F ISO .3 13 1889a BANCROFT LIBRARY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA CONSTnTTTON STATE OF IDAHO A \ ! > V I ! V ACT PROVIDING FOR THE ADMISSION OF THE STATE. PKKPaRED and l^^UBLISHKD HV A. J. PINKHAM, Sf:cretary of State. ( ii(icci«'iai\ oi v-^lal>' oi iiic r>luii' oi KKUIO, ao hereby certify the following; to be true and correct copies of tho Constitution of the State of Idaho, adopted in Convention, Auj^ust 0, 1881). and the Act of Conj^ress admitting- tho State of Idaho into the Union of States, approved July 3, 181M), as apj)ear of record in my office. l.\ i'KSTiMONY Whereof, I have hereunto set my hand and affixed the Great Seal of the State. Done at the City of Boise, the Capital of Idaho, this Nineteeth day of February, in the year of [seal.] our Lord One Thousand Eig:ht Hundred and Ninety-one, and of the Independence of the United States of America, the One Hundred and Fifteenth. A. .1. PINKHAM, Secretary of State. v ): CONSTITUTION Adopted by a Constitutional Convention held at Boise City, in the Territory of Idaho, August 6, 1889. PREAMBLE. Wc, ihc people of the State of Idaho. ^^'•I'lilefui to|Almighty Gocl for our freedom, to secure its blessings and promote our common welfare do establish this Constitution. ARTICLE I. DECLARATION OF RIGHTS. Section 1. All men are by nature free and equal and have certain inalienable rights, among which are enjoying and defending life and liberty, acquiring, ix)ssessing, and protect- ing proi)erty, pursuing hapj)iness, and securing safety. Sec. 2. All political power is inherent in the people. Gov- ernment is instituted for their equal protection and Ixjnefit, and they have the right to alter, reform, or aliolish the same when- ever they may deem it necessary, and no s]>ecial privileges or immunities shall ever bo granted that muv nol br alt«i*t*(l. revoked, or repealed by the legislature. Sec. 3. The Stale of Idaho is. an in.>*^, -«......, j..^, ^ ,„ ,,,, American Union, and the Constitution of the United States is the su))reme law of the land. Sec. 4. The e.xerciso and enjoyment of religious faith and woi*ship shall forever lie guai'anleed: and no ix?rson shall Ik? drnietl any civil or ])olitical right, privilege, or capacity on Ui'count of his religious opinions: but the liberty of con.science hereby secured shall not bo construed to disi)€nse with oaths or attirmations, or excuse, acts of licontiousness or justify polyga- mous or other pernicious practices,- inconsistent with morality or the peace or safety of the State; nor to permit any person, organization, or association to directly or indirectly aid or abet, counsel or advise, any person to commit the crime of bigamy or polygamy, or any other crime. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomina- tion or mode of worship. Bigamy and polygamy are forever prohibited in the State, and the legislature shall provide by law for the punishment of such crimes. Sec. 5. The privilege of the writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be pre- scribed by law. Sec. 6. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Sec. 7. The right of trial by jury shall remain inviolate; but in civil actions three-fourths of the jury may* render a ver- dict, and the legislature may provide that in all cases of mis- demeanors five-sixths of the jury may render a verdict. A trial by jury may be waived in all criminal cases not amounting to felony by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed - by law. In civil actions and cases of misdemeanor the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court. Sec. 8. No person shall be held to answer for any felony or criminal offense of any grade, unless on presentment or indict- ment of a grand jury or on information of the public prosecutor, after a commitment by a magistrate, except in cases of imj^each- ment, in cases cognizable by probate courts or by justices of the peace, and in cases arising in the militia when in actual service in time of war or public danger: Provided, That a grand jury may be summoned ujion the order of the district court in the manner provided by law: And provided further, That after a charge has been ignored by a grand jury, no person shall be held to answer or for trial therefor upon information of the public prosecutoi'. SKt . '.». i:\.!\ iM'rson may freely sjKjak, write, and publUh on all subjocls. iK'in*,' responsible for the abuse of that in)erty. .Sp:c. 10. Tlu' i)Oc)ple shall have the rif,'ht to assom])le In a (H'act>!il)l«' iiKintuT lo consult for their common gw)d: to instruct their ivi»t«sfiitativcs, and to ]KMition the Lej^islature for tlie i« dress of grievances. Sec. 11. The jMJople have :.. : -„:iL to Ixjur uriu.s lor ilicir -I'curity and defense: but the Legislature shall regulate the ' xereise of this right by law. Sec. 12. The military shall Ix) sulx)rdinate to the civil l>ower; and no soldier in time of ixjace shall be quartered in any hons<> without the consent of its owner, nor in time of war ' in the manner prescrilx3d by law. - .13. In all criminal prosecutions, the party accused shall have the right to a sj)eedy and public trial; to have the process of the court to comi)el the attendance of witnesses in liis ])»'}i;ilf. and to apjxiar and defend in person and with counsel. No ijerson shall be twice put in jeopardy for the saun tnit n>.-; nor be compelled in any criminal case to be a witness against himself, nor be deprived of life. lil)erty or proi)erty without due l^rocess of law. Sec. 14. The necessary use of lands for the construction of rcservoij*8 or storage basins, for the puri)oses of irrigation, or for rights of way for the construction of canals, ditches, Humes, or pipes, to convey water to the place of use, for any useful, lx»neticial, or necessary purpose, or for drainage; or for the tli'ainage of mines, or the w^orking thereof, by means of roads, raih'oads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or other necessary means to their complete develop- ment, or any other use necessary to the complete develoj)ment of the material resources of the State, or the ])reservation of the health of its inhabitants, is hereby declared to be a i)ublic use, and subject to the regulation and control of the State. Private proi)erty may be taken for public use, but not until a just comi)ensation, to be ascertained in a manner proscribed by law, shall be j)aid therefor. Sec. 15. There shall be no Imprisonment fop debt In this • xcept in ciiscs of fraud. U\. No bill of attainder, ex post facto law, or law ing the obligation of contracts, shall over \)e jjassed. 17. The right of the jxiople to be secure in their ]M [ -nii^. hoiix-.. ])ai)ei*sand t-tTrcts against unreasona)>losearchi's iiii<'\/.\\v- >liall luit Ik- violalu»' without probable cause, shown by affidavit, particularly describing the place to be searched and the person or thing' to be seized. Sec. 18 Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay, or prejudice. Sec. .19. No power, civil or military, shall at any time inter- fere with or prevent the free and lawful exercise of the right of suffrage. Sec. 20. No property qualification shall ever be required for any person to vote or hold office except in school elections or elections creating indebtedness. Sec. 21. This enumeration of rights shall not be construed to impair or deny other rights retained by the people. AETIOLE II. DISTRIBUTION OF POWERS. Section 1 . The powers of the government of this State are divided into three distinct departments, the Legislative, Execu- tive and Judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others, except as in this Constitution expreesly directed or permitted. AETIOLE III. legislative department. Section 1 . The legislative power of the State shall be vested in a senate and house of representatives. The enacting clause of every bill shall be as follows: "Be it enacted by the Legis- lature of the State of Idaho." Sec. 2. The senate shall consist of eighteen members and the house of representatives of thirty-six members. The Legis- lature may increase the number of senatore and representatives: Provided, The number of senators shall never exceed twenty- four, and the house of representatives shall never exceed sixty members. The senators and representatives shall be chosen by 9 the electors of the respective counties or districts into which the State may from time to time be divided by law. Sec. 3 The senators and rei>resentatives shall be elected for the term of two years, from and after the first day of December ne.xt following' the «-eneral election. Sec. 4. The menilxjrs of the first legislature shall Ix? ai)iMjr- litmedtothe several legislative districts of the State in i)ro- ]H)rtion to the number of votes jxjUed at the last gfeneral election for Delejjate to Cong-ress, and thereafter to Ix? apix)r- tioned as may be provided by law: Provided, Each county shall be entitled to one representative. Sec. 5. A senatorial or representative district, when more, than one county shall constitute the same, shall l)e comjK)sed of (•ontijruous counties and no county shall be divided in creating ;<'h districts. Sec. fit No person shall 1x5 a senator or representative who at the time of his election is not a citizen of the United States and an elector of this State, nor any one who has not been for for one year next preceding his election an elector of the county or district whence he may be chosen. Sec. 7. Senators and representatives, in all cases except for treason, felony, or breach of the j)eace, shall be privileged from arrest during the session of the Legislature, and in going to and returning from the same, and shall not bo liable to any civil process d\u-ing the session of the Legislature, nor during the ten days next Ixjfore the commencement thereof: nor shall a member for words uttered in debate in either houso K. <.n.w. tioned in any other place. Sec. 8. The sessions of the Legislature shall. afl«M- nu- msi session thereof, be held biennially, at the Capital of the State, commencing on the first Monday after the first day of Januai'y. and every second year thereafter, unless k different day shall have >)een apjKjinted by law. and at other times when convened by the (iovernor. Sec. 9. Each house when assembled shall choose its own officers, judge of the election, qualifications, and returns of its own members, determine its own rules of proceeding, and sit u|)on its own adjournments: but neither house shall, without the concurrontre of the other, adjourn for more than throe day.s, '<► any other place than that in which it may lx» sitting. . 10. A majority of etu'h house shall constitue a (juorum '. a.. )>n-iness, but a smaller numlx»r may adjourn from day to .;;»> . aii.l may comi>el the attendance of absent members in such ]0 manner and under such penalties as such house may provide. A quorum being in attendance, if either house fail to effect an organization within the first four days thereafter, the members of the house so failing shall be entitled to no compensation from the end of the said four days until an organization shall have have been effected. Sec. 11. Each house may, for good cause shown, with the €oncurrence of two-thirds of all the members, expel a member. Sec. 12. The busines of each house, and of the committee of the whole, shall be transacted openly and not in secret session. Sec. 13. Each house shall keep a journal of its proceedings: and the yeas and nays of the members of either house on any question, shall, at the request of any three members present, be entered on the journal. Sec. 14. Bills may originate in either house, but- may be amended or rejected in the other, except that bills for raising revenue shall originate in the house of representatives. Sec. 15. No law shall be passed except by bill, nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the members; nor shall any bill become a law unless the same shall have been read on three several days in each house previous to the final vote thereon: Provided, In case of urgency, two- thirds of the house where such bill may be pending may, upon a vote of the yeas and nays, dispense with this provision. On the final passage of all bills they shall be read at length, sec- tion by section, and the vote shall be by yeas and nays upon each bill separately, and shall be entered upon the journal: and no bill shall become a law without the concurrence of a majority . of the members jDresent. Sec. 16. Every a"fct shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title: but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall n6t be embraced in the title. Sec. 17. Every act or joint resolution shall be plainly worded, avoiding as far as practicable the use of technical terms. Sec. 18. No act shall be revised or amended by mere refer- ence to its title, but the section as amended shall be set forth and published at full length. 11 Sk( . I.I. The legislature shall not pass local or 8i>eclal in any of t lie followingf enumerated cases, that is to .suv: lU-*;jrululin^^ the jurisdiptiun and duties of justices ( peace and constables. For the punishment of crimes andraisdemoanors. lie;jrulatin;^ the practice of 4he courts of justice. Providinjj for a chanL-r i>r Vf mu- in civil or criminal actions. Granting: divorce.-. Ohang-ing the nann n .-, j,, ,.-,>,...- wi ,..«v ..-. Authorizin«? the laying? out, 0|)enin^, altering?, maintaining?, workinj^- on, or vacating- roads, highways, streets, alleys, town ]ilat.s. })arks, cemeteries, or any public grounds not owned by the State. Summoning and impanneling grand and trial juries, and i)ro- viding for their comjHjnsation. Regulating county and townshii) business, or the election of i-ounty and township officers. For the assessment and collccUon ^i iuac.