>■ «?/ 3K fyxmll Utiivmiti Jilr«g THE GIFT OF ,±d^.. ^,,,<;^...d?£.^;!^ ^-f A-AAorjAS^ LklH-lMQ^- 4553 CONSTITUTION Cornell University Library JK7525 1889 .A5 Constitution of the state of Idaho olin 3 1924 030 494 847 STATE OF IDAHO ADOPTED BY A Constitutional Convention Held at Boise City, in the Territory of Idaho, August 6, 1889. POCATELLO, THE ADVANCE PRINT, 1901. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924030494847 CONSXITIXriON . . OF THE . . STATE OF IDAHO ADOPTED BY A Constitutional Convention Held at Boise City, in the Territory of Idaho, August (3, 1889. POCATELLO, THE ADVANCE PRINT, cs CONSTITUTION Adopted by a Constitutional Convention Held at Boise City, in the Territory of Idaho, August 6, 1889. PREAMBLE. We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution. ARTICLE I. df:claration of rights. Section i. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, pos- sessing and protecting property; pursuing happiness and securing safety. Sec. 2. All political power is inherent in the peo- ple. Government is instituted for their equal protec- tion and benefit, and they have the right to alter, re- form or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the legislature. Sec. 3. The State of Idaho is an inseparable part of the American union, and the constitution of the United States is the supreme law of theiand. Sec. 4. The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privi- lege or capacity, on account of his religious opinions; 4 but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations or excuse acts of licentiousness or justify polygamous 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 indi- rectly aid or abet, counsel or advise any person to com- mit the crime of bigamy or polygamy, or any other crime. No person shall be required to attend or sup- port 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 denomination or mode of worship. Bigamy and polyg- amy are forever prohibited in the state, and the legis- lature 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 prescribed 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 usual punishments inflicted. Sec. 7. The right of trial by jury shall remain in- violate; but in civil actions, three-fourths of the jury may render a verdict, and the legislature may provide that in all cases of misdemeanors five-sixths of the jury may render a verdict. A trial by jury maybe 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 5 felony or criminal offense of any grade, unless on pre- sentment or indictment of a grand jury or on informa- tion of the public prosecutor, after a commitment by a magistrate, except in cases of impeachment, 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 upon 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 prosecutor. Sec. 9. Every person may freely speak, write and publish, on all subjects, being responsible for the abuse of that liberty. Sec. 10. The people shall have the right to as- semble in a peaceable manner, to consult for their common good; to instruct their representatives, and to petition the legislature for the redress of grievances. Sec. II. The people have the right to bear arms for their security and defense; but the legislature shall regulate the exercise of this right by law. Sec. 12. The military shall be subordinate to the civil power, and no soldier in time of peace shall be quartered in any house without the consent of its own- er, nor in time of war, except in the manner prescribed by law. Sec. 13. In all criminal prosecutions, the party ac- cused shall have the right to a speedy and public trial; to have the process of the court to compel the attend- ance of witnesses in his behalf and to appear and de- fend in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law. Sec. 14. The necessary use of lands for the con- struction of reservoirs, or storage basins, for the pur- poses of irrigation, or for the right of way for the con- struction of canals, ditches, flumes or pipes, to convey water to tlie place of use for any useful, beneficial or necessary purpose, or for drainage; or for the drainage of mines, or the working thereof by means of roads, railroads, tramways, cuts, tunnels, shafts, hoisting works, dumps or other necessary means to their complete de- velopment, or any other use necessary to the complete development of the material resources of the State, or the preservation of the health of its inhabitants, is here- by declared to be a public use, and subject to the regu- lation and control of the State. Private property may be taken for public use, but not until a just compensation, to be ascertained in a manner prescribed by law, shall be paid therefor. Sec. 15. There shall be no imprisonment for debt in this state, except in cases of fraud. Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed. Sec. 17. The right of the people to be secure in their persons, houses, papers and effects, against un- reasonable searches and seizures, shall not be violated; and no warrant shall issue without probable cause shown, by aflfidavit, 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. iq. No power, civil or military, shall at any time interfere with or prevent the free and lawful ex- ercise 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. 7 Sec. 21. This enumeration of rights shall not be construed to impair or deny other rights retained by the people. ARTICLE II. DISTRIBUTION OF POWER. Section i. The powers of the government of this state are divided into three distinct departments; the legislative, executive, any judicial, and no person, or collection of persons, charged with the exercise of pow- ers properly belonging to one of these departments shall exercise and powers properly belonging to either of the others, except as in this constitution expressly directed or permitted. ARTICLE III. legislative department. Section i. 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 legislature of the State of Idaho." Sec. 2 The senate shall consist of eighteen mem- bers, and the house of representatives of thirty-six members. The legislature may increase the numberof senators and representatives. Provided , The number of senators shall never exceed twenty-four, and the house of representatives shall never exceed sixty mem- bers. The senators and representatives shall be chosen by 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 representatives shall be elected for the term of two" years, from and after the first day of December next following the general elec- tion. Sec. 4. The members of the first legislature shall be apportioned to the several legislative districts of the state in proportion to the number of votes polled at the last general election for delegate to congress, and there- after to be apportioned as' may be provided by law: Provided , Each county shall be entitled to one repre- sentative. Sec. 5. A senatorial or representative district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating such districts. Sec. 6. No person shall be a senator or represen- tative 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 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 peace, shall be privileged from arrest during the session of the legislature, and in going to and returning from the same, and shall not be liable to any civil process during the session of the legislature, nor during the ten days next before the commencement thereof; nor shall a member, for words uttered in debate in either house, be questioned in any other place. Sec. 8. The sessions of the legislature shall, after the first session thereof, be held biennially, at the capital of the state, commencing on the first Monday after the first day of January and every second year thereafter, unless a different day shall have been ap- pointed by law, and at other times when convened by the governor. Sec. g. 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 upon its own adjournments; but neither house shall, without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting. Sec. 10. A majority of each house shall constitute a quorum t© do business; but a smaller number may adjourn from day to day, and may compel the attend- ance of absent members, in such 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 been effected. Sec. II. Each house may, for good cause shown, with the concurrence of two-thirds of all the members, expel a member. Sec. 12. The business 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: Fvovided, In case of urgency, two-thirds of the house where such bill may be pending, may, up- on a vote of the yeas and nays, dispense with this pro- vision. On the final passage of all bills, they shall be read at length, section 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 mem- bers present. lO Sec. i6. Every act shall embrace but one subject, and matters properly connected therewith, which sub- ject 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 not 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 reference to its title, but the section as amended, shall be set forth and published at full length. Sec. iq. The. legislature shall not pass local or special laws in any of the following enumerated cases, that is to say; Regulating the jurisdiction and duties of justices of the peace and constables. For the punishment of crimes and misdemeanors. Regulating the practice of the courts of justice. Providing for a change of venue in civil or criminal actions. Granting divorces. Changing the names of persons or places. Authorizing the laying out, opening, altering, main- taining, working on, or vacating, roads, highways, streets, alleys, town plats, parks, cemeteries, or any pub- lic grounds not owned by the state. Summoning and empaneling grand and trial juries, and providing for their compensation. Regulating county and township business, or the election of county and township ofificers. For the assessment and collection of taxes. Providing for and conducting elections, or desig- nating the place of voting. Affecting estates of deceased persons, minors or other persons under legal disabilities. Extending the time for collection of taxes. Giving effect to invalid deeds, leases or other II instruments. Refunding money paid into the state treasury. Releasing or extinguishing, in whole or in part, the indebtedness, 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 officer. Exempting property from taxation. Changing county seats, unless the law authorizing the change shall require that two-thirds of the legal votes cast at a general or special election, shall desig- nate the place to which the county seat shall be changed : Provided, That the power to pass a special law shall cease, as long as the legislature shall provide for such change by general law: Provided farther, That no special law shall be passed for any one county oftener than once in six years. Restoring to citizenship persons convicted of in- famous crimes. Regulating the interest on money. 