, 1889-10-02
ARTICLE V.
JUDICIAL DEPARTMENT.

hNiAo l. AHS JuNiNh POhSi VI IC CCaIS ohnll DO
vested in the senate, sitting as a court of impeachment, in
a supreme court, district courts, justices of the peace, courts
of arbitration and such courts as the legislature may, by
general law, establish for incorporated cities or incorpor-
ated towns.
SEC. .. The supreme court shall have general appellate
jurisdiction, co-extensive with the State, in both civil and
criminal causes and shall have a general experimenting
control over all inferior courts under such rules and regu-
lations as may be prescribed by law.
SEC. 3. The supreme court shall have original jurisdic-
ton in quo warranto and mandamus as to all State officers,
and in habeas corpus. The supreme court shall also have
power to issue writs of mandamus, review, prohibition,
habeas corpus, certiorari ard other writs necessary and
proper to the complete exercise of its appellate and revisory
jurisdiction. Each of the judges shall have power to issue
by or on behalf of a person held in actual custody. and may
make such writs returnable before himself or before the
supreme court, or before any district court of the State or
any Judge thereof
three justices who shall be elected by the qualified electors
of the State at a general state election at the times and
office shall be elght(o years commencing IRON and after the
first Monday in January next succeeding their election;
and the justices elected at the first election after this con-
stitution shall go into effect shall, at their first meeting pro-
vided by law, SO classify themselves by lot that one of them
end OF six (6) years and one at the end of eight (8) years from
the commencement of their term, and an entry of such CLASH
fcation shall be made in the record OF the court and signed
by them and a duplicate thereof shall be filed in the office
of the secretary of state. The justice having the shortest
term to serve and not holding his office by appointment or
election to fill a vacancy, shall be the chief justice and shall
preside at all terms of the supreme court, and, in case of his
absence, the justice having in like manner the next short
est term to serve shall preside in his stead. If a vacancy
occur in the office of justice of the supreme court the gov
ernor shall appoint a person to hold the office until the cleo
ton and qualification of a person to fill the unexpired term
occasioned by such vacancy, which election shall take place
at the next succeeding general election. The first election
of the justices shall be at the first general election after this
constitution shall go into effect.
SEC. s.. A majority of the justices of the supreme court
shall be necessary to constitute a quorum for the transaction
of business.
SEC. 6. In case a Judge of the supreme court shall be
in any way interested in a cause brought before such court
the remaining judges of said court shall call one of the dis
trict judges to sit with them on the hearing of said cause.
SEC. Z. At least two terms of the supreme court shall
be held annually at the seat of government at such times as
may be provided bylaw.
SEC. 8. No person shall be eligible to the office of JUS
tce of the supreme court unless he be learned in the law, have
been in actual practice atle least nine () years, or whose service
upon the bench of any court of record, when added to the
time he may have practiced law shall be equal to nine (9)
years, be at least thirty years of age and n citizen of the
United States, nor unless he shall have resided in this State
or Territory at least three years.
SEC. 9. There shall be a clerk OF the supreme court
who shall be appointed by the justices OF said court and
shall hold his office during their pleasure, and whose duties
and emoluments shall be as provided by law.
SEC. 10. The district court shall have original jurisdic-
ton of all causes both at law and in equity and in all Grim
inal cases, of all matters of probate and insolvency and of
such special cases and proceedings as are not otherwise
provided for. The district court shall also have original
jurisdiction in al. cases and of all proceedings in which jur-
isdiction shall not have been by law vested exclusively in
some other court; and said court shall have the power of
naturalization and to issue papers therefor. They shall
have such appellate jurisdiction IN cases arising in Justices
and other inferior courts in their respective counties as may
be prescribed by law. Said courts and their judges shall
have power to issue writs of mandamus, quo warranto, re-
view, certiorari, prohibition, injunction and writs of habeas
corpus, on petition by or on behalf of any person in actual
custody in their respective districts.
SEC. IL. The judges of the district courts may hold
courts for each other and shall do so when required by law.
Sec. IL. No person shall be eligible to the office of
judge OF the district court unless he be learned in the law,