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Full text of "Idaho revised codes: the revised codes of Idaho / prepared by John F. MacLane. The revised codes of Idaho. 1908"

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DEPOSITED BY 
STATE OF IDAHO 

MAR 2 2 1973 
RICKS COLLEGE 






Digitized by the Internet Archive 
in 2013 



http://archive.org/details/idahorevisedcodeOOidah 



THE 



REVISED CODES OF IDAHO 



VOLUME I 



POLITICAL AND CIVIL 



PREPARED BY 

JOHN F. MacLANE 

CODE COMMISSIONER 



1908 

Syms-York Co., Printers and Binders 

Boise 



Vol. 1- 



Copyright 1908 by John F. MacLane 
for the benefit of the State of Idaho 



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UNITED STATES OF AMERICA, 
STATE OF IDAHO. 

I, Robert Lansdon, Secretary of State of the State of Idaho, do 
hereby certify that the following printed Volumes (1 and 2) are a 
true and literal copy of House Bill No. 1, introduced and passed at the 
Tenth Session of the Legislature of the State of Idaho and approved 
by the Governor of said State on the Twelfth day of January A. D. 
1909, as appears from the enrolled copy of said House Bill No. 1, now 
on file in this office ; and that the same is published under authority of 
the State of Idaho. 



In testimony whereof, I have 
hereunto set my hand and af- 
fixed the great Seal of the 
State. Done at Boise City, the 
Capital of Idaho, this Twenty- 
second day of March in the 
year of our Lord one thousand 
nine hundred and nine and of 
the Independence of the United 
States of America the one hun- 
dred and thirty-third. 





^^7 



Secretary of State. 



PREFACE 



The "Revised Codes" embraced in these volumes have been pre- 
pared under the authority of an act of the Legislature, approved 
March 12, 1907, entitled "An Act to provide for the Revision, Com- 
pilation and Codification of the Laws of the State of Idaho." The act 
is set forth at length on pages 75 to 77 of this volume. 

Whatever difference of opinion there may be as to the proper 
scope of an authorized statutory revision under an act such as the one 
above cited, the wisdom of simply revising and compiling the exist- 
ing law was so apparent on practical grounds as to exclude every 
other course. A Revised Code has become an imperative necessity, 
and while there might be many forceful objections to enacting a code 
reflecting individual views, there can be none to the mere re-enact- 
ment of the present law. These Codes, therefore, contain only what 
is believed to be the existing law of this State, revised and brought 
down to date so as to accurately and adequately express the latest will 
of the Legislature. Obvious grammatical, clerical and typographical 
errors, and mistakes of punctuation, have been corrected ; alterations 
have been made where a section as originally enacted has been modi- 
fied by subsequent legislation; provisions ante-dating the Constitu- 
tion or otherwise inapplicable to the present state of government or 
of the law have been omitted or modified as circumstances required; 
but in no case has the legislative function of making new laws or of 
changing the existing law been usurped. 

The revision act required the statutes to be divided into Political, 
Civil, Civil Procedure and Penal Codes. This method of classification 
is open to serious objection. The personal equation enters too 
largely into the problem as thus presented, and subjects which 
one person would place in one code, another would place in 
another. This is illustrated in previous compilations of the laws of 
this State. The chapters concerning "Wills" and "Succession" in 
1887 were included in the Code of Civil Procedure, and in 1901 in 
the Civil Code. Many similar instances will readily occur to every 
one familiar with our statutes. Attempted logical classifications of 
the law have been unsatisfactory and have provoked controversy 
ever since Blackstone wrote his Commentaries, while alphabetical or 
encyclopedic classifications have universally met with approval. 
Statutes arranged in the latter method are themselves an index to 
their contents. There is always an opportunity for difference of 
opinion, and consequently argument and dissatisfaction, over a di- 
vision of topics founded on individual preferences, but there can be 
no dispute over the arbitrary progression of the letters of the alpha- 



IV. PREFACE 



bet. However, we in this State are perhaps committed to the so-called 
"Code" system, and in any event such has been foreordained for 
these codes. Within the limitations thus imposed, and with a view 
of making a usable and practical, rather than a scholarly classifi- 
cation, the familiar arrangement of the Revised Statutes of 1887 has 
been adopted. This classification is closely analagous to that of the 
California Codes, and has been followed with more or less variation 
in all the States which have followed those Codes. In the present 
work it has been closely adhered to without any attempt to improve 
upon it, and often in disregard to personal preferences. In the Civil 
Procedure and Penal Codes even the title and chapter headings and 
section numbers are preserved. In the Political and Civil Codes there 
has been so much new legislation since the Revised Statutes that it 
was necessary to make several insertions in what seemed to be their 
appropriate places, and the old section numbers could not be pre- 
served without using a labyrinth of letters in combinations 
which would frequently have been unintelligible. It has also been 
necessary to insert several new titles and chapters, and in some cases 
to change the relative positions of titles and chapters. The chapter 
on "Funding County Indebtedness" has been transferred from the 
title of the Civil Code which treats of negotiable instruments to Title 
11 of the Political Code concerning "Counties and County Officers." 
The Police title of the Political Code includes "Inclosures and Tres- 
passing Animals" and "Estrays" which, in the Revised Statutes, 
constituted separate titles. In contradistinction to the 1901 Codes, 
the title "Irrigation Districts" has been included in the Political Code, 
on the theory that such districts are "political divisions of the State 
which, by the revision act, are required to be included in that Code. 
Again differing from the 1901 ' Codes, and in some respects 
from the Revised Statutes, penal provisions of political, administra- 
tive and police laws have been retained in the Political Code with the 
acts of which they are the sanctionary clauses, instead of being trans- 
ferred to the Penal Code, where, standing alone, they would be mean- 
ingless and must be read in connection with provisions in an en- 
tirely different part of the work. In their place in the Penal Code, 
"cross reference headings" or "false sections" have been inserted, re- 
ferring to all penal provisions of the law which are not contained 
in that Code. Provisions creating State offices and boards are in- 
cluded in the same title or chapter with the department of govern- 
ment, institution or branch of law, which the office or board is created 
to administer or enforce. The details of the classification are ade- 
quately explained by the table of contents. 

The historical notes give the origin and history of the section 
and indicate any changes, other than mere clerical or verbal correc- 
tions, which have been made, with the reasons therefor. The refer- 
ences to the original and amendatory acts are to the initial page of 
the act and not to the page on which the section is found, the object 
being to present as a unit an act which may extend through many 
sections. The notes to sections taken from the Session Laws of 
1888-89 refer to the pages of the edition published by the Smith 
Printing Co. in 1893, while those to sections from the 1899 laws refer 
to the pages of the Lewis edition. 



PREFACE V. 



The "California Legislation" notes give the corresponding section 
of the California Codes whenever there is a similar section, and in- 
dicate in a general way the points of similarity or difference. Ref- 
erences are given to the original Commissioners' Code of 1872, Deer- 
ing's Code of 1885, and Kerr's Cyclopedic Code of 1905. The latter 
work cites all the California decisions construing the section. Where 
there is no similar California legislation and it has been possible, 
with the means and resources at hand, to find similar statutes of 
other States, they are referred to under the heading "Comparative 
Legislation." These latter notes do not pretend to be exhaustive 
and their absence does not indicate that the Idaho section is sui 
generis, but merely that, in the limited time which could be given to 
the quest, no similar legislation could be found. 

The case notes include all cases decided by the Supreme Court of 
this State citing or construing the section annotated, through the 
cases reported in the 12th Idaho, and in addition thereto such cases 
reported in the 13th Idaho as appeared in the 91st Pacific Reporter. 
Parallel references are given to the Idaho Reports and to the Pacific 
Reporter. Federal cases, through 206 U. S. (Bk. 51 L. Ed.) and 153 
Fed. Rep., construing sections of our statutes, are also included. The 
word "Cited" followed by reference to a case indicates that the sec- 
tion has been cited by the court in the case referred to, but that it 
was not construed, or, if construed, the construction turned princi- 
pally on some other section under which the full note is given. The 
year of the decision is given in parentheses so that by inspecting the 
historical note it can be judged whether or not the decision is applica- 
ble to the section since amendments referred to in that note. Dissent- 
ing and concurring opinions are also digested, being indicated by the 
abbreviations "dis. op." and "concur, op.", respectively. Where a Jus- 
tice expressly dissents from a construction placed on a statute by the 
opinion, that fact is noted, but no note is made of a general dis- 
sent from the judgment of the court. If a case has been expressly 
overruled it is so stated, but personal opinions as to whether a later 
decision in effect overrules an earlier one are not interjected. 

An index to the Constitution follows that instrument, an index 
to the Political and Civil Codes is appended to Volume 1, and a com- 
plete index to all Codes, including also the Constitution, follows 
Volume 2. The index to the Political and Civil Codes is an abridg- 
ment of the complete index. It refers to every section of those Codes, 
but duplication is avoided and the sections are only indexed under 
the main topical head. This abridgment was rendered necessary to 
keep the bulk of the first volume within bounds. Attention is called 
to the appendixes to Volume 2 which include: (1) a parallel reference 
table giving the sections of the Revised Statutes, and pages and sec- 
tions of the Session Laws, with the corresponding sections of the 
Codes; (2) a table of repealed and amended laws; (3) the rules of 
the Supreme Court. Section 17 of the Codes gives a table of all local 
and special laws preserved in force. 

The Justices of the Supreme Court and other State officers have 
rendered invaluable service in advice and suggestions, which it is 
impossible to recount in detail. It is here gratefully acknowledged. 



VI. PREFACE 



In addition acknowledgments are made to Mr. Edwin Snow, Assist- 
ant Attorney General, for the compilation of the county boundaries, 
and assistance in checking over the repealed and omitted laws; to Mr. 
Herbert Wing, of the State Engineer's office, for assistance with the 
irrigation laws, and to W. C. Dunbar, Esq., of the Boise Bar, for 
the notes on the California and comparative legislation. Whatever 
typographical excellence the books possess is due to the publishers, 
the Syms-York Company, who have directed every energy towards 
making them above reproach in that respect. 

These Codes are now submitted to the people of the State, in the 
hope that they may be found accurate and reliable, and to present a 
complete and systematic compilation of our statutes. To those, if 
there be any such, who hoped and expected that they would eliminate 
all difficulties of statutory construction and application, the writer 
would suggest the advice of Carlyl'e, "Quit hope of the universal pill." 
Such a consummation can never be attained until legislative wisdom 
and foresight can foresee and adequately provide for every compli- 
cation arising in social and business relations which are constantly 
growing more complex. 

JOHN F. MACLANE, 
Boise, July 1st, 1908. Commissioner. 



TABLE OF CONTENTS 



INTRODUCTORY MATTERS 

Magna Charta 1 

Declaration of Independence 10 

Constitution of the United States 14 

Organic Act of Idaho Territory 27 

Provisions common to all Territories 35 

Provisions concerning particular organized Territories 48 

Idaho Admission Bill ..53 

Authentication of records 59 

The Naturalization Law 61 

Code Revision Act 75 

Constitution of Idaho , 78 

Index to Constitution 145 

REVISED CODES OF IDAHO 
General provisions applicable to all the Codes 159 

POLITICAL CODE 

PRELIMINARY PROVISIONS 175 

TITLE 1— POLITICAL DIVISIONS 176 

Chap. 1. Seat of government 176 

Chap. 2. Counties 176 

Chap. 3. Legislative districts 190 

Chap. 4. Judicial Districts 192 

Chap. 5. Cessions to the Federal Government and assents 

to Acts of Congress 193 

TITLE 2.— PUBLIC OFFICERS 195 

Chap. 1. Classification and term of office 195 

Chap. 2. Legislative officers 196 

Chap. 3. Executive officers and Capitol trustees 210 

Chap. 4. Governor 211 

Chap. 5. Secretary of State 214 

Chap. 6. State Auditor 219 

Chap. 7. State Treasurer 224 

Chap. 8. Attorney General 234 

Chap. 9. State Board of Examiners 237 

Chap. 10. State Engineer 238 

Chap. 11. Insurance Commissioner and Examiner 243 



VIII. TABLE OF CONTENTS 



Chap. 12. Bank Commissioner 249 

Chap. 13. Fish and Game Warden 251 

Chap. 14. Inspector of Mines 253 

Chap. 15. Other executive officers and boards 258 

Chap. 16. Officers of the Judicial Department 259 

Chap. 17. Notaries Public 265 

Chap. 18. Commissioners of Deeds 268 

Chap. 19. General provisions applicable to all officers 269 

Chap. 20. Bonds of officers 278 

Chap. 21. Resignations and vacancies 286 

Chap. 22. Miscellaneous provisions 291 

TITLE 3— ELECTIONS 295 

Chap. 1. General provisions 295 

Chap. 2. Time for holding elections 296 

Chap. 3. Notices of election 297 

Chap. 4. Qualifications of voters 298 

Chap. 5. Election precincts, judges and clerks 300 

Chap. 6. Primary elections 303 

Chap. 7. Nominations u ..307 

Chap. 8. Registration of electors 311 

Chap. 9. Ballots and supplies 316 

Chap. 10. Conduct of election 322 

Chap. 11. Canvass of returns 330 

Chap. 12. Presidential electors 338 

Chap. 13. Removal of county seats and changing county 

boundaries 339 

Chap. 14. Special elections 344 

TITLE 4— EDUCATION 346 

Chap. 1. State University 346 

Chap. 2. Lewiston Normal School 350 

Chap. 3. Albion Normal School 354 

Chap. 4. Summer normal schools 358 

Chap. 5. Academy of Idaho 361 

Chap. 6. Public schools 364 

Chap. 7. State Library Commission 408 

Chap. 8. Public libraries 409 

TITLE 5— STATE MILITIA 412 

Chap. 1. Enumeration of persons liable to military duty.. ..412 

Chap. 2. Organization 412 

Chap. 3. Staff department, officers and their duties 420 

Chap. 4. Discipline, uniforms, drills and encampments. ..422 

Chap. 5. Military courts 426 

Chap. 6. Miscellaneous 428 

TITLE 6— PUBLIC INSTITUTIONS 432 

Chap. 1. Insane asylums 432 

Chap. 2. Soldiers' Home 443 

Chap. 3. School for deaf, dumb and blind 445 

Chap. 4. Industrial Training School 447 

Chap. 5. Law libraries 455 

Chap. 6. Historical Society 458 

Chap. 7. Grand Army headquarters 460 



TABLE OF CONTENTS IX. 



Chap. 8. State fish hatchery 461 

Chap. 9. Purchase of supplies for institutions 462 

TITLE 7— PUBLIC WAYS 464 

Chap. 1. Floating timber 464 

Chap. 2. Highways 466 

Chap. 3. Toll roads 498 

Chap. 4. Public ferries and toll bridges 507 

Chap. 5. Miscellaneous provisions relating to toll roads, 

bridges and ferries 514 

Chap. 6. Good roads districts 516 

Chap. 7. State Highway Commission 522 

TITLE 8— POLICE OF THE STATE 528 

PRESERVATION OF PUBLIC HEALTH 

Chap. 1. State Board of Health 529 

Chap. 2. County board of health 539 

Chap. 3. Dairy, Food and Oil inspection 541 

THE LIVESTOCK INDUSTRY 

Chap. 4. Inspection and suppression of diseases among 

livestock 553 

Chap. 5. Two mile limit law 577 

Chap. 6. Dogs killing sheep or goats 578 

Chap. 7. Liabilities of stock ranchers 579 

Chap. 8. Marks and brands 579 

Chap. 9. Leases of livestock 590 

INCLOSURES, TRESPASS OF ANIMALS AND ESTRAYS 

Chap. 10. Fences 591 

Chap. 11. Inclosures of reservoirs and dumps 594 

Chap. 12. Animals running at large and trespassing 595 

Chap. 13. Estrays 600 

Chap. 14. Herd districts 603 

THE HORTICULTURAL AND BEE INDUSTRIES 

Chap. 15. Horticultural inspection .605 

Chap. 1*6. Bee inspection 612 

THE REGULATION OF PROFESSIONS 

Chap. 17. The practice of medicine 615 

Chap. 18. The practice of dentistry 622 

Chap. 19. The practice of osteopathy .626 

Chap. 20. The practice of optometry 629 

Chap. 21. The practice of pharmacy 633 

Chap. 22. Licensed surveyors 640 

Chap. 23. Abstractors of titles 642 

PROTECTION AND REGULATION OF LABOR 

Chap. 24. Bureau of Immigration, Labor and Statistics.. ..644 

Chap. 25. Labor Commission and arbitration ....647 

Chap. 26. Employment bureaus 653 

Chap. 27. Protection of mechanics 654 

Chap. 28. Union labor and employment of aliens 655 

Chap. 29. Day's work and child labor 660 



X. TABLE OF CONTENTS 



PARTICULAR INDUSTRIES 

Chap. 30. The printing trade 663 

Chap. 31. Warehousemen 665 

Chap. 32. Inspection of lumber 670 

LICENSED OCCUPATIONS 

Chap. 33. The liquor traffic 673 

Chap. 34. Peddlers 680 

MISCELLANEOUS PROVISIONS 

Chap. 35. Money of account and interest 682 

Chap. 36. Weights and measures 686 

Chap. 37. Unclaimed property 687 

Chap. 38. Fire escapes on buildings 688 

Chap. 39. Hunting on inclosed lands 689 

Chap. 40. Explosives 689 

TITLE 9— THE PUBLIC LANDS .-.691 

Chap. 1. Organization of State Land Department 691 

Chap. 2. Appraisement, lease and sale of State lands 695 

Chap. 3. Sales of timber on State lands 703 

Chap. 4. Prevention of forest fires 707 

Chap. 5. Carey Act lands 711 

Chap. 6. Reservoirs and rights of way 721 

Chap. 7. Miscellaneous provisions 723 

TITLE 10— REVENUE ■ 725 

Chap. 1. Property taxes „ 725 

Chap. 2. License taxes 785 

Chap. 3. Poll taxes 789 

Chap. 4. Taxation of profits of mines 794 

Chap. 5. Transfer tax on successions, legacies and devises 797 

TITLE 11— COUNTIES AND COUNTY OFFICERS .... 810 

Chap. 1. Counties as bodies corporate 810 

Chap. 2. The Board of County Commissioners 811 

Chap. 3. County officers 841 

Chap. 4. Salaries and fees of office : 889 

Chap. 5. Other county charges 900 

Chap. 6. The county poor ..901 

TITLE 12— TOWNSITES 904 

TITLE 13— CITIES AND VILLAGES .....913 

Chap. 1. Organization of cities , 913 

Chap. 2. Council and officers of city 918 

Chap. 3. Police courts 922 

Chap. 4. Organization of villages 926 

Chap. 5. Powers of cities and villages 931 

Chap. 6. Municipal elections 945 

Chap. 7. Municipal finances 947 

Chap. 8. General provisions governing cities and villages 

and their officers 953 

Chap. 9. Changing names of municipalities 956 

Chap. 10. Consolidation of municipalities 957 

Chap. 11. City and village plats 961 



TABLE OF CONTENTS XL 



Chap. 12. Municipal improvement bonds 965 

Chap. 13. Street Improvement bonds 970 

Chap. 14. Sewer construction bonds 975 

Chap. 15. Installment payments of improvement assess- 
ments 988 

TITLE 14— IRRIGATION DISTRICTS 994 

Chap. 1. Organization of district 994 

Chap. 2. Election of directors 999 

Chap. 3. Powers and duties of the board of directors 1003 

Chap. 4. Issuance, confirmation and sale of bonds 1006 

Chap. 5. Levy and collection of assessments 1014 

Chap. 6. Construction work and acquirement of prop- 
erty 1018 

Chap. 7. Changing boundaries of district 1021 

Chap. 8. Miscellaneous provisions 1026 

TITLE 15— DRAINAGE DISTRICTS 1029 

Chap. 1. Organization of district 1029 

Chap. 2. Board of drainage commissioners 1033 

Chap. 3. Proceedings for assessment of damage 1035 

Chap. 4. Construction of drainage system 1039 

Chap. 5. Issuance of bonds and warrants 1044 

Chap. 6. Miscellaneous provisions 1047 

CIVIL CODE 

PRELIMINARY PROVISIONS 1053 

TITLE 1— PERSONS 1054 

TITLE 2— MARRIAGE 1057 

Chap. 1. The contract of marriage 1057 

Chap. 2. Divorce 1064 

Chap. 3. Husband and wife 1072 

TITLE 3— PARENT AND CHILD 1078 

Chap. 1. Children by birth 1078 

Chap. 2. Adoption , 1079 

TITLE 4— CORPORATIONS 1082 

Chap. 1. General provisions 1082 

Chap. 2. Railroad corporations 1112 

Chap. 3. Bridge, ferry, flume and boom corporations 1126 

Chap. 4. Telegraph, telephone and electric power cor- 
porations 1127 

Chap. 5. Water and canal corporations 1129 

Chap. 6. Homestead corporations 1133 

Chap. 7. Insurance companies 1136 

Chap. 8. Secret fraternal insurance societies 1148 

Chap. 9. Mutual co-operative insurance companies 1154 

Chap. 10. Livestock and insurance companies 1161 

Chap. 11. Surety and fidelity companies 1165 

Chap. 12. Guaranty, title and trust companies 1175 

Chap. 13. Banking corporations 1177 

Chap. 14. Religious, social and benevolent corporations. ...1191 
Chap. 15. Institutions of learning 1195 



XII. TABLE OF CONTENTS 



Chap. 16. Agricultural fair companies 1197 

Chap. 17. Gas corporations 1198 

Chap. 18. Land and building corporations 1199 

TITLE 5— PROPERTY AND OWNERSHIP 1203 

Chap. 1. General provisions 1203 

Chap. 2. Estates in real property 1206' 

Chap. 3. Rights and obligations of owners 1208 

Chap. 4. Personal property 1210 

TI f LE 6— TRANSFERS 1212 

Chao. 1. Transfers in general 1212 

Chap. 2. Transfer of real property 1213 

Chap. 3. Acknowledgments 1217 

Chap. 4. Recording transfers 1 1225 

Chap. 5. Unlawful transfers 1228 

TITLE 7— HOMESTEADS 1232 

Chap. 1. General provisions .1232 

Chap. 2. Sale of the homestead on execution 1234 

Chap. 3. Homestead of the head of a family 1237 

Chap. 4. Homestead of other persons 1239 

TITLE 8— MINES AND MINING 1240 

Chap. 1. Location of lode mining claims 1240 

Chap. 2. Placer claims 1246 

Chap. 3. Rights of way and easements for the develop- 
ment of mines 1247 

Chap. 4. Mining tunnels 1250 

TITLE 9— WATER RIGHTS AND IRRIGATION 1252 

Chap. 1. General provisions 1252 

Chap. 2. Appropriation of water 1256 

Chap. 3. Distribution of water among appropriators 1271 

Chap. 4. Distribution to consumers * 1278 

Chap. 5. Fixing water rates ...1283 

Chap. 6. Rights of way , 1285 

Chap. 7. Maintenance and repair of ditches . 1287 

TITLE 10— CONTRACTS AND OBLIGATIONS 1290 

Chap. 1. General provisions ....1290 

Chap. 2. Sales ......1292 

Chap. 3. Sales of goods in bulk 1293 

TITLE 11— PARTNERSHIP ...1296 

Chap. 1. Special partnership 1296 

Chap. 2. Mining partnership 1301 

TITLE 12— LIENS 1303 

Chap. 1. Liens in general 1303 

Chap. 2. Mortgages in general 1308 

Chap. 3. Mortgage of real property 1312 

Chap. 4. Mortgage of personal property 1312 

Chap. 5. Pledge 1318 

Chap. 6. Miscellaneous liens 1321 

Chap. 7. Liens for service of sires 1323 

TITLE 13— NEGOTIABLE INSTRUMENTS 1326 

Chap. 1. Form and interpretation 1326 



TABLE OF CONTENTS XIII. 



Chap. 2. Consideration 1332 

Chap. 3. Negotiation 1333 

Chap. 4. Rights of holder 1336 

Chap. 5. Liabilities of parties 1338 

Chap. 6. Presentment for payment 1340 

Chap. 7. Notice of dishonor 1343 

Chap. 8. Discharge of negotiable instruments 1348 

Chap. 9. Bills of exchange 1350 

Chap. 10. Acceptance _... 1351 

Chap. 11. General provisions 1361 

Chap. 12. Instruments made negotiable by indorsement.. ..1362 

TITLE 14— NUISANCES 1363 

Chap. 1. General provisions 1363 

Chap. 2. Public nuisances 1364 

Chap. 3. Private nuisances 1365 

INDEX 
Index to Political and Civil Codes 1371 



INTRODUCTORY MATTERS 



MAGNA CHARTA 



The Great Charter of Liberties of King John, Granted at Run- 
• nymede, June 15, a. d. 1215, in the Seventeenth Year of His 
Reign. 

John, by the grace of God, King of England, Lord of Ireland, Duke 
of Normandy, and Acquitaine, and Count of Anjou, to his Arch- 
bishops, Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, 
Sheriffs, Governors, Officers, and to all Bailiffs, and his Lieges, 
Greeting: Know ye, that we, in the presence of God, and for 
the salvation of our own soul, and the souls of our ancestors, 
and of our heirs, and unto the honor of God and the advance- 
ment of Holy Church, and amendment of our realm, by advice 
of our venerable Fathers, Stephen, Archbishop of Canterbury, 
Primate of all England and Cardinal of the Holy Roman 
Church, Henry, Archbishop of Dublin, William of London, 
Peter of Winchester, Jocelin of Bath and Glastonbury, Hugh 
of Lincoln, Walter of Worcester, William of Coventry, Benedict 
of Rochester, Bishops; of Master Pandulph, Sub-Deacon and 
Familiar of our Lord the Pope, Brother Aymeric, Master of the 
Knights Templar in England; and of the Noble Persons, 
William Mereschal, Earl of Pembroke, William, Earl of Salis- 
bury, William, Earl of Warren, William, Earl of Arundel, Alan 
de Galloway, Constable of Scotland, Warin Fitz-Gerald, Peter 
Fitz-Herbert, and Hubert de Burgh, Seneschal of Poitou, Hugh 
de Neville, Matthew Fitz-Herbert, Thomas Basset, Alan Basset, 
Philip of Albany, Robert de Roppell, John Mareschal, John Fitz- 
Hugh, and others, our ligemen, have in the first place, granted 
to God, and by this our present Charter confirmed for us and 
our heirs forever : 

1. That the Church of England shall be free, and have her whole 
rights, and her liberties inviolable; and we shall have them so ob- 
served, that it may appear thence, that the freedom of elections 
which is reckoned chief and indispensable to the English Church, and 
which we granted and confirmed by our charter, and obtained the 
confirmation of the same from our Lord Pope Innocent III., before 
the discord between us and our barons, was granted of mere free 
will which charter we shall observe, and we do will it to be faith- 
fully observed by our heirs forever. 

2. We have also granted to all the freemen of our kingdom, for 
us and for our heirs forever, all the underwritten liberties to be had 
and holden by them and their heirs, of us and our heirs, forever: 
If any of our earls, or barons or others, who hold of us in chief by 
military service, shall die, and at the time of his death, his heirs shall 



MAGNA CHARTA 



be of full age, and owes a relief ; he shall have his inheritance by the 
ancient relief ; that is to say, the heir or heirs of an earl, for a whole 
earldom, by a hundred pounds; the heir or heirs of a baron, for a 
whole barony, by a hundred pounds ; the heir or heirs of a knight, for a 
whole knight's fee, by a hundred shillings at most; and whoever 
oweth less shall give less, according to the ancient custom of fees. 

3. But if the heir of any such shall be under age, and shall be in 
ward when he comes of age, he shall have his inheritance without 
relief and without fine. 

4. The keeper of the land of such an heir being under age, shall 
take of the land of the heir none but reasonable issues, reasonable 
customs, and reasonable services, and that without destruction and 
waste of his men and his goods ; and if we commit the custody of any 
such lands to the sheriff, or any other who is answerable to us for 
the issues of the land, and he shall make destruction and waste of 
the lands which he hath in custody, we will take of him amends, 
and the land shall be committed to two lawful and discreet men of 
that fee, who shall answer for the issue to us, or to him to whom we 
shall assign them; and if we sell or give to anyone the custody of 
any such lands, and he therein makes destruction or waste, he shall 
lose the same custody, which shall be committed to two lawful and 
discreet men of that fee, who shall in like manner answer to us as 
aforesaid. 

5. But the keeper, so long as he shall have the custody of the 
land, shall keep up the houses, parks, warrens, ponds, mills, and 
other things pertaining to the land, out of the issues of the same 
land; and shall deliver to the heir when he comes of full age, his 
whole land, stocked; with plows and carriages, according as tthe 
time of wainage shall require, and the issue of the land can reasonably 
bear. 

6. His heirs shall be married without disparagement, and so that 
before matrimony shall be contracted, those who are near in blood to 
the heir shall have notice. 

7. A widow, after the death of her husband, shall forthwith and 
without difficulty have her marriage and inheritance; nor shall she 
give anything for her dower, or her marriage, or her inheritance, 
which her husband and she held at the day of his death; and she 
may remain in the mansion house of her husband forty days after 
his death, within which time her dower shall be assigned. 

8. No widow shall be distrained to marry herself, so long as she 
has a mind to live without a husband; but yet she shall give secur- 
ity that she will not marry without our assent, if she holds of us ; or 
without the consent of the lord whom she holds, if she holds of another. 

9. Neither we nor our bailiffs will seize any land or rent for any 
debt, so long as the chattels of the debtor are sufficient to pay the 
debt ; nor shall the sureties of the debtor be distrained so long as the 
principal debtor has sufficient to pay the debt; and if the principal 
debtor shall fail in the payment of the debt, not having the wherewithal 
to pay it, then the sureties shall answer the debt; and if they will 
they shall have the lands and rent of the debtor, until they shall be 
satisfied for the debt which they paid for him, unless the principal 
debtor can show himself acquitted thereof against said sureties. 



MAGNA CHARTA 



10. If any one have borrowed anything of the Jews, more or less, 
and die before the debt be satisfied, there shall be no interest paid 
for that debt, so long as the heir is under age, or whomsoever he may 
hold ; and if the debt falls into our hands we will take only the chat- 
tel mentioned in the deed. 

11. And if any one shall die indebted to the Jews, his wife shall 
have her dower and pay nothing of that debt; and if the deceased 
left children under age, they shall have necessaries provided for them, 
according to the tenement of the deceased; and out of the residue 
the debt shall be paid, saving, however, the services due the lords ; and 
in like manner shall it be done touching debts due to others than the 
Jews. 

12. No scutage or aid shall be imposed in our kingdom, unless 
by the general council of our kingdom; except for ransoming our 
p'erson, making our eldest son knight, and once for marrying our 
eldest daughter; and for these there shall be paid no more than rea- 
sonable aid. In like manner it shall be concerning the aids of the 
city of London. 

13. And the city of London shall have all of its ancient liberties 
and free customs, as well by land as by water; furthermore we will 
and grant, that all other cities and burroughs, and towns and ports, 
shall have all their liberties and free customs. 

14. And for holding the general council of the kingdom concern- 
ing the assessment of aids, except in the three cases aforesaid, and for 
the assessing of scutages, we will cause to be summoned the arch- 
bishops 5 bishops, abbots, earls, and greater barons of the realm, singly 
by our letters. And furthermore we will cause to be summoned gen- 
erally by our sheriffs and bailiffs, all others who hold us in chief, for 
a certain day, that is to say forty days before their meeting at least 
and to a certain place; and in all letters of such summons we will de- 
clare the cause of such summons. And summons being thus made, 
the business shall proceed on the day appointed, according to the ad- 
vice of such as shall be present, although all that were summoned come 
not. 

15. We will not for the future grant to any one that he may take, 
aid of his own free tenants, unless to ransom his body, and to make 
his eldest son a knight, and once to marry his eldest daughter; and 
for this there shall be paid only reasonable aid. 

16. No man shall be distrained to perform more service for a 
knight's fee, or other fee tenement than is due from thence. 

17. Common pleas shall not follow our court, but shall be holden 
in some place certain. 

18. Trials upon the writ of novel disseisin, and mort d'ancestor, 
and of darrien presentment, shall not be taken but in their proper 
counties, and after this manner : We, or, if we should be out of the 
realm, our chief justiciary, will send two justiciaries through every 
county four times a year, who, with four knights of each county, 
chosen by the county, shall hold the said assizes, in the county, on the 
day and at the place appointed. 

19. And if any matters cannot be determined on the day appointed 
for the holding of the assizes, in each county, so many of the knights 
and freeholders as have been at the assizes aforesaid, shall stay to 



MAGNA CHARTA 



decide them, as is necessary, according as there is more or less busi- 
ness. 

20. A freeman shall not be amerced for a small offence, but only 
after the degree of the offence ; and for a great crime according to the 
heinousness of it, saving to him his contenement ; and after the same 
manner a merchant, saving to him his merchandise. And a villein 
shall be amerced after the same manner, saving to him his wainage, if 
he falls under our mercy; and none of the aforesaid amerciaments 
shall be assessed but by oath of honest men of the neighborhood. 

21. Earls and barons shall not be amerced, but by their peers, and 
after the degree of the offence. 

22. No ecclesiastical person shall be amerced for his lay tenement, 
but according to the proportion of the others aforesaid, and not ac- 
cording to the value of his ecclesiastical benefice. 

23. Neither a town nor any tenement shall be distrained to make 
bridges or banks, unless that anciently of right they are bound to do it. 

24. No sheriff, constable, coroner, or other our bailiffs, shall hold 
pleas of the crown. 

25. All counties, hundreds, wapentakes, and tythings, shall stand 
at the old rents, without increase, except in our demesne manors. 

26. If any one holding of us a lay fee die, and the sheriff, or our 
bailiffs, show our letters of patent, of summons for debt which the 
dead man did owe to us, it shall be lawful for the sheriff or our bailiff 
to attach and register the chattels of the dead, found upon his lay fee, 
to the amount of the debt, by the view of lawful men, so as nothing be 
removed until our whole clear debt be paid ; and the rest shall be left 
to the executors to fulfill the testament of the dead, and if there be 
nothing due from his to us, all the chattels shall go to the use of the 
dead, saving to his wife and children their reasonable shares. 

27. If any freeman shall die intestate, his chattels shall be distrib- 
uted by the hands of his nearest relations and friends, by view of the 
church ; saving to everyone his debts which the deceased owed to him. 

28. No constable or bailiff of ours shall take corn or other chattels 
of any man, unless he presently give him money for it, or hath respite 
of payment by the good will of the seller. 

29. No constable shall distrain any knight to give money for 
castle-guard, if he himself will do it in his person, or by another able 
man in case he cannot do it through any reasonable cause. And if 
we have carried or sent him into the army, he shall be free from such 
guard for the time he shall be in the army by our command! 

30. No sheriff or bailiff of ours, or any other, shall take horses or 
carts of any freeman for carriage, without the consent of the said 
freeman. 

31. Neither will we nor our bailiffs take any man's timber for 
our castles or other uses, unless by the consent of the owner of the 
timber. 

32. We will retain the lands of those convicted of felony only 
one year and a day, and then they shall be delivered to the lord of the 
free. 

33. All weirs for the time to come shall be put down in the rivers 
Thames and Medway, and throughout all England, except upon the 
sea-coast. 



MAGNA CHARTA 



34. The writ, which is called prascipe, for the future, shall not 
be made out to anyone, of any tenement, whereby a freeman may lose 
his court. 

35. There shall be one measure of wine and one of ale through 
our whole realm ; and one measure of corn, that is to say, the London 
quarter; and one breadth of dyed cloth, and russets, and haberjacts, 
that is to say, two ells within the lists and it shall be of weights as it 
is of measures. 

36. Nothing from henceforth shall be given or taken for a writ 
of inquisition of life or limb, but it shall be granted freely, and not 
denied. 

37. If any do hold of us by the fee-farm, or by socage, or by burg- 
age, and he hold also lands of any other by knight service, we will 
not have the custody of the heir or land, which is holden of another 
man's fee by reason of that fee-farm, socage, or burgage, neither will 
we have the custody of the fee-farm, socage or burgage, unless knight's 
service was due us out of the same fee-farm. We will not have the 
custody of an heir, nor of any land which he holds of another by 
knight's service, by reason of any petty serjeanty by which he holds 
of us, by the service of paying a knife, an arrow, or the like. 

38. No bailiff from henceforth shall put any man to his law upon 
his own bare saying, without creditable witnesses to prove it. 

39. No freeman shall be taken or imprisoned, or disseised, or out- 
lawed or banished, or in any way destroyed, nor will we pass upon 
him, nor will we send upon him, unless by the lawful judgment of his 
peers, or by the law of the land. 

40. To none will we sell, to none will we deny, or delay, right or 
justice. 

41. All merchants shall have safe and secure conduct to go out 
of, and to come into England, and to stay there, and to pass as well 
by land as water, for buying and selling by the ancient and allowed 
customs, without any unjust toils ; except in time of war, or when they 
are of any nation at war with us. And if there be found any such in 
our land, in the beginning of war, they shall be attached without dam- 
age to their bodies or goods, until it be known unto us, of our chief jus- 
ticiary, how our merchants, be treated in the nation at war with us ; 
and if ours be safe there, the others shall be safe in our dominions. 

42. It shall be lawful for the time to come, for any one to go 
out of our kingdom, and return safely and securely, by land or by 
water, saving his allegiance to us; unless in time of war, by some 
short space, for the common benefit of the realm, except prisoners 
and outlaws, according to the law of the land, and people in war 
with us, and merchants who shall be treated as is above mentioned. 

43. If any man holds of any escheat, as of the honor of Wal- 
lingford, Nottingham, Boulogne, Lancaster, or of other escheats which 
be in our hand, and are baronies, and die, his heir shall give no other 
relief and perform no other service to us, that he would do to the 
baron, if it were in the baron's hand ; we will hold it after the same 
manner as the baron held it. 

44. Those men who dwell without the forest, from henceforth shall 
not come before our justiciaries of the forest, upon common summons, 
but such as are impleaded, or are pledges for any that are attached for 
something concerning the forest. 



MAGNA CHARTA 



45. We will not make any justices, constables, sheriffs, or bailiffs, 
but of such as know the law of the realm and mean duly to observe it. 

46. All barons who have founded abbeys, and have the kings of 
England's charters or advowson, or the ancient tenure thereof, shall 
have the keeping of them, when vacant, as they ought to have. 

47. All forests that have been made forests in our time, shall 
forthwith be disforested ; and the same shall be done with the water 
banks that have been fenced in by us in our time. 

48. All evil customs concerning forests, warrens, foresters and 
warreners, sheriffs and their officers, rivers and their keepers, shall 
forthwith be inquired into in each county by twelve sworn knights 
of the same shire, chosen by creditable persons of the same county; 
and within forty days after the said inquest, be utterly abolished so 
as never to be restored. So as we are first acquainted therewith, or 
our justiciary, if we be not in England. 

49. We will immediately give up all hostages and writings de- 
livered unto us by our English subjects, as securities for their keeping 
the peace, and yielding us faithful service. 

50. We will entirely remove from our bailiwicks the relations of 
Gerard de Athyes, so that for the future they shall have no bailiwick 
in England ; we will also remove Englelard de Cygony, Andrew, Peter 
and Gyon, from the Chancery; Gyon de Cygony, Geoffrey de Martyn 
and his brothers; Philip Mark and his brothers, and his nephew, 
Geoffrey, and their whole retinue. 

51. As soon as peace is restored, we will send out of the kingdom 
all foreign soldiers, cross-bowmen, and stipendaries, who are come 
with horses and arms to the prejudice of our people. 

52. If any one has been dispossessed or deprived by us, without 
legal judgment of his peers, of his lands, castles, liberties, or right, 
we will forthwith restore them to him ; and if any dispute arise upon 
this head, let the matter be decided by the five-and- twenty barons 
hereafter mentioned, for the preservation of the peace. As for all 
those things of which any person has, without the legal judgment of 
his peers, been dispossessed or deprived, either by King Henry our 
father, or our brother King Richard, and which we have in our hands, 
or are possessed by others, and we are bound to warrant and make 
good, we shall have a respite till the term usually allowed the cru- 
saders ; excepting those things about which there is a plea depending 
or whereof an inquest hath been made, by our order, before we under- 
take the crusade, but when we return from our pilgrimage, or if per- 
chance we tarry at home and do not make our pilgrimage, we will im- 
mediately cause full justice to be administered therein. 

53. The same respite we shall have (and in the same manner about 
administering justice, disafforesting the forests, or letting them con- 
tinue) for disafforesting the forests, which Henry our father, and 
our brother Richard have afforested ; and for the keeping of the lands 
which are in another's fee, in the same manner as we have hitherto 
enjoyed those wardships, by reason of a fee held of us by knight's ser- 
vice; and for the abbeys founded in any other fee than our own, in 
which the lord of the fee says he has a right ; and when we return from 
our pilgrimage, or if we tarry at home and do not make our pilgrim- 
age, we will immediately do full justice to all the complainants in this 
behalf. 



MAGNA CHARTA 



• 54. No man shall be taken or imprisoned upon the appeal of a 
woman, for the death of any other than her husband. 

55. All unjust and illegal fines made by us, and all amerciaments 
imposed unjustly and contrary to the law of the land, shall be entirely 
given up, or else be left to the decision of the five-and-twenty-barons 
hereinafter mentioned for the preservation of the peace, or of the ma- 
jor part of them, together with the aforesaid Stephen, archbishop of 
Canterbury, if he can be present, and others whom he shall think fit 
to take along with him ; and if he cannot be present, the business shall 
notwithstanding go on without him ; but so that if one or more of the 
aforesaid five-and-twenty-barons be plaintiffs in the same cause, they 
shall be set aside as to what concerns this particular affair and 
others be chosen in their room, out of the said five-and-twenty, and 
sworn by the rest to decide the matter. 

56. If we have disseised or dispossessed the Welsh, of any lands, 
liberties, or other things, without the legal judgment of their peers, 
either in England or in Wales, they shall be immediately restored to 
them ; and if any dispute arise upon this head, the matter shall be de- 
termined in the Marche by the judgment of their peers; for tenements 
in England, according to the law of England, for tenements in Wales 
according to the law of Wales, for tenements of the Marche accord- 
ing to the law of the Marche ; the same shall the Welsh do to us and 
our subjects. 

57. As for all those things which a Welshman hath, without 
the legal judgment of his peers, been disseised or deprived of by 
King Henry our father, or our brother King Richard, and which we 
either have in our hands, or others are possessed of, and we are obliged 
to warrant it, we shall have a respite till the time generally allowed 
the crusaders ; excepting those things about which a suit is depending, 
or whereof an inquest has been made by our order before we under- 
took the crusade ; but when we return, or if we stay at home without 
performing our pilgrimage, we will immediately do them full justice, 
according to the laws of the Welsh and of the parts before mentioned. 

58. We will without delay dismiss the son of Llewellyn, and all 
the Welsh hostages, and release them from the engagements they 
have entered into with us for the preservation of peace. 

59. We will treat with Alexander, King of Scots, concerning the 
restoration of his sisters and hostages, and his rights and liberties, in 
the same form and manner as we shall do to the rest of the barons of 
England ; unless by the charters which we have from his father, Wil- 
liam, late King of Scots, it ought to be otherwise ; but this shall be left 
to the determination of his peers in our court. 

60. All the aforesaid customs and liberties, which we have granted 
to be holden in our kingdom, as much as it belongs to us towards all 
people of our kingdom, as well clergy as laity shall observe as far 
as they are concerned, towards their dependents. 

61. And whereas, for the honor of God and the amendment of 
our kingdom, and for the better quieting this discord that has arisen 
between us and our barons, we have granted all these things afore- 
said; willing to render them firm and lasting, we do give and grant 
our subjects the underwritten security, namely, that the barons may 
choose five-and-twenty-barons of the kingdom, whom they think con- 



8 MAGNA CHARTA 



venient ; who shall take care, with all their might, to hold and observe 
and cause to be observed, the peace and liberties we have granted them, 
and by this our present charter confirmed; so that if we, our jus- 
ticiary, our bailffs, or any of our officers, shall in any circumstances 
fail in the performance of them, towards any person, or shall break 
through any of these articles of peace and security and the offence 
be notified to four barons chosen out of the five-and-twenty before 
mentioned, the said four barons shall repair to us, or our justiciary, 
if we are out of the realm, and laying open the grievance, shall petition 
to have it redressed without delay; and if it be not redressed by us, 
or if we should chance to be out of the realm, if it should not be re- 
dressed by our justiciary, within forty days, reckoning from the time 
it has been notified to us, or to our justiciary, if we should be out 
of the realm, the four barons aforesaid shall lay the cause before the 
rest of the five-and-twenty barons; and the said five-and-twenty 
barons, together with the community of the whole kingdom, shall dis- 
train and distress us in all possible ways, by seizing our castles, lands, 
possessions, and in any other manner they can, till the grievance is re- 
dressed according to their pleasure ; saving harmless our own person 
and the persons of our queen and children ; and when it is redressed 
they shall obey as before. And any person whatsoever in the king- 
dom, may swear that he will obey the orders of the five-and-twenty 
barons aforesaid, in the execution of the premises, and will distress us 
jointly with them, to the utmost of his power ; and we give public and 
free liberty to any one that shall please to swear to this, and never 
will hinder any person from taking the same oath. 

62. As for those of our subjects who will not, of their own ac- 
cord, swear to join the five-and-twenty barons in distraining and dis- 
tressing us, we will issue orders to make them take the same oath as 
aforesaid. And if any one of the five-and-twenty barons dies, or goes 
out of the kingdom, or is hindered in any other way from carrying 
the things aforesaid into execution, the rest of the said five-and-twenty 
barons may choose another in his room, at their discretion, who shall 
be sworn in like manner as the rest. In all things that are com- 
mixed by the execution of these five-and-twenty barons, if, when they 
are all assembled together, they should happen to disagree about any 
matter, and some of them, when summoned, will not, or cannot, come, 
whatever is agreed upon, or enjoined, by the major part of those that 
are present, shall be reputed as firm and valid as if all the five-and- 
twenty had given their consent; and the aforesaid five-and-twenty 
shall swear that all the premises they shall faithfully observe, and 
cause with all their power to be observed. And we will not, by our- 
selves, or by any other, procure any thing whereby any of these con- 
cessions and liberties may be revoked or lessened; and if any such 
thing be obtained, let it be null and void; neither shall we ever make 
use of it, either by ourselves or any other. And all the ill will, in- 
dignations and rancourse that have arisen between us and our subjects, 
of the clergy and laity, from the first breaking out of the dissensions 
between us, we do fully remit and forgive; moreover all trespasses 
occasioned by the said dissensions, from Easter in the fifteenth year of 
our reign, till the restoration of peace and tranquility, we hereby en- 
tirely remit to all, both clergy and laity, and, as far as in us lies, do 



MAGNA CHARTA 



fully forgive. We have, moreover, caused to be made for them the 
letters patent testimonials of Stephen, lord archbishop of Canterbury, 
Henry, lord archbishop of Dublin, and the bishops aforesaid, as alsc 
of Master Pandulph, for the security and concessions aforesaid. 

63. Wherefore we will and firmly enjoin, that the Church of 
England be free, and that all the men in our kingdom have and hold 
all the aforesaid liberties, rights and concessions, truly and peaceably, 
freely and quietly, fully and wholly to themselves and their heirs, of 
us and our heirs, in all things and places, forever, as is aforesaid. 
It is also sworn, as well on our part as on the part of the barons, 
that all the things aforesaid shall be observed, bona fide and without 
evil subtility. 

Given under our hand in the presence of the witnesses above 
named and many others, in the meadow called Runnymede, between 
Windsor and Staines, the 15th day of June, in the 17th year of our 
reign. 



DECLARATION OF INDEPENDENCE 



In Congress, July 4, 1776. — The Unanimous Declaration of the 
Thirteen United States of America. 

When in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume among the Powers of the earth, the separate 
and equal station to which the laws of Nature and of Nature's God en- 
title them, a decent respect to the opinions of mankind requires that 
they should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain inalien- 
able rights, that among these are life, liberty, and the pursuit of hap- 
piness; that to secure these rights Governments are instituted 
among men, deriving their just powers from the consent of the gov- 
erned. That whenever any form of government becomes destructive 
of these ends, it is the right of the people to alter or to abolish it, and 
to institute new government, laying its foundation on such principles 
and organizing its powers in such form, as to them shall seem 
most likely to effect their safety and happiness. Prudence, indeed, 
will dictate that Governments long established should not be 
changed for light and transient causes; and accordingly all experi- 
ence hath shown that mankind are more disposed to suffer, while 
evils are sufferable, than to right themselves by abolishing the 
forms to which they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the same object, evinces 
a design to reduce them under absolute despotism, it is their right, 
it is their duty, to throw off such government, and to provide new 
guards for their future security. Such has been the patient suffer- 
ance of these Colonies, and such is now the necessity which constrains 
them to alter their former systems of government. The history of 
the present King of Great Britain is a history of repeated, injuries 
and usurpations, all having in direct object the establishment of an 
absolute tyranny over these States. To prove this, let facts be sub- 
mitted to a candid world. 

He has refused his assent to laws the most wholesome and neces- 
sary for the public good. 

He has forbidden his Governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained; and when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other laws for the accommodation of large 
districts of people, unless those people would relinquish the right 
of representation in the Legislature, a right inestimable to them 
and formidable to tyrants only. 



DECLARATION OF INDEPENDENCE 11 



He has called together legislative bodies at places unusual, uncom- 
fortable, and distant from the depository of their public records, for 
the sole purpose of fatiguing them into compliance with his measures, 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to 
cause others. to be elected; whereby the legislative powers, incapable 
of annihilation, have returned to the people at large, for their ex- 
ercise, the State remaining, in the meantime, exposed to all the dan- 
gers of invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States; for 
that purpose obstructing the laws for naturalization of foreigners; 
refusing to pass others to encourage their migration hither and rais- 
ing the conditions of new appropriation of lands. 

He has obstructed the administration of justice, by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure of 
their offices and the amount and payment of their salaries. 

He has created a multitude of new offices, and sent hither swarms 
of officers, to harass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, with- 
out the consent of our legislatures. 

He has affected to render the military independent of, and super- 
ior to, the civil power. 

He has combined with others to subject us to a jurisdiction foreign 
to our Constitution, and unacknowledged by our laws; giving his as- 
sent to their acts of pretended legislation. 

For quartering large bodies of armed troops among us. 

For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these States. 

For cutting off our trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us, in many cases, of the benefits of trial by jury. 

For transporting us beyond seas to be tried for pretended of- 
fenses. 

For abolishing the free system of English laws in a neighboring 
province, establishing therein an arbitrary government, and enlarg- 
ing its boundaries, so as to render it at once an example and fit instru- 
ment for introducing the same absolute rule into these colonies. 

For taking away our charters, abolishing our most valuable laws, 
and altering, fundamentally, the forms of our government. 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 

He has abdicated government here by declaring us out of his pro- 
tection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mercenaries 
to complete the works of death, desolation, and tyranny, already be- 
gun with circumstances of cruelty and perfidy scarcely paralleled in 
the most barbarous ages, and totally unworthy the head of a civilized 
nation. 



12 DECLARATION OF INDEPENDENCE 



He has constrained our fellow citizens taken captive on the high 
seas to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has incited domestic insurrections amongst us, and has en- 
deavored to bring on the inhabitants of our frontiers, the merciless 
Indian savages, whose known rule of warfare is an undistinguished 
destruction of all ages, sexes and conditions. 

In every stage of these oppressions, we have petitioned for re- 
dress in the most humble terms. Our repeated petitions have been 
answered only by repeated injury. A prince, whose character is thus 
marked by every act which may define a tyrant, is unfit to be the 
ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their legisla- 
ture to extend an unwarrantable jurisdiction over us. We have re- 
minded them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and magnanimity, and 
we have conjured them by the ties of common kindred to disavow 
these usurpations, which would inevitably interrupt our connections 
and correspondence. They too have been deaf to the voice of justice 
and of consanguinity. We must, therefore, acquiesce in the necessity 
which denounces our separation, and hold them, as we hold the 
rest of mankind, enemies in war, in peace, friends. 

We, therefore, the Representatives of the United States of Amer- 
ica, in General Congress assembled, appealing to the Supreme Judge 
of the World for the rectitude of our intentions, do, in the name and 
by authority of the good people of these colonies, solemnly publish 
and declare, that these united colonies are, and of right ought to be, 
free and independent States; that they are absolved from all alle- 
giance to the British crown, and that all political connection between 
them and the State of Great Britain, is and ought to be totally dis- 
solved ; and that as free and independent States, they have full power 
to levy war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which independent States may 
of right do. And for the support of this Declaration, with a firm 
reliance on the protection of Divine Providence, we mutually pledge 
to each other our lives, our fortunes and our sacred honor. 

JOHN HANCOCK. 

New Hampshire — Josiah Bartlett, Wm. Whipple, Matthew 
Thornton. 

Massachusetts Bay — Sam'l Adams, John Adams, Robt. Treat 
Paine, Eldridge Gerry. 

Rhode Island — Step. Hopkins, William Ellery. 

Connecticut — Roger Sherman, Sam'l Huntington, Wm. Wil- 
liams, Oliver Wolcott. 

New York — Wm. Floyd, Phil Livingston, Franz Lewis, Lewis 
Morris. 

New Jersey — Richd. Stockton, Jno. Witherspoon, Frans Hop- 
kinson, John Hart, Abra. Clark. 

Pennsylvania — Robt. Morris, Benjamin Rush, Benja. Frank- 
lin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James 
Wilson, Geo. Ross. 



DECLARATION OF INDEPENDENCE 13 



Delaware — Caesar Rodney, Geo. Read, Tho. M'Kean. 

Maryland — Samuel Chase, Wm. Paca, Thos. Stone, Charles 
Carroll of Carrollton. 

Virginia — George Wythe, Richard Henry Lee, Th. Jefferson, 
Benja. Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, Car- 
ter Braxton. 

North Carolina — Wm. Hooper, Joseph Hewes, John Penn. 

South Carolina — Edward Rutledge, Thos. Hayward, Jr., Thom- 
as Lynch, Jr., Arthur Middleton. 

Georgia — Button Gwinnett, Lyman Hall, Geo. Walton. 



CONSTITUTION OF THE UNITED STATES 



Adopted in Convention, September 17, 1787. 

We the people of the United States, in order to form a more per- 
fect Union, establish justice, insure domestic tranquility, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and es- 
tablish this Constitution for the United States of America : 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for the electors of the most numerous branch of the State 
Legislature. 

No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac- 
cording to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, 
three-fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Congress of 
the United States, and within every subsequent term. of ten years, in 
such manner as they shall by law direct. The number of Represent- 
atives shall not exceed one for every thirty thousand, but each State 
shall have at least one Representative ; and until such enumeration 
shall be made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence Plantations 
one, Connecticut five, New York six, New Jersey four, Pennsylva- 
nia eight, Delaware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, Georgia three. 

When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 



CONSTITUTION OF THE UNITED STATES 15 



Section 3. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legislature thereof, 
for six years ; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the expira- 
tion of the fourth year, and of the third class at the expiration of the 
sixth year, so that one-third may be chosen every second year ; and if 
vacancies happen by resignation, or otherwise, during the recess of 
the Legislature of any State, the executive thereof may make tem- 
porary appointments until the next meeting of the Legislature which 
shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

The Vice President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a President 
pro tempore, in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside. And no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office or honor, trust, or profit under the United States ; but the party 
convicted shall nevertheless be liable and subject to indictment, trial, 
judgment and punishment, according to law. 

Section 4. The times, places and manner of holding elections 
for Senators and Representatives, shall be prescribed in each State 
by the Legislature thereof; but the Congress, may at any time by 
law make or alter such regulations, except as to places of choosing 
Senators. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

Section 5. Each House shall be the judge of the elections, re- 
turns and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business but a smaller number 
may adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such pen- 
alties as each House may provide. 

Each House may' determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

Each House shall keep a Journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members of 

Vol. 1-2 



16 CONSTITUTION OF THE UNITED STATES 



either house on any question shall, at the desire of one-fifth of those 
present, be entered on the Journal. 

Neither House, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two Houses shall be sitting. 

Section 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid out 
of the Treasury of the United States. They shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective Houses, 
and in going to and returning from the same; and for any speech 
or debate in either House, they shall not be questioned in any other 
place. 

No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created or the emoluments 
whereof shall have been increased during such time; and no person 
holding any office under the United States, shall be a member of 
either House during his continuance in office. 

Section 7. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law be presented to the 
President of the United States. If he approves he shall sign it, but 
if not he shall return it with his objections to that House in which 
it shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If after such reconsid- 
eration two-thirds of that House shall agree to pass the bill, it shall 
be sent, together with the objections, to the other House, by which 
it shall likewise be reconsidered, and if approved by two-thirds of 
that House, it shall become a law. But in all such cases the votes 
of both Houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on 
the Journal of each House respectively. If any bill shall not be re- 
turned by the President within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress by their adjourn- 
ment prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment) shall be presented to the President of 
the United States ; and before the same shall take effect, shall be ap- 
proved by him, or being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Section 8. The Congress shall have power to lay and collect 
taxes, duties, imposts and excises, to pay the debts and provide for 
the common defense and general welfare of the United States; but 
all duties, imposts and excises shall be uniform throughout the United 
States ; 



CONSTITUTION OF THE UNITED STATES 17 



To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the sev- 
eral States, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

To establish post offices and post roads; 

To promote the progress of science and useful arts, by secur- 
ing for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas, and offences against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation 'of the land and 
naval forces; 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections and repel invasions; 

To provide for organizing, arming, and diciplining, the militia, 
and for governing such part of them as may be employed in the ser- 
vice of the United States, reserving to the States respectively, the 
appointment of the officers, and the authority of training the militia 
according to the dicipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever, over 
such District (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of the Government of the United States, and to exercise like author- 
ity over all places purchased by the consent of the Legislature of 
the State in which the same shall be, for the erection of forts, maga- 
zines, arsenals, dock-yards, and other needful buildings; — And 

To make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the Government of the United States, or in 
any department or officer thereof. 

Section 9. The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight hun- 
dred and eight, but a tax or duty may be imposed on such importa- 
tion, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. 
No capitation, or other direct tax, shall be laid, unless in propor- 
tion to the census enumeration herein before directed to be taken. 



18 CONSTITUTION OF THE UNITED STATES 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or pay 
duties in another. 

No money shall be drawn from the Treasury, but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

No title of nobility shall be granted by the United States ; and no 
person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign State. 

Section 10. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit ; make any thing but gold and silver coin a tender 
in payment of debts ; pass any bill of attainder, ex post facto law, or 
law inpairing the obligation of contracts, or grant any title of no- 
bility. 

No State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws ; and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the Treasury of the United States ; and all such laws 
shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war, in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent danger 
as will not admit of delay. 

ARTICLE II. 

Section 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and, together with the Vice President, chosen for 
the same term, be elected as follows: 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole number 
of Senators and Representatives to which the State may be entitled 
in the Congress ; but no Senator or Representative, or person holding 
an office of profit or trust under the United States, shall be appoint- 
ed an elector: 

{Here followed provisions as to the mode of casting the electoral 
vote, ivhich are superseded by the Twelfth Amendment.] 

The Congress may determine the time of choosing the electors, and 
the day on which they shall give their votes ; which day shall be the 
same throughout the United States. 

No person except a natural born citizen, or a citizen of the 
United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither shall any person be eligi- 
ble to that office who shall not have attained to the age of thirty-five. 



CONSTITUTION OF THE UNITED STATES 19 



years, and been fourteen years a resident within the United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act acordingly, until the disability be removed, or a President 
shall be elected. 

The President shall, at stated times, receive for his services, a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following Oath or Affirmation: — "I do solomnly swear [or affirm] 
that I will faithfully execute the office of President of the United 
States, and will to the best of my ability, preserve, protect, and de- 
fend the Constitution of the United States." 

Section 2. The President shall be Commander in Chief of the 
army and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he 
may require the opinion, in writing, of the principal officer in each 
of the executive departments, upon any subject relating to the du- 
ties of their respective offices, and he shall have power to grant re- 
prieves and pardons for offenses against the United States, except 
in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint Ambassadors, other Public Min- 
isters and Consuls, Judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein otherwise 
provided for, and which shall be established by law ; but the Congress 
may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or in the 
heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both Houses, or either 
of them, and in case of disagreement between them, with respect to 
time of adjournment, -he may adjourn them to such time as he shall 
think proper; he shall receive Ambassadors and other public Minis- 
ters ; he shall take care that the laws be faithfully executed, and shall 
commission all the officers of the United States. 

Section 4. The President, Vice President and all civil officers of 
the United States, shall be removed from office on impeachment for, 



20 CONSTITUTION OF THE UNITED STATES 

and conviction of, treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III. 

Section 1. The Judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices dur- 
ing good behavior, and shall, at stated times, receive for their ser- 
vices a compensation which shall not be diminished during their con- 
tinuance in office. 

Section 2. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority; to 
all cases affecting Ambassadors, other public Ministers, and Con- 
suls; to all cases of admiralty and maritime jurisdiction; to contro- 
versies to which the United States shall be a party; to controver- 
sies between two or more States; between a State and citizens of 
another State; between citizens of different States; between citizens 
of the same State claiming lands under grants of different States, 
and between a State, or the citizens thereof, and foreign States, cit- 
izens or subjects. 

In all cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under such regulations as 
the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed within 
any State, the trial shall be at such place or places as the Congress 
may by law have directed. 

Section 3. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason un- 
less on the testimony of two witnesses to the same overt act, or on 
confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the manner 
in which such acts, records and proceedings shall be proved, and 
the effect thereof. 

Section 2. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 



CONSTITUTION OF THE UNITED STATES 21 



A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, shall 
on demand of the executive authority of the State from which he 
fled, be delivered up, to be removed to the State having jurisdiction 
of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 

Section 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the juris- 
diction of any other State; nor any State be formed by the junction 
of two or more States, or parts of States, without the consent of 
the Legislatures of the States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property be- 
longing to the United States; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or 
of any particular State. 

Section 4. The United States shall guarantee to every State in 
this Union a Republican form of Government, and shall protect each 
of them against invasion, and on application of the Legislature, or 
the Executive (when the Legislature cannot be convened) against do- 
mestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or on the 
application of the Legislatures of two-thirds of the several States, 
shall call a convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as part of this Con- 
stitution, when ratified by the Legislatures of three-fourths of the 
several States, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by the Con- 
gress : Provided, That no amendment which may be made prior to 
the year one thousand eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth section of the first 
Article; and that no State, without its consent, shall be deprived of 
its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall 
be made, under the authority of the United States, shall be the su- 
preme law of the land and the judges in every state shall be bound 
thereby, anything in the Constitution or laws of any State to the 
contrary notwithstanding. 



22 CONSTITUTION OF THE UNITED STATES 



The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judi- 
cial officers, both of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Constitution; but 
no religious test shall ever be required as a qualification to any office 
or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States so rati- 
fying the same. 

Done in convention by the unanimous consent of the States present 
the seventeenth day of September in the year of our Lord one 
thousand seven hundred and eighty-seven and of the Independ- 
ence of the United States of America the twelfth. 

In witness whereof we have hereunto subscribed our names: 

Geo. WASHINGTON, 
President and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathan Gorman, Rufus King. 

Connecticut — Wm. Sam'l. Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — Wil. Livingston, David Brearley, Wm. Patterson, 
Jona Dayton. 

Pennsylvania — B. Franklin, Thomas Mifflin, Robt. Morris, 
Geo. Clymer, Tho. Fitzsimmons, Jared Ingersoll, James Wilson, 
Gouv. Morris. 

Delaware— Geo. Read, Richard Bassett, John Dickenson, 
Gunning Bedford, Jr., Jaco. Broom. 

Maryland — James McHenry, Danl. Carroll, Dan. of St. Tho. 
Jenifer. 

Virginia — John Blair, James Madison, Jr. 

North Carolina— Wm. Blount, Hu. Williamson, Richd. Dobbs 
Spaight. 

South Carolina — J. Rutledge, Charles Pinckney, Charles 

COTESWORTH PlNCKNEY, PIERCE BUTLER. 

Georgia — William Few, Abr. Baldwin. 
Attest : WILLIAM JACKSON, Secretary. 

articles 

In Addition to, and Amendatory of, the Constitution of the 

United States of America. 
Proposed by Congress, and ratified by the Legislatures of the several 

States, pursuant to the fifth Article of the original Constitution. 

ARTICLE I. 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the free- 



CONSTITUTION OF THE UNITED STATES 23 



dom of speech, or of the press ; or the right of the people peaceably to 
assemble, and to petition the Government for a redress of grievances. 

ARTICLE II. 

A well regulated militia, being necessary to the security of a 
free State, the right of the people to keep and bear arms, shall not 
be infringed. 

ARTICLE III. . 

No soldier shall, in time of peace, be quartered in any house, with- 
out the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, pa- 
pers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; nor 
shall any person be subject for the same offense to be twice put in 
jeopardy of life or limb ; nor shall be compelled in any criminal case 
to be a witness against himself, nor be deprived of life, liberty, or 
property, without due process of law; nor shall private property 
be taken for public use, without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and dis- 
trict wherein the crime shall have been committed, which district shall 
have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel for his de- 
fence. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall ex- 
ceed twenty dollars, the right of trial by jury shall be preserved, and 
no fact tried by a jury shall be otherwise re-examined in any Court 
of the United States, than according to the rules of the common law. 



24 CONSTITUTION OF THE UNITED STATES 



ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 

' ARTICLE X. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States re- 
spectively, or to the people. 

ARTICLE XL 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or 
by citizens of subjects of any foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom, at least 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice President, and they 
shall make a distinct list of all persons voted for as President, and 
of all persons voted for as Vice President, and of the number of 
votes for each, which list they shall sign and certify, and transmit 
sealed to the seat of the Government of the United States, direct- 
ed to the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates and the votes shall then be counted. The person 
having the greatest number of votes for President, shall be the 
President, if such number be a majority of the whole number of 
Electors appointed ; and if no person have such majority, then from 
the persons having the highest numbers not exceeding three on 
the list of those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. But in 
choosing the President, the votes shall be taken by States, the rep- 
resentation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Pres- 
ident whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice President shall 
act as President, as in the case of the death or other Constitutional 
disability of the President. The person having the greatest num- 
ber of votes as Vice President shall be the Vice President, if such 



CONSTITUTION OF THE UNITED STATES 25 

number be a majority of the whole number of electors appointed, and 
if no person have a majority, then from the two highest numbers on 
the list, the Senate shall chose the Vice President; a quorum for the 
purpose shall consist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a choice, 
But no person Constitutionally ineligible to the office of President 
shall be eligible to that of Vice President of the United States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject 
to their jurisdiction. 

Section 2. Congress shall have power to enforce this Article 
by appropriate legislation. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or immu- 
nities of citiens of the United States; nor shall any State deprive 
any person of life, liberty, or property, without due process of law; 
nor deny to any person within its jurisdiction the equal protection 
of the laws. 

Section 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of electors for 
President and Vice President of the United States, Representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the Legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein 
shall be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice President, or hold any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of Con- 
gress, or as an officer of the United States, or as a member of any 
State Legislature, or as executive or judicial officer of any State, to 
support the Constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may by a vote of two- 
thirds of each House, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law including debts incurred for payment of pensions 



26 CONSTITUTION OF THE UNITED STATES 



and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid of insur- 
rection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave ; but all such debts, obligations and 
claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

ARTICLE XV. 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any State 
on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



ORGANIC ACT OF THE TERRITORY OF IDAHO 



AN ACT 

To Provide a Temporary Government for the Territory of Idaho. 



Section 

1. Territory of Idaho; boundaries. 

2. Executive power, Governor, etc. 

3. Secretary, when to act as Gov- 
ernor. 

4. Legislative power, what consti- 
tutes, length of session, etc. 

5. Voters at first election. 

6. Veto power of governor, taxes, 
etc. 

7. District, county, or township of- 
ficers. 

8. Members of assembly, who may 
be. 

9. Judicial power, with whom 
vested. 



Section 

10. Territorial officers, appointment 
of, salaries, pay of. 

11. Members of assembly, session of, 
etc. 

12. Seat of government, delegate, 
Constitutional laws, etc. 

13. Delegate in Congress; how elect- 
ed, and qualifications of electors, 
etc. 

14. Public lands, school sections. 

15. Judicial districts and judges. 

16. Officers to give bonds. 

17. Treaties with Indians, agencies, 
etc. 



Be It Enacted by the Senate and House of Representatives of the 
United States in Congress assembled, That all that part of the ter- 
ritory of the United States included within the following limits, to- 
wit: Beginning at a point in the middle channel of the Snake River 
where the northern boundary of Oregon intersects the same; then 
follow down the said channel of Snake River to a point opposite the 
mouth of Kooskooskia, or Clearwater River; thence due north to 
the forty-ninth parallel of latitude; thence east along said parallel 
to the twenty-seventh degree of longitude west of Washington; 
thence south along said degree of longitude to the northern bound- 
ary of Colorado Territory; thence west along said boundary to the 
thirty-third degree of longitude west of Washington; thence north 
along said degree to the forty-second parallel of latitude; thence 
west along said parallel to the eastern boundary of the State of 
Oregon; thence north along said boundary to the place of the be- 
ginning. And the same is hereby created into a temporary govern- 
ment, by the name of the Territory of Idaho: Provided, That 
nothing in this act contained shall be construed to inhibit the govern- 
ment of the United States from dividing said Terrritoy or chang- 
ing its boundaries in such manner and at such time as Congress 
shall deem convenient and proper, or from attaching any portion 
of said Territory to any other State or Territory of the United 
States: Provided, further, That nothing in this act contained shall 
be construed to impair the rights of person or property now pertain- 
ing to the Indians in said Territory, so long as such right shall re- 
main inextinguished by treaty between the United States and such 



28 ORGANIC ACT OF THE TERRITORY OF IDAHO 



Indians, or include any territory, which, by treaty with the Indian 
tribes, is not, without the consent of said tribe, to be included with- 
in the territorial limits or jurisdiction of any State or Territory; but 
all such territory shall be excepted out of the boundaries and consti- 
tute no part of the Territory of Idaho, until said tribe shall signify 
their assent to the President of the United States to be included within 
said Territory, or to affect the authority of the Government of the 
United States, to make any regulations respecting such Indians, their 
lands, property, or other rights, by treaty, law, or otherwise, which it 
would have been competent for the Government to make if this Act 
had never been passed. 

Section 2. And be it further enacted, That the executive power 
and authority in and over said Territory of Idaho shall be vested 
in a Governor, who shall hold his office for four years, and until 
his successor shall be appointed and qualified, unless sooner removed 
by the President of the United States. The Governor shall reside 
within said Territory, and shall be commander-in-chief of the mi- 
litia, and superintendent of Indian affairs thereof. He may grant 
pardons and respites for offenses against the laws of said Territory, 
and reprieve for offenses against the laws of the United States until 
the decision of the President of the United States can be made 
known thereof; he shall commission all officers who shall be appoint- 
ed to office under the laws of said Territory, and shall take care that 
the laws be faithfully executed. 

Section 3. And be it further enacted, That there shall be a Sec- 
retary of said Territory, who shall reside therein, and shall hold his 
office for four years, unless sooner removed by the President of the 
United States; he shall record and preserve all laws and proceedings 
of the Legislative Assembly hereinafter constituted, and all the acts 
and proceedings of the Governor in his executive department; he 
shall transmit one copy of the laws and journals of the Legislative 
Assembly within thirty days after the end of each session, and one 
copy of the executive proceedings and official correspondence semi- 
annually, on the first days of January and July in each year, to the 
President of the United States, and two copies of the laws to the 
President of the Senate and to the Speaker of the House of Repre- 
sentatives for the use of Congress ; and in case of the death, removal, 
resignation, or absence of the Governor from the Territory, the Sec- 
retary shall be, and he is hereby, authorized and required to execute 
and perform all the powers and duties of the Governor during such 
vacancy or absence, or until another Governor shall be duly appointed 
and qualified to fill such vacancy. 

Section 4. And be it further enacted, That the legislative power 
and authority of said Territory shall be vested in the Governor and 
Legislative Assembly. The Legislative Assembly shall consist of a 
Council and House of Representatives. The Council shall consist 
of seven members having the qualifications of voters as hereinafter 
prescribed, whose term of service shall continue two years. The 
House of Representatives shall at its first session, consist of thirteen 
members possessing the same qualifications as prescribed for the 
members of the Council, and whose term of service shall continue one 



ORGANIC ACT OF THE TERRITORY OF IDAHO 29 



year. The number of Representatives may be increased by the Legis- 
lative Assembly, from time to time, to twenty-six, in proportion to 
the increase of qualified voters; and the Council, in like manner, to 
thirteen. An apportionment shall be made as nearly equal as practi- 
cable among the several counties or districts for the election of 
the Council and Representatives, giving to each section of the Ter- 
ritory representation in the ratio of its qualified voters as nearly as 
may be. And the members of the Council and of the House of Rep- 
resentatives shall reside in, and be inhabitants of, the district or 
county, or counties, for which they may be elected respectively. Pre- 
vious to the first election, the Governor shall cause a census or enu- 
meration of the inhabitants and qualified voters of the several coun- 
ties and districts of the Territory to be taken by such persons and 
in such mode as the Governor shall designate and appoint, and the 
persons so appointed shall receive a reasonable compensation therefor. 
And the first election shall be held at such time and places, and may 
be conducted in such manner both as to the persons who shall super- 
intend such election and the returns thereof, as the Governor shall 
appoint and direct; and he shall at the same time declare the num- 
ber of members of the Council and House of Representatives to which 
each of the counties or districts shall be entitled under this Act. The 
persons having the highest number of legal votes in each of said 
Council districts for members of the Council shall be declared by the 
Governor to be duly elected to the Council and the persons having 
the highest number of legal votes for the House of Representatives 
shall be declared by the Governor to be duly elected members of said 
House: Provided, That in case two or more persons voted for shall 
have an equal number of votes, and in case a vacancy shall otherwise 
occur in either branch of the Legislative Assembly, the Governor 
shall order a new election ; and the persons thus elected to the Legis- 
lative assembly shall meet at such place and on such day as the 
Governor shall appoint; but thereafter the time, place, and manner 
of holding and conducting all elections by the people and the appor- 
tioning the representation in the several counties or districts to the 
Council and House of Representatives, according to the number of 
qualified voters, shall be prescribed by law, as well as the day of the 
commencement of the regular sessions of the Legislative Assembly: 
Provided, That no session in any one year shall exceed the term of 
forty days, except the first session, which may continue sixty days. 

Section 5. And be it further enacted, That every free white 
male inhabitant above the age of twenty-one years, who shall have 
been an actual resident of said Territory at the time of the passage 
of this Act, shall be entitled to vote at the first election, and shall 
be eligible to any office within the said Territory; but the qualifica- 
tions of voters, and of holding office, at all subsequent elections, shall 
be such as shall be prescribed by the Legislative Assembly. 

Section 6. And be it further enacted, That the legislative 
power of the Territory shall extend to all rightful subjects of legis- 
lation consistent with the Constitution of the United States and the 
provisions of this Act; but no law shall be passed interfering with 
the primary disposal of the soil ; no tax shall be imposed upon the 



30 ORGANIC ACT OF THE TERRITORY OF IDAHO 



property of the United States, nor shall the lands or other property 
of non-residents be taxed higher than the lands or other property of 
residents. Every bill which shall have passed the Council and 
House of Representatives of the said Territory shall, before it be- 
comes a law, be presented to the Governor of the Territory; if he 
approve, he shall sign it; but if not he shall return it, with his ob- 
jections, to the house in which it originated, who shall enter the 
objections at large upon their journal and proceed to reconsider 
it. If, after such reconsideration, two-thirds of that house shall 
agree to pass the bill, it shall be sent together with the objections, 
to the other house, by which it shall likewise be reconsidereu ; and 
if approved by two-thirds of that house, it shall become a iaw. But 
in all sucn cases the votes of botn houses shall be determined by 
yeas and nays, to be entered on the journal of each house respect- 
ively. If any bill shall not be returned by the Governor within 
three days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law in like manner as if he had signed 
it, unless the assembly, by adjournment, prevent its return ; in which 
case it shall not be a law: Provided, That whereas slavery is pro- 
hibited in said Territory by an Act of Congress of June nineteenth, 
eighteen hundred and sixty-two, nothing herein contained shall be 
construed to authorize or permit its existence therein. 

Section 7. And be it further enacted, That all township, dis- 
trict, and county officers, not herein otherwise provided for, shall be 
appointed or elected, as the case may be, in such manner as shall be 
provided by the Governor and Legislative Assembly of the Territory 
of Idaho. The Governor shall nominate and, by and with the ad- 
vice and consent of the Legislative Council, appoint all officers not 
herein otherwise provided for, and in the first instance the Governor 
alone may appoint all said officers, who shall hold their offices until 
the end of the first session of the Legislative Assembly, and shall 
lay off the necessary districts for members of the Council and House 
of Representatives, and all other officers. 

Section 8. And be it further enacted, That no member of 
the Legislative Assembly shall hold or be appointed to any office 
which shall have been created, or the salary or emoluments of 
which shall have been created, or the salary or emoluments of which 
shall have been increased, while he was a member, during the term 
for which he was elected, and for one year after the expiration of 
such term; but this restriction shall not be applicable to members of 
the first Legislative Assembly; and no person holding a commis- 
sion or appointment under the United States, except postmasters, 
shall be a member of the Legislative Assembly, or shall hold any 
office under the government of said Territory. 

