Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-09-19
CONSTITUTIONAL AMENDMENT
NO. 2.---HOUSE JOINT RESO-
LUTON NO. 3.
BY sEAwELL AND FREEHAFER.

A Join Resolution to be submitted to the
Electors of the State of Idaho for Rejection
or Approval; Proposing the Repeal of Sec
ton IL and 81 of Article of the Constitu-
ton of Idaho, and Proposing Amendments
to Sections 2, II, 20 and "a OF Article s. and
Section OF Article is of the Constitution
Of the State Of Idaho. Providing District
Court Tor each County and Extending its
Jurisdiction to all Matters of Probate, and
Providing for the Election and 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 l. That Sections IL and 81 of Article
s OF the Constitution OF the state of Idaho be
and the same are hereby repealed and an
nulled.
Section 2. That Section of Article of the
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, supreme court,
district courts, courts Of justices of the peace,
and such other courts inferior to the supreme
courts as may be established by law for any
incorporated city, town or village.
Section 8. That Section II OF Article of
the Constitution of the state of Idaho be
amended to read as follows: Section IT, 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
sh AL be as otherwise provided by law, and no
justice OF the supreme court, or judge of the
district court, shall be paid his salary. any
part thereof, unless he shall first have taken
and subscribed an oath thatthere is not in his
hands any matter in controversy no. decided
Dy MIN WnlCn nhQ Dten NnhllN submitted tfOr
his consideration and determination thirty
days prior to the taking and subscribing such
oath.
Section 4. That Section 20 of Article of the
Constitution OF the state of Idano be amended
to read ms follows: Section 20. The district
court shall have original jurisdiction in all
cases. both at law and in equity. and in hll
matters OF probate, settlement OF estates of de-
ceased persons and appointment of guardians,
and such appellate jurisdiction as is now and
may hereafter be conferred by law.
section 3. That Section "a OF Article 5 of the
Constitution OF the state of Idaho be amended
| to read MS follows: Section "a. Each county
in the state of Idaho shall be and constitute a
/ judicial district. aud there shall be elected by
in each Of said counties a 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 was not
AT least two thousand votes, shall be united
! with an adjoining county in the election OF
Judge AID there shall be only one judge elect
ed for said united counties until said counties
snail each have cast at general state election
AZ 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 Gig int thousand votes or
major part thereof, thereafter in said district,
anyone or more of whom may hold court, and
there may be as many ses<t ions of said court, at
the same time, as there are judges thereof.
The said judges shall choose from their own
number presiding Judge, who may be remov-
ed at their pleasure. He shall distribute the
business OF the court among the judges there
of, and prescribe this order of business. In dis
tricts composed OF but one county there shall
be no terms of court, but che court shall be
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 he may adopt.
The courts shall be always open for the filing
| of pa pers, 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-
| pirston of his term OF office the Judge Of 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 held in the said
new districts, upon giving notice thereof as
provided Tor a 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 and shall be
classired as follows: In districts having
under four thousand votes, two thousand dol
lars per annum lover four thousand and not
more than six thousand votes, two thousand
five hundred dollars per annnm; over six
| thousand votes, three thousand dollars per an
!. nun; one-half Of which salary shall be paid
| out of the state treasuryssnd the other half 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 appertioned between said counties
according to the assessed valuation of their
taxable property to be determined by the as
| sessment OF the preceding year, and in add
tion to said salaries there shall be paid in the