Daily Yellowstone journal., 1889-09-25

a. NAY W lDtN w law. a "
shall have power in its discretion to issue
and to hear and determine writs of ha-
bcaS corpus, mandamus, quo-waIranto,
ccrtiorari. prohibition and Injunction, and
such other original and remedial writs as
may be necessary or proper to the com
plcte exercise of its appellate jurisdiction.
When a jury is required in the supreme
court to determine an issue of fact, said
court shall have power to summon such
jury in such manner as may be provided
by law. Each of the justices of the SUI
preme court hall 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
NAV make such writs returnable before
himself, or the supreme court, or before
any district court of the State or any
Judge thereof; and such writs may be
heard and determined by the Justice, or
court, or judge, before whom they
are made returnable. Each of the JUS
tees of the supreme court may also is
sue and hcUr and determine writs of GER
tiorari in proceedings for contempt in
the district court, and such other writs
as he may be authorized by law to issue.
4. At least three terms of the
supreme court shall be held Zach wear at
the seat of government.
SEC s. The supreme court shall con-
sist of three justices, a majority of whom
shall be necessary to form a quorum or
pronounce a decision, but one or more
of said Justices may adjourn the court
from day to day, or to a day certain, and
the legislative assembly shall have the
power to increase the number of such
Justices to not less nor more han five.
SEC. g. The justices of the supreme
court shall be elected by the electors of
the state atlarge, as hereinafter provided.
SEC. Z. The term of Office of the JUS
tees of the supreme court, except as in
this constitution otherwise provided,
shall be six years.
e s. There shall be elected at the
first general election provided for by this
Constitution, one chief Justice and two
associate justices of the supreme court.
At said first election the chief Justice
shall be elected to hold his office until
the general election in the year one
thousand eight hundred n~inety-two
(IS92e and one Of the associate justices
to hold his office until the general cleo
ton in the year one thousand eight hun
dred n~inety-four (IS9Il, and the other as
sociate justice to hold his Office until the
general election in the year one
thousand eight hundred ninety
six (IS36) and each shall hold until his
successor is elected qualified. The
terms of office of said justices, and which
one shall be chief justice, shall at the
first and all subsequent elections be des-
ignated by ballot. After said first cleo
ton one chief justice or one associate
justice hall be elected at the general
election every two years, commencing
in the year one thousand eight hunered
n~inety-two (IS92I and if the Legislative
Assembly shall increase the number of
justices TO FIVE, the first terms of office of
such additional justices shall be fixed by
law in such manner that at least one of
the five justices shall be elected every
two years. The Chief Justice shall pre-
side at all sessions of the supreme court
and in case of his absence, the associate
justice having the shortest term to serve
shall preside in his stead.
SEC. @. There shall be a Clerk of the
Supreme Court, who shall hold his office
for the term of six years, except that the
Clerk first elected shall hold his Office
only until the general election in the
year one thousand eight hundred ninety
two (ISo2l and until hi- successor is
elected and qualified. He shall be
elected by the electors ut large of the
State, and his compensation shall be
fixed by law, and his duties prescribed
by law and by the rules of the Supreme
Court.
SEC. 10. No person shall be eligible
to the office of Justice of the Supreme
Court unless he shall have been adj
mitted to practice law in the Supreme
Court of the Territory or State of Mon
tana, be at least thirty years of age and a
citizen of the United States, nor unless
he shall have resided in said Territory
or State at least two years hex proceed
ing his election.
DIsTRICT COURTS.
SEC. II. The District Court shall have
aS..,,.1 s.v-.-I,-..A,, l., Ill go. " l.
and in equity, including all cases which
involve the title or right of possession of
real property, or the legality of any tax,
imPost, assessment, toll or municipal
fine, and in all cases in which the debt,
damage, claim or demand, exclusive of
interest, or the value of the prop
erty in controversy exceeds fifty
dollars; and in ali criminal cases
amounting to felony, and in all
cases of misdcmcanor not otherwise pro-
vidcd for: of actions of forcible entry
and unlawful detainer; of proceedings in
insolvency; of actions to prevent or
abate a nuisance; of all matters of pro-
bate; OF actions of divorce and for an
nullmcnt OF marriage, and for all such
special actions and proceedings as are
not otherwise provided for. And said
courts shall have the power of ~naturali-
cation, and to issue papers therefore, in
all cases where they are authorized so to
do nv the laws of the United States.
They shall nave appellate jurisdiction in
such cases arising in justices and other
inferior courts in their respective dis
tricts aS NAV be prescribed BY law, and
consistent with this constitution. Their
process shall extend To all parts of the
State, provided that all actions for the
recover of. the possession of, quieting
the title 10, or for the enforcement of
liens upon real property hall be COM
mcnced in the county in which the real
property, or any part thereof, affected by
such action or actions, is situated. Said
courts and Judges thereof shall have
power also to issue, hear and determine,
writs of mandamus, quo warranto, certi-
orari, prohibition, injunction and other
original and remedial writs, and also all
writs of habcas corpus on petition by, or
on behalf of, any person held in actual
custody in their respective districts. In
functions, writs of prohibition and habeas
corpus NAV be issued and served on
legal holidays and non-judicial DAYS.
SEC. IL. The State shall be divided
into judicial districts in zach of which
there shall be elected BY the electors
thereof one Judge of the district court,
whose term of office shall be four years
except that the district Judges, first
elected shall hold their offices only until
the general election in the year one
thousand eight hundred nincty-two
HSg,l and until their successors are
elected and qualified. ANY Judge of the
district court may hold court for any
other district judge, and shall do so when
required hy law.
SEC. IS. Until otherwise provided by
law, the judicial districts of the State
shall be constituted rs follows: First
district, Lewis and Clarke county.
Second district, Silver Bow county.
Third district, Deer Lodge county.
Fourth district, MiSSoula county. Fifth
district, Bcavcrhcad, Jefferson and Madi-
son counties. Sixth district, Gallatin,
Park and Mcaghcr counties. Seventh
district, Yellowstone. Custer and Daw-