The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-14

SlQeTeQ the most important DInuCU, IT,
ported yesterday. Goodwin gave no.
tice that one or two members of the
committee disagreed witt 'he COM
mitiee and might either submit mend
ments on the floor or a minority re-
port. The article is as follows:
Section 1.-The judicial power Of the
state snail be vested in the senate sitting
as court OF impeachment, i'll a supreme
court. IN district courts, in justices of the
peace, and such other courts inferior to
The supreme courts as may be established
by law
See. 2.-The supreme court shall con-
Sist of three judges; but after the year
y. d. 1893 the legislature may increase
the number thereof to five. a majority
OF the judges constituting the court shall
be necessary to make a quorum or pro-
nounce d decision. If from any cause a
justice of the supreme court shall be dis
qua from sitting in q, case before
said court. the remaining judges shall
cali 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 for the judge Of the SUI
preme court, excepting as Ill this article
Otherwise provided. shall be six years.
The judges of the supreme court shall i'm
medlateiy after the first election under
this constitution be selected by lot, so
Z that one shall hold his Office for the term
of three years, and one for the term of
nve years, and one for the term of seven
Judges OF the supreme court, who shall
Tor that purpose assemble at the seat of
government ana they SHAH cause the
result thereof 10 be certified by the sec
rotary OF state and filed in his Office.
The judge having the shortest term to
serve, not holding his office 10y appoint
ment or election to fill a vacancy, shall
be the chief justice, and shall preside at
al terms of the supreme court, and in case
OF his absence the judge having in like
manner the next shortest term shall pre-
side in his stead.
Qualifications For Judges.
See. 3.-Every judge of the supreme
court she'll be at least thirty years of
age, and shall before his election. be a
member Of the bar. learned in the law
and d resident of the territory or state of
Utah for I'VE years next preceding his
election.
Sec. 4.-The supreme court shall have
original jurisdiction to issue writs of
mandamus, certiorart, prohibition, quo
warranto and habeas corpus. In other
cases il shall have appellate jurisdiction
only and power 10 issue writs necessary
and proper for the exercise OF that juris-
dictlOn. the supreme court shall hold
at least three terms every year and shall
sit 81 the capital of the state.
Sec. 5.-The state shall be divided into
seven judicial districts, for each Of which
at least one and not exceeding three
Judges shall he chosen by the qualified
electors thereof. The term of office of
There shall be held a district court in
each county at least four times a year.
Each judge of the district court shall De
at least thirty years of age, a member of
the bar, learned in the law, a resident of
the state three years and shall reside in
the district for which he shall be elected |
Any district Judge may hold q district /
court in any county at the request of the /
Judge Of the district, and upon q request /
o. the governor it shall be his duty to do |
so. Any cause in the district court may
be tried hy a Judge pro tempore who (
must be a member of the bar, agreed /
upon by the parties or their attorneys of /
record, shall fO try na
cause.
Increasing and Decreasing Districts. I
Sec. 6.-The legislature may alter the /
limits Of any judicial district or increase /
or decrease the number of districts or the /
Judges thereof. No alteration Of increase /
shall have the effect to remove a Judge |
from office. In every additional district /
established. a Judge shall be elected by /
the electors thereof and his term CT Office /
shall continue as provided in the proceed
ing section.
Sec. THE district court shall have
original jurisdiction in all matters civil
and criminal, not excepted in this con
stitution and not prohibited by law: and
appellate jurisdiction from all inferior
courts and tribunals and a supervisory
control of the same. They shall have
power TO Issue writs of habeas corpus,
certiorari. prohibition and other writs
necessary TO carry into effect their orders
Judgments ard DEGREES. and give them a
dictiops.
Sec S..The legislature shall determine
elected from each county city and in
corporated town in the state. and fix by
Jaw Jaw ;helr powers. duties and compensa-
tion The jurisdiction of justices of the
peace shall be as now provided by law,
same.
Appeals to supreme Court.
Sec 9.-From all firel judgments of the :
fIf Gft rio
appeal - the supreme court on questions
OF law alone. An appeal shall also lie
rom the final orders and DEGREES of the
court IN the administration of decedent
estates ana in cases of guardianship, as
shall be provided by law. And also an
psdls shall lie from Che final judgments
criminal cases to the district courts on
both questions of law ard fact, with such '
provide by law. and the decision Of the 5
district court on such appeals shall be |
iinal. except in cases involving the ,
validity or constitutionality OF a statute. !
Sec. 10 county attorney shall be l
elected by the qualified voters of each I
county, who shall hold his office for the t
duties Of county attorneys and such 6
other attorneys of the state as the legis- +
lature may provide, shall be prescribed
by law. In all cases where the attorney
for any county for the state fails or re- 1
fuses to attend and prosecute accorcinp- '
to law. the court shall have The power to 7
Sec jl-Judges may be removed from 6
office by the concurrent vote of both y
houses of the legislature each voting :
but two-thirds of the mem u
bers 10 which each house NAV be en- c
itled must concur in such vote. Tho Il
vote shall he determined by ayes ard h
noes. and the names of the members n
voting for or against a fudge 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 o
notice thereof accompanied with a r-opv q
Of the cause alleged for his removal at ! y
least ten days before the day on which :
either house of the legislature shall act :,
hereupon. Z
Compensation of Judges. ;,
Section 12.-The judges of the supreme
ma district courts shall receive at stated
lines a compensation for their services,
shed during the time for which they are c
elected No judge of the supreme court n
y district court shall be paid his salary r
er any part thereof unless he shall have =
list taken and subscribed an oath that G
mere Is not ending III court of which he Il
s judge any matter in controversy sub h
nitted for his consideration three months | IT
Iecided a
Sec. E.-No judge Of the supreme court VI
raj OF any cause where either of the is
'arties shall be connected with him by :.
mnity or consanguinity within the de- =.
rec OF first cousin or in which he may q
ave been of counsel or at the trial of ia
Which he may have presided in any infe- &C
Tor court, except by consent Of all the fo
arties. :.
Sec. 1.-THE Supreme court shall ap IS
oint clerk and a reporter of its Gsci-
ions, who shall hold their offices during
T11er ,c11r-. of