Section 9. And be it further enacted, That the judicial power 
of said Territory shall be vested in a supreme court, district courts, 
probate courts, and justices of the peace. The supreme court shall 
consist of a chief justice and two associate justices, any two of whom 
shall constitute a quorum, and who shall hold a term at the seat of 
government of said Territory annually and they shall hold their offices 
during the period of four years, and until their successors shall be 
appointed and qualified. The said Territory shall be divided into 
three judicial districts, and a district court shall be held in each of 



ORGANIC ACT OF THE TERRITORY OF IDAHO 6l 

said districts by one of the justices of the supreme court at such 
times and places as may be prescribed by law; and the said judges 
shall, after their appointments, respectively, reside in the districts 
which shall be assigned them. The jurisdiction of the several 
courts herein provided for, both appellate and original, and that of 
the probate courts and justices of the peace, shall be limited by law : 
Provided, That justices of the peace shall have no jurisdiction of 
any matter in controversy when the title or boundaries of any land 
may be in dispute, or where the debt or sum claimed shall exceed 
one hundred dollars; and the said supreme and district courts, re- 
spectively, shall possess chancery as well as common-law jurisdiction. 
Each district court, or the judge thereof, shall appoint its clerk, who 
shall also be the register in chancery, and shall keep his office at 
the place where the court may be held. Writs of error, bills of ex- 
ceptions, and appeals shall be allowed in all cases from the final 
decisions of said district courts to the supreme court, under such 
regulations as may be prescribed by law. The supreme court, or 
justices thereof, shall appoint its own clerk, and every clerk shall 
hold his office at the pleasure of the court for which he shall have 
been appointed. Writs of error and appeals from the final decis- 
ions of said supreme court shall be allowed and may be taken 
to the Supreme Court of the United States, in the same manner and 
under the same regulations as from the Circuit Court of the United 
States, where the value of the property of the amount in contro- 
versy, to be ascertained by the oath or affirmation of either party 
or other competent witnesses, shall exceed one thousand dollars, ex- 
cept that a writ of error or appeal shall be allowed to the Supreme 
Court of the United States from the decision of the said supreme 
court created by this Act, or of any judge thereof, upon any writs 
of habeas corpus involving the question of personal freedom. And 
each of the said district courts shall have and exercise the same 
jurisdiction, in all cases arising under the Constitution and laws of 
the United States, as is vested in the Circuit and District Courts of 
the United States and the first six days of every term of said courts, 
or so much thereof as shall be necessary, shall be appropriated to 
the trial of causes arising under the said Constitution and laws; 
and writs of error and appeal in all cases shall be made to the su- 
preme court of said Territory, the same as in other cases. The said 
clerks shall receive, in all such cases, the same fees which the clerks 
of the district courts of Washington Territory now receive for simi- 
lar services. 

Section 10. And be- it further enacted, That there shall be 
appointed an attorney for said Territory, who shall continue in of- 
fice four years, and until his successor shall be appointed and qual- 
ified, unless sooner removed by the President of the United States, 
and who shall receive the same fees and salary as the attorney of 
the United States for the present Territory of Washington. There 
shall also be a marshal for the Territory appointed, who shall hold 
his office for four years, and until his successor shall be appointed 
and qualified, unless sooner removed by the President of the United 
States, and who shall execute all processes issuing from the said 
courts, when exercising their jurisdiction as Circuit and District 



32 ORGANIC ACT OF THE TERRITORY OF IDAHO 



Courts of the United States; he shall perform the duties, be subject 
to the same regulations and penalties, and be entitled to the same 
fees as the marshal of the District Court of the United States for the 
present Territory of Washington and shall, in addition be paid two 
hundred dollars annually as a compensation for extra services. 

Section 11. And be it further enacted, That the Governor, 
Secretary, Chief Justice, and Associate Justices, Attorney, and Mar- 
shal, shall be appointed by the President of the United States, by 
and with the advice and consent of the Senate. The Governor and 
Secretary to be appointed as aforesaid, shall, before they act as such 
respectively, take an oath or affirmation, before the district judge or 
some justice of the peace in the limits of said Territory, duly author- 
ized to administer oaths or affirmations by the laws now in force 
therein, or before the Chief Justice or some Associate Justice of the 
Supreme Court of the United States, to support the Constitution of 
the United States, and faithfully to discharge duties of their re- 
spective offices, which said oaths, when so taken, shall be certified by 
the person by whom the same shall have been taken; and such cer- 
tificate shall be received and recorded by the said Secretary among 
the executive proceedings; and the Chief Justice and the Associate 
Justices, and all civil officers in said Territory, before they act as 
such shall take a like oath or affirmation before the said Governor 
or Secretary, or some judge or justice of the peace of the Territory, 
who may be duly commissioned and qualified, which said oath or 
affirmation shall be certified and transmitted by the person taking 
the same to the Secretary to be by him recorded as aforesaid; and 
afterwards the like oath or affirmation shall be taken, certified, and 
recorded in such manner and form as may be prescribed by law. 
The Governor shall receive an annual salary of two thousand five 
hundred dollars, the Chief Justice and Associate Justices shall re- 
ceive an annual salary of two thousand five hundred dollars, the 
Secretary shall receive an annual salary of two thousand dollars ; the 
said salaries shall be paid quarter-yearly from the dates of the re- 
spective appointments, at the Treasury of the United States; but no 
payment shall be made until said officers shall have entered upon 
the duties of their respective appointments. The members of the 
Legislative Assembly shall be entitled to receive four dollars each 
per day during their attendance at the sessions thereof and four 
dollars each for every twenty miles traveled in going to and return- 
ing from said sessions, estimated according to the nearest usually 
traveled route, and an additional allowance of four dollars per 
day shall be paid to the presiding officer of each house for each 
day he shall so preside. And a chief clerk, one assistant clerk, one 
engrossing and one enrolling clerk, a sergeant-at-arms and door- 
keeper may be chosen for each house; and the chief clerk shall re- 
ceive four dollars per day, and the said other officers three dollars 
per day, during the session of the Legislative Assembly ; but no other 
officers shall be paid by the United States: Provided, That there 
shall be but one session of the Legislative Assembly annually, unless 
on an extraordinary occasion, the Governor shall think proper to 
call the Legislative Assembly together. There shall be appropriated 
annually the usual sum to be expended by the Governor to defray 



ORGANIC ACT OF THE TERRITORY OF IDAHO 33 



the contingent expenses of the Territory, including the salary of 
the clerk of the executive department ; and there shall also be appro- 
priated annually a sufficient sum, to be expended by the Secretary of 
the Territory, and upon an estimate to be made by the Secretary 
of the Treasury of the United States to defray the expenses of the 
Legislative Assembly, the printing of the laws and other incidental 
expenses; and the Governor and Secretary of the Territory shall, in 
the disbursement of all moneys entrusted to them, be governed 
solely by the instruction of the Secretary of the Treasury of the 
United States, and shall, semi-annually, account to the said Secre- 
tary for the manner in which the aforesaid moneys shall have been 
expended, and no expenditure shall be made by the Legislative As- 
sembly for objects not specially authorized by the Acts of Congress 
making the appropriations, nor beyond the sums thus appropriated 
for such objects. 

Section 12. And be it further enacted, That the Legislative 
Assembly of the Territory of Idaho shall hold its first session at such 
time and place in said Territory as the Governor thereof shall ap- 
point and direct; and at said first session, or as soon thereafter as 
they shall deem expedient, the Governor and Legislative Assembly 
shall proceed to locate and establish the seat of government for said 
Territory at such place as they may deem eligible : Provided, That 
the seat of government fixed by the Governor and Legislative As- 
sembly shall not be at any time changed, except by an Act of the 
said Assembly duly passed, and which shall be approved, after due 
notice, at the first general election thereafter, by a majority of the 
legal votes cast on that question. 

Section 13. And be it further enacted, That a delegate to the 
House of Representatives of the United States, to serve for the term 
of two years, who shall be a citizen of the United States, may be 
elected by the voters qualified to elect members of the Legislative 
Assembly, who shall be entitled to the same rights and privileges 
as are exercised and enjoyed by the delegates from the several other 
Territories of the United States to the said House of Representatives, 
but the delegate first elected shall hold his seat only during the term 
of the Congress to which he shall be elected. The first election shall be 
held at such time and places, and be conducted in such manner as 
the Governor shall appoint and direct; and at all subsequent elec- 
tions the times, places, and manner of holding elections shall be 
prescribed by law. The person having the greatest number of legal 
votes shall be declared by the Governor to be duly elected, and a 
certificate thereof shall be given accordingly. That the Constitution 
and all the laws of the United States which are not locally inappli- 
cable shall have the same force and effect within the said Territory 
of Idaho as elsewhere within the United States. 

Section 14. And be it further enacted, That when the lands 
in the Territory shall be surveyed, under the direction of the Gov- 
ernment of the United States, preparatory to bringing the same into 
market, sections numbered sixteen and thirty-six in each township 
in said territory shall be, and the same are hereby, reserved for the 
purpose of being applied to schools in said Territory, and in the 
States and Territories hereafter to be erected out of the same. 



34 ORGANIC ACT OF THE TERRITORY OF IDAHO 



Section 15. And be it further enacted, That until otherwise 
provided by law, the Governor of said Territory may define the judi- 
cial districts of said Territory, and assign the judges who may be 
appointed for said territory to the several districts, and also ap- 
point the times and places for holding courts in the several counties 
or subdivisions in each of said judicial districts, by proclamation to 
be issued by him ; but the Legislative Assembly, at their first or any 
subsequent session, may organize, alter, or modify such judicial 
districts, and assign the judges, and alter the times and places of 
holding the courts, as to them shall seem proper and convenient. 

Section 16. And be it further enacted, That all officers to be 
appointed by the President of the United States, by and with the 
advice and consent of the Senate, for the Territory of Idaho, who, by 
virtue of the provisions of any law now existing, or which may 
be enacted by Congress, are required to give security for moneys 
that may be entrusted with them for disbursement, shall give 
such security at such time and in such manner as the Secretary of 
the Treasury may prescribe. 

Section 17. And be it further enacted. That all treaties, laws, 
and other engagements made by the government of the United 
States with the Indian tribes inhabiting the Territory embraced 
within the provisions of this Act, shall be faithfully and rigidly 
observed, anything contained in this Act to the contrary notwith- 
standing; and that the existing agencies and superintendencies of 
said Indians be continued with the same powers and duties which 
are now prescribed by law, except that the President of the United 
States may, at his discretion, change the location of the offices of 
said agencies or superintendencies. 

Approved, March 3rd, 1863. 



REVISED STATUTES OF THE UNITED STATES 



TITLE XXIII.— THE TERRITORIES. 
CHAPTER ONE. 
Provisions Common to all the Territories. 



Section 
1839. 



1840. 



1841 


1842 


1843 


1844 


1845 


1846 


1847 


1848 


1849 


1850 


1851 


1852 



1854. 



1855. 



1856. 



1857 


1858 


1859 


1860 


1861 


1862 


1863 


1864 


1865 


1866 


1867 



1868. 



Right of Indians in person and 
property not impaired by this 
Title, etc.; boundaries, etc. 

Authority to regulate Indians; 
jurisdiction of Indians. 

Executive power. 

Veto power. . . 

Secretary. 

Secretary's duties. 

Salaries of Governors and Sec- 
retaries. 

Legislative power. 

Census and elections. 

Time and place of holding 
elections. 

Apportionment. 

Laws to be submitted to Con- 
gress. 

Extent of Legislative powers. 

Limit of time of sessions. 
Compensation of members. 
Number of members, etc. 

Members of Legislature pro- 
hibited from holding certain 
offices. 

Prohibition of extra compen- 
sation to certain officers. 

Election of justices of the 
peace and militia officers. 

Other officers. 

Vacancies, how filled. 

Qualifications of voting and 
holding office at first election. 

At future elections. 

Subordinate officers of Legis- 
lature. 

Delegate to Congress. 

Time, places, and manner of 
electing Delegate. 

Supreme Courts of Territories. 

Judicial Districts and Courts. 

Jurisdiction of Courts. 

Jurisdiction of justices of the 
peace. 

Chancery and common law 
jurisdiction. 



Section 

1869. Appellate jurisdiction of Su- 
preme Court. 

1870. Clerk of Supreme Court. 

1871. Clerk of District Court. 

1872. Register in chancery, residence 
and office. 

1873. Judicial district, how defined. 

1874. Judges of Supreme Court to 
hear certain causes. 

1875. District attorneys. 

1876. Marshals. 

1877. Appointment of Governor, etc. 

1878. Oath of office; how qualified. 

1879. Salaries of Justices. 

1880. Salary of Attorney. 

1881. Salary of Marshal. 

1882. When salaries to be paid. 

1883. Fees of clerks, etc. 

1884. Salary not to be paid when of- 
ficer is absent. 

1885. Seat of government in a new 
Territory. 

1886. Accounts of the Territories; no 
payment unless approved by 
Congress. 

1887. Limitation on expenses of 
printing. 

1888. Limitation on expenses of Leg- 
islature. 

1889. Legislatures not to grant spe- 
cial charters or pass special 
laws. 

1890. Limitation on rights of relig- 
ious corporations to hold real 
estate. 

1891. Constitution and laws of Unit- 
ed States made applicable to 
all the Territories. 

1893. Rules for the government of 
penitentiaries. 

1894. Payment of Marshal, etc., and 
of expenses of subsistence, 
etc., of offenders. 

1895. Imprisonment in penitentia- 
ries. Public schools. 



36 PROVISIONS COMMON TO ALL THE TERRITORIES 



Sec. 1839. Nothing in this Title shall be construed to impair the 
rights of person or property pertaining to the Indians in any Terri- 
tory, so long as such rights remain unextinguished by treaty between 
the United States and such Indians, or to include any Territory 
which, by treaty with any Indian tribe, is not, without the consent 
of such tribe, embraced within the Territorial limits, or jurisdiction 
of any State or Territory; but all such territory shall be excepted 
out of the boundaries, and constitute no part of any Territory now or 
hereafter organized until such tribe signifies its assent to the Presi- 
dent to be embraced within a particular Territory. 

Sec. 1840. Nor shall anything in this Title be construed to af- 
fect the authority of the United States to make any regulation re- 
specting the Indians of any Territory, their lands, property, or 
rights, by treaty, law or otherwise, in the same manner as might be 
made if no temporary government existed or is hereafter established, 
in any such Territory. 

Sec. 9. That immediately upon and after the date of the pas- 
sage of this act, all Indians committing against the person or 
property of another Indian, or other person, any of the follow- 
ing crimes, namely: Murder, manslaughter, rape, assault with 
intent to kill, arson, burglary and larceny, within any Territory 
of the United States, and either within or without an Indian reser- 
vation, shall be subject therefor to the laws of such Territory re- 
lating to said crimes, and shall be tried therefor in the same 
courts and in the same manner, and shall be subject to the same 
penalties as are all other persons charged with the commission of 
said crimes, respectively; and the said courts are hereby given 
jurisdiction in all such cases; and all such Indians committing 
any of the above crimes against the person or property of an- 
other Indian or other person within the boundaries of any State 
of the United States, and within the limits of any Indian reser- 
vation, shall be subject to the same laws, tried in the same courts 
and in the same manner, and subject to the same penalties as are 
all other persons committing any of the above crimes within the 
exclusive jurisdiction of the United States. (Act March 3, 1885.) 
Sec. 1841. The executive power of each Territory shall be vested 
in a Governor, who shall hold his office for four years, and until his 
successor is appointed and qualified, unless sooner removed by the 
President. He shall reside in the Territory for which he is appointed, 
and shall be commander-in-chief of the militia thereof. He may grant 
pardons and reprieves, and remit fines and forfeitures, for offenses 
against the laws of the Territory for which he is appointed, and res- 
pites for offenses against the laws of the United States, till the de- 
cision of the President can be made known thereon. He shall commis- 
sion all officers who are appointed under the laws of such Territory, 
and shall take care that the laws thereof be faithfully executed. 

Sec. 1842. Every bill which has passed the Legislative Assembly 
of any Territory shall, before it becomes a law, be presented to the 
Governor. If he approve, he shall sign it, but if not, he shall return 
it, with his objections, to that house in which it originated, and that 
house shall enter the objections at large on its journal, and proceed to 
reconsider it If, after such reconsideration, two-thirds of that 



PROVISIONS COMMON TO ALL THE TERRITORIES 37 



house agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other house, by which it shall likewise be reconsidered; 
and, if approved by two- thirds of that house, it shall become a law. 
But in all such cases the votes of both houses shall be determined by 
yeas and nays, and the names of the persons voting for or against the 
bill shall be entered on the journal of such house. If any bill is not 
returned by the Governor within three days, Sundays excluded, except 
in Washington and Wyoming, where the term is five days, Sundays 
excluded, after it has been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Legislative Assembly, 
by adjournment sine die, prevent its return, in which case it shall not 
be a law. 

Sec. 1843. There shall be appointed a Secretary for each Terri- 
tory, who shall reside within the Territory for which he is appointed, 
and shall hold his office for four years, and until his successor is ap- 
pointed and qualified, unless sooner removed by the President. In 
case of death, removal, resignation or absence of the Governor 
from the Territory, the Secretary shall execute all the powers and per- 
form all the duties of Governor, during such vacancy, or absence, or 
until another Governor is appointed and qualified. 

Sec. 1844. The Secretary shall record and preserve all the laws 
and proceedings of the Legislative Assembly, and all the acts and pro- 
ceedings of the Governor in the executive department ; he shall trans- 
mit one copy of the laws and journals of the Legislative Assembly, 
within thirty days after the end of each session thereof, to the Pres- 
ident, and two copies of the laws, within like time, to the President of 
the Senate, and to the Speaker of the House of Representatives, for 
the use of Congress. He shall transmit one copy of the executive 
proceedings and official correspondence semi-annually, on the first 
day of January and July in each year, to the President. He shall pre- 
pare the acts passed by the Legislative Assembly for publication, and 
furnish a copy thereof to the public printer of the Territory, within 
ten days after the passage of each act. 

And hereafter it shall be the duty of the Secretary of each Ter- 
ritory to furnish estimates in detail for the lawful expenses there- 
of, to be presented to the Secretary of the Treasury on or before 
the first day of October of every year. [Act, June 20, 1874.] 

Sec. 1845. From and after the first day of July, eighteen hundred 
and seventy-three, the annual salaries of the Governors of the sev- 
eral Territories shall be three thousand five hundred dollars, and the 
salaries of the Secretaries shall be two thousand five hundred dollars 
each. 

Sec. 1846. The Legislative power in each Territory shall be vested 
in the Governor and a Legislative Assembly. The Legislative Assem- 
bly shall consist of a Council and House of Representatives. The mem- 
bers of both branches of the Legislative Assembly shall have the qual- 
ifications of voters as herein prescribed. They shall be chosen for the 
term of two years, and the sessions of the respective Legislative As- 
semblies shall be biennial. Each Legislative Assembly shall fix by law 
the day of the commencement of its regular sessions. The members 
of the Council and the House of Representatives shall reside in the 
district or county for which they are respectively elected. 



38 PROVISIONS COMMON TO ALL THE TERRITORIES 



Sec. 1847. Previous to the first election for members of the Legis- 
lative Assembly of a Territory in which Congress may hereafter pro- 
vide a temporary government, the Governor shall cause a census of 
the inhabitants and qualified voters of the several counties and dis- 
tricts of the Territory to be taken by such persons and in such mode 
as he may designate and appoint, and the persons so appointed shall 
receive a reasonable compensation for their services. And the first 
election shall be held at such time and places, and be conducted in 
such manner, both as to the persons who superintended such election 
and the returns thereof, as the Governor may direct ; and he shall, at 
the same time, declare the number of members of the Council and the 
House of Representatives to which each of the counties or districts is 
entitled under the act providing such temporary government for the 
particular territory. The persons having the highest number of le- 
gal votes in each of the districts for members of the Council, shall be 
declared by the Governor to be duly elected to the Council, and the 
persons having the highest number of legal votes for the House of 
Representatives shall be declared by the Governor to be duly elected 
members of that House; but in case two or more persons voted for 
have an equal number of votes, and in case a vacancy otherwise oc- 
curs in either branch of the Legislative Assembly, the Governor shall 
order a new election ; and the persons thus elected to the Legislative 
Assembly shall meet at such place and on such day as the Governor 
appoints. 

Sec. 1848. After such first election, however, the time, place and 
manner of holding elections by the people in any newly created Ter- 
ritory, as well as of holding all such elections in Territories now or- 
ganized, shall be prescribed by the laws of each Territory. 

Sec. 1849. The apportionment of representation, which the Gover- 
nor is authorized to make by section eighteen hundred and forty-seven, 
in the case of a Territory hereafter erected by Congress, shall be as 
nearly equal as practicable among the several districts and counties for 
such first election of the Council and House of Representatives, giving 
to each section of the Territory representation in the ratio of its pop- 
ulation, except Indians not taxed; and thereafter in such new Terri- 
tory, as well as in all Territories now organized, the Legislative As- 
semblies, respectively, may re-adjust and apportion the representation 
of the two houses, thereof, among the several counties and districts, 
in such manner, from time to time, as they deem just and proper; 
but the number of either house, as authorized by law, shall not be in- 
creased. 

Sec. 1850. All laws passed by the Legislative Assembly and Gov- 
ernor of any Territory except in the Territories of Colorado, Dakota, 
Idaho, Montana and Wyoming, shall be submitted to Congress, and, 
if disapproved, shall be null and of no effect. 

Sec. 1851. The legislative power of every Territory shall extend to 
all rightful subjects of legislation, not inconsistent with the Constitu- 
tion and laws of the United States. But no law shall be passed inter- 
fering with the primary disposal of the soil ; no tax shall be imposed 
upon the property of the United States ; nor shall the lands or other 
property of non-residents be taxed higher than the lands or other 
property of residents. 



PROVISIONS COMMON TO ALL THE TERRITORIES 39 



Sec. 1852. The sessions of the Legislative Assemblies of the sev- 
eral Territories of the United States shall be limited to sixty days' du- 
ration. [Act. Dec. 23, 1880.] 

That from and after the adjournment of the next session of 
the several Territorial Legislatures the Council of each of the 
Territories of the United States shall not exceed twelve members, 
and the House of Representatives of each shall not exceed twen- 
ty-four members, and the members of each branch of the said 
several Legislatures shall receive a compensation of four dollars 
per day each during the sessions provided by law, and shall re- 
ceive such mileage as the law provides. 

And the President of the Council and the Speaker of the House 
of Representatives shall each receive six dollars per day for the 
same time. 

And the several Legislatures at their next sessions are di- 
rected to divide their respective Territories into as many Coun- 
cil and Representative districts as they desire, which districts 
shall be as nearly equal as practicable, taking into consideration 
population, except "Indians not taxed" : 

Provided, The number of Council districts shall not exceed 
twelve, and the Representative districts shall not exceed twenty- 
four in any one of said Territories, and all parts of sections 
eighteen hundred and forty-seven; eighteen hundred and forty- 
nine ; eighteen hundred and fifty-three, and nineteen hundred and 
twenty-two of the Revised Statutes of the United States in con- 
flict with the provisions herein are repealed. [Act June 19, 1878.] 

Sec. 1854. No member of the Legislative Assembly of any Terri- 
tory now organized shall hold or be appointed to any office which has 
been created, or the salary or emoluments of which have been in- 
creased, while he was a member, during the term for which he was 
elected, and for one year after the expiration of such term ; but this 
restriction shall not be applicable to members of the first Legisla- 
tive Assembly in any Territory hereafter organized; and no person 
holding a commission or appointment under the United States, except 
postmasters, shall be a member of the Legislative Assembly, 'or 
shall hold any office under the government of any Territory. The ex- 
ception of postmasters shall not apply to the Territory of Washing- 
ton. 

Sec. 1855. No law of any Territorial Legislature shall be made or 
enforced, by which the Governor or Secretary of a Territory, or the 
members or officers of any Territorial Legislature are paid any com- 
pensation other than that provided by the laws of the United States. 
Provided, That for the performance of all official duties im- 
posed by the Territorial Legislatures, and not provided for in the 
organic act, the Secretaries of the Territories respectively shall 
be allowed such fees as may be fixed by the Territorial Legisla- 
tures. [Act June 19, 1878.] 

Sec. 1856 Justices of the peace and all general officers of the mili- 
tia, in the several Territories, shall be elected by the people, in such 
manner as the respective Legislatures may provide by law. 



40 PROVISIONS COMMON TO ALL THE TERRITORIES 



Be it enacted, etc. (Sec. 1.) That when from any cause there 
shall be a vacancy in the office of justice of the peace in any of the 
Territories of the United States, it shall be lawful to fill such va- 
cancy by appointment or election, in such manner as has been or 
may be provided by the Governor and Legislative Assembly of 
such Territory: 

Provided, That such appointee, or person elected to fill such 
vacancy, shall hold office only until his successor shall be regularly 
elected and qualified as provided by law. [Act April 16, 1880.] 
Sec. 1857. All township, district, and county officers, except jus- 
tices of the peace and general officers of the militia, shall be appoint- 
ed or elected in such manner as may be provided by the Governor and 
Legislative Assembly of each Territory; and all other officers not 
herein otherwise provided for, the Governor shall nominate, and by 
and with the advice and consent of the Legislative Council of each 
Territory, shall appoint; but, in the first instance, where a new Ter- 
ritory is hereafter created by Congress, the Governor alone may ap- 
point all the officers referred to in this and the preceding section 
and assign them to their respective townships, districts, and counties ; 
and the officers so appointed shall hold their offices until the end of 
the first session of the Legislative Assembly. 

Sec. 1858. In any of the Territories, whenever a vacancy happens 
from resignation or death, during the recess of the Legislative Coun- 
cil, in any office which, under the Organic Act of any Territory, is to 
be filled by appointment of the Governor, by and with the advice and 
consent of the Council, the Governor shall fill such vacancy by 
granting a commission, which shall expire at the end of the next ses- 
sion of the Legislative Council. 

Sec. 1859. Every male citizen above the age of twenty-one includ- 
ing persons who have legally declared their intention to become citi- 
zens of any Territory hereafter organized, and who are actual resi- 
dents of such Territory at the time of the organization thereof, shall 
be entitled to vote at the first election in such Territory, and to hold 
any office therein; subject, nevertheless, to the limitations specified 
in the next section. 

Sec. 1860. At all subsequent elections, however, in any Territory 
hereafter organized by Congress, as well as at all elections in Terri- 
tories already organized, the qualifications of voters and of holding 
office shall be such as may be prescribed by the Legislative Assembly 
of each Territory; subject, nevertheless, to the following restrictions 
on the power of the Legislative Assembly, namely : 

First. The right of suffrage and of holding office shall be exer- 
cised only by citizens of the United States, above the age of twenty-one 
years, and by those above that age who have declared on oath, before 
a competent court of record, their intention to become such, and have 
taken an oath to support the Constitution and Government of the 
United States. 

Second. There shall be no denial of the elective franchise, or of 
holding office to a citizen on account of race, color, or previous con- 
dition of servitude. 

Third. No officer, soldier, seaman, mariner, or other person in 
the army or navy, or attached to troops in the service of the United 



PROVISIONS COMMON TO ALL THE TERRITORIES 41 



States, shall be allowed to vote in any Territory, by reason of being 
on service therein, unless such Territory is and has been for the period 
of six months, his permanent domicile. 

Fourth. No person belonging to the army or navy shall be elected 
to or hold any civil office or appointment in any Territory, except of- 
ficers of the army on the retired list. [Act March 3, 1883.] 

Sec. 1861. That the subordinate officers of each branch of said 
Territorial Legislatures shall consist of one chief clerk, who shall re- 
ceive a compensation of six dollars per day ; one enrolling and engross- 
ing clerk, at five dollars per day ; sergeant-at-arms and doorkeeper, at 
five dollars per day; one messenger and watchman, at four dollars 
per day each ; and one chaplain, at one dollar and fifty cents per day. 

Said sums shall be paid only during the sessions of said Legisla- 
tures ; and no greater number of officers or charges per diem shall be 
paid or allowed by the United States to any Territory. [Act June 19, 
1878.] 

Sec. 1862. Every Territory shall have the right to send a delegate 
to the House of Representatives of the United States, to serve during 
each Congress, who shall be elected by the voters in the Territory 
qualified to elect members of the Legislative Assembly thereof. The 
person having the greatest number of voters shall be declared by the 
Governor duly elected, and a certificate shall be given accordingly. 
Every such Delegate shall have a seat in the House of Representa- 
tives, with the right of debating, but not of voting. 

Sec. 1863. The first election of a Delegate in any Territory for 
which a temporary government is hereafter provided by Congress, 
shall be held at the time and places, and in the manner the Gov- 
ernor of such Territory may direct, after at least sixty days notice, to 
be given by proclamation ; but at all subsequent elections therein for a 
Delegate, as well as at all elections for a Delegate in organized Terri- 
tories, such time, places, and manner of holding the election shall be 
prescribed by the law of each Territory. 

Sec. 1864. The Supreme Court of every Territory shall consist of 
a Chief Justice and two Associate Justices, any two of whom shall 
constitute a quorum, and they shall hold their offices for four years, 
and until their successors are appointed and qualified. They shall 
hold a term annually at the seat of government of the Territory for 
which they are respectively appointed. 

Sec. 1865. Every Territory shall be divided into three Judicial 
Districts ; and a District Court shall be held in each district of the Ter- 
ritory by one of the Justices of the Supreme Court, at such time and 
place as may be prescribed by law ; and each Judge, after assignment, 
shall reside in the district to which he is assigned. 

Sec. 1866. The jurisdiction both appellate and original, of the 
courts provided for in section 1907 and 1908, shall be limited by law. 

Sec. 1867. No justices of the peace in any territory shall have 
jurisdiction of any case in which the title to land, or the boundary 
thereof, in anywise comes in question. 

Sec. 1868. The Supreme Court and the District Courts, respec- 
tively, of every Territory, shall possess chancery as well as common 
law jurisdiction. 



42 PROVISIONS COMMON TO ALL THE TERRITORIES 



Whereas, by the organic Acts establishing several of the Ter- 
ritories of the United States, it is provided that certain courts 
thereof shall have common law and chancery jurisdiction, and 
doubts have been entertained whether said jurisdictions 
must be exercised separately, or whether they may be exercised 
together in the same proceeding, and whether the codes and 
rules of practice adopted in said Territories which have author- 
ized a mingling of said jurisdictions in the same proceedings, or 
a uniform course of proceeding in all cases legal and equitable, 
are repugnant to the said organic Acts respectively : Therefore, 

Be it enacted, etc., That it shall not be necessary in any of 
the courts of the several Territories of the United States, 
to exercise separately the common law and chancery jurisdic- 
tions vested in said courts; and that the several codes and rules 
of practice adopted in said Territories respectively, in so far 
as they authorize a mingling of said jurisdictions or a uniform 
course of proceedings in all cases whether legal or equitable, be 
confirmed; and that all proceedings, heretofore had or taken in 
said courts in conformity with said respective codes and rules 
of practice, so far as relates to the form and mode of proceed- 
ing, be and the same are hereby, validated and confirmed : Provid- 
ed, That no party has been or shall be deprived of the right of trial 
by jury in cases cognizable at common law. [Act April 7, 1874.] 

Sec. 1869. Write of error, bills of exception, and appeals shall be 
allowed, in all cases, from the final decisions of the District Courts 
to the Supreme Courts, of all the Territories, respectively, under such 
regulations as may be prescribed by law, but in no case removed to the 
Supreme Court, shall trial by jury be allowed in that Court. 

Sec. 1870. The Supreme Court of each Territory shall appoint its 
own clerk, who shall hold his office at the pleasure of the Court for 
which he is appointed. 

Sec. 1871. Each Judge of the Supreme Court of the respective 
Territories shall designate and appoint one person as Clerk of the 
District over which he presides, where one is not already appointed, 
and shall designate and retain but one such clerk where more than 
one is already appointed, and only such District Clerk shall be en- 
titled to a compensation from the United States. 

Sec. 1872. Every District Clerk shall be also the register in chan- 
cery, and shall reside and keep his office at the place where the Court 
is held. 

Sec. 1873. Temporarily, and until otherwise provided by law, 
the Governor of every Territory, which may be hereafter established, 
shall define, by proclamation, the judicial districts of such Territory, 
and assign the judges appointed for such Territory, to the several 
districts, as well as fix the times and places for holding courts in the 
respective counties or subdivisions of each judicial district. 

Sec. 1874. The Judges of the Supreme Court of each Territory 
are authorized to hold court within their respective districts, in the 
counties wherein, by the laws of the Territory, courts have been or 
may be established; for the purpose of hearing and determining all 
matters and causes, except those in which the United States is a 



PROVISIONS COMMON TO ALL THE TERRITORIES 43 



party; but the expense of holding such courts shall be paid by the 
Territory, or by the counties in which the courts are held, and the 
United States shall in no case be chargeable therewith. 

Sec. 1875. There shall be appointed in each Territory a person 
learned in law, to act as Attorney for the United States. He shall 
continue in office for four years, and until his successor is appoint- 
ed and qualified, unless sooner removed by the President. 

Sec. 1876. There shall be appointed a Marshal for each Territory. 
He shall execute all process issuing from the Territorial courts when 
exercising their jurisdiction as Circuit and District Courts of the 
United States. He shall have the power and perform the duties, and 
be subject to the regulations and penalties, imposed by law, on the 
Marshals of the several judicial districts of the United States. He 
shall hold his office for four years, and until his successor is appointed 
and qualified, unless sooner removed by the President. 

Sec. 1877. The Governor, Secretary, Chief Justice, and Associate 
Justices, Attorney, and Marshal of every Territory shall be nomi- 
nated, and by and with the advice and consent of the Senate, appoint- 
ed by the President. 

Sec. 1878. The Governor and Secretary for each Territory shall, 
before they act as such, respectively take an oath before the Dis- 
trict Judge, or some justice of the peace in the limits of the Terri- 
tory for which they are appointed, duly authorized to administer 
oaths by the laws in force therein, or before the Chief Justice or 
some Associate Justice of the Supreme Court of the United States, 
to support the Constitution of the United States and faithfully to dis- 
charge the duties of their respective offices; and such oaths shall 
be certified by the person before whom the same are taken ; and such 
certificates shall be received and recorded by the Secretary among 
the executive proceedings; and the Chief Justice and the Associate 
Justices, and all other civil officers appointed for any Territory, be- 
fore they act as such, shall take a like oath before the Governor or 
Secretary, or some Judge or Justice of the Peace of the Territory who 
may be duly commissioned and qualified, and such oath shall be cer- 
tified and transmitted by the person taking the same to the Secre- 
tary, to be, by him, recorded as above directed; but after the first 
qualification of the officers herein specified in the case of a new Terri- 
tory, as well as in all organized Territories, the like oath shall be 
taken, certified, and recorded in such manner and form as may be 
prescribed by the law of each Territory. 

Hereafter payment of salaries of all officers of the Territo- 
ries of the United States appointed by the President, shall com- 
mence only when the person appointed to any such office shall 
take the proper oath, and shall enter upon the duties of such 
office in such Territory; and said oath shall hereafter be admin- 
istered in the Territory in which such office is held. [Act May 
1, 1876.] 

Sec. 1879. The annual salary of the Chief Justice and Associate 
Justices of all the Territories now organized, shall be three thousand 
dollars each. 

Sec. 1880. The salary of the Attorney of the United States for 



44 PROVISIONS COMMON TO ALL THE TERRITORIES 



each Territory, shall be at the rate of two hundred and fifty dollars 
annually. 

Sec. 1881. The salary of the Marshal of the United States for each 
Territory, shall be at the rate of two hundred dollars a year. 

Sec. 1882. The salaries provided for in this. Title, to be paid to 
the Governor, Secretary, Chief Justices and Associate Justices, Dis- 
trict Attorney and Marshal of the several Territories, shall be paid 
quarter-yearly at the Treasury of the United States. 

That hereafter the salaries appropriated for the United States 
Judges in the foregoing paragraphs, and judges of the court of 
claims, and of the Territories, may be paid monthly. [Act 
March 3, 1881.] 

Sec. 1883. The fees and costs to be allowed to the United States 
Attorneys and Marshals, to the Clerks of the Supreme and District 
Courts, and to jurors, witnesses, commissioners, and printers, in the 
Territories of the United States, shall be the same for similar ser- 
vices by such persons as prescribed in chapter sixteen, Title "The 
Judiciary," and no other compensation shall be taxed or allowed. 

Sec. 1884. When any officer of a Territory is absent therefrom, 
and from the duties of his office, no salary shall be paid him during 
the year in which such absence occurs, unless good cause therefor 
be shown to the President, who shall officially certify his opinion 
of such cause to the proper accounting officer of the Treasurer, to be 
filed in his office. 

Sec. 1885. The Legislative Assembly of every Territory hereafter 
organized shall hold its first session at such time and place in the 
Territory as the Governor thereof shall aopoint and direct; and at 
the first session of the Legislative Assembly, or as soon thereafter 
as it may be deemed expedient, the Governor and Legislative Assem- 
bly shall proceed to locate and establish the seat of government for 
the Territory at such place as they may think proper ; but such place 
shall thereafter be subject to be changed by the Governor and Legis- 
lative Assembly. 

Sec. 1886. All accounts for disbursements, in the Territories of 
the United States, of money appropriated by Congress for the support 
of government therein, shall be settled and adjusted at the Treas- 
ury Department; and no Act, Resolution or order of the Legislature 
of any Territory, directing the expenditure of the sum, shall be 
deemed a sufficient authority for such disbursement, but sufficient 
vouchers and proof for the same shall be required by the account- 
ing officers of the Treasury. No payment shall be made or allowed, 
unless the Secretary of the Treasury has estimated therefor and the 
object been approved by Congress. No session of the Legislature of 
a Territory shall be held until the appropriation for its expenses has 
been made. 

Sec. 1887. Hereafter no expense for printing exceeding four 
thousand dollars, including printing laws, journals, bills, and neces- 
sary printing of the same nature, shall be incurred for any session of 
the Legislature of any of the Territories. 

And in no case shall the expenditure for public printing in 
any of the Territories exceed the sum of two thousand five hun- 
dred dollars for any one year. [Act June 19, 1878.] 



PROVISIONS COMMON TO ALL THE TERRITORIES 45 

Sec. 1888. No Legislative Assembly of a Territory shall, in any 
instance or under any pretext, exceed the amount appropriated by 
Congress for its annual expenses. 

Be it enacted, etc., That the Legislatures of the Territories of 
the United States now, or hereafter to be organized, shall not pass 
local or special laivs in any of the following enumerated cases, 
that is to say : 

Granting divorces. 

Changing the names of persons or places. 

Laying out, opening, altering, and working roads or highways. 

Vacating roads, town-plats, streets, alleys and public grounds. 

Locating or changing county seats. 

Regulating county and township affairs. 

Regulating the practice in courts of justice. 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates, and constables. 

Providing for changes of venue in civil and criminal cases. 
Incorporating cities, towns, or villages, or changing or amend- 
ing tlie charter of any town, city, or village. 

For the punishment of crimes or misdemeanors. 

For the assessment and collection of taxes for Territorial, 
county, township, or road purposes. 

Summoning and impaneling grand or petit jurors. 

Providing for the management of common schools. 

Regulating the rate of interest on money. 

The opening and conducting of any election or designating the 
place of voting. 

The sale or mortgage of real estate belonging to minors or 
others under disability. 

The protection of game or fish. 

Chartering or licensing ferries or toll bridges. 

Remitting fines, penalties, or forfeitures. 

Creating, increasing or decreasing fees, percentage, or allow- 
ances of public officers during the term for which said officers 
are elected or appointed. 

Changing the law of descent. 

Granting to any corporation, association, or individual the 
right to lay down railroad tracks, or amending existing charters 
for such purposes. 

Granting to any corporation, association, or individual any 
special or exclusive privilege, immunity, or franchise whatever. 

In all other cases where a general law can be made applicable, 
no special law shall be enacted in any of the Territories of the 
United States by the Territorial Legislatures thereof. 

Sec. 2. That no Territory of the United States now or here- 
after to be organized, or any political or municipal corporation 
or subdivision of any such Territory, shall hereafter make any 



46 PROVISIONS COMMON TO ALL THE TERRITORIES 



subscription to the capital stock of any incorporated company, 
or company or association having corporate powers, or in any 
manner loan its credit to, or use it for the benefit of any such 
company or association, or borrow any money for the use of any 
such company or association. 

Sec. 3. That no law of any Territorial Legislature shall au- 
thorize any debt to be contracted by or on behalf of such Terri- 
tory except in the following cases: To meet a casual deficit in 
the revenues, to pay the interest upon -the Territorial debt, to sup- 
press insurrections, or to provide for the public defense, except 
that in addition to any indebtedness created for such purposes the 
Legislature may authorize a loan for the erection of penal, char- 
itable or educational institutions for such Territory, if the total 
indebtedness of the Territory is not thereby made to exceed one 
per centum upon the assessed value of the taxable property in 
such Territory as shown by the last general assessment for tax- 
ation. And nothing in this Act shall be construed to prohibit the 
refunding of any existing indebtedness of such Territory or of 
any political or municipal corporation, county or other subdi- 
vision therein. 

Sec. 4. That no political or municipal corporation, county or 
other subdivision, in any of the Territories of the United States, 
shall ever become indebted in any manner or for any purpose 
to any amount in the aggregate, including existing indebtedness, 
exceeding four per centum on the value of the taxable property 
within such corporation, county, or subdivision, to be ascer- 
tained by the last assessment for Territorial and county taxes 
previous to the incurring of such indebtedness; and all bonds 
or obligations in excess of such amount given by such corporation 
shall be void. That nothing in this Act contained shall be so 
construed as to affect the validity of any Act of any Territorial 
Legislature heretofore enacted, or of any obligations existing or 
contracted thereunder, nor to preclude the issuing of bonds al- 
ready contracted for in pursuance of express provisions of law; 
nor to prevent any Territorial Legislature from legalizing the 
acts of any county, municipal corporation, or subdivision of any 
Territory as to any bonds heretofore issued or contracted to be 
issued. 
Sec. 1889. The Legislative Assemblies of the several Territories 
shall not grant private charters or special privileges, but they may, by 
general incorporation Acts, permit persons to associate themselves to- 
gether as bodies corporate, for mining, manufacturing, and other 
industrial pursuits, and for conducting the business of insurance, 
banks of discount and deposit (but not of issue), loan, trust, and 
guarantee associations, and for the construction or operation of rail- 
roads, wagon roads, irrigating ditches, and the colonization and im- 
provement of lands in connection therewith, or for colleges, semina- 
ries, churches, libraries, or any other benevolent, charitable, or scien- 
tific association. 

Sec. 6. That nothing in this Act contained shall be construed 
to abridge the power of Congress to annul any law passed by a 
Territorial Legislature or to modify any existing law of Con- 



PROVISIONS COMMON TO ALL THE TERRITORIES 47 



gress requiring in any case that the laws of any Territory shall 
be submitted to Congress. 

Sec. 7. That all Acts and parts of Acts hereafter passed by 
any Territorial Legislature in conflict with the provisions of this 
Act shall be null and void. [Act July 30, 1886.] 
Sec. 1890. No corporation or association, for religious or charit- 
able purposes, shall acquire or hold real estate in any Territory, dur- 
ing the existence of the Territorial government, of a greater value 
than fifty thousand dollars ; and all real estate acquired or held by 
such corporation or association contrary hereto shall be forfeited and 
escheat to the United States ; but existing vested rights in real estate 
shall not be impaired by the provisions of this section. 

Sec. 1891. The Constitution and all laws of the United States 
which are not locally inapplicable shall have the same force and ef- 
fect within all the organized Territories, and in every Territory here- 
after organized, as elsewhere within the United States. 

Sec. 2. That the penitentiaries in the Territories of Mon- 
tana, Idaho, and Wyoming, shall continue under the care and 
control of the Marshal of the United States for said Territo- 
ries, under and pursuant to the provisions of the act entitled, 
"An Act in relation to certain Territorial penitentiaries, " ap- 
proved January tenth, eighteen hundred and seventy-one ; which 
said last mentioned act is hereby revived and re-enacted so far 
as the same applies to the Territories of Montana, Idaho and 
Wyoming. [Act June 20, 1874.] 
Sec. 1893. The Attorney General of the United States shall pre- 
scribe all needful rules and regulations for the government of such 
penitentiary, and the Marshal having charge thereof shall cause them 
to be duly and faithfully executed and obeyed, and the reasonable 
compensation of the Marshal and his deputies, for their services un- 
der such regulations, shall be fixed by the Attorney General. 

Sec. 1894. The compensation, as well as the expense incident to 
the subsistence and employment of offenders against the laws of the 
United States, who have been, or may hereafter be, sentenced to im- 
prisonment in such penitentiary, shall be chargeable on, and payable 
out of the fund for defraying the expenses of suits in which the 
United States are concerned, and of the prosecutions for offenses 
committed against the United States; but nothing herein shall be con- 
strued to increase the maximum compensation now allowed by law to 
those officers. 

Sec. 1895. Any person convicted by a court of competent jurisdic- 
tion in a Territory, for a violation of the laws thereof, and sentenced 
to imprisonment, may, at the cost of such Territory, on such terms 
and conditions as may be prescribed by such rules and regulations, be 
received, subsisted, and employed in such penitentiary during the 
term of his imprisonment, in the same manner as if he had been 
convicted of an offense against the laws of the United States. 

Be it enacted, etc., That the Legislative Assemblies of the sev- 
eral Territories of the United States may make such provision for 
the care and custody of such persons as may be convicted of 
crime under the laws of such Territory as they shall deem proper, 

Vol. 1-3 



48 



PROVISIONS CONCERNING PARTICULAR TERRITORIES 



and for that purpose may authorize and contract for the care 
and custody of such convicts in any other Territory or State, and 
provide that such person or persons may be sentenced to con- 
finement accordingly in such Territory or State, and all existing 
legislative enactments of any of the Territories for that pur- 
pose are hereby legalized : Provided, That the expense of keep- 
ing such prisoners shall be borne by the respective Territories, 
and no part thereof shall be borne by the United States. [Act 
June 16, 1880.] 

Be it enacted, etc., That the nature of alcoholic drinks and 
narcotics, and special instructions as to their effect upon the hu- 
man system, in connection with the several divisions of the sub- 
ject of physiology and hygiene, shall be included in the branches 
of study taught in the common or public schools, and in the 
military and naval schools, and shall be studied and taught as 
thoroughly and in the same manner as other like required 
branches are in said schools, by the use of text books in the 
hands of pupils where other branches are thus studied in said 
schools, and by all pupils in all said schools throughout the Ter- 
ritories, in the Military and Naval Academies of the United 
States, and in the District of Columbia, and in all Indian and 
colored schools in the Territories of the United States. 

Sec. 2. That it shall be the duty of the proper officers in con- 
trol of any school described in the foregoing section to enforce 
the provisions of this act ; and any such officer, school director, 
committee, superintendent or teacher who shall refuse or neg- 
lect to comply with the requirements of this Act, or shall neg- 
lect or fail to make proper provisions for the instruction re- 
quired, and in the manner specified by the first section of this 
Act, for all pupils in each and every school under his jurisdiction, 
shall be removed from office, and the vacancy filled as in other 
cases. 

Sec. 3. That no certificate shall be granted to any person to 
teach in the public schools of the District of Columbia or Territo- 
ries, after the first day of January, anno Domini eighteen hun- 
dred and eighty-eight, who has not passed a satisfactory exam- 
ination in physiology and hygiene, with special reference to the 
nature and the effects of alcoholic drinks and other narcotics 
upon the human system. [Act May 20, 1886.] 



CHAPTER TWO. 
Of Provisions Concerning Particular Organized Territories. 



Section 

1902. Boundaries of Idaho. 

1905. Elections in Washington and 
Idaho. 

1906. The Delegate to Congress 
must be a citizen of the United 
States. 

1907. The judicial power, how vest- 
ed in all the Territories except 
Arizona. 



Section 

1909. Writs of error to United States 
Supreme Court. 

Jurisdiction of District Courts. 
Judges of Supreme Courts in 
Idaho and Montana to define 
judicial districts, etc. 
Extra session of Legislative 
Assembly in Washington, Ida- 
ho and Montana. 



1910. 
1914. 



1923. 



PROVISIONS CONCERNING PARTICULAR TERRITORIES 



49 



Section 

1927. Jurisdiction of justices of the 

peace. 
1935. Contingent expenses of certain 

Territories. 

1940. In Washington, Idaho and 
Montana. 

1941. No payment of salaries in cer- 
tain Territories until officers 
enter on their duties. 

1943. In Idaho and Montana, mile- 
age of members. 



Section 

1945. In Idaho and Montana, seat of 
government. 

1946. School lands in certain Terri- 
tories. 

1949. Agencies, etc., continued. 

1951. Disbursing officers in Wash- 
ington, Idaho and Montana, to 
give security. 



Sec. 1902. All that part of the territory of the United States, in- 
cluded within the following limits, to-wit: Beginning at a point in 
the middle channel of the Snake River, where the northern boundary 
of Oregon intersects the same; then follow down the channel of 
Snake River to a point opposite the mouth of the Kooskooskia or 
Clear Water River; thence due north to the forty-ninth parallel of 
latitude ; thence east along that parallel, to the thirty-ninth degree of 
longtitude west of Washington; thence south along that degree of 
longtitude to the crest of the Bitter Root Mountains ; thence southward 
along the crest of the Bitter Root Mountains till its intersection 
with the Rocky Mountains; thence southward along the crest of the 
Rocky Mountains to the thirty-fourth degree of longtitude west of 
Washington ; thence south along that decree of longtitude to the forty- 
second degree of north latitude ; thence west, along that parallel, to the 
eastern boundary of the State of Oregon; thence north, along that 
boundary to the place of beginning, is created into a temporary gov- 
ernment by the name of the Territory of Idaho. 

Sec. 1905. The elections in the Territories of Washington and 
Idaho for Delegates to the House of Representatives shall be held bi- 
ennially, on the Tuesday next following the first Monday in Novem- 
ber; and all elective Territorial, county and precinct officers shall 
hereafter be elected at the times herein specified, unless otherwise 
provided by legislation subsequent hereto, in either of such Territo- 
ries. 

Sec. 1906. The Delegate to the House of Representatives from 
each of the Territories of Washington, Idaho and Montana, must be 
a citizen of the United States. 

Sec. 1907. The judicial power in New Mexico, Utah, Washington, 
Colorado, Dakota, Idaho, Montana, and Wyoming, shall be vested in a 
Supreme Court, District Courts, probate courts, and in justices of 
the peace. 

Be it enacted, etc., That the probate courts of the Territory 
of Idaho, in their respective counties, in addition to their pro- 
bate jurisdiction, be, and they are hereby, authorized to hear 
and determine all civil causes wherein the damage or debt claimed 
does not exceed the sum of five hundred dollars, exclusive of 
interest, and such criminal cases, arising under the laws of the 
Territory as do not require the intervention of a grand jury: Pro- 
vided, That they shall not have jurisdiction in any matter in con- 
troversy, when the title, boundary, or right to the peaceable 
possession of land may be in dispute, or in chancery or divorce 
cases: And, provided further, That in all cases an appeal may 



50 PROVISIONS CONCERNING PARTICULAR TERRITORIES 



be taken from any order, judgment, or decree of said probate 
courts to the District Court. [Act December 13, 1870.] 
Sec. 1909. Writs of error and appeals from the final decisions of 
the Supreme Court of either of the Territories of New Mexico, 
Utah, Colorado, Dakota, Arizona, Idaho, Montana and Wyoming, shall 
be allowed to the Supreme Court of the United States, in the same 
manner and under the same regulations as from the Circuit Courts 
of the United States, where the value of the property or the amount 
in controversy, to be ascertained by the oath of either party, or of 
other competent witnesses, exceeds one thousand dollars, except that 
a writ of error or appeal shall be allowed to the Supreme Court of 
the United States from the decision of the Supreme Courts created 
by this title, or of any Judge thereof, or of the District Courts created 
by this title, or of any Judge thereof, upon writs of habeas corpus 
involving the question of personal freedom. 

Be it enacted, etc., That no appeal or writ of error shall here- 
after be allowed from any judgment or decree in any suit at 
law or in equity in the Supreme Court of the District of Colum- 
bia, or in the Supreme Court of any of the Territories of the 
United States, unless the matter in dispute, exclusive of costs, 
shall exceed the sum of five thousand dollars. 

Sec. 2. That the preceding section shall not apply to any case 
wherein is involved the validity of any patent or copy-right, or 
in which is drawn in question the validity of a treaty or stat- 
ute of or an authority exercised under the United States; but 
in all such cases an appeal or writ of error may be brought 
without regard to the sum or value in dispute. [Act March 3, 
1885.] 

Sec. 2. That the appellate jurisdiction of the Supreme Court 
of the United States over the judgment and decree of said Ter- 
ritorial courts, in cases of trial by jury, shall be exercised by 
writ of error, and in all other cases by appeal according to such 
rules and regulations as to form and modes of proceeding as the 
said Supreme Court have prescribed, or may hereafter prescribe : 
Provided, That on appeal, instead of the evidence at large, a 
statement of the facts of the case in the nature of a special ver- 
dict, and also the rulings of the court on the admission or 
rejection of evidence when excepted to, shall be made and certi- 
fied by the court below, and transmitted to the Supreme Court 
together with the transcript of the proceedings and judgment 
or decree; but no appellate proceedings in said Supreme Court, 
heretofore taken upon any such judgment or decree, shall be 
invalidated by reason of being instituted by writ of error or by 
appeal : And provided further, That the appellate court may 
make any order in any case heretofore appealed, which may 
be necessary to save the rights of the parties ; and that this Act 
shall not apply to cases now pending in the Supreme Court of 
the United States where the record has already been filed. [Act 
April 7, 1874.] 
Sec. 1910. Each of the District Courts in the Territories mentioned 
in the preceding section shall have and exercise the same jurisdic- 
tion, in all cases arising under the Constitution and laws of the United 



PROVISIONS CONCERNING PARTICULAR TERRITORIES 51 



States, as is vested in the Circuit and District Courts of the United 
States ; and the first six days of every term of the respective District 
Courts, or so much thereof as is necessary, shall be appropriated to 
the trial of causes arising under such Constitution and laws; but 
writs of error and appeals in all such cases may be had to the 
Supreme Court of each Territory, as in other cases. 

Sec. 1914. The Judges of the Supreme Courts of the Territories 
of Idaho and Montana, or a majority of them, shall, when assembled 
at their respective seats of government, define the judicial districts of 
each of such Territories, and assign the Judges who may be appointed 
for each of such Territories to the several districts ; and shall also fix 
the times and places for holding courts in the several counties or sub- 
divisions in each of such judicial districts, and alter the times and 
places of holding the courts, as to them may seem proper and con- 
venient ; but not less than two terms a year shall be held at each place 
of holding court in the Territory of Montana. 

Sec. 1923. In each of the Territories of Washington, Idaho, and 
Montana, the Governor shall have power to call the Legislative As- 
sembly together by proclamation, on an extraordinary occasion at 
any time. 

Hereafter no extraordinary session of the Legislature of any 
Territory, wherever the same is now authorized by law, shall be 
called, until the reasons for the same have been presented to the 
President of the United States, and his approval thereof has been 
duly given. [Act June 22, 1874.] 

Sec. 1927. Justices of the peace in the Territories of Colorado, 
Washington, Idaho, Montana and Arizona, shall not have jurisdiction 
of any matter in controversy where the debt or sum claimed, exceeds 
three hundred dollars. [Act January 19, 1883.] 

Sec. 1935. There shall be appropriated annually, one thousand 
dollars, to be expended by the respective governors, to defray the con- 
tingent expenses of New, Mexico, Utah, Colorado, Dakota, Arizona, 
Idaho, Montana and Wyoming, including the salary of the clerks in the 
executive departments of those Territories. 

Sec. 1940. There shall be appropriated, respectively for the Terri- 
tories of Washington, Idaho and Montana, annually, a sufficient sum, 
to be 'expended by the Secretary of each Territory herein named upon 
an estimate to be made by the Secretary of the Treasury, to defray 
the expenses of the Legislative Assembly, and other incidental ex- 
penses. The Governor and Secretary of each Territory above spec- 
ified shall, in the disbursement of all moneys intrusted to them, be gov- 
erned solely by the instructions of the Secretary of the Treasury, and 
shall semi-annually, account to such Secretary for the manner in 
which such sums of money have been expended. 

Sec. 1941. No payment of salary shall be made to the Governor, 
Secretary, Chief Justice, and Associate Justices of Washington, Ida- 
ho and Montana Territories until such officers have entered upon the 
duties of their respective appointments. 

Sec. 1943. The members of the Legislative Assembly of Idaho 
and Montana Territories shall each receive four dollars for every 
twenty miles' travel in going to and returning from the sessions of 



52 PROVISIONS CONCERNING PARTICULAR TERRITORIES 

their respective bodies, estimated according to the nearest usually 
traveled route. 

Sec. 1945. The Seat of government, when once fixed by the Gov- 
ernor and Legislative Assembly of Idaho and Montana, respectively, 
shall not be at any time changed, except by an Act of such Assembly, 
for each Territory, respectively, duly passed and approved, after due 
notice, at the first general election thereafter, by a majority of the 
legal votes cast on that question. 

Sec. 1946. Sections numbered sixteen and thirty-six, in each town- 
ship of the Territories of New Mexico, Utah, Colorado, Dakota, Ari- 
zona, Idaho, Montana and Wyoming shall be reserved for the pur- 
pose of being applied to schools in the several Territories herein 
named and in the States and Territories hereafter to be erected out 
of the same. 

Sec. 1949. The existing agencies and superintendencies of the In- 
dians inhabiting the Territories of Idaho and Montana shall be con- 
tinued with the same powers and duties now prescribed by law, ex- 
cept lhat the President may, at his discretion, change the location of 
the office of such agents or supermten dents. 

Sec. 1951. All officers to be appointed by the President, by and 
with the advice and consent of the Senate, for the Territories of Wash- 
ington, Idaho, and Montana, who, by virtue of the provisions of 
any law now existing, or which may be enacted by Congress, are 
required to give security for moneys that may be entrusted to them 
for disbursement, shall give security at such time and in such manner 
as the Secretary of the Treasury may prescribe. 



IDAHO ADMISSION BILL 



(Public 199) 
AN ACT 



To Provide for the Admission of the State of Idaho into 
the Union. 

Whereas, The people of the Territory of Idaho, did, on the 4th 
day of July, 1889, by a convention ot delegates called and assem- 
bled for that purpose, form for themselves a Constitution, which 
Constitution was ratified and adopted by the people of said Terri- 
tory at an election held therefor on the first Tuesday in November, 
1889, which Constitution is republican in form, and is in conform- 
ity with the Constitution of the United States ; and, 

Whereas, Said convention and the people of said Territory have 
asked the admission of said Territory into the Union of States on an 
equal footing with the original States in all respects whatever. There- 
fore, 

Be it enacted by the Senate and House of Representatives of 
the United States of America, in Congress assembled, That the State 
of Idaho is hereby declared to be a State of the United States of 
America, and is hereby declared admitted into the Union on an equal 
footing with the original .States in all respects whatever; and that 
the Constitution which the people of Idaho have formed for themselves 
be, and the same is hereby, accepted, ratified, and confirmed. 

Section 2. That the said State shall consist of all the territory de- 
scribed as follows : Beginning at the intersection of the thirty-ninth 
meridian with the boundary line between the United States and 
the British possessions; then following said meridian south until it 
reaches the summit of the Bitter Root Mountains ; thence southeast- 
ward along the crest of the Bitter Root range and the Continental 
divide until it intersects the meridian of thirty-four degrees of longi- 
tude; thence southward on this meridian to the forty-second parallel 
of latitude ; thence west on this parallel of latitude to its intersection 
with a meridian drawn through the mouth of the Owyhee river; 
north on this meridian to the mouth of the Owyhee river; thence 
down the mid-channel of the Snake River to the mouth of the Clear- 
water River ; and thence north on the meridian which passes through 
the mouth of the Clearwater to the boundary line between the United 
States and the British possessions, and east on said boundary line to 
the place of beginning. 

Sec. 3. That until the next general census, or until otherwise pro- 
vided by law, said State shall be entitled to one Representative in 
the House of Representatives of the United States, and the election 



54 IDAHO ADMISSION BILL 



of the Representative to the Fifty-first Congress and Fifty-second 
Congress shall take place at the time, and be conducted and certified 
in the same manner as is provided in the Constitution of the State 
for the election of State, district, and other officers in the first in- 
stance. 

The law of the Territory of Idaho for the registration of voters 
shall apply to the first election of State, district, and other officers 
held after the admission of the State of Idaho. County and pre- 
cinct officers elected at the first election held after the admission of 
the State of Idaho shall assume the duties of their respective offices on 
the second Monday of January, 1891. 

Sec. 4. That sections numbered 16 and 36 in every township of 
said State, and where such sections or any parts thereof, have been 
sold or otherwise disposed of by or under the authority of any 
Act of Congress, other lands equivalent thereto, in legal subdivisions 
of not less than one-quarter section, and as contiguous as may be 
to the section in lieu of which the same is taken are hereby grant- 
ed to said State for the support of common schools, such indemnity 
lands to be selected within said State in such manner as the Legisla- 
ture may provide, with the approval of the Secretary of the Interior. 

Sec. 5. That all lands herein granted for educational purposes 
shall be disposed of only at public sale, the proceeds to constitute a 
permanent school fund, the interest of which only shall be expended 
in the support of said schools. But said lands may, under such reg- 
ulations as the Legislature shall prescribe, be leased for periods of 
not more than five years, and such lands shall not be subject to pre- 
emption, homestead entry, or any other entry under the land laws of 
ihe United States, whether surveyed or unsurveyed, but shall be re- 
served for school purposes only. 

Sec. 6. That fifty sections of the unappropriated public lands 
within said State, to be selected and located in legal subdivisions as 
provided in Section 4 of this Act, shall be, and are hereby, granted 
to said State for the purpose of erecting public buildings at the 
Capital of said State for legislative, executive, and judicial purposes. 

Sec. 7. That 5 per cent, of the proceeds of the sales of public 
lands lying within said State which shall be sold by the United 
States subsequent to the admission of said State into the Union, 
after deducting all the expenses incident to the same, shall be paid 
to the said State, to be used as a permanent fund, the interest of 
which only shall be expended for the support of the common schools 
within said State. 

Sec. 8. That the lands granted to the Territory of Idaho by the 
Act of February 18, 1881, entitled "An Act to grant lands to Dakota, 
Montana, Arizona, Idaho, and Wyoming, for university purposes," 
are hereby vested in the State of Idaho to the extent of the full 
quantity of 72 sections to said State, and any portion of said lands 
that may not have been selected by said Territory of Idaho may be 
selected by the said State; but said Act of February 18, 1881, shall be 
so amended as to provide that none of said lands shall be sold 
for less than $10 per acre, and the proceeds shall constitute a per- 
manent fund to be safely invested and held by said State, and the in- 



IDAHO ADMISSION BILL 55 



come thereof be used exclusively for university purposes. The 
schools, colleges, and universities provided for in this Act shall for- 
ever remain under the exclusive control of the said State, and no 
part of the proceeds arising from the sale or disposal of any lands 
herein granted for educational purposes shall be used for the sup- 
port of any sectarian or denominational school, college, or univer- 
sity. 

Sec. 9. That the penitentiary at Boise City, Idaho, and all lands 
connected therewith, and set apart and reserved therefor, and unex- 
pended appropriations of money therefor, and the personal property 
of the United States now being in the Territory of Idaho which has 
been in use in said Territory in the administration of the Territorial 
government, including books and records and the property used at 
the Constitutional convention which convened at Boise City in the 
month of July, 1889, are hereby granted and donated to the State of 
Idaho. 

Sec. 10. That 90,000 acres of land, to be selected and located as 
provided in Section 4 of this Act, are hereby granted to said State for 
the use and support of an agricultural college in said State, as pro- 
vided in the Acts of Congress making donations of lands for such 
purposes. 

Sec. 11. That in lieu of the grant of land for purposes of internal 
improvement made to the new States by the eighth section of the Act 
of September 4, 1841, which section is hereby repealed as to the State 
of Idaho, and in lieu of any claim or demand by the said State under 
the Act of September 28, 1850, and Section 2479 of the Revised Stat- 
utes, making a grant of swamp and overflowed lands to certain 
States, which grant is hereby declared, is not extended to the State 
of Idaho, and in lieu of any grant of saline lands to said State, the 
following grants of land are hereby made, to-wit: To the State of 
Idaho : For the establishment and maintenance of a scientific school, 
100,000 acres ; for State normal schools, 100,000 ; for the support and 
maintenance of the insane asylum, located at Blackfoot, 50,000 
acres; for the support and maintenance of the State university, lo- 
cated at Moscow, 50,000; for the support and maintenance of the 
penitentiary, located at Boise City, 50,000 acres; for other State, 
charitable, educational, penal and reformatory institutions, 150,000 
acres. None of the lands granted by this Act shall be sold for less 
than $10 an acre. 

Sec. 12. That the State of Idaho shall not be entitled to any fur- 
ther or other grants of land for any purpose than as expressly pro- 
vided in this Act. And the lands granted by this section shall be held, 
appropriated, and disposed of exclusively for the purpose herein men- 
tioned, in such manner as the Legislature of the State may provide. 

Sec. 13. That all mineral lands shall be exempted from the grants 
by this Act. But if section 16 and 36, or any subdivision, or por- 
tion of any smallest subdivision, thereof, in any township, shall be 
found by the Department of the Interior to be mineral lands, said 
State is hereby authorized and empowered to select, in legal subdi- 
visions, an equal quantity of other unappropriated lands in said State, 
in lieu thereof, for the use and the benefit of the common schools 
of said State. 



56 IDAHO ADMISSION BILL 



Sec. 14. That all lands granted in quantity or as indemnity by 
this Act shall be selected, under the direction of the Secretary of the 
Interior, from the surveyed unreserved, and unappropriated pub- 
lic lands of the United States, within the limits of the State entitled 
thereto. And there shall be deducted from the number of acres of 
land donated by this Act for the specific objects to said State the num- 
ber of acres heretofore donated by Congress to said Territory for sim- 
ilar objects. 

Sec. 15. That the sum of $28,000, or so much thereof as may be 
necessary, is hereby appropriated, out of any money in the Treasury 
not otherwise appropriated, for defraying the expenses of said conven- 
tion, and for the payment of the members thereof, under the same 
rules and regulations and at the same rates as are now provided 
by law for the payment of the Territorial Legislatures, and for 
elections held therefor and thereunder. Any money hereby ap- 
propriated not necessary for such purposes shall be covered into 
the Treasury of the United States. 

Sec. 16. That the said State shall constitute a judicial district, 
the name thereof to be the same as the name of the State and the 
Circuit and District Courts therefor shall be held at the Capital of 
the State for the time being, and the said district shall, for judicial 
purposes, until otherwise provided, be attached to the Ninth 
Judicial Circuit. There shall be appointed for said district one 
District Judge, one United States Attorney and one United States 
Marshal. The Judge of said district shall receive a yearly salary of 
$3500, payable in four equal instalments, on the first days of Jan- 
uary, April, July and October of each year, and shall reside in 
the district. There shall be appointed clerks of said courts in the 
said district, who shall keep their offices at the Capital of said State. 
The regular terms of said courts shall be held in said district, at 
the place aforesaid, on the first Monday in April and the first Mon- 
day in November of each year, and only one grand jury and one 
petit jury shall be summoned in both Circuit and District Courts. 
The Circuit and District Courts for said district, and the Judges 
thereof respectively, shall possess the same powers and jurisdiction, 
and perform the same duties required to be performed by the other 
Circuit and District Courts and Judges of the United States, and 
shall be governed by the same laws and regulations. The Marshal, 
District Attorney, and the clerks of the Circuit and District Courts 
of said district, and all other officers and persons performing duties 
in the administration of justice therein, shall severally possess the 
powers and perform the duties lawfully possessed and required to be 
performed by similar officers in other districts of the United States, 
and shall, for the services they may perform, receive the fees and 
compensation allowed by law to other similar officers and persons per- 
forming similar duties in the State of Oregon. 

Sec. 17. That all cases of appeal or writ of error heretofore pros- 
ecuted and now pending in the Supreme Court of the United States 
upon any record from the Supreme Court of Said Territory, or that 
may hereafter lawfully be prosecuted upon any record from said 
Court, may be heard and determined by said Supreme Court of the 
United States ; and the mandate of execution or for further proceed- 



IDAHO ADMISSION BILL 57 



ings shall be directed by the Supreme Court of the United States to 
the Circuit or District Court hereby established within the said State 
from or to the Supreme Court of such State, as the nature of the case 
may require. And the Circuit, District, and State Courts herein 
named shall, respectively, be the successors of the Supreme Court of 
the Territory, as to all such cases arising within the limits embraced 
within the jurisdiction of such courts, respectively, with full power 
to proceed with the same, and award mesne or final process therein; 
and that from all judgments and decrees of the Supreme Court of 
the Territory mentioned in this Act, in any case arising within the 
limits of the proposed State prior to the admission, the parties to 
such judgment shall have the same right to prosecute appeals and 
writs of error to the Supreme Court of the United States as they 
shall have had by law prior to the admission of said State into the 
Union. 

Sec. 18. That in respect to all cases, proceedings, and matters now 
pending in the Supreme or District Courts of said Territory at the 
time of the admission into the Union of the State of Idaho, and aris- 
ing within the limits of such State, whereof the Circuit or District 
Courts by this Act established might have had jurisdiction under the 
laws of the United States had such Courts existed at the time of 
the commencement of such cases, the said Circuit and District 
Courts, respectively, shall be the successors of said Supreme and 
District Courts of said Territory; and in respect to all other cases, 
proceedings, and matters pending in the Supreme or District Courts 
of said Territory at the time of the admission of such Territory into 
the Union, arising within the limits of said State, the Courts estab- 
lished by such State shall, respectively, be the successors of said Su- 
preme and District Territorial Courts;. and all the files, records, in- 
dictments and proceedings relating to any such cases shall be trans- 
ferred to such Circuit, District, and State Courts, respectively, and 
the same shall be proceeded with therein in due course of law; but 
no writ, action, indictment, cause, or proceeding now pending, or 
that prior to the admission of the State shall be pending, in any Ter- 
ritorial Court in said Territory, shall abate by the admission of such 
State into the Union, but the same shall be transferred and proceed- 
ed with in the proper United States Circuit, District, or State Court, 
as the case may be: Provided, however, That in all civil actions, 
causes and proceedings in which the United States is not a party, 
transfers shall not be made to the Circuit and District Courts of the 
United States, except upon written request of one of the parties to 
such action or proceedings filed in the proper court; and, in the absence 
of such request, such cases shall be proceeded with in the proper 
State courts. 

Sec. 19. That from and after the admission of said State into the 
Union, in pursuance of this Act, the laws of the United States not 
locally inapplicable shall have the same force and effect within the 
said State as elsewhere within the United States. 

Sec. 20. That the Legislature of the said State may elect two 
Senators of the United States as is provided by the Constitution of 
said State, and the Senators and Representatives of said State shall 
be entitled to seats in Congress, and to all the rights and privileges of 



58 IDAHO ADMISSION BILL 



Senators and Representatives of other States in the Congress of 
the United States. 

Sec. 21. That, until the State officers are elected and qualified 
under the provisions of the Constitution of said State, the officers of 
the Territory of Idaho shall discharge the duties of their respective 
offices under the Constitution of the State, in the manner and form 
as therein provided; and all laws in force, made by said Territory, at 
the time of its admission into the Union, shall be in force in said 
State, except as modified or changed by this Act or by the Constitu- 
tion of the State. 

Sec. 22. That all Acts or parts of Acts in conflict with the pro- 
visions of this Act, whether passed by Legislature of said Terri- 
tory or by Congress, are hereby repealed. 

Approved July 3, 1890. 



UNITED STATES STATUTES RELATIVE TO 
AUTHENTICATION OF RECORDS 



Sec. 905. The Acts of the Legislature of any State or Territory, 
or of any country subject to the jurisdiction of the United States, shall 
be authenticated by having the seals of such State, Territory or coun- 
try affixed thereto. The records and judicial proceedings of the courts 
of any State or Territory, or of any such country, shall be proved 
or admitted in any other court within the United States, by the 
attestation of the clerk, and the seal of the court annexed, if there be 
a seal, together with a certificate of the judge, Chief Justice, or pre- 
siding magistrate, that the said attestation is in due form. And the 
said records and judicial proceedings, so authenticated, shall have 
such faith and credit given to them in every court within the United 
States as they have by law or usage in the courts of the State from 
which they were taken. 

Sec. 906. All records and exemplifications of books, which may 
be kept in any public office of any State or Territory, or of any coun- 
try subject to the jurisdiction of the United States, not appertaining 
to a court, shall be proved or admitted in any court of office in 
any other State or Territory, or in any such country, by the attesta- 
tion of the keeper of the said records or books, and the seal of his 
office annexed, if there be a seal, together with a certificate of the 
presiding justice of the court of the county, parish, or district in 
which such office may be kept, or of the Governor or Secretary 
of State, the Chancellor or keeper of the great seal, of the State, or 
Territory, or country, that the said attestation is in due form, and 
by the proper officers. If the said certificate is given by the presiding 
justice of a court, it shall be further authenticated by the clerk or pro- 
thonotary of the said court, who shall certify, under his hand and 
the seal of his office, that the said presiding justice is duly commis- 
sioned and qualified ; or, if given by such Governor, Secretary, Chan- 
cellor or keeper of the great seal, it shall be under the great seal of 
the State, Territory, or country aforesaid in which it is made. And 
the said records and exemplifications, so authenticated, shall have 
such faith and credit given to them in every court and office with 
the United States as they have by law or usage in the courts or 
offices of the State, Territory, or country, as aforesaid, from which 
they are taken. 

Sec. 907. It shail be lawful for any keeper or person having the 
custody of laws, judgments, orders, decrees, journals, correspondence, 
or other public documents of any foreign government or its agents, 
relating to the title to lands claimed by or under the United States 
on the application of head of one of the departments, the Solicitor 



60 AUTHENTICATION OF RECORDS 



of the Treasury, or the Commissioner of the General Land Office, to 
authenticate copies thereof under his hand and seal, and to certify 
them to be correct and true copies of such laws, judgments, orders, 
decrees, journals, correspondence, or other public documents, re- 
spectively, and when such copies are certified by an American Min- 
ister or Consul, under his hand and seal of office, to be true copies of 
the originals, they shall be sealed up by him and returned to the 
Solicitor of the Treasury, who shall file them in his office, and cause 
them to be recorded in a book to be kept for that purpose. A copy of 
any such law, judgment, order, decree, journal, correspondence, or 
other public document, so filed, or of the same so recorded in said 
book, may be read in evidence in any court, where the title to land 
claimed by or under the United States may come into question, equally 
with the originals. 



THE NATURALIZATION LAW 



(Public No. 338.) 

AN ACT 

To Establish a Bureau of Immigration and Naturalization, and 
to Provide for a Uniform Rule for the Naturalization of 
Aliens Throughout the United States. 

Be it enacted by the Senate, and House of -Representatives of the 
United States of America in Congress Assembled, That the designa- 
tion of the Bureau of Immigration in the Department of Commerce 
and Labor is hereby changed to the "Bureau of Immigration and 
Naturalization," which said bureau, under the direction and control 
of the Secretary of Commerce and Labor, in addition to the duties 
now provided by law, shall have charge of all matters concerning the 
naturalization of aliens. That it shall be the duty of the said bureau 
to provide, for use at the various immigration stations throughout 
the United States, books of record, wherein the commissioners of im- 
migration shall cause a registry to be made in the case of each alien 
arriving in the United States from and after the passige of this 
Act of the name, age, occupation, personal description (includ- 
ing height, complexion, color of hair and eyes), the place of birth, 
the last residence, the intended place of residence in the United 
States, and the date of arrival of said alien, and, if entered through 
a port, the name of the vessel in which he comes. And it shall be 
the duty of said commissioners of immigration to cause to be grant- 
ed to such alien a certificate of such registry, with the particulars 
thereof. 

Sec. 2. That the Secretary of Commerce and Labor shall provide 
the said bureau with such additional furnished offices within the city 
of Washington, such books of record and facilities, and such addi- 
tional assistants, clerks, stenographers, typewriters, and other em- 
ployees as may be necessary for the proper discharge of the duties 
imposed by this Act upon such bureau, fixing the compensation of 
such additional employees until July first, nineteen hundred and seven, 
within the appropriations made for that purpose. 

Sec. 3. That exclusive jurisdiction to naturalize aliens as citi- 
zens of the United States is hereby conferred upon the following 
specified courts : 

United States Circuit and District Courts now existing, or which 
may hereafter be established by Congress in any State, United 



62 THE NATURALIZATION LAW 



States District Courts for the Territories of Arizona, New Mexico, 
Oklahoma, Hawaii, and Alaska, the Supreme Court of the District 
of Columbia, and the United States courts for the Indian Territory; 
also all courts of record in any State or Territory now existing, or 
which may hereafter be created, having a seal, a clerk, and juris- 
diction in actions at law or equity, or law and equity, in which the 
amount in controversy is unlimited. 

That the naturalization jurisdiction of all courts herein specified, 
State, Territorial, and Federal, shall extend only to aliens resident 
within the respective judicial districts of such courts. 

The courts herein specified shall, upon the requisition of the 
clerks of such courts, be furnished from time to time by the Bureau 
of Immigration and Naturalization with such blank forms as may be 
required in the naturalization of aliens, and all certificates of natu- 
ralization shall be consecutively numbered and printed on safety 
paper furnished by said bureau. 

Sec. 4. That an alien may be admitted to become a citizen of the 
United States in the following manner and not otherwise: 

First. He shall declare on oath before the clerk of any court au- 
thorized by this Act to naturalize aliens, or his authorized deputy, 
in the district in which such alien resides, two years at least prior 
to his admission, and after he has reached the age of eighteen years, 
that it is bona fide his intention to become a citizen of the United 
States, and to renounce forever all allegiance and fidelity to any 
foreign prince, potentate, state, or sovereignty, and particularly, by 
name, to the prince, potentate, state, or sovereignty of which the 
alien may be at the time a citizen or subject. And such declaration 
shall set forth the name, age, occupation, personal description, 
place of birth, last foreign residence and allegiance, the date of ar- 
rival, the name of the vessel, if any, in which he came to the United 
States, and the present place of residence in the United States of said 
alien : Provided, however, That no alien who, in conformity with 
the law in force at the date of his declaration, has declared his in- 
tention to become a citizen of the United States shall be required to 
renew such declaration. 

Second. Not less than two years nor more than seven years after 
he has made such declaration of intention he shall make and file, in 
duplicate, a petition in writing, signed by the applicant in his own 
handwriting and duly verified, in which petition such applicant shall 
state his full name, his place of residence (by street and number, 
if possible), his occupation, and, if possible, the date and place of 
his birth ; the place from which he emigrated, and the date and place 
of his arrival in the United States, and, if he entered through a 
oort the name of the vessel on which he arrived; the time when and 
the place and name of the court where he declared his intention to 
become a citizen of the United States ; if he is married he shall 
state the name of his wife, and, if possible, the country of her na- 
tivity and her place of residence at the time of filing this petition ; and 
if he has children, the name, date, and place of birth and place of 
residence of each child living at the time of the filing of his peti- 
tion : Provided, That if he has filed his declaration before the pas- 
sage of this Act he shall not be required to sign the petition in his 
own handwriting. 



