. 9. Governor may fill certain vacancies. When any State or district 
 office shall become vacant, and no mode is provided by the Constitution 
 and laws for filling such vacancy, the Governor shall have the power to 
 fill the same by granting a commission, which shall expire at the next 
 election, and upon qualification of the person elected to such office. 
 
 Sec. 10. Governor s appoi}itive power. Vacancies. The Governor shall 
 nominate, and by and with the consent of the Senate, appoint all State 
 and district officers whose offices are established by this Constitution, or 
 which may be created by law, and whose appointment or election is not 
 otherwise provided for. If, during the recess of the Senate, a vacancy 
 occur in any State or district office, the Governor shall appoint some fit 
 person to discharge the duties thereof until the next meeting of the 
 Senate, when he shall nominate some person to fill such office. If the 
 office of justice of the supreme or district court, Secretary of State, State 
 Auditor, State Treasurer, Attorney-General or Superintendent of Public 
 Instruction be vacated by death, resignation or otherwise, it shall be the 
 duty of the Governor to fill the same by appointment, and the appointee 
 shall hold his office until his successor shall be elected and qualified, as 
 may be by law provided. 
 
 Sec 11. Vacancy in office of governor. In case of the death of the Gov- 
 ernor, or his impeachment, removal from office, inability to discharge the 
 duties of his office, resignation, or absence from the State, the powers and 
 duties of said office shall devolve upon the Secretary of State, until the 
 disability shall cease, or until the next general election, when the vacancy 
 shall be filled by election. If, during a vacancy in the office of Governor, 
 the Secretary of State resign, die or become incapable of performing the 
 duties (jf the office, or be displaced, or be absent from the State, the 
 President pro tempore of the Senate shall act .is i lovernor until the vacancy 
 be filled or the disability cease. \\ bile performing the duties of the Gov- 
 ernor as in this section provided, the Secretary of Slate, or the President 
 pro tempore of the Senate, as the case may be, except in cases of temporary 
 
CONSTITUTION OF UTAH 163 
 
 disability, or absence from the State, shall be entitled to the salary and 
 emoluments of the Governor. 
 
 Sec. 12. Board of pardons. Respites and reprieves. Until otherwise pro- 
 vided by law, the Governor, Justices of the Supreme Court and Attorney- 
 General shall constitute a Board of Pardons, a majority of whom, includ- 
 ing the Governor, upon such conditions, and with such limitations and 
 restrictions as they deem proper, may remit fines and forfeitures, commute 
 punishments, and grant pardons after convictions, in all cases except 
 treason and impeachments, subject to such regulations as may be provided 
 by law, relative to the manner of applying for pardons ; but no fine or for- 
 feiture shall be remitted, and no commutation or pardon granted, except 
 after a full hearing before the Board, in open session, after previous notice 
 of the time and place of such hearing has been given. The proceedings 
 and decisions of the Board, with the reasons therefor in each case, to- 
 gether with the dissent of any member who may disagree, shall be reduced 
 to writing, and filed, with all papers used upon the hearing, in the office of 
 the Secretary of State. 
 
 The Governor shall have power to grant respites or reprieves in all 
 cases of convictions for offenses against the State, except treason or con- 
 viction on impeachment ; but such respites or reprieves shall not extend 
 beyond the next session of the Board of Pardons ; and such Board, at such 
 session, shall continue or determine such respite or reprieve, or they may 
 commute the punishment, or pardon the offense as herein provided. In 
 case of conviction for treason, the Governor shall have the power to sus- 
 pend execution of the sentence, until the case shall be reported to the 
 Legislature at its next regular session, when the Legislature shall either 
 pardon, or commute the sentence, or direct its execution ; he shall com- 
 municate to the Legislature at each regular session, each case of remission 
 of fine or forfeiture, reprieve, commutation or pardon granted since the 
 last previous report, stating the name of the convict, the crime for which 
 he was convicted, the sentence and its date, the date of remission, com- 
 mutation, pardon, or reprieve, with the reasons for granting the same, and 
 the objections, if any, of any member of the Board made thereto. 
 
 Sec. 13. State prison commissioners. Board of examiners. Until other- 
 wise provided by law, the Governor, Secretary of State, and Attorney- 
 General shall constitute a Board of State Prison Commissioners, which 
 Board shall have such supervision of all matters connected with the State 
 Prison as may be provided by law. They shall, also, constitute a Board 
 of Examiners, with power to examine all claims against the State except 
 salaries or compensation of officers fixed by law, and perform such other 
 duties as may be prescribed by law ; and no claim against the State, except 
 
1 64 CONSTITUTION OF UTAH 
 
 for salaries and compensation of officers fixed by law, shall be passed upon 
 by the Legislature without having been considered and acted upon by the 
 said Hoard of Examiners. 
 
 Sec. 14. Insane asylum commissioners. Until otherwise provided by 
 law, the Governor, State Treasurer, and State Auditor shall constitute a 
 Board of Insane Asylum Commissioners. Said Board shall have such 
 supervision of all matters connected with the State Insane Asylum as 
 may be provided by law. 
 
 Sec. 15. Reform School Commissioners. Until otherwise provided by 
 law, the Governor, Attorney-General and Superintendent of Public Instruc- 
 tion shall constitute a Board of Reform School Commissioners. Said 
 Board shall have such supervision of all matters connected with the State 
 Reform School as may be provided by law. 
 
 Sec. 16. Duties of secretary of state. The Secretary of State shall keep 
 a record of the official acts of the Legislature and Executive Department 
 of the State, and, when required, shall lay the same and all matters relative 
 thereto before either branch of the Legislature, and shall perform such 
 other duties as may be provided by law. 
 
 Sec. 17. Duties of auditor. The Auditor shall be Auditor of Public 
 Accounts, and the Treasurer shall be the custodian of public moneys, and 
 each shall perform such other duties as may be provided by law. 
 
 Sec. 18. Duties of attorney-general. The Attorney-General shall be the 
 legal adviser of the State Officers, and shall perform such other duties as 
 may be provided by law. 
 
 Sec. 19. Superintendent of public instruction. The Superintendent of 
 Public Instruction shall perform such duties as may be provided bv law. 
 
 Sec. 20. Compensation of state officers. The Governor, Secretary of 
 State, Auditor, Treasurer, Attorney-General, Superintendent of Public 
 Instruction and such other State and district officers as may be provided 
 for by law, shall receive for their services quarterly, a compensation as 
 fixed by law, which shall not be diminished or increased so as to affect the 
 salary of any officer during his term, or the term next ensuing after the 
 adoption of this Constitution, unless a vacancy occur, in which case 
 the successor of the former incumbent shall receive only such salary as 
 may be provided by law at the time of his election or appointment. The 
 compensation of the officers provided for bv this article, until otherwise 
 provided by law, is fixed as follows : 
 
 Governor, Two Thousand Dollars per annum. 
 
 Secretary of State, Two Thousand Dollars per annum. 
 
 Stale Auditor, Fifteen Hundred Dollars per annum. 
 
 State Treasurer, One Thousand Dollars per annum. 
 
CONSTITUTION OF UTAH 165 
 
 Attorney-General, Fifteen Hundred Dollars per annum. 
 
 Superintendent of Public Instruction, Fifteen Hundred Dollars per 
 annum. 
 
 The compensation for said officers as prescribed in this section, and in 
 all laws enacted pursuant to this Constitution, shall be in full for all serv- 
 ices rendered by said officers, respectively, in any official capacity or 
 employment during their respectfve terms of office. No such officer shall 
 receive for the performance of any official duty any fee ior his own use, 
 but all fees fixed by law for the performance by either of them of any 
 official duty, shall be collected in advance and deposited with the State 
 Treasurer quarterly to the credit of the State. The Legislature may pro- 
 vide for the payment of actual and necessary expenses of said officers 
 while traveling in the State in the performance of official duty. 
 
 Sec. 21. Grants and Commissions. All grants and commissions shall 
 be in the name and by the authority of the State of Utah, sealed with the 
 Great Seal of the State, signed by the Governor, and countersigned by the 
 Secretary of State. 
 
 Sec. 22. The Great Seal. There shall be a seal of the State, which 
 shall be kept by the Secretary of State, and used by him officially. Said 
 seal shall be called " The Great Seal of the State of Utah." The present 
 seal of the Territory of Utah shall be the seal of the State until otherwise 
 provided by law. 
 
 Sec. 23. U. S. officials ineligible. Governor not eligible for senate. No 
 person, while holding any office under the United States' government, 
 shall hold any office under the State Government of Utah, and the Gov- 
 ernor shall not be eligible for election to the Senate of the United States 
 during the term for which he shall have been elected Governor. 
 
 ARTICLE VIII 
 
 JUDICIAL DEPARTMENT 
 
 Section 1. Judicial powers, how vested. The Judicial power of the State 
 shall be vested in the Senate sitting as a court of impeachment, in a 
 supreme court, in district courts, in justices of the peace, and such other 
 courts inferior to the .Supreme Court as may be established by law. 
 
 Sec. 2. Supreme court, lioiv constituted. Terms. The Supreme Court 
 shall consist of three judges ; but after the year a.d. 1905, the Legisla- 
 ture may increase the number thereof to five. A majority of the judges 
 constituting the court shall be necessary to form a quorum or render a 
 decision. If a justice of the Supreme Court shall be disqualified from sit- 
 
166 CONSTITUTION OF UTAH 
 
 ting in a cause before said court, the remaining judges shall call a district 
 judge to sit with them on the hearing of such cause. The Judges of the 
 Supreme Court shall be elected by the electors of the State at large. The 
 term of office of the Judges of the Supreme Court, excepting as in this 
 article otherwise provided, shall be six years. The Judges of the Supreme 
 Court, immediately after the first election under this Constitution, shall be 
 selected by lot, so that one shall hold office for the term of three years, 
 one for the term of five years, and one for the term of seven years. The 
 lots shall be drawn by the Judges of the Supreme Court, who, for that pur- 
 pose, shall assemble at the seat of government ; and they shall cause the 
 result thereof to be certified by the Secretary of State, and filed in his 
 office. The judge having the shortest term to serve, not holding his office 
 by appointment or election to fill a vacancy, shall be the Chief Justice, 
 and shall preside at all terms of the Supreme Court, and in case of his 
 absence, the judge, having in like manner, the next shortest term, shall 
 preside in his stead. 
 
