Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-10-24
CONSTITUTIONAL AMENDMENT
NO. 2.---H0USE JOINT RES0-
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 IL and 81 of Article OF the Constitu-
ton of Idaho and Proposing Amendments
to Sections 2, II, 30 and "a of Article 5, 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 and Appoint
ment of Judges therefor and their Salaries
and the Terms OF said Court.
Be it Resolved by the Legislature of the State
of Idaho:
Section l. 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and the same are hereby repealed and an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.
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 court
Tor 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 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 tour 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 ifor
his consideration and determination thirty
days prior to the taking and subscribing such
oath.
Section A. 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 ali
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 8. 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 a
| 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 was not
| 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
anyoue or more of whom may hold court, and
there may be as many sessions OF said court, al
the same time, as there are judges thereof
The said judges shall choose from their own
number Il 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
trcs composed of but one county there shall
he no terms of court, but the court shall bl
open continuously for the Transaction OF bust
Z In a a
the judge shall hold The district courts of boil
of said counties in accordance with such rule
for the dispatch of business as he may adopt
The courts shall be alw iys open for the filini
of pa pers, and for the transaction of business
. The term of offices of district judges shall b.
four years from and after the first Monday o
January next after their election. The presen
incumbent in each Judicial district heretofor
existing shall be and shall remain till the ex
piraton of his term of office the judge CT tn
new district wherein he resided when elected
or appointed. All vacancies created by tn
adoption of these amendments shall be FLEE
at a special election called by the governor o
Idaho, within ten days after the canvass of tn
returns of the general election at which thes
amendments are adopted, and held in the sal
new districts, upon giving notice thereof a
provided for general election, and said judge
shall hold said offices until their successor
are elected and qualified. The salary of a dis
trict Judge shall be classified and based upo
the vote for governor at the last general cleo
ton in this district Immediately prior TO tn
beginning of his term OF office and shall b
| CldSSlueu az follows. III ulslllCto nav ~
under four thousand votes, two thousand do
lars per annu n over four thousand and NJ
more than six thousand votes, two thousan
five hundred dollars per annum; over 81
a thousand votes, three thousand dollars per Al
mum; onehalf of which salary shall be pal
out OF the state treasury and the other hall
! which salary shall be paid out by the connt
! or counties for which he is elected or appoin
ed, and in cases where one judge is provide
for more than one county, that portion of h
salary which is TO be paid by the counti
shall be apportioned between said count
v according to the assessed valuation of the
, taxable property to be determined by the a
- sessmeni Of the preceding year, and In ado