, 1889-07-18
VALIDITY or A STATUTE.

view, prOnlDlUOn, nhDeAS corpus, Certl.
orari and all other writs necessary and
proper TO the complete exercise of its APP
pcllato and reyisory jurisdiction. Each
of the judges shall have power to, issue
writs of habeas corpus to any part of the
state upon petition by or on behalf of
any person held in actual custody, and
may make such writs returnable before
himself or before the supreme court or
before any superior court or any judge
thereof.
SEC. 8. There shall be in each of the
organized counties of this state q
SUPERIOR COURT
for which at least one Judge shall be
elected by the qualified electors of the
county at the general state election. Pro.
vided, that until otherwise provided by
the legislature, one judge only shall be
elected for the counties of Spokane and
Stevens; one judge for the county Of
Whitman; one judge for the counties Of
Lincoln, oKanogan. Douglass and Ad.
ans; one Judge for she counties of
Walla Walla and Franklin; one
judge for the counties OF
kittatas, Yakima and klicltitat,
one Judge for the counties of Clarke,
Skagit, Pacilic,9 Cowlitz and Waukia.
KUN; one judge for the counties of
| Thurston, Chehalis, Mason and Lewis
one Judge f'r the county of Pierce; one
| Judge for the county of King one judge
for the counties of jefferson, Island, San
Juan and Clealum, and one judge for
the counties OF Whatcom, SKagit, Kit.
zap and Snohomish. In any county
where there shall be more than one supe.
rior judge, there. may be as
many sessions of the superior
court at the same time as there
are judges thereof, and whenever the
governor shall direct superior judge TO
hold court in any county, other than
that for which he has been elected, there
may be as many sessions of the superior
court in the same county at the same
time as there are judges, either elected
therein or assigned To duty therein by
| the governor, and the business of the
court shall be so distributed and as
signed by law, or, in the absence OF
legislation therefor, by such rules
| and orders of the courts a.
shall best promote and secure the
convenience and expeditions transaction
thereof. The judgments, decrees, orders
| and proceedings OF any session of the SUI
porior court, held by one or more OF the
judges of such court shall be
EQUALLY EFrEcrUAL
as if a II the judges OF said court presided
at such session. The first superior judges
| selected under the constitution shall
hold the office for the period of three
| years, aud until their successors shall he
elected and qualified, and thereafter the
term of office of al superior judges in
this state shall be six years from
the first Mouday in January
next succeeding their election and
until their successors are elected and
| qualified. The first election of judges OF
the superior court shall be at the first
general election held under this conSti.
tuition, 1fa vacancy occurs In the office
of judge of the superior court, the gov
! 40
Office until the election and qualitica-
ton of a judge to fill the vacancy, which
election Shall be held at the next sue.
ceeding election, and the judge selected
shall hold Office for the remainder Of the
uncxpircd term.
! SEc. 0. Tho superior court shall have
original jurisdiction in all cases in
| equity and In all cases ut law which in.
wolves the title or possession of real
property or the legality of any tax, i'm
post, assessment, toll or municipal fine,
and all other cases in which the de-
mand, exclusive of interest or the value
of the property In controversy amounts
to 800, and In all criminal cases amount
ing 10 felony, and in all cases of misde-
meanor not otherwise provided for; oi
actions of forcible entry and de-
tainers of proceedings in insolvency
of actions to prevent or abatc a
nuisance; of all matters of probate
of divorce and for annullment of mar
riagc, and of such special cases and pro.
| c' 1ings as are not Otherwise provided
| for. The superior court shall also have
original jurisdiction in all cases of all
proceedings in which jurisdiction shall
not have been had by law vested exClus-
! lively in some other court, and said court
shall have the power of naturalization,
and to issue paperr therefor; they shall
have such appellate jurisdiction in cases
] -, tttettgrg' Athar ipIapinF
courts as may be prescribed by law.
! They shall be
ALWAYS OPEN
except on non judicial days, and their
! process shall extend to all parts of the
state. Said courts and their judges shall
| have power TO issue writs of mandamuS,
quo warranto review, certiorari, prohibit
\ ton and writs of habeas corpus on petit
| ton by or on behalf of any person in ac-
tual custody in their respective counties.
| Injunction and writs of prohibition and
of habeas corpus may be issued and
served on legal holidays and non judicial
days.
SIC. 7. The judge of any superior court
may hold superior court in any county
at the request of the Judge of the supe-
| rior court thereof, and upon the request
of the governor II shall he his duty to dc
so, A case in the superior court may bc
tried by judge pro tempore, who must
be member of the bar, agreed upon in
writing by the parties litigant, or theiI
attorneys of record approved by the
court aud sworn to try the case.
SEC. <. ANY Judicial officer who shall
! absent himself from the state for more
than sixty consecutive days shall be
deemed to have forfeited his Office. Pro
vided, that in cases OF extreme necessity
the governor may extend the leave of alb
/ l,r 4, t,,,a n 10 an ltfu har
| fore shall exist.
SIC. 8, Any judge of the supreme
court, or judge of the superior court, OF
prosecuting attorney may be removed
from Office by the joint resolution of the
| legislature, in which three 'fourths of the
members elected to each house shall
concur, for incompetency, corruption,
other sufficient causes stated in such
| resolution. Such resolat ion shall
| be entered at length on the
journal of both houses and on the
question of removal the ayes and noe.
shall also be entered at length on the
| journal.
Src. 10. The legislature shall deter
mine the number of justices ofthe peace
to be elected in Incorporated cities oI
towns and in precincts, and shall pre-.
scribe by law the powers, duties and
jurisdiction of justices of the peace
Provided, that such jurisdiction granted
by the legislature shall not trench upon
the Jurisdiction Of superior or courts OF
record in Incorporated cities or towns
having more than 5000 inhabitants. L he
justices of the,pcace shall receive such
salary as may be provided by law, and
shall receive no fees for their own use,
SEC. IL. The supreme court and the
superior courts shall be courts OF record
and the legislature shall have po wer &c
provide that any of tho courts OF this
state, excepting justice oil the peace