-.. Providing for and conducting elections, or designating the place of voting. Affecting estates of deceased j^ersons, minors, or other persons under legal disabilities. Extending the time for collection of taxes. Giving etTect to invalid deeds, leases or other instruments. Refunding money paid into the State treasury. Releasing or extinguishing, in whole or in part, the indebted- ness, liability or obligation of any person or corporation in this State, or any municipal corporation therein. Declaring any person of age, or authorizing any minor to sell, lease, or encumber his or her property. Legalizing as against the State the unauthorized or invalid act of any otlicer. Exem])ting ])roi)erty from taxation. Changing county seats : unless the law authorizing the change shall require that two-thirds of the legal vot^s cast at a general or special election shall designate the place to which the county seat shall Ix? changed : Provided, That the power to pass a special law shall cease as long as the Legislature shall i)rovide for s»ich change by general law : Provided further. That no il law shall be passed for any one county oftener than once years. Restoring to citizenshij) persons coQvicted of infamous crimes. Rrr'uljiliiit/ tlu' iiilci'i'st (til nioiu'v. 12 Authorizing the creation, extension or impairing of liens. Chartering or licensing ferries, bridges or roads. Remitting fines, penalties or forfeitures. Providing for the management of common schools. Creating offices or prescribing the powers and duties of offi- cers in counties, cities, township^, election districts, or school districts, excejDt as in this Constitution otherwise provided. Changing the law of descent or succession. Authorizing the adoption or legitimization of children. For limitation of civil or criminal actions. Creating any corporation. Creating, increasing or decreasing fees, percentages, or al- lowances of public officers during the term for which said officers are elected or appointed. Sec. 20. The Legislature shall not authorize any lottery or gift enterprise under any pretense or for any purpose whatever. Sec. 21. All bills or joint resolutions passed shall be signed by the presiding officers of the respective houses. Sec. 22. No act shall take effect until sixty days from the end of the session at which the same shall have been passed, except in case of emergency, which emergency shall be declared in the preamble or in the body of the law. Sec. 23. Each member of the Legislature shall receive for his services a sum not exceeding five dollars per day from the commencement of the session, but such pay shall not exceed for aech member, except the presiding officers, in the aggregate three hundred dollars for per diem allowances for any one session; and shall receive each the* sum of ten cents per mile each way by the usual traveled route. When convened in extra session by the Governor, they shall each receive five dollars per day: but no extra session shall con- tinue for a longer period than twenty days, except in case of the first session of the Legislature. They shall receive such mileage as is allowed for regular sessions. The presiding officers of the Legislature shall each in virtue of his office receive an addi- tional compensation equal to one-half his per diem allowance as a member: Provided, That whenever any member of the Legislature shall travel on a free pass in coming to or return- ing from the session of the Legislature, the number of miles actually traveled on such pass shall be deducted from the mileage of such member. Sec. 24. The first concern of all good government is the vir- tue and sobriety of the people, and the purity of the home. Vi The Legislature should further all wise and well directed efforts for the promotion of tenii^erance and morarity. Sec. 25. The meniljers of the Le{;,»-islature shall, l)efore they enter upon the duties of their resi)eetive offices, take or sul)- serilxi the following,' oath or aftlmution: " I do solemly swear (or affirm, as the case may be) that I will support the Constitu- tion of the United States and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of senator (or representative, as the case may be) according to the l^est of my ability."- And such oath may be administered by the Gov- ernor. Secretary of State, or judge of the supreme court, or presiding officer of either house. AETIOLE IV. EXECUTIVE DEPARTMENT. Section 1. The executive department shall consist of a Gov- ernor, Lieutenant-Governor. Secretary of State, State Auditor. State Treasurer, Attorney-General, and Superintendent of Pub- lic Instruction, eiach of whom shall hold his office for two years beginning on the first Monday in January next after his elec- tion, except a6 otherwise provided in this Constitution. The officers of the executive department, excepting the Lieutenant- Governor, shall, during their tei*ms of office, reside at the seat of government, where they shall keep the i)ublic records, books, and papevs. They shall preform such duties as are prescribed by this Constitution and as may be prescribed by law. Sec. 2. The officers named in section one of this article shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature, and the persons, resi)ectively, having the highest numl^er of votes for the office voted for shall be elected; but if two or more shall have an equal and the highest numlxir of votes for any one of said offices, the two houses of the Legislature at its next regular session, shall forthwith, by joint ballot, elect one of such \^v- sons for said office. The returns of election for the officers named in section one shall l^e made in such manner as may be pi*escribed by law, and all contested elections of the same, other than provided for in this section, shall be determined as may be prescribed by law. Sec. 3. No j)erson shall )x> eligible to the office of Governor or LieutenantrGovernor unless he shall have attained the age 14 of thirty years at the time of his election: nor to the office of Secretary of State, State Auditor, Superintendent of Public Instruction, or State Treasurer unless he shall have attained the age of twenty-five years; nor to the office of Attorney-Gen- eral unless he shall have attained the age of thirty years, and have been admitted to practice in the supreme court of the State or Territory of Idaho, and be in good standing at the time of his election. In addition to the qualifications above desci-ibed each of the officers named shall be a citizen of the United States and shall have resided within the State or Territory two years next proceeding his election. Sec. 4. The Governor shall be commander-in-chief of the military forces of the State, except when they shall be called into actual service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrec- tion, or to repel invasion. Sec. 5. The supreme executive power of the State is vested in the Governor, who shall see that the laws are faithfully executed. Sec. 6. The Governor shall nominate and. by and with the consent of the senate, appoint all 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, dui'ing the recess of the senate, a vacancy occurs 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 a Justice of the supreme or district court, Secretary of State, State Auditor, State Treasurer, Attorney- General, or Superintendent of Public Instruction shall 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 in such manner as may be provided by law. Sec. 7. The Governor, Secretary of State, and Attorney- General shall constitute a board to be known as the board of pardons. Said board, or a majority thereof, shall have power to remit fines and forfeitures, and to grant commutations and pardons after conviction and judgment, either absolutely or upon such conditions as they may impose, in all cases of effenses against the State except treason or conviction on impeachment. The Legislature shall by law prescribe the ses-- sions of said board aiid the manner in which api)lication shall be made and regulate the proceeding's thereon; but no fine or foi'feiture shall Ixj remitted, and no commutation or pardon yrranted, except by the decision of a majority of said boaixl/ after a full hearinjf in open session, and until previous notic«3 of the time and place of such hearinfr and the release applied for shall have lx?en j^'-iveu by V'ii^>I><^'^«'tion in some newspapta* of ji^enei'al circulation at least once a week for four weeks. The l)r(H'cedin^s and decision of the board shall be reduced to writing: tind with their reasons for their action in each case, and the dissent of aiiy memlx?r who may disagree, sijjned by him, and filed, with all i)aper- ' — "i "> <■" ^i-' v«.M'i»"r '« the oflice of the Seci*etary of Stu: The Crovernor shall have power lo ijiani )<'spii<"s oc lopruvt s in all cases of convictions for offenses ag-aiiist the State, excej^ treason oi* conviction on impeachment, but such respites or re- prieves shall not extend Ix^yond the next session of the boai'd of l)ardons : and such board shall at such sesssion continue or determine such respite or reprieve, or they may commute or pardon the offense, as heroin provided. In cases of conviction for treason the jjovernor shall have the power to suspend the execution of the sentence until the case shall ho reported to the Leofislaturc at its next re^jular session, when the Legrislature shall eithei* pardon or commute the sentence, direct its exe- cution, oi' {j^riint a further reprieve. He shall commimicate to ' the Legislature, at each regular session, each case of remission of fine or forfeiture, reprieve, commutation, or pardon granted since the last \ rcvious report, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of remission, commutation, pardon, or rei)rievc, with the reasons for granting the same, and the objections, if any, of any member of the board made thei-eto. Skc. 8. The Governoi* may require information in wiiting from the otticei*8 of the executive department upon any sub- ject relating to the duties of their respet;tive offices, which information shall l)e given ujwn oath whenever so required; he may also require information in writing, at any time, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management and exix;n«c« of their resixjctive offices and institutions, and may at any time he deems it necessary. ap))oint a committee to investigate and i-eport to him upon the condititon of any executive ofli

eachment. or conviction of treason, felony, or other infamous crime of the Governor, or his death, removal from office, resignation, absence from the State, or inability to discharjj^e the powers and duties of his office, the i)Ower8, duties and emoluments of the office for the residue of the term, or until the disability shall cea.se. shall devolve upon the Lieutenant-Governor. Sec. 1H. The Lieutenant-Governor shall be President of the Senate, but shall vote only when the Senate is equally divided. In case of the absence or disqualification of the Lieutenant- Governor from any cause which applies to the Governor, or when he shall hold the office of Governor, then the president pro temjwre of the Senate shall perform the duties of the Lieu- tenant-Governor until the vacancy is filled or the disability removed. Sec. 14. In case of the failure to qualify in his office, death, resig-nation, absence from the State, impeachment, con- viction of treason, felony or other infamous crime, or dis- qualification from any cause, of both Governor and Lieutenant- Governor, the duties of the Governor shall devolve upon the president of the Senate pro tempore, until such disqualification of either the Governor or Lieutenant-Governor be removed, or the vacancy filled ; and if the president of the Senate, for any of the above named causes, shall become incapable of performing" the duties of Governor, the same shall devolve upon the si)eaker of the House. Sec. 15. There shall Ix* a seal of this State, which shall be kept by tlie Secretary of State and used by him officially, and shall be called "The great seal of the State of Idaho." The .seal of the Territory of Idaho, as now used, shall be the seal of the State until otherwise provided by law. Sec. Ifi. All grants and permissions shall be in the name and by the authority of the State of Idaho, sealed with the great seal of the State, signed by the Governor, and coimtersigned by the Secretai-y of State. Sec. 17. An account shall Ix' kept by the officers of the executive department and of all public institutions of the State of all moneys received by them severally, from all sources, and 18 for every service performed, and of all moneys disbursed by them severally, and a semi-annual report thereof shall be made to the Governor, imder oath : they shall also, at least twenty days preceding- each regular session, of the Leg-islature, make full and complete reports of their official transactions to the Governor, who shall transmit the same to the Legislature. Sec. 18. The Governor. Secretai'y of State, and Attorney- General shall constitute a board of State prison commissioners,, which board shall have such supervision of all matters con- nected with the State prison as may be prescribed by law. They shall also constitute a board of examiners, with power to examine all claims against the State, except salaries or com- pensation of officers fixed by law. and perform such other duties as may be prescribed by law. And no claim ag-ainst the State, except salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without first having- been considered and acted upon by said board. Sec. U). The Governor. Secretary of State. State Auditor. State Treasiu'er. Attorney-General, and Superintendent of Pub- lic Instruction shall, quarterly as due. during- their continuance in office. I'eceive for their services compensation, which for the term next ensuing- after the adoption of this Constitution, is fixed as folloM^s : Governor, three thousand dollars per annum : Secretary of State, one thousand eight hundred dollars per annum ; State Auditor, one thousand eight