 Sec. 3. Id. Qualifications of judges. Every Judge of the Supreme 
 Court shall be at least thirty years of age, and, before his election, shall 
 be a member of the bar, learned in the law, and a resident of the Territory 
 or State of Utah for five years next preceding his election. 
 
 Sec. 4. Id. Jurisdiction. Terms. The Supreme Court shall have 
 original jurisdiction to issue writs of mandamus, certiorari^ prohibition, quo 
 warranto and habeas corpus. Each of the justices shall have power to 
 issue writs of habeas corpus, to any part of the State, upon petition by or 
 on behalf of any person held in actual custodv, and may make such writs 
 returnable before himself or the Supreme Court, or before any district 
 court or judge thereof in the State. In other cases the Supreme Court 
 shall have appellate jurisdiction only, and power to issue writs necessary 
 and proper for the exercise of that jurisdiction. The Supreme Court shall 
 hold at least three terms every year, and shall sit at the capital of the State. 
 
 Sec. 5. District courts, kow constituted. Terms. Jurisdiction. Judge pro 
 tempore. The State shall be divided into seven judicial districts, for each 
 of which, at least one, and not exceeding three judges, shall be chosen by 
 the qualified electors thereof. The term of office of the district judges 
 shall be four years. Except thai the District Judges elected at the first 
 election shall serve until the first Monday in January. \. D. 1901, and until 
 their successors shall have qualified. Until otherwise provided by law, 
 a district court at the county seal of each county shall be held at least 
 four limes a year. All civil and criminal business arising in any county, 
 must be tried in such county, unless a change of venue be taken, in such 
 cases as may be provided by law. Each judge of a District Court shall be 
 
CONSTITUTION OF UTAH 167 
 
 at least twenty-five years of age, a member of the bar, learned in the law, 
 a resident of the Territory or State of Utah three years next preceding 
 his election, and shall reside in the district for which he shall be elected. 
 Any District Judge may hold a court in any county at the request of the 
 judge of the district, and upon a request of the Governor, it shall be his 
 duty to do so. Any cause in the District Court may be tried by a judge 
 pro tempore, who must be a member of the bar, sworn to try the cause, and 
 agreed upon by the parties, or their attorneys of record. 
 
 Sec. 6. Id. Legislature may change districts. The Legislature may 
 change the limits of any judicial district, or increase or decrease the 
 number of districts, or the judges thereof. No alteration or increase 
 shall have the effect of removing a judge from office. In every additional 
 district established, a judge shall be elected by the electors thereof, and 
 his term of office shall continue as provided in section five of this article. 
 
 Sec. 7. Jurisdictioji of district courts. The District Court shall have 
 original jurisdiction in all matters, civil and criminal, not excepted in this 
 Constitution, and not prohibited by law; appellate jurisdiction from all in- 
 ferior courts and tribunals, and a supervisory control of the same. The 
 District Courts or any judge thereof, shall have power to issue writs of 
 habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition 
 and other writs necessary to carry into effect their orders, judgments, and 
 decrees, and to give them a general control over inferior courts and 
 tribunals within their respective jurisdictions. 
 
 Sec. 8. Justices of the peace. Jurisdiction, etc. The legislature shall 
 determine the number of justices of the peace to be elected, and shall fix 
 by law their powers, duties, and compensation. The jurisdiction of justices 
 of the peace shall be as now provided by law, but the Legislature may re- 
 strict the same. 
 
 Sec. 9. Appeals from district court: record, etc. From justices' courts. 
 From all final judgments of the district courts, there shall be a right of 
 appeal to the Supreme Court. The appeal shall be upon the record made 
 in the court below, and under such regulations as may be provided by law. 
 In equity cases the appeal may be on questions of both law and fact; in 
 cases at law the appeal shall be on questions of law alone. Appeals shall 
 also lie from the final orders and decrees of the Court in the administra- 
 tion of decedent estates, and in cases of guardianship, as shall be provided 
 by law. Appeals shall also lie from the final judgment of justices of the 
 peace in civil and criminal cases to the District Courts on both questions 
 of law and fact, with such limitations and restrictions as shall be provided 
 by law; and the decision of the District Courts on such appeals shall be 
 final, except in cases involving the validity or constitutionality of a statute. 
 
1 68 CONSTITUTION OF UTAH 
 
 Sec. 10. County attorneys. Election, -term, etc. A County Attorney shall 
 be elected by the qualified voters of each county who shall hold his office 
 for a term of two years. The powers and duties of County Attorneys, and 
 such other attorneys for the State as the Legislature may provide, shall 
 be prescribed by law. In all cases where the attorney for any county, or 
 for the State, fails or refuses to attend and prosecute according to law 
 the court shall have power to appoint an attorney pro tempore. 
 
 Sec. 11. Removal of judges from office. Judges may be removed from 
 office by the concurrent vote of both houses of the Legislature, each 
 voting separately ; but two-thirds of the members to which each house 
 may be entitled must concur in such vote. The vote shall be determined . 
 by yeas and nays, and the names of the members voting for or against a 
 judge, together with the cause or causes of removal, shall be entered on 
 the journal of each house. The judge against whom the house may be 
 about to proceed shall receive notice thereof, accompanied with a copy of 
 the cause alleged for his removal, at least ten days before the day on 
 which either house of the Legislature shall act thereon. 
 
 Sec. 12. fudges' salaries to remaiti fixed. The judges of the Supreme 
 and District Courts shall receive at stated times compensation for their 
 services, which shall not be increased or diminished during the time for 
 which they are elected. 
 
 Sec. 13. Disqualification of judges. Except by consent of all the 
 parties, no judge of the supreme or inferior courts shall preside in the 
 trial of any cause where either of the parties shall be connected with him 
 by affinity or consanguinity within the degree of first cousin, or in which 
 he may have been of counsel, or in the trial of which he may have pre- 
 sided in any inferior court. 
 
 Sec. 14. Clerks of courts. Reporter. The Supreme Court shall appoint 
 a clerk, and a reporter of its decisions, who shall hold their offices during 
 the pleasure of the Court. Until otherwise provided. Countv Clerks shall 
 be ex officio clerks of the District Courts in and for their respective 
 counties, and shall perform such other duties as may be provided by law. 
 
 Sec. 15. fudges shall not appoint relatives to ofticc. ^\v> person related to 
 any judge of any court by affinity or consanguinity within the degree of 
 first cousin, shall be appointed by such court or judge to, or employed by 
 such court or judge in any office or duty in any court of which such judge 
 may be a member. 
 
 Skc. 16. fudicial districts, how constituted. Until otherwise provided by 
 law, the Judicial Districts of (lie Si. He shall be constituted as follows: 
 
 First District: The Counties of Cache, Hox Elder, and Rich. 
 
 Second District: The Counties of Weber, Morgan, and Davis. 
 
CONSTITUTION OF UTAH 169 
 
 Third District: The Counties of Summit, Salt Lake, and Tooele, in 
 which there shall be elected three district judges. 
 
 Fourth District : The Counties of Utah, Wasatch, and Uintah. 
 
 Fifth District : The Counties of Juab, Millard, Beaver, Iron, and 
 Washington. 
 
 Sixth District : The Counties of Sevier, Piute, Wayne, Garfield, and 
 Kane. 
 
 Seventh District : The Counties of San Pete, Carbon, Emery, Grand, 
 and San Juan. 
 
 Sec. 17. Courts of record. The Supreme and District Courts shall be 
 courts of record, and each shall have a seal. 
 
 Sec. 18. Style of process : " The State of Utah.'''' The style of all process 
 shall be, "The State of Utah," and all prosecutions shall be conducted in 
 the name and by the authority of the same. 
 
 Sec. 19. But one form of civil action. There shall be but one form of 
 civil action, and law and equity may be administered in the same action. 
 
 Sec. 20. Salary of judges. Until otherwise provided by law, the salaries 
 of supreme and district judges shall be three thousand dollars per annum, 
 and mileage, payable quarterly out of the State treasury. 
 
 Sec. 21. fudges to be conservators of peace. Judges of the Supreme Court, 
 District Courts, and justices of the peace, shall be conservators of the 
 peace, and may hold preliminary examinations in cases of felony. 
 
 Sec. 22. fudges to report defeats in laws. District Judges may, at any 
 time, report defects and omissions in the law to the Supreme Court, and 
 the Supreme Court on or before the first day of December of each year, 
 shall report in writing to the Governor any seeming defect or omission in 
 the law. 
 
 Sec. 23. Publication of decisions. The Legislature may provide for the 
 publication of decisions and opinions of the Supreme Court, but all deci- 
 sions shall be free to publishers. 
 
 Sec. 24. Effect of extending judges' terms. The terms of office of Su- 
 preme and District Judges may be extended by law, but such extension 
 shall not affect the term for which any judge was elected. 
 
 Sec. 25. Decisions of supreme court to be in writing. When a judgment 
 or decree is reversed, modified or affirmed by the Supreme Court, the rea- 
 sons therefor shall be stated concisely in writing, signed by the judges 
 concurring, filed in the office of the Clerk of the Supreme Court, and pre- 
 served with a record of the case. Any judge dissenting therefrom, may 
 give the reasons of his dissent in writing over his signature. 
 
 Sec. 26. Id. Court to prepare syllabus. It shall be the duty of the court 
 to prepare a syllabus of all the points adjudicated in each case, which shall 
 
170 CONSTITUTION OF UTAH 
 
 be concurred in by a majority of the judges thereof, and it shall be pre- 
 fixed to the published reports of the case. 
 
 Sec. 27. fudge forfeits of/ice by absence. Any judicial officer who shall ab- 
 sent himself from the State or district for more than ninety consecutive 
 days, shall be deemed to have forfeited his office : Provided, That in case 
 of extreme necessity, the Governor may extend the leave of absence to 
 such time as the necessity therefor shall exist. 
 
 ARTICLE IX 
 
 CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT 
 
 Section 1. Election of congressman. One Representative in the Con- 
 gress of the United States shall be elected from the State at large on the 
 Tuesday next after the first Monday in November, a.d. 1S95, and there- 
 after at such times and places, and in such manner as may be prescribed 
 by law. When a new apportionment shall be made by Congress, the Leg- 
 islature shall divide the State into congressional districts accordingly. 
 
