The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-09-24
HOUSE JOINT RESOLUTION NO.
BY kOELSCH

AMENDMENT OF SECI1ON U, AM
Gle 5. OF THE CONSTITUTION OF
THE STATE OF IDAHO SUBMIT
TING TO THE ELECTORS OF SAID
STATE FOR THEIR REJECTION OR
APPROVAL THE QUESTION OF
WHETHER SAID SECTION SHOULD
BE so AMENDED AS TO PROVIDE
FOR FIVE JUSTICE OF THE SU-
PRENIE COURT IN PLACE OF
THREE JUSTICES AS NOW PRO
VIDED FOR.
BE 1T RESOLVED BY THE LEGIS-
LATURE OF THE STATE OF IDAHO
s. OF the Constitution of the State Of
Idaho be amended TO read as follows:
Sec. 6. The Supreme Court shall con-
sist OF five Justices, a majority VI
whom shall be necessary to MAKE d
quorum or pronounce a decision. II, IA
Justice OF the Supreme Court shall be
disqualified from sitting in cause,
before said Court, or be unable to sit
therein by reason Of illness or absence
the said Court may call a District Judge
to sit in said Court on the hearing of
such cause. The justices of the SUI
preme Court shall be elected by the
electors of the State at large. The
terms Of office of the Justices of the
otherwise provided, shall be six years.
The Justices of the Supreme Court shall
Immediately after the first election un-
der this amended Constitution, to wit,
fled so that one shall hold his office
for the term OF two years, two
for the term of four years, and
two for the term of six years.
The two Justices holding over
beyond said election shall hold office
nj
to wit, two and four years respectively
The remaining three justices elected at
said election shall, Immediately after
qualifica ton, assemble at the Capitol in
the presence of the other two Justices
and shall draw lots that one shall
hold his office for the term of two years,
one for the term of four years and one
for the term of six years. At the con-
ciusion OF said drawing the Chief JUS
tice shall cause the result thereof to be
certified to the Secretary of State and
filed in his office.
The Justice having the shortest term
to serve, not holding his office by ap-
pointment or election to fill vacancy,
shall be Chief Justice and shall pre-
side at all terms of the Supreme Court
and in case of his absence the Justice
having in like manner the next shortest
time to serve shall serve in his stead.
PROVIDED, That where Two Justices not
holding office by appointment or cleo
ton to fill vacancy have equal short
terms to serve, said Justices shall di-
vide the balance of the term between
them by rotation in alternate years.
This amendment is self executing and
Immediately after canvassing the re-
turns and certification of the result Of
the election upon this amendment the
Governor shall appoint two Justices OF
the Supreme Court to hold office until
the general election of 1916 and until
their successors are elected and quail
fled.
Sec. 2. The question to be submit
ted to the electors of the State of Idaho
at the next general election shall be as
follows, to-wit: Shall Section 6 of
Article of the Constitution of Idaho
be amended so as to increase the SUI
preme Court to five Justices in place
Of three.
Sec. 3. The Secretary of State is
hereby authorized to make publication
of this constitutional amendment in each
county for at least six consecutive
weeks prior to the next general cleo
ton in not less than one newspaper of
general circulation published in each
county.
PASSED THE HOUSE JANUARY
20, 1913
PASSED THE SENATE MARCH
3, 1913