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by change from Territorial to
State government. 2. All Territorial laws now in
force shall remain in force till they expire, if not repugnant
to the Constitution. 3. Fines, etc., accruing to the Territory shall accrue to
the State. 4. Also, all bonds, obligations,
etc., shall pass over to the
State. 5. In regard to officers appointel
in this Territory. 6. The Constitution shall be sub
mitted to the electors for adop
tion or rejection. 7. The Constitution to take effect
immediately upon the admission of the Territory
counties. 4. In regard to the establishment
of a new county. 6. County governments to be uni
form. 6. County officers to be elected bi
ennially. 7. Compensation of officers (pro
vided for in section 6 of this
section 7 of this article shall
officer to do this within forty
same shall be a felony.
sioners shall consist of three
shall be two years.
officers, their duties.
State. 8. Upon the admission as a State
a proclamation shall be pub
lished calling an election. 9. How said election shall be con
ducted. 10. The board of canvassers, to con
sist of whom. 11. Duties of the same. 12. Oath of office. 13. Term of office. 14. The Governor-elect shall con
vene the Legislature. 15. The Legislature shall pass laws
to carry into effect the pro
visions of this Constitution. 16. Proceedings of the Territorial
Supreme Court shall pass over
to the same of the State. 17. Territorial seals to be used as
State seals. 18. In regard to Probate Courts
after the Constitution 1s
adopted. 19. Freedom of religious thought,
public lands and boundaries,
etc. 20. Adoption of the Constitution.
Apportionment. 1. Senatorial districts.
Amendments. 1. Amendments may be proposed
by either house. 2. If two or more are proposed,
they shall be voted for sepa
rately. 3. In regard to revising or amend
ing the Constitution.
Schedule and Ordinance. 1. To
PREAMBLE. We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure our blessings and promote our common welfare do establish this Constitution.
ARTICLE , I,
Declaration of Rights. Section 1. All men are by nature free and equal and have certain inalienable rights, among which are enjoying and defend. ing life and liberty, acquiring, possessing, and protecting property, pursuing happiness, and securing safety.
Sec. 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same when. ever 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
law of the land. 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, privilege, or capacity on account of his religious opinions; 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 indirectly aid or abet, counsel or advise, any person to commit the crime of bigamy or polygamy, or any other crime.
or any other crime. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor
any preference be given by law to any religious denomination or mode of worship. Bigamy and polygamy are forever forbidden in the State, and the legislature shall provide by law for the punishment of such crimes.
Sec. 5. The privilege of the writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be pre
scribed by law.
Sec. 6. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Sec. 7. The right of trial by jury shall remain inviolate; but in civil actions three-fourths of the jury may render a 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 may be waived in all criminal cases not amounting to felony by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions and cases of misdemeanor the jury may consist of twelve, or of any number less than twelve, upon which the parties may agree in open court.
Sec. 8. No person shall be held to answer for any felony or criminal offense of any grade, unless on presentment or indictment of a grand jury or on information 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 assemble 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. 11. 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 owner, nor in time of war except in the manner prescribed by law.
Sec. 13. In all criminal prosecutions the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend in person 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 construction of reservoirs or storage basins, for the purpose of irrigation, or for rights of way for the construction of canals, ditches, fumes, or pipes, to convey water to the 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 development, or any other use necssary to the complete development of the material resources of the State, or the preservation of the health of its inhabitants, is hereby declared to be a public use, and subject to the regulation and control of the State.
Private property may be taken for public use, but not until a just compensation, to 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 unreasonable searches and seizures shall not be violated; and no warrant shall issue without probable cause, shown by affidavit, particularly describing the place to be searched and the person or thing to be seized.
Sec. 18. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay or prejudice.
Sec. 19. No power, civil or military, shall at any time interfere with or prevent the free and lawful exercise of the right of
Sec. 20. No property qualification shall ever be required for any person to vote or hold office except in school elections or elections creating indebtedness.
Sec. 21. This enumeration of rights shall not be construed to impair or deny other rights retained by the people.
Distribution of Powers. Section 1. The powers of the government of this State are divided into three distinct departments, the Legislative, Executive and Judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others, except as in this Constitution expressly directed or permitted.
Legislative Department. Section 1. The legislative power of the State shall be vested in a Senate and House of Representatives. The enacting clause of every bill shall be as follows: "Be it enacted by the Legislature of the State of Idaho."
Sec. 2. The Senate shall consist of eighteen members and the House of Representatives of thirty-six members. The Legislature may increase the number of Senators and Representatives: Provided, the number of Senators shall never exceed twenty-four, and the House of Representatives shall never exceed sixty members. The Senators and Representatives shall be chosen by 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 election.
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 thereafter to be apportioned as may be provided by law: Provided, each county shall be entitled to one representative.
Sec. 5. A senatorial or representative district, when more than one county shall constitute the same, shall be composed of contiguous counties and no county shall be divided in creating such districts.
Sec. 6. No person shall be a Senator or Representative who at the time of his election is not a citizen of the United States