 Sec. 2. Decennial census to be taken. The Legislature shall provide bv 
 law for an enumeration of the inhabitants of the State, a.d. 1905, and 
 every tenth year thereafter, and at the session next following such enu- 
 meration, and also at the session next following an enumeration made by 
 the authority of the United States, shall revise and adjust the apportion- 
 ment for senators and representatives on the basis of such enumeration 
 according to ratios to be fixed by law. 
 
 Sec. 3. A'umbcr of members of legislature. The Senate shall consist of 
 eighteen members, and the House of Representatives of forty-five mem- 
 bers. The Legislature may increase the number of senators and repre- 
 sentatives, but the senators shall never exceed thirty in number, and the 
 number of representatives shall never be less than twice nor greater than 
 three times the number of senators. 
 
 Sec. 4. Senatorial districts, koiu formed. When more than one countv 
 shall constitute a senatorial district, such counties shall be contiguous, and 
 no county shall be divided in the formation of such districts unless such 
 county contains sufficient population within itself to form two or more dis- 
 tricts, nor shall a part of any county be united with any other count)" in 
 forming any district. 
 
 REPRESENTATIVE DISTRICTS 
 
 Until otherwise provided by law, representatives shall be apportioned 
 among the several counties of the State as follows : Provided, That in 
 
CONSTITUTION OF UTAH 171 
 
 any future apportionment made by the Legislature, each county shall be 
 entitled to at least one representative. 
 
 The County of Box Elder shall constitute the First Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of Cache shall constitute the Second Representative Dis- 
 trict, and be entitled to three representatives. 
 
 The County of Rich shall constitute the Third Representative District, 
 and be entitled to one representative. 
 
 The County of Weber shall constitute the Fourth Representative Dis- 
 trict, and be entitled to four representatives. 
 
 The County of Morgan shall constitute the Fifth Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of Davis shall constitute the Sixth Representative District, 
 and be entitled to one representative. 
 
 The County of Tooele shall constitute the Seventh Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of Salt Lake shall constitute the Eighth Representative 
 District, and be entitled to ten representatives. 
 
 The County of Summit shall constitute the Ninth Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of Wasatch shall constitute the Tenth Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of Utah shall constitute the Eleventh Representative Dis- 
 trict, and be entitled to four representatives. 
 
 The County of Uintah shall constitute the Twelfth Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of Juab shall constitute the Thirteenth Representative Dis- 
 trict, and be entitled to one representative. 
 
 The County of San Pete shall constitute the Fourteenth Representa- 
 tive District, and be entitled to two representatives. 
 
 The County of Carbon shall constitute the Fifteenth Representative 
 District, and be entitled to one representative. 
 
 The County of Emery shall constitute the Sixteenth Representative 
 District, and be entitled to one representative. 
 
 The County of Grand shall constitute the Seventeenth Representative 
 District, and be entitled to one representative. 
 
 The County of Sevier shall constitute the Eighteenth Representative 
 District, and be entitled to one representative. 
 
 The County of Millard shall constitute the Nineteenth Representative 
 District, and be entitled to one representative. 
 
 The County of Beaver shall constitute the Twentieth Representative 
 
 T»;c-t,-,/-f inA Vin tanfitlprl tn nn p rpnrpt;pntahvp 
 
172 
 
 CONSTITUTION OF UTAH 
 
 The County of Piute shall constitute the Twenty-first Representative 
 District, and be entitled to one representative. 
 
 The County of Wayne shall constitute the Twenty-second Representative 
 District, and be entitled to one representative. 
 
 The County of Carfield shall constitute the Twenty-third Representative 
 District, and be entitled to one representative. 
 
 The County of Iron shall constitute the Twenty-fourth Representative 
 District, and be entitled to one representative. 
 
 The County of Washington shall constitute the Twenty-fifth Repre- 
 sentative District, and be entitled to one representative. 
 
 The County of Kane shall constitute the Twenty-sixth Representative 
 District, and be entitled to one representative. 
 
 The County of San Juan shall constitute the Twenty-seventh Repre- 
 sentative District, and be entitled to one representative. 
 
 SENATORIAL DISTRICTS 
 
 Until otherwise provided by law, the Senatorial Districts shall be con- 
 stituted and numbered as follows : 
 
 The Counties of Box Elder and Tooele shall constitute the First 
 District, and be entitled to one Senator. 
 
 The County of Cache shall constitute the Second District, and be 
 entitled to one Senator. 
 
 The Counties of Rich, Morgan, and Davis shall constitute the Third 
 District, and be entitled to one Senator. 
 
 The County of Weber shall constitute the Fourth District, and be 
 entitled to two Senators. 
 
 The Counties of Summit and Wasatch shall constitute the Fifth District, 
 and be entitled to one Senator. 
 
 The County of Salt Lake shall constitute the Sixth District, and be 
 entitled to five Senators. 
 
 The County of Utah shall constitute the Seventh District, and be 
 entitled to two Senators. 
 
 The Counties of Juab and Millard shall constitute the F.ighth District, 
 and be entitled to one Senator. 
 
 The County of San Pete shall constitute the Ninth District, and be 
 entitled to one Senator. 
 
 The Counties of Sevier, Wayne, Piute, and Carfield shall constitute the 
 Tenth District, and be entitled to one Senator. 
 
 The Counties of Heaver, lion, Washington, and Kane shall constitute 
 the Eleventh District and be entitled to one Senator. 
 
CONSTITUTION OF UTAH 173 
 
 The Counties of Emery, Carbon, Uintah, Grand, and San Juan shall 
 constitute the Twelfth District, and be entitled to one Senator. 
 
 ARTICLE X 
 
 EDUCATION 
 
 Section 1. Free non-sectarian schools. The Legislature shall provide 
 for the establishment and maintenance of a uniform system of public 
 schools, which shall be open to all children of the State, and be free from 
 sectarian control. 
 
 Sec. 2. Public school system. Maintenance. The Public School system 
 shall include kindergarten schools ; common schools, consisting of primary 
 and grammar grades ; high schools"; an Agricultural College ; a Univer- 
 sity, and such other schools as the Legislature may establish. The common 
 schools shall be free. The other departments of the system shall be sup- 
 ported as provided by law : Provided, That high schools may be maintained 
 free in all cities of the first and second class now constituting school dis- 
 tricts, and in such other cities and districts as may be designated by the 
 Legislature. But where the proportion of school monies apportioned or 
 accruing to any city or district shall not be sufficient to maintain all the 
 free schools in such city or district, the high schools shall be supported 
 by local taxation. 
 
 Sec. 3. State school fund. Interest distributed. The proceeds of all 
 lands that have been, or may be granted by the United States to this State, 
 for the support of the common schools ; the proceeds of all property that 
 may accrue to the State by escheat or forfeiture ; all unclaimed shares and 
 dividends of any corporation incorporated under the laws of this State ; 
 the proceeds of the sale of timber, minerals or other property from school 
 and State lands, other than those granted for specific purposes ; and the 
 five per centum of the net proceeds of the sales of public lands lying 
 within the State, which shall be sold by the United States, subsequent to 
 the admission of this State into the Union, shall be and remain a per- 
 petual fund, to be called the State School Fund, the interest of which 
 only, together with such other means as the Legislature may provide, 
 shall be distributed among the several school districts according to the 
 school population residing therein. 
 
 Amendment to Section 3 of Article x 
 
 Sec. 3. Declaring what shall constitute the state school fund, and provid- 
 ing for the apportionment of high school funds. The proceeds of all lands 
 
174 CONSTITUTION OF UTAH 
 
 that have been or may be granted by the United States to this State, for 
 the support of the common schools ; the proceeds of all property that 
 may accrue to the State by escheat or forfeiture ; all unclaimed shares 
 and dividends of any corporation incorporated under the laws of this 
 State ; the proceeds of the sale of timber, mineral or other property from 
 school and State lands, other than those granted for specific purposes ; 
 and five per centum of the net proceeds of the sale of public lands lying 
 within the State, which shall be sold by the United States, subsequent to 
 the admission of this State into the Union, shall be and remain a per- 
 petual fund, to be called the State School Fund, the interest of which 
 only, together with such other means as the Legislature may provide, shall 
 be distributed among the several school districts according to the school 
 population residing therein. Provided, That all funds derived from any 
 State tax for high schools shall be apportioned among the several cities 
 and school districts according to the attendance at the high schools 
 therein ; but no city or district shall be entitled to any part of the fund 
 derived from the State tax for high schools unless the high school therein 
 is maintained upon the standard and for the period during the year that 
 may be fixed by the State Board of Education. (Amendment adopted 
 November 8th, 1910.) 
 
 Sec 4. University and agricultural college located. Right*) etc. The 
 location and establishment by existing laws of the University of Utah, 
 and the Agricultural College are hereby confirmed, and all the rights, 
 immunities, franchises and endowments heretofore granted or conferred, 
 are hereby perpetuated unto said University and Agricultural College 
 respectively. 
 
 Sec. 5. Proceeds of land grants to constitute permanent funds. The pro- 
 ceeds of the sale of lands reserved bv an Act of Congress, approved 
 February 21st, 1855, for the establishment of the University of Utah, 
 and of all the lands granted by an Act of Congress, approved Julv 16th, 
 1894, shall constitute permanent funds, to be safely invested and held 
 by the State ; and the income thereof shall be used exclusively for the 
 support and maintenance of the different institutions and colleges, 
 respectively, in accordance with the requirements and conditions of said 
 Acts of Congress. 
 
 SEC. 6. Separate control of city schools. In cities of the first and second 
 class, the public school system shall he maintained and controlled, by the 
 Hoard of Education of such cities, separate and apart from the counties in 
 which said cities are located. 
 
 Sec. 7. School funds guaranteed by state. All public School Funds shall 
 be guaranteed by the Stale against loss or diversion. 
 
CONSTITUTION OF UTAH 175 
 
 Sec. 8. State board of education. The general control and supervision 
 of the Public School System shall be vested in a State Board of Education, 
 consisting of the Superintendent of Public Instruction, and such other 
 persons as the Legislature may provide. 
 
