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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 the Snake river where the northern boundary of Oregon intersects the same; then follow down the channel of 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 thirtyninth 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 lor:gitude 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.
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.
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 electors of the county, voting on the proposition at a general 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 person shall vote at any county seat election who has not resided in the county six months, and in the precinct ninety days.
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 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 ratable proportion of all then existing liabilities of the county from which it is taken.
Sec. 4. No new county shall be established which shall re. duce any county to an area of less than four hundred square miles, nor shall a new county be formed containing 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 governments 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 biennially in each of the several coun. ties of the State, of county commissioners, 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 established, but the Legislature by general and uniform laws shall provide for the election of such township, precinct and munici. pal officers as public convenience may require, 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 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 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 commissioners. Vo sheriff or county assessor shall be qualified 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 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 collector, not more than three thousand dollars and not less than five hundred dollars; county treasurer, who is ex-officio publio administrator, not more than one thousand dollars, and not less than three hundred dollars; coroner, not more than five hun. dred 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 compensa. tion per annum provided for each in section seven (7) of this article shall be paid to the county treasurer for the use and benefit 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 provided, he shall be paid by the county a sum sufficient to make his aggregate annual compen. sation 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 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 terms of office shall be two years.
Sec. 11. County, township and precinct officers shall perform such duties as shall be prescribed by law.
Apportionment. Section 1. 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.
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, Oneida and Bingham, and shall 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 corsist 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 Washington, 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 county of Alturas, two members.
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 mem. bers of each of the two houses, voting separately, such proposed amendment or amendments shall, with the yeas and nays
, thereon, be entered on their journals, and it shall be the duty of the Legislature 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 county; 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-thirds of the members elected to each branch of the Legislature shall deem it necessary to call a