The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1889-07-27

and for drainage, upon paying
therefor just compensation in the
manner prescribed by law.
SEC. 3. Whenever any waters
have been, or shall be appropriated
or used, for agricultural purposes,
under a sale, rental or distribution
Thereof, such sale, rental or distribu
ton, shall be deemed an exclusive
dedication 10 such use; and when
ever such waters so dedicated shall
have ever been sold, rented or dis
tributed to any person who has
settled upon or improved land for
agricultural purposes with the view
of receiving the benefit of such
waller under such dedications, such
person, his heirs, executors, admin
istrat0rs, successors. Or assigns, shall
not thereafter, without his consent,
be deprived Of the annual use Of the
same, when needed for domestic
purposes, or to iTrigate the land so
settled upon or improved, upon pay
ment therefor, aud compliance with
such equitable terms and conditions
as to the quantity used and times
of use, as may be prescribed by law.
Sec. 6. Whenever more than one
person has settled upon or improved
land With the view of receiving
water for agricultural purposes,
under sale, rental or distribution
thereof, as in the last proceeding
section of this Article provided, as
among such persons priority III time
shall give superiority Of right to the
use of such water in the numerical
order Of such settlements or i'm
provements: but whenever the sup
ply of such water shall not be suf-
fcient to meet the demands Of all
those desiring to use the same, such
priority Of right shall be subject to
such reasonable limitations as to
the quantity Of water used, and
times Of use, as the Legislative
Assembly, having due regard both
to such priority Of right, and the
ncccessity Of those subsequent in
time of settlement, or improvement,
may by law prescribe.
Sec. 7. The Legislative Assem-
bly, shall provide by law, the man
ner in which reasonable maximum
rates may be established to be
charged for the use of water sold,
rented or distributed for any useful
or beneficial purpose.
THE CAPITAL.
The temporary location of the
capital at Boise City was changed
from twenty to ten years. The leg
islature may at the expiration OF
this time call an election to deter
mine the permanent location.
NO oFFIcE-sEEKING oFFIcE-HoLDmRs.
The Governor, Secretary Of State,
State Auditor, State Treasurer,
Attorney General, Superintendent
Of Public Instruction. and all State
officers shall not be eligible to hold
any other public Office, except
Regents of State University and
serving on other State Commissions,
during his term Of Office. Under
this provision when the people
elect man to q State Office they
will be assured of his services until
the completion ef his term. This
also prevent, to some extent, Gov
ernor's using the patronage of their
Office for the purpose of enhancing
their weil-known aspirations for the
e. s. Senate.
CoUTIEs And COUNTY oGANIZATIUN
The Committee report as follows:
No county seat shall be removed
unless petition Of a majority of the
qualified electors of the county and
ratified by two-thirds vote of the
electors at an election. A PROPOSE
ton TO remove can not be voted
upon more than once in four years.
No county shall be divided unless
a majority of the qualified electors
voting upon the proposition at a
general election shall vote in favor
of such division.
No new county shall be estab-
lished which shall reduce any
county to an area of less than 400
square miles; nor shall a new
county be formed containing an
area of less than 400 square miles.
The Legislature shall provide for
the election biannually, in each of
the counties, for county commits
sioners, a sheriff, clerk of the Dis
trict court, WHO'S ex -oficio Auditor
and Recorder, County Treasurer
who is ex-ofiicio Public Administra-
tor, Probate Judge who is ex-officio
County Superintendent of Public
Instruction, County Assessor who