Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-10-17
CONSTITUTIONAL AMENDMENT
NO. 2.---HOUSE JOINT RESO-
LUTON NO. 3.
BY sEAwELL AND FREEHAFER.

Join Resolution to be submitted to the
Electors OF the State of Idaho for Rejection
or Approval: Proposing the Repeal of Sec
ton II and 81 of Article of the Constitu-
tion of Idaho, and Proposing Amendments
to Sections 2, II, 20 and "A of Article ., and
Section OF Article Is of the Constitution
of the State of Idaho. Providing District
Court for each County and Extending its
Jurisdiction to all Matters of Probate. and
Providing for the Election md Appoint
ment of Judges therefor, and their Salaries
and the Terms of said Court
Be 1t Resolved by the Legislature OF the State
of Idaho;
Section 1. That Sections IL and 81 of Article
of the Constitution of the state of Idaho be
and the same are hereby repealed and an
nulled.
Constitution of the state of Idaho be amended
to read as follows: Section 2 The judicial
power of the state shall be vested in a court
for the trial of impeachments, a supreme count,
district courts, courts of justices of the pence.
and such other courts inferior to the supreme
courts as may be established by law for any
incorporated city, town or village.
Section 3. That Section II of Article of
the Constitution of the state of Idaho be
amended to read as follows; Section II. The
salary of the justices of the supreme court, I'M
til otherwise provided by the legislature, shall
be four thousand dollars each per annum and
the salary of the judges of the district court
shall be as otherwise provided by law, and no
Justice OF the supreme court, or judge of the
district court shall be paid his salary or any
part thereof. unless he shall first have taken
and subscribed an oath that there is not in his
hands any matter in controversy not decided
by him which had been finally submitted for
his consideration and determination thirty
days prior to the taking and subscribing such
oath.
Section A. That Section 20 of Article 5of the
Constitution of the state of Idano be amended
to read us follows: Section 20. The district
court shall have original jurisdiction in all
cases. both at law ana in equity, and in all
matters OF probate, settlement of estates OF de-
ceased persons and appointment Of guardians,
and such appellate jurisdiction now and
may hereafter be conferred by law.
section s. That section "a of Article Of the
Constitution OF the state of Idaho be amended
to read as follows: Section "a Each county
in the state of Idaho shall be and constitute Il
judicial district, and there shall be elected by
in each OF said counties district court. for
each of which at least one Judge shall be elect
ed by the qualified electors Of said district at
the general state election: Provided, however,
that any county, in which the total vote for
governor at the last general election not
at least two thousand votes, shall be united
with an adjoining county i'm the election of n
Judge aid there shall be only one Judge elect
ed for said united counties until said counties
shall each have cast at general state election
at least two thousand votes for governor, and
until said time only one judge shall be elected
for the following counties, to-wit: Boise and
Ada, one Judge; Cassia and Lincoln, one Judge;
Custer and Lemhi, one Judge; Elmore and
Blaine, one judge; and Owyhee and Canyon,
one Judge; Provided further, that when any
judicial district shall cast over eight thousand
votes for governor at any general state cleo
ton, an additional judge shall be elected there
in for each additional eight thousand votes, or
anyone more of whom may hold court, and
there may be as many sessions OF said court, mt
the same time, as there are judges thereof.
The said judges shall choose from their own
number presiding judge, who may be rcmOv-
ed at their pleasure. He shall distribute the
business of the court among the Judges there
of. and prescribe tn order of business In dis
tricts composed of but one county there shall
he no terms OF court but the court shall b.
open continuously for the transaction OF bust
ness. In districts composed of two counties
the judge shall hold the district courts of both
OF said counties in accordance with such rules
for the dispatch of business as he may adopt.
The courts shall be alw lys open for the filing
OF papers, and for the transaction of business.
The term of offices of district Judges shall be
four years from and after the first Monday of
January next after their election. The present
incumbent in each judicial district heretofore
existing shall be and shall remain till the eX-
piratlon of his term of Office the judge CT the
new district wherein he resided when elected
or appointed. All vacancies created by the
adoption OF these amendments shall be filed
at a special election called by the governor of
Idaho, within ten days after the canvass of the
returns of the general election at which these
amendments are adopted, and he'd in the said
new districts upon giving notice thereof as
provided for general election, and said judges
shall hold SAID offices until their successors
are elected and qualified. The salary of dis
trict judge shall be classified and based upon
the vote for governor at the last general cleo
tion in this district Immediately prior TO the
beginning of his term of Office aud shall be
classified as follows: In districts having
under four thousand votes; two thousand dol
lars per annu N over four thousand and not
more than six thousand votes, two thousand
five hundred dollars per anuum; over six
thousand votes, three thousand dollars per an.
mum; one half of which salary shall be paid
out of the state treasury and the other hail of
which salary shall be paid out by the comfy
or counties for which he is elected or appoint
ed, and in cases where one judge is provided
for more than one county, that portion Of his
salary which is TO be paid by the counties
shall be apportioned between said counties
according to the assessed valuation of their
taxable property to be determined by the AS