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CONSTITUTION OF THE STATE OF IDAHO.
ARTICLES. Article 1. Declaration of rights. 2. Legislative department. 3. Executive department. 4. Judicial department. 5. Elective franchise. 6. Municipal corporations. 7. Corporations other than munici
pal. 8. Education. 9. School and public lands. 10. County and township organiza
tions. 11. Revenue and taxation. 12. Public debt and public works. 13. Militia. 14. Impeachment and removal from
office. 15. Future amendments. 16. Compact with
United States. 17. Miscellaneous. 18. Congressional and legislative ap
for capital offenses. 7. Right of trial by jury. 8. Offenses shall be prosecuted
criminally by indictment, or
information. 9. Freedom of speech. 10. The people have the right to
assemble together in a peaceable manner for the common
good. 11. The people have the right to
bear arms. 12. The military shall be subordi
nate to the civil power. 13. Right to speedy and public trial.
-No person shall twice be put in jeopardy for the same of
fense. 14. In regard to the use of lands
for the storage of water, etc.Private property taken for public use must have a just
compensation. 15. Imprisonment for debt. 16. No law impairing the obligation
of contracts snall ever be
passed. 17. Unreasonable searches and seiz
ures not tolerated. 18. Right and justice shall be ad
ministered without sale or
prejudice. 19. Right of suffrage not to be in
terfered with. 20. No property qualification for
right to vote.
Declaration of Rights. Section 1. All men are by nature free and
have certain inalienable
rights. 2. All political power is inherent
in the people. 3. The State is inseparable from the Union.
Section 21. This enumeration of rights not
to impair other rights retained by the people.
Distribution of Powers. 1. Divided into the legislative,
executive and judicial.
Legislative Department. 1. The legislative power of the
State is vested in the Senate
and House of Representatives. 2. The Senate to consist of eigh
teen members; the House of Representatives of thirty-six
members. 3. Elected for two years. 4. Apportionment. 5. No county shall be divided in
creating districts. 6. Senator and Representative
must be elector of this
presiding officers of the respec
tive houses. 22. When an act is to take effect. 23. Pay and mileage of members. 24. Promotion of temperance and
morality by the Legislature. 25. Oath of office.
State. 7. Legislators privileged from ar
rest, except when. 8. Sessions of Legislature to
be held biennially. 9. Each house to choose its own
members. - In regard to ad
journment. 10. A majority of each house shall
constitute a quorum. 11. To expel a member, a two-thirds
vote required. 12. The business of each house to
be transacted openly. 13. Each house to keep a journal. 14. Bills may originate in either
house. 15. No law shall be passed except
by bill, which must be read
three times. 16. Every act to contain but one
local or special laws in cer-
qualified electors of the State. 3. To be eligible for election to
State offices. 4. Governor to be commander-in
chief. 5. Supreme executive power vested
in Governor. 6. If vacancies occur. 7. Board of pardons. 8. The Governor may require in
formation in writing from
State officers, 9. The Governor may on extraor
dinary occasions convene the
Legislature by proclamation. 10. All bills before becoming a law
shall be presented to the Governor for his approval or
disapproval. 11. The Governor may object to
items in a bill, in which case
they are to be reconsidered. 12. When the Lieutenant-Governor
shall act as Governor. 13. The Lieutenant-Governor shall
be president of the Senate. 14. When president of Senate pro
tempore is to act as Governor. 15. In regard to the seal of the
State. 16. Grants and permissions, how
signed and sealed. 17. A semi-annual report to be
made to the Governor of all money received and spent by the State.
Section 18. Board of State prison commis
sioners. 19. Salaries.
Section 17. Salary of justices of Supreme
Court and of judges of the
District Courts. 18. District Attorney, term of office
and salary. 19. How vacancies are to be filled. 20. District Court, jurisdiction of. 21. Probate Courts, jurisdiction of. 22. Justices of the peace, jurisdic
tion of 23. To be eligible for office of dig
trict judge. 24. Enumeration of the judicial
districts. 25. In regard to defects or omis
sions in the laws. 26. All general laws to be uniform
in operation. 27. Right to increase or diminish
Judicial Department. 1. Civil and criminal actions de
fined. 2. The judicial power of the State
shall be vested in a court for the trial of impeachments, a Supreme Court, District and Probate Courts, and Courts of
Justices of the Peace. 3. When Governor is impeached,
the Chief Justice shall preside. 5. Treason against the State,
definition of. 6. Supreme Court to consist of
three justices, a majority of whom shall be necessary to make a quorum, or pronounce
a decision. 7. No justice of Supreme Court
shall hold any other office in
the State. 8. At least four terms of said
court shall be held annually. 9. Supreme Court, jurisdiction of. 10. Shall have original jurisdiction
to hear claims against the
State. 11. State to be divided into five
judicial districts.-A judge is to be chosen from each district.-Term of office to be
four years. 12. District judges to reside in the
districts from which they are
elected. 13. The Legislature shall have no
power to deprive the judicial department of any power or jurisdiction which rightfully
pertains to it. 14. The Legislature may provide for
the establishment of special
courts. 15. Clerk of Supreme Court, term of
office and compensation. 16. Clerk of the District Court,
term of office.