hundred dollars per annum : State Treasurer, one. thousand dollars per annum : Attorney-Genei'al. two thousand dollars per annum : and Super- intendent of Public Instruction, one thousand five hundred dollars per annum. The Lieutenant-Governor shall receive the same per diem as may be provided by law foi' the speaker of the House of Representatives, to be allowed only during- the session of the Legislature. The compensations enumerated shall be in full for all services by said officers respectively, rendered in any official capacity or employment whatever during their respect- ive terms of office. No officer named in this section shall i'eceive for the perform- ance of any official duty any fee for 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, by law, diminish or increase the compensation of any or all of the officers named in this section, but no such diminution or increase shall aft'ect the salaries of the officers li> then in office dui-iiij,^ their Wvm- Providku, however, The I^frislatmv may provide for the payment of aetiuil and neces- sai'y ex})enseH to tlie (Jovernor. LieuU*nant-(iovernor, Secretary of State. Attorney-Cieneral. and Su])erintendent of Publiit In- stnu'tion, wliiU* liavrlin«j witliiii tlu' Sltilt- in the peifornumco of official dut\ . ARTICLE V. J L' DIt.'I A L DKF A RTM KN T. Ski:tion I. The dintinctions between aiitions at law and suits in equity, and the forms of all such actions and suits, are hereby prohibited : and there shall be in this Stiite but one form of action for the enforcement or protection of private rig-htvs or the redress of j)rivate wrono:s, which shall be denominated a civil action ; and every action prosecuted by the ])eople of the State as a i)arty ayfainst a i)erson charjJftMl with a public offense for the ])unishnicnt of the same, shall be tt^rmed a criminal action. Feij^med issues arc prohibited, and the fact at issue shall be tried by order of court before a jury. Sec. 2. The judicial ])ower of the Sta,te shall 1x3 vested in a court for the trial of imj^eachments, a supreme court, district courts. ])robate courts, courts of justices of the i)eace, and such othei* courts inferior to the su})reme court as may be established by law for any incorporated city or town. Sec. .'{. The court for the trial of im])eachments shall be the senate. A majority of the memlx)rs elet^t<3d shall be neccessary to a quorum, and the jud^^ment shall not extend Ix'yond removal from, and di.squalilication to hold office in this State : but the party shall Ix' liaV)le to indictment and ])»uHs1m>(iit ju'coiiliiitir to law. Sec. 4. The house of representatives .-,«>m ■> .-nit.. lutM- the jK)wer of imjHjachment. No peison shall be convicted without the concurrence of two-thirds of the senators elected. When the Governor is imi>eached the Chief Justice shall preside. Sec. T). Treason a<,aiinst the SUite shall (ronsist only in levy- ing: wai' ajrainst it. or atlhei'injr to it,s enemies, jrivinjr them aid and comfort. No jHjrson shall Ixi convi(;tc(d of treason unless on the testimony of two witnesses to the same overt act, or on con- fession in open court. No conviction of treason or attainder .).,.! I .. M,k corruption of blood or forfeiture of estate. 20 Sec. 6. The supreme court shall consist of three Justices, a majority of whom shall be necessary to make a quorum or pi'o- nounce a decision. The Justices of the supreme court shall be elected by the electors of the State at large. The terms of office of the justices of the supreme court, except as in this article otherwise provided, shall be six years. The Justices of the su- preme court shall, immediately after the first election under this Constitution, be selected by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years. The lots shall be drawn by the Justices of the supreme court, who shall, for that purpose, assemble at the seat of g-overnment, and they shall cause the result thereof to be certiffed to by the Secretary of State and filed in his office. The Justice 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 Justice having in like manner the next shortest term to serve shall preside in his stead. Sec. 7. No Justice of the supreme court shall be eligible to any other office of trust or profit under the laws of this State during the term for which he was elected. Sec. 8. At least four terms of the supreme court shall be held :annually : two terms at the seat of State government, and two terms at the city of Lewiston, in Nez Perce County. In case "Of epidemic, pestilence, or destruction of court houses, the Justices may hold the terms of the supreme court provided by this section at other convenient places, to be fixed by a majority of said Justices. After six years the Legislature may alter the provisions of this section. Sec. 9. The supreme court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof. The supreme court shall also have original jurisdic- tion to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction. Sec. 10. The supreme court shall have original jurisdiction to hear claims against the State, but its decision shall be merely recommendatory ; no process in the nature of execution shall issue thereon ; they shall be reported to the next session of the IjCgislature for its action. Sec. 11. The State shall be divided into five judicial dis- tricts, for each of which a judge shall be chosen by the qualified 21 electors thereof, whose term of office shall Ix? four yours. And there shall be held a district court in each county, at lea.st twice in each year, to continue for such time in each county as may be prescribed by law : but the I^«,'islature may reduce or increase the numlxM* of district**, district jud^'cs, and district attorneys. This section shall not }x» ctmstrued to prevent the holdinj^ of special terms imder such rejfulations as may be j>r()vided by law. Sec. 12. Kvery judjje of the disti'ii't court shall reside in the distriet for which he is elected. A judj^e of any district court may hold a district court in any county at the request of the judge of the district court thereof, and upon the request of the Gk)ver- nor it shall be his duty to do so ; but a cause in the district court may be tried by a judge pro temi)ore, who must be a member of the bar, agi'ced u])on in writing by the parties litigant, or their attorneys of record, and sworn to try the cause. Sec. 1.'{. The Legislature shall have no power to deprive the judicial dei)artment of any jiower or jurisdiction which rightfully jwrtains to it as a co-ordinate dei)artment of the government ; but the Legislature shall provide a proper system of appeals, and regulate by law. when necessary, the methods of pr(x;eed- ing in the exercise of their powers of all the courts below the supreme court, so far as the same may be done wdftiout conflict with this Constitution. Sec. 14. The Legislature may provide for the establishment of sj)ecial courts for the trial of misdemeanors in incorporated cities and towns where the same may Ix^ necessary. Sec. 1."). The clerk of the supreme court shall 1x3 appointed by the court, and shall hold his office during the pleasure of the coiu't. He shall receive such compensation for his services as may be provided by law. Sec. 16. A clerk of the district court for each county shall 1x5 elected by the qualified voters thereof at the time and in the manner prescribed by law for the election of members of the I»egislature, and shall hold his office for the term of four years. • Sec. 17. The salary of the .Justices of the supreme court, luitil othei-wisc i)rovided by the Legislature, shall Ix? three thousand dollars each i)er annum, and the salary of the judges of the district court, until otherwise provided by the Legisla- ture, shall be three thousand dollars each per annum, and no .lustice of the sui)reme court, or judge of the district court, shall be paid his salary, or any jmrt thereof, unless he shall have first taken and su)>scribed an oath that there is not in his hands any matter in controversy not decided by him which hatl been finally submitted for his consideration and determination, thirty days prior to the taking and subscribing- such oath. Sec. 18. A district attorney shall be elected for each judicial district by the qualified electors thereof, who shall hold office for the term of four years, and x^erform such duties as may be prescribed by law. He shall be a practicing attorney at law and a resident and elector of the district. He shall rtjceive as compensation for his services twenty-five hundred dollars per annum. Sec. 19. All vacancies occuring in the offices provided for by this article of the Constitution shall be filled as provided by law. Sec. 20. The district court shall have original jurisdiction in all cases, both at law and in equity, and such appellate juris- diction as may be conferred by law. Sec. 21. The probate courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settle- ment of estates of deceased pei'sons. and appointment of guard- ians ; also jurisdiction to hear and determine all civil cases wherein the debt or damage claimed does not exceed the sum of five hundred dollars, exclusive of interest, and concurrent jurisdiction with justices of the peace in criminal cases. Sec. 22. in each county of this State there shall be elected justices of the ol the peace as prescribed by law. Justices of the peace shall have such jurisdiction as may be conferred by law, but they shall not have jurisdiction of any cause wherein the value of the propei'ty or the amount in controversy exceeds the sum of three hundred dollars, exclusive of interest, nor where the boundaries oi' title to any i-eal property shall be called in question. Sec. 23. No person shall be eligible to the office of district judge unless he be learned in the law, thirty years of age, and a citizen of the United States, and shall have resided in the State or Territory at least two years next i:)receeding his elec- tion, nor unless he shall have been at the time of his electiop. an elector in the judicial district foi* which he is elected. Sec. 24. Until otherwise provided by law. the judicial dis- tricts shall be five in number, and constituted of the jollowing counties, viz : First district. Shoshone and Kootenai ; second district. Latah, Nez Perce, and Idaho : third district, Wash- ington, Ada, Boise, and Owyhee : fourth district, Cassia, Elmore, Logan, and Alturas ; fifth district. Beat* Lake. Bingham. Oneida, Lemhi, and Custer. Sec. 25. The judges of the district courts shall, on or before '2:\ the first (lay of .hily in eiich yeav. i-eixu't in writ in;,' to llif Justioos of the sui)rtMne court, such defi.'ots or omissions in the laws an their knowledjje and exjwrience may siijfirest. and the .Justices of the supreme erint<.mdent of l^ublic Instruction, commissioner of immij^ration and lalwr, .Justices of the Supreme C'ourt, and judges of the district courts and district attorney's: but no diminution or increase shall affect the compensation of the officer then in office during his term: Provided, however. That the Legislature may provide for the j)ayment of actual and necessary expenses of the Govornor, Secretary of State. Attorney-General, and Superintendent of Public Instruction incurred while in performance of official dutv. AKTIOLE VL SUFFRAGE AND ELECTIONS, Sectk^n 1. All elections by t§e people must oe by ballot. An absolutt'ly secret l)allot is hereby guaranteed, and it shall l)e the duty of the Legislatiu*e to enact such laws as shall carry this section into effect. Sec. 2. ICxcept as in this article otherwise i)rovided, every male citizen of the United States, twenty-one years old, who has actually resided in this State or Territory for six months, and in the county where he offers to vote, thirty days next preceding the day of election, if registered as provided by law, isaqali- fied elector: and until othewise provided by the Legislature, women who have the qualifications ])rescrilH'd in this article. 