Digitized by the Internet Archive in 2016 https://archive.org/details/constitutionofstOOidah CONSTITUTION OF THE . STATE of IDAHO ADOPTED BY A CONSTITUTIONAL CONVENTION HELD AT BOISE CITY, IN THE TERRITORY OF IDAHO, AUGUST 6, 1889 1909 NEWS PUBLISHING CO., LTD SANDPOINT, IDAHO 34 £, 7 %| I among as many candidates as lie 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 be common carriers, and subject to legislative control, and the legislature shall have the power to regulate and control by law, the rate of charges for the transportation 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 pur- pose, shall have the right to construct and operate a rail- road 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 making due com- pensation. Sec. 6. All individuals, associations and corpora- tions, similarly situated, shall have equal rights to have persons or property transported on and over and rail- road, transportation, or express route in the state, except that preference may be given to perishable property. No undue or unreasonable discrimination shall be made in charges or facilities for transportation of freight or pas- sengers of the same class, by any railroad, or transporta- tion, or express company, between persons or places within the state; but excursion or commutation tickets may be issued and sold at special rates, provided such rates are the same to all persons.' No railroad, or trans- portation, 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 trans- portation of freight or passengers, to any place or sta- tion upon its route or line, than it charges for the trans- portation ot the same class of freight or passengers to CONSTITUTION OF THE STATE OF IDAHO 43 any more distant place or station upon its route or line within this state. No railroad, express, or transporta- tion company, nor any lessee, manager, or other em- ployee thereof, shall give any preference to any in- dividual, association or corporation, in furnishing cars or motive power, or for the transportation of money or other express matter. Sec. 7. No corporation other than municipal corpor- ations in existence at the time of the adoption of this con- stitution, shall have the benefit of any future legislation, without filing in the office of the secretary of state an ac- ceptance of the provisions of this constitution in binding- form. Sec. 8. The right of eminent domain shall never be abridged, or so construed as to prevent the legislature from taking the property and franchise of incorporated 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 construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the state. Sec. 9. 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 corpor- ations shall not be increased except in pursuance of gen- eral 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 may be served, and no com- 44 CONSTITUTION OF THE STATE OF IDAHO pany or corporation formed under the laws of any other country, state or territory, shall have or be allowed to ex- ercise or enjoy, within this state any greater rights or privileges than those possessed or enjoyed by corpora- tions of the same or similar character created under the laws of this state. Sec. 11. Xo street, or other railroad, shall be con- structed within any city, town, or incorporated village, without the consent of the local authorities having the control of the street or highway proposed to be occupied 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 in- dividual 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 rea- sonable 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 state 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 re- tain 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. CONSTITUTION OF THE STATE OF IDAHO 45 mitting the leasing or alienation of any franchise so as to release or relieve the franchise or property held there- under from any of the liabilities of the lessor or grantor, or lessee or grantee, contracted or incurred in the opera- tion, 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 associa- tions and joint stock companies having or exercising any of the powers or privileges of corporations not possessed by individuals or partnerships. Sec. 17. Dues from private corporations shall be se- cured 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 as- sociation of persons or stock company, in the state of Idaho, shall directly or indirectly combine or make any contract with any incorporated company, foreign or domestic, through their stockholders or the trustees or assignees of .such stockholders, or in any manner whatso- ever, for the purpose of fixing the price, or regulating 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 extent, if necessary for that purpose, of the forfeiture of their property and franchise. ARTICLE XII. CORPORATIONS MUNICIPAL. Section 1. The legislature shall provide by general laws for the incorpation, organization and classification of the cities and town, in proportion to the population, which laws may be altered, amended, or repealed by the CONSTITUTION OF THE STATE OF IDAHO 46 general laws. Cities and towns heretofore incorporat- ed, may become organized under such general laws, when- ever a majority of the electors at a general election, shall so determine, under such provisions therefore 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 debt shall have been created to repel invasion, suppress insurrection or defend the state in war. Section 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, sani- tary, and illuminating purposes: Provided , Thaf any city or town contracting such indebtedness shall own its just proportion of the property thus created, and receive from any income arising therefrom, its proportion to the whole amount so invested. ARTICLE XIII. IMMIGRATION AND LABOR. Section 1. 