The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1878-08-03
The Constitutional Convention


ARTICLE on JUDICIARY.
SEC. |. The court for the trial Of inn
peachments shall be composed of the
Senate. The House of Representatives
shall have the power of impeachlng all
the civil officers of the State for corrupt
conduct in Office or for crimes and mis-,
demeanors; but the majority Of all the
members elected shall concur In an i'm
parchment. On trial Of an impeach-
ment against the Governor. the Chief
Justice of the Supreme Court shall pre-
side. No judicial officer shall exercise
his office after he shall be impeachei
until his acquittsl. Before the trial Of
an impeachment the members CT the
court shall take an oath or atfirmatio.
truly and impartially TO Try the M
parchment according to the evidence
and no person shall be convicted with
out the concurrence of tWO-thi:ds Of the
members elected Judgment, IN cas- 5
of impeachment, shall not extend fur
Their than removal from Office or removal
from Office and disqualification 70 hold
any Office of honor, profit or trust un-
der the State; but this shall not prevent
the officer from being prosecuted and
punished in the courts according to law.
SEC. /. The judicial power of the
State, both as to matters of law and
equity, shall be vested in Supreme
Court, Circuit Courts, Probate Courts,
Justices of the Peace, aud such inferior
municipal courts as may be provided by
law.
SEC. 3. The Supreme Court except in
cases otherwise provided in this Con-
stitution shall have appellate jurisiic-
tion on all chancery causes, and iuris-
diction in all actions at law, civil and
criminal, upon writs of error, which
shall be co-extensive with the State,
but in no case removed to the Supreme
Court, shall trial by jury be allowed.
The Supreme Court shall have gener-
al experimenting control over ell III
ferior courts, under such regulations
and limitations as may be prescribed
by law; it shall have power to issue
writs Of habeas corpus, mandsmus, in
junction, quo wsrranto, certiorari, and
to hear and determine the same.
SEC. 4. For the term of four years
and thereafter, until the Legisla
turs shall otherwise provide, the
judges Of the several Circuit Courts
shall be er oticio judges of the Supreme
Court. q majority of whom shall con-
stitute quorum; and concurrence OF
majority of the judges present shall
be necessary to decision; provided
that in the event the court shall he
equally divided in opinion the cause
shall be continued for re-argument; and
if upon re.argument the court shall be
again equally divided in opin,on the
judgment below shall be affirmed The
Legislature shall have power. af er the
expiration of said term. to provide by
law for the organization of separate
Supreme Court, with the jurisdiction
and powers prescribed by this Consti-
tuition; to consist of one Chief Justice
aud tive Associate Justices, to be ap.
pointed by the Governor. by and with
the advice and consent of the Senate.
The separate Supreme Court, when SO
organized, shall not be changed or dis
continued by the Legislature; the
judges thereof shall be so classified that
but one of them shall 60 out of office at
the same time; and their terms of Office
shall be the same as is provided for the
judges of the Circuit Courts
SEC. S. The State shall be divided
into three judicial circuits. to be com.
posed as follows The first circuit shall
comprise all that portion Of the State
lying east of the summit of the Cascade
mountains. except the county of Klicki-
tat.
The second circuit shall comprise the
counties of Chehslis. Clarke, Cowlitz,
Klickilat, Lewis. Mason. Pacific, Ska
mania, Thurston and Wahkiahum.
The third circmt shall comprise the
counties of Clallam, Island, Jefferson,
King. Kitsap. Pierce. San Juan, Sno-
nomish and Whatcom.
SEC. 0. The Legislature may alter
the limits or increase the number If
circuits, making them as convenient
and compact as practicable, and bound
ing them by county lines; but no such
alteration or increase shall have the ef
feet to remove Judge from Office.
In case of an increase Of circuits, the
Judge or judges shall be elected as pro-
vided In this CONSTITUTION, and receive
q salary not less than that provided for
judges of the Circuit Court
SIC. 7. For each circait there shall
be a judge chosen by the qualified cleo
tors therein. who shall hold his office
as is provided in this Constitution. One
OF the Judges shall be designated as
Chief Justice by the Governor, by and
with the advice and consent Of the
Senate The Judges first chosen un-
der this Constitution shall be elected at
the first general election provided here
in for members Of the Legislature; and
shalt hold their offices for the term III
four years, The Legislature shall. At
its first session. provide by law a. well
for the election Of as for classifying
the judges TO be thereafter elected in
such manner that one Of SAID Judges
shall 60 out Of Office in two years. one
in tour years, and the remaining Judge
or judges III six years, and thereafter
the Judge OF judges elected TO fl the
office shalt hold the same for SIX years
SEC. 8. In ell causes submitted in
the Supreme Court. and IN all causes
tried by the Circuit Courts, without
jury. the judgment or decree shall lie
rendered at the same term At which
the causes are submitted, or within
thirty days thereafter; provided, that
judgments and DEGREES may be render
cd by judges of the Circnit Courts in
vacation upon confession or upon lie.
faalt for failure TO plead or answer,
SEC. 3. The Circuit Courts shall have