Page images
PDF
EPUB

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

the

United States. 17. Miscellaneous. 18. Congressional and legislative ap

portionment.
19. Public institutions.
20. Prohibition.

Schedule.
Preamble.

Section
4. Freedom of religious thought

and worship.
7. Writ of habeas corpus.
6. Bail shall be accepted, except

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.

ARTICLE I.

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.

ARTICLE II.

Distribution of Powers. 1. Divided into the legislative,

executive and judicial.

ARTICLE III.

an

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

Section
20. Lotteries and gift enterprises

not legal.
21. All bills passed to be signed by

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.

ARTICLE IV

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

subject.
17. Every act to be plainly worded.
18. Revisal or amendment of an act
19. The Legislature may not pass

local or special laws in cer-
tain cases.

Executive Department.
1. Officers composing the same.
2. Said officers to be elected by

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.

1

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

salaries.

[ocr errors]

ARTICLE V.

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.

ARTICLE VI.

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.

ARTICLE VII.

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

tions.

Section 9. In regard to compulsory educa

tion. 10. Location of the University of

Idaho. 11. How the educational fund may

be loaned.

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.

ARTICLE X.

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

or

fixing the price of any article of commerce or production by the said is illegal.

Section

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.

ARTICLE XV.

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.

ARTICLE XVI.

Live Stock. 1. Live stock to be protected by law against certain diseases.

ARTICLE XVII.

Stale Boundaries. 1. The boundaries.

ARTICLE XVIII.

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.

assume

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

« PreviousContinue »