Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1889-09-20
CONSTITUTION
STATE OF IDAHO.
OF THE
fREAMBLR.

70 Almighty dod for our freedom. to secure il
iSasss s sSs SSl common welfare
ARTICLE
DECLARATION OF RIGHTS.
SECTION l.. All men are by nature free ant
equal. and have certain inalienable rights
among which are enjoying and defending Life
safety. ' Pun ' "pp'"''' anu securing
SEC. 2. All political power is inherent in thu
people. Government Is Instituted for their equa
protection and benefit, and they have the right
70 alter, reform or abolish the same, whenever
they may deem 1t necessary; and no special
privileges or immunities shall ever be granted
that may not be altered, revoked or repealed by
the Legislature.
SEC. g. The State OF Idaho Is an inseperable
part OF the American Union, and the Constitli.
ton Of the United States is the supreme law OF
SEC. 4. The exercise and enjoyment of relig.
lous faith aud worship shall forever be guarafl-
teed and no person shall be denied any civil or
account his p' religious oe ehpasisy baa
the liberty OF conscience hereby secured
s saah. not Be- construed to dispense with
RIGHTEOUSNESS or justify polygamous or other
pernicious practices, Inconsistent with morality
or the peace or safety Of the State; nor to permit
rectly or Indirectly aid or abet counsel or ad-
wise, any person to commit the crime of bigamy
or polygamy, or any other crime. No person shah
be required to attend or support any ministry
or place of worship. religious sect or denomi-
nation. or pay tithes against his consent; nor
religious determination Of mode Of Jaw wo 70 aIhy
Bigamy and polygamy are forever prohibited In
the state, and the Legislature shall provide by
law for the punishment OF such crimes.
SEC. 8. The privilege of the writ of habeas cor
pus shall not be suspended, unless, In case Of
rebellion or invasion, the public safety requires
II, and then only In such manner as shall be pre-
scribed by law.
Gent sureties, except for capital offenses, where
the proof Is evident or the presumption great
Excessive ball shall not be required, nor exces.
siye fines imposed nor cruel and unusual punish
ments inflicted.
SIC. z. The right OF trial by Jury shall remain
inviolate; but In civil actions three-fourths OF
ne Jury may render verdict and the Legls-
demeanors hve-sixths Of the Jury may render
verdict, A trial by jury may be waived in all
criminal cases not amounting to felony, by the
consent OF both parties, expressed In open Court;
and In civil actions, by the consent OF the parties
signihed In such manner as may be prescribed
by law. In civil actions and cases of misdemeanor
the Jury may consist Of twelve, or OF any number
less than twelve upon which the parties may
agree In open court.
SEC 8. No person shall be held to answer
for any felony or criminal offense of any grade
unless on the presentment or Indictment of q
grand jury or on information of the public
prosecutor, after a commitment by magistrate,
except In cases OF impeachment, In cases
equitable by Probate Courts or BY Justices of
the Peace, and In cases arising In the militia
when In actual service In time Of war or public
danger: Provided, That q grand Jury may be
summoned upon the order OF the District Court
In the manner provided by law: And, PROVIDED
that after charge has been cen By
or for trial therefor upon information OF the
Public Prosecutor
SEC. 2, Every person may freely speak, write
and publish, on all subjects, being responsible
for the abuse of that liberty.
SEC. TO- The people shall have the right to
assemble In peaceable manner to consult for
their common good; to instruct their represent
atives, and. to petition the Legislature for the
redress OF grievances.
SEC. II. The people have the right to bear
Legislature shall regulate the exercise Of this
right by law.
SEQ. 12. The military shall be subol dinate
to the civil power; and no soldier In time Of
peace shall be .quartered In any house without
tae consent OF Its owner, nor In time of war ex-
cept In the manner prescribed by law
SEC. 49, In all criminal prosecutions, the
party accused shall have the right to a speedy
and public trial. to have the process Of the Court
20 compel the n attendance Of witnesses in his be-
with counsel.
No person shall be twice put In jeopardy for
nal case to be witness agair st himself nor s1r be-
deprived OF life, liberty or property without due
process OF law.
SIC. Il, The necessary use OF lands for the
for the purposes OF irrigation, or for rights OF
way for the construction OF canals, bitches,
numes or pipes, TO convey water to the place Of
use, for any useful, beneficial or necessary pur-
pose, or for drainage; or for the drainage Of
mines, or the working thereof, by means OF roads,
railroads, tramways cuts. tunnels, shafts, hoist
their complete development, or any other use
ne cessary TO the complete development Of the
material resources OF the State, or the preserva
ton OF the health Of Its inhabitants, Is hereby
declared TO be public use, and subject to the
and control OF the State.
Private property may be taken for public use.
but not until Just compensation, to be ascer-
aimed In a manner. prescribed by law. shall be
paid therefor.
SEC is. There shall be no imprisonment for
iebt In this State except In cases of fraud.
SEC l6. No bill OF attalnder, ex post facto |
aw,. or law impairing the obligation Of contracts
shall ever be passed
SEC II. The right OF the people to be secure |
IN their persons, houses, papers and effects |
shall not be violated; and no warrant shall Issue
without probable cause, shown by affidavlt, |
PARTICULARLY describing the place to be searched
md the person or thing to be seized.
Sec. Is. Courts of Justice shall be open to |
svery person, and speedy remedy afforded for |
,very injury o. p person, property or character. |
ma rGnt amd us Saas sna De with
SEC. 10, No power. civil or military, shall at |
my time interfere with or prevent the free and |
awful exercise Of the right Of suffrage.
SEC. 20. No property qualification shall ever |
De required for any person to vote or hold office
Except In school elections or elections creating
SEC. 81. This enumeration of rights shall not |
70 construed to impair or deny other rights re- |
aimed by the people.
ARTICLE H.
DISTRIBUTION OF POWERS.
SECTION !. The powers of the government OF |
his State are divided into three distinct depart.
nents: The Legislative, Executive, and Ju- |
iicial; and no person, or collection OF persons,
,harged with the exercise OF powers properly |
belonging to one OF these departments, shall |
exercise any powers properly belonging to either |
" the others, except as In this Constitution ex-
,rcssy directed or permitted.
ARTICLE III.
m LEGISLATIVE DEPARTMENT.
SECTION 1. The Legislative power of the |
,tate shall be vested In Senate and House OF |
,ili shall be as follows: "Be It enacted by the |
legislature Of the State Of Idaho"
SEC. O. The Senate shall consist OF eighteen |
members and the House Of Representatives OF |
hirty-six members. The Legislature may In |
rsase the number Of Senators and Rspresent- |