24 may continue to hold such school offices and vote at such school elections as provided by the laws of Idaho Territory. Sec. 3. No person is permitted to vote, serve as a juror, or hold any civil office who is under guardianship, idiotic or insane, or who has, at any place.been convicted of treason, felony, embezzlement of the public funds, bartering- or selling, or offer- ing to barter or sell his vote, or purchasing or offering to pur- chase the vote of another, or other infamous crime, and who has not been restored to the rights of citizenship, or who, at the time of such election, is confined in prison on conviction of a criminal offense, or who is a bigamist or polygamist, or is liv- ing in what is known as patriarchal, plural or celestial mar- riage, or in violation of any law of this State, or of the United States, forbidding any such crime; or who, in any manner, teaches, advises, counsels, aids, or encourages any person to enters into bigamy, polygamy, or such patriarchal, plural, or celestial marriage, or to live in violation of any such law. or to commit any such crime: or who is a member of or contributes to the support, aid, or encouragement of any order, organi- zation, association, corporation or society, which teaches, advises, counsels, encourages, or aids any person to enter into bigamy, polygamy or such patriarchal, or plural marriag-e, or which teaches or advises that the laws of this State prescribing* rules of civil conduct, are not the supreme law of the State; nor shall Chinese, or persons of Mongolian descent, not born in the United States, nor Indians not taxed, who have not severed their tribal relations and adopted the habits of civilization, either vote, serve as jurors, or hold any civil office. Sec. 4 The Legislature may prescribe qualifications, limita- tions, and conditions for the right of suft"i-age additional to those prescribed in this article, but shall never annul any of the provisions in this article contained. Sec. 5. Fhr the purpose of ftt^oting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of this State, or of the United ^ States, nor while engaged in the navigation of the waters of this State or of the United States, nor while a student of any institution of learning, nor while kept at any alms-house or other asylum at the public expense. ARTICLE VII. FINANCE AND REVENUE. Section 1. Thr fiscal year shall commence on the Hccond Monday of January in each year, unless otherwise provided by law. Sec. 2. The Iye»i^islature shall i)rovide such revenue as may be needful, by levying a tax })y valuation, so that every i)erHon or corporation shall pay a tax in proportion to the value of his, her, or its projxjrty, excei)t as in this article herinafter otherwise provided. The Le}iri«liiture may also impose a license tax (both u])on natural persons and upon corporations, other than munici- pal, doin^T business in this State): also a per capita tax: PRO- VIDED, The legislature may exempt a limited amount of improvements uj)on land from taxation. Sec. 3. The word " property '" as herein used shall l^e defined and classified by law. ^ Sec. 4. The property of the United States, the State, counties, towns, cities, and other municipal cori)orations and public libraries, shall be exempt from taxation. Sec. 5. All taxes shall be uniform ujjon the same cla^s of subjects within the territorial limits, of the authority levying the tax, and shall be levied und collected under jreneral laws, which shall pi-es(!ril)e such regulations as shall secure a just valuation for taxation of all property, real and personal: PRO- VIDED, That the Legislature may allow such exemptions from taxation from time to time as shall seem necessary and just, and all existing exemptions provided by the laws of the Terri- tory, shall continue until changed by the Legislature of the State: Provided, further. That du])licate taxation of l)roperty for the ^ame })ur])ose during the same year, is hereby prohibited. Sec. 6. The Legislature shall not impose taxes for the pin- pose of any county, city, town, or other municipal corjwration, but may by law invest in the cori)orate authorities thereof, resiHjctively, the ])ower to assess and collect taxes for all pur- I)08es of such coi-])oration. Sec. T. All taxes levied for Stat<; j)uri)oses shall be paid inUi the State Treasui*y. and no county, city, town, or other munici- pal cor})oi-ation, the inhubitants thereof, nor the proj)erty therein, shall Ije released or discharged fnmi their or itifpro' porlionate share of taxes to l)e. levied for State i)ur]>oses. Sec. 8. The power to tax corporations or corporate property, ^th real and personal, shall never be relinquished or suspended, and all corporations in this State or doing business therein, shall be subject to taxation for State, county, school, municipal, and other purposes, on real and personal property owned or used by them, and not by this Constitution exempted from taxa- tion within the territorial limits of the authority levying the tax. Sec. 1). The rate of taxation of real^and pei'sonal property for State purposes shall never exceed ten (JO) mills on each dollar ©f assessed valuation: and if the taxable property in the State shall amount to 'fifty million (50.000.000) dollars the rate shall not exceed five (5) mills on each dollar of valuation: and when- ever the taxable property in the State shall amount to one hun- dred million (100.000.000) dollars, the rate shall not exceed three (3) mills on each dollar of valuation: and whenever the i-yaxable property in the State shall amount \o three hundred million (300.000.000) dollars the i^te shall never thei'eaftei* exceed one and one-half (H) mills on each dollar of valua- tion, unless a proposition to increase such rate, specifying the rate proposed and the time during which the same shall be levied, shall have been submitted to the people at a general election, and shall have received a majority of all the votes cast lor and against it at such election. Sec. 10. The making of profit, directly or indirectly, out of State, county, city. town, township, or school district money, or iisiiig the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. Sec. 1 1 . No appropriation shall be made, nor any expendi- ture aiithorized by the Legislature, whereby the expenditure of the State during any fiscal year shall exceed the total tax then provided for by law, and applicable to such appropriation or expenditure unless the Legislature making such appropriation shall provide for levying a sufficient tax. not exceeding the rates allowed in section nine (9) of this article, to pay such appro- priation or expenditure within such fiscal year. This pro- vision shall not apply to appropriations or expenditures to 5*uppress insurrection, defend the State, or assist in defending the United States in time of war. Sec. 12. There shall be a State board of equalization, con- sistihg of the Governor, Secretary of State. Attorney-General, State Auditor, and State Treasurer, whose duties shall be pre- ijcrited by luw. Tin.' }x)ard of (Mjunty conimLssioners for the several count it's of t lie Stute, shall eonstitute }x)ai(l.s of equali- zation for tlieir respective counties, whose duty it shall Ik? to equalize the valuation of the taxable j)roi)t^i'ty in the county, under such rules and regfulations as shall be j)rescrilxHi l)y law. isEC. 13. No money shall Ixj drawn from the treanury. but in j)ui'suajjce of api)ro])riations mtule by law. Sec. 14. No money shall be drawn from the county treau- uries excei)t ui)on the warrant of a duly authorized otticer, in such manner and form as shall )x' i)rescribed ))y the I^^^-isla- ture. Sec. 1"). The Legislature shall i)r()vide by law. such a sys- tem of county finance, as shall cause the business of the several counties to be conducted on a cash Ijasis, It shall also provide that whenever any county shall have any wan-ants outstandinjf And unpaid, for the payment of which there are no funds in the county treasury, the comity commissioners, in addition to other taxes provided by law. shall levy a special tax. not to exceed ten (10) mills on the dollar, of taxable property, as shown by the la.st preceding assessment, for the creation of a si)ecial fund for the redemption of said warrants: and after the levy of such special tax, all warrants issued Ijefore such levy, shall be i)aid exclu- sively out of said fund. All moneys in the county treasury at the end of each fiscal year.not needed for current expenses. shall be transferi'ed to said redemption fund. Sec. H). The Lejjislature shall pass all laws necessary to wcarry out the provisions of this article. AETIOLE Vni. PUBLIC INDEBTEDNESS AND SUBSIDIES Seci'ION 1. The Leg-islature shall not in any manner create any debt or debts, liability or liabilities, which shall sino^ly or in the ayr^'^rejrate. exclusive of the debt of the Territory at the date of its admission as a State, exceed the sum of one and one- half per centum uiK)n the iis.sessed value of the taxable i)roi>t»rty in the State, except in case of war. to rei)el an invasion or suppress insurrection, unless the same shall he authorized by law for some sing-le object or work to be distinctly sjiecified therein, which law shall i)rovide ways and means, exclusive of loans, for the payment of the interest of such debt or liability, as it falls due: and also for the payment and dischargre of the ]>rinci]>al of 2S such debt or liability, within twenty years of the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and dis- charged : but no such law shall take effect until at a general election it shall have been submitted to the people, and shall have received a majority of all the votes cast for and against it at such election : and all moneys raised by the author- ity of such law, shall be applied only to the specified object therein stated, or to the payment of the debt thereby created, and such law shall be published in at least one newspaper in each county, or city and county, if one be published therein, throughout the State, for three months next preceding the election at which it is submitted to the people. The Legislature may, at any time after the approval of such law, by the peoi3le, if no debt shall have been contracted in pursuance thereof, repeal the same. Sec. 2. The credit of the State shall not, in any manner, be given, or loaned to, or in aid of any individual, association, municipality or corporation: nor shall the State directly or indirectly, become a stockholder in any association or corpor- ation. Sec. 3. No county, city, town, township, board of education, or school district, or other sub-division of the State, shall incur any indebtedness, or liability in any manner, or for any purpose, exceeding in that year, the income and revenue provided for it for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that pur- pose, nor unless, before or at the time of incurring such indebt- edness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of con- tracting the same. Any indebtedness or liability incurred con- trary to this provision shall be void : Provided, That this section shall not be construed to apply to the ordinary and necessary expenses authorized by the general laws of the State. Sec. 4. No county, city, town, townshij), board of education, or school district, or other sub-division, shall lend, or pledge the credit or faith thereof directly or indirectly, in any manner, to, or in aid of any individual, association or corporation, for any amount or for any purpose whatever, or become responsible for any debt, contract or liability of any individual, association or corporation in or out of this State. ARTICLE IX. KDUCATION AND SCHOOL LANDS. Spxmox 1. The stability of a republican form of govern- ment depending mainly iijwn the intelligence of the people, it shall be the duty of the Legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools, * Sec, 2. The general sui)er vision of the public schools of the Stat« shall be vested in a board of education, whose powers and duties shall be prescribed by law: the Suj)erintendent of Public Instruction, the Secretary of State and Attorney-General, shall constitute the board, of which the Supei-intendant of Public Instruction shall \ye i)resident. Sec. .3, The i)ublic school fund of the State shall forever remain inviolate and intact : the interest thereon only shall Ix? , expended in the maintenance of the schools of the State, and shall be distributed among the several counties and school dis- tricts of the State in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be trans- ferred to any other fund, or used or appropriated except as herein provided. The State Treasurer shall be the custodian of this fund, and the same shall lie securely and profitably invested as may Ix? by law dii-ected. The State shall su})ply all losses thereof that may in any manner occur. Sec. 4. The public school fund of the State shall consist of the proceeds of such lands as have heretofore been granted, or may hereafter be granted, to the State by the general govern- ment, known as school lands, and those granted in lieu of such: lands acquired' by gift or grant from any })erson or corjioration, under any law or grant of the general government: and of all other grant^s of land or money made to the State from the gen- eral government for general edu(;ational jmrposes, or where no other special })urpose is indicated in such grant : all estates or distributive shares of estates that may escheat to the State: all unclaimed shares and dividends of any corporation incoriK)rated under the laws of the State; and all other grants, gifts, devises, or bequests made to the State for general educational puri)oses. Sec. 5. Neither the Legislature, nor any county, city, town, township, school district, oi* other i)ublic corporation, shall ever make any ai)])ro]>riation, or j)ay from any i)ublic fund or moneys whatever, anything in aid of any church or sectarian, oi* religious society, or for any sectai'ian or religious purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian or religious denomination whatso- ever; nor shall any grant or donation of land, money or other personal property ever be made by the State, or any such public corpoi-ation, to any church or for any sectarian or I'eligious purpose. Sec. (). No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student: and no teacher or student of any such institution shall ever be required to attend or participate in any religious ser- vice whatever. No sectarian or religious tenets or doctrines shall ever be taught in the public schools, nor shall any dis- tinction or classification of pupils be made on account of race oi- color. No books, papers, tracts or documents of a political, sectarian or denominational character shall be used or introduced in any schools established under the provisions of this article, nor shall any teacher or any district receive any of the public school moneys in which the schools have not been taught in accordance with the provisions of this article. Sec. 7. The Governor, Superintendent of Public Instructiun, Secretary of State, and Attorney-General, shall constitute the State board of land commissioners, who shall have the direc- tion, control arid disposition of the public lands of the State, imder such i-egulations as may be prescribed by law. Sec. 8. It shall be the duty of the State board of land commissioners to provide for the location, protection, sale or I'ental of all the lands heretofore, or which may hereafter be, granted to the State by the general government, under such regulations as may be prescribed by law, and in such manner as will secure the maximum possible amount therefor : Provided, That no school lands shall be sold for less than ten (10) dollars per acre. No law shall ever be passed by the Legis- lature granting any privileges to persons who may have settled upon any such public lands, subsequent to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition of such lands, shall be diminished, directly or indirectly. The Legislature shall, at the earliest practicable period, provide by law that the general grants of land made by Congress to the State shall, be judi- ciously located and carefully preserved and held in trust, subject to disposal at public auction for the use and benefit of M the resi^HJC'tive object** foi- which said giants of land were inmhx and the I-A«y:ishiture shall i)rovide for the sale of said lands from time to time, and for the sale of timlKT on all Stat/*? lands, and for the faithful applii-ation of the ])r(K'eeds thereof in arrordancc with the terms of said j,^rants: 1*kovided, That not to t?xee©d twenty-live sections of school lands shall bt^ sold in any tme year, and to be sold in subdivisions of not ti) exeeed one hundred and sixty < HiO) acres to any one individual, company or c<)r}H>r- at ion. Skc. !