The Dickinson press., 1889-08-24
ARTICLE ~.
JUDICIAL DEPARTMENT..

->orlh ioakota snail he vested in IL supreme
court, district courts. county courts, justices
may be created by law for cities, incor-
pCrated towns and villages.
+ al. The supreme court. except as
otherwise provided in this Constitution,
shall have appellate jurisdiction only,
which shall he c~o-eXtensive with the state
ana snail a a general experimenting
control over all inferior courts under such
regulations and limitations as may be prc.
scribed by law.
SEC. %; IL shall have power to issue
wrlts of habeaS corpus. m%andamus, quo
warranto. ceItl0rari,% Injunction, and such
other original and remedial writs us may
be necessary to the proper exercise of its
jurisdiction, and shall have authority to
hear and determine the same; provided,
however, that no jury trials shall b. al
lowed i'll said supreme court, but in
proper eases questions of fact may he sent
by sad court to a district court for trial.
SEC. sS. Until otherwise provided by
law three terms of the supreme court shall
be held each year, one at the seat govern
ment. one at Fargo, in the county of Cas-.
ana one at Grand Forks, IN the county OF
Grand Forks.
nEt. ~. The supreme court shall consist
OF three Judges, a majority of whom shall
he necessary to form u quorum or pro-
nounce a decision. but ont or more of said
Judges may adjourn the court from day to
day or to a day certain.
court shall be elected by the qualified cleo
tors or the state at large, and exceptas may
be otherwise provided herein for the first
election for judges under this Constitution,
said Judges shall be elected at general
elections.
SEC. 81. The term o fofiice of the judges
OF the supreme court. except as in this ar.
ticle otherwise provided, shall be six years,
n they shall hold their Offices until their
successors are duly qualified,
SEC. ". The judges of the supreme court
shall, Immediately after the first election
under this Consultation, be classified by lot
so that one shall hold his Office for the term
OF three years,one tor the term of five years
ana one Tor tile termOf seven years trOIntIn.
first Monday in December, A. ID. 1899. The
lots shall be drawn by the Judges who shall
for thai purpose assemble at the seat of
government. and they shall cause the re-
suit thereof to bccertitied to the Secretary
OF the territory and filed in his office unless
the Secretary of State of North Dakota
shall have entered upon the duties OF his
n~tflcr,ili which event said ratification Shall
be filed therein. The Judge having the
shortest term to serve, not holding his
office by election or appointment to fiji a
vacancy. shall ne chief justice and shall
preside at ali terms vi the supreme court
and in case OF his absence the Judge having
in like manner tue next shortest term 1,
sery" shalt preside in his stead.
SEC. ~. There shall b. Il clerk and al>t
a reporter OF the supreme court, who shall
be appointed by the Judges thereof, and
who shall hold their Offices during til,
pleasure of said judges, and whose duties
and rmoluments shall be prescribed by law
not inconsistent with law. The LegisIi-
tive Assembly shall make provision fol
the publication and distribution Of tn,
decisions ot the supreme court and tor tn,
sale of the published volume, thereof.
SEC. "a. No person shall be eligible 4,
the office of Judge of the supreme colr,
uIilrS, he be learned in the law. be at leae,
thirty years of age and Il citizen of ti!.
United States. nor unless he shall has,
resided in this state or Territory of Dakota
three years nrSt preceding his r.crtion.
SEC. -. Whenever the population OF
the stat" of North Dakota shall equal siS
hundred thousand the Legislative Assem-
bly, shall nave The power to increase III,
number of the Judges of the supreme colr
Ia five. in which event a majority of said
count. As thus increased. shall constitute /;
quorum.
SEC. 9i. No duties shall be imposed b,
law upOi! the supreme court or any OF IN,
judges thereof. except such as arr judirlai
nor shall amy of the Judges thereof r|xcrcis,
any power of appointment except as herein
provided.
SEC. %. The style of all process shall
b" The State of North Dakota" All prose
cutionS shall fr carried OH in the name and
by til" authority OF the state of Nurtl. Da.
ko,a. and conclude against the peace and
I dignity of Tn State of $orth Dakota"
SEC. Is. Any vacancy happening by
death. resignation or otherwise in the office
nf juig" of the supreme court shall he filled
by appointment, by the Governor, when
appointment stall continue until the first
genera. election thereafter. when said va
cascy shall be flied by election.
SEC. 80 The judges of the supreme and
district courts shall receive slch comprn
>ation for their services as may b. pre-,
scribed b: law. which compensation shall
not be increased or diminished during the
term for which a judge shall have been
elected.
SEC 100. In case Il Judge of the supreme
court shall be i'll any way interested in
a calSt brought before said court, the re.
naming Judges of said cour shall call ont
of the district judges to sit with them on
the hearing of said cause.
SEC. l0l. When IA judgment or decree is
reversed or confirmed by the supreme court
every point fairly arising upon the record
nf the case shall be considered and decided.
and TIE reasons therefor shall be- conciscly
stated in writing, signed by the judges
concurring, filed in the Office OF the clerk
of the supreme court and preserved with (;
rannrI NJ tho noru Apy i,Jvn L;e..,t;,,