THE NATURALIZATION LAW 63 



The petition shall set forth that he is not a disbeliever in or op- 
posed to organized government, or a member of or affiliated with 
any organization or body of persons teaching disbelief in or opposed 
to organized government, a polygamist or believer in the practice of 
polygamy, and that it is his intention to become a citizen of the 
United States and to renounce absolutely and forever all allegiance 
and fidelity to any foreign prince, potentate, state, or sovereignty, 
and particularly by name to the prince, potentate, state, or sovereignty 
of which he at the time of filing of his petition may be a citizen or sub- 
ject, and that it is his intention to reside permanently within the 
United States, and whether or not he has been denied admission as 
a citizen of the United States, and, if denied, the ground or grounds 
of such denial, the court or courts in which such decision was ren- 
dered, and that the cause for such denial has since been cured or 
removed, and every fact material to his naturalization and required 
to be proved upon the final hearing of his application. 

The petition shall also be verified by the affidavits of at least two 
credible witnesses, who are citizens of the United States, and who 
shall state in their affidavits that they have personally known the 
applicant to be a resident of the United States for a period of 'at 
least five years continuously, and of the State, Territory, or district 
in which the application is made for a period of at least one year 
immediately preceding the date of the filing of his petition, and 
that they each have personal knowledge that the petitioner is a per- 
son of good moral character, and that he is in every way qualified, 
in their opinion, to be admitted as a citizen of the United States. 

At the time of filing his petition there shall be filed with the clerk 
of the court a certificate from the Department of Commerce and 
Labor, if the petitioner arrives in the United States after the pas- 
sage of this Act, stating the date, place, and manner of his arrival 
in the United States, and the declaration of intention of such pe- 
titioner, which certificate and declaration shall be attached to and 
made a part of said petition. 

Third. He shall, before he is admitted to citizenship, declare on 
oath in open court that he will support the Constitution of the United 
States, and that he absolutely and entirely renounces and abjures 
all allegiance and fidelity to any foreign prince, potentate, state, or 
sovereignty, and particularly by name to the prince, potentate, state, 
or sovereignty of which he was before a citizen or subject; that he 
will support and defend the Constitution and laws of the United 
States against all enemies, foreign and domestic, and bear true faith 
and allegiance to the same. 

Fourth. It shall be made to appear to the satisfaction of the 
court admitting any alien to citizenship that immediately preceding 
the date of his application he has resided continuously within the 
United States five years at least, and within the State or Territory 
where such court is at the time held one year at least, and that dur- 
ing that time he has behaved as a man of good moral character, at- 
tached to the principles of the Constitution of the United States, 
and well disposed to the good order and happiness of the same. In 
addition to the oath of the applicant, the testimony of at least two 
witnesses, citizens of the United States, as to the facts of residence, 



64 THE NATURALIZATION LAW 



moral character, and attachment to the principles of the Constitution 
shall be required, and the name, place of residence, and occupation of 
each witness shall be set forth in the record. 

Fifth. In case the alien applying to be admitted to citizenship has 
borne any hereditary title, or has been of any of the orders of no- 
bility in the kingdom or state from which he came, he shall, in addi- 
tion to the above requisites, make an express renunciation of his title 
or order of nobility in the court to which his application is made, 
and his renunciation shall be recorded in the court. 

Sixth. When any alien who has declared his intention to become 
a citizen of the United States dies before he is actually naturalized 
the widow and minor children of such alien may, by complying with 
the other provisions of this Act, be naturalized without making any 
declaration of intention. 

Sec. 5. That the clerk of the court shall, immediately after filing 
the petition, give notice thereof by posting in a public and conspicu- 
ous place in his office, or in the building in which his office is situ- 
ated, under an appropriate heading, the name, nativity, and resi- 
dence of the alien, the date and place of his arrival in the United 
States, and the date, as nearly as may be, for the final hearing of his 
petition, and the names of the witnesses whom the applicant expects 
to summon in his behalf; and the clerk shall, if the applicant re- 
quests it, issue a subpoena for the witnesses so named by the said ap- 
plicant to appear upon the day set for the final hearing, but in case 
such witnesses can not be produced upon the final hearing other wit- 
nesses may be summoned. 

Sec. 6. That petitions for naturalization may be made and filed 
during term time or vacation of the court and shall be docketed the 
same day as filed, but final action thereon shall be had only on stated 
days, to be fixed by rule of the court, and in no case shall final action 
be had upon a petition until at least ninety days have elapsed after 
filing and posting the notice of such petition : Provided, That no 
person shall be naturalized nor shall any certificate of naturalization 
be issued by any court within thirty days preceding the holding of 
any general election within its territorial jurisdiction. It shall be 
lawful, at the time and as a part of the naturalization of any alien, 
for the court, in its discretion, upon the petition ' of such alien, to 
make a decree changing the name of said alien, and his certificate of 
naturalization shall be issued to him in accordance therewith. 

Sec. 7. That no person who disbelieves in or who is opposed to or- 
ganized government, or who is a member of or affiliated with any 
organization entertaining and teaching such disbelief in or opposi- 
tion to organized government, or who advocates or teaches the 
duty, necessity or propriety of the unlawful assaulting or killing of 
any officer or officers, either of specific individuals or of officers gen- 
erally, of the Government of the United States, or of any other or- 
ganized government, because of his or their official character, or 
who is a polygamist, shall be naturalized or be made a citizen of the 
United States. 

Sec. 8. That no alien shall hereafter be naturalized or admitted as 
a citizen of the United States who can not speak the English Ian- 



THE NATURALIZATION LAW 65 

guage: Provided, That this requirement shall not apply to aliens 
who are physically unable to comply therewith, if they are otherwise 
qualified to become citizens of the United States : And provided fur- 
ther, That the requirements of this section shall not apply to any 
alien who has prior to the passage of this Act declared his inten- 
tion to become a citizen of the United States in conformity with the 
law in force at the date of making such declaration : Provided fur- 
ther, That the requirements of section eight shall not apply to aliens 
who shall hereafter declare their intention to become citizens and who 
shall make homestead entries upon the public lands of the United 
States and comply in all respects with the laws providing for home- 
stead entries on such lands. 

Sec. 9. That every final hearing upon such petition shall be had in 
open court before a judge or judges thereof, and every final order 
which may be made upon such petition shall be under the hand of the 
court and entered in full upon a record kept for that purpose, and 
upon such final hearing of such petition the applicant and witnesses 
shall be examined under oath before the court and in the presence of 
the court. 

Sec. 10. That in case the petitioner has not resided in the State, 
Territory, or district for a period of five years continuously and im- 
mediately preceding the filing of his petition he may establish by 
two witnesses, both in his petition and at the hearing, the time of 
his residence within the. State, provided that it has been for more 
than one year, and the remaining portion of his five years' resi- 
dence within the United States required by law to be established 
may be proved by the depositions of two or more witnesses who are 
citizens of the United States upon notice to the Bureau of Immigra- 
tion and Naturalization and the United States Attorney for the dis- 
trict in which said witnesses may reside. 

Sec. 11. That the United States shall have the right to appear be- 
fore any court or courts exercising jurisdiction in naturalization pro- 
ceedings for the purpose of cross-examining the petitioner and the 
witnesses produced in support of his petition concerning any mat- 
ter touching or in any way affecting his right to admission to citi- 
zenship, and shall have the right to call witnesses, produce evidence, 
and be heard in opposition to the granting of any petition in natural- 
ization proceedings. 

Sec. 12. That it is hereby made the duty of the clerk of each and 
every court exercising jurisdiction in naturalization matters under the 
provisions of this Act to keep and file a duplicate of each declaration 
of intention made before him and to send to the Bureau of Immi- 
gration and Naturalization at Washington, within thirty days after 
the issuance of a certificate of citizenship, a duplicate of such certifi- 
cate, and to make and keep on file in his office a stub for each certifi- 
cate so issued by him, whereon shall be entered a memorandum of all 
the essential facts set forth in such certificate. It shall also be the 
duty of the clerk of each of said courts to report to the said bureau, 
within thirty days after the final hearing and decision of the court, 
the name of each and every alien who shall be denied naturalization, 
and to furnish to said bureau duplicates of all petitions within thirty 
days after the filing of the same, and certified copies of such other 



66 THE NATURALIZATION LAW 



proceedings and orders instituted in or issued out of said court af- 
fecting or relating to the naturalization of aliens as may be required 
from time to time by the said bureau. 

In case any such clerk or officer acting under his direction shall re- 
fuse or neglect to comply with any of the foregoing provisions he shall 
forfeit and pay to the United States the sum of twenty-five dollars 
in each and every case in which such violation or omission occurs, and 
the amount of such forfeiture may be recovered by the United States 
in an action of debt against such clerk. 

Clerks of courts having and exercising jurisdiction in naturaliza- 
tion matters shall be responsible for all blank certificates of citizen- 
ship received by them from time to time from the Bureau of Immigra- 
tion and Naturalization, and shall account for the same to the said 
bureau whenever required so to do by such bureau. No certificate of 
citizenship received by any such clerk which may be defaced or in- 
jured in such manner as to prevent its use as herein provided shall 
in any case be destroyed, but such certificate shall be returned to 
the said bureau ; and in case any such clerk shall fail to return or 
property account for any certificate furnished by the said bureau, as 
herein provided, he shall be liable to the United States in the sum 
of fifty dollars, to be recovered in an action of debt, for each and 
every certificate not properly accounted for or returned. 

Sec. 13. That the clerk of each and every court exercising juris- 
diction in naturalization cases shall charge, collect, and account for 
the following fees in each proceeding : 

For receiving and filing a declaration of intention and issuing a 
duplicate thereof, one dollar. 

For making, filing and docketing the petition of an alien for ad- 
mission as a citizen of the United States and for the final hearing 
thereon, two dollars; and for entering the final order and the issu- 
ance of the certificate of citizenship thereunder, if granted, two 
dollars. 

The clerk of any court collecting such fees is hereby authorized 
to retain one-half of the fees collected by him in such naturalization 
proceeding; the remaining one-half of the naturalization fees in 
each case collected by such clerks, respectively, shall be accounted 
for in their quarterly accounts, which they are hereby required to 
render the Bureau of Immigration and Naturalization, and paid over 
to such bureau within thirty days from the close of each quarter in 
each and every fiscal year, and the moneys so received shall be paid 
over to the disbursing clerk of the Department of Commerce and 
Labor, who shall thereupon deposit them in the Treasury of the 
United States, rendering an account therefor quarterly to the Audi- 
tor for the State and other departments, and the said disbursing clerk 
shall be held responsible under his bond for said fees so received. 

In addition to the fees herein required, the petitioner shall, upon 
the filing of his petition to become a citizen of the United States, 
deposit with and pay to the clerk of the court a sum of money suf- 
ficient to cover the expense of subpoenaing and paying the legal fees 
of any witnesses for whom he may request a subpoena, and upon 
the final discharge of such witnesses they shall receive, if they demand 
the same from the clerk, the customary and usual witness fees from 
the moneys which the petitioner shall have paid to such clerk for such 



THE NATURALIZATION LAW 67 

purpose, and the residue, if any, shall be returned by the clerk to the 
petitioner: Provided, That the clerks of courts exercising jurisdic- 
tion in naturalization proceedings shall be permitted to retain one-half 
of the fees in any fiscal year up to the sum of three thousand dol- 
lars, and that all fees received by such clerks in naturalization pro- 
ceedings in excess of such amount shall be accounted for and paid 
over to said bureau as in case of other fees to which the United 
States may be entitled under the provisions of this Act. The clerks of 
the various courts exercising jurisdiction in naturalization proceed- 
ings shall pay all additional clerical force that may be required in 
performing the duties imposed by this Act upon the clerks of courts 
from fees received by such clerks in naturalization proceedings. 
And in case the clerk of any court collects fees in excess of the sum 
of six thousand dollars in any one year, the Secretary of Commerce 
and Labor may allow to such clerk from the money which the United 
States shall receive additional compensation for the employment of 
additional clerical assistance, but for no other purpose, if in the 
opinion of the said Secretary the business of such clerk warrants such 
allowance. 

Sec. 14. That the declarations of intention and the petitions for 
naturalization shall be bound in chronological order in separate vol- 
umes, indexed, consecutively numbered, and made part of the records 
of the court. Each certificate of naturalization issued shall bear upon 
its face, in a place prepared therefor, the volume, number and page 
number of the petition whereon such certificate was issued, and the 
volume number and page number of the stub of such certificate. 

Sec. 15. That it shall be the duty of the United States District At- 
torneys for the respective districts, upon affidavit showing good cause 
therefor, to institute proceedings in any court having jurisdiction 
to naturalize aliens in the judicial district in which the naturalized 
citizen may reside at the time of bringing the suit, for the purpose 
of setting aside and canceling the certificate of citizenship on the 
ground of fraud or on the ground that such certificate of citizenship 
was illegally procured. In any such proceedings the party holding 
the certificate of citizenship alleged to have been fraudulently or ille- 
gally procured shall have sixty days personal notice in which to make 
answer to the petition of the United States ; and if the holder of such 
certificate be absent from the United States or from the district in 
which he last had his residence, such notice shall be given by publi- 
cation in the manner provided for the service of summons by publi- 
cation or upon absentees by the laws of the State or the place where 
such suit is brought. 

If any alien who shall have secured a certificate of citizenship un- 
der the provisions of this Act shall, within five years after the issu- 
ance of such certificate, return to the country of his nativity, or go 
to any other foreign country, and take permanent residence there- 
in, it shall be considered prima facie evidence of a lack of intention 
on the part of such alien to become a permanent citizen of the 
United States at the time of filing his application for citizenship, and, 
in the absence of countervailing evidence, it shall be sufficient in the 
proper proceeding to authorize the cancellation of his certificate of 
citizenship as fraudulent, and the diplomatic and consular officers 



68 THE NATURALIZATION LAW 



of the United States in foreign countries shall from time to time, 
through the Department of State, furnish the Department of Justice 
with the names of those within their respective jurisdictions who have 
such certificates of citizenship and who have taken permanent resi- 
dence in the country of their nativity, or in any other foreign coun- 
try, and such statements, duly certified, shall be admissible in evi- 
dence in all courts in proceedings to cancel certificates of citizenship. 

Whenever any certificate of citizenship shall be set aside or can- 
celled, as herein provided, the court in which such judgment or de- 
cree is rendered shall make an order canceling such certificate of 
citizenship and shall send a certified copy of such order to the Bu- 
reau of Immigration and Naturalization; and in case such certifi- 
cate was not originally issued by the court making such order it 
shall direct the clerk of the court to transmit a copy of such order 
and judgment to the court out of which such certificate of citizen- 
ship shall have been originally issued. And it shall thereupon be the 
duty of the clerk of the court receiving such certified copy of the 
order and judgment of the court to enter the same of record and to 
cancel such original certificate of citizenship upon the records and 
to notify the Bureau of Immigration and Naturalization of such 
cancellation. 

The provisions of this section shall apply not only to certificates 
of citizenship issued under the provisions of this Act, but to all cer- 
tificates of citizenship which may have been issued heretofore by any 
court exercising jurisdiction in naturalization proceedings under prior 
laws. 

Sec. 16. That every person who falsely makes, forges, counter- 
feits or causes or procures to be falsely made, forged, or counterfeited, 
or knowingly aids or assists in falsely making, forging, or counter- 
feiting any certificate of citizenship, with intent to use the same, or 
with the intent that the same may be used by some other person or 
persons, shall be guilty of a felony, and a person convicted of such 
offense shall be punished by imprisonment for not more than ten 
years, or by a fine of not more than ten thousand dollars, or by both 
such fine and imprisonment. 

Sec. 17. That every person who engraves, or causes or procures 
to be engraved, or assists in engraving, any plate in the likeness of 
any plate designed for the printing of a certificate of citizenship, or 
who sells any such plate, or who brings into the United States from 
any foreign place any such plate, except under the direction of the 
Secretary of Commerce and Labor, or other proper officer, and any 
person who has in his control, custody, or possession any metallic 
plate engraved after the similitude of any plate from which any 
such certificate has been printed, with intent to use such plate or 
suffer the same to be used in forging or counterfeiting any such 
certificate or any part thereof; and every person who prints, photo- 
graphs, or in any other manner causes to be printed, photographed, 
made, or executed, any print or impression in the likeness of any such 
certificate, or any part thereof, or who sells any such certificate, or 
brings the same into the United States from any foreign place, ex- 
cept by direction of some proper officer of the United States, or who 
has in his possession a distinctive paper which has been adopted by 



THE NATURALIZATION LAW 69 

the proper officer of the United States for the printing of such cer- 
tificate, with intent to unlawfully use the same, shall be punished 
by a fine of not more than ten thousand dollars, or by imprisonment 
at hard labor for not more than ten years, or by both such fine and 
imprisonment. 

Sec. 18. That it is hereby made a felony for any clerk or other 
person to issue or be a party to the issuance of a certificate of citi- 
zenship contrary to the provisions of this Act, except upon a final 
order under the hand of a court having jurisdiction to make such or- 
der, and upon conviction thereof such clerk or other person shall 
be punished by imprisonment for not more than five years and by a 
fine of not more than five thousand dollars, in the discretion of the 
court. 

Sec. 19. That every person who without lawful excuse is possessed 
of any blank certificate of citizenship provided by the Bureau of 
Immigration and Naturalization, with intent unlawfully to use the 
same, shall be imprisoned at hard labor not more than five years 
or be fined not more than one thousand dollars. 

Sec. 20. That any clerk or other officer of a court having power 
under this Act to naturalize aliens, who wilfully neglects to render 
true accounts of moneys received by him for naturalization pro- 
ceedings or who wilfully neglects to pay over any balance of such 
moneys due to the United States within thirty days after said pay- 
ment shall become due and demand therefor has been made and 
refused, shall be deemed guilty of embezzlement of the public 
moneys, and shall be punishable by imprisonment for not more than 
five years, or by a fine of not more than five thousand dollars, or both. 

Sec. 21. That it shall be unlawful for any clerk of any court or 
his authorized deputy or assistant exercising jurisdiction in natural- 
ization proceedings, or to demand, charge, collect, or receive any other 
or additional fees or moneys in naturalization proceedings save the 
fees and moneys herein specified and a violation of any of the provis- 
ions of this section or any part thereof is hereby declared to be a mis- 
demeanor and shall be punished by imprisonment for not more than 
two years, or by a fine of not more than one thousand dollars, or by 
both such fine and imprisonment. 

Sec. 22. That the clerk of any court exercising jurisdiction in nat- 
uralization proceedings, or any person acting under authority of 
this Act, who shall knowingly certify that a petitioner, affiant, or 
witness named in an affidavit, petition or certificate of citizenship, or 
other paper or writing required to be executed under the provisions 
of this Act, personally appeared before him and was sworn thereto, 
or acknowledged the execution thereof or signed the same, when in 
fact such petitioner, affiant, or witness did not personally appear 
before him, or was not sworn thereto, or did not execute the same, or 
did not acknowledge the execution thereof, shall be punished by a 
fine not exceeding five thousand dollars, or by imprisonment not to 
exceed five years. 

Sec. 23. That any person who knowingly procures naturalization 
in violation of the provisions of this Act shall be fined not more than 
five thousand dollars, or shall be imprisoned not more than five 



70 THE NATURALIZATION LAW 



years, or both, and upon conviction the court in which such conviction 
is had shall thereupon adjudge and declare the final order admitting 
such person to citizenship void. Jurisdiction is hereby conferred on 
the courts having jurisdiction of the trial of such offense to make such 
adjudication. Any person who knowingly aids, advises, or encour- 
ages any person not entitled thereto to apply for or to secure naturali- 
zation, or to file the preliminary papers declaring an intent to become 
a citizen of the United States, or who in any naturalization proceeding 
knowingly procures or gives false testimony as to any material fact, 
or who knowingly makes an affidavit false as to any material fact re- 
quired to be proved in such proceedings, shall be fined not more than 
five thousand dollars, or imprisoned not more than five years, or both. 

Sec. 24. That no person shall be prosecuted, tried, or punished 
for any crime arising under the provisions of this Act unless the in- 
dictment is found or the information is filed within five years next 
after the commission of such crime. 

Sec. 25. That for the purpose of the prosecution of all crimes and 
offenses against the naturalization laws of the United States which 
may have been committed prior to the date when this Act shall go into 
effect, the existing naturalization laws shall remain in full force and 
effect. 

Sec. 26. That sections twenty-one hundred and sixty-five, twenty- 
one hundred and sixty-seven, twenty-one hundred and sixty-eight, 
twenty-one hundred and seventy-three, of the Revised Statutes of the 
United States of America, and section thirty-nine of chapter one 
thousand and twelve of the Statutes at Large of the United States of 
America for the year nineteen hundred and three, and all Acts or 
parts of Acts inconsistent with or repugnant to the provisions of this 
Act are hereby repealed. 

Sec. 27. That substantially the following forms shall be used in 
the proceedings to which they relate : 

* DECLARATION OF INTENTION. 

(Invalid for all purposes seven years after the date hereof.) 

, ss: 

I, , aged years, occupation , do de- 
clare on oath (affirm) that my personal description is : Color , 

complexion , height , weight , color of 

hair , color of eyes , other visible distinctive marks 

; I was born in on the day of , Anno 

Domini ; I now reside at ; I emigrated to the United 

States of America from on the vessel ; my last for- 
eign residence was It is my bona fide intention to renounce 

forever all allegiance and fidelity to any foreign prince, potentate, 

state, or sovereignty, and particularly to , of which I am now 

a citizen (subject) ; I arrived at the (port) of , in the State 

(Territory or district) of on or about the day of 

Anno Domini ; I am not an anarchist ; I am not a po- 

lygamist nor a believer in the practice of polygamy; and it is my in- 
tention in good faith to become a citizen of the United States of 
America and to permanently reside therein. So help me God. 



THE NATURALIZATION LAW 71 



(Original signature of declarant) 

Subscribed and sworn to (affirmed) before me this day of 

, Anno Domini 

[L. S.] 

(Official character of attestor.) 

PETITION FOR NATURALIZATION. 

Court of 

In the matter of the petition of to be admitted as a 

citizen of the United States of America. 
To the Court : 

The petition of respectfully shows : 

First. My full name is 

Second. My place of residence is number street, 

city of , State (Territory or District) of 

Third. My occupation is 

Fourth. I was born on the day of , at 

Fifth. I emigrated to the United States from , on or about 

the day of , Anno Domini , and arrived at the port 

of . , in the United States, on the vessel 

Sixth. I declared my intention to become a citizen of the United 

States on the day of at , in the court 

of 

Seventh. I am . . . married. My wife's name is She 

was born in and now resides at I have children, 

and the name, date, and place of birth and place of residence of each 
of said children is as follows : ; ; 

y y 

Eighth. I am not a disbeliever in or opposed to organized govern- 
ment or a member of or affiliated with any organization or body of 
persons teaching disbelief in organized government. I am not a po- 
lygamist nor a believer in the practice of polygamy. I am attached 
to the principles of the Constitution of the United States, and it is 
my intention to become a citizen of the United States and to renounce 
absolutely and forever all allegiance and fidelity to any foreign prince, 

potentate, state, or sovereignty, and particularly to , of which 

at this time I am a citizen (or subject) , and it is my intention to reside 
permanently in the United States. 

Ninth. I am able to speak the English language. 

Tenth. I have resided continuously in the United States of Amer- 
ica for a term of five years at least immediately preceding the date 

of this petition, to- wit, since , Anno Domini , and in the 

State (Territory or District) of for one year at least next pre- 
ceding the date of this petition, to-wit, since day of , Anno 

Donimi 

Eleventh. I have not heretofore made petition for citizenship to 

any court. (I made petition for citizenship to the court of 

at , and the said petition was denied by the said court for 

the following reasons and causes, to-wit, , and 

the cause of such denial has since been cured or removed.) 

Attached hereto and made a part of this petition are my declara- 
tion of intention to become a citizen of the United States and the 



72 THE NATURALIZATION LAW 



certificate from the Department of Commerce and Labor required by 
law. Wherefore your petitioner prays that he may be admitted a citi- 
zen of the United States of America. 

Dated 

(Signature of petitioner) 

, ss : 

, being duly sworn, deposes and says that he is 

the petitioner in the above-entitled proceeding; that he has read the 
foregoing petition and knows the contents thereof; that the same is 
true of his own knowledge, except as to matters therein stated to be 
alleged upon information and belief, and that as to those matters he 
believes it to be true. 

Subscribed and sworn to before me this day of , 

Anno Domini 

[L. s.] 

Clerk of the Court 

AFFIDAVIT OF WITNESSES. 

Court of 

In the matter of the petition of . . to be admitted a citizen 

of the United States of America. 

, ss : 

, occupation , residing at , and 

, occupation , residing at , each being 

severally, duly, and respectively sworn, deposes and says that he is a 
citizen of the United States of America; that he has personally 

known , the petitioner above mentioned, to be a resident 

of the United States for a period of at least five years continuously 
immediately preceding the date of filing his petition, and of the State 
(Territory or District) in which the above entitled application is 

made for a period of . years immediately preceding the date of 

filing his petition ; and that he has personal knowledge that the said 
petitioner is a person of good moral character, attached to the princi- 
ples of the Constitution of the United States, and that he is in every 
way qualified, in his opinion, to be admitted as a citizen of the United 
States. 



Subscribed and sworn to before me this day of , nine- 
teen hundred and 

[L. s.] 



(Official character of attestor.) 

CERTIFICATE OF NATURALIZATION. 



Number 

Petition, volume , page 

Stub, volume , page 

(Signature of holder) 

Description of holder : Age, ; height, ; color, ; 

complexion, ; color of eyes, ; color of hair, ; visi- 



THE NATURALIZATION LAW 73 



ble distinguishing marks, Name, age, and place of residence 

of wife, , , Names, ages, and places of residence 

of minor children, , , ; , , ; 



, SS: 

Be it remembered, that at a term of the. ... . .court of 

held at on the day of , in the year of our Lord 

nineteen hundred and. , who previous to his (her) nat- 
uralization was a citizen or subject of , at present residing at 

number. street, , city (town), State (Terri- 
tory or District), having applied to be admitted a citizen of the 
United States of America pursuant to law, and the court having found 
that the petitioner had resided continuously within the United States 
for at least five years and in this State for one year immediately pre- 
ceding the date of the hearing of his (her) petition, and that said peti- 
tioner intends to reside permanently in the United States, had in all 
respects complied with the law in relation thereto, and that. . . .he 
was entitled to be so admitted, it was thereupon ordered by the said 

court that he be admitted as a citizen of the United States of 

America. 

In testimony whereof the seal of said court is hereunto affixed on 

the day of ...... ./in the year of our Lord nineteen hundred and 

, and of our independence the 

[L. S.] 

(Official character of attestor.) 

STUB OF CERTIFICATE OF NATURALIZATION. 

No. of Certificate 

Name, ; age, 

Declaration of intention, volume , page 

Petition, volume , page. ....... 

Name, age and place of residence of wife, , , 

Names, ages, and places of residence of minor children, , 



Date of order, volume , page 

(Signature of holder) 

Sec. 28. That the Secretary of Commerce and Labor shall have 
power to make such rules and regulations as may be necessary for 
properly carrying into execution the various provisions of this Act. 
Certified copies of all papers, documents, certificates, and records re- 
quired to be used, filed, recorded, or kept under any and all of the 
provisions of this Act shall be admitted in evidence equally with the 
originals in any and all proceedings under this Act and in all cases 
in which the originals thereof might be admissible as evidence. 

Sec. 29. That for the purpose of carrying into effect the provisions 
of this Act there is hereby appropriated the sum of one hundred thous- 
and dollars, out of any moneys in the Treasury of the United 
States not otherwise appropriated, which appropriation shall be in 
full for the objects hereby expressed until June thirtieth, nineteen 



74 THE NATURALIZATION LAW 



hundred and seven; and the provisions of section thirty-six hundred 
and seventy-nine of the Revised Statutes of the United States shall 
not be applicable in any way to this appropriation. 

Sec. 30. That all the applicable provisions of the naturalization 
laws of the United States shall apply to and be held to authorize the 
admission to citizenship of all persons not citizens who owe permanent 
allegiance to the United States, and who may become residents of any 
State or organized Territory of the United States, with the follow- 
ing modifications : The applicant shall not be required to renounce 
allegiance to any foreign sovereignty; he shall make his declaration 
of intention to become a citizen of the United States at least two 
years prior to his admission; and residence within the jurisdiction of 
the United States, owing such permanent allegiance, shall be regard- 
ed as residence within the United States within the meaning of the five 
years' residence clause of the existing law. 

Sec. 31. That this Act shall take effect and be in force from and 
after ninety days from the date of its passage : Provided, That sec- 
tions one, two, twenty-eight, and twenty-nine shall go into effect from 
and after the passage of this Act. 

Approved June 29, 1906. 



CODE REVISION ACT 



SENATE BILL NO. 121. 

AN ACT 

To Provide for the Revision, Compilation and Codification of 
the Laws of the State of Idaho. 

Be It Enacted by the Legislature of the State of Idaho : 

Sec. 1. The Supreme Court of the State of Idaho is hereby au- 
thorized and empowered to appoint some person, learned in the law 
and a member of the bar of the Supreme Court of this State, who shall 
be known as a Code Commissioner, and who shall be authorized to 
revise, codify and compile the laws, civil, political, and criminal, and 
the laws of civil procedure, and to revise, arrange, simplify and con- 
solidate the statutes of Idaho which shall be in force at the time 
such commissioner shall make his final report; and to make such 
changes, alterations, modifications, additions and substitutions as 
the said commissioner may deem best to the end that a complete sim- 
plified code of laws based on the laws in force at the time the said 
commissioner shall make his final report, shall be presented, but with 
the errors, inconsistencies, repetitions and ambiguities therein elim- 
inated. 

Sec. 2. It shall be the duty of the commissioner to prepare the fol- 
lowing codes: The Political Code, the Civil Code, the Code of Civil 
Procedure and the Penal Code. 

The Political Code shall treat of the sovereignty of the people of 
the State, of the political rights and duties, of the political divisions 
of the State, of the government of the counties, cities, towns, and of 
such other general laws as shall seem proper to the commissioner. 

The Civil Code shall treat of property and property rights, per- 
sons and personal relations, corporations, contracts and obligations 
and other subjects properly related to the foregoing. 

The Code of Civil Procedure shall treat of the procedure and prac- 
tice in civil actions and proceedings in all the courts in the State, or in 
any subdivision thereof. 

The Penal Code shall treat of crimes and misdemeanors and the 
punishment thereof, of criminal procedure and penitentiaries, prisons 
and jails. 

The commissioner shall also make and prepare a report designat- 
ing what statutes or parts of our statutes are omitted by him or re- 
pealed by the provisions of any other Act reported by him and 
what, if any, new sections he has added to such codes, and any laws of 
a general nature which ought to be enacted in addition to the codes 
reported. 



76 CODE REVISION ACT. 



Sec. 3. The Political Code must contain in addition to the other 
matters required, the Magna Charta, the Declaration of Independ- 
ence, the Constitution of the United States, with the amendments, the 
Organic Act of the Territory of Idaho, the Act of Congress admitting 
Idaho as a State, the Constitution of the State of Idaho, the laws of 
the United States providing for the naturalization of citizens, the 
statutes of the United States relative to the authentication of records, 
and a copy of this Act. 

Sec. 4. After each section or subdivision of the matter to be com- 
prised in the said codes, there shall be a reference to the original text 
from which said section is compiled, and a reference to the corre- 
sponding section of the California code, if there shall be a similar or 
identical one. There shall be noted further, under each section, a 
complete reference to all decisions of the Supreme Court of Idaho and 
the decisions of the Federal Courts interpreting, construing or apply- 
ing to said section. 

Sec. 5. The number of volumes in which such codes shall finally 
be published shall be determined by the Supreme Court, and the Code 
Commissioner must make for such codes a complete working index of 
the contents thereof, either separately for each code, or, if the said 
codes are all published in one volume, then one general index for all 
the codes, in either case the said indexes to be alphabetically ar- 
ranged and of sufficient particularity to refer to each section con- 
tained in the said codes and to the subject thereof, with cross refer- 
ences wherever they may be necessary, which index must be printed 
and bound in the volume containing the section referred to. 

Sec. 6. Said commissioner shall receive for his services the sum of 
four thousand ($4,000.00) dollars, and shall be authorized to expend 
the sum of two thousand ($2,000.00) dollars, or as much thereof as 
may be necessary for legal assistance in connection with this work. 
The said commissioner shall keep his office at Boise City, and shall de- 
vote his entire time to the work of preparing the code of laws pro- 
vided for herein. The said commissioner is empowered and authorized 
to employ such clerical assistance as may be necessary and to procure 
an office and proper supplies, at an expense of not to exceed two thous- 
and five hundred ($2,500.00) dollars. 

Sec. 7. The salary of the said commissioner shall be paid quarterly 
in six payments, commencing with the quarter ending in June, 1907 ; 
the claims of said commissioner to be presented to and allowed by 
the Board of Examiners, and the Auditor is authorized to draw his 
warrant upon the general fund for the amount of such salary due 
and for all other expenses provided for in this Act. The compensa- 
tion of all assistants and clerks to be paid when the same shall be- 
come due, upon being presented to and allowed by the Board of Ex- 
aminers. 

Sec. 8. The labors of the commissioner shall be concluded on or 
before the first day of July, 1908, and at said time it shall be the 
duty of the commissioner to file with the Secretary of State three 
copies of each of said codes, with the indexes and references herein 
provided for, and the same shall be submitted for action to the Legis- 
lature of the State of Idaho at its next general session or any special 
session called by the Governor at the request of the Supreme Court 
Judges. 



CODE REVISION ACT. 77 



Sec. 9. On or before the first day of July, 1908, the commissioner 
shall file five copies of his final report with the Secretary of State, 
which said report shall contain at length all changes, modifications, 
additions, substitutions or repeals of existing statutes, and such 
changes, modifications, additions, substitutions and repeals must refer 
specifically to the section, chapter or article of the printed code shown 
thereby, and the Secretary of State must cause such final report to 
be printed for the use of members of the Legislative Assembly. 

Sec. 10. Each of the Codes and indexes must be so far completed 
as to be in a condition to print by the first day of July, 1908, and as 
soon thereafter as possible, the Secretary of State and Judges of the 
Supreme Court must have five hundred (500) copies of each of said 
codes printed in the same type and body type as is used in the printing 
of the Revised Statutes of Idaho, and bound with paper covers, the 
Code Commissioner being required to read and correct the proof 
sheets of said volume or volumes to be delivered to the Secretary 
of State, corrected, printed and bound on or before the first day 
of October, 1908, said printing and binding to be paid for out of the 
moneys appropriated by this Act. 

Sec. 11. Upon receipt of the printed codes, the Secretary of State 
must deliver one printed copy of each volume of said codes, together 
with a copy of the report of the changes and substitutions, to each 
member of the Legislative Assembly, together with the indexes 
therefor, which printed volume, when so delivered, must have the 
effect of bills printed for the use of members of the Legislative As- 
sembly, and also deliver, by mail or express, one copy of each 
volume to each judge of any court of record in the State of Idaho, 
one copy of each volume to each State officer, county attorney, mem- 
ber of the board of county commissioners, and seven copies of each 
volume to the clerks of the District Courts of Idaho, which copies of 
said reports, for distribution to and examination by the members of 
the bar of such courts, and to the Code Commissioner, ten copies of 
each volume. 

Sec. 12. There is hereby appropriated out of any money in the 
State Treasury, not otherwise appropriated, the sum of fourteen 
thousand (14,000) dollars, or so much thereof as may be necessary, 
for carrying out the provisions of this Act. 

Sec. 13. Whereas, an emergency exists therefor, this Act shall 
take effect and be in force from and after its passage and approval. 

Approved March 12, 1907. 



CONSTITUTION OF THE STATE OF IDAHO 



Constitution Adopted by a Constitutional Convention Held at 
Boise City, in the Territory of Idaho, August 6, 1889. 



Article 

1. Declaration of Rights. 

Distribution of Powers. 

Legislative Department. 

Executive Department. 

Judicial Department. 

Suffrage and Elections. 

Finance and Revenue. 

Public Indebtedness and Sub- 
sidies. 

Education and School Lands. 
Public Institutions. 
Corporations, Public and Pri- 
vate. 



2. 
3. 
4. 
5. 
6. 
7. 



9. 
10. 
11. 



Article 

12. Corporations, Municipal. 

13. Immigration and Labor. 

14. Militia. 

15. Water Rights. 

16. Live-stock. 

17. State Boundaries. 

18. County Organizations. 

19. Apportionment. 

20. Amendments. 

21. Schedule and Ordinance. 



PREAMBLE. 

We, the people of the State of Idaho, grateful to Almighty God 
for our freedom, to secure its blessings and promote our common wel- 
fare, do establish this Constitution. 

ARTICLE 1. 
DECLARATION OF RIGHTS. 



Section 

1. Inalienable rights of man. 

2. Political power inherent in the 
people. 

State inseparable part of Union. 

Guaranty of religious liberty. 

Right of habeas corpus. 

Right to bail. 

Prosecutions only by indictment 

or information. 

Freedom of speech. 

Right of assembly. 

Right to bear arms. 

Military subordinate to civil 

power. 



3. 

4. 
5. 
6. 



9. 
10. 
11. 
12. 



actions 



Section 

13. Guaranties in criminal 
and due process of law. 

Right of eminent domain. 
Imprisonment for debt prohib- 
ited. 

Bills of attainder, etc., prohib- 
ited. 

Unreasonable searches and seiz- 
ures prohibited. 

Justice to be freely and speedily 
administered. 

Right of suffrage guaranteed. 
No property qualifications re- 
quired of electors. 
Reserved rights not impaired. 



14. 

15. 

16. 
17. 



19 
20 



21. 



Inalienable Rights of Man. 

Sec. 1. All men are by nature free and equal and have certain in- 
alienable rights, among which are enjoying and defending life and 



DECLARATION OF RIGHTS 



79 



liberty, acquiring, possessing and protecting property, pursuing hap- 
piness, and securing safety. 

Cited: McDonald v. Doust (1905) 
11 Ida. 14; 81 Pac. 60. 

Political Power Inherent in the People. 

Sec. 2. All political power is inherent in the people. Government 
is instituted for their equal protection and benefit, and they have the 
right to alter, reform or abolish the same whenever they may deem 
it necessary, and no special privileges or immunities shall ever be 
granted that may not be altered, revoked, or repealed by the Legisla- 
ture. 



Cited: In re Prout (1906) 12 Ida. 
494; 86 Pac. 275. 

County Government: A county gov- 
ernment is neither a special privilege 
nor special immunity within the mean- 
ing of this section, but is a funda- 



mental governmental right recognized 
and adopted by the Constitution, 
which cannot be abrogated or alien- 
ated by legislative act. McDonald v. 
Doust (1905) 11 Ida. 14; 81 Pac. 60. 



State Inseparable Part of Union. 

Sec. 3. The State of Idaho is an inseparable part of the American 
union, and the Constitution of the United States is the supreme law 
of the land. 

Guaranty of Religious Liberty. • 

Sec. 4. The exercise and enjoyment of religious faith and worship 
shall forever be guaranteed ; and no person shall be denied any civil or 
political right, privilege, or capacity on account of his religious opin- 
ions; but the liberty of conscience hereby secured shall not be con- 
strued to dispense with oaths of affirmations, or excuse acts of licen- 
tiousness or justify polygamous or other pernicious practices, incon- 
sistent with morality or the peace or safety of the State ; nor to permit 
any person, organization, or association to directly or indirectly aid or 
abet, counsel or advise, any person to commit the crime of bigamy or 
polygamy, or any other crime. No person shall be required to attend 
or support any ministry or place of worship, religious sect or denom- 
ination, or pay tithes against his consent ; nor shall any preference be 
given by law to any religious denomination or mode of worship. Big- 
amy and polygamy are forever prohibited in the State, and. the Leg- 
islature shall provide by law for the punishment of such crimes. 

Right of Habeas Corpus. 

Sec. 5. The privilege of the writ of habeas corpus shall not be sus- 
pended unless, in case of rebellion or invasion, the public safety re- 
quires it, and then only in such manner as shall be prescribed by law. 

Right to Bail. 

Sec. 6. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption 
great. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

Right to Trial by Jury. 

Sec. 7. The right of trial by jury shall remain inviolate but in civil 

Vol. 1-4 



80 



CONSTITUTION OF IDAHO 



actions three-fourths of the jury may render a verdict, and the Legis- 
lature may provide that in all cases of misdemeanors five-sixths of 
the jury may render a verdict. A trial by jury may be waived in all 
criminal cases not amounting to felony by the consent of both parties, 
expressed in open court, and in civil actions by the consent of the 
parties signified in such manner as may be prescribed by law. In 
civil actions and cases of misdemeanor the jury may consist of twelve 
or any number less than twelve upon which the parties may agree in 
open court. 



Right to Jury Trial: The guaranty 
of the right to trial by jury simply se- 
cures that right as it existed at the 
date of the adoption of the Constitu- 
tion, and does not apply to equitable 
cases. Christensen v. Hollingsworth 
(1898) 6 Ida. 87; 53 Pac. 211; Shields 
v. Johnson (1904) 10 Ida. 476; 79 Pac. 
391. 

Same: — Unauthorized Reference: In 

an action at law the parties are enti- 
tled as of right to a trial by jury, and 
the court cannot refer the case 
against the objection of a party even 
though it requires the examination of 
a long account. Russell v. Alt (1907) 
12 Ida. 789; 88 Pac. 416. 



Same — Law Issues in Equitable Ac- 
tions: In an action to enforce a me- 
chanic's or laborer's lien, where it is 
shown by counter-claim or cross-com- 
plaint, that there is a demand for af- 
firmative relief, either party is entitled 
to a jury trial on that issue if it is in 
the nature of an action at law. Rob- 
ertson v. Moore (1904) 10 Ida. 115; 77 
Pac. 218. Where a suit is brought in 
equity, and a cross action at law is in- 
terposed, either party is entitled to a 
jury trial of the issues raised by the 
cross action. Lindstrom v. Hope Lbr. 
Co. (1906) 12 Ida. 714; 88 Pac. 92. 



Prosecutions Only by Indictment or Information. 

Sec. 8. No person shall be held to answer for any felony or crim- 
inal offense of any grade, unless on presentment or indictment of a 
grand jury or on information of the public prosecutor, after a com- 
mitment by a magistrate, except in cases of impeachment, in cases 
cognizable by probate courts or by justices of the peace, and in cases 
arising in the militia when in actual service in time of war or public 
danger: Provided, That a grand jury may be summoned upon the 
order of the District Court in the manner provided by law : and, Pro- 
vided further, That after a charge has been ignored by a grand jury, 
no person shall be held to answer or for trial therefor upon infor- 
mation of the public prosecutor. 



Cited: State v. Braithwaite (1891) 
3 Ida. 119; 27 Pac. 731; State v. Far- 
ris (1897) 5 Ida. 666; 51 Pac. 772. 

Provisions Self Executing: This 
section is self executing; is complete 
in itself and needs no further legis- 
lation to put it into effect. Davis v. 
Burke (1900) 21 Sup. Ct. Rep. 210; 
179 U. S. 399; 45 S. C. R. (Law ed.) 
249. 

Preliminary Examination — Waiver : 
The right of preliminary examination 



is a right given to every one accused 
of crime, but this right may be waived 
unless prohibited by law. State v. 
Larkins (1897) 5 Ida. 200; 47 Pac. 
945. 

Order for Grand Jury: This sec- 
tion is not infringed by Laws 1891, 
186, Sec. 7, which authorizes a Dis- 
trict Judge sitting in chambers, to 
make an order for the calling of a 
grand jury. State v. Barber (1907) 
13 Ida. . . ; 88 Pac, 418. 



Freedom of Speech. 

Sec. 9. Every person may freely speak, write and publish on all 
subjects, being responsible for the abuse of that liberty. 

Right of Assembly. 

Sec. 10. The people shall have the right to assemble in a peace- 
able manner to consult for their common good; to instruct their 



DECLARATION OF RIGHTS 



81 



representatives, and to petition the Legislature for the redress of 
grievances. 

Right to Bear Arms. 

Sec. 11. The people shall have the right to bear arms for their 
security and defense; but the Legislature shall regulate the exercise 
of this right by law. 



Legislative Regulation: The Leg- 
islature may regulate the exercise of 
the right to carry arms but may not 
prohibit it, and a statute which at- 



tempts to prohibit, in any manner, 
the carrying of arms in cities, is void. 
In re Brickey (1902) 8 Ida. 597; 70 
Pac. 609. 



Military Subordinate to Civil Power. 

Sec. 12. The military shall be subordinate to the civil power; and 
no soldier in time of peace shall be quartered in any house without 
the consent of its owner, nor in time of war except in the manner 
prescribed by law. 

Guaranties in Criminal Actions and Due Process of Law. 

Sec. 13. In all criminal prosecutions, the party accused shall have 
the right to speedy and public trial ; to have the process of the court 
to compel the attendance 'of witnesses in his behalf, and to appear 
and defend in person and with counsel. 

No person shall be put twice in jeopardy for the same offense; nor 
be compelled in any criminal case to be a witness against himself, 
nor be deprived of his life, liberty or property without due process of 
law. 



Cited: State v. Mulkey (1899) 6 
Ida. 617; 59 Pac. 17. 

Rights of Accused: The Constitu- 
tional rights of one accused of crime 
are not violated by permitting the 
use of depositions taken in the pres- 
ence of the accused where the wit- 
ness, by reason of death or other good 
cause, can not be produced on the 
Trial. Territory v. Evans (1890) 2 
Ida. 651; 23 Pac. 232. 

A defendant in a criminal case who 
voluntarily takes the stand in his own 
behalf may be cross examined on the 
facts in issue. State v. Larkins 
(1897) 5 Ida. 200; 47 Pac. 945. 

Due Process of Law: The guaran- 
ty of due process of law is not vio- 
lated by an act which authorizes the 
summary seizure and destruction of 
gambling devices incapable of use for 
any purpose except in violation of the 
gambling law, as such devices are not 
property within the meaning of this 
section. Mullen & Co. v. Moseley 
(1907) 13 Ida. ...; 90 Pac. 987. 



The right to due process of law re- 
quires, as a condition precedent to a 
judicial determination affecting the 
right to life, liberty or property, that 
personal service of process be ob- 
tained when practicable; constructive 
service can only be provided for when 
actual service is impracticable. Bear 
Lake Co. v. Budge (1904) 9 Ida. 703; 
75 Pac. 614. 

Section 34 of laws 1903, 223, 
relative to the distribution of water 
and adjudication of water rights, 
which authorizes a suit for adjudica- 
tion of water rights to be brought 
against "all claimants of a right 
to the use of water" of the stream 
in question, without naming the 
defendants, or requiring any effort 
for personal service on such de- 
fendants as might be found, denies 
to such defendants due process of 
law, and is unconstitutional on that 
ground. lb. 



Right of Eminent Domain. 

Sec. 14. The necessary use of lands for the construction of res- 
ervoirs or storage basins, for the purposes of irrigation, or for the 
rights of way for the construction of canals, ditches, flumes or pipes to 
convey water to the place of use, for any useful, beneficial or neces- 



82 



CONSTITUTION OF IDAHO 



sary purpose, or for drainage; or for the drainage of mines, or the 
working thereof, by means of roads, railroads, tramways, cuts, tun- 
nels, shafts, hoisting works, dumps, or other necessary means to their 
complete development, or any other use necessary to the complete de- 
velopment of the material resources of the State or the preservation 
of the health of its inhabitants, is hereby declared to be a public use, 
and subject to the regulation and control of the State. 

Private property may be taken for public use, but not until a just 
compensation, to be ascertained in a manner prescribed by law, shall 
be paid Iherefor. 



Cited: Ida. etc. Tel. Co. v. O. S. 
L. Ry. (1901) 8 Ida. 175; 67 Pac. 
318; Baillie v. Larson (1905) 138 Fed. 
Rep. 177. 

Xot Self -Executing: While the 
provisions of this section are not self- 
executing - , or, in other words, do not 
furnish the procedure by which the 
power may be exercised, such pro- 
cedure has been prescribed by the 
Legislature. Potlatch Lbr. Co. v. Pe- 
terson (1906) 12 Ida. 769; 88 Pac. 
426. 

Extent of Right: This section de- 
clares the purposes for which the 
power of eminent domain may be ex- 
ercised, and the Legislature can not 
prohibit its exercise for any of the 
purposes therein specified. lb. 

Purposes for Which Authorized: 

The furnishing of electricity for light- 
ing, transportation, power and other 
purposes, is a public use for which 
land may be taken. Hollister v. State 
(1903) 9 Ida. 8; 71 Pac. 541. 

The lumbering interest of the State 
is one of its material resources in be- 
half of which the power of eminent 
domain may be invoked. Potlatch 



Lbr. Co. v. Peterson (1906) 12 Ida. 
769; 88 Pac. 426. 

The necessary use of lands for the 
complete development of the material 
resources of the State is declared to 
be a public use, and in determining 
what is a public use the general wel- 
fare and benefit of the public is to be 
taken into consideration. The term, 
"public use," means public usefulness 
and productive of general benefit. The 
term is a flexible one and grows as 
new public uses are developed so as 
to make it capable of meeting new 
conditions and improvements of the 
ever increasing necessities of society. 
lb. 

This section recognizes the right of 
the Legislature to provide for laying 
out private roads or pentways for the 
use of any one who may desire to use 
them as provided for in Revised Stat- 
utes, Sec. 933. Latah Co. v. Peterson 
(1892) 3 Ida. 398; 29 Pac. 1089. The 
owner of land is guaranteed the right 
to have opened a private road giving 
him access to the highway. Latah 
Co. v. Hasfurther (1907) 12 Ida. 797; 
88 Pac. 433. 



Imprisonment for Debt Prohibited. 

Sec. 15. There shall be no imprisonment for debt in this State 
except in cases of fraud. 

Bills of Attainder, Etc., Prohibited. 

Sec. 16. No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, shall ever be passed. 



Test Oath: The Act of Feb. 25, 
1891, prescribing a test oath as a con- 
dition of suffrage is not an ex post 
facto law or bill of attainder within 



the prohibitions of this section. Shep- 
herd v. Grimmett (1892) 3 Ida. 403; 
31 Pac. 793. 



Unreasonable Searches and Seizures Prohibited. 

Sec. 17. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures 
shall not be violated; and no warrant shall issue without probable 
cause shown by affidavit, particularly describing the place to be 
searched and the person or thing to be seized. 



Cited: State v. Mulkey (1899) 6 
Ida. 617; 59 Pac. 17; Mullen & Co. v. 



Mosley (1907) 13 Ida. ; 90 Pac. 

987. 



DISTRIBUTION OF POWERS 



83 



Justice to Be Freely and Speedily Administered. 

Sec. 18. Courts of justice shall be open to every person, and a 
speedy remedy afforded for every injury of person, property or char- 
acter, and right and justice shall be administered without sale, denial, 
delay or prejudice. 



Cited: (concur, op.) Heitman v. 
Morgan (1905) 10 Ida. 562; 79 Pac. 
225. 

Allowance of Attorney's Fees: This 
provision is not violated by that part 
of the mechanic's lien law of 1899 
which authorizes a recovery of a rea- 
sonable attorney's fee. Thompson v. 
Wise Boy Min. Co. (1903) 9 Ida. 363; 
74 Pac. 958. 

Prejudice of Judge: This section 
is self-acting and self-executing - and 



cannot be nullified by the legislature 
either by its neglect to act on the sub- 
ject, or by positive legislation, and 
the prejudice of the trial judge 
against one of the parties to a cause 
is ground for a change of venue in 
view of the provisions of this section, 
although the statutes do not enum- 
erate that cause as one of the grounds 
for a change of venue. (Stockslager, 
C. J. dissents) Day v. Day 12 Ida. 
556; 86 Pac. 531. 



Right of Suffrage Guaranteed. 

Sec. 19. No power, civil or military, shall at any time interfere 
with or prevent the free and lawful exercise of the right of suffrage. 

No Property Qualification Required of Electors. 

Sec. 20. No property qualification shall ever be required for any 
person to vote or hold office except in school elections or elections cre- 
ating indebtedness. 



Municipal Bond Elections: This 
section authorizes the imposition, in 
a municipal charter, of a property 
qualification on the right to vote on 



a proposition for the incurrence of 
an indebtedness. Wiggin v. City of 
Lewiston (1902) 8 Ida. 5 27; 69 Pac. 
286. 



Reserved Rights Not Impaired. 

Sec. 21. This enumeration of rights shall not be construed to im- 
pair or deny other rights by the people. 



ARTICLE 2. 
DISTRIBUTION OF POWERS. 

Section 
1. Departments of government. 

Departments of Government. 

Sec. 1. The powers of the government of this State are divided 
into three distinct departments, the legislative, executive and judicial ; 
and no person or collection of persons charged with the exercise of 
powers properly belonging to one of these departments, shall exercise 
any powers properly belonging to either of the others, except as in 
this Constitution expressly directed or permitted. 



Power of Appointment: This sec- 
tion is not infringed by Laws 1899, 
345, which empowers the Governor 
to appoint a State Board of Medical 
Examiners, and to fill vacancies in 
the board, without the consent of the 
Senate. In re Inman (1902) 8 Ida. 
398; 69 Pac. 120. 

Limitation on Judiciary: The judi- 



cial department can not attempt to 
prohibit either of the other depart- 
ments of government from acting 
within the recognized scope of their 
respective branches of the govern- 
ment, but may inquire into the legal 
effect of such action after it has been 
taken. Stein v. Morrison (1904) 9 
Ida. 426; 75 Pac. 246. 



84 



CONSTITUTION OF IDAHO 



ARTICLE 3. 
LEGISLATIVE DEPARTMENT. 



Section 


Section 


1. 


Legislative power enacting 


14. 


Origin and amendment of bills. 




clause. 


15. 


Manner of passing bills. 


2. 


Membership of House and Sen- 


16. 


Unity of subject and title. 




ate. 


17. 


Technical terms to be avoided. 


3. 
4. 


Term of office. 
Apportionment of Legislature. 


18. 


Amendments to be published in 
full. 


5. 


Senatorial and Representative 
districts. 


19. 


Local and special laws prohib- 
ited. 


6. 


Qualifications of members. 


20. 


Lotteries not to be authorized. 


7. 


Privilege from arrest. 


21. 


Signature of bills and resolu- 


8. 


Sessions of Legislature. 




tions. 


9. 


Powers of each house. 


22. 


When Acts take effect. 


10. 


Quorum, adjournments, and or- 
ganization. 


23. 


Compensation and mileage of 
members. 


11. 
12. 
13. 


Expulsion of members. 
Secret sessions prohibited. 
Journal. 


24. 

25. 


Promotion of temperance and 
morality. 

Oath of office. 



Legislative Power: Enacting Clause. 

Sec. 1. The legislative power of the State shall be vested in a Sen- 
ate and House of Representatives. The enacting clause of every bill 
shall be as follows : "Be it enacted by the Legislature of the State of 
Idaho." 

Cited: People v. Alturas Co. (1899) 

6 Ida. 418; 55 Pac. 1067. 

Membership of House and Senate. 

Sec. 2. The Senate shall consist of eighteen members and the 
House of Representatives of thirty-six members. The Legislature 
may increase the number of Senators and Representatives: Pro- 
vided, The number of Senators shall never exceed twenty-four, and 
the House of Representatives shall never exceed sixty members. The 
Senators and Representatives shall be chosen by the electors of the 
respective counties or districts into which the State may from time to 
time be divided by law. 

Term of Office. 

Sec. 3. The Senators and Representatives shall be elected for the 
term of two years, from and after the first day of December next fol- 
lowing the general election. 

Apportionment of Legislature. 

Sec. 4. The members of the first Legislature shall be apportioned 
to the several legislative districts of the State in proportion to the 
number of votes polled at the last general election for Delegate to 
Congress, and thereafter to be apportioned as may be provided by 
law: Provided, Each county shall be entitled to one Representative. 



Apportionment Acts: Laws 1891, 
19 5, which, in providing- for the ap- 
portionment of the Legislature, ac- 
corded representation to two counties 



created by an Act subsequently de- 
clared to be unconstitutional, and 
omitted to provide representation for 
the counties from which the two ere- 



LEGISLATIVE DEPARTMENT 



85 



ated counties were organized, is un- 
constitutional. Ballentine v. Willey 
(1893) 3 Ida. 496; 31 Pac. 994. 

An Act creating- a new county is 
not unconstitutional on the theory 
that it deprives the electors of the 
new county of the representation to 
which they are entitled by this sec- 
tion, as in the absence of a new ap- 



portionment act, the electors of the 
new county are entitled to a voice in 
the election of the Senator and Rep- 
resentatives of the county from which 
the new county was created, and with 
which it previously constituted a leg- 
islative district. Sabin v. Curtis (18 93) 
3 Ida. 662; 32 Pac. 1130. 



Senatorial and Representative Districts. 

Sec. 5. A senatorial or representative district, when more than 
one county shall constitute the same, shall be composed of contiguous 
counties and no county shall be divided in creating such districts. 



Application: This section applies to 
an apportionment law and not to an 
act creating a new county; and, in 
any event, such an act is not obnox- 
ious to this provision where the coun- 



ty so created is within the same sen- 
atorial and representative districts in 
which its territory was situated prior 
to its creation. Sabin v. Curtis (1893) 
3 Ida. 662; 32 Pac. 1130. 



Qualifications of Members. 

Sec. 6. No person shall be a Senator or Representative who at the 
time of his election is not a citizen of the United States and an elector 
of this State, nor anyone who has not been for one year next preced- 
ing his election an elector of the county or district whence he may be 
chosen. 

Privilege from Arrest: 

Sec. 7. Senators and Representatives, in all cases except for trea- 
son, felony, or breach of the peace, shall be privileged from arrest dur- 
ing the session of the Legislature, and in going to and returning from 
the same, and shall not be liable to any civil process during the ses- 
sion of the Legislature, nor during the ten days next before the com- 
mencement thereof; nor shall a member for words uttered in debate 
in either house be questioned in any other place. 

Sessions of Legislature. 

Sec. 8. The sessions of the Legislature shall, after the first ses- 
sion thereof, be held bienially, at the capital of the State, commenc- 
ing on the first Monday after the first day of January, and every sec- 
ond year thereafter, unless a different day shall have been appointed 
by law, and at other times when convened by the Governor. 

Cited: Goodnight v. Moody (1891) 
3 Ida. 7; 26 Pac. 121. 

Powers of Each House. 

Sec. 9. Each house when assembled shall chose its own officers, 
judge of the election, qualifications, and returns of its own members, 
determine its own rules of proceeding, and sit upon its own adjourn- 
ments ; but neither house shall, without the concurrence of the other, 
adjourn for more than three days, nor to any other place than that 
in which it may be sitting. 



Construction: The provision of 
this section that each house is to de- 
termine its own rules of procedure, is 
not a controlling provision of the 
Constitution and is not to be taken 



literally, but is to be construed in 
connection with Art. 3, Sec. 15. Cohn 
v. Kingsley (1897) 5 Ida. 416; 49 Pac. 
985. 



86 



CONSTITUTION OF IDAHO 



Quorum, Adjournments and Organization. 

Sec. 10. A majority of each house shall constitute a quorum to 
do business, but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members in such manner and 
under such penalties as such house may provide. A quorum being 
in attendance, if either house fail to effect an organization within the 
first four days thereafter, the members of the house so failing shall 
be entitled to no compensation from the end of the said four days 
until an organization shall have been effected. 

Expulsion of Members. 

Sec. 11. Each house may, for good cause shown, with the concur- 
rence of two-thirds of all the members, expel a member. 

Secret Sessions Prohibited. 

Sec. 12. The business of each house, and of the committee of the 
whole, shall be transacted openly and not in secret sessions. 

Journal. 

Sec. 13. Each house shall keep a journal of its proceedings; and 
the yeas and nays of the members of either house on any question, 
shall at the request of any three members present, be entered on the 
journal. 



Contents of Journal: The journal 
of both houses of the Legislature 
must affirmatively show that the pro- 
visions of the Constitution were sub- 
stantially followed by the Legislature 
in the passage of an Act, the validity 
of which is questioned. Cohn v. 
Kingsley (1897) 5 Ida. 416; 49 Pac. 
985. And the failure of the journal 
to show compliance with the Consti- 
tution is conclusive evidence of non- 
compliance, lb. 

A vote on the final passage of any 
bill, or on the suspension of the pro- 
vision of the Constitution which re- 
quires the reading of bills on three 
several days, or on the expulsion of 
a member, whether demanded by 
three members or not, must be by 
yeas and nays, and entered in the 
journal. lb. Sullivan, C. J., dis- 
sents from these propositions and 
holds that only such matters as are 
expressly required by the Constitu- 
tion to be entered in the journal need 
be so entered; that the yea and nay 
vote need not be entered unless re- 
quested by three members, and that 
a law is not invalid because of the 
journal's failure to show compliance 
with Constitutional provisions not re- 
quired to be entered on the journal, 
lb. 



Conclusiveness of Journal: The 

court will not go behind the journal 
of the Legislature to ascertain what 
is done by that body; the journal it- 
self is conclusive, and if incorrectly 
or improperly made up, it is for the 
Legislators and not for the court, to 
correct the same. Burkhart v. Reed 
(1889) 2 Ida. 503; 22 Pac. 1. The 
journal is not only the best, but the 
exclusive evidence of what was done 
by the Legislature in passing bills, 
and absolute verity will be imputed 
thereto by the courts. Cohn v. 
Kingsley (1897) 5 Ida. 416; 49 Pac. 
985. 

Consideration by Court: The court 
may go back of the enrolled bill and 
examine the journals of the respective 
houses of the Legislature in order to 
ascertain whether the requirements of 
the Constitution were obeyed in the 
passage of an act which is questioned. 
lb. 

Before a court will assume to pass 
upon the constitutionality of the en- 
actment of a statute by the Legisla- 
ture, it must have before it a copy 
of the original journals showing the 
whole record of the enactment, duly 
certified by the Secretary of State; 
the want of such journal cannot be 
supplied by stipulation of counsel. 
State v. Boise (1897) 5 Ida. 519; 51 
Pac. 110. 



Origin and Amendment of Bills. 

Sec. 14. Bills may originate in either house, but may be amended 
or rejected in the other, except that bills for raising revenue shall 
originated in the House of Representatives. 



LEGISLATIVE DEPARTMENT 



87 



Cited: Cohn v. Kingsley (1897) 5 
Ida. 416; 49 Pac. 985. 

Passage of Amendments: The fact 
that the House amended the title to 
a bill, and then failed to return the 
bill to the Senate for its concurrence 
in the amendment, but referred the 
same to the committee on enrollment, 
and that it was thereupon presented 
to the Governor for his approval, does 



not render the act void, where the 
amendment to the title consisted 
merely in striking- out a certain clause 
applicable to a portion of the act 
which had been left out by the Sen- 
ate amendments, afterwards con- 
curred in by the House, and which 
did not appear in the Act as finally 
passed. State v. Doherty (1892) 3 Ida. 
384; 29 Pac. 855. 



Manner of Passing Bills. 

Sec. 15. No law shall be passed except by bill, nor shall any bill 
be put upon its final passage until the same, with the amendments 
thereto, shall have been printed for the use of the members ; nor shall 
any bill become a law unless the same shall have been read on three 
several days in each house previous to the final vote thereon: Pro- 
vided, In case of urgency, two-thirds of the house where such bill 
may be pending may, upon a vote of the yeas and nays, dispense with 
this provision. On the final passage of all bills they shall be read 
at length, section by section, and the vote shall be by yeas and nays 
upon each bill separately, and shall be entered upon the journal; and 
no bill shall become a law without the concurrence of a majority of 
the members present. 



Cited: Aldeman v. Pierce (1898) 
6 Ida. 294; 55 Pac. 658; Jack v. Vil- 
lage of Grangeville (1903) 9 Ida. 291; 
74 Pac. 969. 

Application — Constitutional Amend- 
ments: The power of the Legisla- 
ture to propose amendments to the 
Constitution is not governed by the 
provisions of this section. Hays v. 
Hays (1897) 5 Ida. 154; 47 Pac. 732. 

Passage of Amended Bills: A bill, 
within the contemplation of the Con- 
stitution, means a draft of a proposed 
law and nothing else, and includes all 
amendments which are incorporated 
therein up to the time of its passage. 
Therefore, amendments, when offered 
and accepted, must be printed with 
the bill, and the whole bill as amend- 
ed must be read on three several days. 
Cohr v. Kingsley (1897) 5 Ida. 416; 
49 Pac. 985. Sullivan, C. J., dissents 
and holds that amendments to a bill 
need not be read on three several 
days in each house, as required in 
case of bills by this section. lb. 

A bill which passes one house, and 
which is materially changed by 
amendment by the other house, and 
then sent back to the house where it 
originated, must go through the same 
procedure as to reading and final vote 
as if it were an original bill. The 



mere declaration that "we concur in 
the house amendments" does not an- 
swer the requirements of the Consti- 
tution, lb. 

Application of Proviso: The pro- 
viso to this section applies only to 
the last clause preceding the proviso, 
and it does not authorize the Legisla- 
ture to dispense with the introduction 
of a proposed law by bill, nor with 
printing the bill, but simply author- 
izes it to dispense with the necessity 
of taking six days for the passage of 
a bill, and to pass the same in one 
day, in case of urgency requiring 
such action. lb. 

The constitutional provision requir- 
ing the printing and reading of bills 
on three several days is mandatory, 
and such readings cannot be dis- 
pensed with except in "case of urgen- 
cy" and then only on an aye and nay 
vote by two-thirds of the house vot- 
ing with reference to only one bill 
before it; the provision can not be 
suspended generally. lb. 

The Legislature has no power to 
dispense with the final reading of the 
bill, section by section, and an act 
not read section by section at least 
on the final reading, is void. Brown 
v. Collister (1897) 5 Ida. 589; 51 Pac. 
417. 



Unity of Subject and Title. 

Sec. 16. Every Act shall embrace but one subject and matters 
properly connected therewith, which subject shall be expressed in the 
title; but if any subject shall be embraced in an Act which shall not 
be expressed in the title, such Act shall be void only as to so much 
thereof as shall not be embraced in the title. 



88 



CONSTITUTION OF IDAHO 



Cited: State v. Mulkey (1899) 6 
Ida. 617; *9 Pac. 17. 

Application to Constitutional 

Amendments: It is not essential that 
the subject of the proposed constitu- 
tional amendment should be ex- 
pressed in its title. A proposed 
amendment need not have any title 
except that it should designate the 
article of the Constitution to be 
amended. Hays v. Hays (1897) 5 Ida. 
154; 47 Pac. 732. 

General Construction : The gener- 
ality of a title to a bill is no objec- 
tion to it, so long as it is not made a 
cover to legislation incongruous in 
itself, which, by no fair intendment, 
can be considered as having a neces- 
sary or proper connection with it. 
Pioneer Irr. Dist. v. Bradley (1902) 
8 Ida. 310; 68 Pac. 295. 

The courts must give a liberal con- 
struction to the language used by the 
Legislature in framing the title to any 
given Act which it may pass. Turn- 
er v. Coffin (1903) 9 Ida. 338; 74 Pac. 
962. 

The intention of this provision was 
to require a title sufficiently definite 
and comprehensive to indicate, to one 
reading it, the general scope and pur- 
pose of the legislation intended by the 
act, and if the title be sufficient for 
that purpose, it will be held to include 
all necessary and incidental legisla- 
tion required to make the general 
purpose of the act operative. lb. 

Sufficient Titles. A title reading: 
"To amend section 3604 (concerning 
issue of bonds by counties for certain 
purposes in excess of the income or 
revenue of the county for the year) 
in section 1 of an Act of the Legisla- 
ture of the State of Idaho entitled, 'An 
Act providing for the issuance of ne- 
gotiable coupon bonds for the fund- 
ing and refunding of county indebt- 
edness, amending chapter 6, title 13, 
Revised Statutes of Idaho, approved 
February 7, 1899,' by adding thereto 
authority to issue bonds to assist any 
city or village in constructing a free 
bridge over any navigable stream, 
within, or partly within, or adjoin- 
ing the limits of any such city or 
village," sets forth the subject, ob- 
ject or purpose of the act sufficiently. 
Andrews v. Board of Commrs. of Ada 
Co. (1900) 7 Ida. 453; 63 Pac. 592. 

Laws 1901, 91, the title to which 
is, in substance, "An Act to amend 
certain sections of an Act to provide 
for the organization and government 
of irrigation districts and to amend 
certain sections of an Act providing 
for a State Engineer," while it covers 
subjects which had previously been 
segregated into distinct acts by the 
Legislature, yet relates solely to 
the one general subject of irrigation 
which might have been covered by a 
single Act, is not repugnant to this 
section. (Quarles, C. J., dissents.) 



Pioneer Irr. Dist. v. Bradley - (1902) 
8 Ida. 310; 68 Pac. 295. 

An Act entitled, "An Act to amend 
section 1645 of the Revised Statutes 
of Idaho, as amended by Act ap- 
proved February 16, 18 99," is suffi- 
cient. State v. Jones (1904) 9 Ida. 
693; 75 Pac. 819. 

Laws 19 03, 223, providing for the 
appropriation, diversion and adjudi- 
cation of the rights to the use of all 
the waters in the State running in 
the natural channel of streams, and 
which contemplates that all such wa- 
ters are "public waters," private rights 
therein being simply rights to the 
use of the same and not an owner- 
ship in them, is sufficiently indicated 
by its title, which is: "An Act to reg- 
ulate the appropriation and diversion 
of the 'Public Waters' of the State." 
Boise Irr. etc. Co. v. Stewart (1904) 

10 Ida. 38; 77 Pac. 25, 321. 

The subject of the Act of March 9, 
1903, amending the charter of the city 
of Lewiston, is sufficiently expressed 
by the title: "An Act to amend an 
Act entitled, 'An Act to amend the 
charter of the city of Lewiston, ap- 
proved February 9, 1881,' and to 
amend an Act entitled (designating 
the several Acts affecting and amend- 
ing the charter of said city) and es- 
tablishing a new and complete char- 
ter for said city." Butler v. City of 
Lewiston (1905) 11 Ida. 393; 83 Pac. 
234. 

The irrigation law of March 9, 1903, 
is sufficiently covered by its title, 
which is, "An Act relating to irriga- 
tion districts and to provide for the 
organization thereof, and to provide 
for the acquisition of water and other 
property, and for the distribution of 
water thereby for irrigation purposes, 
and for other and similar purposes." 
Nampa, etc. Irr. Dist. v. Brose (1905) 

11 Ida. 474; 83 Pac. 499. 

A title, "An Act to amend section 
24 of an Act entitled, 'An Act to pro- 
vide for the organization, government 
and powers of cities and villages, ap- 
proved February 10, 18 99," the body 
of the Act purporting to amend the 
section referred to in- the title, is suf- 
ficient. School Dist. No. 2 7 v. Vil- 
lage of Twin Falls (1907) 13 Ida...; 
90 Pac. 735. 

Insufficient Titles: An Act entitled, 
"An Act providing for the apportion- 
ment of the Legislature," and which 
purports to provide for such appor- 
tionment among all the supposed ex- 
isting counties of the State, can not 
be sustained after certain of the 
counties for which it provided the ap- 
portionment have been declared non- 
existant by the Supreme Court, be- 
cause of the unconstitutionality of the 
law purporting to create them. Bal- 
lentine v. Willey (1893) 3 Ida. 496; 
31 Pac. 994. 

The act of March 4, 1903, Laws 
(1903, 375) the title to which is 



LEGISLATIVE DEPARTMENT 



89 



"An Act to provide for the care and 
keeping- of moneys in the custody of 
the Treasurer of the State of Idaho," 
and the general purpose of which is 
to secure interest on State moneys by 
depositing the same in banks out of 
the custody of the Treasurer, is void 
under this section. Turner v. Coffin 
(1903) 9 Ida. 388; 74 Pac. 962. 

An Act entitled, "An Act relating 
to foreign corporations doing business 
in the State of Idaho," is in violation 
of this section, where the body there- 
of purports to relieve foreign corpo- 
rations from the penalties and for- 
feitures incurred by them in trans- 
acting business within the State in 
violation of law. Katz v. Herrick 
(1906) 12 Ida. 1; 86 Pac. 873. 

Laws 1903, 346, the title to 
which purports to prohibit the sale 
of liquor near public works and grad- 
ing camps, but the body of which 
does not prohibit such sale, but under- 
takes to regulate it, is repugnant to 
this section. Gerding v. Board of 
Commrs. of Idaho Co. (1907) 13 Ida. 
. . . ; 90 Pac. 357. 

Unity of Subject: The objection 
should be grave, and the conflict be- 
tween the Constitution and the Stat- 
ute palpable, before the judiciary 
should hold a legislative enactment 
unconstitutional upon the sole ground 



that it embraces more than one sub- 
ject. Pioneer Irr. Dist. v. Bradley 
(1902) 8 Ida. 310; 68 Pac. 295. 

The object of this section was to 
prohibit combining in one bill sub- 
jects diverse in their nature and hav- 
ing no necessary connection. It was 
not intended to prevent the incorpo- 
ration into a single act of the entire 
statutory law upon one general sub- 
ject. And if the provisions of an act 
all relate directly or indirectly to the 
same subject, have a natural connec- 
tion therewith and are not foreign 
to the subject expressed in the title, 
they are properly united in a single 
act, however numerous such provi- 
sions may.be. lb. 

If two separate bills are passed by 
the Legislature on the same general 
subject, and with differently worded 
titles, said acts may be amended by 
one bill, with a proper title. But if 
the title contains two distinct sub- 
jects, and both the subjects are legis- 
lated upon in the body of the act, the 
act is absolutely void. lb. 

Those portions of acts passed by 
the Legislature which are not in- 
cluded or embraced within the title 
of such acts are void. Cohn v. 
Kingsley (1897) 5 Ida. 416; 49 Pac. 
985. 



Technical Terms to be Avoided. 

Sec. 17. Every Act or Joint Resolution shall be plainly worded, 
avoiding as far as practicable the use of technical terms. 

Amendments to be Published in Full. 

Sec. 18. No Act shall be revised or amended by mere reference 
to its title, but the section as amended shall be set forth and published 
at full length. 



Cited: (Concur. op.) Green v. 
State Board Canvassers (1896) 5 Ida. 
130; 47 Pac. 259. 

Application: This section has no 
application to repeals either express 
or implied, but only to revisions and 
amendments. Noble v. Bragaw 

(1906) 12 Ida. 265; 85 Pac. 903. 

Object of Section: The object of 
this provision is to prevent obscurity, 
confusion and uncertainty in the law; 
it deals with such amendments as 
change the application, force or ef- 
fect of an act; the act of the first 
State Legislature changing the Words 
"territory" to "state" and "comptrol- 
ler" to "auditor" is not repugnant to 
this section. Gilbert v. Moody (1891) 
3 Ida. 3; 25 Pac. 1092. 

Setting Out Amendments: This 
section does not require the whole 
chapter of which the amended sec- 
tion is a part, to be set forth at full 
length, but only requires the section 
amended to be set out although, 
standing alone, the amended section 
is not sufficient to indicate its pur- 
pose. State v. Jones (1904) 9 Ida. 



693; 75 Pac. 819. The whole act 
containing the section amended need 
not be republished in full, but only 
the section amended need be repub- 
lished. Noble v. Bragaw (1906) 12 
Ida. 265; 85 Pac. 903. 

Construction of Related Acts: Two 

or more laws relating to the same 
subject or to different parts of the 
same subject, are not necessarily 
amendatory to each other, within the 
meaning of this section, although 
they may be construed in pari ma- 
teria, lb. 

Laws 1905, 39, Sec. 39, which re- 
peals such sections of the sheep in- 
spection law of 1901 as create the 
office of sheep inspector and deputy 
sheep inspectors, but continues in 
force the remainder of the act of 
1901, and requires the State veteri- 
nary surgeon and live stock inspec- 
tors, provided for in said act of 1905, 
to perform the duties imposed on the 
sheep inspector and his deputies by 
the act of 1901, is not in violation of 
this section. lb. 



90 CONSTITUTION OF IDAHO 



Local and Special Laws Prohibited. 

Sec. 19. The Legislature shall not pass local or special laws in any 
of the following enumerated cases, that is to say : 

Regulating the jurisdiction and duties of justices of the peace and 
constables. 

For the punishments of crimes and misdemeanors. 

Regulating the practice of the courts of justice. 

Providing for a change of venue in civil or criminal actions. 

Granting divorces. 

Changing the names of persons or places. 

Authorizing the laying out, opening, altering, maintaining, work- 
ing on, or vacating roads, highways, streets, alleys, town plats, parks, 
cemeteries, or any public grounds not owned by the State. 

Summoning and impaneling grand and trial juries, and providing 
for their compensation. 

Regulating county and township business, or the election of coun- 
ty and township officers. 

For the assessment and collection of taxes. 

Providing for and conducting elections, or designating the place 
of voting. 

Affecting the estates of deceased persons, minors, or other persons 
under legal disabilities. 

Extending the time for collection of taxes. 

Giving effect to invalid deeds, leases or other instruments. 

Refunding money paid into the State Treasury. 

Releasing of extinguishing, in whole or in part, the indebtedness, 
liability or obligation of any person or corporation in this State, or 
any municipal corporation therein. 

Declaring any person of age, or authorizing any minor to sell, 
lease or incumber his or her property. 

Legalizing as against the State the unauthorized or invalid act of 
any officer. 

Exempting property from taxation. 

Changing county seats, unless the law authorizing the change 
shall require that two-thirds of the legal votes cast at a general or 
special election shall designate the place to which the county seat shall 
be changed: Provided, That the power to pass a special law shall 
cease as long as the Legislature shall provide for such change by 
general law: Provided further, That no special law shall be passed 
for any one county oftener than once in six years. 

Restoring to citizenship persons convicted of infamous crimes. 

Regulating the interest on money. 

Authorizing the creation, extension or impairing of liens. 

Chartering or licensing ferries, bridges or roads. 

Remitting fines, penalties or forfeitures. 

Providing for the management of common schools. 

Creating offices or prescribing the powers and duties of officers 
in counties, cities, townships, election districts or school districts, 
except as in this Constitution otherwise provided. 

Changing the law of descent or succession. 

Authorizing the adoption or legitimization of children. 

For limitation of civil or criminal actions. 



LEGISLATIVE DEPARTMENT 



91 



Creating any corporation. 

Creating, increasing or decreasing fees, percentages, or allow- 
ances of public officers during the term for which said officers are 
elected or appointed. 



Cited: Wiggin v. City of Lewiston 
(1902) 8 Ida. 527; 69 Pac. 286. 