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 successor shall have been appointed and qualified, unless sooner re- moved. The commissioner shall collect information up- CONSTITUTION OF THE STATE OF IDAHO 47 on 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 commissioner shall annually make a report in writing to the governor of the state of the information collected .and collated by him, and con- taining 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 municipal works. Sec. 3. All labor of convicts confined in the state’s prison, shall be done within the prison grounds, except where the work is done on public works under the direct control of the state. Sec. 4. The employment of children under the age of fourteen (14) years in underground mines is prohibited. 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 legis- lation for giving to mechanics, laborers, and material men an adequate lien on the subject matter of their labor. Sec. 7. The legislature may establish boards of arbi- tration, 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 compelling their at- tendance, preserving order during the sittings of the board, punishing for contempt, and requiring the produc- tion of papers and writings, and all other powers and 48 CONSTITUTION OF THE STATE OF IDAHO privileges, in tlieir 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 com- pensation as may be prescribed by law. ARTICLE XIY. MILITIA. Section 1. All able-bodied male persons, residents of this state, between the ages of eighteen and forty-five years, shall be enrolled in the militia, and perform such military duty as may be required by law; but no person having conscientious scruples against bearing arms, shall be compelled to perform such duty in time of peace. Every person claiming such 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, equipment and discipline of the militia, to conform as nearly as practicable to the regulations for the government of the armies of the United States, and pass such laws to promote volunteer organizations as may afford them effectual 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 commissions for such period of time as the legislature may provide. Sec. 4. All military records, banners and relics of the state, except when in lawful use, shall be preserved in the office of the adjutant-general as an enduring memor- ial of patriotism and valor of the soldiers of Idaho ; and it shall be the duty of the legislature to provide by law for the safe-keeping of the same. CONSTITUTION OF THE STATE OF IDAHO 49 Sec. 5. All military organization 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 the suppression of domestic violence, except up- on the application of the legislature, or the executive when the legislature can not be convened. ARTICLE XV. WATER RIGHTS. Section 1. 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 here- tofore been, or may hereafter be sold, rented, or distri- buted, 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, i> a fran- chise, 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 purposes shall (subject to such limitations as may be prescribed 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 CONSTITUTION OF THE STATE OF IDAHO 50 for manufacturing purposes. And in any organized min- ing district, those using the water for mining purposes or milling purposes connected with mining, shall have pref- erence over those using the same for manufacturing or agricultural purposes. But the usage by such subse- quent appropriates shall be subject 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 distributed to any person who has settled upon or improved land for agricultural purposes with the view of receiving the benefit of such water under such dedication, such person, liis heirs, executors, administrators, successors, or assigns, shall not thereafter, without his consent, be deprived of the an- nual use of the same, when needed for domestic purposes, or to irrigate the land so settled upon or improved, upon payment the ref of, and compliance with such equitable terms and conditions as to the quantity used and times of use, as may be prescribed by law. Sec. 5. 