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 Congress of the United States, and such motion and petition not being made, all such cases shall be proceeded with in the proper State Courts.

Transfer of causes, etc., Enabling Act, sec. 17. Plaintiffs resided in Salt Lake county, and defendants in Utah county. The case had already been tried in the first district court of the territory under section 3196, C. L. 1888, as amended in

1896, passed before this case was tried the last time; held, not to be error in the court to try the case in Utah county and deny a change of venue to Salt Lake county. Jungk v. Holbrook, — U. —; 49 P. 305.

SEC. 8. [Seals of courts.] Upon a change from Territorial to State Government, the seal in use by the Supreme Court of the Territory of Utah, until otherwise provided by law, shall pass to and become the Seal of the Supreme Court of the State, and the several District Courts of the State may adopt seals for their respective courts, until otherwise provided by law.

Supreme and district courts each have a seal, art. 8, sec. 17.

SEC. 9. [Transfer of probate causes to district courts.] When the State is admitted into the Union, and the District Courts in the respective districts are organized, the books, records, papers and proceedings of the probate court in each county, and all causes and matters of administration pending therein, upon the expiration of the term of office of the Probate Judge, on the second Monday in January, 1896, shall pass into the jurisdiction and possession of the District Court, which shall proceed to final judgment or decree, order or other determination in the several matters and causes, as the Territorial Probate Court might have done, if this Constitution had not been adopted. And until the expiration of the term of office of the Probate Judges, such Probate Judges shall perform the duties now imposed upon them by the laws of the Territory. The District Courts shall have appellate and revisory jurisdiction over the decisions of the Probate Courts as now provided by law, until such latter courts expire by limitation.

General jurisdiction of district courts, art. 8, secs. 7,9.

Under section 9 of article 24, and sections 1 and 7 of article 8, a probate judge appointed under the

territorial government ceases to hold office as such after January 13, 1896. State, ex rel. Bishop, v. McNally, 13 U. 25; 43 P. 920.

SEC. 10. [Officers to hold office until superseded.] All officers, civil and military, now holding their offices and appointments in this Territory by authority of law, shall continue to hold and exercise their respective offices and appointments, until superseded under this Constitution: Provided, That the provisions of this section shall be subject to the provisions of the Act of Congress, providing for the admission of the State of Utah, approved by the President of the United States on July 16th, 1894.

Territorial officers to continue until state admitted, Enabling Act, sec. 5.

This section does not change the intent of sec

tion 1764, C. L. 1888, to supersede an appointive officer at the expiration of two years. State, ex rel. Weber, v. Beardsley, - U-; 45 P. 569.

SEC. 11. [Election for adoption or rejection of constitution, and for state officers. Voters.] The election for the adoption or rejection of this Constitution, and for State Officers herein provided for, shall be held on the Tuesday next after the first Monday in November, 1895, and shall be conducted according to the laws of the Territory, and the provisions of the Enabling Act; the votes cast at said election shall be canvassed, and returns made, in the same

manner as was provided for in the election for delegates to the Constitutional Convention.

Provided, That all male citizens of the United States, over the age of twentyone 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.

Terms of state officers, art. 7, sec. 1. Election on Act, secs. 2, 4. Qualifications of voters at general constitution and for first state officers, Enabling election, art. 4, sec. 2.

SEC. 12. [Id. Officers to be elected.] The State Officers to be voted for at the time of the adoption of this Constitution, shall be a Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, Superintendent of Public Instruction, members of the Senate and House of Representatives, three Supreme Judges, nine District Judges, and a Representative to Congress. Terms begin, when, art. 24, sec. 16; Enabling Act, sec. 19.

SEC. 13. [Contest for district judgeship, how determined.] In case of a contest of election between candidates, at the first general election under this Constitution, for Judges of the District Courts, the evidence shall be taken in the manner prescribed by the Territorial laws, and the testimony so taken shall be certified to the Secretary of State, and said officer, together with the Governor and the Treasurer of the State, shall review the evidence, and determine who is entitled to the certificate of election.

Tie votes, how decided, art. 7, sec. 2.

SEC. 14. [Constitution to be submitted to voters. Ballot.] This Constitution shall be submitted for adoption or rejection, to a vote of the qualified electors of the proposed State, at the general election to be held on the Tuesday next after the first Monday in November, A. D. 1895. At the said election the ballot shall be in the following form:

For the Constitution. Yes. No.

As a heading to each of said ballots there shall be printed on each ballot the following Instructions to Voters:

All persons desiring to vote for the Constitution must erase the word "No." All persons desiring to vote against the Constitution must erase the word "Yes."

Election on constitution, Enabling Act, sec. 4. General elections, when held, art. 4, sec. 9.

SEC. 15. [Election of officers not provided for herein.] The Legislature, at its first session, shall provide for the election of all officers, whose election is not provided for elsewhere in this Constitution, and fix the time for the commencement and duration of their terms.

SEC. 16. [When constitution in force.] The provisions of this Constitution shall be in force from the day on which the President of the United States shall issue his proclamation, declaring the State of Utah admitted into the Union; and the terms of all officers elected at the first election under the provisions of this Constitution, shall commence on the first Monday, next succeeding the issue of said proclamation. Their terms of office shall expire when their successors are elected and qualified under this Constitution.

Terms of first officers begin, when, Enabling Act, sec. 19.

1

Done in Convention at Salt Lake City, in the Territory of Utah, this eighth day of May, in the year of our Lord one thousand eight hundred and ninety-five, and of the Independence of the United States the one hundred and nineteenth. JOHN HENRY SMITH,

MOSES THATCHER.
DANIEL THOMPSON.

INGWALD CONRAD THORESEN.
JOSEPH EPHRAIM THORNE.
SAMUEL R. THURMAN.

WILLIAM GRANT VAN HORNE.

CHARLES STETSON VARIAN.
HEBER M. WELLS.
NOBLE WARRUM JR.
ORSON FERGUSON WHITNEY.
JOSEPH JOHN WILLIAMS.

By

order of the
Convention

May 8th, 1895.
JOHN HENRY SMITH,*
President.

The constitution was adopted Nov. 5, 1895, by a vote of 81,305 to 7,687. The proclamation of the president of the United States an ouncing the result of such election and admitting the state to the union was issued Jan. 4, 1896. The inauguration of state officers took place Jan. 6, 1896.