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 officers in counties, cities, townships, election districts or school districts, except as in this constitution otherwise provided. Changing the law of descent or succession. Authorizing the adoption or legitimization of chil- dren. For limitation of civil or criminal actions. Creating any corporation. Creating, increasing or decreasing fees, percentages or allowances 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 re- ceive for his services, a sum not exceeding five dollars per day, from the commencement of the session; but such pay shall not exceed for each member, except the presiding officers, in the aggregate, three hundred dol- lars 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 continue for a longer period than twenty days, except in case of the first 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 additional compensation equal to one-half his per diem allowance as a member: PT'Ovi(]e(L That whenever any member of the legis- lature 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 virtue and sobriety of the people, and the purity of the home. The legislature should further all wise and well directed efforts for the promotion of temper- ance and morality. 13 Sec. 25. The members of the legislature shall, be- fore they enter upon the duties of their respective of- fices, take or subscribe the following oath or affirmation; "I do solemnly swear, (or affirm, as as the case may be) that I will support the constitution of the United States and the constitution of the State of Idaho, and that I will faithfully discharge the duties of senator (or repre- sentative, as the case may be) according t© the best of my ability." And such oath may be administered by the governor, secretary of state, or judge of the su- preme court, or presiding officer of either house. ARTICLE IV. EXECUTIVE DEPARTMENT. Section i. The executive department shall con- sist of a governor, lieutenant-governor, secretary of state, state auditor, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold his office for two years, beginning on the first Monday in January next after his election, except as otherwise provided in this constitution. The ofificers of the executive department, excepting the lieutenant- governor, shall, during their term of office, reside at the seat of government, where they shall keep the pub- lic records, books and papers. They shall perform 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, respectively, having the highest number of votes for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the legislature at its next regular session, shall forthwith, by joint ballot, elect one of such per- sons for said office. The returns of election for the of- ficers named in section one shall be made in such man- 14 ner as may be prescribed by law, and all, contested elec- tions of the same, other than provided for in this sec-, tion, shall be determined as may be prescribed by law. Sec. 3. No person shall be eligible to the office of governor or lieutenant-governor, unless he shall have attained the age of thirty years at the time of his elec- tion ; 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-general 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 qualifi- cations above described 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 pre- ceding 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 insurrection, 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 during the recess of the senate, a vacancy occurs in any state or district of- fice, the governor shall appoint some fit person to dis- charge 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 dis- trict court, secretary of state, state auditor, state treas- urer, attorney general, or superintendent of public in- 15 struction, shall be vacated by death, resignation or oth- erwise, it shall be the duty of the governor to fill the the same by appointment, and the appointee shall hold his office until his successor shall be elected and quali- fied in such manner as may be provided by law. Sec. 7. The governor, secretary of state, and at- torney general shall constitute a board to be known as the board of pardons. Said board or a majority there- of 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 offenses against the state except treason or conviction on impeachment. The legislature shall by law prescribe the sessions of said board and the manner in which application shall be made, and . regulate proceedings thereon; but no fine or forfeiture shall be remitted, and no commuta- tion or pardon granted, except by the decision of a ma- jority of said board, after a full hearing in open session, and until previous notice of the time and place of such hearing and the release applied for shall have been given by publication in some newspaper of general cir- culation, at least once a week for four weeks. The pro- ceedings and the decision of the board shall be reduced to writing and with their reasons for their action in each case, and the dissent of any member who may disagree, signed by him, and filed, with all papers used upon the hearing, in the ofifice of the secretary of state. The governor shall have power to grant respites or reprieves in ^11 cases of convictions for offenses against the state, except treason or conviction on impeachment, but such respites or reprieves shall not extend beyond the next session of the board of pardons; and such board shall at such session continue or determine such respite or reprieve, or they may commute or pardon the offense, as herein provided. In cases of conviction for treason the governor shall have the power to suspend the execution of the sentence until the case shall be re- i6 ported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct its execution, or grant a further re- prieve. He shall communicate to the legislature, at each regular session, each case of remission of fine or forfeiture, reprieve, commutation, or pardon granted since the last previous report, stating the name of the convict, the crime of which he was convicted, the sen- tence and its date, and the date of remission, commu- tation, pardon, or reprieve, with the reasons for grant- ing the same, and the objections, if any, of any member of the board made thereto. Sec. 8. The governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respect- ive offices, which information shall be given upon 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 expenses of their re- spective offices and institutions, and may, at any time he deems it necessary, appoint a committee to investi- gate and report to him upon the condition of any exec- utiue office or state institution. The governor shall at the commencement of each session, and from time to time, by message, give to the legislature, information of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall also send to the legislature a statement, with vouchers, of the expenditures of all moneys belonging to thti state and paid out by him. He shall also, at the commence- ment of each session, present estimates of the amount of money' required to be raised by taxation for all pur- poses of the state. Sec. 9. The governor may, on extraordinary occa- sion, convene the legislature by proclamation, stating the purposes for which he has convened it; but when so convened, it shall have no power to l.egislate on any sub- I? jects other than those specified in the proclamation; but may provide for the expenses of the session and other matters incidental thereto. He may also, by proclama- tion, convene the senate in extraordinary session for the transaction of executive business. Sec. io. Every bill passed by the legislature, shall, before it becomes a larw, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections, to the house in which it orig- inated, which house shall enter the objections at large upon its journals and proceed to reconsider the bill. If then two-thirds of the members present agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be recon- sidered; arid if approved by two-thirds of the members present in that house, it shall become a law notwith- standing the objections of the governor. In all such cases the vote of each house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor to the leg- islature within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the legis- lature shall, by adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the secretary of state within ten days after such ad- journment (Sundays excepted) or become a law. Sec. II. ' The governor shall have power to disap- prove of any item or items of any bill making appropri- ations of money, embracing distinct items and the part or parts apprbvedshall become a law; and the item or items disapproved shall be void unless enacted in the manner following: If the legislature be ffi session, he shall within five days, transmit to the house within which the bill originated, a copy of the item or items thereof disapproved, together with his objections there- to, and the items objected to shall be separately recon- i8 sidered, and each item shall then take the sariie CQurse as is prescribed for the passage of bills over the exec- utive veto. Sec. 12. In case of the failure to qualify, the im- peachment, or conviction of treason, felony, or other in- famous crime, of the governor, or his death, removal from office, resignation, absence ffom the state, or ina- bility to discharge the powers and duties of his office, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall cease, shall devolve upon the lieutenant-governor. Sec. 13. The lieutenant-governor shall be presi- dent of the senate, hut shall vote only when the senate is equally divided. In case of the absence or disqualifi- cation of the lieutenant-governor from any cause vi'hich applies to the governor or when he shall hold the of- fice of governor, then the president pro tempore of the senate shall perform the duties of the lieutenant-gov- ernor until the vacancy is filled or the disability re- moved. Sec. 14. In case of the failure to qualify in his of- fice, death, resignation, absence from the state, impeach- ment, conviction of treason, felony or other infamous crime, or disqualification from any cause, of both gov- ernor and lieutenant-governor, the duties of the gov- nor shall devolve upon the president of the senate pro tempore, until such disqualification of either the govern- or or lieutenant governor be removed, or the vacancy filled; and if the president of the senate, for any of the aboved named causes, shall become incapable of per- forming the duties of governor, the same shall devolve upon the speaker of the house. Sec. 15. There shall be a seal of this state' which shall be kept by the 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. 19 Sec. i6. 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 countersigned by the secretary of state. Sec. 17. An account shall be kept by the officers of the executive department and of all public institu- tions of the state of all moneys received by them sever- ally, from all sources, and for every service performed and of all moneys disbursed by them severally, and a semi-annual report thereof shall be made to the gover- nor, under oath; they shall also, at least twenty days preceding each regular session of the legislature, make full and complete reports of their official transactions to the governor, who shall transmit the same to the leg- islature. Sec. 18. The governor, secretary of state, and at- torney general shall constitute a board of state prison commissioners, which board shall have such supervision of all matters connected with the state prison as may be prescribed by law. They shall also constitute a board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed bv law, and perform such other duties as may be prescribed by law. And no claim against the state, ex- cept 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. 