4\ henever more than one person has settled upon, or improved land with the view of receiving water for agricultural purposes, under a sale, rental, or distri- bution 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 v ater 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 desir- ing to use the same, such priority of right shall be subject to such reasonable limitations as to the quantity of water CONSTITUTION OF THE STATE OF IDAHO 51 used and times of use as the legislature, having due re- gard, 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 man- ner in which reasonable maximum rates may be estab- lished to be charged for the use of water sold, rented or distributed for any useful or beneficial purpose. ARTICLE XVI. LIVE STOCK. Section 1. The legislature may pass all necessary laws to provide for the protection of live stock against the introduction or spread of pleuro-pneumonia, glan- ders, 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. ARTICLE XVII. STATE BOUNDARIES. Section 1. The name of this state is Idaho, and its boundaries are as follows : Beginning at a point in the middle channel of Snake river where the northern bound- ary of Oregon intersects the same ; then follow down the channel of the Snake river to a point opposite the mouth of the 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 longi- tude 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 Rock mountains to the CONSTITUTION OF THE STATE OF IDAHO 52 thirty-fourth degree of longitude west of Washington; thence south along that degree of longiture 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 begin- ning. ARTICLE XVIII. COUNTY ORGANIZATION. Section 1. The several counties of the territory of Idaho as they now exist, are hereby recognized as legal subdivisions of this state. Sec. 2. Xo 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 electors of the county, voting on the proposition at a general elec- tion, 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 person 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 majority 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 proposed to be an- nexed. When any part of a county is stricken off and attached to another county, the part stricken off shall be held to pay its ratable proportion of all then existing liabilities of the county from which it is taken. Sec. 4. No new county shall be established which >hall reduce any county to an area of less than four hun- CONSTITUTION OF THE STATE OF IDAHO 53 dred square miles, nor shall a new county be formed con- taining an area of less than four hundred square miles. Sec. 5. The legislature shall establish, subject to the provisions of this article, a system of county govern- ments which shall be uniform throughout the state; and by general laws shall provide for township or precinct organization. Sec. 6. The legislature, by general and uniform laws, shall provide for the election biennally in each of the several counties of the state, of county commission- ers, a sheriff, county treasurer, who is ex officio public 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- 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 require, and shall prescribe their duties and fix their terms of office. The legislature shall provide for the strict ac- countability of county, township, precinct and municipal officers for all fees which may be collected by them, and for all public and municipal moneys which may be paid to them, or officially come into their possession. The coun- ty 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 busi- ness of their offices may require, said deputies and cleri- cal assistance 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 office im- mediately 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 54 CONSTITUTION OF THE STATE OF IDAHO their services as follows: Sheriff, not more than four thousand dollars and not less than one thousand dollars, together with such mileage as may be prescribed by law ; clerk of 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 col- lector, 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 mileage as may be prescribed by law ; and justices of the peace and constables such fees as may be prescribed by law. Sec. 8. The compensation provided in section seven (7) for the officers therein mentioned shall be 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 coun- ty treasurer for the use and benefit of the county. In case the fees received in any one year by any one such officer shall not amount to the minimum compensation per annum therein provided, he shall be paid by the county a sum sufficient to make his aggregate annual compensa- tion equal to such minimum compensation. Sec. 9. The neglect or refusal of any officer named in this article to account for and pay into the county treasury any money received as fees or compensation in excess of the maximum amount allowed to such officer by the provisions of this article, within forty days after the receipt of the same, shall be a felony, and the grade of CONSTITUTION OF THE STATE OF IDAHO 55 the crime shall be the embezzlement of public moneys, and be punishable as provided for such offense. Sec. 10. The board of county commissioners shall consist of three members, whose term of office shall be two years. Sec. 11. County, township and precinct officers shall perform such duties as shall be prescribed by law. ARTICLE XIX. APPORTIONMENT. Section 1. Until otherwise provided by law the ap- portionment 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. 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. 56 CONSTITUTION OF THE STATE OF IDAHO The eleventh shall consist of the counties of Bear Lake, Oneida and Bingham, and sfiall elect one senator. The twelfth shall consist of the counties of Owyhee and Cassia, and shall elect one senator. The thirteenth shall consist of the county of Elmore, and shall elect one senator. The fourteenth shall consist of the county of Alturas, and shall elect one senator. The fifteenth shall consist of the county of Ada, and shall elect two senators. The sixteenth shall consist of the county of Washing- ton, and shall elect one senator. Sec. 2. The several counties shall elect the following members of the house of representatives : The county of Ada, three members. The counties of Ada and Elmore, one members. The county of Alturas, two members. The county of Boise, two members. The county of Bear Lake, one member. The county of Bingham, three members. The county of Cassia, one member. The county of Custer, two members. The county of Elmore, one member. 