Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1889-10-17
CCNETTTUTION OF THE STATE
OF IDAHO.
Continued from last geek
ARTICLE XIV.
MILITIA.

SECTION l. All able bodied male
persons, residents Of this State, between
the ages of eighteen and forty five years,
shall be enrolled in the militia, and per.
form such military duty as may be
required by law but no person having
conscientious scruplcs against bearing
arms, shall be compelled to perform such
duty in time of peace. Every person
claiming such exemption from service,
shall in lieu thereof, pay into the school
lund of the county Of which be may be a
resilient, an equivalent in money; the
amount aud manner of payment to be
fixed by law.
SEC. 2. The Legislature shall pro-
vide ly law for the enrolment, equip
'nent and discipl Of the militia, to con.
iorm as ncarly as practicable to tho
regulations for the government of the
armies Of the United States, and pass
such laws TO promote volunteer organiza.
tons as may afford them ,ilectual en-
coursgement.
SEC. 3. All militia officers shall be
commissioned by the Governor, the
manner Of their selection to be provided
by law, and may hold their commissions
for such period of time as the Lcsisla
tune may provide.
SEC. 4. All military records, banners
and relies of the State, except when in
lawful use, shall be preserved in the
Office of tho Adjutant General, as an
enduring memorial OF the patriotism and
valor of the soldiers Of Idaho aud it
shall be the duty of the Legislature to
provide by law for the safe keeping of
the same.
SEC. 5, All military organizations
under the laws OF this State, shall carry
no other device, banner, or flag, than that
of the United States, or the State of
Idaho.
SEQ. 6. No armed police force or
detective agency or armed body Of men
shah ever be brought into this State for
the suppression Of domestic violence,
except upon the application Of the
Legislature or the executive when tie
Legislature cannot be convened.
ARTICLE XIV.
WATER RIGHTS.
SECTION ]. The use OF all waters
now appropriated, or that may hereafter
be appropriated for sale, rental or distri
button; also Of all water appropriated
for private use, but which after such
appropriation has heretofore been, or may
hereafter he sold, rented, or distributed,
is hereby declared to be public use, ard
subject to the regulation and control of
the State in the manner prescribed by
law.
Sec. 2. The right to collect rates or
compensation for the use of water sup.
piled to any county, city, or town, or
water district, or the inhabitants thereof,
is franchise, aud cannot be exercised
except by authority of, aud in the manner
prescribed by law.
SEC. 3. The right to divert and
appropriate the unappropriated waters of
any natural stream to any beneficial uses
shall never be denied. Priority Of ap
preparation shall give the better right as
between those using the water; but when
the waters Of any natural stream are not
sufficient for the service of all those
desiring the use Of the same, those using
the water for domestic purposes shall
(susject to such limitations as may be
prescribed BY law have the preference
over those claiming for any other pur.
pose. and those using the water for
agricultural purposes shall have prefer
ence over those using the same for
manufacturing purposes. Aud in any
organized mining district, those using the
water for mining purposes or milling
purposes connected with mining, shall
have preference over those using the
same for manufacturing or agricultural
purposes. But the useage by such
subsequent appropriations shall be subjec,
to such provisions Of law regulating and
taking Of private property for public and
private use, as referred to in Section IA,
Of Article l of this Constitution.
SEC. 4. Whenever any waters have
been, or shall be appropriated. or used,
for agricultural purposes, under . sale,
rental or distribution thereof, such sale,
rental or distribution shall be deemed an
exclusive dedication to such use; and
whenever such waters 90 dedicated shall
have once been sold, rented or distributed
to any person who has settled upon or