, 1889-08-29

ARTICLE ".
THE JUDICIARY

fnUll w NcNle1 III u supreme court. superior
courts, justices Of the pencc and such inie-
rior courts MS the legislature may provide
SEC Z. The supreme court shall consist of
1--WE judges, mnlority Of whom shall bc nee.
dcSisI on ~ R TRc said St count % Shall iysY always be
open for the transaction of business except
on nonjudicial days. IN the determination
of carscs all decisions OF the court shall be
given in writing, and the grounds of the de.
cision shall be stated, The legislature may
increase the number OF Judges of the su.
prcme court from time tu time, and may
provide for separate departments OF said
court.
sac, 3. The judges Of the. supreme court
shall he elected by the qualified electors of
the state at large Mt the general stutc elcc.
tion ut the times and places nj which state
oliicers are elected, unless some other time
be provided by the legislature. Tho first
election Of Judges OF the supreme court shall
bc at the election which shalt bc held upon
the adoption OF this constitution, and the
Judges elected thcreat shall bc classified by
lot, so that two shall hold thcig oGlrc ioi the
term Of three years, two for the term NJ five
wears and one for the term cf seven years.
shall t0r that plTposc assemble ut the seat
ot Gorcrnmont, aud they shall cause the rc.
suit thereof 10 bo certified 70 the
secretary Of r, state aud 1led N
shortest term 10 serve, nu, holding his Office
. by glpOinuncnt OF election to i'll II vacancy.
shall hc the chlcf justice and shall preside
at all scssIons,oi The snprcmc court and In
case there shall be two judges having In like
manner the same short term tho other
/ Judges Of the supreme court shall determine
| which of them shall he chief justice. In
I case ol the absence Of the chief justice the
| Judge having IN like manner the shortest or
next shortest term to serve shall preside.
| After tho ilrst election the tcrms of Judges
lccted shall be six years from aud after the
second Monday In January next succeeding
/ their election. II u vacancy occur In the
ohcc Of q judge OF the supreme court the
governor shall appoint a person tu holdthc
office until thc election and qualification Of
u judge TO I'LL tho vacancy. which election
shall take place 90 the next succeeding gen.
| hold the office for the remainder Of the mn.
expired term. The term uf office of the
judges u the supreme court, iirst elected
shall commence as soon MS the state shall
have been admitted into the union, and
continue for the term herein provided, and
nnniii Their successors nrc elected and quail.
shall he held At the sent OF government until
othcrw !se provided by law.
SIC. Tho supreme coupt shall have
origlns jurisdiction In habcas corpus, and
quo wnrrunto ana mandamus MS To- all state
officers, aud appellate jurisdiction in all ac.
tions and prncsedinss, excepting that us
civil actions nt law for the recovery OF mon
cy or personal property when the original
amount IL! controversy, or the value OF the
property does not exceed the sum OF ZOO
unless tho action Involves the legality ei the
tax: impost, assessment, toll municipal fine
or the validity Of statute. The supreme
. NNNAa rihA eiH' navy lONtI W lssut Wits oil
corpus, certiorarl and all other writs ncces,
sary and, proper 20 the complete exercise OF
its appellate and revisory jurisdiction Each
OF the Judges shall have power 20 issue wrts
nj habeas corpus tn any part OF the state
upon petition ny or on behalf Of any person
heiH ~ acl.a, custody and may. make. such
writs rciurlable before himself or before
the supreme court, or befoII any superior
court OF the state or gny Judge thereof;
sGc. 2. There shall oc In each of the or.
I uuIIlItf1 Ia.f. a.k.
court for which ut least one Judge shall be
elected by the qualified elertor, OF the cn,iu.
