Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-09-25
ARTICLE vi.
Judicial Department.

Section l. The judicial powers of the
state, except as in this constitution 9TH
erwise provided, shall be vested in a
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,
which shall be c~o-eXtenSive with the
state. and shall have Il general superin-
tending control over all inferior courts
under such regulations and limitations
as may be prescribed by law.
Sec. 3: 1t shall have power to issue
writs of habeas corpus. 1t shall also
have power to issue Writs OF man
damus, quo WarrantO, c%ertiorari. in
junction and other original and rene
dial writs, with authority to hear and
determine 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 a circuit court for trial before
a jury.
Sec. 4. At least two terms Of the SUI
preme court shall be held each year at
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
districts may, after five years from the
taking effect of this constitution, be
increased 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 Adhesion,
but n or more of said judges may
to a day certain.
Sec. s. The judges of the supreme
court shall Immediately after the first
election under this constitution, and
their taking Office, be classified by lot so
that n shall hold his office for the
term Of two years, one for the term Of
three years, and II for the term Of
four years, from and after the first
Monday Of January succeeding their
election. The lot shall be drawn by
the judges, who shall for that purse as
semble at the seat OF government, and
they shall cause the result thereof to be
certified to the secretary OF state and
filed in his office.
Sec. 8. The judge having the shortest
term to serve, not holding his office by
appointment or election to fill a
vacancy, shall be the chief justice, and
shall preside at all terms OF the SUI
preme court; and in case OF his absence,
the judge having, in like manner, the
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side in his stead.
Sec. 10. The terms Of office Of all
Judges OF the supreme court, elected
after the said first election, shall be four
years, except as herein provided. In
case Of the reelection of a judge then
holding such office, the second term of
such jIIdge shall be eight years. And
if any such judge shall have served
two full terms, and shall be reelected
for the third term while still in such
Office, his third term shall be twelve
years.
Sec. IL. Provision may be made by
law for the voluntary retirement Of
any Of said judges at any time after
they shall have arrived at the age OF
seventy years; provided, that the Judge
so retired shall have been in the actual
discharge of his duties as such judge
for at least sixteen years Immediately
preceding such retirement.
Sec. IL. No person shall be eligible
to the office Of Judge OF the supreme
court unlesslhe be learned in the law.
be at least thirty years of age, and a
citizen OF the United States, nor unless
he shall have resided in this state or
the territory ut least two years next
preceding his election, and at the time
Of his election be a resident OF the dis
trict for which he is elected; but for
the purpose OF a reelection no such
Judge shall be deemed to have lost his
residence in the district by reason OF
his removal to the seat of government
in the discharge OF his official duties.
Sec. ID. Until otherwise provided by
law, the districts from which the said
Judges of the supreme court shall be
elected shall be constituted as follows:
First District-All that portion of