19. The governor, secretary of state, state auditor, state treasurer, attorney general and superin- tendent of public instruction, shall, quarterly as due, during their continuance in office, receive for their ser- vices compensation, which, for the term next ensuing after the adoption of this constitution, is fixed as fol- lows: 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 dol- lars per annum; attorney general, two thousand dollars 20 per annum; and superintendent 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 for the speaker of the house of representatives, to be allowed only during the sessions of the legislature. The compensations enumerated shall be in full for all services by said officers respect- ively, rendered in any official capacity or employment whatever during their respective terms of office. No officer named in this section shall receive, for the performance 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 effect the salaries of the officers, then in office during their term: Pvovided hoivever, The legislature may provide for the payment of actual and necessary expenses to the governor, lieu- tenant-governor, secretary of state, attorney-general, and superintendent of public instruction, while traveling within" the state in the performance of official duty. ARTICLE V. JUDICIAL DEPARTMENT. Section i. The distinctions between actions at law and suits in equity, and the forms of all such actions, and suits, are hereby prohibited; and there shall be in this state but one form of action for the enforcement or protection of private rights, or the redress of private wrongs; which shall be denominated a civil action; and every, action prosecuted by the people of the state as a party, against a person charged with a public offense, •for the punishment of the same, shall be termed a criminal action. 21 Feigned issues are prohibited, and the fact at issue shall be tried by order of court before a jury. Sec. 2. The judicial power of the state shall be vested in a court for the trial of impeachments, a su- preme court, district courts, probate courts, courts of justices of the peace, and such other courts, inferior to the supreme court, as may be established by law, for any incorporated city or town. Sec. 3. The court for the trial of impeachments shall be the senate. A majo;"ity of the members elected shall be necessary to a quorum, and the judgment shall not extend beyond removal from, and disqualification to hold office in this state; but the party shall be liable to indictment and punishment according to law. Sec. 4. The house of representatives solely, shall have the power of impeachment. No person shall be convicted without the concurrence of two-thirds of the senators elected. When the governor is impeached the chief justice shall preside. Sec. 5. Treason against the state shall consist only, in levying war against it, or adhering to its ene- mies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in open court. No conviction of treason or attainder, shall work corruption of blood or forfeiture of estate. Sec. 6. The supreme court shall consist of three' justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. The justices ©f the supreme court shall be elected by the electors of the state at large. The terms of ofifice of the justices of the ' supreme court, except as in this article otherwise pro- vided, shall be six years. The justices of the 'supreme 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 22 court, who shall, for that purpose, assemble at the seat of government, and they shall cause the result thereof to be certified 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 vancy, shall be the chief justice, and shall pre- side 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 crust 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. q. 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 jurisdiction to issue writs of manda- mus, 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 de- cision shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the legislature for its action. Sec. II. The state shall be divided into five judic- ial districts, for each of which a judge shall be chosen by the qualified electors thereof, whose term of office 23 shall be four years. And there shall be held a district court, in each county, at least twice in each year, to con- tinue for such time in each county, as may be prescribed by law; but the legislature may reduce or increase the number of districts, district judges, and district attor- neys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law. Sec. 12. Every judge of the district court shall reside in the district for which he is elected. A judge 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 governor, it shall be his duty to do so; but a cause in the district court may be tried by a judge pro tempore, who myst be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, and sworn to try the cause. Sec. 13. The legislature shall have no power to de- prive the judicial department of any power or jurisdic- tion which rightfully pertains to it as a co-ordinate department of the government; but the legislature shall provide a proper system of appeals, and regulate by law, when necessary, the methods of proceeding in the exercise of their powers of all the courts below the supreme court, so far as the same may be done without conflict with this constitution. Sec. 14. The legislature may provide for the estab- lishment of special courts, for the trial of misdemeanors, in incorporated cities and towns, where the same may be necessary. Sec. 15. The clerk of the supreme court shall be appointed by the court, and shall hold his office during the pleasure of the court. He shall receive such com- pensation for his services as may be provided by law. Sec. 16. A clerk of the district court for each county shall be- elected by the qualified voters thereof ' at the time and in the manner prescribed by law for the elec- 24 tion of members of the legislature, and shall hold his office for the term of four years. Sec. 17. The salary of the justices of the supreme court, until otherwise provided by the legislature, shall be three thousand dollars each per annum, and the sal- ary of the judges of the district court, until otherwise provided by the legislature shall be three thousand dol- lars each per annum, and no justice of the supreme court, or judge of the district court, shall be paid his sal- ary, or any part thereof, unless he shall have first taken and subscribed an oath that there is not in his hands any matter in controversy not decided by him which had been finally submitted for his consideration and determination, thirty days prior to the taking and sub- scribing such oath. Sec. 18. A prosecuting attorney shall be elected for each organized county in the state, by the qualified electors of such county, and shall hold office for the term of two years, and shall perform such duties as may be prescribed by law; he shall be a practicing attorney at law, and a resident and elector of the county for which he is elected. He shall receive as compensation for his services a sum not less than five hundred dollars per annum nor more than fifteen hundred dollars per annum, to be fixed by the board of commissioners of the county at its regular session in July next preceding any general election, and to be paid in quarterly install- ments out of the county treasury. Sec. 19. All vacancies occuring in the offices pro- vided'for by this article of the constitution shall be filled as provided by VSw. Sec. 20. The district court shall have original ju- risdiction in all cases, both at law and in equi-ty, and such appellate jurisdiction as may be conferred by law. Sec. 21. The probate cour.ts shall be courts of record, and shall have original jurisdiction in all rtiat- ters of probate, settlement of estates of deceased per- sons, and appointment of guardians; also, jurisdiction to 25 hear and determine all civil cases wherein the debt or damage claimed, does not exceed the sum of five hun- dred dollars, exclusive of interest and concurrent juris- diction with justices of the peace in criminal cases. Sec. 22. In each county of this state there shall be elected justices of 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 juris- diction of any cause wherein the value of the property or the amount in controversy exceeds the sum of three hundred dollars exclusive of interest, nor where the boundaries or title to any real property shall be called into question. Sec. 23. No person shall be eligible to the ofifice 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 preceding his election, nor unless he shall have been at the time of his election, an elector in the judicial district for which he is elected. Sec. 24. Until otherwise provided by law, the ju- dicial districts shall be five in number, and constituted of the following counties, viz: First District, Shoshone and Kootenai. Second District, Latah, Nez Perce, and Idaho. Third district, Washington, Ada, Boise, and Owyhee. Fourth district. Cassia, Elmore, Logan, and Alturas. Fifth district. Bear Lake, Bingham, Oneida, Lemhi, and Custer. Sec. 25. The judges of the district court shall, on or before the first day of July in each year, report in w/iting to the justices of the supreme court, such de- fects or omissions in the laws as their knowledge and experience may suggest, and the justices of the supreme court shall, on or before the first day of December of each year, report in writing to the governor, to be by him transmitted to. the legislature, together with his message, such defects, and omissions in the constitution and laws as they may find to exist. 