Suffrage and Elections 1. All elections by the people must
be by ballot. 2. Qualified electors, who are.
Women may vote at school
elections. 3. Those who may not vote. 4. The Legislature may prescribe
additional qualifications for
the right of suffrage. 5. Service under the United States
out of the State does not cause loss of residence.
Finance and Revenue. 1. Fiscal year to commence on
second Monday of January in
each year. 2. Such revenue as is needed is to
be provided by taxation. 3. Property to be defined by law. 4. What property is exempt. 5. All laws to be uniform upon the
same class of subjects. 6. For what the Legislature is not
to impose taxes. 7. As to State taxes. 8. In regard to taxing corpora
Section 9. In regard to compulsory educa
tion. 10. Location of the University of
Idaho. 11. How the educational fund may
Section 9. What the rate of taxation on
real and personal property
shall be. 10. It is illegal to use State,
county, etc., money for per
sonal gain. 11. No appropriations shall be
made which shall exceed the
total taxes for the year. 12. State board of equalization, to
consist of whom. 13. No money shall be drawn from
the treasury but in pursuance of appropriations made by
law. 14. No money shall be drawn from
the county treasuries, etc. 16. Business of the counties to be
conducted on a cash basis. 16. The Legislature shall pass all
laws necessary to carry out the provisions of this article.
Public Institutions. 1. Educational, reformatory and
penal institutions. 2. Location of seat of government
to be at Boise City, for twenty
years. 3. It may be removed. 4. All property of the Territory to
become State property. 6. State prison commissioners, to
be composed of whom. 6. Three directors for insane asy
lum. 7. State institutions may be re
moved for sanitary reasons.
ARTICLE VIII. Public Indebtedness and Subsidies. 1. The limit of State indebtedness. 2. State credit not to be given or
loaned. 3. No subdivision of the State
shall incur indebtedness in any year greater than the
revenue for that year. 4. No subdivision of the State shall
lend its credit.
ARTICLE IX. Education and School Lands. 1. Public free schools to be estab
lished. 2. Board of education. 3. The public school fund shall
forever remain inviolate and
intact. 4. What the public school fund is
to consist of. 6. Sectarian institutions not to be
supported by State funds. 6. How the public schools shall be
managed. 7. The State Board of Land Com
missioners. 8. Duties of the same.
ARTICLE XI. Corporations, Public and Private. 1. All existing charters under
which corporations have not commenced business in good faith at the time of the adoption of this Constitution, shall
have no validity. 2. In regard to changing, extend
ing or amending charters by
special law. 3. The Legislature may provide for
altering, revoking or annulling any charter existing at the time of the adoption of this
charter. 4. Elections of directors or man
agers of corporations. 5. All railroads shall be public
highways, and railroad and express companies common
carriers. 6. Rights of transportation. 7. Future legislation in regard to
corporations. 8. Right of eminent domain shall
never be abridged.
Section 9. Fictitious increase of stock shall
be void. 10. Foreign corporations must have
one or more places of business, 11. No street or other railroad shall
be constructed in city or town without the consent of local
authorities. 12. Laws not to be passed for the
benefit of any corporation or
individual. 13. In regard to telegraph or tele
phone lines. 14. In regard to consolidating with
corporations not organized in
this State. 15. In regard to passing laws per
mitting alienation of any fran
chise. 16. Corporation, definition of. 17. Stockholders not liable in any amount over
above the amount of stock he owns. 18. Combining for the purpose of
fixing the price of any article of commerce or production by the said is illegal.
States may be employed on
State or municipal works. 6. Mechanics, etc., to have an ade
quate lien on the subject
matter of their labor. 7. Boards of arbitration, the duty
of. 8. Commissioner of immigration,
etc., duties and pay prescribed by law. ARTICLE XIV.
Militia. 1. Who shall be enrolled. 2. Enrollment, discipline and
equipment of militia. 3. Governor to commission all
militia officers. 4. Disposal of records, banners and
relics of the State. 5. The flag which may be carried. 6. Armed police or detective
agency may not be brought into the State for suppression of domestic violence, except upon application of the Legislature or executive.
Water Rights. 1. They are subject to control of
the State. 2. The right to collect rates for
use of water, etc. 3. Who has the first right to use
of a running stream. 4. In regard to water used for
agricultural purposes. 5. In regard to priority of right. 6. Rates to be fixed by law.
Live Stock. 1. Live stock to be protected by law against certain diseases.
Stale Boundaries. 1. The boundaries.
County Organizations. 1. The counties of the Territory
shall be the counties of the State.
ARTICLE XII. Corporations, Municipal, 1. General laws to be passed for
incorporating cities and towns. 2. Counties, cities and towns may
make local, police and sani
tary regulations. 3. The State shall nexer
the debts of any county or
town except in certain cases. 4. No county, city or town shall
become any corporation, etc.
ARTICLE XIII. Immigration and Labor. Commissioner of immigration.
Labor and statistics.-Term of
office and duties. 2. Eight hours a day's work. 3. Convict labor. 4. Employment of children under
fourteen years in mines not
legal. 5. Only citizens of the United