Daily Yellowstone journal., 1884-02-20
Wednesday. February 40, 1854.
Continued from Tuesday,
CONSTITUTION OF THE STATE Oh
MONTANA.
JUDICIAL DEPARTMENT.

CONSTITUTION OF THE STATE OF
MONTANA.
JUDICIAL DEPARTMENT.
SEC. 1. The judicial powers of the
State as to matters of law and equity,
except as in this Constitution other
wise provided, shall be vested in a
supreme Court, district courts, county
courts, Justices Of the peace, and such
other courts las may be created by law
for cities and incorporated towns. But
the Legislative Assembly may provide
for the abolition of county courts and
the transfer Of their probate and other
Jurisdiction to the district courts. and
in such case may provide that such
district courts shall he always open
for the Transaction of business, except
on legal holidays and non7judicial
days.
SUPREME COURT.
SEC. 2. The Supreme Court, ex-
cept ~ otherwise provided In this
Constitution, shall have appellate jur-
isdictiOn only, which shall be c0-ex-
tensive with the State, and shall have
Q general experimenting control over
all inferior courts, under such regula-
tions and limitations ~ may be pre-
scribed by law.
SEC. 8. Said court. or any Judge
thereof, shall have power to issue writs
of hd6edS corpus, BsdntiaMus, quo
Vdrrdnt0, certiOrdri, prohibition, in
junction, and other original aud relne-
dial writs, with the authority to hear
and determine the same; aud when v
jury may be required by the Supreme
Court to try Nh issue Of fact, the court
shall have power to summon jury 10
try such question Of fact In that court.
SEC. I. At least two terms Of the
Supreme Court shall be held each year
ct the seat Of government.
Sec. s. The supreme Court shall
consist of three judges, n majority of
whom shall be necessary IL form u
quorum or pronounce y decision; but
one or more Of said judges may adjourn
the court from day To day or To day
certain, and the Legislative Assembly
shall have the power to increase the
number Of such judges to not less nor
more than five.
Sec. 8. The Judges of the Supreme
Court shall be elected by the electors
of the State ut large, ~ hereinafter
provided.
SEC. Z. The term of office Of the
Judges Of the supreme Court. except
- In this Constitution otherwise pro-
vided, shall be six years.
SEC. =. Three Judges of the
Supreme Court shall he elected at the
first general election which shall be
held under this Constitution, and they
shall hold their Offices until their sue
cesssrs are elected and qualified. and
the one who shall be chief justice
shall be determined am0ng themselves
by lot. At the first general election
which shall he provided for by law,
three Judges Of the Supreme Court, to
succeed those first elected, shall be
chosen, ana Immediately after said
election, the judges elected thsreat
shall be classified by lot, 80 that one
shall hold his Office for two years, one
for four years, and one for six years.
The lot shall be drawn by the Judges,
who shall, for that purpose, assemble
Ut the seat of government, and they
shall cause the result thereof 10 be GER
titled to the Secretary Of State and
fled In his office. The Judge having
the shortest term to serve, not hold
Ing his office by appointment TO MI o
vacancy, shall be Chief Justice; and
shall preside at oil terms Of the Su-
preme Court, and In case of his alb
sence, the Judge having In like man
ner the next shortest term to serve
shall preside In his stead; aud here.
after one Judge or more, II the LegisIa.
tive Assembly shall increase the num-
Der TO five, shall be chosen every two
two years, but the term of office of no
Judge shall be more than six years.
And In case there shall he two Judges
whose terms shall expire at the same
time, they shall decide who shall be
Chief j. stice by lot.
Sec. o. There shall be O clerk of
the Supreme Court, who shall hold
his Office, except IN herein otherwise
provided, for the term of six Year,.
He shall be elected by the electors nj
large Of the State. and his compensa.
ton shall be fixed by law, and his
duties prescribed by law. aud by the
rules OF the supreme Court.
SEC. 10. No person shall be eligible
To the office Of Judge of the Supreme
Court, unless he shall have been nd.
mitted TO practice law In the Supreme
Court Of the Territory or State OF Mon.
tana, be at least thirty years OF age,
and citizen Of the United States; nor
unless he shall have resided In said
Territory or State ut least two years
next preceding his election.
DISTRICT COUNTS.
SEC. II. The district courts shall
have original Jurisdiction In oil cases
In equity, and In ell cases Ut law