26 Sec. 26. All laws relating to courts shall be gen- eral and of uniform operation throughout the state, and the organized judicial powers, proceedings and prac- tices of all the courts of the same class or grade, so far as regulated by law, and the force and effect of the pro- ceedings, judgments and decrees of such courts, sever- ally, shall be uniform. Sec. 27. The legislature may, by law, diminish or increase the compensation of any or all the following officers, to wit: Governor, lieutenant governor, secre- tary of state, state auditor, state treasurer, attorney general, superintendent of public instruction, commis- sioner of immigration and labor, justices of the supreme court and judges of the district courts and district attor- neys; 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 payment of actual and necessary ex- penses of the governor, secretary of state, attorney gen- eral, and superintendent of public instruction incurred while in the performance of official duty. * ARTICLE VI. SUFFRAGE AND ELECTIONS. Section, i. All elections by the people must be by ballot. An absolutely secret ballot is hereby guaran- teed, and it shall be the duty of the legislature to enact such laws as shall carry this section into effect. Sec. 2. Except as in this article otherwise pro- vided, every male and female citizen of the United States, twenty-one years old, who has actually resided in this state or territory for six months, aind in the county, where he or she offers to vote, thirty days next preceding the day of election, if registered as provided by law, is a qualified elector; and until otherwise provided by the legislature, women who have the qual- ifications prescribed in this article may continue to hold 27 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 con- victed of treason, felony, embezzlement of the public funds, bartering or selling, or offering to barter or sell his vote, or purchasing, or offering to purchase 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 polyga- mist, or is living in what is known as a patriarchal, plural or celestial marriage, or in violation of any law of this state, or of the United States, forbiding any such crime; or who in any manner, teaches, advises, counsels, aids or encourages any person to enter into bigamy, polygamy, or such patriarchal, plural or celestial mar- riage, or to live in violation of any such law, or to com- mit any such crime; or who is a member of, or contrib- utes to the support, aid, or encouragement of, any order, organization, association, corporation, or society, which teaches, advises, counsels, encourages or aids any per- son to enter into bigamy, polygamy or such patriarchal or plural marriage, 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 civiliza- tion, either vote or serve as jurors, or hold any civil office. Sec. 4. The legislature may prescribe qualifica- tions, limitations and conditions for the right of suffrage, additional to those prescribed in this article, but shall never annul any of the provisions in this article con- tained. Sec. 5. For the purpose of voting, no person shall 28 be deemed to have gained or lost a residence by reason of his presence or absence while employed in the ser- vice of this state, or of the United States, nor while en- gaged 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 i. The fiscal year shall commence on the second Monday in January in each year, unless other- wise provided by law. Sec. 2. The legislature shall provide such revenue as may be needful, by levying a tax by valuation, so that every person or corporation shall pay a tax in pro- portion to the value of his, her, or its property, except as in this article hereinafter otherwise provided. The legislature may also impose a license tax, (both upon natural persons and upon corporations, other than mu- nicipal, doing business in this state) ; also a per capita tax: Provided, The legislature may exempt a limited amount of improvements upon land, from taxation. Sec. 3. The word "property" as herein used, shall be defined and classified by law. Sec. 4. The property of the United States, the state, counties, towns, cities, and other municipal corpo- rations and public libraries, shall be exempt from tax- ation. Sec. 5, All taxes shall be uniform upon the same class of subjects within the territorial limits, of the au- thority levying the tax, and shall be levied and collected under general laws, which shall prescribe such regula- tions as shall secure a just valuation for taxation of all property, real and personal: Provided, That the legis- lature may allow such exemptions from taxation from time to time as shall seem necessary and just, and all 29 existing exemptions provided by the laws of the terri- tory, shall continue until changed by the legislature of the state: Provided fivrther, That duplicate taxation of property for the same purpose during the same year, is hereby prohibited. Sec. 6. The legislature shall not impose taxes for the purpose of any county, city, town, or other munic- ipal corporation, but may by law invest in the corporate authorities thereof, respectively, the power to assess and collect taxes for all purposes of such corporation. Sec. 7. All taxes levied for state purposes shall be paid into the state treasury, and no county, city^ town, or other municipal corporation, the inhabitants thereof, nor the property therein, shall be released or discharged from their or its prpportionate share of taxes to be levied for state purposes. Sec. 8. The power to tax corporations or corpo- rate property, both real and personal, shall never be re- linquished or suspended, and all corporations in this state or doing business therein, shall be subject to tax- ation for state, county, school, municipal, and other pur- poses, 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. 9. The rate of taxation of real and personal property for state purposes, shall never exceed ten (10) mills on each dollar of assessed valuation; and if the taxable property in the state shall amount to fifty mil- lion (50,000,000) dollars, the rate shall not exceed five (5) mills on each dollar of valuation; and whenever the taxable property in the state shall amount to one hun- dred million (100,000,000) dollars, the rate shall not ex- ceed three (3) mills on each dollar of valuation; and whenever the taxable property of the state shall amount to three hundred million (300,000,000) dollars, the rate shall never thereafter exceed one and one-half i}]/^) mills on each dollar of valuation, unless a propo- sition 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 for and against it at such election. Sec. io. The making of profit, directly or indi- rectly, out of state, county, city, town, township or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deem- ed a felony, and shall be punished as provided by law. Sec. II. No appropriation shall be made, nor any expenditure authorized by the legislature, whereby the expenditure of the state, during any fiscal year shall ex- ceed the total tax then provided for by law, and appli- cable 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 appropri- ation or expenditure within such fiscal year. This pro- vision shall not apply to appropriations or expenditures to suppress insurrection, defend the state, or assist in defending the United States in time of war. Sec. 12. There shall be a state board of equaliza- tion, consisting of the governor, secretary of state, attor- ney general, state auditor, and state treasurer, whose duties shall be prescribed by law. The board of county commissioners for the several counties of the state, shall constitute boards of equalization for their respective counties, whose duties it shall be to equalize the valua- ti©n of the taxable property in the county, under such rples and regulations as shall be prescribed by law. Sec. 13. No money shall be drawn from the treas- ury, but in pursuance of appropriations made by law. If;; Sec. 14. No money shall be drawn from the county treasuries except upon the warrant of a duly authorized officer, in such manner and form as shall be prescribed by the legislature. Sec. 15. The legislature shall provide by law, such 31 a system of county finance, as shall cause the business of the several counties to be conducted on a cash basis. It shall also provide that whenever any county shall have any warrants outstanding and unpaid for the pay- ment of which there are no funds in the county treasury, the county commissioners, in addition to other taxes provided by law, shall levy a special tax not to exceed ten (lo) mills on the dollar, of taxable property, as shown by the last preceding assessment, 'for the creation of a special fund for the redemption of said warrants; and after the levy of such special tax, all warrants issued before such levy, shall be paid exclusively out of said fund. All moneys in the county treasury at the end of each fiscal year, not needed for current expenses, shall be transferred to said redemption fund. Sec. i6. The legislature shall pass all laws neces- sary to carry out the provisions of this article. ARTICLE VIII. PUBLIC indp:btedness and subsidies. Section i. The legislature shall not in any man- ner create any debt or debts, liability or liabilities, which shall singly or in the aggregate, exclusive of the debt of the territory at the date of its admission as a state, ex- ceed the sum of one and one-half per centum upon the assessed value of the taxable property in ihe state, except in case of war, to repel an invasion or suppress insurrection, unless the same shall be authorized by law for some single object or work to be distinctly specified therein, which law shall provide' ways and means, ex- clusive of loans, for the payment of the interest of such debt or liability, as it falls due; and also for the pay- ment and discharge of the principal of such debt or liability, within twenty years of the time of the contract- ing thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until at a general election 32 it shall have been submitted to the people, and shall have received a majority of all votes cast for and against it at such election; arid all moneys raised by the authority of such law, shall be applied only to the specific 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 to be submitted to the people. The legislature may, at any time after the approval of such law, by the people, if no debt shall have been contracted in pursu- ance 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 indi- vidual, association, municipality or corporation; nor shall the state directly or indirectly, become a stock- holder in any association or corporation. Sec. 3. No county, city, town, township, board of education, or school district, or other subdivision 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, with- out 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 indebtedness, 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 contracting the same. Any indebtedness or liability incurred contrary to this provision shall be void: PTOTided , That this section snail 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, township, board of education, or school district, or other subdivision, shall 33 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. EDUCATION AND SCHOOL LANDS. Section i. The stability of a republican form of government depending mainly upon 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 supervision of the public schools of the state shall be vested in a board of educa- tion, whose powers and duties shall be prescribed by law; the superintendent of public instruction, the secre- tary of state, and attorney general shall constitute the board of which the superintendent of public instruction shall be president. Sec. 3. The public school fund of the state shall forever remain inviolate and intact; the interest thereon only shall be expended in the maintenance of the schools of the state, and shall be distributed among the several counties and school districts of the state in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred 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 be securely and profitably invested as may be by law directed. The state shall supply all loses 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 government, known as school lands, and those granted in lieu of such; lands acquired by gift or 34 grant from any person or corporation under any law or grant of the general government; and of all other grants of land or money made to the state from the general government for general educational purposes, or where no other special purpose 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 incorporated under the laws of the state; and all other grants, gifts, devises or bequests made to the state for general educational purposes. Sec. 5. Neither the legislature nor any county, city, town, township, school district or other public cor- poration, shall ever make any appropriation or pay from any public fund or moneys whatever, anything in aid of any church or sectarian, or religious society, or for any sectarian or religious purpose, or to help support or sustain any school, academy, seminary, college, univer- sity or other literary or scientific institution, controlled by any church, sectarian or religious denomination what- soever; nor shall any grant or donation of land, money or other personal property ever be made by the state or any such public corporation, to any church or for any sectarian or religious purpose. Sec. 6. No religious test or qualification shall ever he 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 par- ticipate in any religious service whatever. No sectarian or religious tenets or doctrinesshall ever be taught in the public schools, nor shall any distinction or classifica- tion of pupils be made on account of race or color. No books, papers, tracts or documents of a political, sec- tarian or denominational character shall be used or introduced in any schools established under the provis- ions 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 provision* of this article. 