Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1889-03-06
ARTICLE Y.
JUDICIAL DEPARTMENT.

JUDICIAL DEPARTMENT.
BEcT1oN /. The judicial powers Of the etats,
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.
COURT.
Sec. Q. 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 a gen
eral experimenting control over all inferior
courts, under such regulations and limitations
as may be prescribed by law.
SEC. 3. 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 wrifs Of manda,nus, quo
warranto. eertiorari, injunction. and other
original and remedial writs, Will 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
DO allowed in said supreme court, but, in
proper cases, questions Of fact may be sent by
said court to a circuit court for a 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. ). 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. G. The number Of said judges and dis
tricts may, after five years from the admission
of this state under this constitution. be in
creased by law TO not exceeding five.
SEC. z. A majority of the judges of the SUI
peIne court shall be necessary to form a quo
rum or to pronounce n decision, but one or
more OF said judges may adjourn the court from
day to day to a certain day.
SIC. 9. The term Of the judges Of the su-
pre1ne court, who shall be elected at the first
election under this constitution. shall be four
years. AT all subsequent elections tho term Of
said judges shall be six years.
SEC. 9. The judges OF the supreme court shall
by rule select from their number a presiding
seribed by such rule.
SEC. 10. No person shall be eligible to the
office of Judge OF the supreme court unless he
age. a citizen Of the tinted States, nor unless
he shall have resided in this state or the terri
tory at least two years next preceding
e ehs e,s''' Se a a resident an ' os s al@e d Gs hss
from which he is elected, but for the
purpose OF re- election no such judge ehall be
by 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
dis ricts from Which the said judges Of tho gu
preme court shall be elected. shall be consti-
tuted a. follows:
First district that portion of the state
lying west OF the Mi. souri, river.
second district-All that portion of the state
lying east OF the Missouri river and aouth OF tina
second standard parallel.
Third district-Al that portion Of the state
lying east OF the Missouri river and north OF
the second standard parallel.
SEC. II. There shall be a clerk and also a re-
pointed by the judges thereof. and who shall
hold Office during the pleasure OF said judges,
and whose duties and emoluments shall be pre-
seribei by Law, and by the rules Of the s1prems
tare shall make provision flor the publication
and distribution OF the decisions Of tho su-
rreme 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 il any copyrights are Sc
cured they shall inure wholly to the benz t OF
the state.
SEC. 13. The governor shall have authority to
require the opinions OF the judges of the su-
pre,ne court npon important questions OF law
involved in the exercise Of his executive powers
and upon solemn occasions.
CIRCUIT COURTS.
SEC. II. The circuit courts shall have original
jurisdiction OF all actions and causes, both vt
law and in equity, and such appellate %jurisdic-
ton as may be conferred by law and consistent
with tho constit ution such jurisdiction as to
value and amount and gr ide of offense may be
limited by law. They and the judges thereof
shall also have Jurisdiction and power to issue
writs OF habeas corpus. ma damus. quo war
ranto. certiorari, injunction and other original
and remedial writs, with authority to hear and
SEC. Is. The state shall be divided into judi
cial circuits, in each of which there shall bo
elected by the electors thereof one judge Of the
circuit court therein, whose term Of Office shall
SEC. l6. Until otherwise ordered by law said
circuits shall be six IN number and constituted
as follows, viz:
First circuit-The counties OF Union, Clay,
Yankton. Bon Homnie, Hutchinson, Charles
Mix and Douglas.
Second circuit - The counties Of Lincoln,
Turner, Ainneahaha. McCook, Moody, Lake and
Miner.
Third circuit Tn counties Of BrookinGs,
Kingsbury, Deuel.. Hamlin, Codington, Clark,
Grant, Marshall, Roberts. Day, and the Wahpe-
ton and 6isseton reservation, and all that strip
of territory now included between the north
line Of the counties OF Day and Roberts and the
forty-sixth parallel Of north latitude.
Fourth circuit-Thec counties Of 6eadle, Sem
born, Dawson, Aurora. Brule. Buffalo. JcrAuld
Fifth circuit-The counties OF Brown, Hand,
Hyde. Hughes. Sully, Potter, Faux. Edmunds,
Wnlworth, Campbell, Mcpherson and Sphinx.
and all that portion OF said state lying east o.
the Missouri river. not included In any other
judicial circuit.
sixth circuit-Al hat portion Of the said
state lying west Of the Missouri river.
thirds OF the members Of each house shhll con-
eur therein, increase the number OF judicial
circuits and the jndees thereof. and divide tho
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
judge from his Office during the term for which
he shall have been elected or appointed.
SEC. is; writs Of error and and appeal may be
uiAo AAoAAA saw vi %AO <4s y"
to the supreme court under such regulations -
may be prescribed by law.
ouNTY COURTS.
SEC. 10. There shall be elected In each oTgnBs
lied county county judge, who shall be judy
Of the county court Of said county, whose term
Of Office shall bo two years, or until otherwise
SEC. %. County courts shall be courts al rec.
ord and shall have original jurisdiction in all
matters Of probate guardianship and settle
ment Of the estates OF deceased persons and
such other civil and criminal iurisdiction as
may be copisrred by law. provided that such
| whore the debt, damage. claim on value Of
property involved shall exceed one thousand
dollars, except IN matters Of protsts guardian
Writs Of error and appeal may be allowed from
county to circuit courts, or to the supreme
court In such cases aud In such manner ~ may
be prescribed by law provided that no appeal
or writ OF error shall be allowed to the circuit
! court from any judgment rendered upon IN ep-
peal from q Justice Of the peace or police mag
| istrate for cities or towns.
HEc. 81. The county court shall mot have iu-
| risdiction In cases OF felony, nor shall criminal
cases therein Be prosecuted By indictment but
they may have such jurisdiction In criminal
matters. not OF the grade Of felony, ~ the legts'
istnre may prescribe. and the prosecution
| the legislature may provide.
JUSTICE OF THx PEACE.
BEG. q. Justices Of the peace shall havs such
jurisdiction ~ may be conferred ny law, bnt
they shalt not have Jurisdiction Of any cast
wherein the value OF ths pscPsrty ox tn.
hundred dollars, or whore the boundaries o.
title TO real property shall b cAiisd n Qusa
-" roricE xAo1srnArx.
SIC. q. Ths legislature shah have power Il
provide fQr creating such police tnegistratsa TO
cities and towns ~ may b deeaned frc1 tim.
to ttne neosssasy. Who shan ~. 2ssssdsstto,
80 OBSERVATION-DISCLOSURES