>. The I^'i'-islature may require by law that every child of sutticient mental and i)hysical ability shall attend the public sch(H)l throujrhout the period )x?tween the a^es of six and eiyfhteen years, for a time e(iuivalcnt to three years, unless educated by other means. Sec. 10. The location of the university of Idaho, as estab- lished by existinji: laws is hereby confirmed. All the rights, inuuunities, franchises, and endowments heretofore granted thereto by the Territory of Idaho are hereby per])etuatcxl unto the said university. The Regents shall have the genei'al suiH«rvisi(m of the university, and the control and direction of all the funds of. and ai)propriations to. the university, under such regulations as may be prescrilxjd }\v Inw. No imiversity lands shall be sold for less than ten dollars per acre, and in subdivisions not to exceed one hundred any sixty acres, to any one ])erson. comjiany or corjwi'ation. Sec. II. The i)ermanent educational fluids, other than fund^ ai-ising from the disposition of university lands Ix'longing to the .State, shall be loaned on first mortgage on improved farm landie within the State, or on State or United States lK)ntfs. under such regulations as the Legislature may provide: Provided, That no loan shall Ixj made of any amount of mimey exceeding one- third of the market value of the lands nt tlic time of the loan, exclusive of buildings. ARTICLE X. PUHLIC I.V.STITUTIONS. Section I. P'ducational, reformatory, and jxinal institu- tions, and those for the benefit of the insane, blind, deaf and dumb, and such other institutions as the public good may require, shall be established and supiwrted by the State in such manner as may Ix' i)res<*rilx'd by law. Sec. 2 The seat of government of the State of Idaho shall be located at Boise City for twenty years from the admission of the State, after which time the Legislature may provide for its re-location, by submitting the question to a vote of the electors of the State at some general election. Sec. 3. The Legislature may submit the question of the location of the seat of government to the qualfied voters of the State at the general election, then next ensuing, and a majority of all the votes upon said question cast at said election shall l^e necessary to determine the location thereof. Said Legislature shall also provide that in case there shall be no choice of loca- tion at said election the question of choice between the two places for which the highest number of votes shall have been cast shall be submitted in like manner to the qualified electors of the State at the next general election. Sec. 4. All property and institutions of the Territory, shall, upon adoption of the Constitution, become the property and institutions of the State of Idaho. Sec. 5. The Governor, Secretary of State, and Attorney- General shall constitute a board, to be known as the State prison commissioners, and shall have the control, direction and management of the penitentiaries of the State. The Governor shall be chairman, and the board shall appoint a warden, who may be removed at pleasure. The warden shall have the power to appoint his subordinates, subject to the ai)proval of the said board. Sec. 6. There shall be appointed by the Governor three directors of^the asylum for the insane, who shall be confirmed by the senate. They shall have the control, direction, and management of the said asylums, under such regulations as the Legislature shall provide, and hold their offices for a period of two years. The directors shall have the appointment of the medical superintendent, who shall appoint the assistants with the approval of the directors. Sec. 7. The Legislature for sanitary reasons may cause the removal to more suitable localities of any of the institutions mentioned in section one of this article. AETIOLE XI. CORPORATIONS, PUBLIC AND PRIVATE. Section 1. All existing charters or grants of special or ex- «liusive privilctres, under whicli the coipoi-utoi > or iri«auteos shall not have orifanized oi* eomineneed business in j^ood faith at the time of the«tloi)tion of this Constitution, shall there- after have no validity. Sec. 2. No charter of ineorjMM'ation shall Ix." y:i-anted. extended, ehanjred or amended by sjKnrial law. excej)t for such numiei))al. charitable, educational, penal, oi* reformatory cor- IK)rations as are or may l)e. under the control of the State : but the Lojfislature shall provide by general law for. the oi-g-ani- /ation of eor}K)rations hereafter to be created : PROVIDED. That any such jifeneral law shall U» subject to future repeal or alteration by the Lej^i^^lnture. " • Sec. .'1. The I>^i>islature may provide by law for alt^rin^r. revokinjj'. or annulling any <'harter of incorporation exi.stin;^' and revocable at the time of the adoption of this Constitution, in such manner, however, that no injustice shall bti done to the corjM^rators. Sec. 4. The Lejrislature shall provide by law that in all elec- tions for directors or manaj^fers of incorporated companies, every stockholder shall have the rijj-ht to vote in i)ei-son or by })roxy. for the numl)er of shares of stock owned by him. for as many l^ersons as there are directors or manajfers to be ele(*ted. or to cumulate said shaies. and jfive one candidate as many votes as the nulnber of directors multiplied by the numlx3r of his shares of stock, shall equal, or to distribute, them on the same principle amonjj: as many candidates as he shall think tit, and such direct- ors shall not Ijhj elected in any other manner. Sec. 5. All railroads shall l)e public hiyfhways. and all rail- road. transj)ortation. and expiess companies shall Ik* (-(^mmon cari-iers. and subject to letfislative control, and the l^j^'-islatui**) shall have power to rej^ulate and ccmtrol by law. the raterf of <*hai"tces for the trans])orUition of pa-s-senj^-ers and frtuj>-ht by such companies or other comm(m carriers from on^^ })oint to another in the State. Any as.s(K"iation or (;orpoi-ation oryfanized for, the purjwse. shall have the rijfht to construct and o|)erate a railroad between any designated points within this State, and to connect within or at the State line with railroads of other States and Territories. Kvery railroad com])any shall have the rijjfht with its road, to interse(rt.<'onnect with, or ci-oss any other railroad, under such retfulations as may Ik* pres<;ril>ed by law, and uiH)n makiny due comi>ensation. Sec. H. All individuals, associations, and coriK)rati(m.s. sim- ilarly situated shall have c(|iuil i-ij/hts 1<» have p«'isoiis oi- i.ini.- 34 erty transported on and over any railroad, transportation, or express route in this State, except that preference may be given to perishable property. No undue or unreasonable dis- crimination shall he made in charges or facilities for transpor- tation of freight or passengers of the same class, by any railroad, or transportation, or express company, between persons or places within the State : but excursion or commutation tickets may be issued and sold at special rates, provided such rates are the same to all persons. No railroad, or transportation, or express com- pany shall be allowed to charge, collect or receive, under penalties which the Legislature shall prescribe, any greater charge or toll for the, transpoft-ation of freight or passengers, to- any place or station upon its route or line, than it charges for the transportation of the same class of freight or passengers, to any more distant place or station upon its route or line within this State. No railroad, express, or transportation company, nor any lessee, manager, or other employee thereof^ shall give any preference to any individual, association, or corporation, in furnishing cars or motive power or for the I'ansportation of money or other express matter. Sec. 7. No corporation other than municipal corporations in existence at the time of the adoption of this Constitution, shall have the benefit of any future legislation, without first filing in the office of the Secretary of State an acceptance of the' provis- ions of this Constitution in binding form. Sec. 8. The right of eminent domain shall nevjer be abridged, or so construed as to prevent the Legislature from taking the property and fi-anchise of incorporated companies, and subject- ing them to public use, the same as property of individuals ; and the police powers of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well-Veing of the State. Sec. 9. No corporation shall issue stocks oi- bonds, except for labor done, services performed, or mon«y or property actually received; and all fictitous increase of stock or indebtedness shall be void. The stock of corporations shall not be increased ex- cept in pursuance of general law, nor without the consent of the persons, holding a majority of the stock, first obtained at a meeting, held after at least thirty days' notice given in pursu- ance of law\ Sec. 10. No foreign corporation shall do any business in this State without having one or more known places of business, and, an authorized agent or agents in the same. ujx)n whom proce88 may be served, and no oomj)any or coi'porution formed under the laws of any other country, State, or Territory, shall have or be allowed to exercise or enjoy, within this State any greater rights oi* privileges than those ixwsessed or enjoyed by eor])orations of the same or similai* chara^'ter created under the laws of this State. Sec. 11. No street, or other railroad, shall be constructed within any city. town, or incor]>orated village without the con- sent of the local authorities having the control of the street or highway proj)08ed to be occupied by such street or other rail- road. ♦ Sec. 12. The Legislature shall pass no law for the benefit of a railroad, or other corporation, or any individual or associ- ation of individuals retroactive in its operation, or which imposes on the people of any county or municipal sub- division of the State, a new liability in respect to transactions or considerations already jiast. Sec. 13. Any association or corjmration. or the lessees or managers thereof, organized for the piu-pose. or any individual, shall have the right to construct and maintain lines of tA?legraph or telephone within this State, and connect the same with other lines : and the Legislature shall by general law of uniform o])eratioif provide reasonable regulations to give full effect to this section. Sec. 14. If any railroad, telegraph. ex))ress. oi- other cor- ])oration, organized under any of the laws of this State shall consolidate by sale or otherwise with any I'uilroatl. telegraph, express, or other corporation organized under any of the-' laws of any other State or Territory, or of the United States, the same shall not thereby become a foreign corj)()ration, but the courts of this State shall retain jurisdiction over that part c^f the corporate property within the limits of the State in all matters that may arise, as if said consolidation liad not taken place. Sec. 15. The Legislature shall not pass any law i)ermitting the leasing or alienation of any franchise so as to release or relieve the franchise or proi)erty held thereunder from any of the liabilities of the lessor or grantor, or lessee or grantee, c(mtracted or incurred in the oiwration, us^, or enjoyment of such franchise, or any of its privileges. Sec. 1H. The term "corjxjration'' as used in this article, shall )w. h..l»enate. The commissioner shall hold his office for two years, and until his successor shall have been ai)])ointed and qualified, unless sooner removed. The commissioner shall col- lect information upon the subject of labor, it« relation to capital, the hours of labor and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity. The commissioner shall annually make a report in writing to the Governor of the State of the infor- mation collected and collated by him, and containing such recommendations as he may deem calculated to jiromote the efficiency of the bureau. Sec. 2. Not more than eight (S) hours' a<.*tual work shall con- stitute a lawful day's work on all State and municipal works. Sec. 3. All labor of convicts confined in the State's prison shall be done within the prison grounds, except whei'e the work is done on i)ublic works undei- the direct control of the State. Sec. 4. The employment of childi'en under the age of four- teen (14) years in undi;rground mines is iM-ohibited, Sec. 5. No j)crson. not a citizen of the United States, or who has not declared his intention to Ixu-ome such, shall l)e em- ployed lUioii. ((I- ill (•((iiiicct ioii witli, :m\ St;il«' or lumi iciiinl works. SEC. ^1. i I M- I ^> -^ l.->UH HI < - .