35 Sec. 7. The governor, superintendent of public in- struction, secretary of state and attorney general, shall constitute the state board of land commissioners, who shall have the direction, control and disposition of the public lands of the state, under such regulations 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, protec- tion, sale or rental of all the lands heretofore, or which may hereafter be granted to the state by the general government, under such regulations as may be pre- scribed by law, in such a manner as will secure the maximum possible amount therefor: Provided, That no school lands shall be sold for less than ten (10) dol- lars per acre. No law shall ever be passed by the legis- lature granting any privileges to the persons who may have settled upon any such public lands, subsequent to the surve> thereof by the general government, by which the amount to be derived by the sale or other disposi- tions of such lands, shall be diminished, directly or indirectly. The legislature shall at the earliest practi- cable period, provide by law that the general grants of lands made by congress to the state, shall be judiciously located and carefully preserved and held in trust, sub- ject to disposal at public auction for the use and benefits of the respective objects for which said grants of land were made, and the legislature shall provide for the sale of said lands from time to time and for the sale of tim- ber on said state lands and for the faithful application of the proceeds thereof in accordance with the terms of said grants; Provided, That not to exceed twenty- five sections of school land shall be sold in any one year, and to be sold in subdivisions of not to exceed one hundred and sixty (t6o) acres to any one individual, company or corporation. Sec. q. The legislature, may require by law, that every child of sufficient mental and physical ability, shall attend the public school throughout the period 36 between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. Sec. 10. The location of the university of Idaho, as established by existing laws, is hereby confirmed. All the rights, immunities, franchises and endowments heretofore granted thereto by the territory of Idaho are hereby perpetuated unto the said university. The re- gents shall have the general supervision of the univer- sity, and the control and direction of all the funds of, and appropriations to, the university, under such regula- tions as may be prescribed by law. No university lands shall be sold for less than ten dollars per acre, and in subdivisions not to exceed one hundred and sixty acres, to any one person, company or corporation. Sec. ri. The permanent educational funds, other than funds arising from the disposition of university lands belonging to the state, shall be loaned on first mortgage on improved farm lands within the state; state, United States, or school district bonds, or .state warrants under such regulations as the legislature may provide; Provided, That no loans shall be made of any amount of money exceeding one-third of the market value of the lands at the time of the loan, exclusive of buildings. ARTICLE X. PUBLIC INSTITUTIONS. Section, i. Educational, reformatory and penal institutions, 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 sup- ported by the state in such manner as may be prescribed 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 37 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 qualified voters of the state at the general election, then next ensuing and a majority of all the votes upon said ques- tion cast at said election shall be necessary to determine the location thereof. Said legislature shall also provide that in case there shall be no choice of location 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 terri- tory, shall, upon adoption of the constitution become the property and institutions of the state of Idaho. Sec. 5. The governor, secretary of state and at- torney general shall constitute a board, to be known as the state prison commissioners, and shall have the con- trol 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 approval 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 con- trol,, direction and management of the said asylums under such regulations as the legislature may 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 i of this article. 38 ARTICLE XI. CORPORATIONS, TUBLIC AND PRIVATE. Section i. All existing charters or grants of special or exclusive privileges, under which the corporations or grantees shall not have organized or commenced busi- ness in good faith at the time of the adoption of this constitution, shall thereafter have no validity. Sec. 2. No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are or maybe, under the control of the state; but the legislature shall provide by general law for the organization of corporations here- after to be created; Provided, That any such general law shall be subject to future repeal or alteration by the legislature. Sec. 3. The legislature may provide by law for altering, revoking or annulling, any charter of incorpo- ration, existing and revocable at the time of the adop- tion of this constitution, in such manner, however, that no injustice shall be done to the corporators. Sec. 4. The legislature shall provide by law that in all elections for'directors or managers of incorporated companies, every stockholder shall have the right to vote in person or by proxy for the number of'shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and to give one candidate as many votes as the number of directors, multiplied by the number of his shares of stock, shall equal, or to distribute them, on the same principle, among as many candidates as he shall think fit, and such directors shall not be elected in any other manner. Sec. 5. All railroads shall be public highways, and all railroad, transportation and express companies shall 39 be common carriers, and subject to legislative control, and the legislature shall have power to regulate and control by law, the rates of charges for the transporta- tion of passengers and freight by such companies or other common carriers, from one point to another in the state. Any association or corporation organized for the purpose, shall have the right to construct and operate 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. Every railroad company shall have the right with its road, to intersect, connect with, or cross any other railroad, under such regulations as may be prescribed by law, and upon mak- ing due compensation. Sec 6. All individuals, associations, and corpora- tions, similarly situated, shall have equal rights to have persons or property transported on and over any rail- road, transportation, or express route in this state, ex- cept that preference may be given to perishable prop- erty. No undue or unreasonable discrimination shall be made in charge? or facilities for transportation 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 commuta- tion tickets may be issued and sold at special rates, pro- vided such rates are the same to all persons. No rail- road or transportation, or express company shall be allowed to charge, collect, or receive, under penalties which the legislature shall prescribe, any greater charge or toll for the transportation 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 sta- tion^'upon its route or line within this state. No rail- road, express, or transportation company, nor any lessee, manager, or other employee thereof, shall give any preference to any individual, association, or corpo- ration, in furnishing cars or motive power, or for the 40 transportation of money or other express matter. Sec. 7. No corporation other than municipal cor- porations 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 sec- retary of state an acceptance of the provisions of this constitution in binding form. Sec. 8. The right of eminent domain shall never be abridged; nor so construed as to prevent the legis- lature from taking the property and franchise of incor- porated companies, and subjecting them to public use the same as property of 'individuals; and the police powers of the state shall never be abridged, or so con- strued as to permit corporations to conduct their busi- ness in such manner as to infringe the equal rights of individuals, or the general well being of the state. Sec. q. No corporation shall issue stocks or bonds, except for labor done, services performed, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock of cor- porations shall not be increased except 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 pursuance of law. Sec. 10. No foreign corporation shall do any busi- ness in this state without having one or more known places of business, and, an authorized agent or agents in the same, upon whom process maybe served: and no company or corporation formed under the laws of any other country, state or territory, shall have or be allow- ed to exercise or enjoy, within this state, any greater rights or privileges than those possessed or enjoyed by corporations of the same or similar character created under the laws of this state. Sec. II. No street, or other railroad, shall be con- structed within any city, town, or incorporated village, without the consent of the local authorities having the 41 control of the street or highway proposed to be occu- pied by such street or other railroad. Sec. 12. The legislature shall pass no law for the benefit of a railroad, or other corporation, or any indi- vidual, or association of individuals retroactive in its operation, or which imposes on the people of any county or municipal subdivision of the state, a new liability in respect to transactions or considerations already past. Sec. 13. Any association or corporation, or the lessees or managers thereof organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph or telephone within this state, and connect the same with other lines; and the legislature shall by general law of uniform operation, provide reasonable regulations to give full effect to this section. Sec. 14. If any railroad, telegraph, express, or other corporation, organized under any of the laws of this sfate, shall consolidate by sale or otherwise, with any railroad, 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 corporation, but the courts of this state shall retain jurisdiction over that part of the corporate property within the limits of the state in all matters that may arise, as if said consolidation had not taken place. Sec. 15. The legislature shall not pass any law permitting the leasing or alienation of any franchise so as to release or relieve the franchise or property held thereunder from any of the liabilities of the lessor or grantor, or lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges. . Sec 16. The term "corporation as used in this article shall be held and construed to include all asso- ciation's and joint stock companies, having or exercising any of the oowers or privileges of corporations not pos- sessed by individuals or partnerships. 