Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-10-10
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 ii and u of Article of the Constitu-
ton of Idaho, and Proposing Amendments
to Sections 2, 4, 20 and "a Of Article ;, and
of the State of Idaho. Providing a District
Court for 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 IL Resolved by the Legislature of the State
of Idaho;
Section /. That Sections IL and 81 of Article
5 of the Constitution of the state of Idaho be
and the same are hereby repealed and an
nuiled.
Constitution OF the state of Idaho be amended
to read as follows: Section ,. 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 peace
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, un-
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 no. decided
by him which had been finally submitted for
his consideration and determination thirty
days prior TO the taking and subscribing such
Section 4. That Section 20 Of Article 5of the
Constitution of the state of ldanO be amended
to read MS follows Section 90 The district
court shall have original jurisdiction in all
cases. both at law and in equity, and in all
matters of probate, settlement of estates of de
ceased persons and appointment OF guardians
and such appellate jurisdiction Is now and
may hereafter be conferred by law.
section 8. That section "a of Article of the
Constitution OF the state of Idaho be amended
TO read as follows Section "a Each county
iu the state of Idaho shall be and constitute a
judicial district. aud there shall be elected by
ia each of said counties "A district court for
each of which at least one nudge 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
at least two thousand votes, shall be united
with an adjoining county in the election of a
judge AID there shall be only one judge elect
ed for said united counties until said counties
shall each have cast at a 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; Gilmore 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
major part thereof, thereafter in said district,
anyone or more of whom may hOll court and
there may be as many sessions OF said court, at
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 tn. order Ofbusiness. In dis
triets composed of but one county there shall
Toe no terms Of court, but the court shall b,
omen 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 alw lys open for the filing
of papers, and for the transaction of business.
The term of offices of district judges shall be
four wears 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 eN-
piration 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
mt special election called by the governor of
Idaho, within ten days after the canvass of the
returns of the general election ut which these
Amendments are adopted. and held 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 a dis
trict Judge shall be classified and based upon
the vote for governor at the last general cleo
ton in this district Immediately prior TO the
beginning of his term of Office and shall be
classified as follows: In districts having
under four thousand votes two thousand dol
more than six thousand votes, two thousand
five hundred dollars per annum; 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 half O
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 10 be paid by the cOuntie,
shall be apportiuned between said couniie,
according TO the assessed valuation Of theil
taxable property 10 be determined by the as
sessment of the preceding year, and in sddi