" at the general state election. Provided,
that unitl otherwise directed by the icgisla.
ture ole Judge only shall bu elected for the
counties ot spokane and Stevens; one judge
!!9r the county ,oi whitman; one Judge ior
the counties OF IinCOin OknGOgan, Douglas
ani Adiams; Que ludgg Tor the counties Of
nc counties o. Columbia, Garfield aud
tas, Yakima and klickitat; Ouc Judge for
the culluties OF Clark, SkamHnia Pacific.
CowlltI and Makiasum; one Judge for the
counties OF ThurstOn, ChchGlIs, Mason ard
Lewis: One Judge for thr county OF Pierce;
one Judge for the couuty of King; one Judge
for ne counties OF Jefferson, Island. kitsap,
San Juan and Clallum and one fudge fnr
the counties OF Whn,elm Skaglt and Snu.
homish. In amy county where there shall
pc more than one superior Judge there may
pc % Us many scsslons OF the superior court Mt
the same time as thegc are Judges thereof,
and whenever the governor shall direct Il
superior Judge 70 hold court In any county
other thnil that for which he has
been elected there may he as many
sessions OF the superior court in said county
NJ the same time AS there are Judges therein
or ns,igned 10 duty therein by thegovernor,
tributcd aud assigned by law or IN the alb.
seiice ~ legislation therefor. by such rules
and orders nf court us shall best promote
transaction thereof. TIL, judgments dc.
crccs, orders aud proceedings of any session
Of the superior court held by any one or
more OF the judges Of such court shall be
equally efficient - II all the judges OF said
court presided Mt such session The frat sn.
perl9r Judges elected under this co,istltI,tiOn
years, and until their Successors shall b.
clciied aud qualified, aud thereafter the
term oi office OF all supeiIor judges In this
state shall be for four years from the second
Monday III January next succeeding their
election, and unt I their SUCCESSORS are elect
cd and qualified. The FIRST election of
1ndecs Of the superior rourt shall be a, ,he
election held for the adoption OF this const. |
tuition. vacancy occurs IN the office Of
judge oi tho superior court, the governor
shall appoint person TO hold the Office until
M the vacancy, which election shall bc at
the next succeeding general election, ond
the judges so elected shall 10 d office Tor the
remainder OF the uucSpired term.
,sEc q. Tho supreme court shall have
original jurisdiction N all cases In equity,
and IN ull cases ut law which involve the
!ibN I'hNNrNluH VI Ttul properly or Tic
legality of ANY tax, impost Assessment. Toll
or mlml lcipal fine, mud In all other cases in
which the demand or the value oi the prop.
erty III controversy amounts to 500, nnd IN
nll CRIMINAL cases amounting to felony and
In NIL cases of misdcmcanor not otherwise
provided for by law. OF actions OF forcible
cntry an.i urtnincri of proceedings In insol-
vchcyi OF actions to prevent or ubate a nuis-
nncc; OF nll matters OF probate, divorce aud
for annulncnt OF marriage: and such special
cases nild proceedings as are not otherwise
provided Tor, Tho superior court shall also
have original jurisdiction Ia all cascB and Of
all procccdings In which Jurisdiction shall
not have been by law vested exclusively In
the power Of naturalization and TO issue
papers therefor They shall have such appel
lnte jurisdiction In cases arising In Justices
aud other inferior courts IN their respective
counties ss may he prescribed by law They
snnli always be open except on non judicial
days, and their process hall extend 10 ali
parts OF tho state. Said courts and their
Judges shall have power to issue writs OF
mandamus, quo .warrnnto, review, certiorari,
prohibition md writs Of habcas corpus on
petition by or on behalf OF any person In act
functions aud writs OF prohibition and writs
on legal holidays and non-j judicial days.
SIC. q. The judge OF any superior court
may hold a superior court In any county at
the request oil the Judge Of the superior
court thereof, and upon the request of the
governor IL shall be hts duty 10 do 30. A
cnse IN the superior court may he tried by a |
Judge pro tcn,porc, who must he number
of the har, agreed upon IN writing hy the |
parties litigamt, or their attorneys on record,