42 1 Sec. 17. Dues from private corporations shall be. secured by such means as may be prescribed by law, but in no case shall any "stockholder be individually liable in any amount over or above the amount of stock owned by him. Sec. 18. That no incorporated company or any association of persons or stock company in the state of Idaho, shall directly or indirectly combine or make any contract with any other incorporated company, foreign or domestic, through their stockholders or the trustees or assignees of such stockholders, or in any matter whatsoever, for the purpose of fixing the price or regu- lating the production of any article of commerce or of produce of the soil, or of consumption by the people; and that the legislature be required to pass laws for the enforcement thereof, by adequate penalties, to the ex- tent, if necessary for that purpose, of the forfeiture of their property and franchise. ARTICLE XII. CORPORATIONS — MUNICIPAL. Section, i. The legislature shall provide by gen- eral laws for the incorporation, organization and class- ification of the cities and towns in proportion to the population, which laws may be altered, amended or re- pealed by the general laws. Cities and towns hereto- fore incorporated, may become organized under such general laws, whenever a majority of the electors at a general election, shall so determine, under such pro- vision therefor as may be made by the legislature. Sec. 2. Any county or incorporated city or town may make and enforce, within its limits, all such local, police, sanitary, and other regulations as are not in con- flict with its charter or with the general laws. Sec. 3. The state shall never assume the debts of any county, town or other municipal corporation, unless such debts shall have been created to repel invasion, suppress insurrection or defend the state in war. 43 Sec. 4. No county, town, city or other municipal corporation, by vote of its citizens or otherwise, shall ever become a stockholder in any joint stock company, corporation or association whatever, or raise money for, or make donation or loan its credit to, or in aid of, any such company or association: Provided, That cities and towns may contract indebtedness for school, water, sanitary and illuminating purposes: Provided, That any city or town contracting such indebtedness shall own its own proportion of the property thus created, and receive from any income arising therefrom, its pro- portion to the whole amount so invested. ARTICLE XIII. IMMIGRATION AND LABOR. Section, i. There shall be established a bureau of immigration, labor and statistics, which shall be under the charge of a commissioner of immigration, labor and statistics, who shall be appointed by the governor, by and with the consent of the senate. The commissioner shall hold his office for two years, and until his suc- cessor shall have been appointed and qualified unless sooner removed. The commissioner shall collect infor- mation upon the subject of labor, its 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 commis- sioner shall annually make a report in writing to the governor of the state of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the bureau. Sec. 2. Not more than eight (8) hours' actual work shall constitute a lawful day's work on all state and mu- nicipal works. Sec. 3. All labor of convicts, confined in the state's prison, shall be done within the prison grounds, except 44 where the work is done on public works under the di- -ect control of the state. Sec. 4. The employment of children under the age of fourteen (14) years in underground mines is prohib- ited. Sec. 5. No person, not a citizen of the United States or who has not declared his intention to become such, shall be employed upon, or in connection with, any state or municipal works. Sec. 6. The legislature shall provide by proper legislation for giving to mechanics, laborers and ma- terial men an adequate lien on the subject matter of their labor. Sec. 7. The legislature may establish boards of arbitration whose duty it shall be to hear and determine all differences and 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 witnesses, and com- pelling their attendance, preserving order during the sittings of the board, punishing for contempt, and re- quiring the production of papers and writings, 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 statistics, shall perform such duties and receive such compensation as may be prescribed by law. ARTICLE X\y. MILITIA. Section i. 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 stich 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 45 peace. Every person claiming such exemption from service, shall, in lieu thereof, pay into the school fund of the county of which he may be a resident, an equivalent in money; the amount and manner of payment to be fixed by law. Sec. 2. The legislature shall provide by law for the enrollment, equiprhent 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 encouragement. 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 commission 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 preserved 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 pro- vide by law for the safe keeping of the same. Sec. 5. All military organizations under the laws of this state, shall carry no other device, banner or flag, than that of the United States or the state of Idaho. Sec. 6. No armed police force, or detective agency, or armed body of men, shall ever be brought into this state for suppression of domestic violence, except upon the application of the legislature, or the executive when the legislature can not be convened. ARTICLE XV. water rights. Section i. The use of all waters now appropriated, or that may hereafter be appropriated for sale, rental or distribution; also of all water originally appropriated for private use, but which after such appropriation has heretofore been, or may hereafter be sold, rented, or 46 distributed, is hereby declared to be a public 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 district, or the inhabitants thereof, is a franchise, and can not be exercised except by authority of and in the manner prescribed by law. Sec. 3. The right to divert and appropriate the un- appropriated waters of any natural stream to beneficial 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 sufficient for the service of all those desiring the use of the same, those using the water for domestic pur- poses shall (subject to such limitations as may be pre- scribed by law) have the preference over those claiming for any other purpose. And those using the water for agricultural purposes shall have preference over those using the'same for manufacturing'] purposes. And in any organized mining district, those using the water for mining purposes, or milling purposes connected with mining, shall have preference over those using the same for manufacturing or agricultural purposes. But the usage by such subsequent appropriations shall be sub- ject to such provisions of law regulating the taking of private property for public and private use, as referred to in section fourteen of article i, of this constitution. Sec. 4. Whenever any waters have been, or shall be appropriated, or used for agricultural purposes, under a sale, rental or distribution thereof, such sale, rental, or distribution shall be deemed an exclusive dedication to such use; and whenever such waters, so dedicated, shall have once been sold, rented or distrib- uted to any person who has settled upon, or improved land for agricultural purposes, with the view of receiv- ing the benefits of such water under such dedication, such person, his heirs, executors, administrators, sue- 47 cessors or assigns, shallnot thereafter, without his con- sent, be deprived of the annual use of the same, when needed for domestic purposes, or to irrigate the land so settled upon or improved, upon payment therefor, and compliance with such equitable terms and conditions as to the quantity used and times of use, as may be pre- scribed by law. Sec. 5. Whenever more than one person has set- tled upon, or improved land with the view of receiving water for agricultural purposes, under a sale, rental or distribution 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 settlements or im- provements; 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 used, and times of use, as the legislature, hav- ing due regard, both to such priority of right, and the necessities of those subsequent in time of settlement or improvement, may by law prescribe. Sec. 6. The legislature shall provide by law, the manner in which reasonable maximum rates may be es- tablished to be charged for the use of water, sold, rented, or distributed, for any useful or beneficial purpose. ARTICLE XVI. LIVE STOCK. Section i. The legislature shall pass all necessary laws to provide for the protection of live stock against the introduction or spread of pleuro-pneumonia, gland- ers, splenetic, or Texas fever, and other infectious or contagious diseases. The legislature may also establish a system of quarantine or inspection, and such other regulations as may be necessary for the protection of stock owners and most conducive to the stock interests within the state. 