Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Document introduced in:

Session 7355: 1895-03-18 14:00:00

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Proposition on Removal of County Seats, Division of Counties, County Officers and their Compensation [File No. 116]

There are 0 proposed amendments related to this document on which decisions have not been taken.

Mr. President and Gentlemen of the Convention:-

… present a proposition for insertion into the Constitution concerning-

1. “Removals of County-seats.”

2. “Divisions of Counties.”

3. “County Officers and their Compensation.”

and ask that the same be read according to our rules and referred to the Committee on “Municipal Corporations.”

Note:- Amended from California, Wyoming, and Idaho

Sec I- No county seat shall be removed, unless two-thirds of the electors of the county voting on the proposition, at a general election, shall vote in favor of such removal. A proposition for the removal of the county seat shall not be submitted to the electors to the same county more than once in six years.

Section 2. No county shall be divided unless a two-thirds majority of the electors of the territory proposed to be cut off, voting on the proposition at a general election, shall vote in favor of such division. Wherever any county is divided each division shall be held to pay its ratable proportion of all the existing liabilities of such county.

Section 3. There shall be elected in each county of this state at the general election in the year A.D. 1896 three commissioners, two for two years and one for four years, a county judge, a clerk and a recorder, for a term of four each, and whose successors shall be elected for four years; a sheriff, a treasurer an assessor, a superintendent of schools, a surveyor and a coroner who shall be ex officio public administrator for a term of two years each and whose successors thereafter shall be elected for a term of two years; PROVIDED, That the treasurer shall be ex officio collector and not eligible to reelection as his own successor.

Section 4. The legislature shall provide by general law for the election and qualification of the officers named in the preceding section and prescribe their duties and the maximum and minimum compensation, within the limits prescribed by law, for the officers of their respective counties; and PROVIDED FURTHER that all such officers, except the recorder, surveyor, coroner, who may be paid by fees, and the commissioners who shall be paid a per diem and mileage, to be fixed by law, shall be paid by regular monthly salary.

Section 5. No county officers other than those named in Section 3 of this article shall be established by law; but any of said officers may be empowered by the county commissioners of their respective counties to appoint such deputies and clerical assistance as the business of their offices may require. The commissioners may employ counsel when necessary.

[The seeming incompleteness of the second line in this text is due to the illegible condition of a portion of the record.]

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