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. CONSTI TUTION OF THE STATE OF IDAHO 57 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. i ARTICLE XX. . AMENDMENTS. Section 1. 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, vot- ing separately, such proposed amendment or amend- ments shall, with the yeas and nays thereon, be entered on their journals, and it shall be the duty of the legisla- ture to submit such amendment or amendments to the electors of the state at the next general election, and cause the same to be published without delay for at least six consecutive weeks, prior to said election, in not less than one newspaper of general circulation published in each cqunty; and if a majority of the electors shall ratify the same, such amendment or amendments shall become a part of this constitution. Sec. 2. If two or more amendments are proposed, they shall be submitted in such manner that the electors shall vote for or against each of them separately. Sec. 3. Whenever two-tliirds of the members elected to each branch of the legislature shall deem it necessary to call a convention to revise or amend this constitution, they shall recommend to the electors to vote at the next general election for or against a convention, and if a ma- jority of all the electors voting at said election shall have 58 CONSTITUTION OF THE STATE OE IDAHO voted for a convention, the legislature shall at the next session provide by law for calling the same ; and such convention shall consist of a number of members not less than double the number of the most numerous branch of the legislature. ' j 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 ORDINANCE. Section 1. That no inconvenience may arise from a change of the territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, 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 judi- cial department under this constitution, be issued under the authority of the territory of Idaho, shall be as valid as if issued in the name of the state. Sec. 2. All laws now in force in the territory of » * Idaho which are not 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 escheats 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 executed CONSTITUTION OF THE STATE OF IDAHO 59 by this territory, or to any other officer in his official ca- pacity, shall pass over to the proper state authority, and to their successors in office, for the uses therein respec- tively expressed, and may be used for and recovered ac- cordingly. All criminal prosecutions and penal actions which have arisen, or which may arise before the organ- ization 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 holding their offices and appointments in this territory under 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 their 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 election, and the returns thereof shall be made and canvassed in the same manner and by the same authority as provided in cases of such general elections and abstracts of such returns duly certified shall be transmitted to the board of canvassers now provided by law for canvassing the return of votes for delegate to congress. The said canvassing board shall canvass the votes so returned and certify and de- clare the result of said election in the same manner, as is required by law for the election of said delegate. At the said election the ballots shall be in the follow- ing form : For the constitution — Yes ; No. And as a heading to each of said ballots shall be print- ed on each ballot, the following instructions to voters : CONSTITUTION OF THE STATE OF IDAHO 60 All persons who desire to vote for the constitution, or any of the articles submitted to a separate vote, may erase the word “ no. ’ ’ All persons who desire to vote against the constitu- tion, or against any article submitted separately, may erase the w T ord ‘ ‘ yes. ’ ’ Any person may have printed or written on his ballot 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 terri- tory as a state. Sec. 8. Immediately upon the admission of the terri- tory as a state, the governor of the territory, or in case of his absence or failure to act, the secretary of the terri- tory, or in case of his absence or failure to act, the presi- dent of this convention, shall issue a proclamation, which shall be published, and a copy thereof mailed to the chair- man of the board of county commissioners of each coun- ty, calling an election of the people of all state, district, county, township, and other officers, creative and made elective by this constitution, and fixing a day for such election, which shall not be less than forty days after the date of such proclamation, nor more than ninety days after the admission of the territory as a state. Sec. 9. The board of commissioners of the several counties shall thereupon order such election for said day, and shall cause notice thereof to be given, in the manner