Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-03-15
ARTICLE v.
JUDICIAL DEPARTMENT.

SECTION 1. The judicial powers of tho state,
except as in this constitution otherwise provid-
ed, 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 ncorpor ated towns.
SUPREME COURT.
SEC. g. The supreme court, except as other
wise provided in this constitution, shall have
appellate jurisdiction only, which shall be CO.
extensive With the state, and shall have q gen.
eral experimenting control over oil inferior
courts, under such regulations and limitations
as may be prescribed by law.
SEC. g.. The supreme court and the judges
thereof shall have power to issue writs OF aa-
beas corpus. The supreme court shall also
have power to issue writs of mundamus, quo
warranto, certiorari, Injunction, and other
original and remedial writs, with authority to
hear and determine the same in such cases and
under such regulations as may be provided 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 q circuit court for trial before a
jury.
SEC. 4. At least two terms of the supreme
court shall be held each year at the seat of
government.
SEC. S. The supreme court shall consist of
three judges. to be chosen from districts by
qualified electors of the state at large ms here
matter provided.
SEC. 6. The number of said judges and dis
tricts may, after five years from the admission
~.
creased by law to not exceeding FIVE.
SEC. z. A majority of the judges of the su-
preme court shall be necessary to form q quo
rum or to pronounce decision, but one or
more OF said judges may adjourn the court from
day to day to Il certain day.
SEC. g. The term OF the judges Of the su-
preme court, who shall be elected at the first
election under this constitution, shall be four
years. At all subsequent elections the term of
said judges shall be six years.
SEC. O. The judges of the supreme court shall
@1ons.
judge, who shall,act us such for the term pre-.
scribed by such rule.
SEC. 10. No person shall be eligible to the
Office of judge of the supreme court unless he
be learned in the law. be ut least 30 years of
age, a citizen of the United States, nor unless
ne shall have resided in this state or the terri
bs Ie s% ~ years thu next ss m
election be q resident of the district
from which he is elected, but for the
OF no such judge shall be
oy reason OF his removal to the seat of govern
ment in the discharge Of his official duties.
SEC. II. Until otherwise provided by law, the
districts from which the said judges Of the SUI
preme court shall be elected shall be consti.
tuted as follows:
First district-All that portion of the state
lying west of the Mi ssouri river
Second dstrict-All that portion of the state
lying east of the Missouri river and south of the
second STANDARD parallel.
Third district-All that portion of the state
lying east of the Missouri river and north of
the second standard parallel
SEC. II. There shall be clerk and also re-
porter OF he supreme court, who shall be up
pointed by the judges thereof and who shall
hold othce during the pleasure of said judges
ana whose duties and emoluments shall lie pre-
scrlDet by law, and by the rules of the supreme
court not inconsistent with law. The legisln-
tilra shall make provision for the publication
and distribution OF the decisions OF the su-
volumes thereof No private person o: corpor-
alton shnll be allowed to secure any COPYRIGHT
10 such decisions. but if any copyrights are Sc
cured they shall inure wholly to the ben. fit of
the state.
SEC. Is; The governor shall have authority to
require the opinions of the judges Of the su-
pfeme court upon important questions Of law
involved in the exercise of his executive powers
ana upon solemn occasions
CIRCUIT COURTS
SEC; l.: The circuit courts shall have original
jurisdiction OF all actions and causes bofh MI
NV! INV ana IN equity and snch appellate iurisdic-
tlon as may be conferred by law and Consistent
WIN the constitution such jurisdiction ag to
value and amount and gr ide of otielise NAV be
limited by law. They and the judges thereof
small also have jurisdiction and power to iss,1e
wflts OF habeas corpus, ina dnlnus quo war
ranto, certiorari, injunction and other original
and remedial writs with authority to bamr and
determine the same
SEC 10. Tho state shall be divided into i,,di
cial circuits, in each OF which there s,ail be
elected by the electors thereof one Judge of the
circuit court therein, whose term of office shall
be four hears,
SEC. l6. Until otherwise ordered by law said
circuits shall be six In number and constituted
us follows, viz:
First circuit-The counties of Union. CLAY.
1Y,ankton, Bon Homme, Hutchinson, Charles
Mix and Douglas.
=, Second circuit - The counties of Lincoln.
turner, Minneahaha, McCook, Moody Lake and
Miner. 'no ~
= Third circuit-The counties of Brookines
kingsbury Deuel.. Hamlin, Codinston. CLARK
Grant, Marshall, Roberts, Day. and the Wahpe.
ton and Sisseton reservation and all that strin
OF territory now included between the north
line OF the counties of Day and Roberts and tho
1orty-siXth parallel of north latitude,
foufth clrcult-The counties of Beadle San