 Sec. 9. Text books. Neither the Legislature nor the State Board of 
 Education shall have power to prescribe text book to be used in the 
 common schools. 
 
 Sec. 10. Institutions for deaf, dumb, and blind. Property. Fund. In- 
 stitutions for the Deaf and Dumb, and for the Blind are hereby established. 
 All property belonging to the school for the Deaf and Dumb heretofore 
 connected with the University of Utah, shall be transferred to said 
 Institution for the Deaf and Dumb. All the proceeds of the lands granted 
 by the United States, for the support of the Deaf and Dumb Asylum, and 
 for an Institution for the Blind, shall be a perpetual fund for the main- 
 tenance of said institutions. It shall be a trust fund, the principal of which 
 shall remain inviolate, guaranteed by the State against loss by diversion. 
 
 Sec. II. Metric system. The Metric System shall be taught in the pub- 
 lic schools of the State. 
 
 Sec. 12. No religious or partisan tests in schools. Neither religious nor 
 partisan test or qualification shall be required of any person, as a condition 
 of admission, as teacher or student, into any public educational institution 
 of the State. 
 
 Sec. 13. Public aid to church schools forbidden. Neither the Legislature 
 nor any county, city, town, school district or other public corporation, 
 shall make any appropriation to aid in the support of any school, seminary, 
 academy, college, university or other institution, controlled in whole, or in 
 part, by any church, sect or denomination whatever. 
 
 ARTICLE XI 
 
 COUNTIES, CITIES AND TOWNS 
 
 Section 1. Existing counties, precincts, etc., recognized. The several 
 counties of the Territory of Utah, existing at the time of the adoption of 
 this Constitution, are hereby recognized as legal subdivisions of this State, 
 and the precincts, and school districts, now existing in said counties, as 
 legal subdivisions thereof, and they shall so continue until changed by 
 law in pursuance of this article. 
 
 Sec 2. Removal of county seats. No County Seat shall be removed 
 unless two thirds of the qualified electors of the county, voting on the 
 proposition at a general election, shall vote in favor of such removal, and 
 
176 CONSTITUTION OF UTAH 
 
 two thirds of the votes cast on the proposition shall be required to re- 
 locate a county seat. A proposition of removal shall not be submitted in 
 the same county more than once in four years. 
 
 Sec. 3. Changing county lines. No territory shall be stricken from any 
 county unless a majority of the voters living in such territory, as well as of 
 the county to which it is to be annexed, shall vote therefor, and then 
 only under such conditions as may be prescribed by general law. 
 
 Sec. 4. Uniform county government. The Legislature shall establish 
 a system of County government, which shall be uniform throughout the 
 State, and by general laws shall provide for precinct and township organi- 
 zations. 
 
 Sec. 5. Special municipal charters forbidden. Corporations for municipal 
 purposes shall not be created by special laws; the Legislature, by general 
 laws, shall provide for the incorporation, organization, and classification 
 of cities and towns in proportion to population ; which laws may be altered, 
 amended or repealed. 
 
 Sec. 6. Municipalities forbidden to sell waterworks or rights. No munici- 
 pal corporation shall directly, or indirectly, lease, sell, alien or dispose of 
 any waterworks, water rights, or sources of water supply now, or here- 
 after to be owned or controlled by it; but all such waterworks, water- 
 rights and sources of water supply now owned or hereafter to be 
 acquired by any municipal corporation, shall be preserved, maintained and 
 operated by it for supplying its inhabitants with water at reasonable 
 charges : Provided, That nothing herein contained shall be construed to 
 prevent any such municipal corporation from exchanging water rights, or 
 sources of water supply for other water rights or sources of water supply 
 of equal value, and to be devoted in like manner to the public supply of 
 its inhabitants. 
 
 ARTICLE XII 
 
 CORPORATIONS 
 
 SECTION 1. Corporations. Formation. Control. Corporations may be 
 formed under general laws, but shall not be created by special acts. All 
 laws relating to corporations may be altered, amended or repealed by the 
 Legislature, and all corporations doing business in this State, may, as to 
 such business, be regulated, limited or restrained by law. 
 
 Sec. 2. Existing corporation* to accept constitution. All existing charters, 
 franchises, special or exclusive privileges, under which an actual and bona 
 fide organization shall not have taken place, and business been com- 
 menced in good faith, at the time of the adoption of this Constitution, 
 
CONSTITUTION OF UTAH 177 
 
 shall thereafter have no validity; and no corporation in existence at 
 the time of the adoption of this Constitution shall have the benefit of 
 future legislation without first filing in the office of the Secretary of State, 
 an acceptance of the provisions of this Constitution. 
 
 Sec. 3. Legislature not to extend or validate franchises. The Legislature 
 shall not extend any franchise or charter, nor remit the forfeiture of any 
 franchise or charter of any corporation now existing, or which shall here- 
 after exist under the laws of this State. 
 
 Sec. 4. " Corporation " defined. Suits. The term " Corporation," as used 
 in this article, shall be construed to include all associations and joint- 
 stock companies having any powers or privileges of corporations not pos- 
 sessed by individuals or partnerships, and all corporations shall have the 
 right to sue, and shall be subject to be sued, in all courts, in like cases as 
 natural persons. 
 
 Sec. 5. Corporate stock. Issuance, increase, etc. Corporations shall not 
 issue stock, except to bona fide subscribers thereof or their assignee, nor 
 shall any corporation issue any bond, or other obligation, for the payment 
 of money, except for money or property received, or labor done. The 
 stock of corporations shall not be increased, except in pursuance of gen- 
 eral law, nor shall any law authorize the increase of stock without the con- 
 sent of the person or persons holding the larger amount in value of the 
 stock, or without due notice of the proposed increase having previously 
 been given in such manner as may be prescribed by law. All fictitious 
 increase of stock or indebtedness shall be void. 
 
 Sec. 6. Privileges of foreign corporations. No corporations organized out- 
 side of this State, shall be allowed to transact business within the State on 
 conditions more favorable than those prescribed by law to similar corpor- 
 ations organized under the laws of this State. 
 
 Sec 7. Limitation on alienation of franchise. No corporation shall lease 
 or alienate any franchise, so as to relieve the franchise or property held 
 thereunder from the liabilities of the lessor, or grantor, lessee or grantee, 
 contracted or incurred in operation, use or enjoyment of such franchise or 
 any of its privileges. 
 
 Sec. S. Consent of local authorities necessary to use of streets. No law 
 shall be passed granting the right to construct and operate a street rail- 
 road, telegraph, telephone or electric light plant within any city or incor- 
 porated town, without the consent of the local authorities who have 
 control of the street or highway proposed to be occupied for such 
 purposes. 
 
 Sec. 9. Place of business, process agent, etc. No corporation shall do 
 business in this State, without having one or more places of business, with 
 
[78 CONSTITUTION OF UTAH 
 
 an authorized agent or agents, upon whom process may be served ; nor 
 without first filing a certified copy of its articles of incorporation with the 
 Secretary of State. 
 
 Sec. 10. Corporations limited to authorized objects. No corporation shall 
 engage in any business other than that expressly authorized in its charter, 
 or articles of incorporation. 
 
 Sec. 11. Franchises may be taken for public i/se. The exercise of the 
 right of eminent domain shall never be so abridged or construed, as to 
 prevent the Legislature from taking the property and franchises of in- 
 corporated companies, and subjecting them to public use the same as the 
 property of individuals. 
 
 Sec. 12. Common carriers. All railroad and other transprotation 
 companies are declared to be common carriers, and subject to legislative 
 control; and such companies shall receive and transport each other's 
 passengers and freight, without discrimination or unnecessary delay. 
 
 Sec. 13. Competing railroads not to consolidate. No railroad corporation 
 shall consolidate its stock, property, or franchises with any other railroad 
 corporation owning a competing line. 
 
 Sec. 14. Rolling stock considered personal property. The rolling stock, 
 and other moveable property, belonging to any railroad company or cor- 
 poration in this State, shall be considered personal propertv, and shall be 
 liable to taxation and to execution and sale, in the same manner as the 
 personal property of individuals, and such property shall not be exempted 
 from execution and sale. 
 
 Sec. 15. Legislature to prescribe maximum rates. Discriminations. The 
 Legislature shall pass laws establishing reasonable maximum rates of 
 charges for the transportation of passengers and freight, for correcting 
 abuses, and preventing discrimination and extortion in rates of freight and 
 passenger tariffs by the different railroads, and other common carriers in 
 the State, and shall enforce such laws by adequate penalties. 
 
 Sec. 16. Armed bodies not to enter state, when. No corporation or asso- 
 ciation shall bring any armed person or bodies of men into this State for 
 the preservation of the peace, or the suppression of domestic trouble 
 without authority of law. 
 
 Sec. 17. Employee of corporation ineligible to municipal office, when. No 
 officer, employee, attorney or agent of any corporation, company or 
 association doing business under, or by virtue of any municipal charter or 
 franchise, shall be eligible to or permitted lo hold any municipal office, in 
 the municipality granting such charter or franchise. 
 
 Sir. IS. Liability of stockholders of banks. The stockholders in every 
 corporation, and joint slock association for banking purposes, in addition 
 
CONSTITUTION OF UTAH 179 
 
 to the amount of capital stock subscribed and fully paid by them, shall be 
 individually responsible for an additional amount, equal to the amount of 
 their stock in such corporation, for all its debts and liabilities of every 
 kind. 
 
 Sec. 19. Blacklisting forbidden . Every person in this State shall be 
 free to obtain employment whenever possible, and any person, corporation, 
 or agent, servant or employee thereof, maliciously interfering or hindering 
 in any way. any person from obtaining, or enjoying employment already 
 obtained, from any other corporation or person, shall be deemed guilty of 
 a crime. The Legislature shall provide by law for the enforcement of 
 this section. 
 
 Sec. 20. Trusts and combinations prohibited. Any combination by in- 
 dividuals, corporations, or associations, having for its object or effect the 
 controlling of the price of any products of the soil, or of any article of 
 manufacture or commerce, or the cost of exchange or transportation, is 
 prohibited, and hereby declared unlawful, and against public policy. The 
 Legislature shall pass laws for the enforcement of this section by adequate 
 penalties, and in case of incorporated companies, if necessary for that 
 purpose, it may declare a forfeiture of their franchise. 
 