Scope of Prohibition: This sec- 
tion prohibits the enactment of local 
or special laws on the subjects there- 
in enumerated, but leaves the Legis- 
lature master of its own discretion in 
passing special laws on subjects not 
prohibited by the Constitution. But- 
ler v. City of Lewiston (1905) 11 Ida. 
393; 83 Pac. 234. Thus the Legisla- 
ture may amend by special law the 
charter of a pre-existing city so long 
as the amendments are germane with 
the objects of the charter. lb. 

Laws Concerning- Crimes: The act 

of 1897 prohibiting gambling, if con- 
strued so as to make an act lawful 
in one part of the State which is, in 
another part, made a misdemeanor, 
would be a local or special law and 
unconstitutional. In re Ridenbaugh 
(1897) 5 Ida. 371; 49 Pac. 12. 

Regulations of Practice: Section 
34 of Laws 1903, 223, relative to 
the distribution of water and adju- 
dication of water rights, which au- 
thorizes a suit for adjudication of wa- 
ter rights to be brought against "all 
claimants of a right to the use of the 
water" of the stream in question, 
without naming the defendants or re- 
quiring any effort for personal ser- 
vice on such defendants as might be 
found, is special legislation regulating 



practice, and is repugnant to this sec- 
tion. Bear Lake Co. v. Budge (1904) 

9 Ida. 703; 75 Pac. 614. 

Laws 1903, 223, providing for the 
appropriation, diversion and adjudi- 
cation of the rights to the use of the 
waters of the State, and which con- 
tains certain peculiar provisions as 
to the duties of the State engineer, 
the apportionment of costs, the prep- 
aration and use of maps as evidence, 
etc., in proceedings for the adjudi- 
cation of water rights, is not repug- 
nant to subdivision 3 of this section, 
which prohibits local laws regulating 
practice. (Stockslager, J., dissents) 
Boise Irr. etc. Co. v. Stewart (1904) 

10 Ida. 38; 77 Pac. 25, 321. 

Regulation of Counties: The Leg- 
islature, in creating a new county, 
may provide for the appointment by 
the Governor of county officers to 
hold office until the first biennial elec- 
tion after the creation of the county. 
Sabin v. Curtis (1893) 3 Ida. 662; 32 
Pac. 1130. 

An act creating a new county and 
apportioning the indebtedness of the 
original county and the new county, 
does not violate the requirement of 
this section which prohibits the Leg- 
islature from framing local laws reg- 
ulating county and township business. 
Bannock Co. v. Bunting (1894) 4 Ida. 
156; 37 Pac. 277. 



Lotteries Not to be Authorized. 

Sec. 20. The Legislature shall not authorize any lottery or gift 
enterprise under any pretense or for any purpose whatever. 

Signature of Bills and Resolutions. 

Sec. 21. All bills or joint resolutions passed shall be signed by the 
presiding officers of the respective houses. 

When Acts Take Effect. 

Sec. 22. No Act shall take effect until sixty days from the end of 
the session at which the same shall have been passed, except in case 
of emergency, which emergency shall be declared in the preamble or 
in the body of the law. 

Cited: Shoshone Co. v. Thomp- 
son (1905) 11 Ida. 130; 81 Pac. 73. 

Compensation and Mileage of Members. 

Sec. 23. Each member of the Legislature shall receive for his ser- 
vices a sum not exceeding five dollars per day from the commence- 
ment of the session, but such pay shall not exceed for each member, 
except the presiding officer, in the aggregate, three hundred dollars 



92 



CONSTITUTION OF IDAHO 



for per diem allowances for any one session; and shall receive each 
the sum of ten cents per mile each way by the usual traveled route. 

When convened in extra session by the Governor, they shall each 
receive five dollars per day ; but no extra session shall continue for a 
longer period than twenty days, except in case of the first session of 
the Legislature. They shall receive such mileage as is allowed for 
regular sessions. The presiding officers of the Legislature shall each 
in virtue of his office receive an additional compensation equal to one- 
half his per diem allowance as a member : Provided, That whenever 
any member of the Legislature shall travel on a free pass in coming 
to or returning from the session of the Legislature, the number of 
miles actually traveled on such pass shall be deducted from the mile- 
age of such member. 



Application: This section, which 
limits the compensation of members 
of the Legislature to $300 for any one 
session, applies to the regular bienni- 
al sessions of the Legislature, and does 
not apply to the first session directed 



by Art. 21, Sec. 14, to be called by 
the Governor immediately upon his 
qualification and assumption of du- 
ties. (Huston, J., dissents.) Good- 
night v. Moody (1891) 3 Ida. 7; 26 
Pac. 121. 



Promotion of Temperance and Morality. 

Sec. 24. The first concern of all good government is the virtue and 
sobriety of the people, and the purity of the home. The Legislature 
should further all wise and well directed efforts for the promotion of 
temperance and morality. 

Oath of Office. 

Sec. 25. The members of the Legislature shall, before they enter 
upon the duties of their respective offices, take or subscribe the fol- 
lowing oath or affirmation : "I do solemnly swear (or affirm, as the 
case may be) that I will support the Constitution of the United States, 
and the Constitution of the State of Idaho, and that I will faithfully 
discharge the duties of Senator (or Representative, as the case may 
be) according to the best of my ability." And such oath may be ad- 
ministered by the Governor, Secretary of State, or Judge of the Su- 
preme Court or presiding officer of either house. 

ARTICLE 4. 
EXECUTIVE DEPARTMENT. 



Section 

1. Executive officers: term of of- 
fice. 

Election of officers. 
Qualifications of officers. 

Governor is commander of mili- 
tia. 

Supreme executive power vested 
in Governor. 

Governor to appoint officers. 

Board of pardons. 

Governor may require reports: 

messages to Legislature. 

Extra sessions of Legislature. 

Veto power. 



2. 
3. 
4. 

5. 

6. 

7. 



9. 
10. 



Section 

11. Disapproval 



of appropriation 
Governor to act as 



bills. 

12. Lieutenant 
Governor. 

13. Lieutenant Governor is Presi- 
dent of Senate. 

14. President pro tempore to act as 
Governor. 

15. Great seal of the State. 

16. Grants and permissions. 

17. Accounts and reports of officers. 

18. Board of prison commissioners 
and examiners. 

19. Salaries and fees of officers. 



EXECUTIVE DEPARTMENT 93 

Executive Officers: Term of Office. 

Sec. 1. The executive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, State Auditor, State Treas- 
urer, Attorney General and Superintendent of Public Instruction, 
each of whom shall hold his office for two years beginning on the 
first Monday in January next after his election, except as otherwise 
provided in this Constitution. The officers of the executive depart- 
ment, excepting the Lieutenant Governor, shall during their terms 
of office, reside at the seat of government, where they shall keep 
the public records, books and papers. They shall perform such du- 
ties as are prescribed by this Constitution and as may be prescribed 
by law. 

Election of Officers. 

Sec. 2. The officers named in section one of this article shall be 
elected by the qualified electors of the State at the time and places of 
voting for members of the Legislature, and the persons, respectively, 
having the highest number of votes for the. office voted for shall be 
elected ; but if two or more shall have an equal and the highest num- 
ber of votes for any one of said offices, the two houses of the Legis- 
lature at its next regular session, shall forthwith, by joint ballot, 
elect one of said persons for said office. The returns of election for 
the officers named in section one shall be made in such manner as may 
be prescribed by law, and all contested elections of the same, other 
than provided for in this section, shall be determined as may be pre- 
scribed by law. 

Qualifications of Officers, 

Sec. 3. No person shall be eligible to the office of Governor or 
Lieutenant Governor unless he shall have attained the age of thirty 
years at the time of his election ; nor to the office of Secretary of 
State, State Auditor, Superintendent of Public Instruction, or State 
Treasurer, unless he shall have attained the age of twenty-five years ; 
nor to the office of Attorney General unless he shall have attained 
the age of thirty years, and have been admitted to practice in the 
Supreme Court of the State or Territory of Idaho, and be in good 
standing at the time of his election. In addition to the qualifications 
above described each of the officers named shall be a citizen of the 
United States and shall have resided within the State or Territory 
two years next preceding his election. 

Governor Is Commander of Militia. 

Sec. 4. The Governor shall be commander-in-chief of the military 
forces of the State, except when they shall be called into actual ser- 
vice of the United States. He shall have power to call out the militia 
to execute the laws, to suppress insurrection, or to repel invasion. 
Supreme Executive Power Vested in Governor. 

Sec. 5. The supreme executive power of the State is vested in the 
Governor, who shall see that the laws are faithfully executed. 



94 



CONSTITUTION OF IDAHO 



Governor to Appoint Officers. 

Sec. 6. The Governor shall nominate and, by and with the con- 
sent of the Senate, appoint all officers whose offices are established by 
this Constitution, or which may be created by law and whose appoint- 
ment or election is not otherwise provided for. If during the recess 
of the Senate, a vacancy occurs in any State or district office, the 
Governor shall appoint some fit person to discharge the duties thereof 
until the next meeting of the Senate, when he shall nominate some 
person to fill such office. If the office of a Justice of the Supreme 
or District Court, Secretary of State, State Auditor, State Treasurer, 
Attorney General, or Superintendent of Public Instruction shall be 
vacated by death, resignation or otherwise, it shall be the duty of the 
the Governor to fill the same by appointment, and the appointee shall 
hold his office until his successor shall be elected and qualified in such 
manner as may be provided by law. 



is not infringed by Laws 18 99, 3 45, 
providing- for the appointment of a 
Board of Medical Examiners by the 
Governor without the consent of the 
Senate. In re Inman (1902) 8 Ida. 
398; 69 Pac. 120. 



Appointment of Officers: This sec- 
tion, in providing for the appointment 
of officers by the Governor with the 
consent of the Senate, applies only to 
officers for whose appointment no 
other provision i=; made by law, and 

Board of Pardons. 

Sec. 7. The Governor, Secretary of State, and Attorney General 
shall constitute a board to be known as the Board of Pardons. Said 
board, or a majority thereof, shall have the power to remit fines and 
forfeitures, and to grant commutations and pardons after conviction 
and judgment, either absolutely or upon such conditions as they may 
impose, in all cases of offenses against the State except treason or 
conviction on impeachment. The Legislature shall by law prescribe 
the session of said board and the manner in which application shall be 
made and regulate the proceedings thereon ; but no fine or forfeiture 
shall be remitted, and no commutation or pardon granted, except by 
the decision of a majority of said board, after a full hearing in open 
session, and until previous notice of the time and place of such hear- 
ing and the release applied for shall have been given by publication 
in some newspaper of general circulation at least once a week for 
four weeks. The proceedings and decision of the board shall be re- 
duced to writing and with their reasons for their action in each 
case, and the dissent of any member who may disagree, signed by 
him, and filed, with all papers used upon the hearing,, in the office 
of the Secretary of State. 

The Governor shall have power to grant respites or reprieves in 
all cases of convictions for offenses against the State, except treason 
or conviction on impeachment, but such resoites or reprieves shall 
not extend beyond the next session of the Board of Pardons; and 
such board shall at such session continue or determine such respite 
or reprieve, or they may commute or pardon the offense, as herein 
provided. In cases of conviction for treason the Governor shall 
have the power to suspend the execution of the sentence until the 
case shall be reported to the Legislature at its next regular session, 
when the Legislature shall either pardon or commute the sentence, 
direct its execution, or grant a further reprieve. He shall communi- 



EXECUTIVE DEPARTMENT 



95 



cate to the Legislature, at each regular session, each case of remis- 
sion of fine or forfeiture, reprieve, commutation or pardon granted 
since the last previous report, stating the name of the convict, the 
crime of which he was convicted, the sentence and its date, and the 
date of remission, commutation, pardon or reprieve, with the rea- 
sons for granting the same, and the objections, if any, of any mem- 
ber of the board made thereto. 



Conditional Pardons: The board 
of pardons may attach such condi- 
tions as they see fit to pardon, com- 
mutation or parole, so long as they 
are not immoral, illegal or impossible 
of performance, and provided that 
they are to be kept or performed, or 
complied with, during the term for 
which the prisoner was sentenced, but 
they can not require a convict who 



has broken his parole to undergo im- 
prisonment, after the expiration of 
the time fixed by the judgment of 
conviction for the termination of such 
imprisonment, by requiring him to 
serve an additional time equal to that 
during which he was out on parole. 
(Sullivan, J., dissents.) In re Prout 
(1906) 12 Ida. 494; 86 Pac. 275. 



Governor May Require Reports: Messages to Legislature. 

Sec. 8. The Governor may require information in writing from 
the officers of the executive department upon any subject relating 
to the duties of their respective offices, which information shall be 
given upon oath whenever so required; he may also require informa- 
tion in writing, at any time, under oath, from all officers and man- 
agers of State institutions, upon any subject relating to the condi- 
tion, management and expenses of their respective offices and insti- 
tutions, and may at any time he deems it necessary, appoint a com- 
mittee to investigate and report to him upon the condition of any ex- 
ecutive office or State institution. The Governor shall at the com- 
mencement of each session and from time to time, by message, give 
to the Legislature information of the condition of the State, and 
shall recommend such measures as he shall deem expedient. He shall 
also send to the Legislature a statement, with vouchers, of the ex- 
penditures of all money belonging to the State and paid out by him. 
He shall also, at the commencement of each session, present esti- 
mates of the amount of money required to be raised by taxation for 
all purposes of the State. 

Extra Sessions of Legislature. 

Sec. 9. The Governor may, on extraordinary occasions, convene 
the Legislature by proclamation stating the purposes for which he has 
convened it ; but when so convened it shall have no power to legislate 
on any subjects other than those specified in the proclamation; but 
may provide for the expenses of the session and other matters inci- 
dental thereto. He may also, by proclamation, convene the Senate in 
extraordinary session for the transaction of executive business. 

Cited: Goodnight v. Moody (1891) 
3 Ida. 7; 26 Pac. 121. 

Veto Power. 

Sec. 10. Every bill passed by the Legislature shall, before it be- 
comes a law, be presented to the Governor. If he approve, he shall 
sign it, and thereupon it shall become a law ; but if he do not approve, 
he shall return it with his objections to the house in which it origina- 
ted, which house shall enter the objections at large upon its journals 



96 CONSTITUTION OP IDAHO 



and proceed to reconsider the bill. If then two-thirds of the members 
present agree to pass the same it shall be sent, together with the 
objections, to the other house, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of the members present in 
that house, it shall become a law, notwithstanding the objections of 
the Governor. In all such cases the vote of each house shall be de- 
termined by yeas and nays, to be entered on the journal. Any bill 
which shall not be returned by the Governor to the Legislature within 
five days (Sundays excepted) after it shall have been presented to 
him, shall become a law in like manner as if he had signed it, unless 
the Legislature shall by adjournment, prevent its return, in which 
case it shall be filed, with his objections, in the office of the Secre- 
tary of State within ten days after such adjournment (Sundays ex- 
cepted) or become a law. 

Disapproval of Appropriation Bill. 

Sec. 11. The Governor shall have power to disapprove of any item 
or items of any bill making appropriations of money embracing dis- 
tinct items, and the part or parts approved shall become a law and 
the item or items disapproved shall be void unless enacted in the 
manner following: If the Legislature be in session, he shall within 
five days transmit to the house within which the bill originated a 
copy of the item or items thereof disapproved, together with his ob- 
jections thereto, and the items objected to shall be separately recon- 
sidered, and each item shall then take the same course as is pre- 
scribed for the passage of bills over the executive veto. 

Lieutenant Governor to Act as Governor. 

Sec. 12. In case of the failure to qualify, the impeachment, or 
conviction of treason, felony, or other infamous crime of the Gover- 
nor, or his death, removal from office, resignation, absence from the 
State, or inability to discharge the powers and duties of his office, the 
powers, duties and emoluments of the office for the residue of the 
term, or until the disability shall cease, shall devolve upon the Lieu- 
tenant Governor. 

Lieutenant Governor Is President of Senate. 

Sec. 13. The Lieutenant Governor shall be president of the Senate, 
but shall vote only when the Senate is equally divided. In case of 
the absence or disqualification of the Lieutenant Governor from any 
cause which applies to the Governor, or when he shall hold the of- 
fice of Governor, then the president pro tempore of the Senate shall 
perform the duties of the Lieutenant Governor until the vacancy is 
filled or the disability removed. 

President Pro Tempore to Act as Governor. 

Sec. 14. In case of the failure to qualify in his office, death, resig- 
nation, absence from the State, impeachment, conviction of treason, 
felony or other infamous crime, or disqualification from any cause, of 
both Governor and Lieutenant Governor, the duties of the Governor 
shall devolve upon the President of the Senate pro tempore, until 
such disqualification of either the Governor or Lieutenant Governor 
be removed, or the vacancy filled ; and if the President of the Senate, 



EXECUTIVE DEPARTMENT 



97 



for any of the above named causes, shall become incapable of perform- 
ing the duties of Governor, the same shall devolve upon the Speaker 
of the House. 

Great Seal of the State. 

Sec. 15. There shall be a seal of this State, which shall be kept by 
the Secretary of State and used by him officially, and shall be called 
'The Great Seal of the State of Idaho." The seal of the Territory 
of Idaho, as now used, shall be the seal of the State until otherwise 
provided by law. 

Grants and Permissions. 

Sec. 16. All grants and permissions shall be in the name and by 
the authority of the State of Idaho, sealed with the Great Seal of the 
State, signed by the Governor and countersigned by the Secretary of 
State. 

Accounts and Reports of Officers. 

Sec. 17. An account shall be kept by the officers of the executive 
department and of all public institutions of the State, of all moneys 
received by them severally, from all sources, and for every service 
performed, and of all moneys disbursed by them severally, and a 
semi-annual report thereof shall be made to the Governor, under 
oath; they shall also, at least twenty days preceding each regular 
session of the Legislature, make full and complete reports of their 
official transactions to the Governor, who shall transmit the same to 
the Legislature. 

Boards of Prison Commissioners and of Examiners. 

Sec. 18. The Governor, Secretary of State, and Attorney General 
shall constitute a board of State Prison Commissioners, which board 
shall have such supervision of all matters connected with the State 
prison as may be prescribed by law. They shall also constitute a board 
of examiners, with power to examine all claims against the State, ex- 
cept salaries or compensations of officers fixed by law, and perform 
such other duties as may be prescribed by law. And no claim against 
the State, except salaries and compensation of officers fixed by law, 
shall be passed upon by the Legislature without first having been 
considered and acted upon by said board. 



Cited: Krautinger v. Board of Ex- 
aminers (1902) 8 Ida. 463; 69 Pac. 
279; Ackley v. Perrin (1905) 10 Ida. 
531; 79 Pac. 192. 

Board of Examiners: A claim 
arising - out of a contract for the con- 
struction of a State wag-on road which 
stipulates for the final payment when 
the contract is executed to the satis- 
faction of the commissioners and 
board of examiners, must be submit- 
ted for the approval of the board of 



examiners before the auditor can be 
required to issue his warrant there- 
for. Winters v. Ramsey (1895) 4 Ida. 
303; 39 Pac. 193. 

•Same — Coercion of Action: If the 
board refuses to act on a matter up- 
on which the law requires them to 
act the court may compel action but 
can not direct the board how they 
shall act in a particular case. (Sul- 
livan, J., dissents.) Pyke v. Steun- 
enberg (1897) 5 Ida. 614; 51 Pac. 614. 



Salaries and Fees of Officers. 

Sec. 19. The Governor, Secretary of State, State Auditor, State 
Treasurer, Attorney General, and Superintendent of Public Instruc- 
tion shall quarterly as due, during their continuance in office, receive 



98 



CONSTITUTION OF IDAHO 



for their services compensation, which for the term next ensuing after 
the adoption of this Constitution, is fixed as follows : Governor, three 
thousand dollars per annum; Secretary of State, one thousand and 
eight hundred dollars per annum; State Auditor, one thousand 
eight hundred dollars per annum; State Treasurer, one thousand 
dollars per annum; Attorney General, two thousand dollars per 
annum, and Superintendent of Public Instruction, one thousand 
five hundred dollars per annum. The Lieutenant Governor shall re- 
ceive the same per diem as may be provided by law for the Speaker 
of the House of Representatives, to be allowed only during the ses- 
sions of the Legislature. The compensations enumerated shall be in 
full for all services by said officers respectively, rendered in any 
official capacity or employment whatever during their respective terms 
of office. 

No officer named in this section shall receive for the performance 
of any official duty any fee for his own use, but all fees fixed by law 
for the performance by either of them of any official duty shall be 
collected in advance and deposited with the State Treasurer quar- 
terly to the credit of the State. The Legislature may, by law, dimin- 
ish or increase the compensation of any or all of the officers named 
in this section, but no such diminution or increase shall affect the 
salaries of the officers then in office during their term: Provided, 
however, The Legislature may provide for the payment of actual 
and necessary expenses to the Governor, Lieutenant Governor, Secre- 
tary of State, Attorney General, and Superintendent of Public In- 
struction, while traveling within the State in the performance of of- 
ficial duty. 

.Cited: Stein v. Morrison (1904) 
9 Ida. 426; 75 Pac. 246. 

Fees of Officers: It is a part of the 
official duty of the Secretary of State 
to prepare the session laws and leg- 



islative journals for the printer, and 
any fees which he receives for such 
services must be paid over into the 
State Treasury. Anderson v. Lewis 
(1898) 6 Ida. 51; 52 Pac. 163. 



ARTICLE 5. 
JUDICIAL DEPARTMENT. 



Section. 

1. Forms of action abolished. 

2. Judicial power: Where vested. 

.3. Impeachment: Where and how 
tried. 

4. Same: Conviction: Impeachment 
of Governor. 

5. Treason defined and limited. 

6. Supreme Court: Justices: Term 
of office. 

7. Justices prohibited from holding 
other offices. 

8. Terms of Supreme Court. 

9. Jurisdiction of Supreme Court. 

10. Jurisdiction over claims against 
the State. 

11. District Courts: Judges and 
terms. 

12. Residence of Judges: Holding 
court out of district. 

13. Power of Legislature respecting 
courts. 



Secti 
14. 

15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 

23. 
24. 

25. 

26. 

27. 



on. 

Special courts in cities and 
towns. 

Clerk of Supreme Court. 
Clerks of District Court. 
Salaries of Justices and Judges. 
Prosecuting attorneys. 
Vacancies: How filled. 
Jurisdiction of District Court. 
Jurisdiction of probate courts. 
Jurisdiction of justices of the 
peace. 

Qualifications of District Judges. 
Judicial districts enumerated. 
Defects in law to be reported by 
judges. 

Court procedure to be general 
and uniform. , 

Change in compensation of of- 
ficers. 



JUDICIAL DEPARTMENT 



99 



Forms of Action Abolished. 

Sec. 1. The distinctions between actions at law and suits in equity, 
and the forms of all such actions and suits, are hereby prohibited ; and 
there shall be in this State but one form of action for the enforce- 
ment or protection of private rights or the redress of private wrongs, 
which shall be denominated a civil action; and every action prose- 
cuted by the people of the State as a party against a person charged 
with a public offense for the punishment of the same, shall be termed 
a criminal action. 

Feigned issues are prohibited, and the fact at issue shall be tried 
by order of court before a jury. 



Relief at law and equity may be 
granted in the same action, and may 
be granted if the facts pleaded and 
proved entitle the plaintiff to any re- 
lief, either legal, equitable, or both. 
Murphy v. Russell & Co. (1901) 8 Ida. 
133; 67 Pac. 421. But this section 
does not abolish the rules of law and 
equity. Dewey v. Schreiber Imple- 
ment Co. (1906) 12 Ida. 280; 85 Pac. 
921. 



Cited: Christensen v. Hollings- 
worth (1898) 6 Ida. 87; 53 Pac. 211; 
Anderson v. War Eagle Con. Min. Co. 
(1902) 8 Ida. 789; 72 Pac. 671; Cole- 
man v. Jaggers (1906) 12 Ida. 125; 
85 Pac. 894. 

Distinction Abolished: This section 
largely abrogates the distinction be- 
tween cases at law and suits in equity, 
and now equitable remedies defined by 
statute, such as injunctions, are large- 
ly matters of right. Staples v. Rossi 
(1901) 7 Ida. 618; 65 Pac. 67. 

Judicial Power: Where Vested. 

Sec. 2. The judicial power of the State shall be vested in a court 
for the trials of impeachments, a Supreme Court, District Courts, pro- 
bate courts, courts of justices of the peace, and such other courts in- 
ferior to the Supreme Court as may be established by law for any in- 
corporated city or town. 

terially only. In re Sly (1904) 9 Ida. 
779; 76 Pac. 766. 

Laws 1903, 223, providing for 
the appropriation, diversion and ad- 
judication of the rights to the use of 
the waters of the State, and which 
contains certain peculiar provisions as 
to the duties of the State Engineer, 
the apportionment of costs, the prep- 
aration and use of maps as evidence, 
etc., in proceedings for the adjudica- 
tion of water rights, is not repugnant 
to this section. (Stockslager, J., dis- 
sents.) Boise Irr. etc. Co. v. Stewart 
(1904) 10 Ida. 38; 77 Pac. 25, 321. 

The sections of the act which au- 
thorize the State Engineer to pass up- 
on certain questions relating to the 
appropriation of water but which give 
an appeal to the court from decisions 
of the engineer are constitutional. lb. 



Cited: Ada Co. v. Ryals (1895) 4 
Ida. 365; 39 Pac. 5 56; Dewey v. 
Schreiber Implement Co. (1906) 12 
Ida. 280; 85 Pac. 921. 

Investiture of Judicial Power: Laws 
1899, 345, Sec. 6, which vests in 
the board of medical examiners, cre- 
ated by the act of which such section 
is a part, the power to determine what 
is a reputable school of medicine such 
as to entitle the graduates thereof to 
take the examination for a physician's 
license, does not vest in the board 
such a judicial power as to render the 
act repugnant to this section of the 
Constitution. In re Inman (1902) 8 
Ida. 398; 69 Pac. 120. 

A coroner is not vested with judi- 
cial authority and does not act as a 
court in holding an inquest but in the 
performance of such duty acts minis- 



Impeachments : Where and How Tried. 

Sec. 3. The court for the trial of impeachments shall be the Sen- 
ate. A majority of the members elected shall be necessary to a quo- 
rum, and the judgment shall not extend beyond removal from, and 
disqualification to hold office in this State ; but the party shall be liable 
to indictment and punishment according to law. 

Same: Conviction: Impeachment of Governor. 

Sec. 4. The House of Representatives solely shall have the power 



100 CONSTITUTION OF IDAHO 

of impeachment. No person shall be convicted without the concur- 
rence of two-thirds of the Senators elected. When the Governor is 
impeached the Chief Justice shall preside. 

Treason Defined and Limited. 

Sec. 5. Treason against the State shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession, in open court. 
No conviction of treason or attainder shall work corruption of blood 
or forfeiture of estate. 

Supreme Court : Justices : Term of Office. 

Sec. 6. The Supreme Court shall consist of three Justices, a ma- 
jority of whom shall be necessary to make a quorum or pronounce a 
decision. The Justices of the Supreme Court shall be elected by the 
electors of the State at large. The terms of office of the Justices 
of the Supreme Court, except as in this article otherwise provided, 
shall be six years. The Justices of the Supreme Court shall, imme- 
diately after the first election under this Constitution, be selected by 
lot, so 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. The lots 
shall be drawn by the Justices of the Supreme Court, who shall, for 
that purpose, assemble at the seat of government, and they shall 
cause the result thereof to be certified to by the Secretary of State and 
filed in his office. The Justice having the shortest term to serve, not 
holding his office by appointment or election to fill a vacancy, shall 
be Chief Justice, and shall preside at all terms of the Supreme Court, 
and, in case of his absence, the Justice having in like manner the next 
shortest term to serve shall preside in his stead. 

Justices Prohibited from Holding Other Offices. 

Sec. 7. No Justice of the Supreme Court shall be eligible to any 
other office of trust or profit under the laws of this State during the 
term for which he was elected. 

Terms of Supreme Court. 

Sec. 8. At least four terms of the Supreme Court shall be held 
annually; two terms at seat of the State government, and two terms 
at the City of Lewiston, in Nez Perce County. In case of epidemic, 
pestilence, or destruction of court houses, the Justices may hold terms 
of Supreme Court provided by this section at other convenient places, 
to be fixed by a majority of said Justices. After six years the Legis- 
lature may alter the provisions of this section. 

Jurisdiction of Supreme Court. 

Sec. 9. The Supreme Court shall have jurisdiction to review, upon 
appeal, any decision of the District Courts, or the Judges, thereof. 
The Supreme Court shall also have original jurisdiction to issue writs 
of mandamus, certiorari, prohibition, and habeas corpus, and all writs 
necessary or proper to the complete exercise of its appellate juris- 
diction. 



Cited: Tootle v. French (1891) 3 
Ida. 1; 25 Pac. 1091; Miller v. Smith 
(1900) 7 Ida. 204; 61 Pac. 824; Wil- 



son v. Bartlett (190 0) 7 Ida. 269; 62 
Pac. 415; Ponting v. Isman (1900) 
7 Ida. 283; 62 Pac. 680; First Natl. 



JUDICIAL DEPARTMENT 



101 



Bk. of Pocateilo v. Bunting & Co. 
(1900) 7 Ida. 387; 63 Pac. 694; Che- 
mung Min. Co. v. Hanley (1905) 11 
Ida. 302; 81 Pac. 619; Dewey v. 
Schreiber Implement Co. (1906) 12 
Ida. 280; 85 Pac. 921; Dahlstrom v. 
The Portland Min. Co. (1906) 12 Ida. 
87; 85 Pac. 916; Eureka Min. etc. Co. 
v. Lewiston Nav. Co. (1906) 12 Ida. 
472; 86 Pac. 49. 

Appellate Jurisdiction: Where the 
statutes fail to provide for an appeal 
from a final judgment of the District 
Court, the Supreme Court will enter- 
tain a writ of error or other proper 
writ to bring such judgment before it 
for review. State v. Reed (1893) 3 
Ida. 554; 32 Pac. 202. 

This section does not give the State 
the right to appeal from a judgment 
in favor of the defendant in a crim- 
inal action, in the absence of a stat- 
ute authorizing such appeal. State v. 
Ridenabugh (1897) 5 Ida. 710; 51 Pac. 
750. 

The right of appeal in a criminal 
case is absolute and in no wise de- 
pendent upon the innocence or guiit 
of the defendant. In re Neil (1905) 
12 Ida. 749; 87 Pac. 881. 



For additional cases construing ap- 
pellate jurisdiction of the Supreme 
Court see note under Sec. 4807. 

Writs of Prohibition: This section, 
in providing for the issuance of writs 
of prohibition, contemplates the is- 
suance of such writs with the func- 
tions declared and defined under the 
existing territorial laws. Williams v. 
Lewis (1898) 6 Ida. 184; 54 Pac. 619. 
But this case was overruled and it 
was expressly held that the writ of 
prohibition authorized by the Consti- 
tution is a common law writ and 
will not lie to restrain purely minis- 
terial acts. Stein v. Morrison (1904) 
9 Ida. 426; 75 Pac. 246. 

Ancillary Jurisdiction: The Su- 
preme Court may allow attorneys' 
fees or suit money on appeal in a di- 
vorce case after the case has been 
filed in that court, when the same is 
necessary to the complete exercise of 
its appellate jurisdiction. Roby v. 
Roby (1903) 9 Ida. 371; 74 Pac. 957. 

The Supreme Court has power to 
appoint a receiver to act pending liti- 
gation. Chemung Mining Co. v. Han- 
ley (1905) 11 Ida. 302; 81 Pac. 619. 



Jurisdiction Over Claims Against the State. 

Sec. 10. The Supreme Court shall have original jurisdiction to 
hear claims against the State, but its decisions shall be merely recom- 
mendatory ; no process in the nature of execution shall issue thereon ; 
they shall be reported to the next session of the Legislature for its 
action. 



Cited: Payne v. St. Brd. Wag. Rd. 
Comrs. (1895) 4 Ida. 384; 39 Pac. 
548; Wis. Marine, etc. Co. v. State 
(1898) 5 Ida. 785; 51 Pac. 983; Geo. 
H. Fuller Desk Co. v. State (1898) 6 
Ida. 315; 55 Pac. 857. 

Proceedings: In proceedings to 
obtain a decision recommending the 
payment of a claim for constructing 
a State wagon road, where it appear- 
ed that the contract price was con- 
sumed in paying for the original con- 
struction of the road which was de- 
stroyed by high water prior to the 
acceptance of the road by the State, 
after which the contractors rebuilt 
the washed out portion, the court 
rendered a decision recommending 
the payment by the Legislature of the 
value of the contractors work. Win- 
ters v. State (1897) 5 Ida. 198; 47 
Pac. 855. 



The Supreme Court wil not hear 
any claims against the State until the 
same have been passed upon by the 
Board of Examiners. Pyke v. Steun- 
enberg (1897) 5 Ida. 614; 51 Pac. 
614. 

This section does not authorize an 
action to condemn State lands to a 
public use, but such an action is au- 
thorized by Rev. St. Sec. 5212 in 
conjunction with laws 1899, 381, Sec. 
13. Hollister v. State (1903) 9 Ida. 
8; 71 Pac. 541. 

The Supreme Court will not recom- 
mend to the Legislature the payment 
of a claim against the State, an ac- 
tion on which would be barred by 
the statute of limitations. Small v. 
State (1904) 10 Ida. 1; 76 Pac. 765. 



District Courts: Judges and Terms. 

Sec. 11. The State shall be divided into five judicial districts, for 
each of which a Judge shall be chosen by the qualified electors thereof, 
whose term of office shall be four years. And there shall be held 
a District Court in each county, at least twice in each year, to continue 
for such time in each county as may be prescribed by law; but the 
Legislature may reduce or increase the number of districts, District 



102 



CONSTITUTION OF IDAHO 



Judges, and District Attorneys. This section shall not be construed 
to prevent the holding of special terms under such regulations as may 
be provided by law. 

Cited: Heitman v. Morgan (1905) 
10 Ida. 562; 79 Pac. 225. 

Residence of Judges : Holding Court Out of District. 

Sec. 12. Every Judge of the District Court shall reside in the dis- 
trict for which he is elected. A Judge of any District Court may hold 
a District Court in any county at the request of the Judge of the Dis- 
trict Court thereof, and upon the request of the Governor it shall be 
his duty to do so ; but a cause in the District Court may be tried by a 
Judge pro tempore, who must be a member of the bar, agreed upon 
in writing by the parties litigant, or their attorneys of record, and 
sworn to try the cause. 



Cited: Gordon v. Conors (1897) 5 
Ida. 673; 51 Pac. 747. 

Judge Pro Tern: This section does 
not authorize the appointment of a 
non-resident as a judge pro tern. 
Bramwell v. Guheen (1892) 3 Ida. 
347; 29 Pac. 110. 

Disqualification of Judge: The 
fact that the judge is prejudiced 



against one of the parties, is not 
ground for a change of venue, but in 
such a case the Governor may direct 
another judge to preside, and the Su- 
preme Court would make the nec- 
essary order for the enforcement of 
the Governor's direction. (dis. op.) 
Day v. Day (1906) 12 Ida. 556; 86 
Pac. 531. 



Power of Legislature Respecting" Courts. 

Sec. 13. The Legislature shall have no power to deprive the judi- 
cial department of any power or jurisdiction which rightly pertains 
to it as a co-ordinate department of the government ; but the Legisla- 
ture shall provide a proper system of appeals, and regulate by law, 
when necessary, the methods of proceeding in the exercise of their 
powers of all the courts below the Supreme Court, so far as the same 
may be done without conflict with this Constitution. 

Special Courts in Cities and Towns. 

Sec. 14. The Legislature may provide for the establishment of 
special courts for the trial of misdemeanors in incorporated cities and 
towns where the same may be necessary. 

Clerk of Supreme Court. 

Sec. 15. The Clerk of the Supreme Court shall be appointed by 
the Court, and shall hold his office during the pleasure of the Court. 
He shall receive such compensation for his services as may be provided 
by law. 

Clerks of District Court. 

Sec. 16. The Clerk of the District Court for each county shall be 
elected by the qualified voters thereof at the time and in the manner 
prescribed by law for the election of members of the Legislature and 
shall hold his office for the term of four years. 



Cited: Hillard v. Shoshone 
(1891) 3 Ida. 103; 27 Pac. 678. 



Co. 



Salaries of Justices and Judges. 

Sec. 17. The salary of the Justices of the Supreme Court, until 



JUDICIAL DEPARTMENT 



103 



otherwise provided by the Legislature, shall be three thousand dollars 
each per annum, and the salary of the Judges of the District Court, 
until otherwise provided by the Legislature, shall be three thousand 
dollars each per annum, and no Justice of the Supreme Court or Judge 
of the District Court, shall be paid his salary, or any part thereof, un- 
less he shall have first 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 his consideration and determination, thirty 
days prior to taking and subscribing such oath. 

Prosecuting Attorneys. 

Sec. 18. A prosecuting attorney shall be elected for each organ- 
ized county in the State, by the qualified electors of such county, 
and shall hold office for the term of two years, and shall perform 
such duties as may be prescribed by law; he shall be a practicing 
attorney at law, and a resident and elector of the county for which 
he is elected. He shall receive as compensation for his services a sum 
not less than five hundred dollars per annum, nor more than fifteen 
hundred dollars per annum, to be fixed by the board of commissioners 
of the county at its regular session in July next preceding any general 
election, and to be paid in quarterly installments out of the county 
treasury. 



Senate Joint Resolution, approved 
March 5, 1895, (Laws 1895, 237) 
Ratified Nov. 3, 1906. 

The section prior, to amendment 
read as follows: 

Sec. 18. A District Attorney shall 
be elected for each judicial district 
by the qualified electors thereof, who 
shall hold office for the term of four 
years, and perform such duties as 
may be prescribed by law. He shall 
be a practicing- attorney at law and a 
resident and elector of the district. 
He shall receive as compensation, for 
his services twenty-five hundred dol- 
lars per annum. 

Cited: Meller v. Board of Com- 



missioners (1894) 4 Ida. 44; 35 Pac. 
712; Conger v. Board of Commis- 
sioners (1897) 5 Ida. 347; 48 Pac. 
1064; State v. McGann (1901) 8 Ida. 
40; 66 Pac. 823. 

Amendment: The amendment to 
this section substituting county prose- 
cuting attorneys for the district at- 
torneys was not self-executing, but 
required legislation to give it force 
and effect, and did not go into oper- 
ation until the time fixed by law for 
county officers to qualify and enter 
upon the discharge of their duties 
(Concur, op.) Hays v. Hays (1897) 
5 Ida. 154; 47 Pac. 732. 



Vacancies : How Filled. 

Sec. 19. All vacancies occurring in the offices provided for by this 
Article of the Constitution shall be filled as provided by law. 

Jurisdiction of District Court. 

Sec. 20. The District Court shall have original jurisdiction in all 
cases, both at law and in equity, and such appellate jurisdiction as 
may be conferred by law. 



Cited: Murphy v. Russell & Co. 
(1901) 8 Ida. 151; 67 Pac. 427; First 
National Bank of Hailey v. Glenn 
(1904) 10 Ida. 224; 77 Pac. 623; 
Dewey v. Schreiber Implement Co. 
(1906) 12 Ida. 280; 85 Pac. 921; 
Vane v. Jones (1907) 13 Ida. — ; 88 
Pac. 1058. 

Equitable Jurisdiction: Equitable 
jurisdiction exists and will be exer- 
cised in all cases and under all cir- 



cumstances where the remedy at law 
is not adequate, complete and cer- 
tain, so as to meet the requirements 
of justice. Coleman v. Jaggers (1906) 
12 Ida. 125; 85 Pac. 894. 

Concurrent Jurisdiction: The Dis- 
trict Court has concurrent original 
jurisdiction with justices' courts over 
actions for a violation of the two- 
mile limit law. Risse v. Collins 
(1906) 12 Ida. 689; 87 Pac. 1006. 



104 



CONSTITUTION OF IDAHO 



Jurisdiction of Probate Courts. 

Sec. 21. The probate courts shall be courts of record, and shall 
have original jurisdiction in all matters of probate, settlement of es- 
tates of deceased persons, and appointment of guardians; also juris- 
diction to hear and determine all civil cases wherein the debt or dam- 
age claimed does not exceed the sum of five hundred dollars, ex- 
clusive of interest, and concurrent jurisdiction with justices of the 
peace in criminal cases. 



Courts of Record — When: Probate 
courts are courts of record with orig- 
inal jurisdiction in all matters of pro- 
bate and settlement of estates, and 
their orders and judgments in regard 
to such matters cannot be collaterally 
attacked, and can only be reviewed 
by proper motion in such courts or 
by appeal from their decisions. 
(Overruling Ethol v. Nicholl, 1 Ida. 
741.) Clark v. Rossier (1904) 10 Ida. 
348; 78 Pac. 358. 

Probate courts are courts of record 
only in the exercise of their probate 



and administrative jurisdiction. 

Dewey v. Schreiber Implement Co. 
(1906) 12 Ida. 280; 85 Pac. 921. 

Jurisdiction: This section does not 
authorize the Legislature to extend 
the jurisdiction of probate courts to 
actions for the enforcement of me- 
chanics' and laborers' liens, mortgages 
and other liens upon real property; 
probate courts have no equity juris- 
diction except such as they may have 
in matters of probate, settlement of 
estates and appointment of guardians. 
lb. 



Jurisdiction of Justices of the Peace. 

Sec. 22. In each county of this State there shall be elected justices 
of the peace as prescribed by law. Justices of the peace shall have 
such jurisdiction as may be conferred by law, but they shall not 
have jurisdiction of any cause wherein the value of property of the 
amount in controversy exceeds the sum of three hundred dollars, ex- 
clusive of interest, nor where the boundaries or title to any real prop- 
erty shall be called in question. 



Cited: Johnston v. Savidge (1905) 
11 Ida. 204; 81 Pac. 616. 

Criminal Jurisdiction: Under Sec. 
9 of the Organic Act which provided, 
among other things, that justices of 
the peace should not have jurisdic- 
tion when the debt or sum claimed 
exceeds $100.00, it was held that the 
Legislature could not confer on jus- 
tices of the peace jurisdiction over an 
offense punishable by fine not ex- 
ceeding $500.00. People v. Maxon 
(1870) 1 Ida. 330. 



Civil Jurisdiction: This section 
does not extend the jurisdiction of 
justices to actions involving $300 ex- 
clusive of interest, in the face of Rev. 
Stat. Sec. 3851 which fixes the jur- 
isdiction at $300 inclusive of interest, 
but merely prohibits the Legislature 
from fixing the sum in excess of $300 
exclusive of interest. Quayle v. 
Glenn (1899) 6 Ida. 549; 57 Pac. 308. 



Qualifications of District Judges. 

Sec. 23. No person shall be eligible to the office of District Judge 
unless he be learned in the law, thirty years of age, and a citizen 
of the United States, and shall have resided in the State or Territory 
at least two years next preceding his election, nor unless he shall 
have been at the time of his election, an elector in the judicial dis- 
trict for which he is elected. 

Cited: Shepherd v. Grimmett 
(1892) 3 Ida. 403; 31 Pac. 793. 

Judicial Districts Enumerated. 

Sec. 24. Until otherwise provided by law, the judicial districts 
shall be five in number, and constituted of the following counties, viz : 



JUDICIAL DEPARTMENT 



105 



First district, Shoshone and Kootenai; second district, Latah, Nez 
Perce and Idaho; third district, Washington, Ada, Boise and Owyhee; 
fourth district, Cassia, Elmore, Logan and Alturas; fifth district, 
Bear Lake, Bingham, Oneida, Lemhi and Custer. 

Defects in Law to be Reported by Judges. 

Sec. 25. The Judges of the District Courts shall, on or before the 
first day of July of each year, report in writing to the Justices of the 
Supreme Court, such defects or omissions in the laws as their knowl- 
edge and experience may suggest, and the Justices of the Supreme 
Court shall, on or before the first day of December of each year, 
report in writing to the Governor, to be by him transmitted to the 
Legislature, together with his message, such defects and omissions 
in the Constitution and laws as they find to exist. 

Court Procedure to Be General and Uniform. 

Sec. 26. All laws relating to courts shall be general and of uni- 
form operation throughout the State, and the organized judicial pow- 
ers, proceedings, and practices of all the courts of the same class or 
grade, so far as regulated by law, and the force and effect of the pro- 
ceedings, judgments and decrees of such courts, severally, shall be 
uniform. 



Laws Relating to Courts: Laws 
1903, 223, providing- for the appro- 
priation, diversion and adjudication 
of the rights to the use of the waters 
of the State, and which contains cer- 
tain peculiar provisions as to the 
duties of the State Engineer, the ap- 
portionment of costs, the prepara- 
tion and use of maps as evidence, etc.. 
in proceedings for the adjudication of 
water rights, is not repugnant to this 
section. (Stockslager, J., dissents.) 
Boise Irr. etc. Co. v. Stewart (1904) 
10 Ida. 38; 77 Pac. 25, 321. 

Sec. 3 4 of Laws 1903, 2 23, relative 
to the distribution of water and ad- 
judication of water rights, which au- 
thorizes a suit for adjudication of 
water rights to be brought against 
"all claimants of a right to the use 
of the water" of the stream in ques- 



tion, without naming the defendants, 
or requiring any effort for personal 
service on such defendants as might 
be found, is repugnant to this section, 
Bear Lake Co. v. Budge (1904) 9 
Ida. 703; 75 Pac. 614. 

Laws 1903, 223, Sec. 35, which re- 
quires the costs and attorneys fees in 
a suit to adjudicate the waters of a 
stream, to be paid by the county, is 
repugnant to this section. lb. 

Laws 1903, 223, Sec. 36, which pro- 
vides that during the pendency of an 
action to adjudicate the waters of a 
stream, the use of the water shall be 
under the control of the Water Com- 
missioner and that he shall be au- 
thorized to issue all needful rules for 
the distribution of the water to the 
defendants, is repugnant to this sec- 
tion, lb. 



Change in Compensation of Officers. 

Sec. 27. The Legislature may by law diminish or increase the 
compensation of any or all of the following officers, to-wit : Governor, 
Lieutenant-Governor, Secretary of State, State Auditor, State Treas- 
urer, Attorney General, Superintendent of Public Instruction, Com- 
missioner of Immigration and Labor, Justices of the Supreme Court, 
and Judges of the District Courts and District Attorneys, but no 
diminution or increase shall affect the compensation of the officer 
then in office during his term. Provided, however, That the Legisla- 
ture may provide for the payment of actual and necessary expenses 
of the Governor, and the Secretary of State, Attorney General, and 
Superintendent of Public Instruction incurred while in performance, 
of official duty. 



106 



CONSTITUTION OF IDAHO 



ARTICLE 6. 
SUFFRAGE AND ELECTIONS. 



Section 

1. Secret ballot guaranteed. 

2. Qualifications of electors. 

3. Disqualification of certain per 
sons. 



Section 

4. Legislature may prescribe addi- 
tional qualifications. 

5. Residence for voting purposes 
not lost or gained. 



Secret Ballot Guaranteed. 

Sec. 1. All elections by the people must be by ballot. An abso- 
lutely secret ballot is hereby guaranteed, and it shall be the duty of 
the Legislature to enact such laws as shall carry this section into 
effect. 

Qualifications of Electors. 

Sec. 2. Except as in this article otherwise provided, every male 
or female citizen of the United States, twenty-one years old, who 
has actually resided in this State or Territory for six months, and in 
the county where he or she offers to vote, thirty days next preceding 
the day of election, if registered as provided by law, is a qualified 
elector; and until otherwise provided by the Legislature, women who 
have the qualifications prescribed in this article may continue to 
hold such school offices and vote at such school elections as provided 
by the laws of Idaho Territory. 



Senate Joint Resolution, approved 
Jan. 21, 1895, (Laws 1895, 232). Rati- 
fied Nov. 3, 1896. 

The section prior to amendment 
read as follows: 

Sec. 2. Except as in this article 
otherwise provided, every male citi- 
zen of the United States, twenty-one 
years old, who has actually resided 
in the State or Territory for six 
months, and in the county where he 
offers to vote, thirty days next pre- 
ceding the day of election, if regis- 
tered as provided by law, is a quali- 
fied elector; and until otherwise pro- 
vided by the Legislature, women who 
have the qualifications prescribed in 
this article, may continue to hold 
such school offices and vote at such 
school elections as provided by the 
laws of Idaho Territory. 

Cited: Powell v. Spackman (1901) 
7 Ida. 693; 65 Pac. 503. 

Registration Unnecessary: Regis- 
tration is not a substantive qualifi- 
cation of an elector in this State. Reg- 
istration is intended only as a regula- 
tion of the exercise of the right of 



suffrage and not as a qualification 
for such right. The terms "elector" 
and "qualified elector" are used in- 
terchangeably, and an elector is a 
qualified elector. (Quarles, J., dis- 
sents.) Wilson v. Bartiett (1900) 7 
Ida. 271; 62 Pac. 416. 

Bond Elections: This section only 
prescribes the qualifications of a 
voter at a general election, and is 
not infringed by a provision of a 
municipal charter imposing a prop- 
erty qualification on the right to vote 
on the question of incurring a munic- 
ipal indebtedness. Wiggin v. City of 
Lewiston (1902) 8 Ida. 527; 69 Pac. 
286. 

Disqualifications: No disqualifica- 
tion to hold office on account of sex 
which may exist under this section, 
can be raised in a" proceeding, insti- 
tuted after the wrongful removal of 
the officer, to compel her to deliver 
the papers of the office to her alleged 
successor. Village of Kendrick v. 
Nelson (1907) 13 Ida. — ; 89 Pac. 
755. 



Disqualification of Certain Persons. 

Sec. 3. No person is permitted to vote, serve as a juror, or hold 
any civil office who is under guardianship, idiotic or insane, or who 
has, at any place, been convicted of treason, felony, embezzlement of 
the public funds, bartering or selling, or offering to barter or sell his 



SUFFRAGE AND ELECTIONS 



107 



vote, or purchasing or offering to purchase the vote of another, or 
other infamous crime, and who has not been restored to the rights 
of citizenship, or who, at the time of such election, is confined in 
prison on conviction of a criminal offense, or who is a bigamist, or 
polygamist, or is living in what is known as patriarchal, plural or 
celestial marriage, or in violation of any law of this State, or of the 
United States, forbidding any such crime; or who, in any manner, 
teaches, advises, counsels, aids, or encourages any person to 
enter into bigamy, polygamy, or such patriarchal, plural, or celestial 
marriage, or to live in violation of any such law, or to commit any 
such crime ; or who is a member of or contributes to the support, aid, 
or encouragement of any order, organization, association, corporation 
or society, which teaches, advises, counsels, encourages, or aids any 
person to enter into bigamy, polygamy, or such patriarchal, plural 
or celestial marriage, or which teaches or advises that the laws of 
this State prescribing rules of civil conduct, are not the supreme law 
of the State ; nor shall Chinese, or persons of Mongolian descent, not 
born in the United States, nor Indians not taxed, who have not sev- 
ered their tribal relations and adopted the habits of civilization, either 
vote, serve as jurors, or hold any civil office. 



Cited: Powell v. Spackman (1901) 
7 Ida. 693; 65 Pac. 503. 

Requirement of Test Oath: This 
section is not violated by the act of 
February 25, 1891, prescribing a test 



oath containing- conditions of suf- 
frage additional to those prescribed 
by this section. Shepherd v. Grim- 
mett (1892) 3 Ida. 403; 31 Pac. 793. 



Legislature May Prescribe Additional Qualifications. 

Sec. 4. The Legislature may prescribe qualifications, limitations, 
and conditions for the right of suffrage additional to those prescribed 
in this article, but shall never annul any of the provisions in this 
article contained. 



Cited: Powell v. Spackman (1901) 
7 Ida. 693; 65 Pac. 503. 

Requirement of Test Oath: This 
section authorizes the Legislature to 
prescribe a test oath as a condition 
of suffrage, embracing clauses addi- 
tional to those contained in Section 
3 of this article. Shepherd v. Grim- 
mett (1892) 3 Ida. 408; 31 Pac. 793. 



Property Qualifications: This sec- 
tion is sufficiently broad to empower 
the Legislature to prescribe property 
qualifications on the right to vote in 
elections to create an indebtedness. 
Wiggin v. City of Lewiston (1902) 8 
Ida. 527; 69 Pac. 286. 



Residence for Voting Purposes Not Lost or Gained. 

Sec. 5. For the purpose of voting, no person shall be deemed to 
have gained or lost a residence by reason of his presence or absence 
while employed in the service of this State, or of the United States, 
nor while engaged in the navigation of the waters of this State or 
of the United States, nor while a student of any institution of learn- 
ing, nor while kept at any alms house or other asylum at the public 
expense. 



Inmates of Soliders' Home: Under 
the provisions of this section, inmates 
of the Soldiers' Home cannot acquire 
by reason of their presence in such 
Soldiers' Home, and while kept at 



public expense, the right to vote in 
the county and precinct in which 
such institution is located. (Sullivan, 
J., dissents). Powell v. Spackman 
(1901) 7 Ida. 693; 65 Pac. 503. 



108 



CONSTITUTION OF IDAHO 



ARTICLE 7. 
FINANCE AND REVENUE, 



Section 

1. Fiscal year. 

Revenue to be provided by taxa- 
tion. 

Property to be denned and 
classified. 

Public property exempt from 
taxation. 

Taxes to be uniform: Exemp- 
tions. 

Municipal corporations to im- 
pose their own taxes. 

State taxes to be paid in full. 

Corporate property must be 
taxed. 



Section 
9. Maximum rate of taxation. 

10. Making- profit from public money 
prohibited. 

11. Expenditure not to exceed ap- 
propriation. 

12. State Board of Equalization. 

13. Money: How drawn from treas- 
ury. 

14. Same: How drawn from county 
treasury. 

15. Legislature to provide system of 
county finance. 

16. Legislature to pass necessary 
laws. 



Fiscal Year. 

Sec. 1. The fiscal year shall commence on the second Monday of 
January in each year, unless otherwise provided by law. 

Revenue to be Provided by Taxation. 

Sec. 2. The Legislature shall provide such revenue as may be need- 
ful, by levying a tax by valuation, so that every person or corporation 
shall pay a tax in proportion to the value of his, her, or its property, 
except as in this article herein otherwise provided. The Legislature 
may also impose a license tax (both upon natural persons and upon 
corporations, other than municipal, doing business in this State) ; also 
a percapita tax: Provided, The Legislature may exempt a limited 
amount of improvements upon land from taxation. 



Cited: State v. Doherty (1892) 3 Ida. 
384; 29 Pac. 855; Stein v. Morrison 

(1904) 9 Ida. 426; 75 Pac. 246; State 
v. Jones (1904) 9 Ida. 693; 75 Pac. 
819; Humbird Lbr. Co. v. Thompson 

(1905) 11 Ida. 614; 83 Pac. 941. 



License Tax: The license tax au- 
thorized by this section is not re- 
stricted to the single purpose of rais- 
ing revenue. State v. Union etc. Ins. 
Co. (1902) 8 Ida. 240; 67 Pac. 647. 



Property to be Denned and Classified. 

Sec. 3. The word "property" as herein used shall be defined and 
classified by law. 

Public Property Exempt from Taxation. 

Sec. 4. The property of the United States, the State, counties, 
towns, cities and other municipal corporations and public libraries 
shall be exempt from taxation. 

Taxes to be Uniform: Exemptions. 

Sec. 5. All taxes shall be uniform upon the same class of subjects 
within the territorial limits, of the authority levying the tax, and 
shall be levied and collected under general laws, which shall prescribe 
such regulations as shall secure a just valuation for taxation of all 
property, real and personal : Provided, That the Legislature may 
allow such exemptions from time to time as shall seem necessary 
and just, and all existing exemptions provided by the laws of the 
territory, shall continue until changed by the Legislature of the State ; 



FINANCE AND REVENUE 



109 



Provided, further, That duplicate taxation of property for the same 
purpose during the same year, is hereby prohibited. 



Cited: Salisbury v. Lane (1900) 7 
Ida. 370; 63 Pac. 383; Humbird Lbr. 
Co. v. Thompson (1905) 11 Ida. 614; 
83 Pac. 941. 

Provision Self -Acting: The con- 
stitutional requirement of uniformity 
of taxation is self-acting, and applies 
to all officers and boards that have 
anything - to do with the levy and 
assessment of taxes. Orr v. State 
Board of Equalization (1891) 3 Ida. 
190; 28 Pac. 416. 

License Taxes: A graduated license 
tax imposed on the liquor traffic 
does not violate the requirement of 
equality of taxation imposed by this 
section. State v. Doherty (1892) 3 
Ida. 384; 29 Pac. 855. 

Double Taxation: It is not double 
taxation to levy a tax on billiard 
tables according to their value, and 



at the same time to require the pro- 
prietor thereof to pay a license tax 
under Rev. Stat. Sec. 1645. State 
v. Jones (1904) 9 Ida. 693; 75 Pac. 
819. 

The prohibition of double taxation 
contained in this section is directed 
against the taxing of the same prop- 
erty twice during the same year for 
the same purpose, while other like 
and similar property is taxed only 
once during the same period for that 
purpose. It does not extend to pre- 
vent a special levy, for road purposes 
only, under Laws 1901, 78, on all 
property of the county, although such 
property is also taxed in the general 
levy for the road funds of the county. 
Humbird Lumber Co. v. Kootenai Co. 
(1904) 10 Ida. 490; 79 Pac. 396. 



Municipal Corporations to Impose Their Own Taxes. 

Sec. 6. The Legislature shall not impose taxes for the purpose 
of any county, city, town or other municipal corporation, but may by 
law invest in the corporate authorities thereof, respectively, the power 
to assess and collect taxes for all purposes of such corporation. 



Cited: City of Genesee v. Latah 
Co. (1894) 4 Ida. 141; 36 Pac. 701; 
McConnell v. State Bd. etc. (1905) 
11 Ida. 652; 83 Pac. 494. 

Application — License Taxes: This 
section relates to taxes properly 
speaking, and does not apply to 
license taxes so as to render uncon- 
stitutional Rev. St., Sec. 1644 which 
imposes license taxes the proceeds 
of which may be retained for the use 
of the county in which they are col- 



lected. State v. Union etc. Ins. Co. 
(1902) 8 Ida. 240; 67 Pac. 647. 

Special Taxes: This section does 
not prohibit the Legislature from au- 
thorizing and requiring the county 
commissioners to levy a special ad 
valorem tax for the purpose of liq- 
uidating the existing indebtedness of 
the counties to the State. Gooding 
v. Proffitt (1905) 11 Ida. 380; 83 Pac. 
230. 



State Taxes to be Paid in Full. 

Sec. 7. All taxes levied for State purposes shall be paid into the 
State Treasury, and no county, city, town, or other municipal corpora- 
tion, the inhabitants thereof, nor the property therein, shall be re- 
leased or discharged from their or its proportionate share of taxes to 
be levied for State purposes. 



Cited: State v. Ada Co. (1900) 7 
Ida. 261; 62 Pac. 457. 

Provision Self- Acting-: This sec- 
tion of the constitution is self-acting 
and goes into effect without any leg- 
islation. Cunningham v. Moody 
(1891) 3 Ida. 125; 35 Am. St. Rep. 
269; 28 Pac. 395. 



Payment of Taxes to State: All 

taxes collected for state purposes 
must be paid into the State Treasury 
without any deduction for fees or 
commissions for collecting the same. 
Guheen v. Curtis (1892) 3 Ida. 443; 
31 Pac. 805. 



Corporate Property Must be Taxed. 

Sec. 8. The power to tax corporations or corporate property, both 
real and personal, shall never be relinquished or suspended, and all 
corporations in this State or doing business therein, shall be subject 
to taxation for State, county, school, municipal, and other purposes, 
on real and personal property owned or used by them, and not by 



110 



CONSTITUTION OF IDAHO 



this Constitution exempted from taxation within the territorial limits 
of the authority levying the tax. 

Cited: Guheen v. Curtis (18 92) 3 
Ida. 443; 31 Pac. 805. 

Maximum Rate of Taxation. 

Sec. 9. The rate of taxation of real and personal property for State 
purposes shall never exceed ten (10) mills on each dollar of assessed 
valuation, unless a proposition to increase such rate, specifying the 
rate proposed and the time during which the same shall be levied, shall 
have been submitted to the people at a general election, and shall 
have received a majority of all the votes cast for and against it at 
such election. 



Senate Joint Resolution, passed 
March 2, 1905. (Laws 1905, 441). 
Ratified Nov. 6, 1906. 

The section prior to amendment 
read as follows: 

Sec. 9. The rate of taxation of real 
and personal property for State pur- 
poses shall never exceed ten (10) 
mills on each dollar of assessed valua- 
tion; and if the taxable property in 
the State shall amount to fifty million 
(50,000,000) dollars the rate shall not 
exceed five (5) mills on each dollar 
of valuation; and whenever the tax- 
able property in the State shall 
amount to one hundred million (100,- 
000,000) dollars, the rate shall not ex- 
ceed three (3) mills on each dollar 
of valuation; and whenever the tax- 
able property of the State shall 
amount to three hundred million 
(300,000,000) dollars the rate shall 
never thereafter exceed one and one- 
half (1%) mills on each dollar of 
valuation, unless a proposition to in- 



crease such rate, specifying the rate 
proposed and the time during which 
the same shall be levied, shall have 
been submitted to the people at a 
general election, and shall have re- 
ceived a majority of all the votes cast 
for and against it at such election. 

Cited: (Concur, op.) Green v. 
State Board Canvassers (1896) 5 Ida. 
130; 47 Pac. 259. 

Limit of Taxation: The tax levy 

for state purposes is intended to cover 
the current and running expenses of 
maintaining and conducting the State 
Government and the operation and 
maintenance of the State institutions, 
and the maximum limit of taxation 
specified hereby does not include an 
additional levy for the purpose of pay- 
ing the interest on, and providing a 
sinking fund for, the public or bonded 
indebtedness of the State incurred un- 
der Sec. 1 of Art. 8 of the Constitu- 
tion. Gooding v. Proffit (1905) 11 
Ida. 380; 83 Pac. 230. 



Making Profit from Public Money Prohibited. 

Sec. 10. The making of profit, directly or indirectly, out of State, 
county, city, town, township, or school district money, or using the 
same for any purpose not authorized by law, by any public officer, 
shall be deemed a felony, and shall be punished as provided by law. 

Expenditure Not to Exceed Appropriation. 

Sec. 11. No appropriation shall be made, nor any expenditure au- 
thorized by the Legislature, whereby the expenditure of the State 
during any fiscal year shall exceed the total tax then provided by law, 
and applicable to such appropriation or expenditure, unless the leg- 
islature making such appropriation shall provide for levying a suffi- 
cient tax, not exceeding the rates allowed in section nine (9) of this 
article, to pay such appropriation or expenditure within such fiscal 
year. This provision shall not apply to appropriations or expendi- 
tures to suppress insurrection, defend the State, or assist in defend- 
ing the United States in time of war. 



Cited: Gooding v. Proffit (1905) 
11 Ida. 380; 83 Pac. 230. 



Excessive Appropriation Bill: The 

fact that an appropriation bill passed 



FINANCE AND REVENUE 



111 



by the Legislature, appropriates 
money in excess of the general tax lev- 
ied to cover the appropriation, does 
not render the appropriation repug- 
nant to this section, in the absence 
of a showing that the estimated reve- 



nue to be derived from the State from 
other sources, such as license and per 
capita taxes and fees of officers, will 
be insufficient to make up the defi- 
ciency. Stein v. Morrison (1904) 9 
Ida. 426; 75 Pac. 246. 



State Board of Equalization. 

Sec. 12. There shall be a State Board of Equalization, consisting 
of the Governor, Secretary of State, Attorney General, State Auditor, 
and State Treasurer, whose duties shall be prescribed by law. The 
board of county commissioners for the several counties of the State, 
shall constitute boards of equalization for their respective counties, 
whose duties it shall be to equalize the valuation of the taxable prop- 
erty in the county, under such rules and regulations as shall be pre- 
scribed by law. 



Assessment of Omitted Property: 

This section is not infringed by Rev. 
St., Sec. 1483, as amended by Laws 
1899, 454, which authorizes the Board 
of Equalization to require the assessor 
to assess any taxable property that 
has escaped assessment; increase val- 
uations, or add to the amount, num- 
ber, quantity or value of property. 
Murphy v. Board of Equalization 
(1899) 6 Ida. 745; 59 Pac. 715. 



Nature of Board: The board of 
county commissioners when sitting as 
a Board of Equalization, is a distinct 
body, with distinct duties and func- 
tions, and its orders made while sit- 
ting as such board are not subject to 
the provisions of statutes authorizing 
appeals from the board of county 
commissioners. Feltham v. Board of 
Commrs. (1904) 10 Ida. 182; 77 Pac. 
332. 



Money: How Drawn from Treasury. 

Sec. 13. No money shall be drawn from the treasury, but in pur- 
suance of appropriations made by law. 



Necessity of Appropriation: An 

attorney employed by the State Audi- 
tor pursuant to Rev. St., Sec. 1685, 
which authorizes such employment 
and provides that the expense must 
be paid out of the State Treasury, is 
not entitled to a warrant in payment 
for his services until an appropriation 
la made therefor. Kingsbury v. An- 
derson (1898) 5 Ida. 771; 51 Pac. 
744 

While the Board of Examiners may 
ailov a claim which they find to be 



correct, yet no warrant can issue 
therefor until the Legislature makes 
an appropriation to cover the same. 
Kroutinger v. Board of Examiners 
(1902) 8 Ida. 463; 69 Pac. 279. 

Where an act creating an office 
fixes the compensation of the officer 
and time of payment, and authorizes 
the comptroller to draw his warrant 
to pay the same when due, no further 
appropriation is required. Gilbert v. 
Moody (1891) 3 Ida. 3; 25 Pac. 1092. 



Same: How Drawn from County Treasuries. 

Sec. 14. No money shall be drawn from the county treasuries ex- 
cept upon the warrant of a duly authorized officer, in such manner and 
form as shall be prescribed by the Legislature. 

Legislature to Provide System of County Finance. 

Sec. 15. The Legislature shall provide by law, such a system of 
county finance, as shall cause the business of the several counties to 
be conducted on a cash basis. It shall also provide that whenever any 
county shall have any warrants outstanding and unpaid, for the 
payment of which there are no funds in the county treasury, the 
county commissioners, in addition to other taxes provided by law, 
shall levy a special tax, not to exceed ten (10) mills on the dollar, of 
taxable property, as shown by the last preceding assessment, for the 
creation of a special fund for the redemption of said warrants; and 



Vol 1 — 5 



112 



CONSTITUTION OF IDAHO 



after the levy of such special tax, all warrants issued before such 
levy, shall be paid exclusively out of said fund. All moneys in the 
county treasury at the end of each fiscal year, not needed for current 
expenses, shall be transferred to said redemption fund. 



Funding; Bonds Not Prohibited: 

This section, in requiring- the business 
of counties to be conducted on a cash 
basis, does not preclude the Legisla- 
ture from authorizing counties to is- 



sue bonds for the purpose of taking 
up outstanding warrants and refund- 
ing bonds already issued. Bannock 
Co. v Bunting (1894) 4 Ida. 156; 37 

Pac. 277. 



Legislature to Pass Necessary Laws. 

Sec. 16. The Legislature shall pass all laws necessary to carry out 
the provisions of this article. 

ARTICLE 8. 

PUBLIC INDEBTEDNESS AND SUBSIDIES. 



Section 

3. Limitations on county and mu- 
nicipal indebtedness. 

4. County, etc., not to loan or give 
its credit. 



Sec tion 

1. Limitations on public indebted- 
ness. 

2. Credit of State shall not be given 
or loaned. 

Limitation on Public Indebtedness. 

Sec. 1. The Legislature shall not in any manner create any debt 
or debts, liability or liabilities, which shall singly or in the aggregate, 
exclusive of the debt of the Territory at the date of its admission as a 
state, exceed the sum of one and one-half per centum upon the assess- 
ed value of the taxable property in the State, except in case of war 
to repel an invasion or suppress insurrection, unless the same shall 
be authorized by law for some single object or work to be distinctly 
specified therein, which law shall provide ways and means, exclusive 
of loans, for the payment of the interest of such debt or liability, as it 
falls due; and also for the payment and discharge of the principal 
of such debt or liability, within twenty years of the time of the con- 
tracting thereof, and shall be irrepealable until the principal and in- 
terest thereon shall be paid and discharged; but no such law shall 
take effect until at a general election it shall have been submitted 
to the people, and shall have received a majority of all the votes cast 
for and against it at such election; and all moneys raised by the 
authority of such law, shall be applied only to the specified object 
therein stated, or to the payment of the debt thereby created, and such 
law shall be published in at least one newspaper in each county, or 
city and county, if one be published therein, throughout the State, 
for three months next preceding the election at which it is submitted 
to the people. The Legislature may, at any time after the approval 
of such law, by the people, if no debt shall have been contracted in 
the pursuance thereof, repeal the same. 



Cited: (Concur, op.) Green v. State 
Board of Canvassers (1896) 5 Ida. 
130: 47 Pac. 259; Gooding v. Proffitt 
(1905) 11 Ida. 380; 83 Pac. 230. 

Application: The article of which 
this section is a part, provides for the 
general subject of State indebtedness 



to be incurred for such objects as the 
erection of public buildings, the meet- 
ing of extraordinary expenses, such 
as may be incurred in case of war, 
etc., and does not apply to the ordi- 
nary current expenses of the State 
which are provided for in Art. 7. 



PUBLIC INDEBTEDNESS AND SUBSIDIES 



113 



Stein v. Morrison (1904) 9 Ida 426; 
75 Pac. 246. 

Excessive Appropriation Bill: The 

fact that the general appropriation 
bili covering the expenses of the State 



for the next two years, provides for 
expenditures in excess of the revenue 
provided for by the general tax levy, 
does not create a debt within the 
meaning of this section. lb. 



Credit of State Shall Not be Given or Loaned. 

Sec. 2. The credit of the State shall not, in any manner, be given, 
or loaned to, or in aid of any individual, association, municipality or 
corporation ; nor shall the State directly or indirectly, become a stock- 
holder in any association or corporation. 

Limitations on County and Municipal Indebtedness. 

Sec. 3. No county, city, town, township, board of education, or 
school district, or other subdivision of the State shall incur any in- 
debtedness, or liability in any manner, or for any purpose, exceed- 
ing in that year, the income and revenue provided for it for such 
year, without the assent of two-thirds of the qualified electors thereof, 
voting at an election to be held for that purpose, nor unless, before 
or at the time of incurring such indebtedness, provision shall be made 
for the collection of an annual tax sufficient to pay the interest on 
such indebtedness as it falls due, and also to constitute a sinking 
fund for the payment of the principal thereof, within twenty years 
from the time of contracting the same. Any indebtedness or liability 
incurred contrary to this provision shall be void : Provided, That this 
section shall not be construed to apply to the ordinary and necessary 
expenses authorized by the general laws of the State. 



Cited: (Concur, op.) Green v. State 
Board of Canvassers (1896) 5 Ida. 130, 
47 Pac. 25 9; Andrews v. Board 
Commrs. Ada Co. (1900) 7 Ida. 453; 
63 Fac. 592. 

Object of Section: The object and 
purpose of this provision is to main- 
tain the credit of the State and coun- 
ties by keeping them upon a cash 
ba'sis. Co. of Ada v. Bullen Bridge 
Co. (1896) 5 Ida. 79; 47 Pac. 818; 
Ball v. Bannock Co. (1897) 5 Ida. 
602: 51 Pac. 454. 

Provisions Mandatory: The au- 
thority of boards of county commis- 
sioners in creating debts is limited by 
the Constitution and statutes of the 
State, and must be exercised within 
those limits, and at least with a sub- 
stantial compliance with the mode 
prescribed; the provisions of the Con- 
stitution are mandatory and must be 
complied with. Dunbar v. Commrs. 
(1897) 5 Ida. 407; 49 Pac. 409. 

Prohibited Indebtedness: County 
commissioners cannot incur a debt 
for a court house site without sub- 
mitting the question to a popular 
vote. Bannock Co. v. Bunting (1894) 
4 Ida. 156; 37 Pac. 277. The issu- 
'inr-e of funding bonds which increase 
the county indebtedness is within the 
prohibitions of this section. lb. Mu- 
nicipal indebtedness incurred during 
a given fiscal year, cannot be paid out 
c f the income or revenue of a future 
jear, unless such revenue is especially 



raised for the payment of such in- 
debtedness. Theiss v. Hunter (1896) 
4 Ida. 788; 45 Pac. 2. The construc- 
tion of a bridge involving an expendi- 
ture equal to more than half of the 
rovenue of a county for the year, is 
an extraordinary expense. Co, of Ada 
v. Bullen Bridge Co. (1896) 5 Ida. 79; 
47 Pac. 818. The building of a bridge 
and the payment of scalp bounties are 
extraordinary expenses. Dunbar v. 
Board of Commrs. (1897) 5 Ida. 407; 
49 Pac. 409; Gillette-Herzog Mfg. Co. 
v. Canyon Co. (1898) 85 Fed. Rep. 
3 96. The issuance of county warrants 
in excess of the county's revenue, for 
the construction of a wagon road is 
unauthorized except by a compliance 
with this section. McNutt v. Lemhi 
Co. (1906) 12 Ida. 63; 84 Pac. 1054. 

Same — Necessity of Expenditure: 

Expenditures made in excess of the 
revenue of any current year must not 
on,y be for ordinary expenses, such 
as are usual to the maintenance of the 
county government, the conduct of 
necessary business, and the protection 
of its property, but there must exist 
a necessity for making the expendi- 
ture during such year. Dunbar v. 
Board of Commrs. (1897) 5 Ida. 407; 
49 Pac. 409. 

Indebtedness not Prohibited: The 

provisions of this section apply only 
to a debt contracted for an extraordi- 
nary expense in excess of the revenue 
provided for the year; it does not pro- 



114 



CONSTITUTION OF IDAHO 



hibit the purchase of real estate for 
a court house, where the cost will not 
create an indebtedness in excess of 
the current revenue after deducting 
the indebtedness incurred by the 
county up to the time of the purchase. 
Ball v. Bannock Co. (1897) 5 Ida. 
602; 51 Pac. 454. 

The provisions of this section au- 
thorize the issuance of municipal 
bonds to take up the outstanding in- 
debtedness of the city incurred for 
the current pay of officers and the 
ordinary expenses of the city. Butler 
v. Citv of Lewiston (1905) 11 Ida. 
393; 83 Pac. 234. 

Municipal obligations, such as for 
the construction of sewers, required 
to be paid out of special assessments 
levied against property particularly 
benefited, are not an indebtedness or 
liability within the meaning of this 
section, and may be incurred, when 
the statute so provides, without sub- 
mission of the question to popular 
vote. McGilvery v. City of Lewiston 
(1907) 13 Ida. — ; 90 Pac. 348. 

Provision for Sinking Fund: Rev. 
Stat., Sec. 3602, as amended by 
Laws 1891, 200, which, in providing 
for the funding of county indebted- 
ness, requires the commissioners to 
levy a sufficient tax to pay the interest 
on the funding bonds, and, at least 
one year before the bonds become due, 
to levy a sufficient additional sum to 
pay the same, authorizes adequate 
provisions for paying the interest on 
the bonds and for the creation of a 
sinking fund for their redemption, 
sufficiently to comply with this section. 
Bannock Co. v. Bunting (1894) 4 Ida. 
156; 37 Pac. 277. 

Where the city council provided by 
ordinance for the levy of an annual 
tax for the payment of all interest to 



accrue on funding bonds about to be 
issued, and also by such ordinance 
provided for the levy of an annual tax 
after the year 1909 to constitute a 
sinking fund for the payment of the 
principal of such bonds, the provisions 
of this section are complied with, and 
bonds issued under such ordinance are 
valid. Boise City v. Union Bank & 
Trust Co. (1900) 7 Ida. 342; 63 Pac. 
107. 

Effect of Violation: Warrants is- 
sued in violation of this provision are 
void, Co. of Ada v. Bullen Bridge Co. 
(1896) 5 Ida. 79; 47 Pac. 818. 

A debt created in contravention of 
the provisions of this section cannot 
be changed into the form of a nego- 
tiable instrument and thus defeat the 
object of the Constitution. Dunbar v. 
Board Commrs. (1897) 5 Ida. 407; 49 
Pac. 409. 

Where an extraordinary indebted- 
ness is incurred by a county without 
complying with this section, the act of 
the county in thereafter issuing bonds 
sufficient to cover such indebtedness 
and all other indebtedness of the 
county, does not constitute a ratifica- 
tion of the unlawful indebtedness such 
as to render the same enforceable 
against the county. McNutt v. Lemhi 
Co. (1906) 12 Ida. 63; 84 Pac. 1054. 

Bond Elections — Suffrage: This pro- 
vision of the Constitution which re- 
quires the assent of two-thirds of the 
qualified electors in the incurrence of 
a municipal debt, and prescribes no 
property qualifications as to such elec- 
tors, is not infringed by a provision of 
a municipal charter which requires the 
assent of two-thirds of the qualified 
electors who are taxpayers to the in- 
currence of such a debt. Wiggin v. 
Citv of Lewiston (1902) 3 Ida. 527; 
69 Pac. 286. 



County, etc., not to Loan or Give Its Credit. 

Sec. 4. No county, city, town, township, board of education, or 
school district, or other subdivision, shall lend, or pledge the credit 
or faith thereof directly or indirectly, in any manner, to, or in aid 
of any individual, association or incorporation, for any amount or for 
any purpose whatever, or become responsible for any debt, contract 
or liability of any individual, association or corporation in or out of 
this State. 

ARTICLE 9. 
EDUCATION AND SCHOOL LANDS 



Section 

1. Legislature to establish system 
of free schools. 

2. Board of education. 

3. Public school fund to remain in- 
tact. 

4. Public school fund defined. 



Section 

5. Sectarian appropriations pro- 
hibited. 

6. Religious test and teaching in 
schools prohibited. 

7. State Board of Land Commis- 
sioners. 



EDUCATION AND SCHOOL LANDS 



115 



Location and disposition of pub- 
lic lands. 

Compulsory attendance on 

schools. 



10. State University; 
gents and lands. 

11. Loaning educational funds 



Location, re- 



Legislature to Establish System of Free Schools. 

Sec. 1. The stability of a Republican form of government depend- 
ing mainly upon the intelligence of the people, it shall be the duty 
of the Legislature of Idaho, to establish and maintain a general uni- 
form and thorough system of public, free common schools. 

/^ Board of Education. 
[/ Sec. 2. The general supervision of the public schools of the State 
shall be vested in a Board of Education, whose powers and duties shall 
be prescribed by law; the Superintendent of Public Instruction, the 
Secretary of State and Attorney General, shall constitute the Board, 
of which the Superintendent of Public Instruction shall be president. 