-» I l«ll 1 J II 1 » \ nil- I >_\ I II I ' j H •( II -^^ l>lil I 11 111 for giving to mechanics. lalx)rers. and material men an ade- quate lien on the subjo«t-matter of their lalK)r.» Sec. T. The Legislature may establish lx>ards of arbitration, whost^? duty it shall be to hear and determine all differences and 38 controversies between laborers and their employers which may be submitted to them in writing by all the parties. Such boards of arbitration shall possess all the powers and authority, in respect to administering- oaths, subpoenaing- witnesse?>, and compelling- their attendance, preserving- order during the sit- ting's of the board, punishing- for contempt, and requiring- the production of papers and writing-s, and all other powers and privileges, in their nature applicable, conferred by law on justices of the peace. Sec. 8. The commissioner of immigration, labor and statis- tics shall perform such duties and receive such compensation as may be prescribed by law. , AETIOLE XIV. MILITIA. Section 1. All able-bodied male persons, residents of this State, between the ages of eighteen and forty-five years, shall be enrolled in the militia, and perform such military duty as may be required by law ; but no person having conscientious scruples against bearing arms, shall be compelled to perform such duty in time of peace. Every person claiming such ex- emption from service, shall, in lieu thereof, pay into the school fund of the county of which he may be a resident, an equiva- lent in money, the amount and manner of payment to be fixed by law. Sec. 2. The Legislature shall provide by law for the enroll- ment, equipment and discipline of the militia, to conform as nearly as practicable to the regulations for the government of the armies of the United States, and pass such laws to promote volunteer organizations as may afford them effectual encourage- ment. Sec. 3. All militia officers shall be commissioned by the Governor, the manner of their selection to be provided by law. and may hold their commissions for such period of time as the Legislature may provide. Sec. 4. All military records, banners, and relics of the State, except when in lawful use, shall be j^reserved in the office of the adjutant-general as an enduring memorial of the patriotism and valor of the soldiers of Idaho; and it shall be the duty of the Legislature to provide by law for the safe-keeping of the same. Sec. 5. All military orj^ani/ations uiulor the lawa of thi> State shall carry no other device, bannci, or tlay: ihuii that of the United States or the State of Idaho. Sec. ft. No armed police force, or detective agency, or armed >)ody of men, shall ever be broujrht into this State for the sii])- j)ression of domestic violence, except ui>on the application «if the Lej^islature, or the executive when the Ivejrislature cannot bo convened. ARTICLE XV. WATER RIGHTS. Section l. The use of all waters now ui)pi()piiiiU'(i. or Uiai may hereafter l)e ai)propriated for sale, rental, ov distribution: also of all water originally appr()})i-iated for private use, but which after such a])propriation has heretofore been, or may hereafter be sold, rented, or distrilnited, is hereby declared to be a i)ublic use, and subject to the regulation and control of the State in the manner prescribed by law. Sec. 2. The right to collect rates or compensation for the use of water supplied to any county, city, or town, or water dis- trict, or the inhabitants thereof, is a franchise, and can not be exercised excei)t by authority of and in the mannei- presci*i1)ed by law. Sec. .'{. The right to divert and appropriate the unappro- priated waters of any natural stream to Ixineiicial uses, shall never be denied. Priority of appropriation shall give the better right as between those using the water; but when the waters of any natural stream are not suflHciijnt for the service of till those desiring the use of the same, those using the water for domestic j)ur]K)ses shall (subject to such limitations as may be presci'ibed by law) have the i)reference over those claiming for any other ])uri)ose : and those using the wati'r for agricultural purposes sliall have i)reference over those using the same for manufacturing j)ur])Oses. And in any organized mining dis- trict, those usfing the water, for mining 4)urposes, or milling pui*po8e8 connected wiHi mirting, shall have preference over those using the same for manufacturing or agricultural pur- iwses. But the usage by such sulwequent api)i*opriators shall l)e subject to such pi-ovisions of law regulating the taking of private projwrty for i)u))lic and private use. as referred to in section fourteen of article I. of this C'onstitution. 40 Sec. 4. Whenevei' any waters have been, or shall be, appro- priated or used for agricultural purposes, under a sale, rental^ or distribution thereof, such sale, rental, or distribution shall be deemed an exclusive d^edication to such use ; and whenever such waters so dedicated shall have once been sold, rented, or distributed to any person w^ho has settled upon or improved land for agricultural purposes with the view of receiving the benefit of such water under such dedication, such person, his heirs, executor's, administratoi's, successors, or assigns, shall not thei-eafter, without his consent, be depi'ived of the annual use "of the same, when needed for domestic purposes, or to irri- gate the land so settled tipon or improved, upon payment there- for, and compliance with such equitable terms and conditions as to the quantity used and times of use, as may be prescribed by law. Sec. 5. Whenever more than one person has settled upon, oi" improved land with the view of receiving water for agricul- tural purposes, under a sale, rental or disti'ibution thereof, as in the last preceding section of this article, provided, as among such persons priority in time shall give superiority of right to the use of such water in the numerical order of such settle- ments or improvements : but whenever the supply of such water shall not be sufficient to meet the demands of all those desiring to use the same, such priority of right shall be subject to such reasonable limitations as to the quantity of water ueed and times of use as the Legislature, having due regard, both to such priority of right and the necessities of those subsequent in time of settlement oi' improvement, may by law pi-escribe. Sec. 6. The Legislature shall provide by law the manner in which reasonable maximum i*ates may be established to be charged for the use of water sold, rented or distributed for any useful or beneficial purpose. ARTICLE XVI. LIVE-STQCK. Section 1. The*Legislature ishall pass all necessary laws tO' provide for the protection of livestock against the introduction or spread of pleuro-pneumonia, glanders, splenetic or Texas fever, and other infectious or contagious diseases. The Legis- lature may also establish a system of quarantine or inspection, and such other regulations as may be necessary for the pro- 41 tection of st<)ck-o\vnei*8 and most conducive to the sttxrk inter est* within this State. ARTICLE XVII. STATE BOUNDARIES. Section 1. The name of this State is Idaho, and its boun- daries are as follows: Beg"inning at a point in the middle cliannel of the Snake river where the northern lK)undary of Orejron intersects the same; then follow down the channel of Snake river to a ])oint o})i)osite the mouth of the Kooskcxwkia or Clearwater river: thence due north to the forty-ninth jwiral- lel of latitude: \honce east alon;^ that parallel to the thirty- ninth degree of lonj^itude west of Washing-ton: thencte south along that degree of longitude to the crest of the Bitter Koot Mountains: thence southward along the crest of the Bitter Root Mountains till its intersection with the Rotky Mountains: thence southward along the crest of the Rocky Mountains to the thirty-fourth degree of longitude west of Washington: thence south along that degree of longitude to the forty-second degree of north latitude: thence w^st along that parallel to the eastern lx>|jndary of the State of Oregon: thence north along that boundary to the i)lace of beginning, ARTICLE XVIII. COUNTY OKGANIZATION. Section l. The several counties of the Territory of Idaho Its they now exist, are hereby recognized as legal SuMi visions of this Stat-t\ Sec. 2. No county seat shall be removed unless ujMjn jieti- tion of a majority of the qualified electoi-s of the county, and unless two-thirds of the qualified electors of the county, voting on the pro})osition at a general election, shall vote in favor of such I'emoval. A proi>osition of removal of the comity seat shall not 1k» submitted in tlie same county more than r tj.,. 1..,.,.;,..,., ...., >,.-....,! t.. i ,t .^tr ^-..u.^.r 42 »ii the proposition at a general election. sTiall vote in favor of such division: Provided. That this section shall not apply to 'the creation of new counties. No person shall vote at such election who has not been ninety days a resident of the territory proposed to be annexed. When any part of a county is stricken ©ff and attached to another county, the part stricken oflf shall be held to pay its ratable proportion of all then existing liabilities of the c^ounty from whiqh it is taken. Sec. 4. No new county shall be established which shall reduce any pounty to -an area of less than four hundred square miles, nor shall a new county be formed containing an ai-ea of less than four hundred square miles. Sec. 5. The Legislature shall establish, subject to the pro- visions of this article, a system of county governments which shall be uniform throughout the State; and by general laws shall provide for township or precinct organization. Sec. 6. The Legislature, by general and uniform laws, shall provide for the election biennially in each of the several coun- ties of the State, of eounty commissioners, a sheriff, county treasurer, who is ex-oflfieio public administrator: probate judge, who is ex-officio county superintendent of public instruction: eounty assessor, who is ex-officio tax collector; a coroner and a surveyor. The clerk of the district court shall be ex-ofi^io auditor and recordei-. No other county offices shall be estab- lished, but the Legislature by general and uniform laws shall pro- vide few the election of such township, precinct and municipal offi- cers as public convenience may require, and shall prescribe their duties, and fix their terms of office. The Legislature shall pro- vide for the strict accountability of county, township, precinct, and municipal officers for all fees which may be collected by Shem, and for all public and municipal moneys which may be paid to them, or officially come into their possession. The eounty commissioners may employ counsel when necessary. The sherift', auditor and recorder and clerk of the district eourt shall be empowered by the county commissioners to appoint such deputies and clerical assistance as the business of their offices may require: said deputies and clerical assistance to receive such compensation as may be fixed by the county eommissioners. No sheriff or county assessor shall be qualified to hold the term of office immediately succeeding the term for which he was elected. Sec. 7. The officers provided by section six (6) of this article ahall receive annually as compensation for their services as 4a follow«: SlieritY. nut more than four Uif>ii-'ensation per annum therein })rovided, he shall be paid by the county a sum sufficient to make his ag"j^re«fate annual compensation equal to such minimum com]x?nsation. Sec. 9. The nej»-lect or i*efusal of any officer named in this article to account for and pay into the covmty treasury any money received as fees or comjKjnsation in excess of the maxi- mum amount allowed to such officer by the provisions of this article, within forty days after the receipt of the same, shall be a felony, and the gfrade of the crime shall be the embezzle- ment of public moneys, and be; punishable as provided foi- such offense. Sec. 10. The ]xmvd of county commissionei-s shall consist of three members, whose term of office shall Ixj two years. Sec. U. County, township and i)recinct officers shall |)erform such duties a.s shall'lK' prescriln'd by law. 44 ARTICLE XIX. APPORTIONMENT. Section l. Until otherwise provided by law the apportion- ment of the two houses of the Legislature shall be as follows: The first senatorial districts shall consist of the county of Shoshone, and shall elect two senators. , The second shall consist of the counties of Kootenai and Latah, and shall elect one senator. The third shall consist of the counties of Nez Perce and Idaho, and. shall elect one senator. The foui'th shall consist of the counties of Nez Pei'ce and Latah, and shall elect one senator. The fifth shall consist of the county of Latah, and shall elect one senator. The sixth shall consist of the county of Boise, and shall elect one senator. The seventh shall consist of the county of Custer, and shall elect one senator.- The eighth shall consist of the county of Lemhi, and shall elect one senator. The ninth shall consist of the county of Log-an. and shall elect one senator. The tenth shall consist of the county of Bingham, and shall elect one senator. The eleventh shall consist of the counties of Bear Lake, Oneida and Bingham, and shall elect one senator. The twelfth shall consist of the counties of Owyhee and Cassia, and shall elect one senator. The thirteenth shall consist of the county of Elmoi'e. and shall elect one senator. The fourteenth shall consist of the county of Alturas. and shall elect one senator. The fifteenth shall consist of the county of Ada. and shall elect two senators. The sixteenth shall consist of the county of Washington, and shall elect one senator. Sec. 2. The several counties shall elect the following mem- bers of the house of representatives: The county of Ada, three members. The counties of Ada and Elmore, one member. The county of Alturas. two members. The county of Boise, two members. 