 ARTICLE XIII 
 
 REVENUE AND TAXATION 
 
 Section 1. fiscal year. The fiscal year shall begin on the first day of 
 January, unless changed by the Legislature. 
 
 Sec. 2. What property taxable. Definitions. Revenue. All property in 
 the State, not exempt under the laws of the United States, or under this 
 Constitution, shall be taxed in proportion to its value, to be ascertained as 
 provided by law. The word property, as used in this article, is hereby 
 declared to include monies, credits, bonds, stocks, franchises and all 
 matters and things (real, personal and mixed) capable of private owner- 
 ship ; but this shall not be so construed as to authorize the taxation of the 
 stocks of any company or corporation, when the property of such com- 
 pany or corporation represented by such stocks, has been taxed. The 
 Legislature shall provide by law for an annual tax sufficient, with other 
 sources of revenue, to defray the estimated ordinary expenses of the 
 State for each fiscal year. For the purpose of paying the State debt, if 
 any there be, the Legislature shall provide for levying a tax annually, 
 sufficient to pay the annual interest, and principal of such debt, within 
 twenty years from the final passage of the law creating the debt. 
 
180 CONSTITUTION OF UTAH 
 
 Sec. 3. Legislature to pro-i'iJc uniform tax. Exemptions. The Legis- 
 lature shall provide by law a uniform and equal rate of assessment and 
 taxation on all property in the State, according to its value in money, and 
 shall prescribe by general law such regulations as shall secure a just 
 valuation for taxation of all property ; so that every person and corporation 
 shall pay a tax in proportion to the value of his, her or its property : 
 Provided, That a deduction of debts from credits may be authorized : 
 Provided further, That the property of the United States, of the State, 
 counties, cities, towns, school districts, municipal corporations and public 
 libraries, lots with the buildings thereon used exclusively for either 
 religious worship or charitable purposes, and places of burial not held or 
 used for private or corporate benefit, shall be exempt from taxation. 
 Ditches, canals, and flumes owned and used by individuals or corporations, 
 for irrigating lands owned by such individuals or corporations, or the in- 
 dividual members thereof, shall not be separately taxed so long as they 
 shall be owned, and used exclusively for such purpose. 
 
 Sec. 4. Taxation of mines. All mines and mining claims, both placer 
 and rock in place, containing or bearing gold, silver, copper, lead, coal 
 or other valuable mineral deposits, after purchase thereof from the 
 United States, shall be taxed at the price paid the United States therefor, 
 unless the surface ground, or some part thereof, of such mine or claim, is 
 used for other than mining purposes, and has a separate and independent 
 value for such other purposes ; in which case said surface ground, or anv 
 part thereof, so used for other than mining purposes, shall be taxed at its 
 value for such otRer purposes, as provided by law ; and all the machinery 
 used in mining, and all property and surface improvements upon or 
 appurtenant to mines and mining claims, which have a value separate and 
 independent of such mines or mining claims, and the net annual proceeds 
 of all mines and mining claims, shall be taxed as provided bv law. 
 
 Sec. 5. Local authorities to levy loeal taxes. The Legislature shall not 
 impose taxes for the purpose of any county, city, town or other municipal 
 corporation, but may, by law, vest in the corporate authorities thereof, re- 
 spectively, the power to assess and collect taxes for all purposes of such 
 corporation. 
 
 Sec. 6. Annual statement to be published. An accurate statement of the 
 receipts and expenditures of the public monies, shall be published annually 
 in such manner as the Legislature may provide. 
 
 Sloe. 7. Vox rate for state purposes. The rate of taxation on property, for 
 State purposes, shall never exceed eight mills on each dollar of valuation; 
 and whenever the taxable property within the State shall amount to two 
 hundred million dollars, the rate shall not exceed five mills on each dollar 
 
CONSTITUTION OF UTAH 181 
 
 of valuation ; and whenever the taxable property within the State shall 
 amount to two hundred million dollars, the rate shall not exceed five mills on 
 each dollar of valuation ; and whenever the taxable property within the State 
 shall amount to three hundred million dollars, the rate shall never thereafter 
 exceed four mills on each dollar of valuation ; unless a proposition to in- 
 crease such rate, specifying the rate proposed, and the time during which 
 the same shall be levied, be first submitted to a vote of such of the qualified 
 electors of the State, as in the year next preceding such election, shall have 
 paid a property tax assessed to them within the State, and the majority of 
 those voting thereon shall vote in favor thereof, in such manner as may be 
 provided by law. 
 
 Amendment to Section 7 of Article XIII 
 
 Section 7. Fixing the rate of taxation for state purposes, apportioning same 
 and creating a high-school fund. The rate of taxation on property for state 
 purposes shall never exceed eight mills on each dollar of valuation to be 
 apportioned as follows : Not to exceed four and one half mills on each 
 dollar of valuation for general state purposes ; not to exceed three mills 
 on each dollar of valuation for district school purposes ; Not to exceed 
 one half mill on each dollar of valuation for High School purposes; That 
 part of the state tax apportioned to high school purposes shall constitute a 
 fund to be called the " high school fund " and shall be apportioned to the 
 cities and school districts maintaining high schools in the manner the legis- 
 lature may provide. And whenever the taxable property within the state 
 shall amount to four hundred million dollars, the rate shall not exceed five 
 mills on each dollar of valuation ; unless a proposition to increase such rate, 
 specifying the rate proposed and the time during which the same shall be 
 levied, be first submitted to a vote of such of the qualified electors of the 
 State as, in the year next preceding such election, shall have paid a prop- 
 erty tax assessed to them within the State, and the majority of those voting 
 thereon shall vote in favor thereof, in such manner as may be provided by 
 law. (Amendment adopted November Sth, 1910.) 
 
 Sec. S. Officer not to mate profit out of public moneys. The making of 
 profit out of public monies, or using the same for any purpose not author- 
 ized by law, by any public officer, shall be deemed a felony, and shall be 
 punished as provided by law, but part of such punishment shall be dis- 
 qualification to hold public office. 
 
 Sec. 9. State expenditures to be kept within revenues. No appropriation 
 shall be made, or any expenditure authorized by the Legislature, whereby 
 the expenditure of the State, during any fiscal year, shall exceed the total 
 
1 82 CONSTITUTION OF UTAH 
 
 tax then provided for by law, and applicable for such appropriation or ex- 
 penditure, unless the Legislature making such appropriation, shall provide 
 for levying a sufficient tax, not exceeding the rates allowed in section seven 
 of this article, to pay such appropriation or expenditure within such fiscal 
 year. This provision shall not apply to appropriations or expenditures to 
 suppress insurrections, defend the State, or assist in defending the United 
 States in time of war. 
 
 Sec. 10. All property taxable where situated. All corporations or persons 
 in this State, or doing business herein, shall be subject to taxation for State, 
 County, School, Municipal or other purposes, on the real and personal 
 property owned or used by them within the territorial limits of the authority 
 levying the tax. 
 
 Sec. 11. State and county boards of equalization. Until otherwise provided 
 by law, there shall be a State Board of Equalization, consisting of the Gov- 
 ernor, State Auditor, State Treasurer, Secretary of State and Attorney- 
 General ; also, in each county of this State, a County Board of Equaliza- 
 tion, consisting of the Board of County Commissioners of said county. 
 The duty of the State Board of Equalization shall be to adjust and equalize 
 the valuation of the real and personal property among the several counties 
 of the State. The duty of the County Board of Equalization shall be to 
 adjust and equalize the valuation of the real and personal property within 
 their respective counties. Each Board shall also perform such other duties 
 as may be prescribed by law. 
 
 Sec. 12. Stamp, income, license, franchise, or mortgage tax permissible. 
 Nothing in this Constitution shall be construed to prevent the Legislature 
 from providing a stamp tax, or a tax based on income, occupation, licenses, 
 franchises or mortgages. 
 
 ARTICLE XIV 
 
 ri'BLIC I1E1ST 
 
 Section 1. State debt limitation. To meet casual deficits or failures in 
 revenue, and for necessary expenditures for public purposes, including the 
 erection of public buildings, and for the payment of all Territorial indebt- 
 edness assumed by the State, the Stale may contract debts, not exceeding 
 in the aggregate at any one time, (he sum of two hundred thousand dollars 
 over and above the amount of llie Territorial indebtedness assumed by the 
 Slate. But when the said Territorial indebtedness shall have been paid, 
 the State shall never contract any indebtedness, except as in the next sec- 
 tion provided, in excess of the sum ot two hundred thousand dollars, and 
 
CONSTITUTION OF UTAH 183 
 
 all monies arising from loans herein authorized, shall be applied solely to 
 the purposes for which they were obtained. 
 
 Amendment to Section 1 of Article XIV 
 
 Section 1. Fixing the limit of the state indebtedness. To meet casual 
 deficits or failures in revenue, and for necessary expenditures for public 
 purposes, including the erection of public buildings, and for the payment 
 of all Territorial indebtedness assumed by the State, the State may con- 
 tract debts, not exceeding in the aggregate at any one time, an amount 
 equal to one and one half per centum of the value of the taxable property 
 of the State, as shown by the last assessment for State purposes, previous 
 to the incurring of such indebtedness. But the State shall never contract 
 any indebtedness, except as in the next Section provided, in excess of 
 such amount, and all moneys arising from loans herein authorized, shall 
 be applied solely to the purposes for which they were obtained. (Amend- 
 ment adopted November 8, 1910.) 
 
 Sec. 2. Debts for public defense. The State may contract debts to repel 
 invasion, suppress insurrection, or to defend the State in war, but the 
 money arising from the contracting of such debts shall be applied solely to 
 the purpose for which it was obtained. 
 
 Sec. 3. Debts of counties, cities, etc., not to exceed revenue. Exception. 
 No debt in excess of the taxes for the current year shall be created by any 
 county or subdivision thereof, or by any school district therein, or by any 
 city, town or village, or any subdivision thereof in this State ; unless the 
 proposition to create such debt, shall have been submitted to a vote of such 
 qualified electors as shall have paid a property tax therein, in the year 
 preceding such election, and a majority of those voting thereon shall have 
 voted in favor of incurring such debt. 
 
