Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-09-18

TON or ARTICLE IS OF THE
CONSTITUTION 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 ELEC-
TON AND APPOINTMENT OF
JUDGES THEREFOR, AND THEIR
SALARIES, AND THE TERMS OF
SAID COURTS.
Be It Resolved BY the Legislature OF the
State Of Idaho;
Section l. That sections II and q Of
article 5-of the constitution Of the state
Of Idaho be and the same are hereby re-
peaIed and annuIled.
Section 2 That section Of article :
Of the constitution Of the state Of Ida
no be amended to read as follows;
Section ?. The judicial power OF the
state shall be vested In court for the
trial Of impeachments, supreme court,
district courts courts Of Justices Of the
peace and such other courts inferior 10
the supreme courts as may be established
by law for any Incorporated city, town
or village.
Section 3. That section Il 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. until otherwise
provided BY the legislature, shall be four
thousand dollars 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 mis- consideration and determination
thirty days prior to the taking and
subscribing such oath.
Sec. l. That section 20 Of article Of
the constitution of the state Of Idaho
De amended TO read as follows:
Section 20. The district court shall
have original Jurisdiction in all cases.
both at law and in equity, and in all
matters of probate, settlement Of es-
tates Of deceased persons and appoint
ment Of guardians. and such appellate
jurisdiction IS is now and may hereafter
be conferred by law.
Sec. 5. That section 81 Of article Of
the constitution Of the state Of Idaho
be amended to read as follows:
Section q. Each county in the state
of Idaho shall be and constitute a ju-
dicial district. and. there shall be in
each of said counties a district court,
for each of which at least enc judge
shall be elected by the qualified electors
Of said district al the general state cleo
ton: Provided. however. That any
county. in which the total vote for gov
ernor 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 and there shall
be only one judge elected for said
united counties until said counties shall
each have cast at a general state cleo I
ton at least two thousand votes for
governor. and until said time only one
Judge shall be elected for the following I
to wit: Boise and Ada, one (
Judge; Cassia and Lincoln. one judge; [
Custer and Lemhi. one judge: Elmore I
and Blaine, one judge; and Owyhee and /
Canyon, one judge: Provided. further, /
nat Nlen any JuIl-lEA Il1lA-LA NAlft-4 ]
asst over eight thousand votes for gov I
,rnor at any general state election, an
additional Judge shall be elected there
Il for each additional eight thousand I
-Otes, or major part thereof, thereafter
II said district, any one OF more OF
whom may hold court. and there may be
IS many sessions Of said court. at the
anne time. as there are judges thereof.
The said judges shall choose from their
wn number a presiding judge. who may
ie removed at their pleasure. He shall
distribute the business Of the court
mong the judges thereof, and prescribe
he order OF business. In districts COM
osed OF but one county there shall be
10 terms Of court. but the court shall
e open continuously for the transaction
T business In districts composed of
wo counties the judge shall hold the
istrict courts of both of said counties
n accordance with such rules for the
ispatch of business as he may adopt.
he courts shall be always open for the
ling of papers, and for the trsnsac-
on of business. The term Of offices OF
istrict judges shall be four years from
nd after the first Monday of January
ext after their election. The present
in each judicial district here
fore existing shall be and shall re-
ain till the expiration Of his term Of 8
flee the judge OF the new district ,
herein ne resided when elected or ap- ,
1inted. All vacancies created by the
ioption OF these amendments shall be ;
led at a special election called by 3
e governor of Idaho, within ten days 5
ter the canvass OF the returns Of the Z
neral election at which these amend
ents are adopted, and held in the said
W districts, upon giving notice there