4.') .The county of Bear Lake, oiu; meniluM-. The county of Binp^ham, three memlxTs. The county of ( 'aHHia. one memter. The county of Custer, two memterH. The county of Khnoi-e, one niemljer. The county of Idaho, one ineini)er. The counties of Idalio and Ne/ Perce, one mem))er. The county of K(M)tenai. one memlxM*. The county of Latah, two inemlx>rs. The counties of Kootenai and Latah, one nieml)er. The county of Lo^an, two members. The county of Lemhi, two members. The county of Nez Perce, one memlxir. The county of Oneida, one member. The county of Owyhee, one member. The v'ounty of Shoshone, foui* memlx3rs. The county of Washingfton. two memlxirs. The counties of Bing-ham. Lo^an and Alturas. one member. ARTICLE XX. AMENDMENTS. Section l. Any amendment or amendments to this Con- stitution may Ixi pro])osed in either branch of the Legislature, and if the same shall be ajifreed to by two-thirds of all the mem- bess of each of the two houses, votino;- sej)erately, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and it shall be the duty of the Legislature to submit such amendment or amendments to the electors of the State at the next general election, and cause the same to be published without delay for at least six consecutive weeks, prior to said election, in not less than one newspa])er of general circulation published in each county: and if a majority of the electors shall ratify the same, such amend- ment or amendments shall Ix'come a ])art of this C'onstitution. Sec. 2. If two or more amendments are proposed, they shall be subniitted in such manner that the electors shall vote for or against Bach of them separately. Sec. 3. Whenever two-thirds of the members elected to each branch of the I^gislatui-e shall deem it necessary to call a convention to revise or amend this Constitution, they shall ' recommend to the electoi-s to voUj at the next general election 46 for or against a convention, and if a majority of all the electors voting- at said election shall have voted for a convention, the Legislature shall at the next session provide by law for calling the same ; and such convention shall consist of a number of members not less than double the number of the most numer- ous branch of the Legislature. Sec. 4. Any Constitution adopted by such convention, shall have no validity until it has been submitted to. and adopted by, the people. ARTICLE XXI. SCHEDULE AND ORDINANCE. Section 1 . That no inconvenience may arise from a change of the Territorial government to a permanent State government, it is declared that all writs, actions, prosecutions, clp-ims, liabilities, and obligations against the Territory of Idaho, of whatsoever nature, and rights of individuals, and of bodies cor- porate, shall continue as if no change had taken place in this government: and all process which may. before the organiza- tion of the judicial department under this Constitution, be issued under the authority of the Territory of Idaho, shall be as valid as if issued in the name of the State. Sec. 2. All laws now in force in the Territory of Idaho which are not repugnent to this Constitution shall remain in force until they expire by their own limitation or be altered or repealed by the Legislature. Sec. 3. All fines, penalties, forfeitures, and escheats accru- ing to the Territory of Idaho shall accrue to the use of the State. Sec. 4. All recognizances, bonds, obligations, or other un- dertakings heretofore taken, or which may be taken before the organization of the judicial department under this Constitution, shall remain valid, and shall pass over to and may be prosecuted in the name of the State ; and all bonds, obligations, or other undertaking executed by this Territory, or to any other officer in his official capacity, shall pass over to the pro^r State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered ac- cordingly. All criminal prosecutions and penal actions which have arisen, or which may arise before the organization of the judicial department under this Constitution, and which shall 47 then bo iH*ndin«^, may bo prosooutoil t4» iiMl-'.in. n' :iml .vii-iv. lion in the nnino of the Stnto. Sec. 5. All ortiocrs, civil and milituix. n.M\ in. mm- imir ottioos and api><)intinent*i in this Territory under 'the authority of the United States, or under the authority of 4«hi« Territory, sliall continue t^)hold and exercise their res}x»ctive oftices and appointinontw until susi>ended luider this Constitution. Skc. H. This Constitution sliall be submitted for adoption or rejection, to a vote of the electors qualilied by the laws of thiii Tei'ritory to vote at all elections at an election to be held on the Tuesday next after the first Monday in November, A. D. 1889. Said election shall be conducted in all respects in the same manner as provided by the laws of the Territory for gen- eral election, and the returns thereof shall be made and can- vassed in the same manner and by the same authority as \w(> vided in cases of such general elections, and abstracts of siich re- turns duly certified shall be transmitted to the board of canvassers now provided by law for canvassing the returns of votes for lX?legate in Congress. The said canvassing board shall can- vass the votes so returned and certify and declare the result of said election in the same manner, as is required by law for the election of said Delegate. At the said election the ballots shall Ix' in the following form : For the ( "onstitution — yes : no. And as a heading to each of said ballots shall be printed on each ballot, the following instructions to voters : All persons who desire t-o vote for the Constitution, or any of the articles submitted to a seperate vote, may erase the word ••no." All persons who desire to vote against the C'onstitutiou, or against any article submitted separately, may erase the word •'yes.*' Any pei'son may have printed or written on his ballot only the words, ••For the < 'onstitution" 'oi* ••Against the Constitution,'^ and such ballots shall be (,'ounted for or against the ConstitutioK accordingly. Sec. 7. This Constitution shall take effect and be in full force immediately upon the admission of the Territory as a State. Sec. 8. Immediately- upon the admission of the Territory as H State, the Governor of the Territory, or in case of his absence or failure to act, the secretary of the Territory, or in case of hi« absence or failure to act. the president of this convention, shall is- 48 sue a proclamation, which shall be published, and a copy thereof mailed to the chairman of the board county commissioners of each county, calling- an election by the people of all State, dis- trict, county, township, and other officers, created and made elective by this Constitution, and fixing- a day for such election, which shall not be less than forty days after the date of such proclamation, nor more than ninety days after the admission of the Territory as a State. Sec. 9. The board of commissioners of the several counties shall thereupon order such election for said day, and shall cause notice thereof to be given, in the manner and for the leng-th of time provided by the laws of the Territory in cases of g-eneral elections for Delegate to Cong-ress and county and other officers. Every qualified elector of the Territory, at the date of said election, shall be entitled to vote thereat. Said election shall be conducted in all respects in the same manner as provided by the laws of the Territory for g-eneral elections, and returns thereof shall be made and canvassed in the same manner and by the same authority as provided in cases of such general election : but returns for all State and district officers and members of the Legislature, shall be made to the canvassing- board herein- after provided for. Sec. 10. The Governor. Secretary, Controller, and Attorney- General of the Territory, and the president of this convention, or a majority of them, shall constitute a board of canvassers to canvass the vote at such elections for all State and district officers and members of the Legislature. The said board shall assemble at the seat of government of the Territory, on the thirtieth day after the date of such election (or on the following day if such day fall on Sunday), and proceed to canvass the votes for all State and district officers and members of the Legislature, in the manner provided by the laws of the Territory for canvass- ing the vote for Delegate to Congress, and they shall issue cer- tificates of election to the persons found to be elected to said offices severally, and shall make and file with the Secretary of the Territory an abstract certified 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. Sec. 11. The canvassing boards of the several counties shall issue certificates of election to the several persons found by them to have been elected to the several county and precinct offices. , Sec. 12. All officers elected at such election shall, within 4W thirty days uftii- lii. .> ..a>t been declared elected, Uike the oath required by this Constitution, and give the same bond required by the law of the IVrritory to be ffiven in case of like officers of the Territory, district or county, and shall thereui)on enter upon the duties of their resjiective offices: but the Legislature may require by law all such officers to ji^ive other or' further bonds as a condition of their continuance in oflHce. Sec. 13. All officers elected at said election, shall hold their offices until the Legislature shall provide by law, in accordance with this Constitution, for the election of their successors, and until such successors shall be elected and qualified. Sec. 14. The Governor-elect of the State, immediately upon his qualifying and enteiing upon the duties of his office, shall issue his proclamation convening the Legislature of the State at the seat of government on a day to be named in said proclama- tion and which shall not be less than thirty nor more than sixty days after the date of such proclamation. Within ten days after the organization of the Legislature lx)th houses of the Legislature shall then and there proceed to elect, as provided by law, two Senators of the United States for the State of Idaho. At said election, the two jjersons who shall receive the majority of all the votes cast by said sen^itors and representatives, shall be elected as such United States Senatoi-s. and shall be so declared by the presiding officers of said joint session. The presiding officers of the senate and house, shall issue a certificate toeat'hof said senators, certifying his election, which certificates shall also be signed by the Governor and attested by the Secretary of StAte. Sec. 15. The Legislature shall pass all necessary laws to carry into effect the provisions of this Constitution. Sec. 1H. Whenevei" any two of the judges of the supreme court of the State, elected under the provisions of this Consti- tution, shall have qualified in their offices, the causes then pending in the supreme court of the Territory, and the papers, records, and proceedings of said coui't, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the supreme court of the State ; and until so super- ceded the supreme court of the Territory and the judges thereof shall continue, with like ix)wers and jurisdiction, as if this Constitution had not been adopted. Whenever the judge of the district court of any district, elected under the provisions of this Constitution, shall have qualified in office, the several causes then pending in the district court of the Territory, 50 within any county in such district, and the records, papers, and proceeding's of said district court, and the seal and other prop- erty pertaining thereto, shall pass into the jurisdiction and possession of the district court of the State for such county : and until the district courts of this Territory shall be super- ceded i^ the manner aforesaid the said district courts and the judges thereof shall continue with the same jurisdiction and power to be exercised in the same judicial districts respectively, as heretofore constituted under the laws of the Territory. Sec. 17. Until otherwise provided by law, the seals now in use in the supreme and district courts of this Territory are hereby declared to be the seals of the supreme and district courts, respectively, of the State. Sec. 18. Whenever this Constitution shall go into effect, the books, records, and papers, and proceedings of the probate court in each county, and all causes and matters of adminis- tration and other matters pending therein, shall pass into the jurisdiction and possession of the probate court of the same county of the State, and the said probate court shall proceed to final decree or judgment, order, or other determination in the said several matters and causes as the said probate court might have done as if this Constitution had not been adopted. Sec. 19. It is ordained by the State of Idaho that perfect toleration of religious sentiment shall be secured, and no in- habitant of said State shall ever be molested in person or prop- erty on account of his or her mode of religious worship. And the people of the State of Idaho do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits, ow^ned or held by any Indians or Indian tribes ; and until the title thereto shall have been ex- tinguished bj^ the United States, the same shall be 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 : that the lands belonging to citizens of the United States, residing without the said State of Idaho, shall never be taxed at a higher rate than the lands be- longing to the residents thereof. That no taxes shall be imposed by the State on the lands or property therein belonging to, or which may hereafter be purchased by, the United States, or reserved for its use. And the debts and liabilities of this Terri- tory shall be assumed and paid by the State of Idaho. That this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Idaho. Sec. 2.0. Thai in Ixjhalf of the })eo|)le of Idaho, we, in con- vention