48 ARTICLE XV.1I. STATE BOUNDARIES. Section i. The name of this state is Idaho, and its boundaries are as follows: Beginning at a point in the middle channel of the Snake river where the north- ern boundary of Oregon intersects the same; then fol- low down the channel of Snake river to a point opposite the mouth of Kooskooskia or Clearwater river; thence due north to the forty-ninth parallel of latitude; thence east, along that parallel to the thirty-ninth degree of longitude west of Washington; thence south along that degree of longitude to the crest of the Bitter Root mountains; thence southward along the crest of the Bitter Root mountains till its intersection with the Rocky 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 west along that parallel to the eastern boundary of the State of Oregon; thence north along that boundary, to the place of beginning. ARTICLE XVIII. county organization. Section i. The several counties of the Territory of Idaho, as they now exist, are hereby recognized as legal subdivisions of this state. Sec. 2. No county seat shall be removed unless upon petition of a majority of the qualified electors of the county, and unless two-thirds of the qualified elec- tors of the county, voting on the proposition at a gen- eral election, shall vote in favor of such removal. A proposition of removal of the county seat shall not be submitted in the same county more than once in six years; except as provided by existing laws. "No per- 49 son shall vote at any county seat election, who has not resided in the county six months, and in the precinct ninety days." Sec. 3. No county shall be divided unless a ma- jority of the qualified electors of the territory proposed to be cut off, voting on the proposition at a general election, shall 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 pro- posed to be annexed. When any part of a county is stricken off and attached to another county, the part stricken off shall be held to pay its rata;ble proportion of all then existing liabilities of the county from which it is taken. Sec. 4. No new counties shall be established which shall reduce any county to an area of less than four hundred square miles, nor the valuation of its tax- able property to less than one million dollars. Nor shall any new county be formed, which shall have an area of less than four hundred square miles, and tax- able proporty of less than one million dollars, as shown by the last previous assessment. Sec. 5. The legislature shall establish, subject to the provisions of this article, a system of county gov- ernments, which shall be uniform throughout the state; and by general laws shall provide for township or pre- cinct organizations. Sec. 6. The legislature, by general and uniform laws shall provide for the election biennially in each of the several counties of the state, of county commission- ers, a sheriff, a county treasurer who is ex-officio public administrator, a probate judge, a county superintendent of public instruction, a county assessor who is ex-officio tax collector, a coroner and surveyor. The clerk of the district court shall be ex-officio auditor and re- corder. No other county offices shall be established, but the legislature by general and uniform laws shall 50 provide for such township, precinct and municipal of- ficers as public convenience may require, and shall pre- scribe their duties, and fix their terms of office. The legislature shall provide for the strict accountabilit)' of county, township, precinct and municipal officers for all fees which may be collected by them,' and for all public and municipal monies which may be paid to them, or officially come into' their possession. The county com- missioners may employ counsel when necessary. The sheriff, auditor and recorder, and clerk of the district court shall be empowered by the county commissioners to appoint such deputies and clerical assistance as the business of their office may require, said deputies and clerical assistants to receive -such compensation as may be fixed by the county commissioners. No sheriff or county assessor shall be qualified to hold the term of of- fice immediately succeeding the term for which he was elected. The salary and qualifications of the county superintendent shall be fixed by law. Sec. 7. All county officers, and deputies when al- lowed, shall receive, as full compensation for their ser- vices, fixed annual salaries, to be paid quarterly out of the county treasury, as other expenses are paid. All actual and necessary expenses, . incurred by any county officer or deputy, in the performance of his of- ficial duties, shall be a legal charge against the county, and may be retained by him out of any fees, which may come into his hnnds. All fees, which may come into his hands from whatever source, over and above his actual and necessary expenses, shall be turned into a county treasury at the end of each quarter. He shall, at the end of each quarter, file with the clerk of the board of county commissioners, a sworn statement, ac- companied by proper vouchers, showing all expenses incurred and all fees received, which must be audited by the board as other accounts. Sec. 8. The compensation provided in section seven (7) for the officers therein mentioned, shall be 51 paid by fees or commissions, or both, as prescribed by law. All fees and commissions received by such officers in excess of the maximum compensation per annum provided for each in section seven (7) of this article, shall be paid to the county treasurer, for the use and l)enefit of the county. In case the fees received in any one year by any one such officers, shall not amount to the minimum compensation per annum therein pro- vided, he shall be paid by the county, a sum sufficient to make his aggregate annual compensation equal to such minimum compensation. Sec. 9. The neglect or refusal, of any coujity of- ficer or deputy to "account for and pay into the county treasury, any money received, as fees or compensation, in excess of his actual and necessary expenses, incurred in the performance of his official duties, within ten days after his quarterly settlement with the county, shall be a felony, and the grade of the crime shall be embezzle- ment of public funds, and be punishable as provided for such offenses. Sec. 10. The board of county commissioners shall consist of three members, whose term of office shall be two years. , Sec. II. County, township, and precinct officers shall perform such duties as shall be prescribed by law. ARTICLE XIX. APPORTIONMENT. Section i. Until otherwise provided by law, the apportionment of the two houses of the legislature shall be as follows: The first senatorial district 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. 52 The fourth shall consist of the counties of Nez Perce 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 Logan, 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, Onedia and Bingham, and shall elect one sen- ator. The twelfth shall consist of the counties of Owyhee and Cassia, and shall elect one senator. The thirteenth shall consist of the county of Elmore, and shall elect one senator. The fourteenth shall consist of the county of Al- turas, and shall elect one senator. The fifteenth shall consist of the county of Ada, and shall elect one senator. The sixteenth shall consist of the county of Washing- ton, and elect one senator. Sec. 2. The several counties shall elect the fol- lowing members to 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. The county of Bear Lake, one meniber. The county of Bingham, three members. The county of Cassia, one member. The county of Custer, two members. The county of Elmore, one member. 53 The county of Idaho, one member. The counties of Idaho and Nez Perce, one member. The county of Kootenai, one member. The county of Latah, two members. The counties of Kootenai and Latah, one member. The county of Logan, two members. The county of Lemhi, two members. The county of Nez Perce, one member. The county of Oneida, one member, The county of Owyhee, one member. The county of Shoshone, four members. The county of Washington, two members. The counties of Bingham, Logan and Alturas, one member. ARTICLE XX. AMENDMENTS. Section i. Any amendment or amendments to this constitution may be proposed in either branch of the legislature, and, if the same shall be agreed to by two-thirds of all the members of each of the two houses, voting separately, such proposed amendment or amend- ments shall, with the yeas and nays, thereon, be enter- ed on their journals, and it shall be the duty of the leg- islature to submit such amendment or amendments to the electors of the state, at the next general eleetion, and cause the same to be published without delay for at least six consecutive weeks, prior to said election, in not less than one newspaper of general circulation, published in each county; and if a majority of the elec- tors shall ratify the same, such amendment or amend- ments shall become a part of this constitution. Sce. 2. If two or more amendments are proposed, they shall be submitted in such manner that the elec- tors shall vote for or against each of them separately. Sec. 3. Whenever two-thirds of the members elec- ted to each branch of the legislature shall deem it necessary to call a convention to revise or amend this 54 constitution, they shall recommend to the electors to vote at the next general election, for or against a con- vention, and if a majority of all the electors voting at said. election shall have voted for a convention, the leg- islature shall at the next session provide by law for cal- ling the same; and such convention shall consist of a number of members, not less than double the number of the most numerous branch of the legislature. Sec. 4. Any constitution adopted by such conven- tion, shall have no validity until it has been submitted to, and adopted by, the people. ARTICLE XXI. SCHEDULE AND ORDIANCE. Section i. 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, claims, liabilities, and obligations against the territory of Idaho, of whatsoever nature, and rights of individuals, and of bodies corporate, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judical department under this constitution, be is- sued 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 repugnant 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 es- cheats accruing to the territory of Idaho, shall accrue to the use of the state. Sec. 4. All recognizances, bonds obligations, or other undertakings 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 55 executed by this territory, or to any other officer in his official capacity, shall pass over to the proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen, or which may arise be- fore the organization of the judicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the state. Sec. 5. All officers, civil and military, now hold- ing their offices and appointments in this territory un- der the authority of the United States, or under the authority of this territory, shall continue to hold and exercise their respective offices and appointments until suspended under this constitution. Sec. 6. This constitution shall be submitted for adoption or rejection, to a vote of the electors, qualified by the laws of this territory 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 general elec- tion, and the returns thereof shall be made and canvas- sed in the same manner and by the same authority as provided in cases of such general elections, and ab- stracts of such returns duly certified, shall be transmit- ted to the board of canvassers now provided by law for canvassing the returns of votes for delegates in con- gress. The said canvassing board shall canvass 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 delegates. At the said election, the ballots shall be m the fol- lowing form; for the constitution-yes; no And as a heading to each of said ballots shall, be printed on each ballot, the following instructions to voters: 56 All persons who desire to vote for the constitution, or any of the articles submitted to a separate vote, may erase the word "no." A14 persons who desire to vote against the constitu- tion, or against any article submitted separately, may erase the word "yes." Any person may have printed or written on his bal- lot only the words "For the constitution," or "Against the constitution," and such ballots shall be counted for or against the constitution 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 a 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 his absence or failure to act, the president of this convention, shall issue a proclama- tion, which shall be published, and a copy thereof mail- ed to the chairman of the board of county commission- ers of each county, calling an election by the people of all the state, district, county, township, and other of- ficers, 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. q. The board of commissioners of the sever- al counties shall thereupon order such election for said day, and shall cause notice thereof to be given, in the manner and for the length of time provided by the laws of the territory in cases of general elections for delegate to congress, 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 general elections, and returns thereof shall be made 57 and canvassed in the same manner, and by the same authority as provided in cases of such general elections but returns for all state and district officers and mem- bers of the legislature, shall be made to the canvassing board hereinafter provided for. Sec. io. 