and for the length of time provided by the law T s of the territory in cases of general elections for delegate to con- gress and county and other officers. Every qualified elector of the territory, at the date of "said election, shall be entitled to a vote thereat. Said election shall be con- ducted in all respects in the same manner as provided by 61 CONSTITUTION OF THE STATE OF IDAHO the laws of the territory for general elections, and re- turns thereof shall be made and canvassed in the same manner and by the same authority as provided in cases of such general election ; but returns for all state and dis- trict officers and members of the legislature, shall be made to the canvassing board hereinafter provided for. Sec. 10. The governor, secretary, controller, and at- torney 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 vote 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 territory an abstract certified by them, of the number of votes cast for each person for each of said offices and of the total number of votes cast in each county. Sec. 11. The canvassing boards of the several coun- ties shall issue certificates of election to the several per- sons found by them to have been elected to the several county and precinct offices. Sec. 12. All officers elected at such election shall, within thirty days after they have been declared elected, 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, district or county, and shall thereupon enter upon the duties of their respec- tive offices; but the legislature may require by law all 62 CONSTITUTION OF THE STATE OF IDAHO 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 law, in accordance with this constitution, for the election of their successors and until such successors shall be elected and qualified. Sec. 14. The governor-elect of the state, immediate- ly upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legisla- ture 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 organiza- tion of the legislature, botli 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 major- ity of all 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 said joint ses- sion. The presiding officers of the senate and house, shall issue a certificate to each of said senators, certifying his election, which certificates shall also be signed by the governor and attested by the secretary of state. Sec, 15. The legislature shall pass all necessary laws to carry into effect the provisions of this constitution. Sec. 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 the supreme 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 supreme court of the state, and until so superceded the CONSTITUTION OF THE' STATE OF IDAHO 63 supreme court of the territory and the judges thereof shall continue, with like power and jurisdiction, as if this constitution had not been adopted. Whenever the judge of the district court of any district, elected under the pro- visions of this constitution, shall have qualified in 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 thereto, shall pass into the purisdiction and possession of the district court of the state for such county; and until the district courts of this territory shall he superceded in the man- ner aforesaid the said district courts and the judges thereof shall continue with the same jurisdiction and power to be exercised in the same judicial districts re- spectively, as heretofore constituted under the laws of the territory. Sec. 17. Until otherwise provided by law, the seals now i:i use in the supreme and districts courts of this ter- ritory 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 mat- ters of administration and other matters pending therein, shall pass into the jurisdiction and possession of the pro- bate court of the same county of the state, and the said probate court shall proceed to final decree and judgment, order, or other determination in the said several matters and causes as the said probate court might have done as if this constitution had not been adopted. Sec. 19. It is ordained by the State of Idaho that perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship. And the people of the state of Idaho 64 CONSTITUTION OF THE STATE OF IDAHO do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits, owned or held by any Indians or Indian tribes ; and until the title thereto shall have been extinguished by the United States, the same shall be subject to the dis- position of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States ; that the lands belonging to citizens of the United States, residing without the said state of Idaho, shall never be taxed at a higher rate than the lands belonging to the residents thereof. That no taxes shall be imposed by the state on the lands or prop- erty therein belonging to or which may hereafter be pur- chased by the United States, or reserved for its use. And the debts and liabilities of this territory shall be as- sumed and paid by the state of Idaho. That this ordin- ance shall be irrevocable, without the consent of the United States and the people 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. II. CLAGETT, Pres. GEO. AINSLEE. W. C. B. ALLEN. ROB’T. ANDERSON H. ARMSTRONG. ORLANDO B. BATTEN. FRANK W. BEANE. JAS. H. BEATTY. WM. C. MAXEY. A. E.MAYHEW. w. j. McConnell. HENRY MELDER, JOHN H. MYER. JOHN T. MORGAN. A. B. MOSS. AARON F. PARKER. UO^STITTJTICm