 Sec. 4. Limit of indebtedness of counties, cities, etc. When authorized to 
 create indebtedness as provided in section three of this article, no county 
 shall become indebted to an amount, including existing indebtedness, ex- 
 ceeding two per centum. No city, town, school district or other municipal 
 corporation, shall become indebted to an amount, including existing in- 
 debtedness, exceeding four per centum of the value of the taxable property 
 therein, the value to be ascertained by the last assessment for State and 
 county purposes, previous to the incurring of such indebtedness ; except 
 that in incorporated cities the assessment shall be taken from the last as- 
 sessment for city purposes : Provided, That no part of the indebtedness 
 allowed in this section, shall be incurred for other than strictly county, 
 city, town or school district purposes : Provided, further, That any city or 
 
1 84 CONSTITUTION OF UTAH 
 
 town, when authorized as provided in Section three of this Article, maybe 
 allowed to incur a larger indebtedness, not exceeding four per centum ad- 
 ditional, for supplying such city or town with water, artificial lights or 
 sewers, when the works for supplying such water, light and sewers, shall 
 be owned and controlled by the municipality. 
 
 Amendment to Section 4 of Article XIV 
 
 Section 4. Fixing the limit of indebtedness of counties, cities, towns and 
 school districts. When authorized to create indebtedness as provided in 
 Section 3 of this article, no county shall become indebted to an amount, 
 including existing indebtedness exceeding two per centum. Xo city, town, 
 school district or other municipal corporation, shall become indebted to an 
 amount, including existing indebtedness, exceeding four per centum of the 
 value of the taxable property therein, the value to be ascertained by the 
 last assessment for State and County purposes, previous to the incurring 
 of such indebtedness ; except that in incorporated cities the assessment 
 shall be taken from the last assessment for city purposes ; provided, that, 
 no part of the indebtedness allowed in this section shall be incurred for 
 other than strictly county, city, town or school district purposes : provided 
 further, that any city of the first and second class when authorized as pro- 
 vided in Section three of this article, may be allowed to incur a larger in- 
 debtedness, not to exceed four per centum and any city of the third class, 
 or town, not to exceed eight per centum additional, for supplving such city 
 or town with water, artificial lights or sewers, when the w-orks for supplv- 
 ing such water, light and sewers, shall be owned and controlled bv the 
 municipality. (Amendment adopted Xovember Sth. 1910.) 
 
 Sec. 5. Borrowed money to be applied to authorized use. All monies bor- 
 rowed by, or on behalf of the State, or anv legal subdivision thereof, shall 
 be used solely for the purpose specified in the law authorizing the loan. 
 
 Sec. 6. State not to assume county, etc., debts. The State shall not assume 
 the debt, or any part thereof, of any county, city, town or school district. 
 
 Sec. 7. Existing indebtedness not impaired. Nothing in this article shall 
 be so construed as to impair or add to the obligation of anv debt hereto- 
 fore contracted, in accordance with the laws of Utah Territory, by any 
 county, city, town or school district, or to prevent the contracting of 
 any debt, or the issuing of bonds therefor, in accordance with said laws, 
 upon any proposition for that purpose, which, according to said laws, may 
 have been submitted to a vote of the qualified electors of anv county, citv, 
 town or school district before the day on which this Constitution takes 
 effect 
 
CONSTITUTION OF UTAH 185 
 
 ARTICLE XV 
 
 Section 1. How constituted. The militia shall consist of all able-bodied 
 iale inhabitants of the State, between the ages of eighteen and forty-five 
 ears, except such as are exempted by law. 
 
 Sec. 2. Organization and equipment. The Legislature shall provide by 
 lw for the organization, equipment and discipline of the militia, which 
 rail conform as nearly as practicable to the regulations for the govern- 
 tent of the armies of the United States. 
 
 ARTICLE XVI 
 
 SECTION 1. Rights of labor to be protected. The rights of labor shall have 
 1st protection through laws calculated to promote the industrial welfare of 
 le State. 
 
 Sec. 2. Board of labor. The Legislature shall provide by law, for a 
 oard of Labor, Conciliation and Arbitration, which shall fairly represent 
 le interests of both capital and labor. The Board shall perform duties 
 ad receive compensation as prescribed by law. 
 
 Sec. 3. Certain employments, etc., to be prohibited. The Legislature 
 nail prohibit : 
 
 (1) The employment of women, or of children under the age of four- 
 :en years, in underground mines. 
 
 (2) The contracting of convict labor. 
 
 (3) The labor of convicts outside prison grounds, except on public 
 orks under the direct control of the State. 
 
 (4) The political and commercial control of employees. 
 
 Sec. 4. Exchange of blacklists prohibited. The exchange of blacklists by 
 nlroad companies, or other corporations, associations or persons is pro- 
 ibited. 
 
 Sec. 5. Injuries resulting in death. Damages. The right of action to 
 ;cover damages for injuries resulting in death, shall never be abrogated, 
 nd the amount recoverable shall not be subject to any statutory limitation. 
 
 Sec. 6. Eight hours a day's labor on public works. Eight hours shall 
 onstitute a day's work on all works or undertakings carried on or aided 
 y the State, County or Municipal governments ; and the Legislature shall 
 ass laws to provide for the health and safety of employees in factories, 
 melters and mines. 
 
186 CONSTITUTION OF UTAH 
 
 Sec. 7. Legislature to enforce this article. The Legislature, by appro] 
 ate legislation, shall provide for the enforcement of the provisions of t 
 article. 
 
 ARTICLE XVII 
 
 WATER RIGHTS 
 
 Section 1. Existing rights confirmed. All existing rights to the use 
 any of the waters in this State, for any useful or beneficial purpose, 
 hereby recognized and confirmed. 
 
 ARTICLE XVIII 
 
 FORESTRY 
 
 SECTION 1. Forests to be preserved. The Legislature shall enact laws 
 prevent the destruction of and to preserve the Forests on the lands of 
 State, and upon any part of the public domain, the control of which n 
 be conferred by Congress upon the State. 
 
 ARTICLE XIX 
 
 PUBLIC BUILDINGS AND STATE INSTITUTIONS 
 
 Section 1. Property of territory becomes property of state All Institute 
 and other property of the Territory, upon the adoption of this Const 
 tion, shall become the Institutions and property of the State of Utah. 
 
 Sec. 2. Charitable and penal institutions, how maintained. Reformat 
 and Penal institutions, and those for the benefit of the Insane, Blind, D 
 and Dumb, and such other institutions as the public good may requ 
 shall be established and supported by the State in such manner, and un 
 such boards of control as may be prescribed by law. 
 
 Sec. 3. Seat of government and public institutions permanently loca 
 The Public Institutions of the State are hereby permanently located at 
 places hereinafter named, each to have the lands specifically granted t 
 by the United States, in the Act of Congress, approved July 16th, 1J 
 to be disposed of and used in such manner as the Legislature may provi 
 
 First: The Scat of Government and the State Fair at Salt Fake C 
 and the State Prison in the County of Salt Fake. 
 
 Second: The Institutions for the Leaf and numb, and the Blind) i 
 the State Reform School at Ogden City, in the County of Weber. 
 
 Third: The Stale Insane Asylum at Provo City, in the County 
 Utah. 
 
CONSTITUTION OF UTAH 187 
 
 ARTICLE XX 
 
 PUBLIC LANDS 
 
 Section 1. Land grants accepted on terms of trust. All lands of the 
 State that have been, or may hereafter be granted to the State by Con- 
 gress, and all lands acquired by gift, grant or devise, from any person or 
 corporation, or that may otherwise be acquired, are hereby accepted, and 
 declared to be the public lands of the State ; and shall be held in trust for 
 the people, to be disposed of as may be provided by law, for the respective 
 purposes for which they have been or may be granted, donated, devised 
 or otherwise acquired. 
 
 ARTICLE XXI 
 SALARIES 
 
 SECTION 1. Public officers to be paid salaries. Exceptions. All State, 
 district, city, county, town, and school officers, excepting notaries public, 
 boards of arbitration, court commissioners, justices of the peace and con- 
 stables, shall be paid fixed and definite salaries : Provided, That city 
 justices may be paid by salary when so determined by the mayor and 
 council of such cities. 
 
 Sec 2. Legislature to preside fees. Accounting. The Legislature shall 
 provide bv law, the fees which shall be collected by all officers within the 
 State. Notaries public, boards of arbitration, court commissioners, justices 
 of the peace, and constables paid by fees, shall accept said fees as their 
 full compensation. But all other State, district, county, city, town and 
 school officers, shall be required by law to keep a true and correct account 
 of all fees collected by them, and to pay the same into the proper treas- 
 ury, and the officer whose duty it is to collect such fees shall be held re- 
 sponsible under his bond for the same. 
 
 ARTICLE XXII 
 
 MISCELLANEOUS 
 
 Section 1. Homestead exemption. The Legislature shall provide by 
 law, for the selection by each head of a family, and exemption of a home- 
 stead, which may consist of one or more parcels of lands, together with 
 the appurtenances and improvements thereon of the value of at least 
 fifteen hundred dollars from sale on execution. 
 
1 88 CONSTITUTION OF UTAH 
 
 Sec. 2. Property rights of married women. Real and personal estate of 
 every female, acquired before marriage, and all property to which she 
 may afterwards become entitled by purchase, gift, grant, inheritance or 
 devise, shall be and remain the estate and property of such female, and 
 shall not be liable for the debts, obligations or engagements of her hus- 
 band, and may be conveyed, devised or bequeathed by her as if she were 
 unmarried. 
 
