Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1889-10-03
LEWISTON EEeAN0 TEu s1T0RH. WsnAX. NsronEE
or THG STATE
CT IDAHO.
[Cont,nucd from last lcesk
ARTICLE Y.
JUDICIAL DEPARTMENT..

SEC. l. The distinctions between
actions at law and suits in equity, and
the forms Of all actiors and suits, are
hereby prohibited ard there shall be in
this State but Que form Of action Tor the
enforcement or protection OF private
rights, or the redress Of private wrongs,
which shall be dcnomnated civil
action; and every action prosecuted by
the people of the State as n party,
against a person charged with public
ofiensc, for the punishment o. the same,
shall be termed a criminal action.
Fecncd issues are prohibited, and the
fact at issue Shall be tried by order of
Court before jury.
SEC. =. The judicial power of the
State shall be vested in Court for the
tlial Of impcachmcuts, u Suprcme Court,
District Courts, Probate Courts, Courts
Of Justices Of the Peace, and such other
Courts inferior to the Snrrcmc Crur. az
may be established by low for any in
corporated city or town.
SEC. 5. The Court for the trial of
impeachmcuts shall be tho Senate. a
majority Of the members elected shall be
; necessary to a quorum, and the Judge.
mcnt shall not extend beyond removal
from, and disqualification to hole Office
in this State but the party shall be
liable to indictment and punishment ac-
cording to law.
Sec. 4. The House of Representatives
solely shall have the power OF impcach
mcnt. No person shall be convicted
without the concurrence of two-thrds OF
| the Senators elected When the Cover
nor is impeached the Chief Justice sbal
preside.
SEC 5. Treason against the State
shall consist only in levying war agains,
it, or adhering to its enemies, giving
them aid and comfolt. No person shol
be convicted of treason unless on The
testimony of two witnesses to the same
overt act, or ou confession in open conrt.
No conviction of treason or attaindel
shall work corruption Of blood OF FOR
feiture of estate.
SEC 6. The Supreme Court shsl
consist Of three Justices, majority o
whom shall be necessary to make I
quorum or pronounce a decision. Th'
Justices OF the Supreme Court shall b.
elected by the electors Of the State a
large. The terms of offica of the Justice
of the Supreme Court, EXCEPT as in thi
article otherwise provided, shall be 81,
years. The Justices of the Suprem
Court shall, Immediately after the FRS
election under this Constitution, b.
selected by lots, SO that one shall hol'
his Office for the term OF two years, on
for the term Of four years, end one 70
the term Of six years. The lots shall b.
drawn by the Justices Of tho Suprem
Court, who shall, for that purpose, as-
scmble at the seat of government, ant
they shall cause the result thereof to b
certified to by the Secretary OF State ans
fled in his Office. The Justice haviu,
the shortest term to serve, not holdin
his Office By appointment or election t
fill vacancy, shall be the Chief Justice
and shall preside at all terms Of tn
Supreme Court, ard, in case of bis al
scnce, the Justice having in like manne
the next shortest term to serve sha
preside in his stead.
SEC. Z. No Justice &c the Suprem
Court shall be eligible to any other of1ic
Of trust or profit under the laws Of thi
State during the term for which he wa
elected.
i SEC. 8. At least four terms Of th
Supreme Court shall DO held annually
two terms At the seat of State govern
mcnt, aud two terms at the city @
Lewiston, Nez Perce county. In case O
epidemic, pes.iieuce or destruction G
court houses, the Justices may hold th
terms Of the Supreme Cou't provided b
this section at other convenient places
TO be fixed BY a majority Of said Justices
After six years the Legislature may alte
the provisions Of this section.
SEC. 9. The Supreme Court shal
have jurisdiction to review, upon appeal
any decision of the District Courts, o
the Judges thereof. The Suprem
Court shall also have original jurisdiction
to issue writs of mandamus, certiorari
prohibition and babeas corpus. aud al
writs necessary and proper to the com
plete exercise Of its appellate jurisdiction
| SEC. 10. The Supreme Coart shal
have original jurEdiction to hear olaim'