OP THE STATE OP IDAHO 65 J. AY. B ARGENTINE. A. J. PIERCE. A. D. BEVAN. A. J. PINKHAAL HENRY B. BLAKE, J. AY. POE. EREDERICK CAMPBELL. THOS. PYEATT. PRANK P. CAVAN AH, A. S. CHANEY. (CHAS. A. CLARK. I. N. COSTON. JAS. I. CRUTCHER. STEPHEN S. GLIDDEN. JOHN S. GRAY. AYM. AY. HAMMEL. H. S. HAMPTON. H. 0. HARKNESS. PRANK HARRIS. SOL. IIASROUCK. C. M. HAYS. AY. B. HEYBURN. JOHN HOGAN. J. M. IIOAYE. E. S.JEAYELL. G. AY. KING. H. B. KINPORT. JAS. AY. LAYIOREAUX. JOHN LEAYIS. JAS. AY. REID. AY. D. ROBBINS. AYM. H. SAVIDGE. AUG. M.SINNOTT. JAMES M. SHOUP. DREN AY. STANROD. FRANK STEUNENBERG HOMER STULL. AYILLIS SWEET. SAM F. TAYLOR, J. L. UNDERAYOOD. LYCURGUS VINEYARD. J. S. AVHITTON. EDGAR WILSON. AY. W. WOODS. JOHN LEMP. N. I. ANDREAYS. P. McMAHON. SAMUEL J. PRITCHARD. J. W. BRIGHAM. P. J. PEFLEY. AMENDMENTS. The following amendments to the Constitution have been adopted : CONSTITUTION OF THE' STATE' OF IDAHO 1 66 ARTICLE V. Section 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 terms of two years, and shall perforin, 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 ser- vices 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 elec- tion, and to be paid in quarterly installments out of the county treasury. ARTICLE VI. Section 2. Except as in this article otherwise pro- vided, every male or female citizen of the Un ited States, twenty-one years old, who has actually resided in this state or territory for nix m onths, and 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 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. ARTICLE XVIII. Section 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 taxable 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 taxable property of CONSTITUTION - OF THE STATE OF IDAHO 67 less than one million dollars, as shown by the last prev- ious assessment. 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 commissioners, a sheriff, a county treasurer, who is ex officio public admin- istrator, a probate judge, a county superintendent of pub- lic instruction, a county assessor who is ex officio tax col- lector, a coroner and a surveyor. The clerk of the dis- trict court shall be ex officio auditor and recorder. No other county offices shall be established, but the legisla- ture by general and uniform laws shall provide for sucli township, precinct and municipal officers as public con- venience may require, and shall prescribe their duties, and fix their terms of office. The legislature shall pro- vide for the strict accountability of county, township, pre- cinct and municipal officers for all fees which may be col- lected by them, and for all public and municipal monies which may be paid to them or officially come into their possession. The county commissioners may employ counsel when necessary. The sheriff, auditor and recorder, and clerk of the district, court shall be em- powered by the county commissioners to appoint such deputies and clerical assistance as the business of their offices may require, said deputies and clerical assistants to receive such compensation as may be fixed by the coun- ty commissioners. . No sheriff or county assessor shall be qualified to hold the term of office immediately succeeding the terms 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 68 CONSTITUTION OF THE STATE OF IDAHO officer or deputy, in performance of liis official duties, shall be a legal charge against the county, and may be re- tained by him out of any fees, which may come into his hands. 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, accompanied by proper vouchers, showing all expenses incurred and all fees received, which must be audited by the board as other accounts. Sec. 9. The neglect or refusal of any county officer any money received as fees or compensation, in excess of or deputy to account for and pay into the county treasury his actual and necessary expenses, incurred in the per- formance 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 embezzlement of pub- lic funds, and be punishable as provided for offenses. ARTICLE XIII. Section 2. Not more than eight (8) hours actual work shall constitute a lawful day’s work on all state and municipal works, and the legislature shall pass laws to provide for the health and safety of employes in fac- tories, smelters, mines and ore reduction works. Section 1. That Section 9 of Article VII of the Con- stitution of the State of Idaho be amended to read as fol- lows : Section 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, unless a pro- position to increase such rate, specifying the rate pro- posed and the time during which the same shall be levied, shall have been submitted to the people at a general elec- tion, and shall have received a majority of all the votes cast for and against it at such election. IDAHO SCHOOL LAWS. Calling Bond Elections. Section 642. The board of school trustees of any school district may, whenever a majority so decides, submit to the qualified voters of the State of Idaho who are resident free- holders or householders of the district, and their wives, the question whether the board be authorized to issue coupon bonds to a certain amount, not to exceed eight per centum of the taxable property in said district, and bearing a rate of interest not exceeding six per centum per annum, and payable and redeemable at a certain time, for the purpose of building or