 ARTICLE XXIII 
 
 AMENDMENTS 
 
 Section 1. Amendments: proposal, election. Any amendment or 
 amendments to this Constitution may be proposed in either house of 
 the Legislature, and if two thirds of all the members elected to each of the 
 two houses, shall vote in favor thereof, such proposed amendment or 
 amendments shall be entered on their respective journals with the yeas 
 and nays taken thereon ; and the Legislature shall cause the same to be 
 published in at least one newspaper in every county of the State, where a 
 newspaper is published, for two months immediately preceding the next 
 general election, at which time the said amendment or amendments shall 
 be submitted to the electors of the State, for their approval or rejection, 
 and if a majority of the electors voting thereon shall approve the same, 
 such amendment or amendments shall become part of this Constitution. 
 If two or more amendments are proposed, they shall be so submitted as to 
 enable the electors to vote on each of them separately. ™ 
 
 Sec. 2. Revision of the Constitution. Whenever two thirds of the mem- 
 bers, elected to each branch of the Legislature, shall deem it necessary to 
 call a convention to revise or amend this Constitution, they shall recom- 
 mend to the electors to vote, at the next general election, for or against a 
 convention, and, if a majority of all the electors voting at such election, 
 shall vote for a convention, the Legislature, at its next session, shall pro- 
 vide by law for calling the same. The convention shall consist of not 
 less than the number of members in both branches of the Legislature. 
 
 Sec. 3. Id. Submission to electors.. No Constitution, or amendments 
 adopted by such Convention, shall have validity until submitted to, and 
 adopted by, a majority of the electors of the State voting at the next gen- 
 eral election. 
 
 ARTICLE XXIV 
 
 SCHEDULE 
 
 Section 1. Actions, contracts, etc, to continue. In order that no incon- 
 venience may arise, by reason of the change from a Territorial to a State 
 
CONSTITUTION OF UTAH 189 
 
 Government, it is hereby declared that all writs, actions, prosecutions, 
 judgments, claims and contracts, as well of individuals as of bodies cor- 
 porate, both public and private, shall continue as if no change had taken 
 place ; and all process which may issue, under the authority of the Terri- 
 tory 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, 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. 
 
 Sec. 3. Prisoners to be held. Any person, who, at the time of the ad- 
 mission of the State into the Union, may be confined under lawful com- 
 mitment, 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 tiic territory. All fines, 
 penalties and forfeitures accruing to the Territory of Utah, or to the peo- 
 ple 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 re- 
 covery 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 LItah ; and all fines, taxes, penalties and forfeitures, due 
 or owing to any county, municipality or school district therein, at the 
 
I go CONSTITUTION OF UTAH 
 
 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 Govern- 
 ment, and which shall then be pending, shall be prosecuted to judgment 
 and execution in the name of the State, and in the court having jurisdic- 
 tion thereof. All offenses committed against the law r s 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 prose- 
 cuted in the name, and by the authority of the State of Utah, with like 
 effect as though such change had not taken place, and all penalties in- 
 curred 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 pro- 
 vided herein, shall be appropriately transferred to the Supreme and Dis- 
 trict 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 the Con- 
 gress 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 :i change from Territorial to State Gov- 
 ernment, tile seal in use by the Supreme Court of the Territory of Utah, 
 until otherwise provided by law, shall pass to ami become the Seal of the 
 Supreme Court of the Stale, and the several District Courts of the State 
 may adopt seals for their respective courts, until otherwise provided by law. 
 
CONSTITUTION OF UTAH 
 
 191 
 
 Sec. 9. Transfer of probate causes to district eon lis. 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, 1S96, 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 im- 
 posed 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, ap- 
 proved by the President of the United States on July 16th, 1S94. 
 
 Sec. 11. Iilectiou for adoption or rejection of Constitution, and for state 
 officers. Voters. The election for the adoption or rejection of this Con- 
 stitution, and for State Officers herein provided for, shall be held on the 
 Tuesday next after the first Monday in November, 1895, and shall be con- 
 ducted 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. 
 
192 CONSTITUTION OF UTAH 
 
 Sec. 12. Id. Officers to he elected. The State Officers to be voted for 
 at the time of the adoption of this Constitution, shall be a Governor, Sec- 
 retary of State, State Auditor, State Treasurer, Attorney-General, Super- 
 intendent of Public Instruction, members of the Senate and House of 
 Representatives, three Supreme Judges, nine District Judges, and a Rep- 
 resentative 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, to- 
 gether 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 stibmitted to voters. Ballot. This Constitu- 
 tion 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. IVhen Constitution in force. The provisions of this Constitu- 
 tion 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 arc 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, anil of ihe Independence of the United States the one 
 hundred and nineteenth. 
 
AMENDMENTS 
 
 ARTICLE VI 
 
 Section 1. Power vested in Senate House and People. The legislative 
 power of the State shall be vested : 
 
 1. In a Senate and House of Representatives, which shall be desig- 
 nated the Legislature of the State of Utah. 
 
 2. In the people of the State of Utah as hereinafter stated : 
 
 The legal voters or such fractional part thereof of the State of Utah, as 
 may be provided by law, under such conditions and in such manner and 
 within such time as may be provided by law, may initiate any desired leg- 
 islation and cause the same to be submitted to a vote of the people for 
 approval or rejection, or may require any law passed by the Legislature 
 {except those laws passed by a two thirds vote of the members elected to 
 each house of the Legislature) to be submitted to the voters of the State 
 before such law shall take effect. 
 
 The legal voters, or such fractional part thereof, as may be provided by 
 law, of any legal subdivision of the State, under such conditions and in 
 such manner and within such time as may be provided by law, may initiate 
 any desired legislation and cause the same to be submitted to a vote of 
 the people of said legal subdivision for approval or rejection, or may re- 
 quire any law or ordinance passed by the law-making body of said legal 
 subdivision to be submitted to the voters thereof before such law or ordi- 
 nance shall take effect. [Amendment adopted Nov. 6, 1900.] 
 
 Section 22. Enacting Clause. Passage and amendments of law. The 
 enacting clause of every law shall be, " Be it enacted by the Legislature of 
 the State of Utah." Except such laws as may be passed by the vote of 
 the electors as provided in subdivision 2, section 1 of this article, and such 
 laws shall begin as follows : " Be it enacted by the people of the State of 
 Utah." No bill or joint resolution shall be passed, except with the assent 
 of the majority of all the members elected to each house of the Legisla- 
 ture, and after it has been read three times. The Vote upon the final 
 passage of all bills shall be by yeas and nays ; and no law shall be revised 
 or amended by reference to its title only ; but the act as revised, or sec- 
 tion as amended, shall be re-enacted and published at length. [Amend- 
 ment adopted Nov. 6, 1900.] 
 
 193 
 
1 94 CONSTITUTION OF UTAH 
 
 ARTICLE X 
 
 Section 6. Separate control of city schools. In cities of the first and 
 
 second class the public school system shall be controlled by the Board of 
 
 Education of such cities, separate and apart from the counties in which 
 said cities are located. [Amendment adopted Nov. 6, 1900. J 
 
 ARTICLE XIII 
 
 Section 3. Legislature to provide uniform tax. Exemptions. The Leg- 
 islature shall provide by law a uniform and equal rate of assessment and 
 taxation on all property in the State, according to its value in money, and 
 shall prescribe by general law such regulations as shall secure a just valu- 
 ation for taxation of all property, so that every person and corporation 
 shall pay a tax in proportion to the value of his, her or its property : pro- 
 vided that a deduction of debits from credits maybe authorized : Provided 
 further, that the property of the United States, of the State, counties, 
 cities, towns, school districts, municipal corporations and public libraries, 
 lots with the buildings thereon used exclusively for either religious wor- 
 ship or charitable purposes, and places of burial not held or used for pri- 
 vate or corporate benefit, shall be exempt from taxation. Ditches, canals, 
 reservoirs, pipes and flumes owned and used by individuals or corpora- 
 tions for irrigating lands owned by such individuals or corporations, or 
 the individual members thereof, shall not be separatelv taxed so long as 
 they shall be owned and used exclusively for such purpose. Frovided 
 further, that the taxes of the indigent poor may be remitted or abated at 
 such time and in such manner as may be provided by law. [Amendment 
 adopted Nov. 6, 1900.] 
 
 ARTICLE X 
 
 Section 2. Public school system. Maintenance. The public school svs- 
 tem shall include kindergarten schools, common schools, consisting of 
 primary and grammar grades, High Schools, an Agricultural College, a 
 University, and such other schools as the Legislature may establish. The 
 common schools shall be free. The other departments of the system 
 shall be supported as provided by law. Provided, that High Schools may 
 be maintained free in all cities of the fust and second class now constitut- 
 ing school districts, and in such other cities and districts as may be 
 designated by the Legislature. l!ut where the proportion of school mon- 
 ies apportioned or accruing to any city or district shall not be sufficient to 
 
AMENDMENTS 
 
 195 
 
 maintain all the free schools in such city or district, the High School shall 
 be supported by local taxation, Provided, That when any cities or districts 
 shall establish High Schools, the Legislature may authorize the use of 
 State school funds to assist in supporting such schools, said funds being 
 apportioned to the cities or districts concerned, by the State Board of 
 Education. [The above amendment was adopted Nov. 6, 1906.] 
 
 Amendment to Section 2 of Article X 
 
 Section 2. Defining what shall constitute the public school system. The 
 public school system shall include kindergarten schools ; common schools, 
 consisting of primary and grammar grades ; high schools, an agricultural 
 college ; a university ; and such other schools as the Legislature may 
 establish. The common schools shall be free. The other departments of 
 the system shall be supported as provided by law. (Amendment adopted 
 November Sth, 1910.) 
 
 ARTICLE XIII 
 
 Section 3. Legislature to provide uniform tax. Exemptions. The Legis- 
 lature shall provide by law a uniform and equal rate of assessment and taxa- 
 tion on all property in the State, according to its value in money, and shall 
 prescribe by general law such regulations as shall secure a just valuation 
 for taxation of all property, so that every person and corporation shall pay a 
 tax in proportion to the value of his, her or its property ; Provided, that a 
 deduction of debits from credits ma}' be authorized : Provided further, 
 that the property of the United States, of the State, counties, cities, towns, 
 school districts, municipal corporations and public libraries, lots with the 
 buildings thereon used exclusively for either religious worship cfr charitable 
 purposes, and places of burial not held or used for private or corporate 
 benefit, shall be exempt from taxation. Ditches, canals, reservoirs, pipes 
 and flumes owned and used by individuals or corporations for irrigating 
 lands owned by such individuals or corporations, or the individual mem- 
 bers thereof, shall not be separately taxed as long as they shall be owned 
 and used exclusively for such purpose : Provided further, that mortgages 
 upon both real and personal property shall be exempt from taxation : 
 Provided further, that the taxes of the indigent poor may be remitted or 
 abated at such time and in such manner as may be provided by law. [The 
 above amendment was adopted Nov. 6th, 1906.] 
 