asHembled, do adopt the C'onstitution of the United States. Done in open convention, at Boise City, in the Territory of Idaho, this sixth day of Aujjust, in the year of our Lord one thousand eight hundred and eiji-hty-nine. Wm. H. CLAGETT, President, (xEO. AINSLIE, W. C. B. ALLEN, . ROB'T ANDKRSON, H. ARMSTRONG, ORLANDO B. BATTEN, PRANK W. BEANE, .TAS. H. BEATTY, J. W. BALLENTINE, A. D. BEVAN, HENRY B. BLAKE. FREDERICK CAMPBELL, FRANK P. CAVANAH, A. S. CHANEY, CHAS. A. CLARK. L N. COSTON. .L\S. L CRUTCHER. STEPHEN S. GLIDDEN, JOHN S. GRAY, Wm. W. HAMMEL, H. S. HAMPTON, H. O. HARKNESS, FRANK HARRIS. SOL. HASBROUCK, C. M. HAYS, W. B. HEYBURN, JOHN HOGAN, J. M. HOWE, E. S. J f: WELL, G. W. KING, H. B. KINPORT, J AS. W. LAMOREAUX, JOHN LEWIS. Wm. C. MAXEY, A. E. MAYHEW. W. J. McCONNELL, HENRY MELDER, 52 JOHN H. MYER, JOHN T. MORGAN, A. B. MOSS, AARON F. PARKER, A. J. PIERCE, A. J. PINKHAM, J. W. POE, THOS. PYEATT, JAS. W. REID, W. D. ROBBINS, Wm. H. SAVIDGE, AUG. M. SINNOTT, JAMES M. SHOUP, DREN W. STANDROD, FRANK. STEUNENBERG, HOMER STULL, WILLIS SWEET, SAM. F. TAYLOR, J. L. UNDERWOOD, LYCURGUS VINEYARD, J. S. WHITTON, EDGAR WILSON, W. W. WOODS, JOHN LEMP, N. I. ANDREWS, P. McMAHON, . SAMUEL J. PRITCHARD, J. W. BRIGHAM, P. J. PEFLEY. IDAHO ADMISSION BILL. [Public 190.] AN ACT To provide for the admisnion of the State Idaho into tho Union. Whereas, The people of the Territory of Idaho did, on the 4th day of July, 188t), by a convention of deleg-ates called and assembled for that i)urj)Ose, form for themselves a Constitution, which C'Onstitution was ratified and adopted by the people of said Territory at an election held therefor on the first Tuesday in November, 1889, which Constitution is republican in form and is in conformity with the Constitution of the United States; and Whekeas. Said convention and the i>eople of said Territory have asked the admission of said Territory into the Union of States on an equal footing with the orijjfinal States in all respects whatever : Therefore, lie it enack'd hy the Senate ami House of Representatives of the United States of Aineriea in (^ongress a.ssembled : That the State of Idaho is hereby declared to be a State of the United States of America, and is hereby declared admitted into the Union on an equal footing- with the original States in all I'espects whatever: and that the Constitution which tho j)cople of Idaho have formed for themselves be, and the same is hereby, accepted, ratified, and confirmed. Sec. 2. That the said State shall consist of all the toi*ritory described as follows: Be^inninj^- at the intei's^H'tion of tho thirty-ninth meridian with the boundary line between the Tnit.'.i - lic lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the exi)enses incident to the same, shall be paid to the sakl State, to })e used as a permanent fund, the interest of which only shall be exj^ended fm- tlio su])- port of the common schools within said State. Sec. 8. That the lands granU^d to the Territory of Idiiho. by the act of February 18. 1881. entitled "An act to grant lands to Dakota, Montana, Arizona. Idaho and Wyoming for university purposes." are hereby vested in the State of Idaho to the extent of the full quantity of 72 sections to said State, and any portion of said lands that may not have been selected by said Ter- ritory of Idaho, may be selected by the said State: but said act of February 18, 1881, shall be so amended as to i)rovide that none of said lands shall be sold for less than $10 per acre, and the l)roceeds shall constitute a i)ermanent fund to be safely invested and held by said State, and the income thereof be u.sed exclu- sively for university i)ur])oses. The schools, colleges and universities ])rovided for in this act shall forever remain under the exclusive control of the said State, and no part of the proceeds arising from the sale or disi)osal of any lands herein granted for educational pur])ose shall be used for the supiK>rt of any sectarian or denominational school, college or university. Sec. 9. That the i)enitentiary at Boise City, Idaho, and all lands connected therewith and set ai)art and reserved therefor, and unexi)ended a])pro])riations of money therefor, and the personal i)i"oi)iM-ty of the United States now Ixnng in the Ter- ritory of Idaho which has been in u.se in the said Territory in the administration of the Territorial governmeni, including books and records and the pj'ojMTrty used at llu* Coiistitiitinnal 56 convention which convened at Boise City in the month of July, 1889, are hereby granted and donated to the State of Idaho. Sec. 10. That 90,000 acres of land, to be selected and located as provided in section 4 of this Act, are hereby g-ranted to said State for the use and support of an agricultural college in said State, as provided in the acts of Congress making donations of lands for such purposes. Sec. 11. That in lieu of the grant of land for purposes of internal improvement made to the new States by the eighth section of the act of September 4, 1841, which section is hereby repealed as to the State of Idaho, and in lieu of any claim or demand by the said State under the act of September 28, 1850. and section 2479 of the Revised Statutes, making a grant of swamp and overflowed lands to certain States, which grant, it is hereby declared, is not extended to the State of Idaho, and in lieu of any grant of saline lands to said State, the following grants of land are hereby made, to-wit : To the State of Idaho : For the establishment and maintenance of a scientific school, 100,000 acres ; for State normal schools, 100,000 acres ; for the support and maintenance of the insane asylum, located at Blackfoot, 50,000 acres ; for the support and maihtenance of the State university, located at Moscow, 50,000 acres : for the sup- port and maintenance of the penitentiary, located at Boise City. 50,000 acres : for other State, charitable, educational, penal and reformatory institutions. 150,000 acres. None of the lands granted by this act shall be sold for less than $10 an acre. Sec. 12. That the State of Idaho shall not be entitled to any further or other grants of land for any purpose than as ex- pressly provided in this act. And the lands granted by this, section shall be held, appropriated, and disposed of, exclusively for the purpose herein mentioned, in such manner as the Legis- latue of the State may provide. Sec. 13. That all mineral lands shall be exemx)ted from the grants by this act. But if sections 16 and 3(), or any sub- division, or portion of any smallest subdivision thereof, in any township, shall be found by the Department of the Interior to be mineral lands, the said State is hereby authorized and em- powered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said State, in lieu thereof, for the use and the benefit of the common schools of said State. Sec. 14. That all lands granted in quantity or as indemnity by this act shall be selected, under the direction of the Secre- tai'y of the Interior, from the surveyed, unreserved, and un- appropriated public lands of the United States, within the limiUs of the State entitled thereto. And there shall bo deducted from the number of acres of land donated by this act for the specific objects to said State the number of acres heretofore donated by C'on^ress to said Territory for similar objects. Sec. If). That the sum of $28,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise ap])ropriated, for defraying- the ex- l)en8es of said convention and foi* the payment of the members thereof, under the same rules and reg-ulations and at the same rates as are now provided by law for the payment of the Terri- torial Legrislatures, and for elections held therefor and there- under. Any money hereby appropriated not necessary for such pur]H)se shall be covered into the Treasury of the United States. Sec. Jf>. That the said State shall constitute a judicial dis- trict, the name thereof to be the same as the name of the State; and the circuit and district courts therefor shall be held at the capital of the Sta,te for the time being", and the said district shall, for judicial purposes, until otherwise provided, be attached to the ninth judicdal circuit. There shall be appointed for said district one district judg-e, one United States attorney, and one United States marshal. The judg-e of the said district shall receive a yearly salary of $3,500, })ayable in four ec^ual install- ments on the fii'st days of .January, April, July and October of^ each year, and shall reside in the district. There shall be appointed clerks of said courts in the said district, who shall keep their offices at the capital of said State. The regular terms of said courts shall be held in said district, at the place aforesaid, on the first Monday in April and the first Monday in November of each year, and only one *rrand jury and one ])etit jury shall l>e summoned in both said circuit and district court. The circuit and disti'ict courts for said disti'ict, and the judg-es thereof, resi)ectively, shall possess the same powers and juris- diction and i^rform the same duties required to Ix* i)erformed by the other circuit and district courts and judg^es of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and clerks of the circuit and district courts of .said district, and all other officers and iK)rsons ]X3r forming duties in the administration of justice thei'ein, shall severally i)ossess the iM)wers and i)erform the duties lawfully possessed and required to be |K*rformed by simi- lar offi(.'ers in other districts of the Unit«'d States: and shall, for 58 the services they may perform, receive the fees and compensa- tion allowed by law to other similar oflftcers and persons per- forming similar duties in the State of Oregon. Sec. 17. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Coiirt of the United States upon any record from the supreme court of said Territory, or that may hereafter lawfully be prosecuted upon any record from said court, may be heai'd and determined by said Supreme Court of the United States: and the mandate of execution or for further proceedings shall be directed by the Supreme Court of the United States to the circuit or district court hereby established within the said State from or to the supreme court of such State, as the nature of the case may require. And the circuit, district, and State courts herein named shall, respectively, be the successors of the supreme court of the Territory, as to all such cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same and award mesne or final process therein: and that from all judg- ments and decrees of the supreme court of the Territory men- tioned in this act, in any case arising within the limits of the proposed State prior to admission, the parties to such judg- ment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States as they shall have had by law prior to the admission of said State into the Union. Sec. 18. That in respect to all cases, proceedings and mat- ters now pending in the supreme or district courts of the said Territory at the time of the admission into the Union of the State of Idaho and arising within the limits of such State, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commence- ment of such cases, the said circuit and district courts, respect- ively, shall be the successors of said supreme and district courts of said Territory : and in respect to all other cases, proceedings and matters pending in the supreme or district courts of said Territory at the time of the admission of such Territory into the Union, arising within the limits of said State, the courts established by such State shall, respectively, be the successors of said supreme and district Territorial courts : and all the files, records, indictments, and proceedings relating to any such cases shall be transferred to such circuit, district, and State courts. re8iH)ctivfly, aiul the naine ahull lx» prcKjeedud with tliorein In duo course of luw ; but no writ, uetiou, indictment, cause or pro- ceedinjj now pending, or that prior to the admisHion of the State whall bo jwndinjf, in any Territorial court in said Terri- tory, shall abate by the admission of sucli State into the Union. * but tlie same shall lx« transferred and j)roceedod with in the proi>er United States circuit, district, or State court as the case may be: Pkovidkd, howkvkh. That in all civil ai-tions. causes, and j)roceedintfs in which the United States is not a party, transfers shall not" Ixi matle to the circuit and district courts of the United States, except upon written request of one of the i)arties to such action or proceeding? filed iu the projjer court: and in the absencp of such request hTuch cases shall Ix; proceeded with in the pioi)er Stat<; courts. Sec. in. That from and after the admission of said State into the Union, in pursuance of this act. the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States. Sec. 20. That the Legislature of the said State may elect two Senators of the United States as is provided by the Consti- tution of said State, and the Senators and Representative of said State shall be entitled to seates in Con^fress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. Sec. 21. That until the State officers are elected and quali- fied under the provisions of the Constitution of said State, the officers of the Teri'itory of Idaho shall discharge the duties of their respective offices under the Constitution of the State, in the manner and form as therein provided : and all laws in force made by said Territory, at the time ofuts admission into the , Union, shall be in force in said State, except an modified or changed by this atrt or by the Constitution of the State. Sec. 22. That all acts or parts of acts in conflict with the ])rovisions of this act. whether passed by Legislature of said Territory or by Congress, are hereby repealed. Approved July .V. ISOO. I m