Public School Fund to Remain Intact. 

Sec. 3. The public school fund of the State shall forever remain 
inviolate and intact; the interest thereon only shall be expended in 
the maintenance of the schools of the State, and shall be distributed 
among the several counties and school districts of the State in such 
a manner as may be prescribed by law. No part of this fund, princi- 
pal and interest, shall ever be transferred to any other fund, or used 
or appropriated except as herein provided. The State Treasurer shall 
be the custodian of this fund, and the same shall be securely and 
profitably invested as may be by law directed. The State shall supply 
all losses thereof that may in any manner occur. 



otherwise than as provided by the 
Constitution, and any law enacted by 
the Legislature diverting such funds 
for purposes other than those speci- 
fied by the Constitution, would be 
unconstitutional. State v. Fitzpat- 
rick (1897) 5 Ida. 499; 51 Pac. 112. 



Diversion of School Fund: No part 
of the permanent school fund of the 
State can be expended in the pay- 
ment of forfeitures imposed by the 
statute law of the State. The Con- 
stitution expressly prohibits the Leg- 
islature from enacting a law that 
would divert one dollar of such fund 

Public School Fund Denned. 

Sec. 4. The public school fund of the State shall consist of the 
proceeds of such lands as have heretofore been granted, or may here- 
after be granted, to the State by the general government, known as 
school lands, and those granted in lieu of such; lands acquired by 
gift or grant from any person or corporation, under any law or grant 
of the general government, and of all other grants of land or money 
made to the State from the general government for general educa- 
tional purposes, or where no other special purpose is indicated in such 
grant ; all estates or distributive shares of estates that may escheat to 
the State; all unclaimed shares and dividends of any corporation in- 
corporated under the laws of the State; and all other grants, gifts, 
devises, or bequests made to the State for general educational pur- 
poses. 



Proceeds of Lands: Under this 
section, together with Sec. 5 and 8 of 
the Admission Bill, the interest or in- 



come from the proceeds of the sale of 
University lands can only be used in 
the support and maintenance of the 



116 



CONSTITUTION OF IDAHO 



University, and in the payment of the 
current expenses thereof and the 
charges for conducting the same, and 
cannot be used for the erection or 



equipment of University buildings. 
Roach v. Gooding (1905) 11 Ida. 244; 
81 Pac. 642. 



Sectarian Appropriations Prohibited. 

Sec. 5. Neither the Legislature, nor any county, city, town, town- 
ship, school district, or other public corporation, shall ever make 
any appropriation, or pay from any public fund or moneys what- 
ever, anything in the aid of any church or sectarian, or religious 
society, or for any sectarian or religious purpose, or to help support 
or sustain any school, academy, seminary, college, university or other 
literary or scientific institution, controlled by any church or sectarian 
or religious denomination whatsoever; nor shall any grant or dona- 
tion of land, money or other personal property ever be made by the 
State, or any such public corporation, to any church or for any sec- 
tarian or religious purpose. 

Religious Test and Teaching in School Prohibited. 

Sec. 6. No religious test or qualification shall ever be required 
of any person as a condition of admission into any public educa- 
tional institution of the State, either as a teacher or student ; and no 
teacher or student of any such institution shall ever be required to at- 
tend or participate in any religious service whatever. No sectarian or 
religious tenets or doctrines shall ever be taught in the public schools, 
nor shall any distinction or classification of pupils be made on account 
of race or color. No books, papers, tracts or documents of a political, 
sectarian or denominational character shall be used or introduced 
in any schools established under the provisions of this article, nor 
shall any teacher or any district receive any of the public school 
moneys in which the schools have not been taught in accordance with 
the provisions of this article. 

State Board of Land Commissioners. 

Sec. 7. The Governor, Superintendent of Public Instruction, Sec- 
retary of State and Attorney General shall constitute the State Board 
of Land Commissioners, who shall have the direction, control and 
disposition of the public lands of the State, under such regulations 
as may be prescribed by law. 

Location and Disposition of Public Lands. 

Sec. 8. It shall be the duty of the State Board of Land Commis- 
sioners to provide for the location, protection, sale or rental of all 
the lands heretofore, or which may hereafter be, granted to the State 
by the general government, under such regulations as may be pre- 
scribed by law, and in such manner as will secure the maximum 
possible amount therefor: Provided, That no school lands shall be 
sold for less than ten (10) dollars per acre. No law shall ever be 
passed by the Legislature granting any privileges to persons who may 
have settled upon any such public lands, subsequent to the survey 
thereof by the general government, by which the amount to be de- 
rived by the sale, or other disposition of such lands, shall be dimin- 



EDUCATION AND SCHOOL LANDS 



117 



ished, directly or indirectly. The Legislature shall, at the earliest 
practicable period, provide by law that the general grants of land 
made by Congress to the State shall be judiciously located and care- 
fully preserved and held in trust, subject to disposal at public auction 
for the use and benefit of the respective objects for which said grants 
of lands were made, and the Legislature shall provide for the sale of 
said lands from time to time and for the sale of timber on all State 
lands and for the faithful application of the proceeds thereof in 
accordance with the terms of said grants : Provided, That not to ex- 
ceed twenty-five sections of school lands shall be sold in any one 
year, and to be sold in subdivisions of not to exceed one hundred and 
sixty (160) acres to any one individual, company or corporation. 

Cited: State v. Fitzpatrick (1897) 
5 Ida. 499: 51 Pac. 112. 

Compulsory Attendance on Schools. 

Sec- 9. The Legislature may require by law that every child of 
sufficient mental and physical ability shall attend the public school 
throughout the period between the ages of six and eighteen years, 
for a time equivalent to three years, unless educated by other means. 

State University: Location, Regents and Lands. 

Sec. 10. The location of the University of Idaho, as established 
by existing laws, is hereby confirmed. All the rights, immunities, 
franchises, and endowments, heretofore granted thereto by the Terri- 
tory of Idaho are hereby perpetuated unto the said Univer- 
sity. The regents shall have the general supervision of the Univer- 
sity, and the control and direction of all the funds of, and appropria- 
tions to, the University, under such regulations as may be prescribed 
by law. No university lands shall be sold for less than ten dollars 
per acre, and in subdivisions not to exceed one hundred and sixty 
acres, to any one person, company or corporation. 

Loaning Educational Funds. 

Sec. 11. The permanent educational funds other than funds 
arising from the disposition of university lands belonging to the 
State, shall be loaned on first mortgage or improved farm lands 
within the State; State, United States, or school district bonds, or 
State warrants, under such regulations as the Legislature may pro- 
vide. Provided. That no loan shall be made of any amount of money 
exceeding one-third of the market value of the lands at the time 
of the loan, exclusive of buildings. 



Senate Joint Resolution, passed 
March 3, 1899 (Laws 1899, 330), Rat- 
ified Nov. 6, 1900. 

This section prior to amendment 
read as follows: 

Sec. 11. The permanent education- 
al funds, other than funds arising 
from the disposition of University- 
lands belonging to the State, shall 
be loaned on first mortgage on im- 



proved farm lands within the State, 
or on State or United States bonds, 
under such regulations as the Legis- 
lature may provide: Provided, That 
no loan shall be made of any amount 
of money exceeding one-third of the 
market value of the lands at the time 
of the loan, exclusive of buildings. 

Cited: State v. Fitzpatrick (1897) 
5 Ida. 499; 51 Pac. 112. 



118 



CONSTITUTION OF IDAHO 



ARTICLE 10. 
PUBLIC INSTITUTIONS. 



Section 

1. State to establish and support 
institutions. 

2. Seat of government. 

3. Same: Change in location. 

4. Property of Territory becomes 
property of State. 



Section 

5. State Prison Commissioners. 

6. Directors of Insane Asylum. 

7. Change in location of institu- 
tions. 



State to Establish and Support Institutions. 

Sec. 1. Educational, reformatory, and penal institutions, and 
those for the benefit of the insane, blind, deaf and dumb, and such 
other institutions as the public good may require, shall be established 
and supported by the State in such manner as may be prescribed 
by law. 

Seat of Government. 

Sec. 2. The seat of government of the State of Idaho shall be 
located at Boise City for twenty years from the admission of the 
State, after which time the Legislature may provide for its relocation, 
by submitting the question to a vote of the electors of the State at 
some general election. 

Same: Change in Location. 

Sec. 3. The Legislature may submit the question of the location of 
the seat of government to the qualified voters of the State at the 
general election, then next ensuing, and a majority of all the votes 
upon said question cast at said election shall be necessary to deter- 
mine the location thereof. Said Legislature shall also provide that 
in case there shall be no choice of location at said election the ques- 
tion of choice between the two places for which the highest num- 
ber of votes shall have been cast shall be submitted in like manner 
to the qualified electors of the State at the next general election. 

Property of Territory Becomes Property of State. 

Sec. 4. All property and institutions of the Territory, shall, upon 
adoption of the Constitution, become the property and institutions of 
the State of Idaho. 

State Prison Commissioners. 

Sec. 5. The Governor, Secretary of State and Attorney General 
shall constitute a board to be known as the State Prison Commis- 
sioners, and shall have control, direction and management of the 
penitentiaries of the State. The Governor shall be chairman, and 
the board shall appoint a warden, who may be removed at pleasure. 
The warden shall have the power to appoint his subordinates, sub- 
ject to the approval of the said board. 



Management of Penitentiary: Since 
this section confers on the Board of 
Prison Commissioners the manage- 
ment and control of the Penitentiary, 
the Legislature has no power to take 
from the Board such management 
and control, or to make any rules and 



regulations for the government of 
the Board which would in any way 
interfere with the efficient manage- 
ment and control of the institution. 
Ackley v. Perrin (1905) 10 Ida. 531; 
79 Pac. 192. 



CORPORATIONS, PUBLIC AND PRIVATE 



119 



Meetings of Board: The Board of authorized to transact, and it is not 

State Prison Commissioners created necessary for them to give notice to 

by this section, may meet at such a member of the Board who is, at the 

times as they deem necessary; a ma- time of calling- and holding the meet- 

jority of the officers constituting the ing, beyond the jurisdiction of the 

Board may hold a meeting and trans- State. (Stockslager, J., dissents.) lb. 
act any business which the Board is 

Directors of Insane Asylum. 

Sec. 6. There shall be appointed by the Governor three directors 
of the asylum for the insane, who shall be confirmed by the Senate. 
They shall have the control, direction and management of the said 
asylums, under such regulations as the Legislature shall provide, and 
hold their offices for a period of two years. The directors shall have 
the appointment of the medical superintendent, who shall appoint the 
assistants with the approval of the directors. 



Cited: (Dis. op.) Pyke v. Steunen- 
berg (1897) 5 Ida. 614; 51 Pac, 614; 



Ackley v. Perrin (1905) 10 Ida. 531; 
79 Pac. 192. 



Change in Location of Institutions. 

Sec. 7. The Legislature for sanitary reasons may cause the re- 
moval to more suitable localities of any of the institutions mentioned 
in section one of this article. 

ARTICLE 11. 

CORPORATIONS, PUBLIC AND PRIVATE. 



Section 

1. Certain grants and charters in- 
validated. 

2. Special charters prohibited. 

3. Revocation and alteration of 
charters. 

4. Shares of stock; How voted. 

5. Regulation and control of rail- 
roads. 

6. Equal transportation rights guar- 
anteed. 

7. Acceptance of Constitution by 
corporations. 

8. Right of eminent domain and 
police power reserved. 

9. Increase in capital stock. 



Section 

10. Regulation of foreign corpora- 
tions. 

11. Constructing railroad in city or 
town. 

12. Retroactive laws favoring cor- 
porations prohibited. 

13. Telegraph and telephone com- 
panies. 

14. Consolidation of corporations 
with foreign corporations. 

15. Transfer of franchises. 

16. Term "corporation" denned. 

17. Liability of stockholders: Dues. 

18. Combinations in restraint of 
trade prohibited. 



Certain Grants and Charters Invalidated. 

Sec. 1. All existing charters or grants of special or exclusive 
privileges, under which the corporations or grantees shall not have 
organized or commenced business in good faith at the time of the 
adoption of this Constitution, shall thereafter have no validity. 

Special Charters Prohibited. 

Sec. 2. No charter of incorporation shall be granted, extended, 
changed or amended by special law, except for such municipal, charit- 
able, educational, penal or reformatory corporations as are or may 
be under the control of the State; but the Legislature shall provide 
by general law for the organization of corporations hereafter to be 
created: Provided, That any such general law shall be subject to 
future repeal or alteration by the Legislature. 



120 



CONSTITUTION OF IDAHO 



Cited: Wiggin v. City of Lewiston 
(1902) 8 Ida. 527; 69 Pac. 286. 

Special Legislation: This section 
prohibits the enactment of local or 
special laws on the subjects therein 
enumerated, but leaves the Legisla- 
ture master of its own discretion in 
passing special laws on subjects not 
prohibited by the Constitution. But- 
ler v. City of Lewiston (1905) 11 Ida. 
393; 83 Pac. 234. 

Joint Stock Companies: The pro- 
vision of this section which requires 
the Legislature to provide by general 
law for the organization of corpora- 
tions, is directed exclusively to the 



Legislature, and is not -operative 
without Legislative action; the pro- 
vision does not prevent individuals 
from organizing a joint stock com- 
pany having attributes different from 
those of ordinary corporations. Spots- 
wood v. Morris (1906) 12 Ida. 360; 
85 Pac. 1094. 

This section has no application to 
a voluntary joint stock company 
which has no franchise of incorpora- 
tion, and which exercises no powers 
or privileges of a corporation which 
are not possessed by individuals or 
partnerships. lb. 



Revocation and Alteration of Charters. 

Sec. 3. The Legislature may provide by law for altering, revoking, 
or annulling any charter of incorporation existing and revocable at 
the time of the adoption of this Constitution, in such manner, how- 
ever, that no injustice shall be done to the corporators. 



Amendment of Municipal Charters: 

The charter of the City of Lewiston, 
which antedates the Constitution, may 



be amended by the Legislature. 
Wiggin v. City of Lewiston (1902) 8 
Ida. 527; 69 Pac. 286. 



Shares of Stock : How Voted. 

Sec. 4. The Legislature shall provide by law that in all elections 
for directors or managers of incorporated companies, every stock- 
holder shall have the right to vote in person or by proxy, for the 
number of shares of stock owned by him, for as many persons as 
there are directors or managers to be elected, or to cumulate said 
shares, and give one candidate as many votes as the numbers of di- 
rectors multiplied by the number of his shares of stock, shall equal, 
or to distribute them on the same principle among as many candi- 
dates as he shall think fit, and such directors shall not be elected in 
any other manner. 

Cited: Olvmpia Mining Co. v. 
Kerns (1907) 13 Ida. — ; 91 Pac. 92. 

Regulation and Control of Railroads. 

Sec. 5. All railroads shall be public highways, and all railroad, 
transportation, and express companies shall be common carriers, and 
subject to legislative control, and the Legislature shall have the power 
to regulate and control by law, the rate of charges for the transpor- 
tation of passengers and freight by such companies or other com- 
mon carriers from one point to another in the State. Any associa- 
tion or corporation organized for the purpose, shall have the right 
to construct and operate a railroad between any designated points 
within the State, and to connect within or at the State line with 
railroads of other states and territories. Every railroad company 
shall have the right with its road, to intersect, connect with, or cross 
any other railroad, under such regulations as may be prescribed by 
law, and upon making due compensation. 

Equal Transportation Rights Guaranteed. 

Sec. 6. All individuals, associations, and corporations, similarly 
situated shall have equal rights to have persons or property trans- 



CORPORATIONS, PUBLIC AND PRIVATE 121 

ported on and over any railroad, transportation, or express route 
in the State, except that preference may be given to perishable prop- 
erty. No undue or unreasonable discrimination shall be made in 
charges or facilities for transportation of freight or passengers of 
the same class, by any railroad, or transportation, or express com- 
pany, between persons or places within the State; but excursion or 
commutation tickets may be issued .and sold at special rates, pro- 
vided such rates are the same to all persons. No railroad, or trans- 
portation, or express company shall be allowed to charge, collect or 
receive, under penalties which the Legislature shall prescribe, any 
greater charge or toll for the transportation of freight or passengers, 
to any place or station upon its route or line, than it charges for the 
transportation of the same class of freight or passengers to any more 
distant place or station upon its route or line within this State. No 
railroad, express, or transportation company, nor any lessee, mana- 
ger, or other employee thereof, shall give any preference to any in- 
dividual, association or corporation, in furnishing cars or motive 
power or for the transportation of money or other express matter. 

Acceptance of Constitution by Corporations. 

Sec. 7. No corporation other than municipal corporations in ex- 
istence at the time of the adoption of this Constitution, shall have the 
benefit of any future legislation, without first filing in the office of the 
Secretary of State an acceptance of the provisions of this Constitu- 
tion in binding form. 

Right of Eminent Domain and Police Power Reserved. 

Sec. 8. The right of eminent domain shall never be abridged, 
nor so construed as to prevent the Legislature from taking the prop- 
erty and franchise of incorporated companies, and subjecting them 
to public use, the same as property of individuals; and the police 
powers of the State shall never be abridged nor so construed as to 
permit corporations to conduct their business in such manner as to 
infringe the equal rights of individuals, or the general well being 
of the State. 

Increase in Capital Stock. 

Sec. 9. No corporation shall issue stocks or bonds, except for 
labor done, services performed, or money or property actually re- 
ceived; and all fictitious increase of stock or indebtedness shall be 
void. The stock of corporations shall not be increased except in 
pursuance of general law, nor without the consent of the persons 
holding a majority of the stock, first obtained at a meeting, held 
after at least thirty days' notice given in pursuance of law. 

Regulation of Foreign Corporations. 

Sec. 10. No foreign corporation shall do any business in this 
State without having one or more known places of business, and, 
an authorized agent or agents in the same, uoon whom process may 
be served, and no company or corporation formed under the laws 
of any other country, State, or Territory, shall have or be allowed 
to exercise or enjoy, within this State any greater rights or privileges 



122 



CONSTITUTION OF IDAHO 



than those possessed or enjoyed by corporations of the same or 
similar character created under the laws of this State. 



iCitecl: Smith v. Alberta etc. Rec. 
Co. (1903) 9 Ida. 399; 74 Pac. 1071. 

Provision Self -Acting: This pro- 
vision is self-acting and self-operat- 
ive in so far as it requires the facts 
therein enumerated to exist at the 
time a foreign corporation begins to 



transact business within the State, 
and it requires such corporations to 
subject themselves to the jurisdiction 
and laws of this State before they are 
given recognition or legal existence 
within its borders. Katz v. Herrick 
(1906) 12 Ida. 1; 86 Pac. 873. 



Constructing Railroad in City or Town. 

Sec. 11. No street, or other railroad, shall be constructed within 
any city, town, or incorporated village without the consent of the 
local authorities having the control of the street or highway proposed 
to be occupied by such street or other railroad. 

Retroactive Laws Favoring Corporations Prohibited. 

Sec. 12. The Legislature shall pass no law for the benefit of a 
railroad, or other corporation, or any individual or association of 
individuals retroactive in its operation, or which imposes on the 
people of any county or municipal subdivision of the State, a new 
liability in respect to transactions or considerations already past. 

Telegraph and Telephone Companies. 

Sec. 13. Any association or corporation, or the lessees or mana- 
gers thereof, organized for the purpose, or any individual, shall 
have the right to construct and maintain lines of telegraph or tele- 
phone within this State, and connect the same with other lines; and 
the Legislature shall by general law of uniform operation provide 
reasonable regulations to give full effect to this section. 

Consolidation of Corporations with Foreign Corporations. 

Sec. 14. If any railroad, telegraph, express or other corporation, 
organized under any of the laws of this State shall consolidate by 
sale or otherwise with any railroad, telegraph, express, or other cor- 
poration organized under any of the laws of any other State or Terri- 
tory, or of the United States, the same shall not thereby become a for- 
eign corporation, but the courts of this State shall retain jurisdiction 
over that part of the corporate property within the limits of the 
State in all matters that may arise, as if said consolidation had not 
taken place. 

Transfer of Franchises. 

Sec. 15. The Legislature shall not pass any law permitting the 
leasing or alienation of any franchise so as to release or relieve the 
franchise or property held thereunder from any of the liabilities of 
the lessor or grantor, or lessee or grantee, contracted or incurred 
in the operation, use, or enjoyment of such franchise, or any of its 
privileges. 

Term "Corporation" Defined. 

Sec. 16. The term "corporation" as used in this article, shall be 
held and construed to include all associations and joint stock com- 



CORPORATIONS, MUNICIPAL 



123 



panies having or exercising any of the powers or privileges of cor- 
porations not possessed by individuals or partnerships. 



Unincorporated Associations: An 

unincorporated association or joint 
stock company may be formed by in- 
dividuals for the purchase of a single 
tract of real estate, the title to which 
may be taken in a trustee, and the 
articles of agreement may provide 
that the death of a shareholder shall 
not result in the dissolution of the 
association, and that either or any 



of the officers or shareholders shall 
not sell or dispose of any property of 
the association, without the concur- 
rence of the shareholders; such an 
association is not a corporation under 
the Constitution or statutes, but is a 
form of special partnership. Spots- 
wood v. Morris (1906) 12 Ida. 360; 
85 Pac. 1094. 



Liability of Stockholders: Dues. 

Sec. 17. Dues from private corporations shall be secured by such 
means as may be prescribed by law, but in no case shall any stock- 
holder be individually liable in any amount over or above the amount 
of stock owned by him. 

Combinations in Restraint of Trade Prohibited. 

Sec. 18. That no incorporated company, or any association of 
persons or stock company, in the State of Idaho, shall directly or 
indirectly combine or make any contract with any incorporated com- 
pany, foreign or domestic, through their stockholders, or the trus- 
tees or assignees of such stockholders, or in any manner whatsoever, 
for the purpose of fixing the price, or regulating the production of 
any article of commerce or of produce of the soil, or of consumption 
by the people; and that the Legislature be required to pass laws for 
the enforcement thereof, by adequate penalties, to the extent, if nec- 
essary for that purpose, of the forfeiture of their property and fran- 
chise. 

ARTICLE 12. 

CORPORATIONS, MUNICIPAL. 



Section 

1. General laws for cities and 
towns. 

2. Local police regulations author 
ized. 



Section 

3. State not to assume local indebt- 
edness. 

4. Municipal corporations not to 
loan credit. 



General Laws for Cities and Towns. 

Sec. 1. The Legislature shall provide by general laws for the 
incorporation, organization and classification of the cities and towns, 
in proportion to the population, which laws may be altered, amended, 
or repealed by the general laws. Cities and towns heretofore in- 
corporated, may become organized under such general laws, when- 
ever a majority of the electors at a general election, shall so deter- 
mine, under such provision therefor as may be made by the Leg- 
islature. 



Cited: People v. Bancroft (1892) 
3 Ida. 35 6; 2 9 Pac. 112; (Concur, op.) 
Green v. State Board Canvassers 
(1896) 5 Ida. 130; 47 Pac. 259; 
Brown v. Village of Grangeville. 
(1902) 8 Ida. 784; 71 Pac. 151. 

General Incorporation Laws: Pow- 



er is directly given to the Legisla- 
ture to enact general laws for the 
incorporation of cities, towns and vil- 
lages, and to alter, amend or repeal 
such laws at any time. State v. 
Steunenberg (1896) 5 Ida. 1; 45 Pac. 
462. 



124 



CONSTITUTION OF IDAHO 



Organization of Cities: The latter 
part of this section of the Constitu- 
tion points out a means by which 
towns or villages which had been in- 
corporated prior to the adoption of 
the Constitution, may become organ- 
ized into cities under general laws; 
that is, whenever a majority of the 
electors, at a general election held 
for that purpose, so indicate by their 
votes. lb. 

Special Legislation Not Prohibited: 

This section prohibits the enactment 



of local or special laws on the sub- 
jects therein enumerated, but leaves 
the Legislature master of its own dis- 
cretion in passing special laws on 
subjects not prohibited by the Con- 
stitution. Butler v. City of Lewiston 
(1905) 11 Ida. 393; 83 Pac. 234. 

Amendments of Special Charters: 

The Legislature is not required to 
submit acts amending special char- 
ters of cities to the electors of such 
cities prior to their going into effect, 
lb. 



Local Police Regulations Authorized. 

Sec. 2. Any county or incorporated city or town may make and 
enforce, within its limits, all such local, police, sanitary and other 
regulations as are not in conflict with its charter or with the general 
laws. 



Cited: In re Francis (1900) 7 Ida. 
98; 60 Pac. 561; In re Snyder (1905) 
10 Ida. 682; 79 Pac. 819. 

Municipal Ordinances: This pro- 
vision authorizes the council of any 
city to make and enforce ordinances 
that are not in conflict with the gen- 
eral law, and forbids the making and 
enforcing of any ordinance in con- 
flict with the general law. In re Rid- 



enbaugh (1897) 5 Ida. 371; 49 Pac. 
12. 

Cities have the power to prescribe 
and enforce police regulations pun- 
ishing misdemeanors, notwithstand- 
ing a general statute prescribing a 
punishment for the same offense. 
State v. Quong (1891) 8 Ida. 191; 67 
Pac. 491. 



State Not to Assume Local Indebtedness. 

Sec. 3. The State shall never assume the debts of any county, 
town, or other municipal corporation, unless such debts shall have 
been created to repel invasion, suppress insurrection or defend the 
State in war. 

Municipal Corporations Not to Loan Credit. 

Sec. 4. No county, town, city, or other municipal corporation, by 
vote of its citizens or otherwise, shall ever become a stockholder 
in any joint stock company, corporation or association whatever, or 
raise money for, or make donation or loan its credit to, or in aid 
of, any such company or associatiin: Provided, That cities and 
towns may contract indebtedness for school, water, sanitary, and 
illuminating purposes : Provided, That any city or town contracting 
such indebtedness shall own its just proportion of the property thus 
created, and receive from any income arising therefrom, its propor- 
tion to the whole amount so invested. 

Cited: State v. Union etc. Ins. Co. 
(1902) 8 Ida. 240; 67 Pac. 647. 

ARTICLE 13. 
IMMIGRATION AND LABOR. 



Section 

1. Bureau of Immigration: Com- 
missioner. 

2. Protection and hours of labor. 

3. Restrictions on convict labor. 

4. Child labor in mines prohibited. 



Section 

5. Aliens not to be employed on 
public work. 

6. Mechanics liens to be provided. 

7. Boards of Arbitration. 

8. Duties and compensation of 
Commissioner. 



IMMIGRATION AND LABOR 



125 



Bureau of Immigration: Commissioner. 

Sec. 1. There shall be established a Bureau of Immigration, Labor 
and Statistics, which shall be under the charge of a Commissioner of 
Immigration, Labor and Statistics, who shall be appointed by the 
Governor, by and with the consent of the Senate. The Commissioner 
shall hold his office for two years, and until his successor shall have 
been appointed and qualified, unless sooner removed. The Commis- 
sioner shall collect information upon the subject of labor, its rela- 
tion to capital, the hours of labor and the earnings of laboring men 
and women, and the means of promoting their material, social, in- 
tellectual and moral prosperity. The Commissioner shall annually 
make a report in writing to the Governor of the State of the in- 
formation collected and collated by him, and containing such recom- 
mendations as he may deem calculated to promote the efficiency of 
the bureau. 

Protection and Hours of Labor. 

Sec. 2. Not more than eight (8) hours actual work shall con- 
stitute a lawful day's work on all State and municipal works, and 
the Legislature shall pass laws to provide for the health and safety 
of employes in factories, smelters, mines and ore reduction works. 



House Joint Resolution, approved 
March 12, 1901, (Laws 1901, 311) rat- 
ified Nov. 4th, 1902. 

TJie section prior to amendment 
read as follows: 



Sec. 2. Not more than eight (8) 
hours actual work shall constitute a 
lawful day's work on all State and 
municipal works. 



Restrictions on Convict Labor. 

Sec. 3. All labor of convicts confined in the State's prison, shall 
be done within the prison grounds, except where the work is done 
on public works under the direct control of the State. 

Child Labor in Mines Prohibited. 

Sec. 4. The employment of children under the age of fourteen 
(14) years in underground mines is prohibited. 

Aliens Not to be Employed on Public Work. 

Sec. 5. No person, not a citizen of the United States, or who has 
not declared his intention to become such, shall be employed upon, 
or in connection with, any State or municipal works. 

Mechanics' Liens to be Provided. 

Sec. 6. The Legislature shall provide by proper legislation for 
giving to mechanics, laborers, and material men an adequate lien on 
the subject matter of their labor. 

Boards of Arbitration. 

Sec. 7. The Legislature may establish Boards of Arbitration, 
whose duty it shall be to hear and determine all differences and 
controversies between laborers and their employers which may be 
submitted to them in writing by all the parties. Such Boards of Ar- 
bitration shall possess all the powers and authority in respect to 
administering oaths, subpoenaing witnesses, and compelling their 



126 



CONSTITUTION OF IDAHO 



attendance, preserving order during the sittings of the board, pun- 
ishing for contempt, and requiring the production of papers and 
writings, and all other powers and privileges, in their nature ap- 
plicable, conferred by law on Justices of the Peace. 

Duties and Compensation of Commissioner. 

Sec. 8. The Commissioner of Immigration, Labor and Statistics 
shall perform such duties and receive such compensation as may be 
prescribed by law. 

ARTICLE 14. 



MILITIA. 



Section 

1. Persons subject to military duty. 

2. Legislature to provide for en- 
rollment of militia. 

3. Selection and commission of offi- 
cers. 



Section 

4. Preservation of records, banners 
and relics. 

5. National and State flags only to 
be carried. 

6. Importation of armed forces pro- 
hibited. 



Persons Subject to Military Duty. 

Sec. 1. All able bodied male persons, residents of this State, be- 
tween the ages of eighteen and forty-five years shall be enrolled in 
the militia, and perform such military duty as may be required by 
law; but no person having conscientious scruples against bearing 
arms, shall be compelled to perform such duty in time of peace. 
Every person claiming such exemption from service, shall, in lieu 
thereof, pay into the school fund of the county of which he may be 
a resident, an equivalent in money, the amount and manner of pay- 
ment to be fixed by law. 

Legislature to Provide for Enrollment of Militia. 

Sec. 2. The Legislature shall provide by law for the enrollment, 
equipment and discipline of the militia, to conform as nearly as 
practicable to the regulations for the government of the armies of 
the United States, and pass such laws to promote volunteer organi- 
zations as may afford them effectual encouragement. 

Selection and Commission of Officers. 

Sec. 3. All militia officers shall be commissioned by the Governor, 
the manner of their selection to be provided by law, and may hold 
their commissions for such period of time as the Legislature may 
provide. 

Preservation of Records, Banners and Relics. 

Sec. 4. All military records, banners and relics of the State, ex- 
cept when in lawful use, shall be preserved in the office of the 
Adjutant General as an enduring memorial of patriotism and valor 
of the soldiers of Idaho; and it shall be the duty of the Legislature 
to provide by law for the safekeeping of the same. 

National and State Flags Only to be Carried. 

Sec. 5. All military organizations under the laws of this State 



WATER RIGHTS 



127 



shall carry no other device, banner or flag than that of the United 
States or the State of Idaho. 

Importation of Armed Forces Prohibited. 

Sec. 6. No armed police force, or detective agency-, or armed body 
of men, shall ever be brought into this State for the suppression 
of domestic violence, except upon the application of the Legislature, 
or the Executive when the Legislature cannot be convened. 



ARTICLE 15. 
WATER RIGHTS. 



Section 

1. Use of waters a public use. 

2. Right to collect rates a fran- 
chise. 

3. Appropriation of water: Priori- 
ties. 



Section 

4. Continuing rights to wate- guar- 
anteed. 

5. Priorities and limitations on use. 

6. Establishment of maximum 
rates. 



Use of Waters a Public Use. 

Sec. 1. The use of all waters now appropriated, or that may here- 
after be appropriated for sale, rental or distribution; also of all 
water originally appropriated for private use, but which after such 
appropriation has heretofore been, or may hereafter be sold, rented, 
or distributed, is hereby declared to be a public use, and subject 
to the regulation and control of the State in the manner prescribed 
by law. 



Cited: Wilterding v. Green (1896) 
4 Ida. 773; 45 Pac. 134; Boise Irr. etc. 
Co. v. Stewart (1904) 10 Idaho, 38; 77 
Pac. 25, 321; Hill v. Standard Min. 
Co. (1906) 12 Ida. 223; 85 Pac. 907. 

Right to Use Water: The individ- 
uals comprising the public, who are in 



condition to use water, have a con- 
stitutional right to use water under 
such reasonable rules and regulations, 
and upon such payments, as may be 
prescribed. Wilterding v. Green 
(1896) 4 Ida. 773; 45 Pac. 134. 



Right to Collect Rates a Franchise. 

Sec. 2. The right to collect rates or compensation for the use 
of water supplied to any county, city, or town, or water district, or 
the inhabitants thereof, is a franchise, and cannot be exercised ex- 
cept by authority of and in the manner prescribed by law. 



Cited: Wilterding v. Green (1896) 
4 Ida, 773; 45 Pac. 134. 

Requirement of Free Water: This 
section simply defines the right to col- 
lect rates for a water supply as a 
franchise, and does not prohibit the 



Legislature from passing a law com- 
pelling a water company to furnish a 
city with free water for fire purposes. 
Boise City v. Artes. H. & C. W. Co. 
(1895) 4 Ida. 351; 39 Pac. 562 



Appropriation of Water: Priorities. 

Sec. 3. The right to divert and appropriate the unappropriated 
waters of any natural stream to beneficial uses, shall never be denied. 
Priority of appropriation shall give the better right as between those 
using the water ; but when the waters of any natural stream are not 
sufficient for the service of all those desiring the use of the same, 
those using the water for domestic purposes shall (subject to such 



128 



CONSTITUTION OF IDAHO 



limitations as may be prescribed by law) have the preference over 
those claiming for any other purpose ; and those using the water for 
agricultural purposes shall have preference over those using the same 
for manufacturing purposes. And in any organized mining district, 
those using the water, for mining purposes or milling purposes con- 
nected with mining, shall have preference over those using the same 
for manufacturing or agricultural purposes. But the usage by such 
subsequent appropriators shall be subject to such provisions of law 
regulating the taking of private property for public and private use, 
as referred to in section 14 of article 1, of this Constitution. 



Cited: Hard v Boise City Irr. etc. 
Co. (1904) 9 Ida. 589; 76 Pac. 331. 

Preferential Rights to Water: The 

framers of the Constitution, in adopt- 
ing this section, realized that in some 
sections of the State agriculture would 
predominate, and that the use of wa- 
ter for such purposes should have a 
preference right in such sections, 
while in other sections mining would 
be the principal industry and would 
be entitled to a preference right. Hill 



v. Standard Min. Co. (1906) 12 Ida. 
223; 85 Pac. 907. 

Pollution of Streams: This section 
does not authorize or permit parties 
engaged in mining or other occupa- 
tions to fill up the natural channel of 
any of the streams of the State, or to 
pollute the same with debris and poi- 
sonous substances to the injury of 
any other user of the waters of the 
streams. lb. 



Continuing Rights to Water Guaranteed. 

Sec. 4. Whenever any Waters have been, or shall be, appropriated 
or used for agricultural purposes, under a sale, rental, or distribu- 
tion thereof, such sale, rental or distribution shall be deemed 
an exclusive dedication to such use; and whenever such 
waters so dedicated shall have once been sold, rented or 
distributed to any person who has settled upon or improved land 
for agricultural purposes with the view of receiving the benefit of such 
water under such dedication, such person, his heirs, executors, ad- 
ministrators, successors, or assigns, shall not thereafter, without his 
consent, be deprived of the annual use of the same, when needed for 
domestic purposes, or to irrigate the land so settled upon or improved, 
upon payment therefor, and compliance with such equitable terms 
and conditions as to the quantity used and times of use, as may be 
prescribed by law. 



Cited: Wilterding v. Green (1896) 
4 Ida. 773; 45 Pac. 134. 

Payment of Compensation: While 
this section secures to every one who 
has rented water the right to rent 
the same from year to year, yet his 
right to water for any given year de- 
pends upon his compliance with stat- 
utory enactments regulating the pay- 
ment of compensation or tender of se- 
curity therefor, and no action to con- 
firm his right to such water accrues 
in his favor until he has paid, or ten- 



dered security for, such compensa- 
tion. Bardslv v. Boise Irr. etc. Co. 
(1901) 8 Ida. 155; 67 Pac. 428. 

Change of Use: This section does 
not require water to be used on the 
land where it is firs.t taken, nor pro- 
hibit the change of the place of use, 
nor deny to the user a property right 
in the water which he takes from a 
canal. (Sullivan, C. J., dissents.) 
Hard v. Boise City Irr. etc. Co. (1904) 
9 Ida. 589; 76 Pac 331. 



Priorities and Limitations on Use. 

Sec. 5. Whenever more than one person has settled upon, or im- 
proved land with the view of receiving water for agricultural pur- 
poses, under a sale, rental, or distribution thereof, as in the last 
preceding section of this article provided, as among such persons 
priority in time shall give superiority of right to the use of such 



LIVE STOCK — STATE BOUNDARIES 



129 



water in the numerical order of such settlements or improvements; 
but whenever the supply of such water shall not be sufficient to meet 
the demands of all those desiring to use the same, such priority of 
right shall be subject to such reasonable limitations as to the quantity 
of water used and times of use as the Legislature, having due regard 
both to such priority of right and the necessities of those subsequent 
in time of settlement or improvement, may by law prescribe. 



Cited: Wilterding v. Green (18 96) 
4 Ida. 773; 45 Pac. 134; Hard v. 



Boise City Irr. etc. Co. (190 4) 9 Ida. 
589; 76 Pac. 331. 



Establishment of Maximum Rates. 

Sec. 6. The Legislature shall provide by law the manner in which 
reasonable maximum rates may be established to be charged for the 
use of water sold, rented or distributed for any useful or beneficial 
purpose. 



Cited: Wilterding v. Green (1896) 
4 Ida. 773; 45 Pac. 134. 

Requirement of Free Water: The 

provisions of Revised Statutes, Sec. 
2711, requiring - water companies to 
furnish cities with free water for fire 
purposes, is not repugnant to this sec 
tion. Boise City v. Artes. H. & C. W. 
Co. (1895) 4 Ida. 351; 39 Pac. 562 

Fixing- Rates: This section author- 
izes the Legislature to provide the 
manner in which water rates may be 
established, and by necessary impli- 
cation prohibits the Legislature from 



fixing such rates as they attempted to 
do by Laws 1897, 52. Wilson v. Per- 
rault (1898) 6 Ida. 178; 54 Pac. 617. 

This section imposes on the Legis- 
lature the duty of providing the 
method or means by which compen- 
sation for supplying water to any 
city or town are to be fixed, and until 
the Legislature provides such a meth- 
od, the contract rates for such supply 
will be enforced. Jack v. Village of 
Grangeville (1903) 9 Ida. 291; 74 
Pac. 969. 



ARTICLE 16. 
LIVE STOCK. 

Section 
1. Laws to protect live stock. 

Laws to Protect Live Stock. 

Sec. 1. The Legislature may pass all necessary laws to provide 
for the protection of live stock against the introduction or spread of 
pleuro-pneumonia, glanders, splenetic or Texas fever, and other in- 
fectious or contagious diseases. The Legislature may also establish 
a system of quarantine or inspection, and such other regulations as 
may be necessary for the protection of stock owners and most con- 
ducive to the stock interests within the State. 

Cited: Noble v. Bragaw (1906) 12 
Ida. 265; 85 Pac. 903. 

ARTICLE 17. 
STATE BOUNDARIES, 

Section 
1. Name and boundaries of State. 

Name and Boundaries of State. 

Sec. 1. The name of this State is Idaho, and its boundaries are 
as follows : Beginning at a point in the middle channel of Snake River 



130 



CONSTITUTION OF IDAHO 



where the northern boundary of Oregon intersects the same; then 
follow down the channel of the Snake River to a point opposite the 
mouth of the Kooskooskia or Clearwater River; thence due north to 
the forty-ninth parallel of latitude; thence east along that parallel 
to the thirty-ninth degree of longitude west of Washington; thence 
south along that degree of longitude to the crest of the Bitter Root 
Mountains ; thence southward along the crest of the Bitter Root Moun- 
tains till its intersection with the Rocky Mountains; thence south- 
ward along the crest of the Rocky Mountains to the thirty-fourth 
degree of longitude west of Washington; thence south along that 
degree of longitude to the forty-second degree of north latitude; 
thence west along that parallel to the eastern boundary of the State 
of Oregon; thence north along that boundary to the place of begin- 
ning. 



ARTICLE 18. 
COUNTY ORGANIZATION. 



Section 
1. Existing counties recognized. 
Removal of county seats. 
Division of counties. 
New counties: Size and valua- 
tion. 
System of county government. 



2. 
3. 
4. 

5. 



Section 

6. County officers. 

7. Same: Salaries. 

8. Same: How paid. 

9. Same: Liability for fees. 

10. Board of county commissioners. 

11. Duties of officers. 



Existing Counties Recognized. 

Sec. 1. The several counties of the Territory of Idaho as they now 
exist, are hereby recognized as legal subdivisions of this State. 



Cited: People ex rel Lincoln Co. v. 
George (1891) 3 Ida. 72; 26 Pac. 983; 
People v. Alturas Co. (1899) 6 Ida. 
418; 55 Pac. 1067; Roach v. Good- 
ing (1905) 11 Ida. 244; 81 Pac. 642. 

Abolition of Counties: The Legis- 
lature cannot abolish an existing 
county. (Concur, op.; Sullivan, C. J., 
dissents.) People v. George (1891) 



3 Ida. 72; 26 Pac. 983. The Legisla- 
ture can not abolish an existing coun- 
ty and create two new counties from 
the territory formerly embraced 
within the old county with different 
county seats and new sets of officers. 
Stockslager, C. J., dissents.) Mc- 
Donald v. Doust (1905) 11 Ida. 14; 
81 Pac. 60. 



Removal of County Seats. 

Sec. 2. No county seat shall be removed unless upon petition of 
a majority of the qualified electors of the county, and unless two- 
thirds of the qualified electors of the county, voting on the proposi- 
tion at a general election, shall vote in favor of such removal. A 
proposition of removal of the county seat shall not be submitted 
in the same county more than once in six years, except as provided 
by existing laws. No person shall vote at any county. seat election 
who has not resided in the county six months, and in the precinct 
ninety days. 



Cited: (Concur, op.) People v. 
George (1891) 3 Ida. 72; 26 Pac. 983; 
(Concur, op.) Green v. State Board 
Canvassers (1896) 5 Ida. 130; 47 Pac. 
259; McDonald v. Doust (1905) 11 
Ida. 14; 81 Pac. 60. 



Application: The limitations im- 
posed by this section on the removal 
of a county seat, apply only to the 
removal of a county seat which has 
been permanently fixed, and do not 
prohibit the Legislature from tern- 



COUNTY ORGANIZATION 



131 



porarily locating the seat of a new 
county, and further providing-, in the 
act creating the county, for an elec- 
tion on the question of permanent lo- 
cation of the county seat. Doan v. 
Board of Commrs. (1891) 3 Ida. 38; 
26 Pac. 167. 

Signers of Petition: The framers of 
the Constitution did not intend to 
prescribe a rule by which a majority 
of the qualified electors, contemplat- 
ed by this section as signers of a pe- 



tition for the removal of a county 
seat, should be ascertained, but left 
that rule to be established by the Leg- 
islature, as was done in Laws 1899, 
41, Sec. 6, providing for county 
seat elections, and by which the qual- 
ified electors who sign the petition 
need not be registered voters. 
(Quarles, J., dissents). Wilson v. 
Bartlett (1900) 7 Ida. 271; 62 Pac. 
416. 



Division of Counties. 

Sec. 3. No county shall be divided unless a majority of the quali- 
fied electors of the territory proposed to be cut off, voting on the 
proposition at a general election, shall vote in favor of such division : 
Provided, That this section shall not apply to the creation of new 
counties. No person shall vote at such election who has not been 
ninety days a resident of the territory proposed to be annexed. 
When any part of a county is stricken off and attached to another 
county, the part stricken off shall be held to pay its ratable propor- 
tion of all then existing liabilities of the county from which it is 
taken. 



Cited: (Concur, op.) People v. 
George (1891) 3 Ida. 72; 26 Pac. 983; 
Sabin v. Curtis, 1893) 3 Ida. 662; 32 
Pac. 1130; McDonald v. Doust (1905) 
11 Ida. 14; 81 Pac. 60. 

Division of Territory: This section 
prohibits cutting off territory from 
one county and annexing it to an- 
other without submitting the proposi- 
tion to popular vote, under the guise 
of an act purporting to create two 
new counties from the territory previ- 
ously belonging to two existing coun- 
ties, and so changing the boundary 
line between them as to give one of 
the counties a strip of territory which 
previously belonged to the other. The 
Act of March 3, 1891, purporting to 
create and organize the counties of 
Alta and Lincoln was held on this 
ground to be unconstitutional. (Sul- 
livan, C. J., dissents.) People ex rel. 
Lincoln Co. v. George (1891) 3 Ida. 
72; 26 Pac. 983. 



Creation of New Counties: 



This 



section and the following one express- 
ly authorize the creation of new coun- 
ties, and in the creation of such a 
county, the Legislature may make 
any provision necessary to the com- 
plete organization of that county not 
specifically prohibited by the Consti- 
tution, and may provide for the ap- 
portionment of the debt of the origi- 
nal county and for transcribing the 
records. Bannock Co. v. Bunting 
(1894) 4 Ida. 156; 37 Pac. 277. 

Liability of Detached Territory: 

This section continues the liability of 
territory, detached from one county 
and annexed to another, for its rata- 
ble proportion of the debts of the 
mother county, and prohibits the 
Legislature from imposing such in- 
debtedness on the county to which 
the detached territory is annexed. 
(Sullivan, J., dissents.) Shoshone Co. 
v. Profitt (1906) 11 Ida. 763; 84 Pac. 
712. 



New Counties : Size and Valuation. 

Sec. 4. No new counties shall be established which shall reduce 
any county to an area of less than four hundred square miles nor 
the valuation of its taxable property to less than one million dollars. 
Nor shall any new county be formed which shall have an area of less 
than four hundred square miles and taxable property of less than 
one million dollars, as shown by the last previous assessment. 



House Joint Resolution, approved 
March 12, 1897 (Laws 1897, 183) rat- 
ified Nov. 8, 1898. 

The section prior to amendment 
read as follows: 

Sec. 4. No new county shall be es- 



tablished which shall reduce any 
county to an area of less than four 
hundred square miles, nor shall a new 
county be formed containing an area 
of less than four hundred square 
miles. 



132 



CONSTITUTION OF IDAHO 






Cited: (Concur, op.) People v. 
George (1891) 3 Ida. 72; 26 Pac. 983; 
Sabin v. Curtis (1893) 3 Ida. 662; 32 
Pac. 1130; Bannock Co. v. Bunting 
(1894) 4 Ida. 156; 37 Pac. 277. 

Constitutionality of Amendment : 

Quaere suggested as to the constitu- 
tionality of the amendment of 1898. 
Holmberg v. Jones (1901) 7 Ida. 752; 
65 Pac. 563. 

Creation of New County: A county 
cannot be created by implication and 
intendment merely, and an act appar- 



ently passed for the purpose of creat- 
ing a county, is invalid for' that pur- 
pose when it fails to declare in ex- 
press language the creation of such 
proposed county. Homer v. Jones 
(1901) 7 Ida. 752; 65 Pac. 563. 

The authority granted by this sec- 
tion to create new counties does not 
authorize the reorganization of an old 
county under a new name. McDon- 
ald v. Doust (1905) 11 Ida. 14; 81 
Pac. 60. 



System of County Government. 

Sec. 5. The Legislature shall establish, subject to the provisions 
of this article, a system of county governments which shall be uni- 
form throughout the State; and by general laws shall provide for 
township or precinct organization. 

Cited: McDonald v. Doust (1905) 
11 Ida. 14; 81 Pac. 60. 

County Officers. 

Sec. 6. The Legislature by general and uniform laws shall pro- 
vide for the election biennially in each of the several counties of the 
State, of county commissioners, a sheriff, a county treasurer,- who 
is ex-officio public administrator, a probate judge, a county superin- 
tendent of public instruction, a county assessor, who is ex-officio tax 
collector, a coroner and a surveyor. The clerk of the District Court 
shall be ex-officio auditor and recorder. No other county offices shall 
be established, but the Legislature by general and uniform laws 
shall provide for such township, precinct and municipal officers as 
public convenience may require, and shall prescribe their duties, and 
fix their terms of office. The Legislature shall provide for the strict 
accountability of county, township, precinct and municipal officers 
for all fees which may be collected by them, and for all public and 
municipal monies which may be paid to them or officially come into 
their possession. The county commissioners may employ counsel 
wjien necessary. The sheriff, auditor and recorder, and clerk of the 
District Court shall be empowered by the county commissioners to 
appoint such deputies and clerical assistance as the business of their 
offices may require, said deputies and clerical assistants to receive 
such compensation as may be fixed by the county commissioners. 
No sheriff or county assessor shall be qualified to hold the term of 
office immediately succeeding the term for which he was elected. 
The salary and qualifications of the county superintendent shall be 
fixed by law. 



House Joint Resolution, approved 
March 9, 1895 (Laws 1895, 237) rati- 
fied Nov. 3, 1896. This is a second 
amendment, the original section hav- 
ing- been previously amended in 1894. 
(See Laws 1893, 2 24, for resolution of 
submission.) 

The section originally read as fol- 
lows: 

Sec. 6. The Legislature, by gen- 
eral and uniform laws, shall provide 



for the election biennially in each of 
the several counties of the State, of 
county commissioners, a sheriff, coun- 
ty treasurer, who is ex officio public 
administrator; probate judge who is 
ex officio county superintendent of 
public instruction; county assessor, 
who is ex officio tax collector; a cor- 
oner and a surveyor. The Clerk of 
the District Court shall be ex officio 
auditor and recorder. No other coun- 



COUNTY ORGANIZATION 



133 



ty offices shall be established, but the 
Legislature by general and uniform 
laws shail provide for the election of 
such township, precinct and munici- 
pal officers as public convenience may 
require, and shall prescribe their du- 
ties and fix their terms of office. The 
Legislature shall provide for the 
strict accountability of county, town- 
ship, precinct and municipal officers 
for all fees which may be collected 
by them, and for all public and mu- 
nicipal moneys which may be paid 
to them, or officially come into their 
possession. The county commission- 
ers may employ counsel when neces- 
sary. The sheriff, auditor and re- 
corder and Clerk of the District Court 
shall be empowered by the county 
commissioners to appoint such dep- 
uties and clerical assistance as the 
business of their offices may require, 
said deputies and clerical assistance 
to receive such compensation as may 
be fixed by the county commissioners. 
Xu sheriff or county assessor shall be 
qualified to hold the term of office 
immediately succeeding the term for 
which he was elected. 

Cited: Hillard v. Shoshone Co. 
(1891) 3 Ida. 103; 27 Pac. 678; Cun- 
ningham v. George (1892) 3 Ida. 45 6; 
31 Pac. 809; Sabin v. Curtis (1893) 3 
Ida. 662; 32 Pac. 1130; Campbell v. 
Commrs. Logan Co. (1894) 4 Ida. 
181; 37 Pac. 329; Ada Co. v. Gess 

(1895) 4 Ida. 611; 43 Pac. 71; State 
ex rel. Griffith v. Vineyard (1903) 9 
Ida. 134; 72 Pac. 824; In re Sly 
(1904) 9 Ida. 779; 76 Pac. 766; Felt- 
ham v. Board Commrs. (1904) 10 Ida. 
182; 77 Pac. 332; In re Rice (1906) 

.12 Ida. 305; 85 Pac. 1109. 

Effect of Amendment: A constitu- 
tional amendment separating two of- 
fices theretofore combined, which pro- 
vides that "the Legislature by gen- 
eral and uniform laws" shall pro- 
vide for the "election biennially" of 
such officers, is not self-executing, 
and does not go into full operation 
until such laws have been enacted, 
and a general biennial election has 
been held thereunder. Blake v. 
Board Commrs. (1897) 5 Ida. 163; 47 
Pac. 73 4. 

Employment of Counsel: The 

board of county commissioners has no 
authority to employ an attorney to 
act by the year as legal adviser for 
the county. Meller v. Board etc. Lo- 
gan Co. (1894) 4 Ida. 44; 3 5 Pac. 
(12; Hampton v. Commrs. Logan Co. 

(1896) 4 Ida. 646; 43 Pac. 324. The 
necessity for such employment must 
be apparent and the facts creating 
such necessity must be made a mat- 
ter of record by the commissioners. 
Hampton v. Commrs. Logan Co. 
(1896) 4 Ida. 646; 43 Pac. 324. And 
thev must act as a board. Conger v. 
Board Commrs. Latah Co. (1896) 4 
Ida. 740; 48 Pac. 1064. 

Where it is shown by the record 



of the county commissioners that the 
existence of a county is involved, and 
that the constitutionality of an act 
creating a new county is to be liti- 
gated, the county commissioners are 
justified in employing counsel. Rav- 
enscraft v. Board Commrs. (1897) 5 
Ida. 178; 47 Pac. 942. 

County commissioners may employ 
counsel only in matters over which 
they have jurisdiction and control; 
they cannot control or interfere with 
criminal prosecutions or employ 
counsel to assist the District Attorney 
in the conduct thereof. (Huston, J., 
dissents.) Conger v. Commrs. Latah 
Co. (1897) 5 Ida. 347; 48 Pac. 1064. 

Appointment of Deputies: The 
question of the appointment of depu- 
ties is submitted entirely to the dis- 
cretion of the county commissioners 
and the sheriff cannot appoint a dep- 
uty to assist him unless he is empow- 
ered so to do by the commissioners. 
Campbell v. Board Commrs. (1896) 5 
Ida. 53; 46 Pac. 1022. 

Where an officer is absent from his 
office by reason of illness or private 
business, the expense of employing a 
deputy to transact the business of the 
office is not a county charge. Wood- 
ward v. Board Commrs. Ida. Co. 
(1897) 5 Ida. 524; 51 Pac. 143. 

Before the county commissioners 
are authorized to empower the sheriff 
to appoint a deputy, they must find 
that the business of the office requires 
the assistance of a deputy so that a 
necessity exists for such appointment. 
(Huston. C. J., dissents.) Taylor v. 
Canyon Co. (1899) 6 Ida. 466; 56 Pac. 
168. 

No other county officers than those 
mentioned in this section are entitled 
to deputies or clerks at the expense 
of the county. Fremont Co. v. Bran- 
don (1899) 6 Ida. 482; 56 Pac. 264. 

The authorization of an appoint- 
ment of a deputy clerk and recorder 
by the county commissioners is not 
an infraction of the provisions of this 
section which prohibits the estab- 
lishment of county officers other than 
those therein enumerated. Dunbar v. 
Canyon Co. (1899) 6 Ida. 72 5; 59 Pac. 
536. 

Salaries of deputies duly and reg- 
ularly employed pursuant to author- 
ity conferred by the board of commis- 
sioners, are a county charge, but the 
salaries of deputies not so author- 
ized, are not a county charge. Taylor 
v. Canyon Co. (1900) 7 Ida. 171; 61 
Pac. 521. 

Repeal: This provision was not 
intended to repeal Sec. 1815 of the 
Revised Statutes, and the Act amend- 
atory thereof, any further than to re- 
lieve the county from the payment of 
all deputies' salaries except those ap- 
pointed by the sheriff, auditor, re- 
corder and clerk, when duiy empow- 
ered by the board of county commis- 
sioners, and the salaries of such dep- 
uties duly fixed. lb. 



134 



CONSTITUTION OF IDAHO 



Same : Salaries. 

Sec. 7. All county officers and deputies when allowed, shall re- 
ceive, as full compensation for their services, fixed annual salaries, 
to be paid quarterly out of the county treasury, as other expenses are 
paid. All actual and necessary expenses, incurred by any county of- 
ficer or deputy, in the performance of his official duties, shall be 
a legal charge against the county, and may be retained by him out 
of any fees, which may come into his hands. All fees, which may 
come into his hands from whatever source, over and above his actual 
and necessary expenses, shall be turned into the county treasury at 
the end of each quarter. He shall at the end of each quarter file 
with the clerk of the board of county commissioners, a sworn state- 
ment, accompanied by proper vouchers, showing all expenses incurred 
and all fees received, which must be audited by the board as 
other accounts. 



House Joint Resolution passed 
March 8, 1897 (Laws 1897, 185) rati- 
fied Nov. 8, 1898. 

The section prior to amendment 
read as follows: 

Sec. 7. The officers provided by 
section six (6) of this article shall 
receive annually as compensation for 
their services as follows: Sheriff, not 
more than four thousand dollars and 
not less than one thousand dollars, 
together with such mileage as may be 
prescribed by law; Clerk of the Dis- 
trict Court, who is ex officio auditor 
and recorder, not more than three 
thousand dollars, and not less than 
five hundred dollars; probate judge, 
who is ex officio county superintend- 
ent of public instruction, not more 
than two thousand dollars, and not 
less than five hundred dollars; coun- 
ty assessor, who is ex officio tax col- 
lector, not more than three thousand 
dollars and not less than five hundred 
dollars; county treasurer, who is ex 
officio public administrator, not more 
than one thousand dollars, and not 
less than three hundred dollars; cor- 
oner, not more than five hundred dol- 
lars; county surveyor, not more than 
one thousand dollars; county commis- 
sioners, such per diem and mileage as 
may be prescribed by law; and jus- 
tices of the peace and constables such 
fees as may be prescribed by law. 

Cited: Cunningham v. Moody 
(1891) 3 Ida. 125; 35 Am. St. Rep. 
269; 28 Pac. 395; Eakin v. Nez 
Perce Co. (1894) 4 Ida. 131; 36 Pac. 
702; Campbell v. Commrs. Logan Co. 
(1894) 4 Ida. 181; 37 Pac. 329; Nay- 
lor v. Vermont Loan etc. Co. (1898) 
6 Ida. 251; 55 Pac. 297; Taylor v. 
Canyon Co. (1900) 7 Ida. 171; 61 Pac. 
521. 

Compensation to Officers: A coun- 
ty officer who receives greater com- 
pensation for his services than is al- 
lowed by this section, is liable to the 
county for the excess, and may be 
sued by the county therefor, although 



the commissioners allowed his claim 
for the amount so received. Ada Co. 
v. Gess (1905) 4 Ida. 611; 43 Pac. 71. 

This action as amended abrogates 
Laws 1891, 177, as to sheriff's 
mileage in criminal cases and they 
are entitled to no mileage therein. El- 
lis v. Bingham Co. (1900) 7 Ida. 86; 
60 Pac. 79. 

This section as amended abrogates 
ture to empower the county commis- 
sioners of the various counties of the 
State to fix the salaries of county of- 
ficers of their respective counties, ex- 
cept in the matter of fixing their own 
salaries. The salary Act of March 
7, 1899, is conformable to the pro- 
visions of this section except in so 
far as it authorizes the commission- 
ers to fix their own salaries. Stookey 
v. Board Commrs. (1899) 6 Ida. 542; 
57 Pac. 312. 

Fees received by the county treas- 
urer in acting as ex-officio public ad- 
ministrator, must be accounted for 
and reported to the county and can- 
not be retained by the officer for his 
personal or individual use. In re Rice 
(1906) 12 Ida. 305; 85 Pac. 1109. 

Fees received by the clerk of the 
court in taking proof made upon gov- 
ernment lands, and legal fees re- 
ceived by the probate judge in sol- 
emnizing marriages, .must be paid in- 
to the county treasury. Rhea v. 
Board Co. Commrs. (1906) 12 Ida. 
455; 88 Pac. 89. 

Decisions Prior to Amendment: The 
clerk of the District Court, as such, 
and as auditor and recorder, cannot 
receive as compensation for his own 
use, for the performance of his du- 
ties in all these capacities, any sum 
in excess of $3,000 for any one year. 
Hillard v. Shoshone Co. (1891) 3 Ida. 
103; 27 Pac. 678. 

The maximum compensation to be 
paid to the assessor and tax collector 
is limited by this section to $3,000 
and he can in no event receive a 
larger sum. Guheen v. Curtis (1892) 
3 Ida. 443; 31 Pac. 805. 



COUNTY ORGANIZATION 



135 



Where the probate judge acts as 
his own clerk, his compensation as 
judge, clerk and county superintend- 
ent cannot exceed more than $2,000 
for all his services in that capacity; 
where he appoints a clerk, he and his 
clerk together cannot receive more 
than $2,000. Co. of Ada v. Ryals 
(1895) 4 Ida. 365; 39 Pac. 556. 



The object of this section was to 
make county offices self-sustaining 
and to limit the cost of maintenance 
to the fees provided by law, except 
when such fees do not amount to the 
minimum salary fixed by law. Wood- 
ward v. Board Commrs. Idaho Co. 
(1897) 5 Ida. 524; 51 Pac. 143. 



Same : How Paid. 

Sec. 8. The compensation provided in section seven (7) for the 
officers therein mentioned shall be paid by fees or commissions, or 
both, as prescribed by law. All fees and commissions received by 
such officers in excess of the maximum compensation per annum pro- 
vided for each in section seven (7) of this article shall be paid to 
the county treasurer for the use and benefit of the county. In case 
the fees received in any one year by any one such officer shall not 
amount to the minimum compensation per annum therein provided, 
he shall be paid by the county a sum sufficient to make his aggregate 
annual compensation equal to such minimum compensation. 



Cited: Hillard v. Shoshone Co. 
(1891) 3 Ida. 103; 27 Pac. 678; Eak- 
in v. Nez Perce Co. (1894) 4 Ida. 
131; 36 Pac. 702; Campbell v. 
Commrs. Logan Co. (189 4) 4 Ida. 
181; 37 Pac. 329; Co. of Ada v. Ry- 
als (1895) 4 Ida. 365; 39 Pac. 556; 
Taylor v. Canyon Co. (1900) 7 Ida. 
171; 61 Pac. 521. 

Payment of Officers: Rev. St. 
Sec. 2120, providing for the pay- 
ment of compensation of county offi- 
cers out of the county treasury upon 
warrants, is in some degree repug- 
nant to this section. Naylor v. Ver- 
mont Loan etc. Co. (1898) 6 Ida. 251; 
55 Pac. 2 97. 



Accountability for Fees: The fees 
"received" by an officer for which he 
must account to the county, include 
fees earned though not collected by 
the officer. lb. 

Salaries of Officers: Where the 
compensation of assessor is by stat- 
ute to be paid by commissions and 
fees, J the county commissioners ex- 
ceed their power in allowing an as- 
sessor a quarterly salary, and an or- 
der made by them allowing such sal- 
ary is void, and may be attacked di- 
rectly or collaterally. Fremont Co. 
v. Brandon (1899) 6 Ida. 482; 56 Pac. 
264. 



Same : Liability for Fees. 

Sec. 9. The neglect or refusal of any county officer or deputy to 
account for and pay into the county treasury any money received 
as fees or compensation, in excess of his actual and necessary ex- 
penses, incurred in the performance of his official duties, within ten 
days after his quarterly settlement with the county, shall be a felony, 
and the grade of the crime shall be embezzlement of public funds, 
and be punishable as provided for such offenses. 



House Joint Resolution, passed 
March 8, 1897 (Laws 1897, 185) rat- 
ified Nov. 8, 1898. 

The section prior to amendment 
read as follows: 

Sec. 9. The neglect or refusal of 
any officer named in this article to 
account for any pay into the county 
treasury any money received as fees 
or compensation in excess of the max- 
imum amount allowed to such officer 
by the provisions of this article, with- 
in forty days after the receipt of the 
same, shall be a felony, and the grade 



of the crime shall be the embezzle- 
ment of public moneys, and be pun- 
ishable as provided for such offense. 

Cited: Eakin v. Nez Perce Co. 
(1894) 4 Ida. 131; 36 Pac. 702; In re 
Rice (1906) 12 Ida. 305; 85 Pac. 1109. 

Application: This provision ap- 
plies only to the liability of a dere- 
lict officer criminally, and has noth- 
ing whatever to do with the civil lia- 
bility of the officer or his sureties. 
Co. of Ada v. Ellis (1897) 5 Ida. 333; 
48 Pac. 1071. 



136 



CONSTITUTION OF IDAHO 



Board of County Commissioners. 

Sec. 10. The board of county commissioners shall consist of three 
members, whose term of office shall be two years. 
Duties of Officers. 

Sec. 11. County, township and precinct officers shall perform such 
duties as shall be prescribed by law. 



Cited: Conger v. Commrs. Latah 
Co. (1897) 5 Ida. 347; 48 Pac. 1064; 
State ex rel Griffith v. Vineyard 



(1903) 9 Ida. 134; 72 Pac. 824; In re 
Sly (1904) 9 Ida. 779; 76 Pac. 766. 



ARTICLE 19. 
APPORTIONMENT. 



Section 
1. Senatorial districts. 



Section 
2. Representative districts. 



Senatorial Districts. 

Sec. 1. Until otherwise provided by law the apportionment of the 
two Houses of the Legislature shall be as follows: 

The first Senatorial District shall consist of the county of Sho- 
shone, and shall elect two Senators. 

The second shall consist of the counties of Kootenai and Latah, 
and shall elect one Senator. 

The third shall consist of the counties of Nez Perce and Idaho, 
and shall elect one Senator. 

The fourth shall consist of the counties of Nez Perce and Latah 
and shall elect one Senator. 

The fifth shall consist of the county of Latah and shall elect one 
Senator. 

The sixth shall consist of the county of Boise, and shall elect one 
Senator. 

The seventh shall consist of the county of Custer, and shall elect 
one Senator. 

The eighth shall consist of the county of Lemhi, and shall elect 
one Senator. 

The ninth shall consist of the county of Logan, and shall elect one 
Senator. 

The tenth shall consist of the county of Bingham, and shall elect 
one Senator. 

The eleventh shall consist of the counties of Bear Lake, Oneida 
and Bingham, and shall elect one Senator. 

The twelfth shall consist of the counties of Owyhee and Cassia, 
and shall elect one Senator. 

The thirteenth shall consist of the county of Elmore, and shall 
elect one Senator. 

The fourteenth shall consist of the county of Alturas, and shall 
elect one Senator. 

The fifteenth shall consist of the county of Ada, and shall elect 
two Senators. 



AMENDMENTS 



137 



The sixteenth shall consist of the county of Washington, and shall 
elect one Senator. 

Cited: Sabin v. Curtis (1893) 3 
Ida. 662; 32 Pac. 1130. 

Representative Districts. 

Sec. 2. The several counties shall elect the following members of 
the House of Representatives : 

The county of Ada, three members. 

The counties of Ada and Elmore, one member. 

The county of Alturas, two members. 

The county of Boise, two members. 

The county of Bear Lake, one member. 

The county of Bingham, three members. 

The county of Cassia, one member. 

The county of Custer, two members. 

The county of Elmore, one member. 

The county of Idaho, one member. 

The counties of Idaho and Nez Perce, one member. 

The county of Kootenai, one member. 

The county of Latah, two members. 

The counties of Kootenai and Latah, one member. 

The county of Logan, two members. 

The county of Lemhi, two members. 

The county of Nez Perce, one member. 

The county of Oneida, one member. 

The county of Owyhee, one member. 

The county of Shoshone, four members. 

The county of Washington, two members. 

The counties of Bingham, Logan and Alturas, one member. 

ARTICLE 20. 

AMENDMENTS. 



Section 

1. How amendments may be pro- 
posed. 

2. Submission of several amend- 
ments. 



Section 

3. Revision or amendment by con- 
vention. 

4. Submission of revised Constitu- 
tion to people. 



How Amendments May Be Proposed. 

Sec. 1. Any amendment or amendments to this Constitution may 
be proposed in either branch of the Legislature, and if the same shall 
be agreed to by two-thirds of all the members of each of the two 
houses, voting separately, such proposed amendment or amendments 
shall, with the yeas and nays thereon, be entered on their journals, 
and it shall be the duty of the legislature to submit such amendment 
or amendments to the electors of the State at the next general elec- 
tion, and cause the same to be published without delay for at least 
six consecutive weeks, prior to said election, in not less than one 
newspaper of general circulation published in each county; and if 
a majority of the electors shall ratify the same, such amendment or 
amendments shall become a part of this Constitution. 



138 



CONSTITUTION OF IDAHO 



Cited: Holmberg v. Jones (1901) 
7 Ida. 752; 65 Pac. 563. 

Proposal of Amendments: An 
amendment to the Constitution may 
be proposed by joint resolution and 
need not be presented to the people 
by a formal statute. Hays v. Havs 
(1897) 5 Ida. 154; 47 Pac. 732. 

Adoption of Amendments: Where 



a majority of electors voting upon 
the question of amendment of the 
Constitution vote in favor of the 
amendment, the amendment is rati- 
fied, although the votes thus cast are 
not a majority of the votes cast at 
the general election for State officers. 
Green v. St. Board Canvassers (1896) 
5 Ida. 130; 47 Pac. 259. 



Submission of Several Amendments. 

Sec. 2. If two or more amendments are proposed, they shall be 
submitted in such manner that the electors shall vote for or against 
each of them separately. 

Cited: Green v. State Board Can- 
vassers (1896) 5 Ida 130; 47 Pac. 
259. 

Revision or Amendment by Convention. 

Sec. 3. Whenever two-thirds of the members elected to each 
branch of the Legislature shall deem it necessary to call a convention 
to revise or amend this Constitution, they shall recommend to the 
electors to vote at the next general election for or against a conven- 
tion, and if a majority of all the electors voting at said election shall 
have voted for a convention, the Legislature shall at the next session 
provide by law for calling the same ; and such convention shall consist 
of a number of members not less than double the number of the most 
numerous branch of the Legislature. 



Cited: Green v. State Board Can- 
vassers (1896) 5 Ida. 130; 47 Pac. 



2 59; Holmberg v. Jones (1901) 7 Ida. 
752; 65 Pac. 563. 



Submission of Revised Constitution to People. 

Sec. 4. Any Constitution adopted by such convention, shall have 
no validity until it has been submitted to, and adopted by, the people. 



Cited: Green v. State Board Can- 
vassers (18 96) 5 Ida. 130; 47 Pac. 



259; Holmberg v. Jones (1901) 7 Ida. 
75 2; 65 Pac. 5 63. 



ARTICLE 21. 
SCHEDULE AND ORDINANCE. 



Section 
1. Judicial proceedings continued. 
Laws continued in force. 
Territorial fines and forfeitures 
accrue to State. 

Territorial bonds and obliga- 
tions pass to State. 

Territorial officers to continue in 
office. 

Submission of Constitution to 
electors. 

7. When Constitution takes effect. 

8. Election proclamation to be is- 
sued. 

9. Election to be ordered: Conduct 
of election. 

10. Canvass of election returns. 



Section 

11. Certificates of election. 

12. Qualification of officers. 

13. Tenure of office. 

14. Convention of first Legislature. 

15. Legislature to pass necessary 
laws. 

16. Transfer of cases to State 
courts. 

17. Seals of courts. 

18. Transfer of probate matters. 

19. Religious freedom guaranteed: 
Disclaimer of title to Indian 
lands. 

20. Adoption of Federal Constitu- 
tion. 

Signatures. 



SCHEDULE AND ORDINANCE 



139 



Judicial Proceedings Continued. 

Sec. 1. That no inconvenience may' arise from a change of the 
Territorial government to a permanent State government, it is de- 
clared that all writs, actions, prosecutions, claims, liabilities, and 
obligations against the Territory of Idaho, of whatsoever nature, 
and rights of individuals, and of bodies corporate, shall continue as if 
no change had taken place in this government; and all process which 
may, before the organization of the judicial department under this 
Constitution, be issued under the authority of the Territory of Idaho, 
shall be as valid as if issued in the name of the State. 

Laws Continued in Force. 

Sec. 2. All laws now in force in the Territory of Idaho which are 
not repugnant to this Constitution shall remain in force until they 
expire by their own limitation or be altered or repealed by the Leg- 
islature. 



Cited: Gilbert v. Moody (1891) 3 
Ida. 3; 25 Pac. 1092; Quayle v. Glenn 
(1899) 6 Ida. 549; 57 Pac. 308. 

Construction: "The words "limita- 
tion," "altered" and "repealed" as 
used in this section apply to all laws, 
special as well as general, in force at 



the date of the adoption of the Con- 
stitution, and not repugnant to any 
of its provisions. The word "altered" 
means "to make different without de- 
stroying identity; to vary without 
change." Butler v. City of Lewiston 
(1905) 11 Ida. 393; 83 Pac. 234. 



Territorial Fines and Forfeitures Accrue to State. 

Sec. 3. All fines, penalties, forfeitures, and escheats accruing to 
the Territory of Idaho shall accrue to the use of the State. 
Territorial Bonds and Obligations Pass to State. 

Sec. 4. All recognizances, bonds, obligations, or other undertak- 
ings heretofore taken, or which may be taken before the organiza- 
tion of the judicial department under this Constitution, shall remain 
valid, and shall pass over to and may be prosecuted in the name of 
the State; and all bonds, obligations or other undertakings executed 
by this Territory, or to any other officer in his official capacity, shall 
pass over to the proper State authority, and to their successors in 
office, for the uses therein respectively expressed, and may be used 
for and recovered accordingly. All criminal prosecutions and penal 
actions which have arisen, or which may arise before the organiza- 
tion of the judicial department under this Constitution, and which 
shall then be pending, may be prosecuted to judgment and execution 
in the name of the State. 

Territorial Officers to Continue in Office. 

Sec. 5. All officers, civil and military, now holding their offices 
and appointments in this Territory under the authority of the United 
States, or under the authority of this Territory, shall continue to 
hold and exercise their respective offices and appointments until sus- 
pended under this Constitution. 

Submission of Constitution to Electors. 

Sec. 6. This Constitution shall be submitted for adoption or re- 
jection, to a vote of the electors qualified by the laws of this Territory 
to vote at all elections at an election to be held on the Tuesday next 



140 CONSTITUTION OF IDAHO 



after the first Monday in November, A. D., 1899. Said election shall 
be conducted in all respects in the same manner as provided by the 
laws of the Territory for general election, and the returns thereof 
shall be made and canvassed in the same manner and by the same 
authority as provided in cases of such general elections and abstracts 
of such returns duly certified shall be transmitted to the Board of 
Canvassers now provided by law for canvassing the return of votes 
for Delegate to Congress. The said Canvassing Board shall canvass 
the votes so returned and certify and declare the result of said elec- 
tion in the same manner, as is required by law for the election of said 
Delegate. 

At the said election the ballots shall be in the following form: 
For the Constitution — yes ; no. 

And as a heading of each of said ballots shall be printed on each 
ballot, the following instructions to voters: 

All persons who desire to vote for the Constitution, or any of the 
articles submitted to a separate vote, may erase the word "no." 

All persons who desire to vote against the Constitution, or against 
any article submitted separately may erase the word "yes." 

Any person may have printed or written on his ballot only the 
words, "For the Constitution," or "Against the Constitution," and 
such ballots shall be counted for or against the Constitution accord- 
ingly. 

When Constitution Takes Effect. 

Sec. 7. This Constitution shall take effect and be in full force im- 
mediately upon the admission of the Territory as a State. 
Election Proclamation to be Issued. 

Sec. 8. Immediately upon the admission of the Territory as a 
State, the Governor of the Territory, or in case of his absence or 
failure to act, the Secretary of the Territory, or in case of his ab- 
sence or failure to act, the president of this convention, shall issue 
a proclamation, which shall be published, and a copy thereof mailed 
to the chairman of the board of county commissioners of each county, 
calling an election of the people of all State, district, county, township, 
and other officers, creative and made elective by this Constitution, 
and fixing a day for such election, which shall not be less than forty 
days after the date of such proclamation, nor more than ninety days 
after the admission of the Territory as a State. 

Cited: Doan v. Board of Oommrs. 
Logan Co. (1891) 3 Ida. 38; 26 Pac. 
157. 

Election to be Ordered : Conduct of Election. 

Sec. 9. The board of commissioners of the several counties shall 
thereupon order such election for said day, and shall cause notice 
thereof to be given, in the manner and for the length of time provided 
by the laws of the Territory in cases of general elections for delegate 
to Congress and county and other officers. Every qualified elector 
of the Territory, at the date of said election, shall be entitled to a vote 
thereat. Said election shall be conducted in all respects in the same 
manner as provided by the laws of the Territory for general elections, 



SCHEDULE AND ORDINANCE 141 



and returns thereof shall be made and canvassed in the same manner 
and by the same authority as provided in cases of such general elec- 
tion; but returns for all State and district officers and members of 
the Legislature, shall be made to the Canvassing Board hereinafter 
provided for. 

Canvass of Election Returns. 

Sec. 10. The Governor, Secretary, Controller, and Attorney Gen- 
eral of the Territory, and the president of this convention, or a ma- 
jority of them, shall constitute a Board of Canvassers to canvass the 
vote at such elections for all State and district officers and mem- 
bers of the Legislature. The said board shall assemble at the seat 
of government of the Territory, on the thirtieth day after the date 
of such election (or on the following day if such day fall on Sunday), 
and proceed to canvass the vote for all State and District officers and 
members of the legislature, in the manner provided by the laws of 
the Territory for canvassing the vote for Delegate to Congress, and 
they shall issue certificates of election to the persons found to be 
elected to said offices severally, and shall make and file with the Sec- 
retary of the Territory an abstract certified by them, of the number 
of votes cast for each person for each of said offices and of the total 
number of votes cast in each county. 

Certificates of Election. 

Sec. 11. The Canvassing Boards of the several counties shall issue 
certificates of election to the several persons found by them to have 
been elected to the several county and precinct offices. 

Qualification of Officers. 

Sec. 12. All officers elected at such election shall, within thirty 
days after they have been declared elected, take the oath required 
by this Constitution and give the same bond required by the law of 
the Territory to be given in case of like officers of the Territory dis- 
trict or county, and shall thereupon enter upon the duties of their 
respective offices; but the Legislature may require by law all such 
officers to give other or further bonds as a condition of their con- 
tinuance in office. 

Tenure of Office. 

Sec. 13. All officers elected at said election, shall hold their offices 
until the Legislature shall provide by law, in accordance with this 
Constitution, for the election of their successors and until such suc- 
cessors shall be elected and qualified. 

Convention of First Legislature. 

