Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-09-22
ARTICLE vi.
JUDICIAL DEPARTMENT,

Section l. The judicial powers of the
state, except as in this constitution 9TH
erwise provided, shall be vested in q
supreme court, circuit courts, county
courts and justices of the peace, and
such other courts as may be created by
law for cities and incorporated towns.
SUPREME COURT.
Sec. 2. The supreme court. except as
otherwise provided in this constitution,
shall have appellate Jurisdiction only,
state, and shall have general superin.
tending control over all inferior courts,
under such regulations and limitations
as may be prescribed by Law.
Sec. 1t shall have power to issue
wrlts OF habeas corpus. It shall also
have power to issue writs of mandam.
us, quo watranto, certiorari. inlunc.
ton and other original and remedial
wr1ts, with authority to hear and de.
termine the same in such cases and
under such regulations as may be pro-
vided by law; provided, however, that
no jury TRIALS shall be allowed in said
supreme court, but In proper cases
questions of fact may be sent by said
court to circuit court for trial before
q jury.
Sec. 4. AT least two terms of the eu.
preme court shall be held each year st
the seat of government.
Sec. 5. The supreme court shall con.
sist of three judges, to be chosen from
districts by the qualified electors of the
state at large, as hereinafter provided.
Sec. 6. The number of SAID judges and
taking effect OF this constitution. be in
creased by law to not exceeding five.
Sec. Z. A majority of the judges of the
supreme court shall be necessary to form
a quorum or pronounce decision, but
one or more of said judges may adjourn
the court from day to day, or to q day
certain.
i Sec. s. The Judges of the supreme
court shall Immediately, after the first
election under this constitution, aud
their taking Office, be classified BY lot 80
that one shall hold bis Office for the term
of two years, one for the term of three
years, and one for the term of four years,
from and after the FIRST Monday of Janu.
ary succeeding their election. The lot
shall be drawn by the judges, who shall
for that purpose assemble at the seat OF
government, and they shall cause the
result thereof to be certified to the secre-
tary of state and fled in his Office.
: Sec. 9. The judge having the shortest
term to serve; not holding his Office by
appointment or election to fill vacancy,
!, shall be the chief justice, and shall pre-.
!: side at all terms of the supreme court;
/ and IN case of his absence, the Judge
D having, in like manner, the next shortest
term to serve, shall preside in his stead
! Sec. 10. The terms of Office of all
D judges of the supreme court, elected
after the said first election, shall be -four
7 years, except as herein provided. In
: case of the reelection of Judge ther
holding such Office, the second term ol
II such judge shall be eight years. And il
o any such ja6ge shall have served two full
terms, and shall be reelected for the
i third term while still in such Office, hii
d third term shall be twelve years.
Sec. II. Provision may be made BY
II law for the voluntary retirement of any
], of said judges at any time after thel
shall have arrived at the age of seventy
i years; provided that the Judge so retirei
!, shall have been in the actual discharg,
OF his duties as such Judge for at leas
!. sixteen years Immediately preceding
q such retirement.
e. sec. II. No person shall be eligible {,
! the Office Of judge OF the supreme cour
unless he be learned in the law, be q
;. least thirty years OF age, and citizen O
= the United States, nor unless he shal
ss' have resided in this state or the territor
. at least two years next preceding his elet
ton, and at the time of his election be
resident OF the district for which he
- elected; but for the purpose of q re-eles
a tion no such Judge shall be deemed {
= have lost hls residence in the district b
# reason of his removal to the seat OF go,
to eminent in the discharge Of his ofiicil
W duties.
Sec. IS. Until otherwise provide
by Law the districts from which the rai
:, ~ judges of the supreme court shall b
y elected shall be constituted as follows: