Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1889-03-07
ARTICLE v.
JUDICIAL DEPARTMENT.

JUDICIAL DEPARTMENT..
SECTION L. The judicial powers of the 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 incorporated towns.
SUPREME COURT.
Sec. 2. 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 gem
eral experimenting control over all inferior
| courts under such regulations and limitations
as may be prescribed by law.
SEC. 8. The supreme court and the judges
thereof shall have power to issue writs of ha-
beas corpus. The supreme court shall also
| have power to issue writs of mandamus, 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 circuit court for trial before q
jury.
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, as here
matter provided.
SEC. 6. The number of said judges and dis
tricts NAV, after five years from the admission
of this state under this constitution, be in
creased by law to not exceeding five.
Sec. T. A majority OF the judges OF the su-
preme court shall be necessary to form quo
| rum or to pronounce decision but one or
| more of said judges may adjourn the court from
day to day to a certain day.
Sec. g. The term of the judges OF the SUI
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. g. The judges of the supreme court shall
by rule select from their number a presiding
judge, who shall act as such for the term pre-
seribed by such rule
SEC. TO- No person shall be eligible to the
office of judge of the supreme court unless he
be learned i'll the law. be Mt least 30 years OF
he shall have resided in this state or the terri
tory at least two years next preceding
his election, and at the time Of his
election be resident OF the district
from which he is elected, but for the
purpose of reelection no such judge shall be
deemed to have lost his residence in the district
by reason of his removal to the seat OF govern
ment in the discharge Of his official duties
SEC. IL. Until otherwise provided by law. the
dis; riots from which the said judges of the su-
preme court shall be elected, shall be consti-
tuted as follows:
First district-Al1 that portion of the state
living west of the Mi souri, river.
Second district-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. IL. There shall be clerk and also re-
porter Of the supreme court who shall be Q, APP W
hold Office during the pleasure of said Judges,
and whose duties and emoluments shall be pre-
scribed by law and by the rules OF the supreme
ture shall make provision for the publication
and distribution of the decisions OF the SUI
preme court, and for the sale of the published
volumes thereof No private person or corpor-
alton shall be allowed to secure any copyright
| to such decisions, but If any copyrights are Sc.
| cured they shall inure wholly to the benefit OF
| the state.
| SEC 49, The governor shall have authority to
| require the opinions Of the judges OF the su-
| preme court upon important questions Of law
involved in the exercise of his executive powers
and upon solemn occasions.
CIRCUIT COURTS
SEC A. The circuit courts shall have original
| jurisdiction of oil actions and causes, both at
law and in equity. and such appellate jurisdic-
tion as may be conferred by law and consistent
| with the constitution; such jurisdiction as to
| value and amount and grade of offense may be
| limited by law. They and the judges thereof
shall also have jurisdiction and power to issue
| writs of habeas corpus MAJ damus, quo war
| ranto, certiorari, injunction and other original
| and remedial writs, with authority to hear and
| determine the same.
SEC. Is. The state shall be divided into judi
| cial circuits, in each OF which there shall be
elected by the electors thereof one judge of the
circuit court therein, whose term of Office shall
| be four hears.
SEC. 16. Until otherwise ordered by law said
1
First circuit-The counties of Union, Clay,
Yankton, Bon Homme, Hutchinson, Charles
Second circuit - The counties of Lincoln,
Turner, Minneahaha, McCook Moody, Lake and
| Miner.
| Kingsbury, Deuel.. Hamlin, Codington, Clark,
| Grant, Marshall, Roberts, Day, and the Wahpe-
ton and Sisseton reservation, and all that strip
| of territory included between the north
line of the counties of Day and Roberts and the
forty-sixth parallel of north latitude
Fourth circuit-The counties OF Beadle San
| born, Dawson, Aurora. Brule, Buffalo, Jerauld
and Hanson.
Fifth circuit-The counties OF Brown, Hand,
Hyde, Hughes, Sully, Potter, Faulk, Edmunds,
| Walworth Campbell, Mcpherson and Sphinx,
and all that portion of said state lying east of
the Missouri river not included in any other
| judicial circuit.
Sixth circuit-All that portion of the said
state lying west of the Missouri river.
SEC II. The legislature may, whenever two
thirds of the members of each house shall con-
cur therein increase the number OF judicial
circuits and the judges thereof, and divide the
state into judicial circuits accordingly, taking
care that they be formed OF compact territory
and be bounded by county lines, but such in
crease of number or change in the boundaries
of districts shall not work the removal of any
Judge from his office during the term for which
he shall have been elected or appointed.
Sec. 10. Writs of error and and appeal may DC
allowed from the decisions of the circuit courts
to the supreme court under such regulations az
l'.. COUNTY COURTS.
Sec 10. There shall be elected in ench organt
!, | lied county county judge, who shall be judg-
of the county court Of said county, whose tern
of Office shall be two years, or until otherwise
| provided by law.
SEC 90 County courts shall be courts of rec
ord and shall have original jurisdiction in al
matters of probate guardianship and settle
, | ment of the estates of deceased persons ant
! such other civil and criminal jurisdiction a!
may be conferred by law, provided that sucl
/ court shall not have jurisdiction in any cas-
, where the debt, damage, claim or value o
/ property involved shall exceed one thousant
/ | dollars, except in matters of probate guardian
ship and the estates OF deceased persons
> Writs of error and appeal may be allowed from
county to circuit courts, or to the suprem
, court in such cases and in such manner as ma.
, be prescribed by law provided that no appea
) or writ of error shall be allowed to the Circuit
. court from any judgment rendered upon an eI
peal from a justice OF the peace or police mhe
4 | istrate for cities or towns.
4 SEC. 81. The county court shall not have Ju
| rsdiction In cases OF felony, nor shall crimina
z cases therein be prosecuted by indictment bu
4 | they may have such jurisdiction In crimina
matters, not of the grade OF felony as the legis
: lature may prescribe, and the prosecution
i therein may be by information or otherwise a
Q the legislature may provide.
: JUSTICE OF THE PEACE
= SEC. %. Justices Of the peace shall have sue
|, jurisdiction as may be conferred by law, bu
they shall not have Jurisdiction Of any cas-
= | wherein the value OF the property OF. tn
Il amount In controversy exceeds the sum 81 on
= hundred dollars, or where the boundaries {
: title to real property shall be called in que
! tion.
!. SEC %. The legislature shall have power
b provide for creating such police magistrates Il
q cities and towns as may be deemed from tin
! to time necessary. who shall have iurisdiotio