Sec. 14. The Governor-elect of the State, immediately upon his 
qualifying and entering upon the duties of his office, shall issue his 
proclamation convening the Legislature of the State at the seat of 
government on a day to be named in said proclamation and which 
shall not be less than thirty nor more than sixty days after the date 
of such proclamation. Within ten days after the organization of the 
Legislature both houses of the Legislature shall then and there pro- 
ceed to elect, as provided by law, two Senators of the United States 



142 CONSTITUTION OF IDAHO 



for the State of Idaho. At said election. the two persons who shall 
receive the majority of all the votes cast by said Senators and Repre- 
sentatives, shall be elected as such United States Senators, and shall 
be so declared by the presiding officers of said joint session. The 
presiding officers of the Senate and House, shall issue a certificate 
to each of said Senators, certifying his election, which certificates 
shall also be signed by the Governor and attested by the Secretary 
of State. 

Cited: Goodnight v Moody (1891) 
3 Ida. 7; 26 Pac. 121. 

Legislature to Pass Necessary Laws. 

Sec. 15. The Legislature shall pass all necessary laws to carry into 
effect the provisions of this Constitution. 

Transfer of Cases to State Courts. 

Sec. 16. Whenever any two of the Judges of the Supreme Court 
of the State, elected under the provisions of this Constitution, shall 
have qualified in their offices, the causes then pending in the Supreme 
Court of the Territory, and the papers, records, and proceedings of 
said court, and the seal and other property pertaining thereto, shall 
pass into the jurisdiction and possession of the Supreme Court of 
the State and until so superseded the Supreme Court of the Territory 
and the Judges thereof shall continue, with like powers and jurisdic- 
tion, as if this Constitution had not been adopted. Whenever the 
Judge of the District Court of any district elected under the provis- 
ions of this Constitution, shall have qualified in office, the several 
causes then pending in the District Court of the Territory, within any 
county in such district, and the records, papers, and proceedings of 
said District Court, and the seal and other property pertaining there- 
to shall pass into the jurisdiction and possession of the District Court 
of the State for such county; and until the District Courts of this 
Territory shall be superseded in the manner aforesaid the said Dis- 
trict Courts and the Judges thereof shall continue with the same 
jurisdiction and power to be exercised in the same judicial districts 
respectively, as heretofore constituted under the laws of the Terri- 
tory. 

Seals of Courts. 

Sec. 17. Until otherwise provided by law, the seals now in use 
in the Supreme and District Courts of this Territory are hereby de- 
clared to be the seals of the Supreme and District Courts, respectively, 
of the State. 

Transfer of Probate Matters. 

Sec. 18. Whenever this Constitution shall go into effect, the books, 
records, and papers, and proceedings of the probate court in each 
county, and all causes and matters of administration and other mat- 
ters pending therein, shall pass into the jurisdiction and possession 
of the probate court of the same county of the State, and the said 
probate court shall proceed to the final decree and judgment, order, or 
other determination in the said several matters and causes as the 



SCHEDULE AND ORDINANCE 



143 



said probate court might have done if this Constitution had not 
been adopted. 

Religious Freedom Guaranteed: Disclaimer of Title to Indian Lands. 

Sec. 19. It is ordained by the State of Idaho that perfect tolera- 
tion of religious sentiment shall be secured, and no inhabitant of 
said State shall ever be molested in person or property on account 
of his or her mode of religious worship. And the people of the State 
of Idaho do agree and declare that we forever disclaim all right and 
title to the unappropriated public lands lying within the boundaries 
thereof, and to all lands lying within said limits, owned or held by 
any Indians or Indian tribes; and until the title thereto shall have 
been extinguished by the United States, the same shall be 
subject to the disposition of the United States and said Indian lands 
shall remain under the absolute jurisdiction and control of the Con- 
gress of the United States; that the lands belonging to citizens of 
the United States, residing without the said State of Idaho, shall 
never be taxed at a higher rate than the lands belonging to the 
residents thereof. That no taxes shall be imposed by the State on 
the lands or property therein belonging to, or which may hereafter 
be purchased by, the United States, or reserved for its use. And 
the debts and liabilities of this Territory shall be assumed and paid 
by the State of Idaho. That this ordinance shall be irrevocable, with- 
out the consent of the United States and the people of the State of 
Idaho. 

Adoption of Federal Constitution. 

Sec. 20. That in behalf of the people of Idaho, we in convention 
assembled, do adopt the Constitution of the United States. 



Effect: This section does not im- 
pose upon the State all the provisions 
of the Federal Constitution. Rankin 



v. Jauman (1894) 4 Ida. 53; 36 Pac. 
502. 



Signatures. 

Done in open convention, at Boise City, in the Territory of Idaho, 
this sixth day of August, in the year of our Lord one thousand eight 
hundred and eighty-nine. 



Wm. H. CLAGETT, President, 

GEO. AINSLEE, 

W. C. B. ALLEN, 

ROB'T. ANDERSON, 

H. ARMSTRONG, 

ORLANDO B. BATTEN, 

FRANK W. BEANE, 

JAS. H. BEATTY, 

J. W. BALLENTINE, 

A. D. BEVAN, 

HENRY B. BLAKE, 

FREDERICK CAMPBELL, 

FRANK P. CAVANAH, 

A. S. CHANEY, 

CHAS. A. CLARK, 



I. N. COSTON, 

JAS. I. CRUTCHER, 

STEPHEN S. GLIDDEN, 

JOHN S. GRAY, 

Wm. W. HAMMEL, 

H. S. HAMPTON, 

H. 0. HARKNESS, 

FRANK HARRIS, 

SOL. HASBROUK, 

C. M. HAYS, 

W. B. HEYBURN, 

JOHN HOGAN, 

J. M. HOWE, 

E. S. JEWELL, 

G. W. KING, 



Vol. 1 — 6 



144 



CONSTITUTION OF IDAHO 



H. B. KINPORT, 

JAS. W. LAMOREAUX, 

JOHN LEWIS, 

Wm. c. maxey, 

A. E. MAYHEW, 
W. J. McCONNEL, 
HENRY MELDER, 
JOHN H. MYER, 
JOHN T. MORGAN, 
A. B. MOSS, 
AARON F. PARKER, 
A. J. PIERCE, 
A. J. PINKHAM, 
J. W. POE 
THOS. PYEATT, 
JAS. W. REID, 
W. D. ROBBINS, 



Wm. H. SAVIDGE, 
AUG. M. SINNOTT, 
JAMES M. SHOUP, 
DREW W. STANROD, 
FRANK STEUNENBERG, 
HOMER STULL, 
WILLIS SWEET, 
SAM F. TAYLOR, 
J. L. UNDERWOOD, 
LYCURGUS VINEYARD, 
J. S. WHITTON, 
EDGAR WILSON, 
W. W. WOODS, 
JOHN LEMP, 
N. I. ANDREWS, 
SAMUEL J. PRITCHARD, 
J. W. BRIGHAM. 



INDEX TO CONSTITUTION 



Art. Sec. 
ACTIONS 

forms abolished 5 1 

territorial continued by 

State . 21 1 

ADJUTANT GENERAL 

to preserve military records. .14 4 

ALIENS 

employment on public works 

prohibited 13 5 

AMENDMENTS 

to Constitution, see Constitution. 

APPROPRIATIONS 

money to be drawn only pur- 
suant to 7 13 

not to exceed revenue 7 11 

sectarian prohibited 9 5 

veto by Governor 4 11 

APPORTIONMENT 

of Legislature 19 1,2 

ARBITRATION, BOARD OF 

see Board of Arbitration. 

ARMS 

right to bear 1 11 

ASSEMBLY 

right guaranteed 1 10 

ASSESSOR 

cannot succeed himself 18 6 

election 18 6 

ATTORNEY GENERAL 

Member of Board of Educa- 
tion 9 2 

member of Board of Equali- 
zation 7 12 

member of Board of Pardons 4 7 

member of Land Board 9 7 

member of State Prison 

Board 4 18 

qualifications 4 3 

salary 4 19 

vacancy filled by appoint- 
ment 4 6 

AUDITOR 

see State Auditor and County 
Auditor 

BAIL 

excessive prohibited 1 6 

guaranty 1 6 



Art. Sec. 
BILLS OF ATTAINDER 

prohibited 1 16 

BOARD OF ARBITRATION 

Legislature may provide for. 13 7 
powers 13 7 

BOARD OF EDUCATION 

constitution 9 2 

B'RD OF EQUALIZATION, 
COUNTY 

constitution and powers.... 7 12 

B'RD OF EQUALIZATION, 
STATE 
constitution and duties 7 12 

BOARD OF EXAMINERS 

constitution and powers 4 18 

B'RD OF LAND COM'S'NRS 

duties with respect to lands. 9 8 
constitution and powers.... 9 7 

BOARD OF STATE PRISON 
COMMISSIONERS 
constitution and powers.... 4 18 

BOARD OF PARDONS 

constitution and powers 4 7 

proceedings 4 7 

BOISE 

seat of government 10 2 

terms of Supreme Court. ... 5 8 

BONDS 

territorial to pass to State.. 21 4 

BOUNDARIES 

of State 17 1 

CERTIORARI 

jurisdiction of Supreme 

Court 5 9 

CHILDREN 

employment in mines prohib- 
ited 13 4 

CITIES 

not to aid corporations 12 4 

CITIES AND VILLAGES 
debts not to be assumed by 

State 12 3 

extraordinary indebtedness . . 8 3 
incorporation under general 

laws 12 1 



146 



INDEX TO CONSTITUTION 



Art. 
CITIES AND VILLAGES — 
Cont'd. 
may make police reulations.12 

not to lend credit 8 

not to make sectarian appro- 
priations 9 

taxes to be levied by 7 

CLERK OF DISTRICT COURT 

election and qualification ... 5 

is auditor and recorder 18 

may appoint deputies, when. 18 

CLERK OF SUPREME COURT 

appointment, term of office 
and compensation 5 

COMMISSIONER OF IMMI- 
GRATION 

see Immigration and Labor 

COMMON CARRIERS 

discriminations and prefer- 
ences prohibited 11 

legislative control 11 

railroads, transportation and 
express companies are.... 11 

CONSTITUTION 

amendments — 

adoption of revised Consti- 

tion 18 

by convention 20 

how proposed 20 

how proposed, separate 

amendments 20 

ratification by election. . .20 
election for ratification. . .21 
when effective 21 

CONTRACTS 

impairment of obligation .... 1 

CONVICTS 

labor restricted 13 

CORONER 

election 18 

CORPORATIONS 

acceptance of Constitution 

by 11 

consolidation with foreign 

corporations 11 

definition 11 

directors, election, cumulative 

voting 11 

dues, how secured 11 

existing charters annulled.. 11 
not to receive municipal aid. 12 
organization under general 

laws 11 

retroactive laws prohibited. .11 
revocation of charters au- 
thorized 11 

special charters prohibited ..11 
stock, fictitious increase pro- 
hibited 11 



Sec. 



16 
6 
6 



15 



16 
3 
6 



14 
16 

4 

17 

1 

4 

2 
12 

3 
2 



Art Sec 
CORPORATIONS — Cont'd. 

stock, increase of 11 9 

stockholders, individual lia- 
bility restricted 11 17 

State not to become 8 2 

taxation of 7 8 

telegraph and telephones au- 
thorized 11 13 

COUNSEL 

right to in criminal cases... 1 13 

COUNTIES 

Area of new counties 18 4 

county seat, removal 18 2 

debts not to be assumed by 

State 12 3 

division of counties 18 3 

extraordinary indebtedness.. 8 3 
finances, system to be provid- 
ed by Legislature 7 15 

finances, warrant redemption 

fund 7 15 

legal subdivisions of State. . .18 1 

legislative districts 3 5 

I legislature to establish gov- 
ernment 18 5 

not to aid corporations .... 12 4 

not to lend credit 8 4 

not to make sectarian appro- 
priations 9 5 

taxes to be levied by 7 6 

valuation of new counties . . 18 4 

COUNTY ATTORNEYS 

see Prosecuting Attorney 

COUNTY AUDITOR 

clerk of District Court is... 18 6 
appointment of deputies . . 18 6 

COUNTY COMMISSIONERS 

constitute board of equaliza- 
tion 7 12 

election and powers 18 6 

may employ counsel 18 6 

number and term of off ice.. 18 10 

to levy special tax 7 15 

COUNTY SEATS 

removal 18 2 

COUNTY SUPERINTENDENT 

election 18 6 

salary and qualifications, 

how fixed 18 6 

COUNTY TREASURER 

election 18 6 

COUNTY TREASURY 

money to be drawn, how.... 7 14 

COURTS 

District Courts — 

clerk 5 16 

Judicial districts 5 24 

jurisdiction 5 20 



INDEX TO CONSTITUTION 



147 



Art. Sec. 
COURTS — Cont'd. 

number of districts 5 11 

transfer of Territorial 

proceedings 21 16 

terms 5 11 

enumeration 5 2 

laws to be uniform 5 26 

legislative power over 5 13 

municipal courts, establish- 
ment 5 14 

open to all 1 18 

probate courts — 

jurisdiction 5 21 

transfer of Territorial pro- 
ceedings 21 18 

seals, Territorial to be used. 21 17 
Supreme Court — 
transfer of Territorial pro- 
ceedings 21 .16 

claims against State .... 5 10 

clerk 5 15 

constitution 5 6 

jurisdiction 5 9 

terms 5 8 

CREDIT 

cities, counties etc., not to 

lend 8 4 

of State not to be loaned . . 8 2 

CRIMINAL^ PROSECUTIONS 

presentment, indictment or 

information necessary .... 1 8 

right to appear and defend . . 1 13 

right to speedy trial 1 13 

Territorial to be prosecuted 

by State 21 4 

DEBT 

imprisonment for abolished. 1 15 
of counties and cities not to 

be assumed by State .... 12 3 

DECLARATION" OF RIGHTS 

arms, right to bear 1 11 

assembly 1 10 

bail 1 6 

bills of attainder, etc., pro- 
hibited 1 16 

courts open to all 1 18 

criminal prosecutions: rights 

of accused 1 13 

due process of law 1 13 

eminent domain 1 14 

freedom of speech 1 9 

habeas corpus 1 5 

Idaho a part of Union 1 3 

imprisonment for debt abol- 
ished 1 15 

inalienable rights of man . . 1 1 
indictment or information 

prerequisite to prosecution 1 8 

jury trial 1 7 

military subordinate to civil 

power 1 12 



Art. Sec. 
DECLARATION OF RIGHTS 

—Cont'd. 

petition 1 10 

political power inherent in 

people 1 2 

property qualifications on 

suffrage prohibited 1 20 

religious freedom 1 4 

reserved rights not impaired 1 21 
suffrage to be freely exer- 
cised 1 19 

unreasonable searches and 

seizures prohibited 1 17 

DETECTIVE AGENCIES 

not to be imported except. . . .14 6 

DISTRIBUTION OF POWERS 

2 
DISTRICT COURTS 

see Courts, District Court 

DUE PROCESS OF LAW 

right guaranteed 1 13 

EDUCATION 

see schools, university and board of 
education 

ELECTIONS 

canvass of first election. .. .21 10 

certificates of first election . .21 11 

disqualifications to vote, etc.. 6 3 

free exercise of suffrage.... 1 19 
notice and conduct of first 

election 21 9 

proclamation of first election. 21 8 
property qualifications pro- 
hibited 1 20 

qualifications may be pre- 
scribed by Legislature .... 6 4 
qualifications of voters .... 6 2 
residence not gained or lost, 

when 6 5 

secret ballot guaranteed .... 6 1 

EMBEZZLEMENT 

neglect of county officer to 

account for fees 18 9 

EMINENT DOMAIN 

condemnation of water 

rights 15 3 

corporate property may be 

taken 11 8 

irrigation and mining pur- 
poses 1 14 

right guaranteed and lim- 
ited 1 14 

right not to be abridged ... .11 8 

EXECUTIVE DEPARTMENT 
accounts and reports of offi- 
cers 4 17 

distinct branch of govern- 
ment 2 1 

duties of officers in general. 4 1 



148 



INDEX TO CONSTITUTION 



Art. Sec. 
EXECUTIVE DEPARTMENT 
— Cont'd. 

election of officers 4 2 

fees of officers 4 19 

of whom constituted 4 1 

qualifications 4 3 

residence of officers 4 1 

salaries of officers 4 19 

see Governor and other specific offi- 
cers 

EXEMPTION (from taxation) 

existing exemptions con- 
tinued 7 5 

may be provided by Legisla- 
ture 7 2 

public property exempt .... 7 4 

EX POST FACTO LAWS 

prohibited 1 16 

ESCHEATS 

Territorial accrue to State.. 21 3 

FEDERAL CONSTITUTION 

adopted for State 21 20 

supreme law of land 1 3 

FEES 

liability of county officers . . 18 6 
neglect of county officers to 

account for a felony 18 9 

FEIGNED ISSUES 

prohibited 5 1 

FELONY 

neglect of county officers to 

account for fees 18 9 

profiting from revenue 7 10 

FINANCE AND REVENUE 

see revenue 
FINES 

excessive prohibited 1 6 

Territorial accrue to State. 21 3 

FLAG 

State and Federal only to be 

carried 14 5 

FOREIGN CORPORATIONS 

preferences to prohibited ... .11 10 
resident aliens, etc., re- 
quired 11 10 

FORFEITURES 

Territorial accrue to State. .21 3 

FRANCHISES 

right to collect water rates 

a franchise 15 2 

restriction on alienation ... 11 15 

FRAUD 

imprisonment for debt 1 15 

GOVERNOR 

accounts for money expended 4 8 
appointment of officers .... 4 6 



4 
8 

4 
4 

9 

7 
8 

12 

7 

7 

18 

8 

14 
3 

7 
19 
14 



• Art. Sec 
GOVERNOR — Cont'd. 

appoints directors of insane 

asylum 10 € 

commander in chief of mili- 
tia 4 

estimate of expenditures .... 4 

impeachment 5 

may call out militia 4 

may call special session of 

Legislature 4 

may grant reprieve 4 

may require reports 4 

member Board of Equaliza- 
tion 7 

member Board of Pardons . . 4 

member Land Board 9 

member State Prison Board. 4 

message to Legislature 4 

president of Senate, to act 

when 4 

qualifications 4 

report of pardons, etc 4 

salary 4 

Speaker to act, when 4 

supreme executive power vest- 
ed in 4 

to appoint immigration com- 
missioner 13 

to commission militia offi- 
cers 14 

to sign grants 4 

vacancy filled by Lieutenant 

Governor 4 

veto of appropriation bills. . 4 
veto power 4 

GRAND JURY 

when and how summoned... 1 
HABEAS CORPUS 

guaranty 1 

IMMIGRATION AND LABOR 

13 

bureau established 13 

commissioner — 

appointment and duties . . 13 
duties and compensation . . 13 

IMPEACHMENTS 

judgment of conviction 5 

power vested in House 5 

trial by Senate 5 

vote necessary to convict .... 5 

IMPRISONMENT 

for debt abolished 1 

INDEBTEDNESS 
OF COUNTIES 

creation of extraordinary . . 8 3 
INDEBTEDNESS OF STATE 

extraordinary : submission to 

popular vote 8 1 

limit of 8 1 



3 

16 

12 
11 
10 



15 



INDEX TO CONSTITUTION 



149 



Art. Sec. 
INDIAN RESERVATIONS 

disclaimer of title to 21 19 

INDICTMENT 

OR INFORMATION 
when necessary 1 8 

INSANE ASYLUMS 

directors, appointment and 

powers 10 6 

medical superintendent, ap- 
pointment 10 6 

IRRIGATION 

see water rights 

JEOPARDY 

twice in jeopardy prohibited. 1 13 
JUDICIAL DEPARTMENT.. 5 
distinct branch of govern- 
ment 2 1 

enumeration of courts 5 2 

vacancies, how filled 5 19 

JUDGES 

District Judges — 

election and term of office. 5 11 
may hold court out of dis- 
trict 5 12 

qualifications 5 23 

qualifications and residence 5 12 

salaries 5 17 

to report to Supreme 

Judges 5 25 

Supreme Judges — 
election and term of office. 5 6 
ineligible to other offices . . 5 7 

report to Governor 5 25 

salaries 5 17 

vacancies in office, appoint- 
ment 4 6 

JURY 

trial by, guaranteed 1 7 

waiver of trial by 1 7 

JUSTICE 

free and speedy administra- 
tion 1 18 

JUSTICES OF THE PEACE 

jurisdiction 5 22 

LABOR 
aliens not to be employed on 

public works 13 5 

arbitration of dispute 13 7 

child labor in mines prohib- 
ited 13 4 

convict labor restricted 13 3 

day's work on public works. .13 2 

protection of health 13 2 

LAWS 

see Statutes 
LEGISLATIVE DEPARTMENT 
a distinct branch of govern- 
ment 2 1 

see Legislature 



Art. Sec. 
LEGISLATURE 

adjournments 3 9 

apportionment 3 4 

bills, manner of passage .... 3 15 

bills, origin and amendment 3 14 

compensation of members . . 3 23 

constitution of houses 3 2 

convention of first Legisla- 
ture 21 14 

establishment of maximum 

water rates 15 6 

expulsion of members 3 11 

failure to effect organiza- 
tion 3 10 

journal to be kept 3 13 

journal: yeas and nays to be 

entered 3 13 

legislative power vested .... 3 1 

lotteries not to be authorized. 3 20 

majority to concur in bills . . 3 15 
may alter compensation of 

officers 5 27 

may establish Boards of Ar- 
bitration 13 7 

may establish municipal 

courts 5 14 

may fix compensation of offi- 
cers 4 19 

may impose license taxes .... 7 2 

may protect live stock 16 1 

may provide exemptions from 

taxation 7 2 

may provide for revoking 

charters 11 3 

may remove public institu- 
tions 10 7 

may require compulsory 

school attendance 9 9 

mileage of members 3 23 

nok to create excessive in- 
debtedness 8 1 

not to impose municipal taxes 7 6 
not to make sectarian appro- 
priations 9 5 

not to pass retroactive corpo- 
rate laws 11 12 

oath of members 3 25 

officers to be chosen by .... 3 9 

pardon of treasons 4 7 

power over courts 5 13 

privileges of members 3 7 

qualification of members .... 3 6 

quorum 3 10 

regulation of telegraph con- 
nections 11 13 

representative districts 3 5 

rules of procedure 3 9 

rules to be determined by 

each house 3 9 

secret sessions prohibited.... 3 12 

senatorial districts 3 5 

sessions: time of meeting... 3 8 

special sessions 4 9 



150 



INDEX TO CONSTITUTION 



^Avt Sec 
LEGISLATURE Cont'd. 

terms of members 3 3 

to pass necessary laws ... .21 15 

to pass revenue laws 7 16 

to establish county govern- 
ment 18 5 

to establish school system . . 9 1 
to levy a valuation tax .... 7 2 
to provide for corporation 

elections 11 4 

to provide for county elec- 
tions 18 6 

to provide for incorporation 

of cities 12 1 

to provide for mechanics' 

liens 13 6 

to provide for sale, etc., of 

lands 9 8 

to provide general corpora- 
tion laws 11 2 

to provide system of county 

finance 7 15 

veto power of Governor .... 4 10 

LEWISTON 

terms of Supreme Court ... 5 8 
LICENSES 

Legislature may impose tax. 7 2 

LIEUTENANT GOVERNOR 

president of Senate 4 13 

president of Senate, to act 

when 4 13 

qualifications 4 3 

to fill vacancy in office of 

Governor 4 12 

LIVE STOCK 16 

Legislature may provide pro- 
tection 16 1 

LIBERTY 

of conscience and worship . . 1 4 
of speech and writing 1 9 

LOTTERIES 

authorization by Legislature 
prohibited 3 20 

MANDAMUS 

jurisdiction of Supreme 

Court 5 9 

MECHANICS' LIENS 

Legislature may provide for. 13 6 

MILITIA 14 

enrollment and exemptions . . 14 1 

flags to be carried 14 5 

Governor is commander .... 4 4 
Legislature to provide for . . 14 2 
officers, selection and com- 
mission 14 3 

MILITARY 

subordinate to civil power. . 1 12 



Art. Sec. 
MILITARY RECORDS 

to be preserved by adjutant 

general 14 4 

MINES 

employment of children pro- 
hibited 13 4 

MINES AND MINING 

eminent domain 1 14 

MORALS 

Legislature to promote 3 24 

MUNICIPAL CORPORATIONS 

12 

see cities; counties 

OFFICERS 

accounts and reports 4 17 

appointment by Governor. ... 4 6 

compensation may be altered 5 27 

county — 

compensation, how paid... 18 8 
deputies and assistants. 18 6 
enumeration and election . . 18 6 

liability for fees 18 6 

may retain expenses from 

fees 18 7 

neglect to account for fees 

a felony 18 9 

report of fees and ex- 
penses 18 7 

to perform required du- 
ties 18 11 

to receive quarterly sala- 
ries 18 7 

making profit from revenue 

prohibited 7 10 

qualification of officers un- 
der first election 21 12 

qualifications of State execu- 
tive 4 3 

report to Governor 4 8 

tenure of office under first 

election 21 13 

Territorial to continue in of- 
fice 21 5 

women may hold school offices 6 2 

PARDONS 

see Board of Pardons 

PENITENTIARY 

warden, appointment and 

powers 10 5 

PETITION 

right guaranteed 1 10 

POLICE POWERS 

not abridged in favor of cor- 
porations 11 8 

POLYGAMY 

prohibited 1 4 

PRECINCTS 

Legislature to provide for . . 18 5 



INDEX TO CONSTITUTION 



151 



Art. Sec. 
PRESIDENT OF SENATE 

to act as Governor 4 14 

PRISON 

see penitentiary and Board 
of State Prison Commis- 
sioners 

PROBATE COURTS 

see courts, probate courts 

PROBATE JUDGE 

election 18 6 

PROHIBITION 

jurisdiction of Supreme 

Court 5 9 

PROPERTY 

to be denned and classified. . 7 3 

PROSECUTING ATTORNEYS 
election, qualification and sal- 
ary 5 13 

PUBLIC ADMINISTRATOR 

see county treasurer 

PUBLIC INDEBTEDNESS 

AND SUBSIDIES 8 

PUBLIC INSTITUTIONS 10 

removal by Legislature 10 7 

to be established by State ..10 1 

PUBLIC LANDS 

Legislature to provide for 

sale, etc 9 8 

limitations on annual sale.. 9 8 
price not to be reduced to 

settlers 9 8 

price of school lands 9 8 

price of university lands.... 9 10 

PUBLIC SCHOOL FUND 

loan of restricted 9 11 

of what consists 9 4 

to remain intact 9 3 

PUBLIC USES 

development of material re- 
sources 1 14 

preservation of health 1 14 

rights of way for irrigation 

and mining 1 14 

use of water 15 1 

PUNISHMENT 

cruel and unusual prohibited 1 6 

QUARANTINE 

against diseased live stock.. 16 1 

RAILROADS 

construction, connection and 

intersections 11 5 

discriminations and prefer- 
ences prohibited ; 11 6 

legislative control over rates. 11 5 

not to be constructed in cities 

without consent 11 11 

to be public highways 11 5 



Art. Sec. 
RECOGNIZANCES 

Territorial to pass to State. 21 4 

RECORDER 

clerk of District Court is.. 18 6 
may appoint deputies, when. 18 6 

RELIGION 

freedom of exercise guaran- 
teed 21 19 

public appropriations for 

prohibited 9 5 

tests not required of teach- 
ers, etc 9 6 

RELIGIOUS FREEDOM 

guaranty 1 4 

REPRESENTATIVES 

see Legislature 

RESERVED RIGHTS 

not impaired 1 21 

RESIDENCE 

for voting purposes 6 5 

RESTRAINT OF TRADE 

combinations prohibited .... 11 18 

REVENUE 

corporations to be taxed .... 7 8 
duplicate taxation prohibited 7 5 
equalization of taxes — 

see Board of equaliza- 
tion, State; and board 
of equalization, county. 

exemptions from taxation — 
see exemptions (from taxa- 
tion) 

fiscal year defined 7 1 

Legislature to impose valua- 
tion tax 7 2 

Legislature to pass laws .... 7 16 
profit not to be made from. . 7 10 
property to be defined and 

classified 7 3 

rate for State purposes .... 7 9 

special county taxes 7 15 

special tax to meet appropria- 
tions 7 11 

State taxes to be paid in full 7 7 
uniformity of taxation re- 
quired 7 5 

SALARIES 

of county officers 18 7 

SCHEDULE AND ORDI- 
NANCE 21 

SCHOOL DISTRICTS 

extraordinary indebtedness.. 8 3 

not to lend credit 8 4 

not to make sectarian ap- 
propriations 9 5 

SCHOOL LANDS 

see public lands 



152 



INDEX TO CONSTITUTION 



Art. Sec. 
SCHOOLS 

board of education to super- 
vise 9 2 

compulsory attendance may 

be required 9 9 

fund, of what consists 9 4 

fund to remain intact 9 3 

Legislature to establish sys- 
tem 9 1 

loan of funds 9 11 

religious test in teaching pro- 
hibited 9 6 

SEAL OF STATE 

custody and use 4 15 

to be affixed to grants 4 16 

SEARCHES AND SEIZURES 

unreasonable prohibited .... 1 17 

SEAT OF GOVERNMENT 

election to locate 10 3 

located at Boise 10 2 

SECRETARY OF STATE 

custody of great seal 4 15 

member Board of Education. 9 2 
member Board of Equal- 
ization 8 12 

member Board of Pardons . . 4 7 

member Land Board 9 7 

member State Prison Board . 4 18 

10 5 

qualifications 4 3 

to countersign grants 4 16 

salary 4 19 

vacancy filled by appoint- 
ment 4 6 

SENATE 

see Legislature 

SENATORS 

see Legislature 

SHERIFF 

cannot succeed himself .... 18 6 

election 18 6 

may appoint deputies, when. 18 6 

SOLDIERS 

not to be quartered 1 12 

SPEAKER OF HOUSE 

to act as Governor 4 14 

STATUTES 

amendments to be published 

in full 3 18 

bills: amendment or rejection 3 14 

bills may originate where. . 3 14 

bills must be printed ...... 3 15 

bills: signature by presiding 

officer 3 21 

creation of extraordinary 

debt 8 1 

emergency clauses 3 22 

enacting clauses 3 1 



19 
15 

12 
18 
19 
16 
17 
2 
22 
16 
15 
10 
15 



12 
3 

19 
6 



17 

8 



A_rt ^>ec 
STATUTES — Cont'd. 

local laws prohibited 3 

printing of bills 2 

retroactive in favor of cor- 
porations prohibited 11 

revision by title prohibited . . 3 

special laws prohibited 3 

subject to be single 3 

technical terms avoided .... 3 
Territorial continued in force 21 

time of taking effect 3 

title to express subject .... 3 

to be passed by bill 3 

veto power of Governor .... 4 
vote to be entered on journal 5 

STATE AUDITOR 

member Board of Equaliza- 
tion 7 

qualifications 4 

salary 4 

vacancy filled by appointment 4 

STATE BOUNDARIES 17 

STATE INSTITUTIONS 

accounts and reports of offi- 
cers 4 

investigation and report of 
condition 4 

STATE PRISON 

see penitentiary 

STREET RAILROADS 

not to be constructed in 
cities without consent . . 11 

STATE TREASURY 

appropriation necessary to 
authorize withdrawals ... 7 

STATE TREASURER 

custodian of school fund.... 9 
member Board of Equaliza- 
tion 7 

qualifications 4 , 

salary 4 

vacancy filled by appoint- 
ment 4 

SUFFRAGE 

free exercise guaranteed ... 1 
property qualifications pro- 
hibited 1 

see elections 

SUFFRAGE AND ELEC- 
TIONS 6 

SUPT. OF PUB. INSTRUC- 
TION 

member of Land Board .... 9 
president Board of Education 9 

qualifications 4 

salary 4 

vacancy filled by appointment 4 
SUPREME COURT 

see courts, Supreme Court 



11 



13 



12 

3 

19 



19 
20 



7 
2 
3 
19 
6 



INDEX TO CONSTITUTION 



153 



Art. Sec. 
SURVEYOR 

election 18 6 

TAX COLLECTOR 

sen assessor 

TELEGRAPHS AND TELE- 
PHONES 

connections with other lines. 11 13 
construction authorized 11 13 

TERRITORY 

institutions to pass to State. 10 4 

TREASON 

definition 5 5 

effect of conviction 5 5 

pardons, how granted 4 7 

TREASURER 

see State Treasurer and 
county treasurer 

TRUSTS 

contracts restraining trade 

prohibited 11 18 

UNITED STATES 

Idaho a part 1 3 

UNIVERSITY LANDS 

see public lands 



UNIVERSITY OF IDAHO 

location and rights confirmed 9 10 

price of lands 9 10 

regents to have supervision. 9 10 

WATER RIGHTS 15 

appropriation — 

priorities recognized 15 3 

right guaranteed 15 3 

domestic rights preferred. . .15 3 

eminent domain 1 14 

mining rights preferred, 

when 15 3 

priorities among purchasers . 15 5 
priorities, limitation on 

rights 15 5 

rates, how established 15 6 

right to collect rates a fran- 
chise 15 2 

sales, etc., equivalent to dedi- 
cation 15 4 

use of water a public use... 15 1 

WITNESSES 

self-criminating testimony 

not required 1 13 

WOMEN 

may vote and hold school of- 
fices 6 2 



THE 
REVISED CODES 

OF 

IDAHO 



AN ACT 



To Compile, Revise and Consolidate the General Laws of the 
State of Idaho, Repealing all Laws not Herein Contained 
or Hereby Continued in Force, and Declaring an Emer- 
gency. 

Be It Enacted by the Legislature of the State of Idaho : 

That the following Codes, Titles, Chapters, Articles and Sections 
shall constitute the "REVISED CODES OF IDAHO," and be in 
force as such: Provided, That nothing herein contained shall be 
construed to adopt or make of force as law the headlines preceding, 
or the notes following, any section, or any matter inserted by way of 
mere classification, cross reference or annotation. 



GENERAL 



PROVISIONS APPLICABLE 



TO 



ALL THE CODES 



GENERAL PROVISIONS APPLICABLE TO ALL 

THE CODES 



Section 
1. Divisions of Codes. 
When effective. 
Codes not retroactive. 
Codes liberally construed. 
Codes continue existing - law. 
Tenure of offices preserved. 
Certain offices to cease. 
Accrued rights and pending ac- 
tions not affected. 
Limitations not tolled. 
Holidays. 
Computations of time. 



2. 
3. 
4. 
5. 
6. 
7. 



9. 
10. 
11. 



Section 

12. Same: Obligations maturing on 
holidays. 

13. Seal defined. 

14. Joint authority construed. 

15. Construction of words and 
phrases. 

16. Statutory terms defined. 

17. General repeal of existing laws. 

18. Common law in force. 

19. Prior legislation repealed. 

20. Past offenses may be prosecuted. 



Divisions of Codes. 

Sec. 1. These Codes consisting of 
Part First, Political; 
Part Second, Civil; 
Part Third, Remedial; 
Part Fourth, Penal, 
constitute the Revised Codes of the State of Idaho. 

Historical: Rev. St. 1887, Sec. 1. 

When Effective. 

Sec. 2. An emergency existing therefor, these Revised Codes take 
effect immediately on their passage and approval by the Governor. 

Historical: New section by Com- 
missioner based on Rev. St. 1887, 
Sec. 2. 

Codes Not Retroactive. 

Sec. 3. No part of these Revised Codes is retroactive, unless ex- 
pressly so declared. 



Code 1872, Sec. 3; Deering's Code, ib. 
Kerr's Code, ib. 



Historical: Rev. St. 1887, Sec. 3. C. 
C. P. 1881, Sec. 2. 

California Legislation: Same: Pol. 

Codes Liberally Construed. 

Sec. 4. The rule of the common law that statutes in derogation 
thereof are to be strictly construed, has no application to these Re- 
vised Codes. The Revised Codes establish the law of this State re- 
specting the subjects to which they relate, and their provisions and all 
proceedings under them are to be liberally construed, with a view 
to effect their objects and to promote justice. 



160 



GENERAL CODE PROVISIONS 



Historical: Rev. St. 1887, Sec. 4. C. 
C. P. 1881, Sec. 3. 

California Legislation: Same: Pol. 
Code 1872, Sec. 4; Deering's Code, ib.; 
Kerr's Code, ib. 

Cited: State v. Inhabitants of Po- 
catello (1891) 3 Ida. 174; 28 Pac. 
411; Glidden v. Whittier et al. (1891) 
46 Fed. Rep. 437; McDonald v. Burke 
(1892) 3 Ida. 266; 35 Am. St. Rep. 
2 76; 28 Pac. 440; Wright v. West- 
heimer (1891) 3 Ida. 232; 28 Pac. 
430; Blackfoot Stock Co. v. Delamue 
(1892) 3 Ida. 291; 29 Pac. 97; Kelly 
v. Leachman (1893) 3 Ida. 672; 34 
Pac. 813; State v. Reed (1894) 3 Ida. 
754; 35 Pac. 706; Simmons Hdw. Co. 
v. Alturas Com. Co. (1895) 4 Ida. 334; 
39 Pac. 550; Shaw v. Manville (1895) 
4 Ida. 369; 39 Pac. 559; Guynn v. 
McDaneld (1985) 4 Ida. 605; 43 Pac. 



74; in re Dowling (1896) 4 Ida. 715; 
43 Pac. 871; Wheeler v. Com. Bk. of 
Moscow (1896) 5 Ida. 15; 46 Pac. 
830; Vollmer v. Spencer (1897) 5 Ida. 
55 7; 51 Pac. 60 9; Barnes v. Buffalo 
Pitts Co. (1899) 6 Ida. 519; 57 Pac. 
267; Salisbury v. Lane (1900) 7 Ida. 
370; 63 Pac. 383; State v. Watkins 
(1900) 7 Ida. 35; 59 Pac. 1106; First 
Nat. Bk. of Pocatello v. Bunting & 
Co. (1900)) 7 Ida. 387; 63 Pac. 694; 
Phillips v. Salmon River Min. Co. 
(1903) 9 Ida. 149; 72 Pac. 886; Mel- 
len v. McMannis (1904) 9 Ida. 418; 
75 Pac. 98. 

Statutory Construction: This sec- 
tion changes the rule that statutes in 
derogation of the common law must 
be strictly construed. Darby v. Hear- 
gerty (1887) 2 Ida. 282; 13 Pac. 85. 



Codes Continue Existing Law. 

Sec. 5. The provisions of these Revised Codes, so far as they are 
substantially the same as existing statutes, must be construed as con- 
tinuations thereof, and not as new enactments. 



Historical: Rev. St. 1887, Sec. 5. C. 
C. P. 1881, Sec. 4. 

California Legislation: Same: Pol. 



Code 1872, Sec. 5; Deering's Code, ib.; 
Kerr's Code, ib. 



Tenure of Offices Preserved. 

Sec. 6. All persons who at the time these Revised Codes take ef- 
fect hold office under any of the acts repealed, continue to hold the 
same according to the tenure thereof, except those offices which are 
not continued by these Revised Codes. 

the words "and excepting offices filled 
by appointment": Deering's Code, Sec. 
6; Kerr's Code, ib. 



Historical: Rev. St. 1887, Sec. 6. 

California Legislation: This same 
provision is found in the Pol. Code of 
1872 but was later amended by adding 



Certain Offices to Cease. 

Sec. 7. When any office is abolished by the repeal of any act, and 
such act is not in substance re-enacted or continued in the Revised 
Codes, such office ceases at the time the Revised Codes take effect. 



Historical: Rev. St. 188 7, Sec. 7. 
California Legislation : Same: Pol. 



Code 1872, Sec. 7; Deering's Code, ib.; 
Kerr's Code, ib. 



Accrued Rights and Pending Actions Not Affected. 

Sec. 8. No action or proceeding commenced before the Revised 
Codes take effect, and no right accrued, is affected by their provis- 
ions, but the proceedings therein must conform to the requirements 
of the Revised Codes as far as applicable. 



Historical: Rev. St. 1887, Sec. 8. C. 
C. P. 1881, Sec. 5. 

California Legislation: Same: Pol. 
Code 1872, Sec. 8; Deering's Code, ib,; 



Kerr's Code, ib. 

Cited: Sebree v. Smith (1888) 2 
Ida. 357; 16 Pac. 477. 



Limitations Not Tolled. 

Sec. 9. When a limitation or period of time prescribed in any ex- 



GENERAL CODE PROVISIONS 



161 



isting statute for acquiring a right, or barring a remedy, or for any 
other purpose, has begun to run before these Revised Codes go into 
effect, and the same or any limitation is prescribed in these Codes, 
the time which has already run shall be deemed part of the time 
herein prescribed as such limitation. 



Historical: Rev. St. 1887, Sec. 9. 
C. C. P. 1881, Sec. 6. 

California Legislation: Somewhat 



similar: Pol. Code 1872, Sec. 9; same 
as amended; Deering's Code, ib,; 
Kerr's Code, ib. 



Holidays. 

Sec. 10. Holidays within the meaning of these Revised Codes are : 
Every Sunday, the first day of January, the twenty-second day of 
February, the fourth of July, the tWenty-fifth day of December, 
every day on which an election is held throughout the State, and 
every day appointed by the President of the United States, or by 
the Governor of this State, for a public feast, thanksgiving or holiday. 



Historical: Rev. St. 188 7, Sec. 10. 
C. C. P. 1881, Sec. 7. 

California Legislation: Same: Pol. 
Code 1872, Sec. 10; as amended, pro- 
vides for holidays falling on Sundays; 



Deering's Code, ib.; by later amend- 
ments the number of holidays is in- 
creased: Kerr's Code, ib. 

Cross- Reference: Non- judicial days: 
Sec. 3866. 



Computation of Time. 

Sec. 11. The time in which any act provided by law is to be done 
is computed by excluding the first day, and including the last, unless 
the last day is a holiday, and then it is also excluded. 



Code 1872, Sec. 12; Deering's Code, 
ib,; Kerr's Code, ib. 



Historical: Rev. St. 1887, Sec. 11. 
C. C. P. 1881, Sec. 8. 

California Legislation: Same: Pol. 

Same: Obligations Maturing on Holidays. 

Sec. 12. Whenever any act of a secular nature, other than a work 
of necessity or mercy, is appointed by law or contract to be performed 
upon a particular day, which day falls upon a holiday, such act may 
be performed upon the next business day, with the same effect as 
if it had been performed upon the day appointed. 



Historical: Rev. St. 1887, Sec. 12. 
C. C. P. 1881, Sec. 9. 

California Legislation: Same: Pol. 
Code 1872, Sec. 13; Deering's Code, 
ib.; Kerr's Code, ib. 



Cited: State v. Gilbert (1902) 8 Ida. 
346; 6 9 Pac. 62; Sabin v. Burke 
(1894) 4 Ida. 179; 37 Pac. 352. 



Seal Defined. 

Sec. 13. When the seal of a court, public officer or person, is re- 
quired by law to be affixed to any paper, the word "seal," includes 
an impression of such seal upon the paper alone, as well as upon 
wax or a wafer affixed thereto. 



Historical: Rev. St. 1887, Sec. 13. 
C. C. P. 1881, Sec. 10. 

California legislation: Same: Pol. 



Code 1872, Sec. 14; Deering's Code, 
ib.; Kerr's Code, ib. 



Joint Authority Construed. 

Sec. 14. Words giving a joint authority to three or more public 
officers, or other persons, are construed as giving such authority to 



162 



GENERAL CODE PROVISIONS 



a majority of them, unless it is otherwise expressed in the act giving 
the authority. 



Historical: Rev. St. 1887, Sec. 14. 
C. C. P. 1881, Sec. 11. 

California Legislation: Same: Pol. 
Code 1872, Sec. 15; Deering's Code, 
ib.; Kerr's Code, ib. 

Construction: This section does not 
eliminate the question of notice when 
required by the Constitution or stat- 



utes, but is evidence of the legislative 
intent to authorize a majority of all 
deriving their powers from the Legis- 
lature to act in every matter over 
which they have authority, unless 
otherwise expressed by statute. Ack- 
ley v. Perrin (1905) 10 Ida. 531; 79 
Pac. 192. 



Construction of Words and Phrases. 

Sec. 15. Words and phrases are construed according to the con- 
text and the approved usage of the language, but technical words 
and phrases, and such others as have acquired a peculiar and ap- 
propriate meaning in law, or are defined in the succeeding section, 
are to be construed according to such peculiar and appropriate mean- 
ing or definition. 



Cited: Territory v. Evans (1888) 2 
Ida. 425; 17 Pac. 139. 



Historical: Rev. St. 1887, Sec. 15. 
C. C. P. 1881, Sec. 12. 

California Legislation: Same: Pol. 
Code 1872, Sec. 16; Deering's Code, 
ib.; Kerr's Code, ib. 

Statutory Terms Defined. 

Sec. 16. Words used in these Revised Codes in the present tense, 
include the future as well as the present ; words used in the masculine 
gender, include the feminine and neuter; the singular number in- 
cludes the plural and the plural the singular; the word person in- 
cludes a corporation as well as a natural person; Writing, includes 
printing; oath includes affirmation or declaration, and every mode 
of oral statement, under oath or affirmation, is embraced by the 
term "testify," and every written one in the term "depose" ; signature 
or subscription includes mark, when the person cannot write, his 
name being written near it, and witnessed by a person who writes his 
own name as a witness. 

The following words also have, in the Revised Codes, the signifi- 
cation attached to them in this section, unless otherwise apparent 
from the context: 

1. The word "property," includes both real and personal prop- 
erty. 

2. The words "real property," are co-extensive with lands, tene- 
ments and hereditaments, possessory rights and claims. 

3. The words "personal property," include money, goods, chat- 
tels, things in action, and evidences of debt. 

4. The word "month," means a calendar month, unless other- 
Wise expressed. 

5. The word "will," includes codicils. 

6. The word "writ," signifies an order or precept in writing, 
issued in the name of the people, or of a court or judicial officer, 
and the word "process," a writ or summons issued in the course of 
judicial proceedings. 

7. The word "State," when applied to the different parts of the 
United States, includes the District of Columbia and the Territories; 



GENERAL CODE PROVISIONS 



163 



and the words "United States/' may include the District and Terri- 
tories. 



Historical: Rev. St. 1887, Sec. 16. 
C. C. P. 1881, Sec. 13. 

California Legislation: Somewhat 
similar: Pol. Code 1872, Sec. 17; also 
as amended: Deering's Code, ib.; 
further amended: Kerr's Code, ib. 

Cited: Hall v. Blackman (1902) 8 
Ida. 272; 68 Pac. 19; Johnson v. 
Hurst (1904) 10 Ida. 308; 77 Pac. 784. 

Mark: Sufficiency of Attestation: A 

mark made in place of a signature is 



sufficiently witnessed by the notary's 
signature affixed to his certificate of 
acknowledgment of the instrument 
First Nat. Bk. of Hailey v. Glenn 
(1904) 10 Ida. 224; 77 Pac. 623. 

Personal Property: An order in the 
form of a draft is am evidence of debt 
and consequently personal property 
under this section. Murphy v. Mon- 
tandon (1892) 3 Ida. 325; 35 Am. St. 
Rep. 279; 29 Pac. 851. 



General Repeal of Existing Law. 

Sec. 17. No statute law is continued in force because it is con- 
sistent with the provisions of the Revised Codes on the same subject, 
but in all cases provided for therein all statute laws heretofore in 
free in this State, whether consistent or not with the provisions 
of the Revised Codes, unless expressly continued in force, are re- 
pealed and abrogated. This repeal or abrogation does not revive 
any former law heretofore repealed, nor does it affect any right 
already existing or accrued, or any action or proceeding already 
taken, except as in these Codes provided; nor does it affect any 
local or special statute not expressly repealed; nor does it affect any 
outstanding unexpended appropriation. 

The following acts and parts of acts are the local and special 
statutes which are continued in force, except in so far as the same 
have been modified, amended, superseded or repealed by other legis- 
lation. All others are hereby repealed: 

(1) All those special and local laws continued in force by an 
act entitled "An Act to Provide for Continuing in Force Certain 
Special and Local Laws and Repealing All Others," approved Feb- 
ruary 10, 1887, which said local and special laws are embraced within 
the publication known as "Local and Special Laws of Idaho Terri- 
tory," printed by direction of the 14th session of the Territorial 
Legislative Assembly. 

(2) An Act entitled, "An Act to Provide for a Wagon Road Be- 
tween Mount Idaho in Idaho County and Little Salmon Meadows in 
Washington County," Approved February 5, 1889. (Laws 1889, 30.) 

(3) An act entitled, "An Act Authorizing the State of Oregon 
to Erect, Maintain and Operate a Hatchery in the Territory of 
Idaho." Approved February 7, 1889. (Laws 1889, 54.) 

(4) An act entitled, "An Act to Annex a Portion of Nez Perce 
County to Latah County for School Purposes." Approved February 
7, 1889. (Laws 1889, 56.) 

(5) An act entitled, "An Act to Invest the Money in the Terri- 
torial General School Fund of Idaho Territory." Approved February 
7, 1889. (Laws 1889, 59.) 

(6) An act entitled, "An Act Supplementary to an Act En- 
titled, 'An Act to Provide for a Wagon Road Between Mount Idaho 
in Idaho County and Little Salmon Meadows in Washington 
County,' " Approved February 14, 1891 ; re-enacted February 2, 
1899. (Laws 1891, 43; Laws 1899, 23.) 



164 GENERAL CODE PROVISIONS 



(7) An act entitled "An Act Concerning and Providing for the 
Funding of the Bonded and Other Indebtedness of the State of Idaho 
at the Date of Admission." Approved March 14, 1891 ; re-enacted 
February 10, 1899. (Laws 1891, 211; Laws 1899, 144.) 

(8) An act amendatory of the charter of the City of Lewiston. 
Approved February 10, 1893; re-enacted February 9, 1899. (Laws 
1893, 19; Laws 1899, 171.) 

(9) An act entitled, "An Act to Provide for the Internal Im- 
provement of the State by the Construction of a System of Wagon 
Roads," etc. Approved February 16, 1893; re-enacted February lu, 
1899. (Laws 1893, 23; Laws 1899, 173.) 

(10) An act amendatory of the charter of the City of Lewiston. 
Approved March 6, 1893; re-enacted February 14, 1899. (Laws 
1893, 162; Laws 1899, 225.) 

(11) An act entitled, "An Act to Amend Section 16 of an Act 
Entitled, 'An Act to Provide for the Internal Improvement of the 
State/ " etc. Approved March 6, 1893; re-enacted February 10, 1899. 
(Laws 1893, 169; Laws 1899, 173, Sec. 16.) 

(12) An act entitled, "An Act Providing for the Issue of State 
Bonds for the Benefit of the Albion State Normal School and the 
Lewiston State Normal School," etc. Became a law March 7, 1895. 
(Laws 1895, 64.) 

(12a) An act to amend Section 8 of an act entitled, "An Act 
Creating and Organizing the Counties of Elmore and Logan," etc. 
Approved March 9, 1895; re-enacted February 16, 1899. (Laws 
1895, 87; Laws 1899, 280.) 

(13) An act entitled, "An Act Providing for the Issuing of 
State Bonds to the Amount of Twenty-five Thousand Dollars for the 
Improvements of the State Insane Asylum," etc. Approved March 
11, 1895. (Laws 1895, 148.) 

(14) An act entitled, "An Act Legalizing the Incorporation of 
the Village of Coeur d'Alene," etc. Approved March 8, 1897; re- 
enacted February 18, 1899. (Laws 1897, 44; Laws 1899, 301.) 

(15) An Act amendatory of the charter of the City of Boise. 
Approved March 12, 1897; re-enacted February 21, 1899. (Laws 
1897, 85; Laws 1899, 310.) 

(16) An act entitled, "An Act to Vacate a Part of First Street 
in Boise City." Approved March 12, 1897; re-enacted February 18, 
1899. (Laws 1897, 137; Laws 1899, 318.) 

(17) An act amendatory of the charter of the City of Lewiston. 
Approved February 28, 1899. (Laws 1899, 331.) 

(18) An act entitled, "An Act to Validate and Legalize State, 
County, School, Municipal or Other Bonds Issued Under Acts of the 
First, Second, Third and Fourth Sessions of the Legislature of the 
State of Idaho." Approved March 6, 1899. (Laws 1899, 368.) 

(19) An act entitled, "An Act Providing for the Issue of State 
Bonds for the Purchase of Chemicals and Chemical and Physical 
Apparatus, and for the Erection of Two Dormitories for the Lewis- 
ton State Normal School," etc. Approved March 18, 1899. (Laws 
1899, 373.) 

(20) An act entitled, "An Act to Amend Section 20 of an 



GENERAL CODE PROVISIONS 165 

Act * * * Entitled, 'An Act to Provide for the Internal Improve- 
ment of the State/ " etc. Approved March 4, 1899. (Laws 1899, 399.) 

(21) An act entitled, "An Act to Amend Section 21 of an Act 
* * * Entitled, 'An Act to Provide for a Wagon Road Between Mount 
Idaho in Idaho County and Little Salmon Meadows in Washington 
County,' " etc. Approved March 7, 1899. (Laws 1899, 400.) 

(22) An act amendatory of the charter of the City of Lewiston. 
Approved March 6, 1899. (Laws 1899, 444.) 

(23) An act amendatory of the charter of the City of Lewiston. 
Approved March 6, 1899. (Laws 1899, 447.) 

(24) An act amendatory of the charter of the City of Lewiston. 
Approved March 6, 1899. (Laws 1899, 450.) 

(25) An act amendatory of the charter of the City of Lewiston. 
Approved March 13, 1899. (Laws 1899, 459.) 

(26) An act entitled, "An Act to provide for the Issue of State 
Bonds for the Construction, Improvement and Furnishing of the 
Public Buildings of the State," etc. Approved March 9, 1899. (Laws 
1899, 459.) 

(27) Sections 15 to 25, inclusive, of an act entitle^. "An Act 
to Establish and Maintain a School to Be Called the Academy of 
Idaho at Pocatello," etc. Approved March 11, 1901. (Laws 1901, 21.) 

(28) An act entitled, "An Act to Provide for the Issuance of 
State Bonds to Pay Claims Against the State of Idaho," etc. Ap- 
proved March 21, 1901. (Laws 1901, 33.) 

(29) An act entitled, "An Act Providing for the Issue of State 
Bonds for the Purpose of Completing the Present Building and for 
the Erection of Two Dormitories for the Albion State Normal School," 
etc. Approved March 11, 1901. (Laws 1901, 74.) 

(30) An act entitled, "An Act to provide for the Internal Im- 
provement of the State by Construction of a Wagon Road in the 
Counties of Idaho and Washington, and Appropriating Money There- 
for." Approved March 5, 1901. (Laws 1901, 84.) 

(31) An act entitled, "An Act to Amend an Act Entitled, 'An 
Act to Incorporate Boise City, in Ada County/ " etc. Approved 
March 14, 1901. (Laws 1901, 109.) 

(32) An act entitled, "An Act Providing for the Issue of State 
Bonds for the Purpose of Adding Twenty Rooms to Each Dormitory 
of the Lewiston State Normal School," etc. Approved March 16, 
1901. (Laws 1901, 133.) 

(33) An act entitled, "An Act Legalizing the Improvement of 
the Town of Post Falls, Kootenai County, Idaho," etc. Approved 
March 14, 1901. (Laws 1901, 154.) 

(34) An act entitled, "An Act Providing for the Issuing of 
State Bonds for the Erection of a School of Science Hall, and for 
the Erection of a Girls' Dormitory," etc. Approved March 14, 1901. 
(Laws 1901, 158.) 

(35) An act entitled, "An Act to Amend Sections 4 and 6 of 
'An Act to Provide for the Issue of State Bonds for the Construction, 
Improvement and Furnishing of the Public Buildings of the State/ " 
etc. Approved March 12, 1901. (Laws 1901, 163.) 

(36) An act amendatory of the charter of the City of Lewiston. 
Approved March 16, 1901. (Laws 1901, 208.) 



166 GENERAL CODE PROVISIONS 



(37) An act entitled, "An Act Providing for the Issuance of 
State Bonds for the Refunding of the Bonded Indebtedness of the 
State," etc. Approved March 14, 1901. (Laws 1901, 227.) 

(38) Sections 20 to 26, inclusive, of an act entitled, "An Act 
Entitled an Act to Establish the Idaho Industrial Reform School/' 
etc. Approved February 16, 1903. (Laws 1903, 12.) 

(39) Sections 1 to 9, inclusive, of an act entitled, "An Act to 
Locate and Provide a Supreme Court Building, Furniture and a Law 
Library Therefor at Lewiston, Idaho," etc. Approved February 20, 
1903. (Laws 1903, 42.) 

(40) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds in the Sum of Thirty Thousand Dollars and 
Appropriating the Proceeds Thereof to the Academy of Idaho," etc. 
Approved February 27, 1903. (Laws 1903, 51.) 

(41) An act entitled, "An Act Providing for the Construction 
of a Wagon Road Bridge Across the Snake River Between the 
Counties of Oneida and Blaine," etc. Approved March 11, 1903. 
(Laws 1903, 54.) 

(42) An act entitled, "An Act to Provide for the Construction 
of a Wagon Road in the Counties of Boise and Idaho," etc. Approved 
March 11, 1903. (Laws 1903, 83.) 

(43) An act amendatory of the charter of the City of Lewiston. 
Approved March 9, 1903. (Laws 1903, 105.) 

(44) An act entitled, "An Act to Provide for the Internal Im- 
provement of the State by the Construction of a Bridge Across 
Salmon River in the County of Lemhi, and Appropriating Money 
Therefor." Approved March 11, 1903. (Laws 1903, 146.) 

(45) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds * * * and Appropriating the Proceeds Thereof 
to the Albion State Normal School," etc. Approved March 4, 1903. 
(Laws 1903, 208.) 

(46) An act entitled, "An Act to Amend Sections 19 and 20 
of an Act Entitled, 'An Act to Establish the Idaho Industrial Reform 
School,' " etc. Approved March 6, 1903. (Laws 1903, 291.) 

(47) An act entitled, "An Act to Provide for the Further Loan 
and Further Issuance of State Bonds Under That Certain Act En- 
titled, 'An Act to Provide for the Issuance of State Bonds and to 
Pay Claims Against the State of Idaho,' " etc. Approved March 16, 
1903. (Laws 1903, 292.) 

(48) An act entitled, "An Act Providing Money to Pay Certain 
Appropriations Made by the Legislature, and to Pay Certain De- 
ficiency Claims Against the State of Idaho by Providing for the 
Issuance of Bonds,' " etc. Approved March 16, 1903. (Laws 1903, 
308.) 

(49) An act entitled, "An Act Making Disposition of Certain 
Moneys in the Hands of the Secretary of the Board of Trustees of 
the Lewiston State Normal School, and Creating a Fund for the 
Maintenance of the Library of Said Institution." Approved March 
4, 1903. (Laws 1903, 426.) 

(50) An act entitled, "An Act Providing for Issuance of State 
Bonds for the Erection and Equipment of an Armory and Gym- 



GENERAL CODE PROVISIONS 167 



nasium, the Equipment of the Mechanical and Electrical Engineer- 
ing," etc. Approved March 16, 1903. (Laws 1903, 433.) 

(51) An act amendatory of an act incorporating the City of 
Boise, in Ada County. Approved March 11, 1903. (Laws 1903, 437.) 

(52) An act entitled, "An Act to Provide for the Issuance of 
State Bonds to Improve the Idaho State Penitentiary and Secure 
and Furnish Water for the Same. ,, Approved March 11, 1903. 
(Laws 1903, 440.) 

(53) An act providing for the issuance of State bonds to pro- 
vide money for the improvement of the Idaho Industrial Reform 
School. Approved March 8, 1905. (Laws 1905, 91.) 

(54) An act entitled, "An Act for the Purpose of Authorizing 
the Modification, Enlargement and Improvement of the Present 
Capitol Building at the City of Boise, State of Idaho, or for Pro- 
curing a New Site at Said City of Boise and Erecting Thereon a 
New Capitol Building and Making Appropriation Therefor." Ap- 
proved March 3, 1905. (Laws 1905, 155.) 

(55) An act entitled, "An Act Providing for the Issuance and 
Sa^e of State Bonds * * * and Appropriating the Proceeds Thereof 
to the Academy of Idaho," etc. Approved March 10, 1905. (Laws 
1905. 166.) 

(56) An act entitled, "An Act Providing the Issuance and Sale 
of State Bonds * * * and Appropriating the Proceeds Thereof to 
the University of Idaho," etc. Approved March 8, 1905. (Laws 
1905, 194.) 

(57) Sections 4 to 11, inclusive, to an act providing for the 
establishment, building and equipment of the Northern Idaho Insane 
Asylum. Approved March 7, 1905. (Laws 1905, 196.) 

(58) An act providing for the issuance and sale of State bonds 
for the improvement of the Lewiston State Normal School. Approved 
March 8, 1905. (Laws 1905, 203.) 

(59) An act entitled, "An Act to Provide for the Construction 
cf a System of Wagon Roads and Trails in the Intermountain Region 
of Idaho," etc. Approved March 8, 1905. (Laws 1905, 206.) 

(59a) An act providing for the issuance and sale of bonds for 
tine improvement of the Albion State Normal School. Approved 
March 9, 1905. (Laws 1905, 214.) 

(60) An act entitled, "An Act to Amend an Act * * * Entitled, 
'An Act to Provide for the Issuance of State Bonds to Improve the 
Idaho State Penitentiary/ " etc. Approved March 6, 1905. (Laws 
1905, 234.) 

(61) An act entitled, "An Act Making Provision for Moneys 
to Be Used in the Further Improvement of the Idaho State Peni- 
tentiary," etc. Approved March 6, 1905. (Laws 1905, 235.) 

(62) An act entitled, "An Act Levying and Requiring the Col- 
lection of a Special Ad Valorem Tax for the Payment of the Interest 
Upon Certain Bonds Issued by the State of Idaho, as the Same Be- 
comes Due, and Also for the Payment of the Principal," etc. Ap- 
proved March 8, 1905. (Laws 1905, 280.) 

(63) An act authorizing the turning over of the Soldiers' Home, 
near Boise, to the Government of the United States. Approved March 
2, 1905. (Laws 1905, 295.) 



168 GENERAL CODE PROVISIONS 



(64) An act entitled, "An Act Legalizing the Incorporation of 
the Village of Oakley," etc. Approved February 11, 1905. (Laws 
1905, 330.) 

(65) An act entitled, "An Act to Amend Section 1 of 'An Act 
to Create the Independent School District of Boise City/ " etc. Ap- 
proved March 10, 1905. (Laws 1905, 372.) 

(66) An act entitled, "An Act Creating and Establishing the 
Normal School Fund," etc. Approved March 6, 1905. (Laws 1905, 
393.) 

(67) An act entitled, "An Act Making Provision for Moneys 
to Be Used in the Improvement, Repair and Completion of Buildings 
Belonging to Certain State Institutions/' etc. Approved March 6, 
1905. (Laws 1905, 400.) 

(68) An act entitled, "An Act Creating and Establishing the 
Soldiers' Home Fund," etc. Approved March 6, 1905. (Laws 1905, 
405.) 

(69) An act entitled, "An Act Creating and Establishing the 
Penitentiary Fund," etc. Approved March 6, 1905. (Laws 1905, 
406.) 

(70) An act entitled, "An Act Creating and Establishing the 
Insane Asylum Fund," etc. Approved March 6, 1905. (Laws 1905, 
407.) 

(71) An act entitled, "An Act Creating and Establishing the 
Academy of Idaho Fund," etc. Approved March 6, 1905. (Laws 
1905, 409.) 

(72) An act entitled, "An Act Making Provision for Moneys 
to Be Used in the Improvement of the Idaho Soldiers' Home," etc. 
Approved March 6, 1905. (Laws 1905, 410.) 

(73) An act entitled, "An Act Creating and Establishing the 
Idaho Industrial Reform School Fund," etc. Approved March 6, 
1905. (Laws 1905, 415.) 

(74) An act entitled, "An Act Creating and Establishing the 
University Fund," etc. Approved March 6, 1905. (Laws 1905, 417.) 

(75) An act entitled, "An Act Creating and Establishing the 
Scientific School Fund," etc. Approved March 6, 1905. (Laws 
1905, 418.) 

(76) An act entitled, "An Act Creating and Establishing the 
Agricultural College Fund," etc. Approved March 6, 1905. (Laws 
1905, 419.) 

(77) An act entitled, "An Act Creating and Establishing the 
State Charitable Institutions Fund," etc. Approved March 6, 1905. 
(Laws 1905, 421.) 

(78) An act providing for the survey of certain unsurveyed 
public lands of the United States within the State of Idaho. Approved 
March 6, 1905. (Laws 1905, 422.) 

(79) An act entitled, "An Act Prohibiting the Further Issuance 
of Bonds Under the Provisions of That Certain Act of the Legis- 
lature of the State of Idaho, Approved March 16, 1903," etc. Ap- 
proved March 6, 1905. (Laws 1905, 429.) 

(80) An act entitled, "An Act to Amend an Act Entitled, 'An 
Act to Create the Independent School District of Boise City,' " etc. 
Approved February 15, 1907. (Laws 1907, 7.) 



GENERAL CODE PROVISIONS 169 



(81) An act amendatory to an act creating and establishing 
the Scientific School Fund. Approved February 19, 1907. (Laws 
1907, 26.) 

(82) An act entitled, "An Act to Amend Section 2 of an Act 
Entitled, 'An Act Creating and Establishing the Agricultural College 
Fund/ " etc. Approved February 19, 1907. (Laws 1907, 27.) 

(83) An act amendatory of an act creating the independent 
school district of Emmettsville in Ada County. Approved February 
19, 1907. (Laws 1907, 31.) 

(84) An act entitled, "An Act to Amend an Act Entitled, 'An 
Act to Incorporate Boise City in Ada County,' * * * and to Amend 
an Act Entitled, 'An Act Amending the Charter of the City of 
Boise,' " etc. Approved February 22, 1907. (Laws 1907, 57.) 

(85) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds * * * and Appropriating the Proceeds Thereof 
to the Academy of Idaho," etc. Approved March 7, 1907. (Laws 
1907, 135.) 

(86) An act entitled, "An Act Providing for the Issuing of 
State Bonds * * * for the Additional Buildings and Improvements 
of the Northern Idaho Insane Asylum," etc. Approved March 7, 
1907. (Laws 1907, 138.) 

(87) An act entitled, "An Act Providing for the Issuance of 
State Bonds to Provide Money for the Erection of a Girls' Cottage, 
Boys' Cottage, East Wing for Administration Building, and Procur- 
ing a Water Supply at the Idaho Industrial Training School," etc. 
Approved March 7, 1907. (Laws 1907, 141.) 

(88) An act entitled, "An act entitled, "An Act Providing for 
the Issuance and Sale of State Bonds * * * and Appropriating the 
Proceeds Thereof to the University of Idaho," etc. Approved March 
7, 1907. (Laws 1907, 144.) 

(89) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds in the Sum of Thirty Thousand Dollars and Ap- 
propriating the Proceeds Thereof to the Continuance of the Con- 
struction of the Capitol Building at Boise, Idaho," etc. Approved 
March 7, 1907. (Laws 1907, 149.) 

(90) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds * * * and Appropriating the Proceeds Thereof 
to Supplying a Portion of the Funds Necessary for Erecting and 
Rebuilding the Main Building of the University of Idaho," etc. Ap- 
proved March 7, 1907. (Laws 1907, 153.) 

(91) An act entitled, "An Act to Provide for the Completion 
of the Atlanta Road in the Counties of Ada, Boise and Elmore," etc. 
Approved March 9, 1907. (Laws 1907, 172.) 

(92) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds * * * for the Purpose of Completing the Girls' 
Dormitory of the Albion State Normal School," etc. Approved March 
12, 1907. (Laws 1907, 228.) 

(93) An act entitled, "An Act Making Disposition of Certain 
Moneys in the Hands of the Secretary of the Board of Trustees of 
the Lewiston State Normal School, and Creating a Fund for the Im- 
provement of the Buildings and Grounds of Said Institution." Ap- 
proved March 12, 1907. (Laws 1907, 233.) 



170 



GENERAL CODE PROVISIONS 



(94) An act providing for the issuance and sale of bonds for 
the internal improvement of the State. Approved March 12, 1907. 
(Laws 1907, 242.) 

(95) An act entitled, "An Act Providing for the Issuance and 
Sale of State Bonds * * * and Appropriating the Proceeds Thereof 
for the Construction of a Wagon Road Between * * * the Town of 
Meadows in Washington County, and the Payette Lakes, in Boise 
County," etc. Approved March 12, 1907. (Laws 1907, 251.) 

(96) An act entitled, "An Act Providing for the Issue, Sale 
and Redemption of State Bonds for the Purpose of Erecting a 
Dormitory for Women at Lewiston State Normal School," etc. Ap- 
proved March 12, 1907. (Laws 1907, 256.) 

(97) An act entitled, "An Act Levying and Requiring the Col- 
lection of a Special Ad Valorem Tax for the Payment of the Interest 
Upon Certain Bonds Issued by the State of Idaho," etc. Approved 
March 12, 1907. (Laws 1907, 260.) 

(98) An act entitled, "An Act Making Provision for Moneys 
to Be Used in the Improvement of the Idaho Soldiers' Home," etc. 
Approved March 12, 1907. (Laws 1907, 295.) 

(99) An act amendatory of the charter of the City of Lewiston. 
Approved March 13, 1907. (Laws 1907, 349.) 

(100) An act entitled, "An Act Providing for the Issue and Sale 
of Debenture Warrants for the Purpose of Making the State Capitol 
Appropriation of March 3, 1905, More Fully Available." Approved 
March 15, 1907. (Laws 1907, 525.) 

(101) An act entitled, "An Act to Amend Section 7 of an Act 
Entitled, 'An Act for the Purpose of Authorizing the Modification, 
Enlargement and Improvement of the Present Capitol Building at 
the Citv of Boise/ " etc. Approved March 16, 1907. (Laws 1907, 
538.) 



Historical: Rev. St. 1887, Sec. 17, re- 
written by the Commissioner so as to 
except unexpended outstanding ap- 
propriations, if any, from the scope 
of the repeal, and so as to specifically 
enumerate the special and local acts 
and parts of acts preserved by these 
Codes. This enumeration is made 
without any attempt on the part of 
the Commissioner to determine how 
far these special or local acts are still 
in force, and they are continued in 
force only so far as they have not 
been superseded, repealed, amended 
or modified by subsequent legislation. 
Thus, for example, all the Lewiston 
charter amendments are included, 



while many, if not all of them, are 
superseded by the 1907 charter. It 
was thought that it would be safer to 
continue all special and local legisla- 
tion in this manner, rather than at- 
tempt to make an independent exam- 
ination and determination of their 
present force, as the Codes are not 
supposed to deal with special and lo- 
cal legislation at all. 

California Legislation: Similar: 
Pol. Code 1872, Sec. 18; Deering's 
Code, ib.; Kerr's Code, ib. 

Cited: Cunningham v. George 
(1892) 3 Ida. 456; 31 Pac. 809. 



Common Law in Force. 

Sec. 18. The common law of England, so far as it is not repug- 
nant to, or inconsistent with, the Constitution or laws of the United 
States, in all cases not provided for in these Revised Codes, is the 
rule of decision in all the courts of this State. 



Historical: Rev. St. 1887, Sec. 18. 
See 1 Ter. Ses. (1864) 527, Sec. 1. 
California Legislation: Almost iden- 



tical: Deering's Pol. Code, Sec. 446! 
Kerr's Code, ib. 



GENERAL CODE PROVISIONS 



171 



Cited: People v. Havird (1889) 2 
Ida. 531; 25 Pac. 294. 

Doctrine of Riparian Rights: The 

doctrine of riparian rights is a part of 



the common law and consequently a 
part of the law of this State. (Dis. 
op.) Drake v. Earhart (1890) 2 Ida. 
750; 23 Pac. 541. 



Prior Legislation Repealed. 

Sec. 19. All general acts and parts and clauses of acts of a gen- 
eral nature, passed prior to the tenth session of the State Legislature, 
are hereby repealed, and these Revised Codes are in force in lieu 
thereof; but such repeal does not affect any act done, or any right 
accruing or accrued, or any suit or proceeding had or commenced 
in any civil cause before the said repeal takes effect, but all rights 
and liabilities under said repealed acts continue, in the same manner 
as if said repeal had not been made. 



Scope of Revision: Whatever is in- 
cluded in a statutory revision must be 
construed together as the law, all that 
formerly existed but is not included 
is repealed. Territory v. Evans (1890) 
2 Ida. 651; 23 Pac. 232. 



Historical: Rev. St. 1887, Sec. 19. 
Changing "fourteenth session of Leg- 
islative Assembly" to "fourth session 
of State Legislature." 

California Legislation: See Pol. 

Code 1872, Sec. 18; Deering's Code, 
ib.; Kerr's Code, ib. 

Cited: Cunningham v. George 
(1892) 3 Ida. 456; 31 Pac. 809. 

Past Offenses May Be Prosecuted. 

Sec. 20. All offenses committed, and all penalties or forfeitures 
incurred prior to said repeal, may be prosecuted and punished in the 
same manner and with the same effect as if said repeal had not been 
made. 



Historical: Rev. St. 1887, Sec. 20. 



POLITICAL CODE 



PART FIRST— POLITICAL 

POLITICAL CODE 



PRELIMINARY PROVISIONS 



Section 

21. Title and how cited. 

Title and How Cited. 

Sec. 21. Part First of these Revised Codes shall be known as the 
Political Code of the State of Idaho, and whenever cited, enumerated, 
referred to, or amended, may be designated simply as the Political 
Code, adding, when necessary, the number of the section. 

Historical: Rev. St. 1887, Sec. 100. | Code 1872, Sec. 1; Deering's Code, 
California Legislation: See. Pol. ib.; Kerr's Core, ib. 



Vol. 1 



TITLE 1 
POLITICAL DIVISIONS 



Chapter 

1. Seat of government. 

2. Counties. 

3. Legislative districts. 

4. Judicial districts. 



Chapter 

5. Cessions to the Federal Govern- 
ment and assent to acts of Con- 
gress. 



CHAPTER 1. 
SEAT OF GOVERNMENT. 



Section 

22. Location. 



Location. 

Sec. 22. The seat of government of this State is at Boise City, 
in the County of Ada. 



Historical: Rev. St. 1887, Sec. 105. 
See 2 Ter. Ses. (1864) 427, Sec. 1. 

California Legislation: Same except 
as to place: Pol. Code 1872, Sec. 145; 
Deering's Code, ib; Kerr's Code, ib. 



Cross Reference: Seat of govern- 
ment located at Boise City for twenty 
years from the admission of the State: 
Const. Art. 10, Sec. 2. 



CHAPTER 2. 



Section 

23. 

23a. 

23b. 

23c. 

23d. 

23e. 

23f. 

23g. 

23h. 

23i. 

23j. 

23k. 



COUNTIES. 


n 


Secti 


State divided into counties 


231. 


Ada County. 


23m. 


Bannock County. 


23n. 


Bear Lake County. 


23o. 


Bingham County. 


23p. 


Blaine County. 


23q. 


Boise County. 


2 3r. 


Bonner County. 


23s. 


Canyon County. 


23r. 


Cassia County. 


2 Mil 


Custer County. 


23v. 


Elmore County. 


23w. 



ion 
Fremont County. 
Idaho County. 
Kootenai County. 
Latah County. 
Lemhi County. 
Lincoln County. 
Xez Perce County. 
Oneida County. 
Owyhee County. 
Shoshone County. 
Twin Falls County. 
Washington County. 



State Divided Into Counties. 

Sec. 23. The State is divided into twenty-three counties, the 
boundaries and county seats of which are defined and fixed by the 
following sections. 



Historical 

missioner. 

Cross Reference: 



New section by Corn- 



Restrictions on 



the creation of new counties and the 
division of old counties: Const. Art. 
IS. Sees. 3, 4. 



Ch. 2. 



COUNTIES 



177 



Ada County. 

Sec. 23a. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at the confluence 
of Moore's Creek with the Boise River at the center of the channel 
of Boise River; thence in a straight line north 44 degrees and 38 
minutes west until the said line intersects the north line of Town- 
ship 5 North [12th Ter. Ses. 67] ; thence due west to the northwest 
corner of Township 5 North, Range 1 West B. M. ; thence due south 
to the northwest corner of Township 3 North, Range 1 West ; thence 
due east to the northwest corner of Section 4, Township 3 North, 
Range 1 West; thence due south to the southeast corner of Section 
32, Township 2 North, Range 1 West; thence due west to the 
northwest corner of Township 1 North, Range 1 West B. M. ; 
thence due south to the point in the middle of the channel of Snake 
River where the line between Township 1 South of Range 1 West 
and 1 South of Range 2 West B. M. crosses the said river [Laws 
1891, 155] ; thence southeasterly up the center of the channel of the 
said Snake River to a point in the middle of the said channel opposite 
the mouth of Bruneau River; thence extending in a straight line in 
a northeasterly direction to a point in the center of the channel 
of Boise River opposite the mouth of Moore's Creek [Laws 1899, 
234], the point of beginning, be and the same is hereby organized 
into the County of Ada, and the county seat of the said county is 
hereby located at Boise City. 



Historical: County created by act 
approved Dec. 2, 1864, 2nd Ter. Ses. 
430. The boundaries above were de- 
rived iri.m the following acts: Act 
defining boundary between Boise and 
Ada Counties, 12th Ter. Ses. 67; (See 



field notes in county recorder's office;) 
act creating Canyon County, Laws 
18 91, 155; act defining boundary be- 
tween Ada and Elmore Counties, 
Laws 1899, 230 (see field notes in 
county recorder's office). 



Bannock County. 

Sec. 23b. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at the intersection 
of the township line between Townships 4 and 5 South with the Snake 
River; thence down the Snake River southwesterly to the mouth of 
Portneuf River; thence, up the Portneuf River to what is known as 
the point of the mountain, about four miles northwest of Pocatello; 
thence southerly in a straight line to the top of the range; thence 
along the crest of the mountains between Malad and Marsh Valleys 
to a point on the top of the range, due west of a point one mile south 
of the present southern boundary of the townsite of Oxford ; thence 
due east to the Bear Lake County line ; thence northerly and easterly 
along the line of Bear Lake County to the boundary line of the State 
of Wyoming; thence north to the intersection of Township line be- 
tween Townships 4 and 5 South with the line of the State of 
Wyoming; thence west along said township line between Town- 
ships 4 and 5 to the place of beginning, be and the same is hereby 
organized into the County of Bannock, and the county seat of said 
county is hereby located at the town of Pocatello. 

Historical: County created by act 
approved March 6, 1893. Laws 1893. 
170. 



178 



POLITICAL DIVISIONS 



Tit.l 



Bear Lake County. 