providing one or more school houses in said district, with all necessary furniture, desks, blackboards, globes, charts, outline maps, etc. And the board of school trustees of any school district which has issued bonds for any of the purposes enumerated in this section, may submit to the electors of such district the question whether the board shall be authorized to issue coupon bonds to refund or take up any of the bonded indebtedness of such district, at a rate of interest not exceeding six per centum per an- num. Election : Issuance and Registration of Bonds. Section 643. Such elections must be held in the manner prescribed for elections in this chapter. The ballots must contain the words “Bonds Yes” or “Bonds No.” If two- thirds of the votes cast at such election are “Bonds Yes,” the board of trustees must issue such bonds in such form as the board may direct; they must bear the signature of the chairman of the board of trustees, and be countersigned by the clerk of the school district, and the coupons attached to the bonds must be signed by said chairman and said clerk; and each bond so issued must be registered by the county treasurer in a book provided for that purpose, which must show the number and amount of each bond and the person to whom the same is issued, and the said bonds must be sold by the said school trustees as hereinafter provided. Sale of Bonds. Section 644. The school trustees must give notice in some newspaper published in the State, for a period of not less than four weeks, to the effect that said school trustees will sell said bonds, briefly describing the same, and stating the time when, and the place where said sale will take place : IDAHO SCHOOL LAWS. Provided , That the said bonds must not be sold for less than their par value, and the trustees are authorized to re- ject any bids and to sell said bonds at private sale if they deem it for the best interest of the district, and all moneys arising from the sale of said bonds must be paid forthwith into the treasury of the county in which said district may be located, to the credit of said district, and the same are immediately available for any of the purposes authorized by this chapter. Liability of School District. Section 645. The faith of each school district is sol- emnly pledged for the payment of the interest and the re- demption of the principle of all bonds, which are issued un- der this article. And for the purpose of enforcing the pro- visions of this article, each school district is a body corpo- rate, and may sue and be sued by or in the name of the board of school trustees of said district. Tax Levy to Pay Bonds : Investment of Sinking Fund. Section 646. The school trustees of each district must ascertain and levy annually the tax necessary to pay the in- terest as it becomes due and a sinking fund to redeem the bonds at their mataurity, and said tax is a lien upon the property of said school district, and must be collected in the same manner as other taxes for school purposes : Provided, That the said sinking fund may, at the discretion of the board, be loaned on first mortgage or improved farm lands, but no loan shall exceed one-third of the market value of the land, exclusive of the improvements thereon, given as security for such loans. The annual interest on all loans herein provided for shall be seven per cent. Said sinking fund may be invested in United States bonds, State bonds, county bonds, county or State warrants, when the market value thereof is not below par, at the discretion of said board. Redemption of Bonds. Section 647. When the sum in the sinking fund equals or exceeds the amount of any bond then due, the county treasurer shall post in his office a notice that he will, within thirty days from the date of such notice, redeem the bonds then payable, giving the number thereof; and preference IDAHO SCHOOL LAWS. must be given to the oldest issue ; and if, at the expiration of the said thirty days, the holder or holders of said bonds shall fail or neglect to present the same for payment, inter- est thereon must cease ; but the treasurer shall, at all times thereafter, be ready to redeem the same on presentation, and when any bonds are so purchased or redeemed, the county treasurer must cancel the same by writing across the face of each bond, in red ink, the word “Redeemed,” and date of such redemption. Payment of Interest on Bonds. Section 648. The county treasurer must pay out of any moneys belonging to a school district, the interest upon any bonds issued under this article by such school district when the same becomes due, upon the presentation, at his office, of the proper coupon, which must show the amount due and the number of the bond to which it belonged; and all cou- pons so paid must be reported to the school trustees at the first meeting thereafter. Bonds to Be Printed. Section 649. The school trustees of any district must cause to be printed or lithographed at the lowest rates, suit- able bonds, with the coupons attached, when the same be- comes necessary, and pay therefor out of any moneys in the county treasury to the credit of the school district. Neglect to Pay Over Money a Felony. Section 650. If any of the school trustees fraudulently fail or refuse to pay, into the proper county treasury, the money arising from the sale of any bonds provided for by this article, they are guilty of a felony.