 Section 12. Stamp, income, license or franchise tax permissible. Nothing 
 in this Constitution shall be construed to prevent the Legislature from 
 
196 CONSTITUTION OF UTAH 
 
 providing a stamp tax, or a tax based on income, occupation, licenses or 
 franchises. [The above Amendment was adopted Nov. 6th, 1906.] 
 
 Sec. 4. Taxation of mines and mining property. All mines and mining 
 claims, both placer and rock in place, containing or bearing gold, silver, 
 copper, lead, coal or other valuable mineral deposits, after purchase 
 thereof from the United States, shall be taxed at the price paid the United 
 States therefor, unless the surface ground, or some part thereof, of such 
 mine or claim, is used for other than mining purposes, and has a separate 
 and independent value for such other purposes ; in which case said sur- 
 face ground, or any part thereof, so used for other than mining purposes, 
 shall be taxed at its value for such other purposes, as provided by law; 
 and all the machinery used in mining, and all property and surface im- 
 provements upon or appurtenant to mines and mining claims, which have 
 a value separate and independent of all such mines or mining claims and 
 the net annual proceeds of all mines and mining claims, shall be taxed by 
 the State Board of Equalization. [Amendment adopted Nov. 3rd, 1908.] 
 
INDEX 
 
 Abiquiu, 3. 
 
 Accountancy, Board of, 73. 
 Adjutant, General, 67. 
 Administrative Offices, 54. 
 Agricultural College, 120, 121, 126, 
 
 130. 
 American Fork River, 6. 
 Ashley, William A., 12. 
 Attorney, District, 61. 
 Attorney, General, 56. 
 Auditor, 55. 
 
 Babbitt, A. W., 28. 
 Ballot, 143. 
 Bank Examiner, 67. 
 Bear River, it, 17. 
 Bee Inspector, 98. 
 Bill, 47. 
 
 Board of Accountancy, 73. 
 Board of County Commissioners, 89. 
 Board of Education, 132. 
 Board of Examiners, 77. 
 Board of Health, 78. 
 Board of Pardons, 41, 81. 
 Board of Veterinary Medical Exami- 
 ners, 83. 
 Bonneville, Captain, 15. 
 Bridger, James, 11. 
 
 Calientes, Aguas, 5. 
 California, 29. 
 Capitol, 80. 
 Cardenas, 3. 
 Cases in Court, 62. 
 Charles V, 24. 
 Chemist, State, 68. 
 Cibola, 2, 3, 10. 
 Citizenship, 41 . 
 City Auditor, no. 
 City Commissioners, 109. 
 City Engineer, 114. 
 City Government, 105. 
 
 City Treasurer, 112. 
 
 Classification of Counties, 87. 
 
 Cleveland, Grover, 30. 
 
 Coal Mine Inspector, 69. 
 
 Comanches, 7. 
 
 Commander in chief, 67. 
 
 Committees, 47, 140. 
 
 Compensation, 46. 
 
 Conference Committee, 4g. 
 
 Constable, 101. 
 
 Constitutional Convention, 30. 
 
 Conventions, 138. 
 
 Coronado, 2. 
 
 Council of the Indies, 24. 
 
 County Assessor, 94. 
 
 County Attorney, 94. 
 
 County Auditor, 92. "• 
 
 County Board of Health, 95. 
 
 County Clerk, 92. 
 
 County Government, 85. 
 
 County Recorder, 93. 
 
 County Road Commissioner, 97. 
 
 County Superintendent, 95, 123. 
 
 County Surveyor, 94. 
 
 County Treasurer, 91. 
 
 Court, District, 60. 
 
 Court, Juvenile, 61. 
 
 Court, Supreme, 58, 59. 
 
 Court of Audience, 24. 
 
 Crimes, 63. 
 
 Cuitza Pununchi, 7. 
 
 Dairy and Food Commissioner, 69. 
 
 Deaf and Blind, School for, 128, 130. 
 
 De Smet, Father, n, 16. 
 
 De Tabor, Pedro, 2. 
 
 De Vaca, Cabeza, 2. 
 
 Dental and Medical Board, 75. 
 
 Deseret, 28, 30. 
 
 Domingucz, 3, 10. 
 
 Donner's Trail, 18, 22. 
 
 Duchesne Fork, 4. 
 
 197 
 
198 
 
 INDEX 
 
 Education, 117. 
 
 Education, Board of, 123. 
 
 Education, State Board of, 75. 
 
 Elections, 141. 
 
 Emigration, 18. 
 
 Emigration, Commissioner of, 72. 
 
 Emigration Canon, ly. 
 
 Enabling Act, 31. 
 
 Engineer, 70. 
 
 Engrossment, 49. 
 
 Equalization, County Board of, 76. 
 
 Escalante, 3, 4. 
 
 Executive, 52. 
 
 Executive Department, 52. 
 
 Felonies, 63. 
 
 Ferdinand, 24. 
 
 Fire Chief, 114. 
 
 Fire Department, 114. 
 
 Fish and Game Warden, 71. 
 
 Fort Ashley, 13. 
 
 Fort Bridger, 18, 22. 
 
 Fort Laramie, 21. 
 
 Fremont, John, 18, 19. 
 
 Government, Federal, 32. 
 Government of Utah, 36/ 
 Governor, 27, 53, 54. 
 Governor's Staff, 67. 
 Grand Jury, 65. 
 Great Salt Lake, 11, 18, 19. 
 Green River, 4. 
 Guadalupe Hidalgo, 26. 
 
 Hastings, 18. 
 Health, Board of, 78. 
 Health Department, 115. 
 Henry, Major Andrew, T2. 
 High Schools, 122. 
 Horticulture Inspector, 97. 
 House of Representatives, 27. 
 Hudson Bay Co,, 14. 
 Hung jury, 64. 
 
 Tmpearhmcnt, 44. 
 Industrial School, 78, 1 17. 
 Initiative, 4.8. 
 Insanity, Board of, 78. 
 Insurance, 72. 
 
 Jury, 64. 
 
 Jury, < Irantl, 05. 
 
 Justice of Peace, 101. 
 
 Labor, Board of, 78. 
 Land of Seven Cities, r, 2. 
 Legislative Department, 43. 
 Library, 76. 
 Licenses, 90. 
 Licenses of Death, 92. 
 Live Stock, 69. 
 Loan Commissioners, 80. 
 Local Government, 100. 
 Log-rolling, 51. 
 
 Marriage Licenses, 92. 
 
 Marshal and Police, 113. 
 
 Mauvaise Gauche, 12. 
 
 Mayor, 107. 
 
 Measurements of Land, 103. 104. 
 
 Medical Examiners, Board of, 80. 
 
 Mendoza, 2. 
 
 Mental Hospital, 133. 
 
 Misdemeanors, 64. 
 
 Monterey, 16. 
 
 Moqui, 3. 
 
 Moqui Indians, 3. 
 
 Mormons, 17. 
 
 Northwest Fur Co., 14. 
 Notaries Public, Si. 
 
 Ogden, Peter Skeen, 14. 
 Ogden City, 14. 
 Optometry, Board of, 81. 
 Oregon Trail, 22. 
 
 Padilla, 2. 
 
 Paua Guampors, S. 
 
 Panchu Cumquibiran, 7. 
 
 Pardons, Board of, 54, Si. 
 
 Park Commissioners. 82. 
 
 Pharmacy, State Board of, S2. 
 
 Pioneers, 21. 
 
 Political Parties, 135. 
 
 Pratt, Orson, 22. 23. 
 
 Preamble, 30. 
 
 Precinct Government, 100. 
 
 President of Senate. 44, (O. 
 
 Primaries, 1 1 1 . 13S 140. 
 
 Prison. 133. 
 
 Privileges, 40. 
 
 Provo River, 6, 1 2. 
 
 Provot, 1 2. 
 
 Piovot's Hole, 13. 
 
INDEX 
 
 199 
 
 Quorum, 45. 
 
 Records, 47. 
 
 Registrar of Births and Deaths, 102. 
 
 Registration, 141. 
 
 Representatives, House of, 44. 
 
 Road Commissioner, 07. 
 
 Road, State Commission, 82. 
 
 Roads, 82. 
 
 Rocky Mountain Fur Co., 12. 
 
 Sabueganas, 7. 
 
 Salaries of County Officials, 88. 
 
 San Nicholas River, 5. 
 
 Santa Fe, 3, 5. 
 
 School Funds, no. 
 
 School Trustees, 124. 
 
 Secretary of State, 55. 
 
 Senate, 43. 
 
 Serra, Junipero, 3. 
 
 Sevier Lake, 8. 
 
 Sewers and Sanitation, 115. 
 
 Sheep Commissioners, S3. 
 
 Sheriff, 91. 
 
 Sidewalks, 129. 
 
 Smith, J. S., 15. 
 
 Snow, Erastus, 22. 
 
 Spanish Colonial Government, 24. 
 
 Spanish Governor, 25. 
 
 Speaker, 46. 
 
 State Government, 33. 
 
 Superintendent of Public Instruction, 57 
 
 Supervisor of Board, 101. 
 
 Supreme Court, 27. 
 
 Taxation, 129. 
 Taylor, Zachary, 28. 
 Tejos, 2. 
 
 Territorial Government, 25. 
 Territory of Utah, 1849, 28. 
 Territory of Utah, 29. 
 Timpanogas, Lake of, 8. 
 Timpanogas, Land of, 4, 8. 
 Town, 104. 
 Town Board, 105. 
 Townshend, 21. 
 Township, 103. 
 Treasurer of State, 56. 
 Trial, 62-65. 
 Turu, 7. 
 Tuscayan, 3. 
 
 Uinta, 4. 
 
 University of Utah, 126, 127, 130. 
 
 Utah Valley, 74. 
 
 Veterinarian, 72. 
 Veto, 50. 
 Voters, 141. 
 Voting, 41. 
 
 Water Works, 114. 
 Wolfskill, William, 15. 
 
 Young, Brigham, 22, 29. 
 Yutas, 3, 5. 
 
 Zuni, 2, 10.