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 canvassing the vote for delegate to congress, and they shall issue certificates of election to the persons found to be elected to said offices severally, and shall make and file with the secretary of the terri- tory, 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. II. The canvassing board of the several counties shall issue certificates of election to the several persons found by them to have been elected to the sev- eral county and precinct offices. Sec. 12. All officers elected at such election, shall within thirty days after they have been declared elect- ed, take the oath required by this constitution, and give the same bond required by the law of the territory to be given in case of like officers of the territory, dis- trict or county, and shall thereupon enter upon the duties of their respective offices; but the legislature may require by law all such officers to give other or further bonds as a condition of their continuance in office. Sec. 13. All officers elected at said election, shall hold their offices until the legislature shall provide by 58 law, in accordance with this constitution, for the elec- tion of their successors, and until such successors shall be elected and qualified. Sec. 14. The governor-elect of tbe state, immedi- ately upon his qualifying and entering 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 proclamation, 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, both 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 persons who shall receive the majority of all the votes cast by said senators and representatives, shall be elected as such United States senators, and shall be so declared by the presiding- officers of such joint session. The pre- siding officers of the senate and house, shall issue a certificate to each of said senators, certifying his elec- tion, which certificate shall also be signed -by the gover- or and attested by the secretary of state. Sec. 15. The, legislature shall pass ail necessary laws to carry into effect the provisions of this constitu- tion. Sec. 16. Whenever any two of the judges of the supreme court of the state, elected under the provisions of this constitution, shall have qualified in their offices, the causes then pending in thesupreme court of the ter- ritory, and the papers, records, and proceedings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the su- preme court of the state; and until so superceded, the supreme court of the territory and the judges thereof shall continue, with like powers and jurisdictions, as if this constitution had not been adopted. Whenever the judges of the district court of any district, elected under 5he provisions of this constitution, shall have qualified in 59 office, the several causes then pending in the district court of the territory, within any county in such district and the records, papers, and proceedings of said district court, and the seal and other property pertaining there- to, shall pass into the jurisdiction and possession of the district court of the state for such county; and until the district court of this territory shall be superceded in 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 district re- spectively, 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 administration 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 secur- ed, and no inhabitant of said state shall ever be molest- ed in person or property 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 ly- ing within said limits, owned or held by any Indians or Indian tribes; and until the titlethereto shall have been extinguished by the United States, the same shall be 6o subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdic- tion arid control of the congress of the United States;, that the lands belonging to the citizens of the United States, residing without the State of Idaho, shall never be faxed at a higher rate than the lands belonging 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 territory shall be assumed and paid by the State of Idaho. This ordinance shall be irrevocable, without the consent of the United States and the peo- ple of the State of Idaho. Sec. 20. That in behalf of the people of Idaho, we, in convention assembled, do adopt the constitution of the United States. Done in open convention at Boise City, in the terri- tory of Idaho, this sixth day of August, in the year of our Lord, one thousand eight hundred and eighty-nine. Wm. H. Clagett, Presf. H. S. Hampton. Geo. Ainslie. .W. C. B. Allen. Rob't. Anderson. H. Armstrong. Orlando B. Batten. Frank W. Bean. J as. H. Beatty. J. W. Ballentine. A. D. Bevan Henry B. Blake. Frederick Campbell. Frank P. Cavanah. A. S. Chaney. Chas. a. Clark. i. n. coston. Jas. I. Crutcher. Stephen S. Glidden. H. O. Harkness. Frank Harris. Sol. Hasbrouck. C. M. Hays. W. B. Heyburn. John Hogan. J. M. Howe. E. S. Jewell. G. W. King. H. B. Kinport. Jas. W. Lamoreaux. John Lewis. Wm. C. Maxey. A. E. Mayhew. W. J. McConnell. Henery Melder. John H. Myer. John S. Gray. Wm. W. Hammejl. Aaron F. Parker. A. J. Pierce. A. J. PiNKHAM. J. W. POE. Thos. Pyeatt. Jas. W. Reid. W. D. ROBBINS. Wm. H. Savidge. Aug. N. Sinnott. James M. Shoup. Drew W. Standrod. Frank Steunenberg. Homer Stull. 6i John T. Morgan, A. B. Moss. 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. PI J. Pefley. APPENDIX. • THE ORIGINAL SECTIONS OF THE CONSTITUTION AS f'ASSED. ARTICLE V. Sec. i8. A district attorney shall be elected for each judicial district by the qualified electors thereof, who shall hold ofifice for the term of four years, and perform 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 receive as compensa- tion for his services, twenty-five hundred dollars per an- num. See page 24 for amended section. ARTICLE VI. Sec. 2. Except as in this article otherwise pro- vided, every male citizen of the United States, twenty- one years old, who has actually resided in the state or 62 territory for six months, and in the county where he offers to vote, thirty days, laext preceding the day of election, if registered as provided by law, is a qualified elector; and until otherwise provided by the legislature, women who have the qualifications prescribed' in this article, may continue to hold such school offices and vote at such school elections, as provided by the laws of Idaho territory. See page 26 for amended section. ARTICLE IX. Sec. II. The permanent educational funds, other than funds arising from the disposition of university lands belonging to the state, sh^ll be loaned on first mortgage on improved farm lands within the state, or on state' or United States bonds, under such regulations as the legislature may provide: Provided, That no loan shall be made of any amount of money exceeding one-third of the market value of the lands at the time of the loan, exclusive of the buildings. See page 36 for amended section. ARTICLE XVm. Sec. 4. No new county shall be established which shall, reduce any county to an area of less than four hundred square miles; nor shalla new county be formed containing an area of less than four hundred square miles. Sec. 6. The legislature, by general and uniform laws, shall provide for the election biennially, in each of the several counties of the state, of county commis- sioners, a Sheriff, county treasurer, who is ex-officio pub- lic administrator; probate judge, who is ex-officio county superintendent of public instruction; county assessor, who is ex-officio tax collector; a coroner and a surveyor. The clerk of the district court shall be ex-officio auditor and recorder. No other county offices shall be estab- 63 lished, but the legislature by general and uniform laws, shall provide for the election of such township, precinct and municipal officers as public convenience may re- quire, and shall prescribe their duties and fix their terms of office.. The legislature shall provide for the strict accountability of county, township, precinct and municipal officers for all fees which maybe collected by them, and for all public and municipal moneys which may be paid to them, or officially come into their pos- session. The county commissioners may employ counsel when necessary. The sheriff, auditor and recorder, and clerk of the district court 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 com- missioners. No sheriff or county assessor shall be quali- fied 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 shall receive annually, as compensation for their services as follows: Sheriff, not more than four Thousand dollars, and not less thara one thousand dol- lars, together with such mileage as may be prescribed by law; the clerk ©f the district court, who is ex-officio auditor and recorder, not more than three thousand dollars, and not less than five hundred dollars; probate judge, who is ex-officio county superintendent of public instruction, not more than two thousand dollars, and not less than five hundred dollars; county assessor, who is ex-officio tax collector, not more than three thousand dollars, and not less than five hundred dollars; county treasurer, who is ex-officio public administrator, not more than one thousand dollars, and not less than three hundred dollars; coroner, not more than five hundred dollars; county surveyor, not more than one thousand dollars; county commissioners, such per diem and^mile- age as may be prescribed by law; and justices of the .64 peace and constables, such fees as may be prescribed by law. Sec. q. The neglect or refusal of any officernamed in this article, to account fer and pay into the county treasury any money received as fees or compensation, in excess of the maxium amount allowed to such of- ficer by the provisions of this article, within forty days after the receipt of the same, shall be a felony, and the grade of the crime shall be the embezzlement of public moneys, and be punishable as provided for such offense. See pages 49, 50 and 5 1 for amended sections 4, 6, 7 and 9.