Sec. 23c. All that portion of the State of Idaho included within the 
following boundaries, to-wit: Commencing at the twenty-third mile 
post on the boundary line between Utah and Idaho, and running thence 
northerly along the summit of the range of mountains between Cache 
Valley and Bear Lake Valley to the corner of Townships 9 and 10 
South of Range 41 East; thence east twelve miles; thence north to 
the summit of the divide between the waters of Bear River and the 
waters of Blackfoot River ; thence easterly along said last named sum- 
mit to the line between Wyoming and Idaho ; thence south on said last 
named line to the southeast corner of Idaho ; thence west to the place 
of beginning, be and the same is hereby organized into the County of 
Bear Lake, and the county seat of the said county is hereby located at 
the town of Paris. 

Historical: County created by act 
approved Jan. 5, 1875. See Special . 
and Local Laws, 113. 

Bingham County. 

Sec. 23d. That all that portion of the State of Idaho contained 
within the following boundaries, to-wit: Beginning at a point di- 
rectly north of the Big Southern Butte where the township line be- 
tween Townships 3 and 4 North meets the said point [15 Ter. Ses. 37; 
Laws 1893, 94] ; thence due south to a point where it intersects with 
the First Standard Parallel South ; thence easterly on the said First 
Standard Parallel South to the center of the channel of Snake River; 
thence up the center of the channel of Snake River to the intersection 
of the township line between Townships 4 and 5 South [Laws 1893, 
170] ; thence east along the said township line between Townships 4 
and 5 South to the boundary line of the State of Wyoming; thence 
north along the said State boundary line [Laws 1893, 171] to the 
intersection of the same with the top or comb of the Big Hole mountain 
range ; thence following along the top or comb of the said mountains 
in a north-westerly direction to the intersection of the same with the 
line between townships 3 and 4 North [Laws 1903, 222] ; thence west 
along the said township line to the place of beginning, is hereby es- 
tablished as the County of Bingham ; and the county seat of the said 
county is hereby located at the town of Blackfoot. 



Historical: County created by act 
approved Jan. 13, 1885. The bounda- 
ries above were derived from the fol- 
lowing acts: Act defining- boundaries 
of Bingham County, 15 Ter. Ses. 37; 



Act creating Fremont County, 
Laws 18 93, 94;- act creating Ban- 
nock County, Laws 1893, 170; act 
to annex portion of Bingham County 
to Fremont County, Laws 1903, 222. 



Blaine County. 

Sec. 23e. All that portion of the State of Idaho included within the 
following boundaries, to-wit : Commencing at a point on the township 
line between Townships 10 and 11 North directly north of the Big 
Southern Butte, thence due west to Little Lost River [Laws 1899, 
111] ; thence down Little Lost River to the point where the trail lead- 
ing to Pass Creek crosses the said Little Lost River; thence in a direct 
line to the head of Pass Creek; thence down said Pass Creek to 



Ch. 2. 



COUNTIES 



179 



the said Big Lost River; thence along Big Lost River to the 
mouth of Antelope Creek; thence up Antelope Creek to the divide 
which separates its waters from those of Little Wood River; thence 
westerly along and upon the summit of the range of mountains divid- 
ing the headwaters of the East Fork of the Salmon River from the 
waters of the Little or Big Wood River and continuing westerly on the 
said divide between the East Fork of the Salmon and Wood Rivers to 
the main Salmon River; thence along the said Salmon River to the 
mouth of Fall Creek, a stream entering the Salmon River at a point 
about fifteen miles northerly from Sawtooth City; thence up the said 
Fall Creek to Pettit Lake in a right line to the right of a creek 
entering the said lake at the west end thereof; thence up the said 
last mentioned creek to the summit of the Sawtooth Mountains [15 Ter. 
Ses. 26] ; thence following the summit of the said mountains to where 
the trail crosses the summit of what is known as Mattingly Creek Di- 
vide ; thence along the said divide to a point as far east as the range 
line between Ranges 11 and 12 East; thence due south to the town- 
ship line between Townships 2 and 3 South [15 Ter. Ses. 37] ; thence 
due east along the said township line to the intersection of the same 
with the line between Ranges 25 and 26 E. B. M. ; thence south along 
the said range line to the middle of the channel of Snake River ; thence 
up the center of the said channel of Snake River [Laws 1895, 170] to 
the intersection of the same with the First Standard Parallel South ; 
thence west along the said First Standard Parallel South to a point 
directly south of the Big Southern Butte [15 Ter. Ses. 37, Sec. 3] ; 
thence due north to the place of beginning, be and the same is hereby 
organized into the County of Blaine, and the county seat of said county 
is herebj' located at the town of Hailey. 



Historical: County created by act 
approved Mar. 5, 18 95, Laws 1895, 31. 
1 he boundaries above were derived 
from the following - acts: Act defining 
the boundaries of Lemhi County, 
Ls.ws 1S99, 111; act defining the boun- 



daries of Custer County, 15 Ter. Ses. 
26; act defining the boundaries of 
Bingham County, 15 Ter. Ses. 37, Sec. 
3; act creating Elmore County, 15 
Ter. Ses. 37; act creating Lincoln 
County, Laws 1895, 170. 



Boise County. 

Sec. 23f. All that portion of the State of Idaho included within the 
following boundaries, to-wit: Commencing at the confluence of 
Moore's Creek with the Boise River, at the center of the channel of 
Boise River; thence north 44 degrees and 38 minutes west to a pine 
tree standing on the south bank of the Payette River at a distance of 
about two miles north from Pickett's Corral near the mouth of what 
is known as Black Canyon on said Payette River ; thence northerly to 
a central point on the summit of Squaw Creek Butte ; thence northerly 
on the summit of the dividing range between the waters of Squaw 7 
Creek on the east and Haw Creek on the west to the intersection of 
said dividing ridge with the Second Standard Parallel, U. S. survey 
[12 Ter. Ses. 67] ; thence northerly on the said dividing ridge to the 
summit dividing the waters of the Payette and Weiser Rivers ; thence 
along the said divide in a northerly direction to a point on the said 
divide known as Big Rock Flat, where the waters flow into the Little 
Salmon River; thence in a northeasterly direction on a low divide 



180 



POLITICAL DIVISIONS 



Tit. 1 



separating the waters of the Little Salmon and Payette Rivers to a 
point due east of a northern point of Little Salmon Meadows [Laws 
1905, 303] ; thence in an easterly and southeasterly direction along 
the divide which separates the waters of the Payette River and its 
tributaries from the waters of Salmon River and its tributaries [Spe- 
cial and Local Laws, 120] to the head of the Middle Fork of Salmon 
River; thence southerly along the divide which separates the water 
flowing into the S. Payette River and Bear Valley Creek from that 
flowing into the main Salmon River and Cape Horn Creek to the sum- 
mit of the Saw Tooth Mountains ; thence southerly along the summit 
of the Saw Tooth Mountains [15 Ter. Ses. 26] to the headwaters of the 
North Fork of Boise River ; thence down the center of the channel of 
the North Fork of Boise River and the main Boise River to the place 
of beginning [3 Ter. Ses. 214] , be and the same is hereby organized 
into the County of Boise, and the county seat of said county is hereby 
located at Idaho City. 



Historical: County created by act 
approved Feb. 4, 1864, 1 Ter. Ses. 628. 
The boundaries above were derived 
from the following acts: Act defining' 
boundaries of Boise and Ada Coun- 
ties, 12 Ter. Ses. 67 (field notes in 



county recorder's office) : act defining 
boundaries of Washington County, 
Laws 1905, 303; act defining bounda- 
ries of Custer County, 15 Ter. Ses. 26; 
also Special and Local Laws, 120; and 
3 Ter. Ses. 214. 



Bonner County. 

Sec. 23g. All that portion of the State of Idaho included within 
the following boundaries, to-wit : Commencing at a point wh^re the 
township line between Townships 53 and 54 North intersects the 
boundary line between the State of Idaho and the State of Washing- 
ton ; thence east on said township line between Townships 53 and 54 
North, to the northeast corner of Township 53 North, Range 3 
West B. M. ; thence north on the range line between Sections 36 and 
31 to the northeast corner of Section 36, Township 54 North, Range 
3 West B. M. ; thence due east six miles to the northeast corner of 
Section 36, Township 54 North, Range 2 West B. M. ; thence south 
along the range line between Ranges 1 and 2 to the northeast corner 
of Township 52 North, Range 2 West B. M. ; thence east on the 
township line between Townships 52 and 53 North to the present 
county line between Kootenai and Shoshone Counties; thence north 
along the west boundary line of Shoshone County to the northwest 
corner thereof; thence in an easterly direction along the summit of 
the Coeur d' Alene range of mountains to the west line of the State 
of Montana ; thence north along the boundary line between the State 
of Idaho and the State of Montana to the intersection of the interna- 
tional boundary line between the United States of America and 
Canada; thence west along said international boundary line to the 
northwest corner of the State of Idaho ; thence south along the boun- 
dary line between the State of Idaho and the State of Washington 
to the place of beginning, be and the same is hereby organized into 
the county of Bonner, and the county seat of the said county is 
hereby located at the town of Sandpoint. 

Historical: County created by act 
approved Feb. 21, 1907, Laws 1907. 
47. 



Ch. 2. 



COUNTIES 



181 



Canyon County. 

Sec. 23h. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at a point in the 
middle of the channel of Snake River where the line between Town- 
ship 1 South, Range 1 West, and Township 1 South, Range 2 West 
B. M., crosses the said river and running thence due north to the 
northwest corner of Township 1 North, Range 1 West B. M. ; thence 
due east to the southeast corner of Section 32, Township 2 North, 
Range 1 West ; thence due north to the northwest corner of Section 4, 
Township 3 North, Range 1 West; thence due west to the northwest 
corner of Township 3 North, Range 1 West* thence due north to 
the northwest corner of Township 5 North, Range 1 West;- thence 
due east along the township line to the present boundary of Boise 
County [Laws 1891, 155] ; thence along the said boundary line in 
a northwesterly direction to a pine tree standing on the south bank 
of the Payette River at a distance of about two miles northerly from 
Pickett Corrall and near the mouth of what is known as Black Can- 
yon on the said Payette River; thence northerly to the central point 
on the summit of the Squaw Creek Butte; thence northerly on the 
summit of the dividing ridge between the waters of Squaw Creek on 
the east and Haw Creek on the west [12 Ter. Ses. 67] to the inter- 
section of the same with the Second Standard Parallel North ; thence 
due west along the Second Standard Parallel North to the middle of 
the channel of Snake River [Laws 1905, 303] ; thence up the middle 
of the channel of Snake River to the boundary line between Idaho 
and Oregon ; thence south along the boundary line between Idaho and 
Oregon to the middle of Snake River; thence up the middle of the 
channel of Snake River to the place of beginning [Laws 1891, 155], be 
and the same is hereby organized into the County of Canyon, and the 
county seat of the said county is hereby located at the toWn of Cald- 
well. 



Historical: County created from 
portion of Ada County by act ap- 
proved March 7, 18 91, Laws 1891, 
155. The boundaries above were de- 
rived from the following acts: Act 
creating- Canyon County, Laws 1891, 
155; act defining- boundary between 
Boise and Ada Counties, 12 Ter. Ses. 



67: act defining boundaries of Wash- 
ington County, Laws 1905, 303. The 
act creating the county; Laws 1891, 
155, was printed incorrectly in the 
printed Session Laws, making an er- 
ror in the boundaries. The correc- 
tion above was made from the en- 
rolled bill. 



Cassia County. 

Sec. 23i. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing with the intersec- 
tion of the middle of the channel of Snake River with the north and 
south center line of Section 28 in Township 10 South of Range 21 
East of Boise Meridian, running thence south on the said center line 
of said Section 28 to the point of intersection of the north line of the 
right of way of the Minidoka & Southwestern Railroad Company, 
which point is 100 feet distant at right angles from the center of the 
main track of the line of road of said railroad company as the same is 
now located ; running thence in a southwesterly direction along the 
north line of said railroad right of way to a point where said line 
intersects the south line of the canal right of way of the Twin Falls 



182 



POLITICAL DIVISIONS 



Tit. 1 



Land & Water Company, which point of intersection is 100 feet dis- 
tant at right angles from the center line of the main canal of the 
said Twin Falls Land & Water Company; running thence south to 
the south line of Section 36 in Township 10 South of Range 20 East 
of Boise Meridian; thence west to the southwest corner of said Sec- 
tion 36 ; thence south on the section lines to the south line of Town- 
ship 11; thence west to the southeast corner of Township 11 South of 
Range 18 East B. M. ; thence south on the range lines to the south 
line of the State of Idaho [Laws 1907, 40] ; thence east along the 
south boundary line of the State of Idaho to the intersection of the 
same with the 113 meridian west from Greenwich; thence north 
along the said meridian to the intersection of the same with the center 
of the channel of Snake River ; thence down the said river in a south- 
westerly direction to the point of beginning, be and the same is 
hereby organized into the County of Cassia, and the county seat of 
the said county is hereby located at the town of Albion. [10 Ter. Ses. 
43, as amended 11 Ter. Ses. 339.] 



Historical: County created by act 
approved Jan. 20, 1879, 10 Ter. Ses. 
43. The boundaries above were de- 
rived from the following acts: Act 



creating Cassia County, 10 Ter. Ses. 
43; as amended 11 Ter. Ses. 33 9; act 
creating Twin Falls County, Laws 
1907, 40. 



Custer County. 

Sec. 23j. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at the confluence of 
the Pahsimeroi River with the Salmon River and running thence 
up the Pahsimeroi River to the mouth of the Big Creek; thence up 
Big Creek, and on the line from the head therof, with the general 
course of said creek to the summit of the divide between the waters 
of the Pahsimeroi and Lemhi Rivers; thence southeasterly on the 
summit of said divide to a point due west from the head waters of 
said Little Lost River; thence due east to the head waters of said 
Little Lost River; thence down Little Lost River to a point where 
the trail leading to Pass Creek crosses Little Lost River; thence in 
a direct line to the head of Pass Creek ; thence down said Pass Creek 
to Big Lost River; thence along Big Lost River to the mouth of Ante- 
lope Creek; thence up Antelope Creek to the divide which separates 
its waters from those of Little Wood River; thence westerly along 
and upon the summit of the range of mountains dividing the head 
waters of the East Fork of Salmon River from the waters of the 
Little or Big Wood River, and continuing westerly on said divide 
between the East Fork of Salmon and Wood Rivers to the main 
Salmon River ; thence along said Salmon River to the mouth of Fall 
Creek, a stream entering the Salmon River at a point about fifteen 
miles northerly from Sawtooth City; thence up said Fall Creek to 
Pettit Lake in a right line to the right of a creek entering said lake 
at the west end thereof; thence up said last mentioned creek to the 
summit of the Sawtooth Mountains ; thence northerly along the sum- 
mit of the Sawtooth Mountains to the divide which separates the 
waters flowing into the South Payette River and Bear Valley Creek 
from those flowing into the main Salmon River and Cape Horn Creek ; 
thence along said divide to the Middle Fork of the Salmon River; 



Ch.2. 



COUNTIES 



183 



thence down the Middle Fork of the Salmon River to the mouth of 
Loon Creek; thence up Loon Creek to the mouth of Warm Spring 
Creek; thence up Warm Spring Creek and to the divide which 
separates the waters of Yankee Fork on the south and Loon and 
Deep Creeks on the north, and following said divide in an easterly 
direction around the head of Panther Creek to the divide between 
Hat Creek and Ellis Creek; thence on the divide between Hat and 
Ellis Creeks in an easterly direction to the Salmon River; thence 
up the main channel of said Salmon River to the place of beginning, 
be and the same is hereby organized into the County of Custer, and 
the county seat of said county is hereby located at the town of 
Challis. 



Historical: County created by act 
approved Jan. 8, 1881, 11 Ter. Ses. 
340. The boundaries above were de- 



rived from the following acts: Act 
defining- boundaries of Custer County, 
If) Ter. Ses. 26. 



Elmore County. 

Sec. 23k. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Beginning at a point on the top 
of the Saw Tooth Range of Mountains where the counties of Blaine, 
Boise and Custer unite; thence along the present line of Custer 
County to a point where the said line intersects the summit of the 
Saw Tooth Range ; thence following the spur of said range to where 
the trail crosses the summit of Mattingly Creek Divide ; thence along 
the said divide to a point as far east as the range line between 
Ranges 11 and 12 East would come if extended north; thence south 
to Snake River; thence down the middle of the channel of Snake 
River to a point opposite the mouth of Bruneau River [15 Ter. Ses. 
38; Laws 1895, 31]; thence in a straight line in a northeasterly 
direction to a point in the center of the channel of Boise River op- 
posite the mouth of Moore's Creek [Laws 1895, 15 ; re-enacted Laws 
1899, 234] ; thence upon and along the boundary line of the County 
of Boise to the place of beginning, be and the same is hereby or- 
ganized into the County of Elmore, and the county seat of said 
county is hereby located at the town of Mountainhome. 



Historical: County created by act 
approved Feb. 7, 188 9, 15 Ter. Ses. 
37. The boundaries above were de- 
rived from the following acts: Act 



creating - county, 15 Ter. Ses. 37; act 
defining boundary between Ada and 
Elmore Counties, Laws 1895, 15, re- 
enacted Laws 1899, 234. 



Fremont County. 

Sec. 23 1. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Beginning at a point where the 
northern boundary of the State of Idaho intersects the western 
boundary of the State of Wyoming; thence running westerly along 
the northern boundary of the State of Idaho [15 Ter. Ses. 38] to 
the range line between Ranges 30 and 31, E. B. M. ; thence due south 
along said range line to the southwest corner Township 11 North, 
Range 31 East B. M., [Laws 1899, 273] ; thence due west to a point 
due north of the Big Southern Butte; thence due south [15 Ter. 
Ses. 38] to the line between Townships 3 and 4 North ; thence east 
along the said township line between Townships 3 and 4 North 



184 



POLITICAL DIVISIONS 



Tit. 1 



[Laws 1893, 94] to a point where the said line bisects the top or 
comb of the Big Hole Mountain Range; thence following along the 
top or comb of the said mountains in a southeasterly direction to 
the Wyoming line; thence north along the said Wyoming State line 
to the point of beginning [Laws 1903, 222], be and the same is hereby 
organized into the County of Fremont, and the county seat of said 
county is hereby located at the town of St. Anthony. 



Historical: County created by act 
approved Mar. 4, 1893, Laws 1893, 94. 
The boundaries above were derived 
from the following acts: Act creating 
Fremont County, Supra.; act denning 
boundaries of Bingham County, 15 



Ter. Ses. 38; act to annex portion of 
Lemhi County to Fremont County, 
Laws 1899, 2 73; act to annex portion 
of Bingham County to Fremont 
County, Laws 1903, 222. 



Idaho County. 

Sec. 23m. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at the junction of 
the Salmon River with the Snake River; thence up the middle of 
the channel of Salmon River to the mouth of Deep Creek; thence 
up the middle of the channel of Deep Creek to the mouth of the Right 
fork of Deep Creek; thence up the middle of the channel of the 
Right Fork of Deep Creek to a point where the line between Ranges 
1 and 2 West B. M. crosses Deep Creek; thence due north along the 
said line to the point where the said line crosses Willow Creek ; thence 
down the middle of the channel of Willow Creek to its junction with 
Lawyer's Canyon; thence down the middle of the channel of 
Lawyer's Canyon to its junction with the Clearwater River; thence 
down the middle of the channel of Clearwater River to the mouth 
of Lolo Creek; thence up the middle of the channel of Lolo Creek 
to the head of Lolo Creek, and thence in a direct line to the Lolo 
Pass at the summit of the Bitter Root Mountains; thence south- 
easterly and southerly following the present defined boundary line 
between the State of Idaho and the State of Montana [Laws 1899, 79] 
to a point directly north of the confluence of the Middle Fork of 
Salmon River with the main Salmon River in the State of Idaho, 
and running thence south to the confluence of the Middle Fork of 
Salmon River with the main Salmon River, running thence southerly 
along the center line or middle of the channel of said Middle Fork 
of Salmon River [Laws 1903, 48] to the divide which separates the 
waters of Payette River and its tributaries from the waters of 
Salmon River and its tributaries [3 Ter. Ses. 214; Special and Local 
Laws, 120] ; thence in a northerly and northwesterly direction along 
the said divide to the line of Washington County at a point due east 
of the northern point of Little Salmon Meadows; thence due west 
to the Little Salmon River; thence down the Little Salmon River to 
a point due east of the point where the section line between Sections 
6 and 7, Township 22 North, Range 1 East, B. M. intersects the 
said meridian; thence due west to the middle of the main channel 
of Snake River; thence down the middle of the main channel of 
Snake River to the mouth of Salmon River, the place of beginning 
[Laws 1905, 303], be and the same is hereby organized into the 
County of Idaho, and the county seat of said county is hereby located 
at the town of Grangeville. 



Ch. 2. 



COUNTIES 



185 



Historical: County created by act 
approved Feb. 4, 1864, 1 Ter. Ses. 628; 
boundaries denned 3 Ter. Ses. 214; 
8 Ter. Ses. 730; 10 Ter. Ses. 40; Spe- 
cial Laws, 12 0; 15 Ter. Ses. 54; Laws 
1891, 117, re-enacted Laws 1899, 79; 
Laws 1895, 21, re-enacted Laws 1899, 
22. The boundaries above were de- 



rived from the following acts: Act to 
define boundaries of Boise County, 
Laws 18 99, 79; act to define bounda- 
ries of Lemhi County, Laws 1903, 48; 
act defining- boundaries, 3 Ter. Ses. 
214; Special Laws 120; act to define 
boundaries of Washington County, 
Laws 1905, 303. 



Kootenai County. 

Sec. 23n. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at a point where the 
watershed between Hangman's Creek and the Palouse River crosses 
the boundary line between the States of Idaho and Washington; 
thence in a southeasterly direction along said watershed to a point 
where this line crosses the section line between Sections 27 and 28, 
in Township 43 North, Range 4 West, B. M. ; thence south on said 
section line to the section corner common to Sections 27, 28, 33 
and 34, in the same township and range; thence east on this section 
line to the east boundary of said township and range; thence north 
on the range line to !he northwest corner of Section 31, Township 
43 North, Range 3 West. B. M. ; thence east along the section line 
running on the north side of said Section 31 to the northeast corner 
of Section 33, Township 43 North, Range 1 West B. M. ; thence 
south one mile to the township line between Townships 42 
and 43 North; thence east along the said township line [Laws 1905, 
334] to a point due north of mouth of South Fork of Clearwater 
River [1 Ter. Ses. 628] ; thence due north along the western boundary 
of the County of Shoshone to the intersection of the same with the 
township line between Townships 52 and 53 North in the State of 
Idaho ; thence west on the said township line to the northeast corner 
of Township 52 North, Range 2 West B. M. ; thence north along 
range line between Ranges 1 and 2 to the northeast corner of Section 
36, Township 54 North, Range 2 West B. M. ; thence due west six 
miles to the northeast corner of Section 36, Township 54 North, 
Range 3 West B. M. ; thence south on the range line between Sections 
36 and 31 to the northeast corner of Township 53 North, Range 3 
West B. M. ; thence west on the township line between Townships 
53 and 54 North, to a point where the said township line intersects 
the boundary line between the State of Idaho and the State of Wash- 
ington [Laws 1907, 47] ; thence south along the said State boundary 
line to the point of beginning [4 Ter. Ses. 126], be and the same is 
hereby organized into the County of Kootenai, and the county seat 
of said county is hereby located at the town of Rathdrum. 



Historical: County created by act 
approved Dec. 2 2, 1864, 2 Ter. Ses. 
432. The boundaries above were de- 
rived from the following acts: Act 
defining- boundaries of Kootenai 
County, 4 Ter. Ses. 126; act creating 



Shoshone County, 1 Ter. Ses. 628; act 
defining boundaries between Kootenai 
and Latah Counties, Laws 1905, 334; 
act creating Bonner County, Laws 
1907, 47. 



Latah County. 

Sec. 23o. All that portion of the State of Idaho included within the 
following boundaries, to-wit: Commencing at a point where the 
middle line of Township 37 North intersects the boundary line be- 



186 



POLITICAL DIVISIONS 



Tit. 1 



tween the State of Idaho and the State of Washington [25 U. S. 
Stat, at Large, 147] ; thence north along the said boundary line to a 
point where the watershed between Hangman's Creek and Palouse 
River crosses the said boundary line ; thence in a southeasterly direc- 
tion along the said watershed to a point where this line crosses the 
section line between Sections 27 and 28, in Township 43 North, Range 
4 West B. M.,; thence south on the said section line to the section 
corner common to Sections 27, 28, 33 and 34, in the same township 
and range; thence east on this section line to the eastern boundary 
of the said township and range; thence north on the range line to 
the northwest corner of Section 31, Township 43 North, Range 3 
West B. M. ; thence east along the section line running on the north 
side of said Section 31 to the northeast corner of Section 33 in 
Township 43 North, Range 1 West B. M. ; thence south one mile 
to the township line between Townships 42 and 43 North; thence 
east along the said township line to a point directly north of the 
mouth of the South Fork of Clearwater River [Laws 1905, 333] ; 
thence due south [1st Ter. Ses. 628; 8th Ter. Ses. 727] to the middle 
line of Township 38 North ; thence west to Big Potlatch Creek, where 
it first intersects the middle line of Township 38 North ; thence down 
the said creek southwesterly to a point where it intersects the middle 
line of Township 37 North ; thence due west to the point of beginning, 
be and the same is hereby formed and organized into a county to 
be known and designated as the County of Latah, and the county 
seat of the said county is hereby located at the town of Moscow. 
[25 U. S. Stat. 147.] 



Historical: County created by act 
of Congress approved May 14, 1888, 
25 U. S. Stat. 147. The boundaries 
above were derived from the follow- 
ing acts: Act creating Latah County, 



25 U. S. Stat. 147; act defining bound- 
ary line between Latah and Kootenai 
Counties, Laws 1905, 333; act creating 
Shoshone County, 1st Ter. Ses. 62 8. 



Lemhi County. 

Sec. 23p. All that portion of the State of Idaho included within 
the following boundaries, to-wit : Commencing at a point on the 
boundary line between the State of Idaho and the State of Montana 
directly north of the confluence of the Middle Fork of Salmon River 
with the main Salmon River in the State of Idaho, and running 
thence south to the confluence of the Middle Fork of the Salmon 
River with the main Salmon River, running thence southerly along 
the center line of the middle of the channel of the said Middle Fork 
of the Salmon River to the mouth of Loon Creek [Laws 1903, 48] ; 
thence up Loon Creek to the mouth of Warm Springs Creek; thence 
up Warm Springs Creek and to the divide which separates the waters 
of Yankee Fork on the south and Loon and Deep Creeks on the 
north and following the said divide in an easterly direction around 
the head of Panther Creek to the divide between Hat Creek and 
Ellis Creek; thence on the divide between Hat and Ellis Creeks 
in an easterly direction to the Salmon River; thence up the 
main channel of said Salmon River to the confluence of the 
Pahsimeroi River with the Salmon River, and running thence up 
the Pahsimeroi River to the mouth of Big Creek; thence up Big 



Ch.2. 



COUNTIES 



187 



Creek and on a line from the head thereof with the general course 
of the said creek to the summit of the divide between the waters 
of the Pahsimeroi River and the Lemhi River; thence southeasterly 
on the summit of the said divide to a point due west from the head 
waters of the Little Lost River; thence due east to the head waters 
of the Little Lost River; thence down the Little Lost River [15th 
Ter. Ses. 2.6] to the intersection of the same with the township line 
between Townships 10 and 11 North; thence due east along the 
said Township line [Laws 1899, 111] to the southeast corner of 
Township 11 North, Range 31 East B. M. ; thence due north 
along the range line between Ranges 30 and 31 East B. M. to the 
intersection of the same with the boundary line of the State of 
Montana [Laws 1899, 273] ; thence generally in a northwesterly 
direction along the said State boundary line to the point of beginning, 
be and the same is hereby organized into the County of Lemhi, and 
the county seat of the said county is hereby located at the town of 
Salmon. 



Historical: County created by act 
approved Jan. 9, 1869, 5th Ter. Ses. 
117. The boundaries above were de- 
rived from the following' acts: Act to 
define portion of boundary of Lemhi 
County, Laws 1903, 48; act to define 



boundaries of Custer County, 15th 
Ter. Ses. 26; act to define boundaries 
of Lemhi County, Laws 1899, 111; 
act to annex portion of Lemhi County 
to Fremont County, Laws 1899, 273. 



Lincoln County. 

Sec. 23q. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at the northeast cor- 
ner of Township 3 South, Range 11 East B. M. ; thence south follow- 
ing the township line between Ranges 11 and 12 East B. M. to a 
point where the said line intersects the middle of the channel of 
Snake liver; thence easterly following the middle of the channel 
of Snake River to a point where the range line between Ranges 25 
and 26 East intersect said channel ; thence north along said range line 
to a point where said line intersects the township line between Town- 
ships 2 and 3 South; thence west along said line to the place of 
beginning, is hereby organized into the County of Lincoln, and the 
county seat of said county is hereby located at the town of Shoshone. 

Historical: County created by act 
approved March 18, 1895, Laws 1895, 

170. 

Nez Perce County. 

Sec. 23r. All that portion of the State of Idaho included within tne 
following boundaries, to-wit: Commencing at a point in the 
middle of the channel of Snake River opposite the junction of Salmon 
River; thence up the middle of the channel of Salmon River to the 
mouth of Deep Creek; thence up the middle of the channel of Deep 
Creek to the mouth of the Right Fork of Deep Creek; thence up the 
middle of the channel of said Right Fork of Deep Creek to the point 
where the line between Ranges 1 and 2 West B. M. crosses Deep 
Creek; thence due north along the said line to the point where the 
said line crosses Willow Creek; thence down the middle of the chan- 
nel of Willow Creek to its junction with Lawyer's Canyon; thence 



188 



POLITICAL DIVISIONS 



Tit. 1 



down the middle of the channel of Lawyer's Canyon to its junction 
with Clearwater River; thence down the middle of the channel of 
Clearwater River to the mouth of Lolo Creek; thence up the middle 
of the channel of Lolo Creek to the head of Lolo Creek, and thence 
in a direct line to the Lolo Pass at the summit of the Bitter Root 
Mountains; thence in a northwesterly direction along the western 
boundary of the State of Montana to the intersection of the same 
[Laws 1899, 79] with the northern boundary line of Township 41 
North; thence west along the said boundary line [Laws 1903, 204] 
to a point directly north of the mouth of the South Fork of Clear- 
water River [1st Ter. Ses. 628] ; thence due south to a point where 
the middle line of Township 38 North intersects the said line ; thence 
west to Big Potlatch Creek, where it first intersects with the said 
middle line of Township 38 North ; thence down the said creek south- 
westerly to a point where it intersects the middle line of Township 
37 North; thence due west to the boundary line between the State 
of Idaho and the State of Washington [25 Stat, at Large, 147] ; 
thence south along the said boundary line to the point of beginning, 
be and the same is hereby organized into the County of Nez Perce, 
and the county seat of the said county is hereby located at the town 
of Lewiston. 



Historical: Act creating county ap- 
proved Feb. 4, 1864, 1st Ter. Ses. 628; 
boundaries defined 4th Ter. Ses. 126; 
boundaries defined 13th Ter. Ses. 126. 
The boundaries above were derived 
from the following acts. Act defining 
boundaries of Latah County, Laws 



1899, 79; act to annex portion of Sho- 
shone County to Nez Perce County, 
Laws 1903, 204; act creating- Sho- 
shone County, 1st Ter. Ses. 628; act 
of Congress creating Latah County, 2 5 
U. S. Stat. 14 7. 



Oneida County. 

Sec. 23s. All that portion of the State of Idaho included within 
the following boundaries, to-wit : Commencing at a point where the 
113 meridian west from Greenwich intersects with the northern 
boundary line of the State of Utah, and running thence north along the 
said meridian to Snake River; thence up said river [1 Ter. Ses. 
625] to the mouth of the Portneuf River and up the Portneuf River 
to what is known as the Point of the Mountain, about four miles 
northwest of Pocatello; thence southerly in a straight line to the 
top of the range; thence along the crest of the mountains between 
Malad and Marsh Valleys to a point on the top of the range due 
west of a point one mile south of the present southern boundary 
of the townsite of Oxford; thence due east to the Bear Lake County 
line [Laws 1893, 171] ; thence southerly along the said Bear Lake 
County line, which is the summit of the range of mountains between 
Cache and Bear Lake Valleys to the 23rd mile post on the boundary 
line between the State of Utah and the State of Idaho [8 Ter. Ses. 
720] ; thence west on the State boundary line to the place of be- 
ginning, be and the same is hereby organized into the County of 
Oneida, and the county seat of said county is hereby located at Malad 
City. 



Historical: County created by act 
approved Jan. 2, 1864, 1 Ter. Ses. 625. 
The boundaries above were derived 
from the following acts: Act creat- 



ing county, 1 Ter. Ses. 625; act creat- 
ing Bannock County, Laws 1893, 171: 
act creating Bear Lake County, 8 Ter. 
Ses. 720. 



Ch.2. 



COUNTIES 



189 



Owyhee County. 

Sec. 23t. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Beginning on the Snake River at 
mouth of the Owyhee River and running due south along the eastern 
boundary line of the State of Oregon to the northern boundary of 
the State of Nevada; thence east along the northern boundary of 
the State of Nevada [1st Ter. Ses. 628] to the 38th meridian of 
longitude west from Washington; thence north along the said 
meridian to the Snake River [10th Ter. Ses. 43] ; thence down the 
channel of the Snake River in a westerly direction to the mouth of 
the Owyhee River, the place of beginning, be and the same is hereby 
organized into the County of Owyhee, and the county seat of the 
said county is hereby located at Silver City. 



Historical: County created Dec. 31, 
1863, 1st Ter. Ses. 624; act locating 
county seat at Silver City approved 
Jan. 2, 1867. The boundaries above 
were derived from the following acts: 



Act creating Owyhee County, 1st Ter. 
Ses. 624; boundaries redefined, 1st 
Ter. Ses. 628; act creating Cassia 
County, 10th Ter. Ses. 43. 



Shoshone County. 

Sec. 23u. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at a point where 
the township line between Townships 41 and 42 North intersects 
the western boundary of the State of Montana; thence in a northerly 
direction along the said boundary and with the Bitter Root Range 
of Mountains until the said range turns in a westerly direction and 
is called Coeur d' Alene; thence with the said Coeur d' Alene Range 
of Mountains in a westerly direction until a point is attained due 
north of the mount of the South Fork of the Clearwater River [1st 
Ter. Ses. 628] ; thence south to the township line between Townships 
41 and 42 North; thence east on the said township line to the in- 
tersection of the same with the boundary line of the State of Mon- 
tana, the place of beginning [Laws 1903, 204], be and the same is 
hereby organized into the County of Shoshone, and the county seat 
of the said county is hereby located at the town of Wallace. 



Historical: County created by act 
approved Feb. 4, 186 4, 1st Ter. Ses. 
628. The boundaries above were de- 
rived from the following acts: Act 



creating Shoshone County, 1st Ter. 
Ses. 628; act to annex portion of Sho- 
shone County to Nez Perce County, 
Laws 1903, 204. 



Twin Falls County. 

Sec. 23w. All that portion of the State of Idaho included within 
the following boundaries, to-wit : Commencing with the intersection 
of the middle of the channel of the Snake River with the north and 
south center line of Section 28, Township 10 South, Range 21 East 
B. M., running thence south on said center line of Section 28 to the 
point of Intersection of the north line of the right of way of the Mini- 
doka & Southwestern Railroad Company, which point is 100 feet dis- 
tant, at right angles, from the center of the main track of the line of 
road of said railroad company as the same is now located; running 
thence in a southwesterly direction along the north line of said rail- 
road right of way to a point where said line intersects the south 
line of the canal right of way of the Twin Falls Land & Water 



190 



POLITICAL DIVISIONS 



Tit. 1 



Company, which point of intersection is 100 feet distant, at right 
angles, from the center line of the main canal of said Twin Falls 
Land & Water Company; running thence south to the south line of 
Section 36, Township 10 South, Range 20 East B. M. ; thence west 
to the southwest corner of Section 36; thence south on the section 
lines to the south line of Township 11; thence west to the southeast 
corner of Township 11 South, Range 18 East B. M. ; thence south 
on the range lines to the south line of the State of Idaho ; thence due 
west along the south line of the State of Idaho to the 38th meridian 
of longitude west from Washington; thence north along said me- 
ridian to the intersection of the center of the main channel of Snake 
River; thence up the center of the main channel of Snake River to 
the point of beginning, be and the same is hereby organized into 
the County of Twin Falls, and the county seat of said county is 
hereby located at the village of Twin Falls. 

Historical: County created by act 
approved Feb. 21, 1907, Laws 1907, 
40. 

Washington County. 

Sec. 23w. All that portion of the State of Idaho included within 
the following boundaries, to-wit: Commencing at a point on Snake 
River, where the Second Standard Parallel intersects the same, run- 
ning thence east along said line to where said line intersects the 
boundary line between the Counties of Boise and Canyon; thence 
northerly upon said boundary line to the summit dividing the waters 
of the Payette and Weiser Rivers; thence along said divide in a 
northerly direction to a point on said divide known as Big Rock 
Flat, where the waters flow into the Little Salmon; thence in a 
northeasterly direction on a low divide separating the waters of the 
Little Salmon and Payette Rivers to a point due east of the northern 
point of Little Salmon Meadows; thence west to the Little Salmon 
River; thence down the Little Salmon River to a point due east of 
the point where the section line between Sections 6 and 7, Township 
22 North, Range 1 East B. M. intersects said meridian; thence due 
west to the middle of the main channel of Snake River; thence up 
said channel to the place of beginning, be and the same is hereby 
organized into the County of Washington, and the county seat of 
said county is hereby located at the town of Weiser. 



Historical: County created by act 
approved Feb. 2, 1879, 10 Ter. Ses. 40. 
The above boundaries were derived 
from the following- acts: Act to better 
define boundaries, Laws 1891, 41; act 



to better define boundaries, Laws 
1895, 21; act to better define bounda- 
ries, 1899, 22; also Laws 1899, 79; act 
to define boundaries, Laws 1905, 303. 



CHAPTER 3. 
LEGISLATIVE DISTRICTS. 



Section 

2 5. Apportionment of the Legisla- 
ture. 



Apportionment of the Legislature. 

Sec. 25. The apportionment of the two houses of the Legislature 
is as follows : 



Ch. 3. LEGISLATIVE DISTRICTS 191 



The First Senatorial District consists of the County of Ada, and 
shall elect one Senator. 

The Second Senatorial District consists of the County of Blaine, 
and shall elect one Senator. 

The Third Senatorial District consists of the County of Bannock, 
and shall elect one Senator. 

The Fourth Senatorial District consists of the County of Bear 
Lake, and shall elect one Senator. 

The Fifth Senatorial District consists of the County of Bingham, 
and shall elect one Senator. 

The Sixth Senatorial District consists of the County of Boise, 
and shall elect one Senator. 

The Seventh Senatorial District consists of the County of Canyon, 
and shall elect one Senator. 

The Eighth Senatorial District consists of the County of Cassia, 
and shall elect one Senator. 

The Ninth Senatorial District consists of the County of Bonner, 
and shall elect one Senator. 

The Tenth Senatorial District consists of the County of Custer, 
and shall elect one Senator. 

The Eleventh Senatorial District consists of the County of El- 
more, and shall elect one Senator. 

The Twelfth Senatorial District consists of the County of Fre- 
mont, and shall elect one Senator. 

The Thirteenth Senatorial District consists of the County Df 
Idaho, and shall elect one Senator. 

The Fourteenth Senatorial District consists of the County of 
Latah, and shall elect one Senator. 

The Fifteenth Senatorial District consists of the County of Lemhi, 
and shall elect one Senator. 

The Sixteenth Senatorial District consists of the County of 
Kootenai, and shall elect one Senator. 

The Seventeenth Senatorial District consists of the County of 
Lincoln, and shall elect one Senator. 

The Eighteenth Senatorial District consists of the County of Nez 
Perce, and shall elect one Senator. 

The Nineteenth Senatorial District consists of the County of 
Oneida, and shall elect one Senator. 

The Twentieth Senatorial District consists of the County of 
Owyhee, and shall elect one Senator. 

The Twenty-first Senatorial District consists of the County of 
Shoshone, and shall elect one Senator. 

The Twenty-second Senatorial District consists of the County of 
Washington, and shall elect one Senator. 

The Twenty-third Senatorial District consists of the County of 
Twin Falls, and shall elect one Senator. 

The several counties shall elect members of the House of Repre- 
sentatives as follows : 

Ada County, five (5) members. 

Bannock County, three (3) members. 

Bear Lake County, two (2) members. 



192 



POLITICAL DIVISIONS 



Tit. 1 



Bingham County, three (3) members. 

Blaine County, two (2) members. 

Boise County, one (1) member. 

Bonner County, two (2) members. 

Canyon County, three (3) members. 

Cassia County, one (1) member. 

Custer County, one (1) member. 

Elmore County, one (1) member. 

Fremont County, four (4) members. 

Idaho County, three (3) members. 

Kootenai County, three (3) members. 

Latah County, three (3) members. 

Lemhi County, one (1) member. 

Lincoln County, one (1) member. 

Nez Perce County, five (5) members. 

Oneida County, two (2) members. 

Owyhee County, one (1) member. 

Shoshone County, three (3) members. 

Twin Falls County, one (1) member. 

Washington County, two (2) members. 

Any new county which may hereafter be created shall constitute 
a Senatorial District, and shall elect one Senator, and shall elect one 
Representative. 



Historical: Laws 1905, 43 0, Sec. 1; 
amended Laws 1907, 472, Sees. 1, 2. 

Cross Reference: Constitutional 
provision relating to apportionment; 
Const. Art. 3, Sec. 2. Senatorial or 
Representative district, when more 
than one county shall constitute the 
accorded representation to two coun- 
ties created by an act subsequently 
declared to be unconstitutional, and 
omitted to provide representation for 
the counties from which the two cre- 
ated counties were organized, is un- 
constitutional. Balientine v. Willey 
(1893) 3 Ida. 496; 31 Pac. 994. 

An apportionment act which con- 
templates that each county shall have 
one Senator and Representatives in 
proportion to population, is valid and 
constitutional, although an act pur- 



porting to create certain counties for 
same, shall be composed of contiguous 
counties, and no county shall be di- 
vided in creating such districts. Const. 
Art 3, Sec. 5. 

Construction of Prior Acts: Laws 
1891, 195, which, in providing for 
the apportionment of the Legislature, 
the representation of which the ap- 
portionment act provides, is after- 
wards held unconstitutional, and in 
such case the apportionment act will 
be enforced according to its terms, ex- 
cept that one Senator will be accorded 
to the county from which the at- 
tempted new counties were created, 
and Representatives will be allowed to 
such county in proportion to its popu- 
lation. Heitman v. Gooding (1906) 
12 Ida. 581; 86 Pac. 785. 



CHAPTER 4. 
JUDICIAL DISTRICTS. 

Section 

2 6. Judicial Districts defined. 

Judicial Districts Defined. 

Sec. 26. The State is divided into seven Judicial Districts, which 
are hereby denned as follows: 

The First District comprises the Counties of Shoshone, Kootenai 
and Bonner; 

The Second District comprises the Counties of Latah, Nez Perce 
and Idaho; 



Ch. 5. 



CESSIONS TO FEDERAL GOVERNMENT 



193 



The Third District comprises the Counties of Ada and Boise ; 

The Fourth District comprises the Counties of Blaine, Lincoln, 
Cassia, Elmore and Twin Falls; 

The Fifth District comprises the Counties of Bear, Lake, Oneida 
and Bannock; 

The Sixth District comprises the Counties of Fremont, Bingham, 
Lemhi and Custer; and 

The Seventh District comprises the Counties of Canyon, Wash- 
ington and Owyhee. 



Historical: Const. Art. 5, Sec. 2 4, 
as modified by acts creating new 
counties and attaching- them to ju- 
dicial districts, and by Laws 1891, 
189; (re-enacted Laws 1899, 127), re- 



establishing- the Fourth District; Laws 
1903, 72, establishing the Sixth Dis- 
trict, and Laws 1905, 6, establishing 
the Seventh District. 



CHAPTER 5. 

CESSIONS TO THE FEDERAL GOVERNMENT AND ASSENTS TO ACTS 

OF CONGRESS. 



Section 

27. Cession to the United States. 

28. Consent to purchases by United 
States. 



Section 

2 9. Establishment of agricultural ex- 
periment stations. 

30. Same: Assent to increased ap- 
propriation. 



Cession to the United States. 

Sec. 27. Pursuant to Article 1, Section 8, Paragraph 17, of the 
Constitution of the United States, consent to purchase is hereby 
given, and exclusive jurisdiction ceded, to the United States over 
and with respect to all lands embraced within the military posts 
and reservations of Fort Sherman and Boise Barracks, together 
with such other lands in the State as may be now or hereafter 
acquired and held by the United States for military purposes, either 
as additions to the said posts or as new military posts or reserva- 
tions which may be established for the common defense; and, also, 
all such lands within the State as may be included in the territory 
of the Yellowstone National Park, reserving, however, to this State 
a concurrent jurisdiction for the execution, upon said lands, or in 
the buildings erected thereon, of all process, civil or criminal, law- 
fully issued by the courts of the State, and not incompatible with 
this cession. 

Historical: Laws 1899, 22, Sec. 1; 
re-enacting Laws 1890-91, 40, Sec. 1. 

Consent to Purchases by United States. 

Sec. 28. Consent is given to any purchase already made, or that 
may hereafter be made, by the Government of the United States, 
of any lots, or tracts of land, within this State, for the use of such 
government, and to erect thereon and use such buildings, or other 
improvements, as may be deemed necessary by said government; and 
over such lands and the buildings, or improvements, that are, or may 
be erected thereon, the said government shall have entire control 
and jurisdiction, except that the State shall have jurisdiction to ex- 
ecute thereon all process, civil or criminal, lawfully issued by the 
courts of this State, and not incompatible with this cession. 



194 POLITICAL DIVISIONS Tit. 1 



Historical: Laws 1899, 2 35, Sec. 1; 
re-enacting Laws 1895, 21, Sec. 1. 

Establishment of Agricultural Experimental Stations. 

Sec. 29. The assent of the Legislature of the State of Idaho is 
hereby given to all the provisions of an act of Congress, approved 
July 2, 1862, entitled, "An Act Donating Public Lands to the Several 
States Which May Provide Colleges for the Benefit of Agriculture 
and the Mechanic Arts," and the acts amendatory thereof and sup- 
plementary thereto; and, also, an act approved March 2, 1887, en- 
titled, "An Act to Establish Agricultural Experimental Stations in 
Connection With the Colleges Established in the Several States 
Under the Provisions of an Act Approved July 2, 1862, and the Acts 
Supplemental Thereto," and the acts amendatory thereof and supple- 
mentary thereto. 

Historical: Laws 1899, 9, Sec. 1; re- 
enacting Laws 189-91, 16, Sec. 1. 

Same: Assent to Increased Appropriation. 

Sec. 30. The assent of the Legislature of the State of Idaho shall 
be, and the same is hereby, given to all the provisions of an act of 
Congress, approved June 16, 1906, entitled, "An Act to Provide for 
an Increased Annual Appropriation for Agricultural Experiment 
Stations and Regulating the Expenditures Thereof." And the Legis- 
lature of the State of Idaho hereby approves of, and assents to, the 
purposes of the grants and appropriations provided for and made 
by said act of Congress, and hereby agrees to abide by the terms, 
conditions, requirements and limitations thereof. 

Historical: Laws 1907, 2 2, Sec. 1. 



TITLE 2 
PUBLIC OFFICERS 



Chapter 




Cha 


1. 


Classification and term of office. 


13. 


2. 


Legislative officers. 




14. 


3. 


Executive officers and Ca 
Trustees. 


pitol 


15. 


4. 


Governor. 




16. 


5. 


Secretary of State. 






6. 


State Auditor. 




17. 


7. 


State Treasurer. 




18. 


8. 


Attorney General. 




19. 


9. 


State Board of Examiners. 




20. 
21. 


10. 


State Engineer. 




11. 


Insurance Commissioner and 


Ex- 




aminer. 




22. 


12. 


Bank Commissioner. 







ipter 

Fish and Game Warden. 

Inspector of Mines. 

Other executive officers and 
boards. 

Officers of the Judicial Depart- 
ment. 

Notaries Public. 

Commissioners of Deeds. 

General provisions applicable to 
all officers. 

Bonds of officers. 

Resignations and vacancies. 

Miscellaneous provisions. 



CHAPTER 1. 
CLASSIFICATION AND TERM OF OFFICE. 



Section 

31. Classification of officers. 

32. Commencement of term of office. 



Section 

32a. Holding office after expiration of 
term. 



Classification of Officers. 

Sec. 31. The public officers of this State are classified as follows: 

1. Legislative; 

2. Executive; 

3. Judicial ; 

4. Ministerial officers and officers of the courts. But this classi- 
fication is not to be construed as defining the legal powers of either 
class. 



Historical: Rev. St. 1887, Sec. 110. 

California Legislation: Same: Pol. 
Code 1872, Sec. 220; Deering's Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Classification by 
Constitution: Art. 2, Sec. 1. 



Commencement of Term of Office. 

Sec. 32. The regular term of office of State and District officers, 
and of the Judges of the Supreme and District Courts, shall 
commence on the first Monday of January next after their election. 



Historical: Laws 1899, 67, Sec. 1; 
)' -' nacting and amending Laws 1890- 
91, 57, Sec. 13. 



Cross Reference: Commencement of 
term of State executive officers: Const. 
Art. 4, Sec. 1. 



Holding Office After Expiration of Term. 

Sec. 32a. Every officer elected or appointed for a fixed term shall 



196 



PUBLIC OFFICERS 



Tit. 2 



hold office until his successor is elected or appointed and qualified, 
unless the statute under which he is elected or appointed expressly 
declares the contrary. This section shall not be construed in any 
way to prevent the removal or suspension of such officer, during or 
after his term, in cases provided by law. 



Historical: Laws 1899, 6 7, Sec. 5; 
re-enacting Laws 1890-91, 57, Sec. 
172. 

Duration of Office: The right of 
the incumbent to hold office until his 



successor is elected and qualified is as 
much a part of the estate in the office 
as the original term. People v. Green 
(1869) 1 Ida. 235. 



CHAPTER 2. 
LEGISLATIVE OFFICERS. 



and assembly of 



Article 

1. Constitution 
Legislature. 

2. Contested elections. 

3. Attendance of witnesses before 
Legislature. 



Article 

4. Enactment of laws and journal. 

5. Operation of laws. 

6. Employees of the Legislature. 



ARTICLE 1. 
COXSTITUTIOX AXD ASSEMBLY OF LEGISLATURE. 



Section 

33. Constitution of Legislature. 

3 4. Terms of members. 

3 5. Certificate of election. 



Section 

36. Organization of Legislature. 

3 7. Who may administer, oaths. 



Note: Legislature to meet bi-ennially on the first Monday after the 
first day of January: Const. Art. 3, Sec. 8. Extra sessions to be called 
by Governor: Const. Art. 4, Sec. 9. 

Constitution of Legislature. 

Sec. 33. The Legislature consists of a Senate and House of Rep- 
resentatives, the members of which are elected from the respective 
senatorial and representative districts, as defined by Section 25 of 
this Code, by the qualified electors of said districts. 



Historical: New section by Com- 
missioner based on Rev. St. 1887, Sec. 
115, and Const. Art. 3, Sees. 1 and 2. 



Cross Reference: ' Investiture of 
legislative power: Const. Art. 3, Sec. 1. 



Terms of Members. 

Sec. 34. The Senators and Representatives shall be elected for the 
term of two years from and after the first day of December next 
following the general election. 



Historical: Laws 1899, 67, Sec. 2; 
re-enacting and amending Laws 1890- 
91, 57, Sec. 14. 

California Legislation: A Senator's 
term is four years: Pol. Code 1872, 
Sec. 2 26; Deering's Code, ib.; Kerr's 
Code, ib. 



Cross Reference: Constitutional 
provisions: Art. 3, Sec. 3. Qualifica- 
tions of Senators and Representatives: 
Const. Art. 3, Sec. 6. 



Certificate of Election. 

Sec. 35. The certificate of election is prima facie evidence of the 
right to membership. 



Ch. 2. Art. 2. legislature — contested elections. 



197 



Historical: Rev. St. 1887, Sec. 121. 

California Legislation: Same ex- 
cept "primary" for "prima facie": 
Pol. Code 1872, Sec. 236; now same as 
amended: Deering's Code, ib.; Kerr's 
Code, ib. 



Cross Reference: Secretary of State 
to make out. certificates of election: 
Sec. 45 5. Secretary of State to lay 
before each house a list of members 
elected: Sec. 456: 



Organization of Legislature. 

Sec. 36. At the hour of twelve o'clock M., on the day appointed 
for the meeting of any regular session of the Legislature, the pre- 
siding officer, or in his absence the chief clerk, of each house of 
the last session, must call the same to order and preside until a pre- 
siding officer is chosen, or in case of the absence of both of said 
officers, the senior member present must perform said duties; all 
members-elect present having certificates of election from the Secre- 
tary of State, and no other persons, have the right to participate in 
the organization of the respective houses. Neither house must or- 
ganize or transact any business, but must adjourn from day to day, 
until a majority of all the members authorized by law to be elected 
are present. 



Historical: Rev. St. 1887, Sec. 122. 
"Clerk of the Board of County Com- 
missioners" changed to "Secretary of 
State" to conform to Laws 1899, 33, 
Sec. 99. 

California Legislation: Separate 



provisions for Senate and Assembly: 
Pol. Code 1872, Sees. 238, 239; Deer- 
ing-'s Code, ib.; Kerr's Code, ib. 

Cited: (Dis. op.) Burkhart v. Reed 
(1889) 2 Ida. 503; 22 Pac. 1. 



Who May Administer Oaths. 

Sec. 37. The President and President pro tern, of the Senate, 
and the Speaker and Speaker pro tern, of the House, may administer 
the oath of office to any member, and to the officers of their respective 
bodies. The members of any committee may administer oaths to 
witnesses in any matter under examination. 



Historical: Rev. St. 1887, Sec. 12 3. 
California Legislation: Similar: 



Pol. Code, 1872, Sec. 252; Deering's 
Code, ib.; Kerr's Code, ib. 



ARTICLE 2. 
CONTESTED ELECTIONS. 



Section 

3 9. Grounds of contest. 

40. Incumbent defined. 

41. Misconduct: When sufficient to 
vitiate election. 

42. Jurisdiction: Contests over ex- 
ecutive offices. 

43. Same: Contest over legislative 
offices. 

4 4. Notice of contest. 

15. Service of notice: Examination 
of witnesses. 

46. Subpoenas: Application for. 

4 7. Same: How Issued. 

48. Disobedience of subpoena: Pen- 
alty. 



Section 

49. Production of papers. 

5 0. Witnesses' fees and mileage. 

51. Testimony: How taken, certified 
and preserved. 

52. Examination of poll books and 
ballots. 

53. Fees of officers. 

54. Contest papers delivered to pre- 
siding officers. 

55. Same: Notice of receiving pa- 
pers. 

56. Opening and custody of papers. 

57. Preservation of evidence. 



Grounds of Contest. 

Sec. 39. The election of any person to any legislative or State 



198 



PUBLIC OFFICERS 



Tit. 2 



1. For malconduct, fraud or corruption on the part of the judges 
of election in any precinct, township or ward, or of any board of 
canvassers, or any member of either board, sufficient to change the 
result ; 

2. When the incumbent was not eligible to the office at the time 
of the election ; 

3. When the incumbent has been convicted of felony, unless at 
the time of the election he shall have been restored to civil rights ; 

4. When the incumbent has given or offered to any elector, or 
any judge, clerk, or canvasser of the election, any bribe or reward 
in money, property, or anything of value, for the purpose of pro- 
curing his election ; 

5. When illegal votes have been received or legal votes rejected 
at the polls sufficient to change the result; 

6. For any error in any board of canvassers in counting votes 
or in declaring the result of the election, if the error would change 
the result; 

7. When the incumbent is in default as a collector and custodian 
of public money or property ; 

8. For any cause which shows that another person was legally 
elected. 



Historical: Laws 18 99, 33, Sec. 119; 
re-enacting Laws 1890-91, 57, Sec. 
132. The first clause is rewritten by the 
Commissioner so as to confine the 
provisions of the section to the specific 
subject matter of this article. The 
section as originally enacted is found 
in the Code of Civil Procedure, Sec. 
5026. It is duplicated in this place 



in order to make this article complete. 
The section in its original form ap- 
plies to all contests indiscriminately, 
thus including those under considera- 
tion in this article. 

Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2. Sec. 5665. 



Incumbent Defined. 

Sec. 40. The term "incumbent" as used in the preceding section 
means the person whom the canvassers declare elected. 



Historical: Laws 1899, 33, Sec. 12 0; 
re-enacting Laws 1890-91, 57, Sec. 133. 
This is a duplicate section and is in- 



serted here for the reason stated in 
the note to the preceding section. 



serted here for the reason stated in 
the note to Section 40. 



Misconduct: When Sufficient to Vitiate Election. 

Sec. 41. When the misconduct complained of is on the part of the 
judges of election, it shall not be held sufficient to set aside the 
election unless the vote of the precinct, township or ward would 
change the result as to that office. 

Historical: Laws 18 99, 33, Sec. 121; 
re-enacting Laws 1890-91, 57, Sec. 134. 
This is a duplicate section and is in- 

Jurisdiction : Contests Over Executive Offices. 

Sec. 42. The Legislature, in joint meeting, shall hear and de- 
termine cases of contested election for all officers of the executive de- 
partment. The meeting of the two houses to decide upon such 
elections shall be held in the House of Representatives, and the 
Speaker of the House shall preside. 



Ch. 2. Art. 2. legislature — contested elections. 



199 



Historical: Laws 1899, 33, Sec. 122; 
re-enacting- Laws 1890-91, 57, Sec. 
135. 

Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5668. 



Cited: Hertle v. Ball (1903) 9 Ida. 
193; 72 Pac. 953. 



Same : Contests Over Legislative Offices. 

Sec. 43. The Senate and House of Representatives shall severally 
hear and determine contests of the election of their respective 
members. 



Historical: Laws 1899, 33, Sec. 12 3; 
re-enacting Laws 1890-91, 57, Sec. 
136. 

Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5670. 

Cross Reference: Each house of 



the Legislature is the judge of the 
election, qualifications, and returns of 
its members: Const. Art. 3, Sec. 9. 

Cited: Hertle v. Ball (1903) 9 Ida. 
193; 72 Pac. 953. 



Notice of Contest. 

Sec. 44. Whenever any elector of this State chooses to contest the 
validity of the election of any of the officers of the executive de- 
partment of the State, or whenever any elector of the proper county 
or district chooses to contest the election of any member of the 
Legislature from such county or district, such person shall give notice 
thereof, in writing, and leave a copy thereof with the person whose 
election he intends to contest, within twenty days after the election 
(if the person cannot be found in his district, then a copy to be lelt 
at his last place of residence in the district), naming the points on 
wfhich the election shall be contested, and the name of some person 
authorized by law to administer oaths, selected by him to take the 
depositions, and the time and place for the taking of the same; the 
adverse party may also select one such person on his part to attend 
at the time and place of taking such depositions. 



Historical: Laws 1899, 33, Sec. 12 7; 
re-enacting Laws 1890-91, 57, Sec. 
140. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5674. 



Service of Notice : Examination of Witnesses. 

Sec. 45. The notice provided for in the preceding section shall 
be served at least ten days before the day fixed for the taking of 
depositions. The said two persons selected as aforesaid to take the 
depositions shall proceed jointly, or in default of either one of such 
persons to attend at the time and place fixed upon, the one attending 
shall proceed, to hear and reduce to writing the testimony of all 
witnesses who may be produced by either of said parties, and may 
adjourn from day to day until all said testimony shall have been 
taken and reduced to writing: Provided, That such testimony shall 
be finally closed on or before the 29th of December following. 



Historical: Laws 1899, 33, Sec. 128; 
re-enacting Laws 1890-91, 57, Sec. 141. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5675. 



Subpoenas : Application For. 

Sec. 46. When any contestant or returned member is desirous of 
obtaining testimony respecting a contested election, he may apply for 
a subpoena to any District Judge of the State, or to the probate judge, 



200 



PUBLIC OFFICERS 



Tit. 2 



or any justice of the peace, notary public, mayor, recorder, or other 
civil officer authorized to administer oaths within the county where 
the witness resides or may be found. 



Historical: Rev. St. 18 87, Sec. 131. 
11 Ter. Ses. (1881) 257, See. 13. 
This section and the four following 
sections are perhaps technically re- 
pealed by Laws 1899, 33, Sec. 162, but 



are preserved out of necessity to make 
this article effective. 

California Legislation: See Pol. 
Code 1872, Sec. 277; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: How Issued. 

Sec. 47. The officer to whom the application authorized by the 
preceding section is made, must thereupon issue his writ of subpoena, 
directed to all such witnesses as are named to him, requiring their 
attendance before the officer named in the notice, at some time and 
place named in the subpoena, in order to be examined respecting the 
contested election. 



Historical: Rev. St. 188 7, Sec. 132. 
11 Ter. Ses. (1881) 257, Sec. 14. 



California Legislation: See refer- 
ences following Section 46, ante. 



Disobedience of Subpoena: Penalty. 

Sec. 48. Any person who, having been summoned in the manner 
above directed, refuses or neglects to attend and testify, unless pre- 
vented by sickness or unavoidable necessity, forfeits the sum of 
twenty dollars, to be recovered, with costs of suit, by the party at 
whose instance the subpoena was issued, and for his use, and is 
guilty of a misdemeanor. 

Historical: Rev. St. 1887, Sec. 134. 
See 11 Ter. Ses. (1881) 257, Sec. 16. 

Production of Papers. 

Sec. 49. The officers have power to require the production of 
papers; and on the refusal or neglect of any person to produce and 
deliver up any paper or papers in his possession pertaining to the 
election, or to produce and deliver up certified or sworn copies of 
the same in case they be official papers, such person is guilty of a 
misdemeanor. 



Historical: Rev. St. 1887, Sec. 13 7 
See 11 Ter. Ses. (1881) 257, Sec. 19. 



California Legislation: See refer- 
ences following Section 46, ante. 



Witnesses' Fees and Mileage. 

Sec. 50. Every witness attending by virtue of any subpoena here- 
in directed to be issued is entitled to receive the sum of two dollars 
for each day's attendance, and the further sum of twenty-five cents 
for every mile necessarily traveled in going and returning. Such 
allowance must be ascertained and certified by the officer taking 
the examination, and paid by the party at whose instance such wit- 
ness was summoned. 

Historical: Rev. St. 188 7, Sec. 138. 
11 Ter. Ses. (1881) 257, Sec. 20. 

Testimony : How Taken, Certified and Preserved. 

Sec. 51. No testimony shall be received by the person officiating 
at the taking of the depositions on the part of the contestant which 



Ch. 2. Art. 2 LEGISLATURE — CONTESTED elections. 



201 



does not relate to the points specified in the notice, a copy of which 
notice shall be delivered to the person or persons so officiating, and 
said testimony, together with a copy of the notice, when taken, shall 
be certified by the person or persons before whom the same is taken, 
enveloped, sealed up, indorsed "Deposition taken in the matter of 

the contest of the election of A. B. to the office of ," and 

directed to the Secretary of State, who shall preserve the same, un- 
opened, till the meeting of the Legislature. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 1, Sec. 5676. 



Historical: Laws 1899, 33, Sec. 12 9; 
re-enacting Laws 1890-91, 57, Sec. 142. 

Examination of Poll Books and Ballots. 

Sec. 52. If, at the time of taking depositions to be used before 
the Legislature, or either branch thereof, in the case of a contested 
election, the notice shall allege that it is necessary for the determina- 
tion of such contest that the ballots or the poll books of any election 
district or districts, should be inspected, the officer or officers before 
whom such depositions shall be taken shall, on the request of either 
party to the contest, issue an order requiring the county auditor, or 
other person in whose custody or possession the ballots or poll books 
may be, naming the district or districts mentioned in the notice, to 
deliver them to the person or persons therein named, who shall de- 
liver them to the person or persons issuing such order. Such officer 
or officers shall transmit such ballots or poll books, unopened, in 
the same envelope with the depositions, as provided in the preceding 
section. 



Historical: Laws 1899, 33, Sec. 130; 
re-enacting Laws 1890-91, 57, Sec. 143. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5677. 



Fees of Officers. 

Sec. 53. Officers performing services, in a contested election case, 
may charge and collect from the party at whose instance such services 
were performed, the same fees as are allowed for similar services in 
civil cases. 



Historical: Rev. St. 188 7, Sec. 139. 
See 11 Ter. Ses. (1881) 257, Sec. 21. 
This section is possibly repealed by 
the act referred to in the note to Sec- 
tion 46, but is preserved for the rea- 
sons there stated. 



California Legislation: Same: Pol. 
Code 1872, Sec. 280; Deering's Code, 
ib. ; Kerr's Code, ib. 



Contest Papers Delivered to Presiding Officers. 

Sec. 54. On the second day of the organization of the Legislature, 
the Secretary of State shall deliver to the Speaker of the House all 
papers relating to the contested elections of executive officers, and 
to the presiding officers of each house, all papers relating to contested 
elections of the members of their respective nouses. . 



Historical: Laws 1899, 33, Sec. 131; 
re-enacting Laws 1890-91, 57, Sec. 144. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5678. 



Same : Notice of Receiving" Papers. 

Sec. 55. Upon the reception, by such presiding officers, of papers 
relating to contested elections, they shall immediately give notice to 



202 



PUBLIC OFFICERS 



Tit. 2 



:heir respective houses that such papers are in their possession. 
Where the papers relate to the contest of a State executive officer, 
the House of Representatives shall notify the Senate, and a day 
shall be fixed by both houses, by concurrent resolution, for the unit- 
ing of the two houses to decide upon the same, in which decision 
the yeas and nays shall be taken and entered upon the journal. 



Historical: Laws 1899, 33, Sec. 132; 
re-enacting Laws 1890-91, 57, Sec. 145. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5679. 



Opening and Custody of Papers. 

Sec. 56. The papers relating to any such contest shall be opened 
only in the presence of the body by the presiding officer, to whom 
the same shall be delivered. If ballots or poll books are contained 
therein, they shall, after being opened, remain in the custody of 
such presiding officer, subject to the inspection of the members, un- 
less they shall by vote be temporarily committed to the chairman 
of a committee, in which case such chairman shall return them to 
the proper presiding officer; and they shall, upon the decision of 
the contest, be again sealed up in an envelope, and returned by mail 
or otherwise to the office of the county auditor in which they were 
first required to be filed. 



Historical: Laws 1899, 33, Sec. 13 3; 
re-enacting Laws 1890-91, 57, Sec. 146. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5680. 



Preservation of Evidence. 

Sec. 57. All the evidence in any contest provided for in the last 
preceding section, except ballots or poll books, shall, after a decision 
thereof, be preserved in the offiee of the Secretary of State. 



Historical: Laws 1899, 33, Sec. 134; 
re-enacting- Laws 1890-91, 57, Sec. 147. 



Comparative Legislation: See Neb. 
Cobbey's An. Stat. Vol. 2, Sec. 5681. 



ARTICLE 3. 
ATTENDANCE OF WITNESSES BEFORE LEGISLATURE. 



Section 

5 8. Subpoenas for witnesses. 
5 9. Service of subpoena. 
60. Refusal to obey subpoena a con- 
tempt. 



Section 

61. Compelling attendance. 

62. Self-criminating testimony may 
be exacted. 



Subpoena for Witnesses. 

Sec. 58. A subpoena requiring the attendance of any witness be- 
fore either house of the Legislature, or a committee thereof, may 
be issued by the President of the Senate, Speaker of the House, or 
the chairman of any committee before whom the attendance of the 
witness is desired; and it is sufficient if: 

1. It states whether the proceeding is before the Senate or 
House, or a committee; 

2. It is addressed to the witness; 

3. It requires the attendance of such witnesses at a time and 
place certain; 

4. It is signed by the President of the Senate, Speaker of the 
House, or chairman of a committee. 



Ch. 2. Art. 4. legislature — enactment of laws 



203 



Historical: Rev. St. 1 
California Legislation : 



\1, Sec. 145. Code 1872, Sec. 300; Deering's Code, 

Same: Pol. ib - Kerr's Code, ib. 



Service of Subpoenas. 

Sec. 59. The subpoena may be served by any person who might 
be a witness in the matter, and his affidavit that he delivered a copy 
to the witness is evidence of service. 



Historical: Rev. St. 1887, Sec. 146. 
California Legislation: Same: Pol. 



Code 1872, Sec. 301; Deering's Code, 
ib.; Kerr's Code, ib. 



Refusal to Obey Subpoena a Contempt. 

Sec. 60. If any witness neglects or refuses to obey such subpoena, 
or appearing, refuses to testify, the Senate or House may, by resolu- 
tion entered on the journal, commit him for contempt. 



Historical: Rev. St. 1887, Sec. 147. 

California Legislation: Similar Pol. 
Code 1872, Sec. 302; Deering's Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Neglect of witness 
to obey subpoena is a misdemeanor: 
Sec. 6414. 



Compelling Attendance. 

Sec. 61. Any witness neglecting or refusing to attend in obedience 
to subpoena, may be arrested by the sergeant-at-arms, and brought 
before the Senate or House. The only warrant of authority necessary 
to authorize such arrest is a copy of a resolution of the Senate or 
House, signed by the presiding officer, and countersigned by the clerk. 



Historical: Rev. St. 1887, Sec. 148. 
California Legislation: Similar Pol. 



Code 1872, Sec. 303; Deering's Code, 
ib.; Kerr's Code, ib. 



Self-Criminating Testimony May Be Exacted. 

Sec. 62. No statement made by any such witness on such ex- 
amination before either house, or a committee, is competent evidence 
in any criminal proceeding against such witness; nor can such wit- 
ness refuse to testify to any fact or to produce any pa,per, touching 
which he is examined, for the reason that his testimony or the 
production of such paper may tend to disgrace him, or render him 
infamous. Nothing in this section exempts any witness from prose- 
cution and punishment for perjury committed by him on such ex- 
amination. 



Historical: Rev. St. 18 87, Sec. 149. 
California Legislation: Similar: Pol. 



Code 18 72, Sec. 3 04; Deering's Code, 
ib.; Kerr's Code, ib. 



ARTICLE 4. 
ENACTMENT OF LAWS WD JOURNAL. 



Section 

63. Indorsement of bills. 

64. Approval of bills. 

65. Passage of bills over veto; Au- 
thentication. 

66. Return of bill during adjourn- 
ment. 



Section 

67. Bills not returned. 

68. Proposal of constitutional amend- 
ments. 

69. Enrollment and preservation of 
amendments. 

70. Printing of legislative journals. 



Note: Constitutional provisions governing the enactment of laws: Const. 
Art. 3, Sees. 14-22. 



204 



PUBLIC OFFICERS 



Tit. 2 



Indorsement of Bills. 

Sec. 63. Every bill must, as soon as delivered to the Governor, be 
indorsed as follows: "This bill was received by the Governor this 
day of , nineteen ." 



Historical: Rev. St. 18 8 7, Sec. 150. 

California Legislation: Same with 
the addition of the words, "The in- 
dorsement must be signed by the Pri- 



vate Secretary of the Governor"; Pol. 
Code 1872, Sec. 309; Deering's Code, 
ib.; Kerr's Code, ib. 



Approval of Bills. 

Sec. 64. When the Governor approves a bill he must set his name 
thereto, with the date of his approval. 



Historical: Rev. St. 188 7, Sec. 151. 
California Legislation: Same: Pol. 



Code 1872, Sec. 310, as amended; 
Deering's Code ib. ; Kerr's Code, ib. 



Passage of Bills Over Veto : Authentication. 

Sec. 65. When a bill has passed both houses of the Legislature, 
and is returned by the Governor without his signature and with 
objections thereto, and upon a reconsideration passes both houses 
by a two-thirds vote, it must be authenticated as having become a 
law by a certificate indorsed thereon, or attached thereto, in the 
following form: 

"This bill having been returned by the Governor with his objec- 
tions thereto, and after reconsideration having passed both houses, 

by a two-thirds vote, it has become a law this day of , 

A. D. ," which indorsement, signed by the President of the Senate 

and Speaker of the House, is a sufficient authentication thereof. 
Such bill must then be deposited with the laws, in the office of the 
Secretary of State. 



Historical: Rev. St. 188 7, Sec. 152. 

California Legislation: See Pol. 
Code 1872, Sec. 311; as amended: 
Deering's Code, ib.; Kerr's Code, ib. 



Cross Reference: Veto power of 
Governor: Const. Art. 4, Sec. 10. Dis- 
approval of appropriation bills: Const. 
Art. 4, Sec. 11. 



Return of Bill During Adjournment. 

Sec. 66. If, on the day the Governor desires to return a bill with- 
out his approval and with his objections thereto to the house in 
which it originated, that house has adjourned for the day (but not 
for the session), he may deliver the bill with his message to the 
presiding officer, clerk, or any member of such house, and such de- 
livery is as effectual as though returned in open session, if the Gov- 
ernor, on the first day the house is again in session, by message 
notifies it of such delivery, and of the time when, and the person to 
whom, such delivery was made. 



Historical: Rev. St. 1887, Sec. 153. 
California Legislation: Similar: Pol. 



Code 1872, Sec. 312; Deering's Code, 
ib.; Kerr's Code, ib. 



Bills Not Returned. 

Sec. 67. Every bill which has passed both houses of the Legis- 
lature, and has not been returned by the Governor within five days, 
thereby becoming a law, is authenticated by the Governor causing 
the fact to be certified thereon by the Secretary of State in the 



Ch. 2. Art. 4. legislature — enactment of laws 



205 



following* form: 'This bill having remained with the Governor five 
days (Sundays excepted), and the Legislature being in session, it 

has become a law this day of , A. D. ," which 

certificate must be signed by the Secretary of State and deposited 
with the laws in his office. Where the Legislature, by adjournment, 
prevents the return of a bill, the Governor, if he disapproves 
thereof, shall file the same, with his objections, in the office of the 
Secretary of State within ten days after said adjournment (Sundays 
excepted) or the same shall become a law. 



Historical: Rev. St. 1887, Sec. 15 4. 
"Three" days changed to "five" days 
to comply with Const. Art. 4, Sec. 10. 
The last sentence is added by the 
Commissioner on the authority of the 
same section of the Constitution. 



California Legislation : First part 
same except "ten days" for "five 
days": Pol. Code 1872, Sec. 313; 
Deering's Code, ib.; Kerr's Code, ib. 



Proposal of Constitutional Amendments. 

Sec. 68. Amendments to the Constitution may be proposed by 
joint resolution in either house of the Legislature of this State, and 
if the same shall be voted for byl two-thirds of all the members of 
each of the two houses, voting separately, in the manner provided 
by Section 1, of Article 20, of the Constitution, the amendment or 
amendments proposed shall be submitted to the electors of this State 
for adoption or rejection in the manner provided by the election 
laws of the State. 



Historical: Laws 1899, 162, Sec. 1; 

re-enacting Laws 1890-91, 229, Sec. 1. 

Cross Reference: Advertisement of 



proposed constitutional amendments 
Sec. 356. Form of ballot: Sec. 405. 



Enrollment and Preservation of Amendments. 

Sec. 69. Whenever any amendments to the Constitution shall have 
been proposed to and adopted by the electors of this State, as by this 
and the preceding sections provided, the same shall be enrolled and 
numbered in the order of time in which they may be adopted, and 
preserved by the Secretary of State among the public records of his 
office. 

Historical: Laws 1899, 162, Sec. 2; 
re-enacting Laws 1890-91, 229, Sec. 2. 

Printing of Legislative Journals. 

Sec. 70. Before the assembling of each session of the Legislature, 
the Secretary of State shall provide, in the same manner as for other 
public printing, for the printing of the journals of the two houses 
of the Legislature. They shall be printed in super royal octavo form, 
in neat eight-point type, with at least two thousand four hundred 
ems in a page, without any unnecessary leads, blank or broken lines 
or pages. Three hundred and fifty copies of the said journals shall 
be printed daily during the sessions of the Legislature in the same 
form as herein provided ; said copies to be bound in pamphlet form 
without covers, and the portions of the journal of the Senate shall 
precede the portions of the journal of the House of Representatives 
in the pamphlets. Said pamphlets shall be placed daily, one on the 
desk of each Senator and member of the House of Representatives, 



206 



PUBLIC OFFICERS 



Tit. 2 



and one to each head of a department of the State government; and 
of those remaining, one-third shall be distributed by the members 
of the Senate, under the direction of the secretary of the Senate, and 
two-thirds shall be distributed by the members of the House of Rep- 
resentatives under the direction of the clerk of the House : Provided, 
That as rapidly as possible the usual number of sheets, not exceeding 
two hundred and fifty, for the bound and permanent copies of the 
said journals, shall be printed and retained for binding at such times 
as the indexes therefor are prepared and printed. 



Historical: Laws 1907, 327, Sec. 1. 
Omitting the clause relating to the 
session of 1909, the purposes of which 



will have been accomplished at the 
time of the submission of these Codes 
to the Legislature. 



ARTICLE 5. 
OPERATION OF LAWS. 



Section 

71. Statutes and resolutions: 
effective. 

72. Effect of amendment. 



When 



Section 

73. Repeal of repealing act. 

74. Repeal of penal law. 



Statutes and Resolutions: When Effective. 

Sec. 71. No act shall take effect until sixty days from the end of 
the session at which the same shall have been passed except in case 
of emergency, which emergency shall be declared in the preamble 
or body of the law. 

Every joint resolution, unless a different time is prescribed therein, 
takes effect from its passage. 



Historical: Rev. St. 1887, Sees. 155, 
156. The former section is re- 
written by the Commissioner to con- 
form to Const. Art. 3, Sec. 22. 

California Legislation: Same as to 
joint resolutions. Statutes take effect 



sixty days from passage: Pol. Code 
1872, Sees. 323, 324; Deering's 
Code, ib.; Kerr's Code, ib. 

■Cross Reference: Constitutional pro- 
vision: Const. Art. 3, Sec. 22. 



Effect of Amendment. 

Sec. 72. Where a section or part of a statute is amended, it is 
not to be considered as having been repealed and re-enacted in the 
amended form; but the portions which are not altered are to be con- 
sidered as having been the law from the time when they were enacted, 
and the new provisions are to be considered as having been enacted 
at the time of the amendment. 



Historical: Rev. St. 1887, Sec. 157. 
California Legislation; Same: Pol. 



Code 1872, Sec. 325; Deering's Code, 
ib.; Kerr's Code, ib. 



Repeal of Repealing Act. 

Sec. 73. No act or part of an act, repealed by another act of the 
Legislature, is revived by the repeal of the repealing act without ex- 
press words reviving such repealed act or part of an act. 



Historical: Rev. St. 18 8 7, Sec. 15: 
Ter. Ses. (1875) 858, Sec. 1. 



Code 1872, Sec. 328; Deering's Code, 
ib.; Kerr's Code, ib. 



Repeal of Penal Law. 

Sec. 74. The repeal of any law creating a criminal offense does 



Ch. 2. Art. 6. 



LEGISLATURE — EMPLOYEES 



207 



not constitute a bar to the indictment and punishment of an act 
already committed in violation of the law so repealed, unless the in- 
tention to bar such indictment and punishment is expressly declared 
in the repealing act. 



Historical: Rev. St. 1887, Sec. 159. 
Sec. 8 Ter. Ses. (1875) 858, Sec. 2. 

California Legislation: Same: Pol. 
Code 1872, Sec. 329; as amended: 
Deering's Code, ib.; Kerr's Code, ib. 

Construction: This section is a 
general saving clause to .insure the 
punishment of offenders, and pre- 



serves in force, in order to attain that 
end, statutes providing for the punish- 
ment of offenders, which are amended 
in such a way as to change or increase 
the punishment and which would 
otherwise be subject to objection as 
ex post facto laws. In re Davis (1899) 
6 Ida. 766: 59 Pac. 544. 



ARTICLE 6. 
EMPLOYEES OF THE LEGISLATURE. 



Section 

75. Employees of Senate. 

Employees of the House. 

Compensation of employees. 

Duties of employees. 

Delivery of bills and papers to 
Secretary of State. 
Election of officers and em- 
ployees. 



76. 

77. 



80. 



Section 

81. Assistants to aid in copying bills. 

82. Removal of officers and em- 
ployees. 

83. Additional officers and employees. 

84. Salary begins when. 



Employees of Senate. 

Sec. 75. The officers and employees of the Senate shall consist of 
one secretary, one assistant secretary, one engrossing clerk, one as- 
sistant engrossing clerk, one enrolling clerk, one assistant enrolling 
clerk, one journal clerk, one chaplain, one sergeant-at-arms, one com- 
mittee clerk, two pages, one doorkeeper and one janitor. 



Historical: Laws 189 9, 3, Sec. 1; re- 
enacting Laws 1890-91, 5, Sec. 1. 

California Legislation: See Pol. 



Code 1872, Sec. 245; similar as amend- 
ed: Deering's Code, ib.; see Kerr's 
Code, ib. 



Employees of the House. 

Sec. 76. The officers and employees of the House of Representa- 
tives shall consist of one chief clerk, one assistant clerk, one enrolling 
clerk, one assistant enrolling clerk, one engrossing clerk, one assistant 
engrossing clerk, one chaplain, one sergeant-at-arms, one doorkeeper, 
two pages, one committee clerk and one janitor. 



Historical:. Laws 1899, 3, Sec. 2; 
re-enacting laws 1890-91, 5, Sec. 2. 

California Legislation: See Pol. 



Code 1872, Sec. 246; as amended; 
Deering's Code, ib.; further amended; 
Kerr's Code, ib. 



Compensation of Employees. 

Sec. 77. There shall be paid to the several officers and employees 
named in this article, for all services rendered by them under the 
provisions of this article, the following sums, and no more : 

The secretary of the Senate, seven dollars per day. 

The assistant secretary of the Senate, six dollars per day. 

The chief clerk of the House, seven dollars per day. 

The assistant chief clerk of the House, six dollars per day. 

All other clerks of the two houses shall receive five dollars per day. 



Vol 1- 



208 



PUBLIC OFFICERS 



Tit. 2 



The sergeant-at-arms of the Senate and the Sergeant-at-arms of 
the House, each, six dollars per day. 

The doorkeepers of the Senate and House, each, five dollars per 
day. 

The messengers, each, three dollars per day. 

The pages, each, three dollars per day. 

The janitors, each, four dollars per day. 

The journal clerks, each, five dollars per day. 

The chaplains, each, two dollars per day. 



Historical: Laws 18 99, 3, Sec. 3; 
re-enacting- Laws 1890-91, 4, Sec. 3. 

California Legislation: See Pol. 



Code 1872, Sec. 268; as amended: 
Deering's Code, ib.; further amended: 
Kerr's Code, ib. 



Duties of Employees. 

Sec. 78. It shall be the duty of the secretary of the Senate to at- 
tend each day, call the roll, read the journals and bills, and to copy 
or take charge of and superintend all copying necessary to be done 
for the Senate. 

It shall be the duty of the chief clerk of the House to attend each 
day, to call the roll, read the journal and bills, and to copy or take 
charge of and superintend all copying necessary to be done for the 
House. 

It shall be the duty of the assistant secretary of the Senate and 
the assistant clerk of the House to take charge of all bills, petitions 
and other papers presented to their respective houses, to file and 
enter the same in the books provided for that purpose, and perform 
such other duties as may be directed by the secretary of the Senate 
and chief clerk of the House. 

It shall furthermore be the duty of the secretary of the Senate 
and chief clerk of the House, to keep a correct record of the proceed- 
ings of each day, for the purpose of having such proceedings entered 
in the journal by the journal clerks of their respective houses. 

It shall be the duty of the journal clerk of the Senate to record 
each day's proceedings in the journal, from which they shall be read 
by the secretary each day of meeting, in order that they may be 
authenticated by the signature of the President. 

It shall be the duty of the journal clerk of the House to perform 
all similar duties for the House which are required to be performed 
by the journal clerk of the Senate. 

It shall be the duty of the sergeant-at-arms of the Senate and the 
sergeant-at-arms of the House to give a general supervision, under 
the direction of the presiding officers, of the Senate and House cham- 
bers, with the rooms attached; to attend during the sittings of their 
respective bodies, execute their commands, together with all such 
proceedings issued by authority thereof, as shall be directed to them 
by their presiding officers. They shall receive no other compensation 
for their services beyond their per diem, except actual expenses in- 
curred in arrests made by them, and for traveling expenses for them- 
selves or special messenger, which expenses so incurred shall be naid 
from the contingent fund of their respective houses : Provided, That 
no messenger shall be employed by any officer of either house unless 
expressly authorized so to do by the house of which he is an officer. 



Ch. 2. Art. 6. 



LEGISLATURE — EM PLOYEES 



209 



They shall have power to appoint a deputy each on a vote of their 
respective houses. It shall be the duty of the deputy sergeant-at- 
arms of each house to assist the sergeant-at-arms in the performance 
of his duties. 

It shall be the duty of the doorkeeper of each house to prohibit 
all persons, except members of the Legislature and State officers, 
employees and reporters and persons who may, on invitation, be en- 
titled to seats, from entering within the bar of the house of which 
he is doorkeeper, unless upon invitation, and to arrest for contempt 
all persons outside of the bar or in the gallery found engaged in loud 
conversation, or otherwise making a noise, to the disturbance of their 
respective houses. 

It shall be the duty of the janitors to keep the furniture of their 
respective houses in good order, to clean and light lamps and perform 
such other duties as they may be directed to do, by the President of 
the Senate or the Speaker of the House. 

It shall be the duty of the chaplains to open the proceedings in 
their respective houses with prayer. 



Historical: Laws 1899, 3, Sec. 4; 
re-enacting Laws 1890-91, 4, Sec. 4. 

California Legislation: Similar: Pol. 



Code 1872, Sees. 253-260, inclusive; 
Deering's Code, ib.; as amended: 
Kerr's Code, ib. 



Delivery of Bills and Papers to Secretary of State. 

Sec. 79. It shall be the duty of the secretary of the Senate and 
chief clerk of the House, at the close of each session of the Legislature, 
to mark, label and arrange all bills and papers belonging to the 
archives of their respective houses, and to deliver the same, together 
with all the books of both houses, to the Secretary of State, who shall 
certify to the reception of the same ; and upon the production of said 
certificate to the State Auditor, the Auditor is authorized and directed 
to draw his warrant upon the Treasurer in favor of the above named 
parties for the sum of twenty-five dollars each, and the Treasurer is 
authorized to pay the same out of any money in the general fund not 
otherwise appropriated. 



Historical: Laws 18 99, 3, Sec. 5; 
re-enacting Laws 1890-91, 4, Sec. 5. 

California legislation: Similar 
though "same," line 6: Pol. Code 
1872, Sec. 261: Deering's Code, ib.; 
Kerr's Code, ib. 

Review of Clerk's Acts: It is the 
duty of the clerk to make up such 
records as he deems proper to be de- 



livered to the Secretary and to deliver 
the same. If he has done this, it will 
be presumed that he has done it cor- 
rectly, and the Supreme Court will not 
entertain, by mandamus proceedings, 
the question whether the papers so 
delivered to the Secretary are correct 
or not. Burkhart v. Reed (1889) 2 
Ida. 503; 22 Pac. 1. 



Election of Officers and Employees. 

Sec. 80. All officers and employees of the Senate and House pro- 
vided for in this article shall be elected by the Senate and House, re- 
spectively. 



Historical: Laws 1899, 3, Sec. 6; 
re-enacting Laws 1890-91, 4, Sec. 6. 

California Legislation: Similar: Pol. 



Code 18 72, Sec. 2 47; additional pro- 
vision as amended: Deering's Code, 
ib.; Kerr's Code, ib. 



Assistants to Aid in Copying Bills. 

Sec. 81. The President of the Senate and the Speaker of the House 



210 



PUBLIC OFFICERS 



Tit. 2 



may direct the assistant enrolling clerk and the assistant engrossing 
clerk to aid in copying bills, messages or other lengthy documents, 
when they are not otherwise employed. 

Historical: Laws 1899, 3, Sec. 7; 
re-enacting Laws 1890-91, 4, Sec. 7. 

Removal of Officers and Employees. 

Sec. 82. Any of the officers and employees mentioned in this article 
may be removed by a two-thirds vote of the members of the house 
in which they are connected for failure to perform the duties imposed 
upon them by this article, or for incompetency, or for conduct which 
shall by each house be deemed improper. 

Historical: Laws 1899, 3, Sec. 8; 
re-enacting Laws 1890-91, 4, Sec. 8. 

Additional Officers and Employees. 

Sec. 83. No additional number of officers or employees of the 
Senate or House shall be elected or appointed unless on a two-thirds 
vote. 

Historical: Laws 1899, 3, Sec. 9; 
re-enacting Laws 1890-91, 4, Sec. 9. 

Salary Begins When. 

Sec. 84. The per diem of all officers fixed by this article shall date 
from the day on which they shall have been elected and qualified. 

Historical: Laws 1899, 3, Sec. 10; 
re-enacting Laws 1890-91, 4, Sec. 10. 

CHAPTER 3. 
EXECUTIVE OFFICERS AND CAPITOL TRUSTEES. 



Section 

85. State executive officers enumer- 
ated. 

86. Board of Trustees of Capitol 
building. 



Section 

87. Same: Duties of Board. 

88: Same: Appointment of janitor. 

89. Same: Nightwatchman. 



State Executive Officers Enumerated. 

Sec. 85. The executive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, State Auditor, State Treas- 
urer, Attorney General and Superintendent of Public Instruction. 



Historical: New section by Com- 
missioner compiled from Const. Art. 
4, Sec. 1. See also Rev. St. 1887, Sec. 
170. 



California Legislation: See Pol. 
Code 1872, Sec. 343; as amended: 
Deering's Code, ib.; Kerr's Code, ib. 



Board of Trustees of Capitol Buiding. 

Sec. 86. The Governor, Secretary of State and State Treasurer 
shall constitute a Board of Trustees for the custody and maintenance 
of the Capitol building and grounds. 

Historical: Rev. St. 1887, Sec. 172, 
amended Laws 1899, 6, Sec. 1; re- 
enacting Laws 1890-91, 10, Sec. 1. 

i 

Same: Duties of Board. 

Sec. 87. Said Board of Trustees have control of the Capitol build- 



Ch. 4. 



GOVERNOR 



211 



ing and grounds with authority to receive, collect and receipt for all 
rents for the use of such parts of the building as may be rented by 
the State, and fix the amount of such rents, and execute all necessary 
leases and agreements. All rents so received must be paid into the 
Capitol building fund as provided by Section 38 of the Special and 
Local Laws. All bills for fuel, lights and water furnished for, and 
for necessary repairs to, the Capitol building must, when approved 
and certified by the Trustees, be audited by the Board of Examiners, 
and warrants issued therefor, which must be paid by the Treasurer 
out of moneys appropriated therefor ; but the Trustees must not make 
or erect permanent improvements without special authority of the 
Legislature. They must keep the Capitol building insured for not 
less than fifty thousand dollars, in good responsible companies, that 
have complied with all of the laws of the State relating to fire insur- 
ance companies, and the premiums for such insurance must be audited 
and paid as aforesaid. 



Historical: Rev. St. 1887, Sec. 173, 
amended act 15th Ter. Ses. (Laws 
1888-89), 14, Sec. 1. Omitting- the 
clause in relation to expenses, "not ex- 
ceeding in amount the sum of twelve 
hundred dollars for any one calendar 
year," and changing "not otherwise 
appropriated" to "appropriated there- 
for" to conform to Const. Art. 7, Sec. 



13, which requires specific appropria- 
tions. The words "Board of Examin- 
ers" are substituted for "Auditor" to 
conform to Const. Art. 4, Sec. 18. Also 
omitting clause relative to insurance 
of State Library, which is superseded 
by Laws 1899, 134, Sec. 6 (Code, Sec. 
838). 



Same: Appointment of Janitor. 

Sec. 88. The Trustees shall have power to appoint a competent 
person for janitor, at a salary not exceeding seventy-five dollars per 
month; the janitor to have direct supervision over the whole building; 
take care of all the offices, halls and rooms, except legislative halls 
and Supreme Court chambers during sessions; and shall attend to 
the warming of the building. 



Historical: Rev. St. 1887, Sec. 175. 
Omitting last line, "after adjournment 



of the Legislature, commencing third 
quarter of 1888." 



Same: Night Watchman. 

Sec. 89. The Trustees are empowered to employ a competent per- 
son as night watchman, at a salary not exceeding sixty dollars per 
month; the night watchman shall take charge of the building at 8 
o'clock P. M. and remain in or around the building until 6 o'clock 
a. m. It shall be his duty to watch and guard the premises during 
flhe night; to visit every office or -room occupied during the day, at 
frequent intervals, and, when necessary, to attend to the steam heater 
during the night. 

Historical: Rev. St. 1887, Sec. 176. 
Act Feb. 9, 1887. 

CHAPTER 4. 
GOVERNOR. 



Section 

90. Duties of Governor. 

91. Transmission of list of appoint- 
ments. 



Section 

92. Records of Governor's office. 

93. Acting Governor to perform the 
same duties. 



212 



PUBLIC OFFICERS 



Tit. 2 



Duties of Governor. 

Sec. 90. In addition to those prescribed by the Constitution, the 
Governor has the powers, and may perform the duties, prescribed in 
this and the following sections : 

1. To supervise the official conduct of all executive and minis- 
terial officers. 

2. To see that all offices are filled, and the duties thereof per- 
formed, or, in default thereof, apply such remedy as the law allows; 
and if the remedy is imperfect, acquaint the Legislature therewith at 
its next session. 

3. To make the appointments and supply the vacancies provided 
by law. 

4. He is the sole official organ of communication between the 
government of this State and the government of any other State or 
Territory, or of the United States. 

5. Whenever any suit or legal proceeding is pending in this State, 
or which may affect the title of this State to any property, or which 
may result in any claim against the State, he may direct the Attorney 
General to appear on behalf of the State. 

6. He may require the Attorney General or prosecuting attorney 
of any county to inquire into the affairs or management of any cor- 
poration existing under the laws of this State. 

7. He may require the Attorney General to aid any prosecuting 
attorney in the discharge of his duties. 

8. He may offer rewards not exceeding one thousand dollars each, 
payable out of the State Treasury, for the apprehension of any convict 
who has escaped from the State Prison, or of any person who has 
committed, or is charged with the commission of, an offense punish- 
able with death ; and also offer like rewards, not exceeding five hun- 
dred dollars, each, in cases of felony, where the offense is not punish- 
able with death. 

9. To perform such duties respecting fugitives from justice as 
are prescribed by the Penal Code. 

10. To issue and transmit election proclamations as prescribed 
by law. 

11. He may require any officer to make special reports to him in 
writing on demand. 

12. He has such other powers and may perform such other duties 
as are devolved upon him by any law of this State. 



Historical: Rev. St. 1887, Sec. 180, 
amended Laws 1899, 135, Sec. 1; re- 
enacting Laws 1890-91, 198, Sec. 1. 

California Legislation: Similar with 
additional provisions: Pol. Code 18 72, 
Sec. 380; Deering's Code, ib.; Kerr's 
Code, ib. 

Cross Reference:. Constitutional 
provisions: Term of office, and resi- 
dence at the seat of government: Art. 
4, Sec. 1. Election: Art. 4, Sec. 2. 
Qualifications: Art. 4, Sec. 3. Is com- 
mander in chief of militia: Art. 4, 
Sec. 4. Supreme executive power 
vested in: Art. 4, Sec. 5. To nominate 



and appoint certain officers and to fill 
vacancies: Art. 4, Sec. 6. Is a mem- 
ber of Board of Pardons: Art. 4, Sec. 
7. May grant respites or reprieves: 
Art. 4, Sec. 7. May require informa- 
tion from officers and from managers 
of institutions, and transmit messages 
to Legislature: Art. 4, Sec. 8. May 
convene Legislature in special session: 
Art. 4, Sec. 9. To approve or veto 
bills passed by Legislature: Art. 4, Sec. 
10. Same: Appropriation bills: Art. 
4, Sec. 11. Is member of Board of 
State Prison Commissioners: Art. 4, 
Sec. 18. Also of Board of Examiners: 
ib. Also of State Board of Equaliza- 



Ch. 4. 



GOVERNOR 



213 



tion: Art. 7, Sec. 12. Also of Board 
of Land Commissioners: Art. 9, Sec. 7. 
To appoint Commissioner of Immigra- 
tion, Labor and Statistics: Art. 13, Sec. 
1. To commission militia officers: Art. 
14, Sec. 3. 

Salary: Sec. 2 74. 

Member of Boards: Of State Board 
of Canvassers: Sec. 4 50; of State 
Board of Equalization: Sec. 1702; of 
State Land Board: Sec. 1558; of State 
Military Board: Sec. 709; of State 
Highway Commission: Sec. 1061; of 
Board of Trustees of Industrial Train- 
ing School: Sec. 806; of Board of Capi- 
tol Building Trustees: Sec. 86. Chair- 
man of Board of Examiners: Sec. 144. 
Chairman of Board of Prison Com- 
missioners: Sec. 8461. President of 
Board of Pardons: Sec. 8249. Chair- 
man of Trustees of the Soldiers' 
Home: Sec. 794. 

Appointment of officers: State En- 
gineer: Sec. 149; Insurance Commis- 
sioner: Sec. 161; Commissioners of 
Deeds: Sec. 243; Notaries: Sec. 231; 
Fish and Game Warden: Sec. 195; 
Bank Commissioner: Sec. 189; State 
Veterinary Surgeon: Sec. 1158; Same: 
May remove appointee for cause: Sec. 
1159; member of Board of Dairy, Pood 
and Oil Commissioners: Sec. 1114; 
military staff officers: Sec. 685; Labor 
Commission: Sec. 1427; Commissioner 
of Immigration, Labor and Statistics: 
Sec. 1418; Directors of Insane Asylum: 
Sec. 752; Directors of North Idaho In- 
sane Asylum, Sec. 786; Trustees of 
Industrial Training School; Sec. 8 06; 
State Board of Health: Sec. 1080; 
Trustees of Historical Society: Sec. 
848; Livestock Sanitary Board: Sec. 
1153; Trustees of Albion Normal 
School: Sec. 517; Trustees of Academy 
of Idaho; Sec. 546; Regents of Uni- 
versity: Sec. 4 86; Trustees of Lewiston 
Normal School: Sec. 5 01; Lumber In- 
spectors: Sec. 1495; State Grain Com- 
mission: Sec. 1478; Board of Examin- 
ing Surveyors: Sec. 1401; Board of 
Horticultural Inspection: Sec. 1310; 
Board of Medical Examiners: Sec. 
1341; State Board of Dental Examin- 
ers: Sec. 1357; Osteopathic Board: 
Sec. 1366; Examiners in Optometry: 
Sec. 1374; Board of Pharmacy: Sec. 
1385. 

Is commander in chief of the mili- 
tia: Sec. 684. To Commission Quarter- 
master of militia: Sec. 710. To com- 
mission regimental staff officers: Sec. 
690. Same: Other officers: Sec. 695. 
To have printed and distributed copies 
of the National Guard law: Sec. 748. 
May loan stands of arms and equip- 
ments to Grand Army posts: Sec. 750. 
To approve discharge of militia offi- 
cers: Sec. 705. May call out militia 
to suppress invasion or insurrection: 
Sec. 739. Reinstatement of members 
of militia after dishonorable dis- 
charge: Sec. 719. 



Duties in relation to deposit of State 
funds: Sees. 127, 129, 131, 136. May 
examine State Treasury: Sec. 138. 

Suspension and removal of State 
Treasurer for default reported by 
State Examiner: Sec. 187. 

Indorsement of bills: Sec. 63. Ap- 
proval of bills: Sec. 6 4. Veto of bills: 
Sees. 65, 66. Authentication of bills: 
Sec. 67. Filing bills disapproved after 
adjournment of Legislature: Sec. 67. 
Transmission to Legislature of reports 
of Commissioner: Sec. 169. 

To issue election proclamations: 
Sec. 353. To sign certificates of Presi- 
dential Electors: Sec. 45 9. To decide 
ties in elections to fill vacancies in 
Presidential Electors and to notify 
persons elected to fill such vacancies: 
Sees. 463, 464. 

To commission officers: Sec. 265. 

To approve bonds of State officers 
Sec. 283. 

To take possession of State offices in 
case of vacancies: Sec. 330. 

To fill vacancies in State offices: Sec. 
320. Same: In board of county com- 
missioners: Sec. 321. To call election 
to fill vacancy in Legislature: Sec. 32 5. 
Same: In office of Representative in 
Congress: Sec. 32 6. To fill vacancies 
caused by the temporary absence of 
State officers: Sec. 332. 

May require advice and impose 
duties on State Engineer: Sec. 160. 

May inspect Soldiers' Home: Sec. 
797. 

To pass on estimate of supplies for 
State institutions: Sec. 865. 

To take action on the report of the 
State Examiner: Sec. 177. 

To proclaim quarantine of infected 
livestock: Sec. 1160. May issue proc- 
lamation prohibiting importation of 
livestock: Sec. 1184. To procure co- 
operation of Bureau of Animal In- 
dustry in eradicating contagious dis- 
eases of livestock: Sec. 1206. 

Appeal to Governor and Attorney 
General from action of State Board 
of Pharmacy in granting or revoking 
a druggist's license: Sec. 1393. 

To inquire into the fitness of institu- 
tions receiving delinquent children. 
Sec. 8334. 

May require opinion of Justices of 
Supreme Court or Attorney General 
on statement of Judge in capital 
cases: Sec. 8011. May restore to citi- 
zenship any person who has served a 
term of imprisonment in the Peni- 
tentiary: Sec. 8257. Offer reward for 
apprehension of fugitive from justice: 
Sec. 8415. To issue warrant for dis- 
charge of convict on expiration of 
term: Sec. 8507. May order removal 
of prisoner from one county jail to 
another: Sec. 8546. Issuance of war- 
rant for execution :of judgment in 
capital case when sentence has been 
suspended pending inquiry into sanity: 
Sec. 8016: same, in case of pregnancy: 
Sec. 8018. 



214 



PUBLIC OFFICERS 



Tit. 2 



Transmission of List of Appointments. 

Sec. 91. Within ten days after the meeting of the Legislature the 
Governor must transmit to it a list of all the appointments made by 
him and not before communicated. 



Historical Rev. St. 1887, Sec. 181. 
California Legislation: See Pol. 



Code 1872, Sec. 381; Deering's Code, 
ib.; Kerr's Code, ib. 



Records of Governor's Office. 

Sec. 92. The Governor must cause to be kept the following 
records : 

1. A register of all applications for pardon or for commutation 
of any sentence, With a list of the official signatures and recommenda- 
tions in favor of each application. 

2. A register of statements in capital cases made to him, with 
his action thereon. 

3. An account of all his disbursements of State moneys, and of 
all rewards offered by him for the apprehension of criminals and 
persons charged with crime. 

4. A register of all appointments made by him, with date of corn- 
commission, names of appointee and predecessor. 

5. A record of all persons confined in the State Prison, showing 
the name of the convict, his age and general appearance, when and 
Where convicted, and of what crime, the time of his sentence, and 
when such time expires. 



Historical: Rev. St. 18 87, Sec. 182. 

California Legislation: Similar: Pol. 
Code 1872, Sec. 382; Deering's Code, 
ib.; Kerr's Code, ib. 

Cross Reference: Applications for 



pardon and proceedings thereon: Sec. 
8248 et seq. Statements in capital 
cases: Sec. 8010. Offering rewards for 
fugitives: Sec. 8415. 



Acting Governor to Perform the Same Duties. 

Sec. 93. Every provision in the laws of this State in relation to the 
powers and duties of the Governor and in relation to acts and duties 
to be performed by others towards him, extends to the person per- 
forming for the time being the duties of Governor. 



Historical: Rev. St. 1! 
California Legislation: 



87, Sec. 183. Code 1872, Sec. 383; Deering's Code, 

Same: Pol. ib.; Kerr's Code, ib. 

CHAPTER 5. 
SECRETARY OF STATE. 



Section 

94. Custody of records. 

95. Duties. 

96. Distribution of statutes, etc. 

97. Same: Marking books. 

98. Same: Expenses, how paid. 



Section 
99. Fees. 

100. Same: Filing articles of eleemo- 
synary corporations. 

101. Official bonds. 



Custody of Records. 

Sec. 94. The Secretary of State is charged with the custody : 

1. Of all acts and resolutions passed by the Legislature. 

2. Of the journals of the Legislature. 

3. Of the Great Seal. 



Ch. 5. 



SECRETARY OF STATE 



215 



4. Of all books, records, deeds, parchments, maps, and papers, 
kept or deposited in his office pursuant to law. 



Historical: Rev. St. 1887, Sec. 190. 

California Legislation: See Pol. Code 
1872, Sec. 407; Deering's Code, ib.; 
Kerr's Code, ib. 

Custody of Journal: This section 
places no obligation upon the Secre- 



tary with respect to the legislative 
journal except to receive the same 
from the clerk and record it. Burk- 
hart v. Reed (1889) 2 Ida. 503; 22 
Pac. 1. 



95. It is the duty of the Secretary of State : 

To keep a register of and attest the official acts of the Gov- 



Duties. 

Sec 
1. 

ernor. 

2. To affix the great seal, with his attestation, to commissions, 
pardons, and other public instruments to which the official signature 
of the Governor is required. 

3. To record in proper books all conveyances made to the State, 
and all articles of incorporation filed in his office. 

4. To receive and record in proper books the official bonds of all 
the officers whose bonds are required to be filed with him. 

5. To take and file in his office receipts for all books distributed 
by him. 

6. To furnish on demand to any person paying the fees therefor 
a certified copy of all, or any part, of any law, record, or other in- 
strument filed, deposited, or recorded in his office. 

7. To present to the Legislature, at the commencement of each 
session thereof, a full account of all purchases made and expenses 
incurred by him on account of the State. 



Historical: Rev. St. 1887, Sec. 191. 
Omitting Subd. 6, relative to certifica- 
tion of elective officers commissioned 
by the Governor, which is now obso- 
lete, as the Secretary issues certificates 
of election. 

California Legislation: See. Pol. 
Code 1872, Sec. 408; as amended: 
Deering's Code, ib.; Kerr's Code, ib. 

Coss Reference: Term of office 
and residence at seat of government: 
Const. Art. 4, Sec. 1. Election: Art. 
4, Sec. 2. Qualifications: Art. 4, Sec. 
3. To keep seal of State: Art. 4, Sec. 
15. To countersign grants and permis- 
sions: Art. 4, Sec. 15. Is member of 
Board of State Prison Commissioners: 
Art. 4, Sec. 18. Also of Board of Ex- 
aminers: Art. 4, Sec. 18. Also of Board 
of Kqualization: Art. 7, Sec. 12. Also 
of Board of Education: Art. 9, Sec. 2. 
of Board of Land Commissioners: 
Art. 9, Sec. 7. 

Salary: Sec. 274. 

Members of Boards: Of State Board 
of Canvassers: Sec. 450; of Board of 
Prison Commissioners: Sec. 8461. Sec- 
retary of Board of Pardons: Sec. 82 49. 
Of Board of Capitol Building Trustees : 
Sec. 86; of State Land Board: Sec. 
of State Board of Equalization: 
Sec. 1702; of State Board of Public 
Instruction: See. 558; of State Library 



Commission: Sec. 672; of State Board 
of Dairy Food and Oil Commission- 
ers: Sec. 1114. Secretary of Board of 
Examiners: Sec. 14 4. Secretary of 
Trustees of Soldiers' Home: Sec. 794. 

To publish and distribute copies of 
election law: Sec. 345. To certify par- 
ty emblems to county auditors prior 
to elections: Sec. 405. To certify pro- 
posed constitutional amendments to 
county auditors: Sec. 356. To file and 
preserve certificates of nominations 
for State and district offices: Sees. 384, 
387, 391. To certify to county audit- 
ors names of candidates to be voted 
for at elections: Sees. 389, 391. To 
send special messengers for abstracts 
of votes not received within twenty 
days after an election: Sec. 451. To 
record determinations of State Board 
of Canvassers and to issue certificates 
of election: Sec. 455. To prepare lists 
of and issue certificates to Presidential 
Electors: Sec. 459. 

To transmit to the Legislature lists 
of members elected thereto: Sec. 456: 
To preserve and deliver to the presid- 
ing officers of the Legislature testi- 
mony taken in legislative and State 
executive election contests: Sees. 51, 
5 4. Preservation of evidence taken in 
election contests before the Legisla- 
ture: Sec. 57. Authentication of bills 
not approved by Governor: Sec. 67. 



216 



PUBLIC OFFICERS 



Tit. 2 



Filing bills disapproved and returned 
after adjournment of Legislature: Sec. 
67. Preservation of amendments to 
the Constitution after their adoption. 
Sec. 69. Certificate to reception of 
bills from Legislature: Sec. 79. 

To provide office for State Engineer: 
Sec. 150. To file oath of Engineer and 
bond: Sees. 151, 152. 

To provide office for Insurance Com- 
missioner: Sec. 162. To file oath and 
bond of Commissioner: Sees. 163, 164. 

To provide office for Register of 
Land Board: Sec. 1562. 

To provide room for Bureau of Im- 
migration, Labor and Statistics: Sec. 
1418. 

To furnish transfer tax book to pro- 
bate judge: Sec. 1892. 

To distribute reports of officers: Sec. 
280. 

To file impressions of seals of State 
executive officers: Sec. 336. 

To attest commissions of officers: 
Sec. 265. 

To file and record bonds of State 
officers: Sec. 283. 

To file oaths of State officers: Sec. 
272. 

To file oaths of Trustees of Lewis- 
ton and Albion Normal Schools: Sees. 
501, 517. 

Filing oath of Commissioner of 
Deeds: Sec. 246. Transmission of 
commission to appointee: Sec. 248. 
Fee for issuing commission: Sec. 249. 

To file bond of State Examiner: Sec. 
170. 

To file appointments to fill vacan- 
cies: Sec. 328. 

To file bond and warrant of Water- 
Commissioner: Sec. 3272. 

To take possession of office of Au- 
ditor, of Superintendent of Public In- 
struction or of State Treasurer in case 



of vacancy and absence of Governor: 
Sec. 330. 

To pass on estimate of supplies for 
State Institutions: Sec. 865. 

Duties in relation to deposit of State 
funds: Sees. 127, 129, 131, 136. 

Filing affidavit of paid-up capital by 
guaranty, title and trust companies: 
Sec. 2963. 

Filing resolution of shareholders of 
guaranty, title and trust company 
adopting the law governing such com- 
panies: Sec. 2962. Filing articles or 
surety companies: Sec. 2939. 

Filing articles of mutual livestock 
insurance companies: Sec. 2925. 

Issuance of certificate to mutual co- 
operative insurance companies: Sec. 
2906. 

To file certified copy of order estab- 
lishing drainage districts: Sec. 2448. 

Fee for incorporation of water 
users' association: Sec. 2 842. 

Record of articles of incorporation: 
Sec. 2721. Issuance of certificate of 
incorporation: Sec. 2719. 

Issuance of Notarial commission: 
Sec. 233. Issuance of duplicate certifi- 
cate to Notary the county of whose 
residence has been changed: Sec. 2 35. 

To file description of seal of Bank 
Commissioner: Sec. 193. 

To record labels, trade marks, etc.: 
Sec. 1451. Fee for recording trade 
marks and labels and for issuing cer- 
tificates thereof: Sec. 1451. 

Record of contract for the condi- 
tional sale of railway equipment: Sec. 
2828. Fee for recording contract for 
the conditional sale of railway equip- 
ment: Sec. 2828. 

To notify prosecuting attorney of 
failure of officers to make reports and 
to accept deposit of fines collected for 
the benefit of the general school fund: 
Sec. 281. 



Distribution of Statutes, Etc. 

Sec. 96. Immediately after the laws, resolutions, and journals are 
bound, the Secretary of State must distribute the same as follows : 

1. To each department of the government at Washington and 
of the government of this State, one copy. 

2. To the library of Congress and the State Library, two copies 
each. 

3. To each of the States and Territories, one copy. 

4. To our Senators and Representatives in Congress, and to each 
of the Judges of the Supreme Court of this State, one copy. 

5. To each member of the Legislature, at the session when such 
laws and journals were adopted, one copy. 

6. Of the laws alone, to the auditor of each county, in the cheap- 
est and most expeditious manner, to be by the sheriff distributed 
under the directions of the auditor, one copy for the board of com- 
missioners, one copy to each county officer and each justice of the 
peace. 



Ch. 5. 



SECRETARY OF STATE 



217 



Historical: Rev. St. 188 7, Sec. 192. 
California Legislation: See Pol. Code 



1872, Sec. 409; Deering's Code, 
as amended: Kerr's Code, ib. 



ib. 



Same: Marking Books. 

Sec. 97. The Secretary must indelibly mark each book distributed 
to officers in this State (except legislative officers) with the name of 
the county to which, and the official designation of the officer to whom, 
it is sent. Such books remain the property of the State, and must be, 
by the officers receiving them, delivered to their successors. 



Historical: Rev. St. 1887, Sec. 194. 
Omitting- the words "and the Re- 
porter" in the parenthesis, which is 
obsolete under the repeal of Rev. St. 
Sec. 193, by Laws 1903, 367, Sec. 5. 
(Codes, Sec. 226.) 



California Legislation : Same: Pol. 
Code 1872, Sec. 411; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Expenses, How Paid. 

Sec. 98. The expenses incurred by him, in carrying into effect the 
provisions of the two preceding sections, must be audited by the Board 
of Examiners and paid out of any moneys specially appropriated for 
that purpose. 



California Legislation: See Pol. Code 
1872, Sec. 414; Deering's Code, ib.; 
Kerr's Code, ib. 



Historical: Rev. St. 1887, Sec. 195. 
Changing "three" sections to "two" 
for the reasons stated in the historical 
note to the preceding section. "Comp- 
troller" changed to "Board of Examin- 
ers" to conform to Const. Art. 4, Sec. 
18. 

Fees. 

Sec. 99. The Secretary of State, for services performed in his 
office, shall charge and collect the following fees: 

For a copy of any law, resolution, record or other document or 
paper on file in his office, 20 cents per folio. 

For affixing certificate and seal of the State, $1.00. 

For filing articles of incorporation : 

(a) When the authorized capital stock does not exceed 
$25,000.00 $ 10.00 

(b) When the authorized capital stock exceeds $25,000.00 

and does not exceed $50,000.00 20.00 

(c) When the authorized capital stock exceeds $50,000.00 

and does not exceed $100,000.00 40.00 

(d) When the authorized capital stock exceeds $100,- 
000.00 and does not exceed $500,000.00 60.00 

(e) When the authorized capital stock exceeds $500,- 
000.00 and does not exceed $1,000,000.00 | 100.00 

(f) When the authorized capital stock exceeds $1,000,- 
000.00 150.00 

For filing certificates of increase of capital stock there shall be 
charged the fee hereinbefore prescribed for the total capitalization 
of the corporation, less the amount already paid for filing the original 
articles of incorporation. 

For filing certificates of all other changes in articles of incorpora- 
tion prescribed by law, $5.00. 



218 



PUBLIC OFFICERS 



Tit. 2 



For issuing each certificate of incorporation, or qualification, or 
increase or decrease in capital stock, $3.00. 

For receiving and recording each official bond, 20 cents per folio. 

For each commission, or other document signed by the Governor 
and attested by the Secretary (pardons excepted), $5.00. 

For searching records and archives of the State, $1.00. 

But no member of the Legislature or State officer can be charged 
for any search relative to matters appertaining to the duties of their 
offices ; nor must they be charged any fee for a certified copy of any 
law or resolution passed by the Legislature relative to their official 
duties. 

For recording and indexing all papers and documents required 
by law to be recorded, 20 cents per folio. 

For filing and indexing any map or other paper where the fee 
for the same is not already fixed by law, $2.00. 

For filing, recording and indexing designation of agent for foreign 
corporations, $2.00. 

For searching Legislative Journals for records of enacted and 
re-enacted laws, and certifying to the same, $5.00. 

For certifying and attaching certificate to any State law, pub- 
lished in pamphlet form, which shall include comparing the same with 
the enrolled act, $3.00. 

For any other certificate required of the Secretary of State, the 
fee for which is not hereinbefore prescribed, $3.00. 

For filing, recording and indexing any label or trademark, $3.00. 

For all services not hereinbefore provided for, such fees therefor 
as may now be prescribed by law. 

All fees must be paid in advance. 



Historical: Laws 1901, 141, Sec. 
196; amended Laws 1907, 215, Sec. 1. 
California Legislation: See Pol. Code 



1872, Sec. 416; as amended: Deering's 
Code, ib.; further amended: Kerr's 
Code, ib. 



Same: Filing Articles of Eleemosynary Corporations. 

Sec. 100. The Secretary of State shall charge and collect from 
each fraternal, religious, or eleemosynary society or organization, or 
any other society or organization not having capital stock and not 
organized for the purpose of profit, a fee of five dollars for filing arti- 
cles of incorporation and issuing certificate of incorporation to such 
society or organization, and twenty cents per folio for recording, and 
he shall make no other charge, and collect no other fee, for filing, and 
for his certificate issued to such corporation. 

Historical: Laws 1907, 451, Sec. 1. 

Official Bond. 

Sec. 101. The Secretary of State must execute an official bond to 
the State, in the sum of two thousand dollars, and must receive no fees 
under the laws of the State until such bond, approved by the Governor, 
is filed with the Auditor. 



Historical: Rev. St. 1887. Sec. 19 7. 
California Legislation: See Pol. 



Code, Sec. 423; Deering's Code, ib.; 
Kerr's Code, ib. 



Ch. 6. 



STATE AUDITOR 



219 



CHAPTER 6. 
STATE AUDITOR. 



Section 

102. Duties of Auditor. 

103. Same: Certificate of settlement. 

104. Same: Account of school fund. 

105. Warrants: How drawn. 

106. Lost Warrants: Issuance of du- 
plicates. 

107. Proceedings against defaulters. 

108. Printing of blanks. 

109. Claims against the State. 

110. Vouchers and accounts pre- 
served. 



Section. 

111. Appropriation necessary to au- 
thorize warrant. 

112. Auditor to report delinquent 
collectors. 

113. Inspection of books by Legisla- 
ture. 

114. Seal of office. 

115. Official bond. 

116. Appointment of deputy. 



Duties of Auditor. 

Sec. 102. It is the duty of the Auditor: 

1. To superintend the fiscal concerns of the State. 

2. To report to the Governor on or before the first day of De- 
cember preceding each regular session of the Legislature, a state- 
ment of the funds of the State, its revenues, and of the public ex- 
penditures during the two preceding fiscal years, together with a 
detailed estimate of the expenditures to be defrayed from the Treasury 
for the two ensuing fiscal years, specifying therein each object of 
expenditure, and distinguishing between such as are provided for 
by permanent or temporary appropriations and such as must be pro- 
vided for by a new statute, and suggesting the means from which 
such expenditures are to be defrayed. 

3. To accompany his biennial report with tabular statements, 
showing: 1. The amount of each appropriation for the two preceding 
fiscal years, the amounts expended, and the balance, if any. 2. The 
amount of revenue chargeable to each county for such years, the 
amount paid, and the amount unpaid or due therefrom. 

4. When requested, to give information in writing to either house 
of the Legislature relating to the fiscal affairs of the State or the 
duties of his office. 

5. To suggest plans for the improvement and management of the 
public revenues. 

6. To keep and state all accounts in which the State is interested. 

7. To keep an account of all warrants drawn upon the Treasurer, 
and a separate account under the head of each specified appropriation, 
showing at all times the unexpended balance of such appropriation. 

8. To keep an account between the State and the Treasurer, and 
therein charge the Treasurer with the balance in the Treasury when 
he came into office, and with all moneys received by him, and credit 
him with all warrants drawn on and paid by him. 

9. To keep a register of warrants, showing the fund upon which 
they are drawn, the number, in whose favor, for what service, the 
appropriation applicable to the payment thereof, when the liability 
accrued, and a receipt from the person to whom the warrant is de- 
livered. 

10. To examine and settle the accounts of all persons indebted 
to the State, and to certify the amount to the Treasurer, and upon 



220 



PUBLIC OFFICERS 



Tit. 2 



the presentation and filing of the Treasurer's receipt therefor to 
give such person a discharge and charge the Treasurer therewith. 

11. In his discretion to require any person presenting an account 
for settlement to be sworn before him, and to answer, orally or in 
writing, as to any facts relating to it. 

12. To require all persons who have received any moneys be- 
longing to the State and have not accounted therefor to settle their 
accounts. 

13. To direct and superintend the collection of all moneys due 
the State, and institute suits in its name for all official delinquencies 
in relation to assessment, collection and payment of the revenue, and 
against persons who by any means have become possessed of public 
money or property and fail to pay over or deliver the same, and 
against all debtors of the State, of which suits the courts of Ada 
County have jurisdiction, without regard to the residence of the 
defendants. 

14. To draw warrants on the Treasurer for the payment of 
moneys directed by law to be paid out of the Treasury; but no war- 
rant must be drawn unless authorized by law. Every warrant must 
be drawn upon the fund out of which it is payable, and specify the 
service for which it is drawn, and when the liability accrued. 

15. To furnish the State Treasurer with a list of warrants drawn 
upon the Treasury. 

16. To have printed and forwarded to the treasurer of each 
county blank State licenses. 

17. To authenticate with his official seal all drafts and warrants 
drawn by him, and all copies of papers issued from his office. 



Historical: Rev. St. 1887, Sec. 205. 
See 3 Ter. Ses. (1886) 190, Sees. 3, 4. 
Subd. 1 modified by inserting after 
"Governor" in line 1, the words "on or 
before the first day of December" in 
place of "at least twenty days" to con- 
form to Laws 1903, 149 (Codes Sees. 
279-281). Subd. 10 omitted because 
superseded by Const. Art. 4. Sec. 18, 
creating- the Board of Examiners. 
Subd. 21 omitted because imposing- a 
duty in connection with Rev. St. Sec. 
146 2, which was repealed by Laws 
1899, 254. Subds. 14 and 15 omitted 
because covered by the State exam- 
iner law, Laws 1905, 386 (Codes, Sees. 
170-188.) 

California Legislation: Similar: 

Pol. Code 1872, Sec. 433; Deering's 
Code, ib.; Kerr's Code, ib. 

Cross Reference: Report: Const. 
Art. 4, Sec. 17; also as to printing the 
report: Sees. 279-281 post. 

Constitutional Provisions: Term of 
office and residence at seat of govern- 
ment: Const. Art. 4, Sec. 1. Election: 
Art. 4, Sec. 2. Qualifications: Art. 4, 
Sec. 3. Member of State Board of 
Equalization: Art 7, Sec. 12. 

Salary: Sec. 274. 

Member of Boards: Of State Board 
of Equalization: Sec. 1702; of State 
Board of Canvassers: Sec. 450. 



Is ex-officio recorder of brands: 
"ec. 1227. 

To draw no warrants disapproved 
by the Board of Examiners: Sec. 147. 

Duties relating to revenue: To have 
blank licenses printed and transmit 
the same to the county treasurer, and 
to hold the county officers responsible 
for licenses not accounted for: Sees. 
1828, 1829, 1833. Duties with ref- 
erence to transfer taxes: Sees. 1873- 
1897. Settlements with county offi- 
cers for taxes collected: Sees. 1795- 
1803. To have assessment book print- 
ed: See. 1718. To have tax receipts 
printed if required by the county com- 
missioners and supply same to asses- 
sors: Sees. 1734-1735. To have as- 
sessment rolls printed: Sec. 1726. To 
have printed and furnished to the as- 
sessors blank statements for taxpay- 
ers: Sec. 1684. May examine books 
of officers charged with collection of 
revenue: Sec. 1825. To prosecute 
delinquent revenue officials and for 
that purpose may emplov counsel: 
Sees. 1826, 1827. 

Duties with reference to deposit of 
State funds: Sees. 128, 129, 135. 

Duplicate receipts for license money 
collected from surety companies to be 
filed with State Auditor: Sec. 2942. 

Transfer to general fund of unex- 



Ch. 6. 



STATE AUDITOR 



221 



pended balances in special funds: Sec. 
120. 

To certify to money received in the 
Treasury: Sec. 118. 

To take possession, with the Secre- 
tary of State, of the office of State 



Treasurer in case of vacancy and ab- 
sence of Governor: Sec. 330. 

To assist State Examiner: Sec. 178. 

To issue subpoenas for officers fail- 
ing to make reports or transmit funds: 
Sec. 281a. 



Same: Certificate of Settlement. 

Sec. 103. The certificate mentioned in Subdivision 10, of Section 
102, must show by whom the payment is to be made, the amount 
thereof, and the funds into which it is to be paid, and must be 
numbered in order, beginning with number one at the commence- 
ment of each fiscal year. 



Historical: Rev. St. 188 7, Sec. 206. 
Subd. "11" changed to subd. "10" to 
conform to changes in preceding sec- 
tions. 

California Legislation : Same except 



"Section 433" for "Section 102" line 
2: Pol. Code 1872, Sec. 434; Deer- 
ing's Code, ib.; Kerr's Code, ib. 

Cited: Steunenberg v. Storer (1898) 
6 Ida. 44; 52 Pac. 14. 



Same: Account of School Fund. 

Sec. 104. The Auditor must keep a separate account of the school 
fund, and of the interest and income thereof, together with such 
moneys as may be raised by special tax or otherwise for school 
purposes. 



Historical: Rev. St. 1887, Sec. 207. 

California Legislation: Same except 
"Controller" for "Auditor," with ad- 



ditional provisions: Pol. Code 1872, 
Sec. 435; Deering's Code, ib.; as 
amended: Kerr's Code, ib. 



Warrants, How Drawn. 

Sec. 105. All warrants for claims which have been filed in his office 
must be drawn in the order of their allowance. 



Historical: Rev. St. 1887, Sec. 2 08. 
Omitting "audited by (him)" as now 
obsolete under Const. Art. 4, Sec. 18, 
creating the Board of Examiners. 



California Legislation: Similar: 

Pol. Code 1872, Sec. 436; Deering's 
Code, ib.; Kerr's Code, ib. 



Lost Warrants: Issuance of Duplicates. 

Sec. 106. In case of the loss or destruction of any warrant here- 
tofore issued or that may be issued by the Auditor of the State of 
Idaho, in payment of any claim against the State of Idaho, the State 
Auditor is hereby authorized to issue his duplicate warrant to take 
the place of the warrant so lost or destroyed, upon satisfactory proof 
by affidavit of the loss of the said warrant: Provided, That in case 
of the issuance of any such duplicate warrant, the Auditor shall re- 
quire an indemnity bond of not less than double the amount of the 
warrant lost, conditioned upon the payment to the State of Idaho 
of any loss or damage or obligation by reason of the said lost war- 
rant becoming a claim against the State ; and, Provided further, That 
it shall be the duty of the State Auditor to notify the State Treasurer 
of the issuance of the said duplicate warrant so that payment may 
be stopped upon the warrant so lost. 

Historical: Laws 1907, 348, Sec. 1. 

Proceedings Against Defaulters. 

Sec. 107. Whenever any person has received moneys, or has money 
or other personal property which belongs to the State, or has been 



222 



PUBLIC OFFICERS 



Tit. 2 



intrusted with the collection, management, or disbursement of any 
moneys, bonds, or interest accruing therefrom, belonging to, or held 
in trust by, the State, and fails to render an account thereof to, and 
make settlement with, the Auditor within the time prescribed by law, 
or, When no particular time is specified, fails to render such account 
and make settlement, or who fails to pay into the State Treasury any 
moneys belonging to the State, upon being required so to do by the 
Auditor, within twenty days after such requisition, the Auditor must 
state an account with such person, charging twenty-five per cent 
damages, and interest at the rate of ten per cent per annum from 
the time of failure; a copy of which account in any suit therein is 
prima facie evidence of the things therein stated. But in case the 
Auditor cannot, for want of information, state an account, he may, 
in any action brought by him, aver that fact, and allege generally 
the amount of money or other property which is due to or which 
belongs to the State. 



Historical: Rev. St. 1887, Sec. 2 09. 

California Legislation: Similar to 
last sentence, which is omitted: Pol. 
Code 1S72, Sec. 437; simila> as 
amended: Deering's Code, ib.; Kerr's 
Code, ib. 

Damages — When Imposed: The 

damages imposed by this section are 
intended as a penalty for wilful dere- 



liction or refusal of an officer to ac- 
count for moneys which he receives, 
and will not be imposed where there 
is no design of the officer to avoid 
his duty or misinterpret the laws to 
his own advantage, and he has acted 
on the advice of the Attorney Gen- 
eral. Anderson v. Lewis (1898) 6 
Ida. 51; 52 Pac. 163. 



Printing of Blanks. 

Sec. 108. The State Auditor must, on the first day of August in 
each year, advertise that he will receive sealed proposals for con- 
tracts, for the printing and delivery at the Auditor's office in Boise 
City, of all blanks required by said office during the year next ensuing, 
and such notice must state the date for delivery of such blanks. A 
description and schedule must be made out, and kept by the Auditor 
in his office for the inspection of any person desirous of making 
proposals for the printing of the same. Said notice must be published 
in two newspapers, published in the State, at least once a week, for 
at least four successive weeks, and must state the time that all 
proposals will be opened. The proposals must be publicly opened 
and the award made to the lowest bidder, at the office of the Auditor 
by the State Treasurer and Auditor, on the day and hour named in 
the notice, which must be within five days from the last publication ; 
and the blanks must be delivered within sixty days. after the award; 
but this section does not authorize the expenditure of more than one 
thousand dollars in any one year. The person to whom the contract 
is awarded must, within ten days thereafter, file with said Auditor 
a bond in the sum of two thousand dollars, with at least two good 
and sufficient sureties, to be approved by the Auditor, and conditioned 
for the faithful performance of his contract in accordance with the 
terms thereof. And if he fails or refuses to give such bond, the 
contract must be awarded to the next lowest bidder, or the Auditor 
may advertise for other proposals as he may think best. All blanks 
of every description, required to be furnished by the Auditor, under 
any of the laws of the State, must be printed under a contract in 



Ch. 6. 



STATE AUDITOR 



223 



accordance with the provisions of this chapter, and not otherwise; 
and no warrant must be drawn by the Auditor upon the State Treas- 
urer for any sum for printing, except as herein provided. 



Historical: Rev. St. 1887, Sec. 210. 
See 6 Ter. Ses. (1871) 46, Sees. 1, 2, 
3; first section amended by 7 Ter. Ses. 
(1873) 53, Sec. 1, and 9 Ter. Ses. 
(1877) 40, Sec. 1. 



(Cross Reference: Public printing- to 
be done in the State: Sees. 1474-1476. 



Claims Against the State. 

Sec. 109. All persons having claims against the State must exhibit 
the same, with the evidence in support thereof, to the Auditor, to be 
audited, settled and allowed by the Board of Examiners, within two 
years after such claim shall accrue, and not afterward. In all suits 
brought in behalf of the State, no debt or claim must be allowed 
against the State as a set-off but such as have been exhibited to the 
Auditor, and allowed or disallowed by the Board of Examiners except 
only in cases where it is proved to the satisfaction of the court that 
the defendant, at the time of the trial, is in possession of vouchers 
which he could not produce to the Auditor, or that he was prevented 
from exhibiting the clami to the Auditor by absence from the State, 
sickness, or unavoidable accident. No claim which is not provided for 
by law shall be audited or set off. 



Historical: Rev. St. 18 87, Sec. 211. 
See 3 Ter. Ses. (1866) 90, Sec. 7. 
Re-written to conform to Const. Art. 
4, Sec. 18, creating the Board of Ex- 
aminers. 



Cross Reference: Board of Exami- 
ners: Const. Art. 4, Sec. 18; also Sees. 
144-148 post. 



Vouchers and Accounts Preserved. 

Sec. 110. All accounts, vouchers, and documents settled, or to be 
settled, by the Auditor or Board of Examiners must be preserved in 
his office, and copies thereof, authenticated by the official seal of the 
Auditor, shall be given to any person interested therein who requires 
the same. 



Historical: Rev. St. 1887, Sec. 213. 
3 Ter. Ses. (1866) 190, Sec. 9, Words 



"or Board of Examiners" inserted on 
the authority of Const. Art. 4, Sec. 18. 



Appropriation Necessary to Authorize Warrant. 

Sec. 111. In all cases of specific appropriations, salaries, pay and 
expenses, ascertained and allowed by law, found due to individuals 
from the State, when audited, the Auditor must draw warrants upon 
the Treasury for the amount; but in cases of unliquidated accounts 
and claims, the adjustment and payment of which are not provided 
for by law, no warrants must be drawn by the Auditor, or paid by 
the Treasurer, until appropriation is made by law for that purpose, 
nor must the whole amount drawn for and paid for any purpose or 
under any one appropriation ever exceed the amount appropriated. 



Historical: Rev. St. 1887, Sec. 214. 
See 3 Ter. Ses. (1866) 190, Sec. 10. 

Cross Reference: No money shall 
be drawn from the Treasury except 



pursuant to appropriation: Const. Art. 
7, Sec. 13. 

Cited:. King-sburv v. Anderson 
(1898) 5 Ida. 771; 51 Pac. 744. 



Auditor to Report Delinquent Collectors. 

Sec. 112. The Auditor must report to the Legislature, within ten 



224 PUBLIC OFFICERS Tit. 2 



days after the commencement of each regular session, a list of all 
the collectors of revenue, and other holders of public money, whose 
accounts remain unsettled for six months after they ought to have 
been settled according to law, and the reasons therefor. 



Historical: Rev. St. 1887, Sec. 217. 
3 Ter. Ses. (1866) 190, Sec. 13. 

Inspection of Books by Legislature. 

Sec. 113. All the books, papers, letters, and transactions pertain- 
ing to the office of the Auditor are open to the inspection of a com- 
mittee of the Legislature, or either branch thereof, who shall examine 
all the Auditor's accounts. 

Historical: Rev. St. 1887, Sec. 219. 
3 Ter. Ses. (1866) 190, Sec. 15. 

Seal of Office. 

Sec. 114. The Auditor must keep a seal of office, for the authenti- 
cation of all papers, writings, and documents required by law to be 
certified by him, and copies so authenticated and certified, of all 
papers and documents lawfully deposited in his office, must be re- 
ceived in evidence as the original. 

Historical: Rev. St. 1887, Sec. 220. 
3 Ter. Ses. (1866) 190, Sec. 17. 

Official Bond. 

Sec. 115. The Auditor must execute an official bond in the sum 
of ten thousand dollars. 

Historical: Rev. St. 1887, Sec. 222. Code 1872, Sec. 442; Deering's Code, 

California Legislation: Sec. Pol. ' ib '> Kerr's Code, ib. 

Appointment of Deputy. 

Sec. 116. The Auditor may appoint a deputy who shall receive no 
compensation as deputy. 



Historical: Last part of Rev. St. 
1887, Sec. 218, re-written. The sal- 
ary of the deputy is payable out of 



tho appropriation for clerical assist- 
ance found in the general appropri- 
ation bills. 



CHAPTER 7. 
STATE TREASURER. 



/Vri'Cie 

1. Duties in general. 

2. Funds and warrants. 



Article 

3. Deposit of State funds. 

4. Miscellaneous provisions. 



ARTICLE 1. 
DUTIES IX GENERAL. 



Section 

117. Duties of Treasurer. 

118. Money to be' accompanied by 
certificate. 



Section 

118a. Money to be kept in vault. 



Duties of Treasurer. 

Sec. 117. It is the duty of the Treasurer: 



Ch. 7. Art. 1. 



STATE TREASURER — DUTIES 



225 



1. To receive and keep all moneys belonging to the State not 
required to be received and kept by some other person. 

2. To file and keep the certificates of the Auditor delivered to 
him when moneys are paid into the Treasury. 

3. To deliver to each person paying money into the Treasury a 
receipt showing the amount, the sources from which the money ac- 
crued, and the funds into which it is paid, which receipts must be 
numbered in order, beginning with number one at the commencement 
of each fiscal year. 

4. To pay warrants drawn by the Auditor out of the funds upon, 
and in the order in, which they are drawn. 

5. Upon payment of any warrant, to take upon the back thereof 
the receipt of the person to whom it is paid, and file and preserve 
the same. 

6. To keep an account of all moneys received and disbursed. 

7. To keep separate accounts of the different funds. 

8. To report to the Auditor, on the last day of each month, the 
amount disbursed for redemption of bonds and in payment of war- 
rants during the month ; which report must show the date and number 
of such bonds and warrants, the funds out of which they were paid, 
and the balance of cash on hand in the Treasury to the credit of each 
fund. 

9. At the request of either house of the Legislature, or any com- 
mittee thereof, to give information in writing as to the condition 
of the Treasury or upon any subject relating to the duties of his office. 

10. To report to the Governor at the time prescribed in this 
Code, the exact balance in the Treasury to the credit of the State, 
with a summary of the receipts and payments of the Treasury during 
the two preceding fiscal years. 

11. To authenticate with his official seal all writings and papers 
issued from his office. 

12. To discharge such other duties as may be imposed upon him 
by law. 



Historical:. Rev. St. 1887, Sec. 230. 
See 2 Ter. Ses. (1864) 415, Sec. 2. 

California Legislation: Similar 

but "Controller" for "Auditor" 
throughout: Pol. Code 1872, Sec. 452; 
Deering's Code, ib.; Kerr's Code, ib. 

Cross Reference: Term of office: 
Const. Art. 4, Sec. 1. Residence at 
seat of government: Ib. Qualifica- 
tions: Art. 4 Sec. 3. Election: Art. 
4, Sec. 2. Member of Board of Equal- 
ization: Art. 7, Sec. 12. Is custodian 
of school fund: Art. 9, Sec. 3. 

Salary: Sec. 2 74. 

Member of Boards: Of State Board 
of Canvassers: Sec. 450; of State 
Board of Equalization: Sec. 1702; of 
Board of Capitol Building Trustees: 
Sec. 86; is ex-officio Treasurer of 
Board of Trustees of Lewiston Nor- 
mal School: Sec. 502; is ex-officio 
Treasurer of Board of Trustees of 
Academy of Idaho; Sec. 548; is ex- 
officio Treasurer of Board of Trustees 
of Albion Normal School: Sec. 519; is 



Treasurer of State Highway Commis- 
sion: Sec. 1063; is ex-officio Treasurer 
of Board of Trustees of Industrial 
Training School: Sec. 808; is ex-of- 
ficio Treasurer of Board of Trustees 
of North Idaho Insane Asylum: Sec. 
787. 

Deposit of securities by surety com- 
panies; Sec. 2939. 

Payment to Treasurer of license 
fees collected from insurance com- 
panies: Sec. 2942. 

Revocation of authority of insur- 
ance companies for failure to pay 
judgment of fine incurred by violation 
of law requiring insurance poli- 
cies to be countersigned by resident 
agents: Sec. 2879. 

Award of contracts for printing 
supplies for Auditor's office: Sec. 108. 

To take charge of unclaimed pro- 
ceeds of sale of floating timber: Sec. 
870. 

To take possession of office of Sec- 
retary of State in case of vacancy 



226 



PUBLIC OFFICERS 



Tit. 2 



and absence of Governor: Sec. 330. 

To keep papers and securities be- 
longing to Land Board: Sec. 1367. 

To assist State Examiner: Sec. 178. 

Duties in collection of transfer tax: 
Sees. 1873-1897. 

To issue subpoenas for officers fail- 
ing to make reports or transmit funds: 
Sec 281a. 

Settlements with county officers for 
ta\t G collected: Sees. 1795-1803. 



n 'o report for fees paid over by 
the clerk of the Supreme Court: Sec. 
220. 

To deposit fees of officers: Sec. 274. 

To audit salary of Auditor: Sec. 274. 

To pay no warrant until appropria- 
tion is made: Sec. 111. 

To stop payment on lost warrants: 
Sec. 106. 



Money to Be Accompanied by Certificate. 

Sec. 118. He must receive no money into the Treasury unless ac- 
companied by the certificate of the Auditor. 



Historical: Rev. St. 1887, Sec. 231. 

California L/egislation : Same except 
"Controller" for "Auditor," and with 



cidditional provisions: Pol. Code 1872. 
Sec. 453; Deering's Code, ib.; Kerr's 
Code, ib. 



Money to Be Kept in Vault. 

Sec. 118a. All State moneys in the custody of the State Treasurer 
not otherwise deposited as is or may be by law provided, shall be 
kept in the vault and safe as provided for that purpose in the Capitol 
building and in no other place. A violation of this section shall sub- 
ject the State Treasurer, upon conviction thereof, to pay a fine of 
not less than five thousand dollars nor more than ten thousand dollars, 
or to imprisonment in the State Prison for a period of not less than 
one nor more than ten years, or to both such fine and imprisonment. 



Historical: Laws 1905, 31, Sec. 1; 
re- written so as to omit portion re- 
quiring capiiol trustees to furnish a 



vault and safe and making an appro- 
priation therefor, the purposes of 
which have been fulfilled. 



ARTICLE 2. 
FUNDS AND WARRANTS. 



Section 

119. General fund defined. 

1 masters to general fund. 

Same: Revenues temporarily 

diverted. 

Apportionment of forest reserve 

funds. 



120. 

12 I. 

122. 



Section 

12 3. Payment of warrants. 

124. Payment in part. 

12 5. Unpaid warrants: Interest. 

12 6. Refusal to pay warrants. 



General Fund Denned. 

Sec. 119. The general fund consists of moneys received into the 
Treasury and not specially appropriated to any other fund. 



Historical: Rev. St. 1887, Sec. 232. 

California Legislation: Same: Pol. 
Code 18 72, Sec. 45 4; Deering's Code, 
ib; Kerr's Code, ib. 



Cited: Steunenberg v. Storer (1898) 
6 Ida. 44; 52 Pac. 14. 



Transfers to General Fund. 

Sec. 120. Whenever there shall be or remain in any special or 
temporary fund created or established by or under any law of the 
State of Idaho, a surplus or unexpended balance after the purpose 
or purposes for which such special or temporary fund was provided 
shall have been fully accomplished, the State Auditor and State Treas- 
urer are hereby authorized, directed and Required to transfer 



Ch. 7. Art. 2. state treasurer — funds and warrants 227 

such surplus or unexpended balance, from the fund in which the 
same shall be or remain to the general fund of the State. 

Historical: Laws 1905, 219, Sec. 1. 

Same: Revenues Temporarily Diverted. 

Sec. 121. Whenever revenues are diverted from the general fund 
of the State, in order to provide a special or temporary fund for a 
particular purpose or a number of purposes, and such purpose or 
purposes shall have been fully accomplished, such diversion shall 
cease, and thereafter such revenues shall accrue to the general fund 
as they did prior to the time when such diversion was authorized and 
required. 

Historical: Laws 1905, 219, Sec. 2. 

Apportionment of Forest Reserve Funds. 

Sec. 122. It shall be the duty of the State Treasurer to receive 
any and all moneys paid or offered to be paid to him as such Treasurer 
by the Treasurer of the United States on account of the moneys re- 
ceived from such forest reserve, under and by virtue of the act of 
Congress of June 30, 1906, and to keep a separate account of the 
sums received from each reserve, and to apportion the distributive 
shares of the same among the several counties in which such forest 
reserves are situated in proportion to the area of such reserve in 
such county, and to pay the same over to the several county treasurers 
of such counties at least once in each and every year, and as soon 
after the same is received as such apportionment can be made. 

As soon as any of said moneys are received by the county treas- 
urer, he shall apportion the same as follows. Seventy-five per cent 
thereof to the general road fund of the county, to be used in the 
construction and repair of roads and bridges in the county, under 
the direction of the county commissioners of the county, giving the 
preference, when other conditions are equal, to roads and bridges in 
the reserves whenever and wherever the same are most needed, and 
twenty-five per cent thereof to the general common school fund of 
the county, to be used in the construction, support and maintenance 
of public school houses and schools in such county according to the 
school laws. 

Historical: Laws 1907, 162, Sees. 
1, 2. 

Payment of Warrants. 

Sec. 123. The State Treasurer must pay warrants on any of the 
several funds in his office in their regular order, as prescribed by law. 

Historical: Rev. St. 1887, Sec. 235. 
6 Ter. Ses. (1871) 41, Sec. 1. 

Payment in Part. 

Sec. 124. When any warrant is presented for payment and there 
is not money on hand to pay the Warrant in full, the Treasurer must 
pay to the holder thereof such sums only as may be in the fund upon 
which the warrant is drawn, and divide the warrant, retaining that 
portion on which the number of the warrant is, and require the owner 



228 PUBLIC OFFICERS Tit. 2 

of the warrant to receipt for the amount received, on the back of 
said portion; the other part of the warrant must be returned to the 
owner thereof, with the following indorsement on the back: No. (in 
figures) ; number of warrant written; total amount of warrants to 
date; amount paid on warrant; balance due on warrant on the date 
of partial payment; date of partial payment; name of Treasurer. 
And said portion of warrant, so indorsed, constitutes a charge against 
the fund on which it was originally drawn for the amount of the 
balance as shown by the indorsement, and is payable out of the first 
money in said fund; and the above provided division of any warrant 
in no way destroys its validity; but nothing in this chapter must be 
construed as allowing the payment of interest on interest. 

Historical: Rev. St. 1887, Sec. 236. 
6 Ter. Ses. (1871) 41, Sec. 2. 

Unpaid Warrants: Interest. 

Sec. 125. It is the duty of the State Treasurer to keep a register 
of the State warrants presented to him, and not paid for want of 
funds, in the order of their presentation, and to write across the 
back of the same, "Presented and not paid for want of funds," said in- 
dorsement to be dated and signed by the Treasurer ; and said warrants 
draw interest at the rate of six per cent per annum from date of 
presentation until paid. 

Historical: Rev. St. 1887, Sec. 238; I amended Laws 1899, 228, Sec. 1; 
(See 2 Ter. Ses. (1864) 415, Sec. 5.) I amended Laws 1901, 107, Sec. 1. 

Refusal to Pay Warrants. 

Sec. 126. If the State Treasurer wilfully and unlawfully refuses 
to pay any warrant lawfully drawn upon the Treasury, he forfeits 
and must pay fourfold the amount, to be recovered by action against 
the Treasurer and his sureties on his official bond, or otherwise. 

Historical: Rev. St. 188 7, Sec. 2 4 0. 
See 2 Ter. Ses. (1864) 415, Sec. 10. 

ARTICLE 3. 

DEPOSIT OF STATE FUNDS. 



Section 

132. Treasurer to make no profit. 
13 3. Neglect of Treasurer a misde- 
meanor. 
13 4. Bribery of Treasurer a felony. 

135. Sale of deposited securities. 

136. Definition of "Several Current 
Funds"; Application of law. 



Section 

127. State funds to be deposited in 
banks. 

128. Interest on deposit: How com- 
puted. 

12 9. Security for deposits. 

130. Definition of bank and security. 

131. Investigation of banks and se- 
curities. 

State Funds to Be Deposited in Banks. 

Sec. 127. The State Treasurer shall deposit, and at all times keep 
on deposit, in the State or national banks, or some of them, doing 
business in this State and of approved standing and responsibility, 
the amount of money in his hands belonging to the several current 
funds in the State Treasury, and any such bank may apply for the 
privilege of keeping on deposit such funds or some part thereof. All 



Ch. 7. Art. 3. state treasurer — deposit of funds 229 



such deposits shall be subject to payment when demanded by the 
State Treasurer on his check, and any bank receiving and holding 
any such deposit as aforesaid, shall .be required to pay, and shall pay, 
to the State, for the privilege of holding the same, not less than two 
per cent per annum upon the amount so deposited, as herein provided ; 
and subject, also, to such regulations as are imposed by law and 
the rules adopted by the State Treasurer for receiving and holding 
such deposits. The Treasurer shall not give a preference to any one 
or more banks applying to be made such depositories, as in this 
article provided, in the amount he may so deposit, but shall keep 
deposited with each of said banks such part of said money, so on 
deposit, as the par value of the securities, or the penalty in the bond 
furnished by said bank, is a part of the sum of all the penalties of 
all the bonds and the par value of all the securities, so furnished by 
the banks so applying to be made depositories, so that such moneys 
may at all times be deposited with said banks pro rata as to the 
penalty of the bond, or the par value of the securities, furnished by 
them respectively: Provided, The Treasurer shall not have on de- 
posit in any bank, at any time, more than the par value of the securi- 
ties, nor more than one-half of the amount of the bond given by 
said bank: Provided, further. That where a surety bond in some 
responsible surety company shall be furnished to the satisfaction 
and approval of the Governor, Secretary of State and Attorney Gen- 
eral, as hereinafter provided, the amount on deposit may equal, but 
shall not exceed, ninety per cent of the penalty of the bond ; but in 
no case shall the amount deposited by him in any bank exceed seventy 
five per cent of its paid-up capital stock. The Governor, Secretary 
of State and Attorney General shall, annually, on the last day of 
April, or when said day shall fall on Sunday, then on the day next 
preceding, fix the rate of interest to be paid on such deposits, which 
shall be not less than the rate hereinbefore in this article established, 
and which rate, when so established, shall not be changed for such 
period of one year. 

Historical: Laws 1905, 305, Sec. 1. 

Interest on Deposit: How Computed. 

Sec. 128. The amount to be paid by any and all banks, under the 
provisions of this article, for the privilege of keeping such public 
funds .on deposit, shall be computed on the average daily balance of 
the public moneys kept on deposit therewith, and shall be credited 
and paid to the State quarterly on the first day of January, April, 
July and October of each year, and such depositary shall, quarterly, 
on the days aforesaid, render a statement, in duplicate, to the Treas- 
urer and Auditor, showing the amounts so credited. The Treasurer 
shall require, and it is hereby made the duty of, every such depository 
to keep accurate accounts of all such moneys deposited with it, show- 
ing the amount deposited and when deposited, and to render, at the 
beginning of each and every month, to the Treasurer and Auditor, a 
statement, in duplicate, showing the daily balance of the State moneys 
held by it during the month next preceding, and the interest thereon, 
and all sums paid to the State for the privilege of keeping said 



230 PUBLIC OFFICERS Tit. 2 



moneys on deposit as aforesaid, shall be apportioned by the Auditor 
and credited by the Treasurer to the account of the general fund. 

Historical: Laws 1905, 305, Sec. 2; • 
amended Laws 1907, 95, Sec. 1. 

Security for Deposit. 

Sec. 129. For the security of funds so deposited under the provi- 
sions of this article, the State Treasurer shall require all such depos- 
itories to deposit securities of the kind and character hereinafter de- 
scribed, or to give bonds, for the payment of such deposits and the 
interest thereon. Said bonds, when given, shall run to the State of 
Idaho, and, together with the securities offered, are to be approved 
by the Governor, Secretary of State and Attorney General. The offi- 
cers, or stockholders, of the bank seeking to qualify as a depository 
shall be ineligible as sureties on the bond provided for under this 
section. Said, bond shall be conditioned that the depositary shall, at 
the beginning of each and every month, render to the Treas- 
urer and Auditor a statement, in duplicate, showing the daily balance 
and the amount of money of the State held by it during the month 
preceding, and the amount of the interest thereon, and for the pay- 
ment of the said deposit and the interest thereon, as hereinbefore 
provided, when demanded by the State Treasurer on his check at any 
time, and, generally, to do and perform whatever may be required by 
the provisions of this article and a faithful discharge of the trust 
reposed in such depository. The said bond shall be in substance as 
follows : 

Know all men by these presents, that as principal and 

sureties, are held and firmly bound unto the State of 

Idaho, in the sum of dollars for the payment of which, well 

and truly to be made, we hereby bind ourselves, our and each of our 
heirs, executors, and administrators, jointly and severally, by these 
presents. 

Dated the ...day of A. D. 

Whereas, the said principal, the bank of , has ap- 
plied for a part of the current funds in the State Treasury of the 
State of Idaho to be deposited in said bank, the amount whereof shall 
be subject to withdrawal or diminution by said Treasurer as the re- 
quirements of the State shall demand, and which amount may be in- 
creased or decreased as the said Treasurer may determine; and 

Whereas, the said bank, in consideration of said deposit and for 
the privilege of keeping the same, has agreed to pay the State of 
Idaho interest on such sum a rate not less than two per cent per 
annum on the amount of said deposit, the same to be credited and 
paid quarterly upon the daily average of such amount as the said 
bank shall have on deposit for the quarter, or any fraction thereof, 
next preceding the crediting or payment of said interest, which in- 
terest shall be computed and credited to the account of the State and 
shall become henceforth a part of such deposit. 

Now, therefore, if said bank of .....shall, at the begin- 
ning of each and every month render to the State Treasurer and State 
Auditor a statement, in duplicate, showing the daily balance of the 
State moneys held by it during the month next preceding, and the 



Ch. 7. Art. 3. state treasurer — deposit of funds 231 



interest thereon, and shall well and truly keep all said sums of money 
so deposited, or to be deposited, as aforesaid, and the interest thereon, 
subject at all times to the check and order of the State Treasurer as 
aforesaid, and shall pay over the same, and any part thereof, upon 
the check or written demand of the State Treasurer, and to his suc- 
cessor in office as shall be by him demanded, and shall calculate, 
credit and pay said interest as aforesaid, and shall in all respects, 
save and keep the State of Idaho and the said State Treasurer 
harmless and indemnified for and by reason of the making of said 
deposit, or deposits, then this obligation shall be void and of no 
effect, otherwise to be and to remain in full force and virtue. 

Witness our hands and seals the day and year first above written. 

(Seal) ...(Seal) 

(Seal) .(Seal) 

(Seal) (Seal) 

Where the penalty of any such bond exceeds ten thousand dol- 
lars, the sureties thereon may become severally liable for any sum 
not less than ten thousand dollars; but such surety or sureties shall 
be required to justify in double the amount for which each, respec- 
tively, becomes liable on said bond; in all other respects, the justifi- 
cation of sureties shall be as required by Section 4934 of these Codes. 
All bonds and securities, after approval, shall be deposited with and 
held by the State Auditor. It shall be the duty of the Attorney Gen- 
eral to enter and prosecute to final determination all suits for the 
recovery of any penalty arising under the conditions of any bond 
required to be given by the provisions of this article. 

Historical: Laws 1905, 305, Sec. 3. 

Definition of Bank and Security. 

Sec. 130. The word "bank" or "banks" whenever used in this 
article, shall be held to include trust companies, and the word "bonds" 
to include bonds furnished by surety companies authorized and quali- 
fied to do business in this State. The word "security" or "securities" 
shall be construed to include United States bonds, bonds of the State 
of Idaho, and those for which it is ultimately liable, bonds of the 
several counties, cities, villages, towns and school districts of this 
State, warrants of the State of Idaho, and of the several counties 
thereof drawn on the current expense fund. No securities shall be 
approved unless their market value shall equal their par or face 
value, or where there has been default within three years in the pay- 
ment of the principal or interest of any obligation issued by the same 
maker. Upon payment to the State of the deposits and accrued in- 
terest for which security was given, it shall be returned to the bank 
furnishing the same, and when such securities can be conveniently 
segregated, the amount thereof may be reduced in proportion as such 
deposits shall be reduced or repaid to the State. 

Historical: Laws 1905, 305, Sec. 4. 

Investigation of Bank and Securities. 

Sec. 131. All personal bonds shall be investigated and the suffi- 
ciency of the same, or the securities thereon, determined as often as 
once every six months, and shall be renewed every two years by- the 



232 PUBLIC OFFICERS Tit. 2 



Governor, Secretary of State and Attorney General, or a majority 
of them, may cause an investigation to be made at any time to as- 
certain the condition of any bank or the sufficiency of any bond or 
security offered or given under this article, and to require new or 
additional security whenever in their judgment the safety of any 
deposit of State moneys under this article requires it; and such de- 
posit shall be withdrawn unless such new or additional security be 
given. Any expense incurred in carrying out the provisions of this 
article shall be audited by the State Board of Examiners and paid 
out of the "Official Bonds and Insurance Fund" of the State. The 
State Treasurer shall not be liable personally or upon his official 
bond for any moneys that may be lost by reason of the failure or in- 
solvency of any bank which becomes a depository under this article. 
The Governor, or any person authorized by him in writing, may, 
during business hours, in the presence of the Treasurer or his deputy, 
inspect and examine the books of account in the office of the Treas- 
urer, and all contracts, writings, securities and other papers belong- 
ing to the State, or pertaining to the business thereof, held by the 
Treasurer, and may inspect and count the moneys belonging to this 
State and the several funds thereof in the custody of the Treasurer, 
and it is hereby made the duty of the State Treasurer to furnish all 
reasonable facilities for the purpose. 

Historical: Laws 1905, 305, Sec. 5. 

Treasurer to Make No Profit. 

Sec. 132. The making of profit, directly or indirectly, by the State 
Treasurer, out of any money in the State Treasury, belonging to the 
State, the custody of which the State Treasurer is charged with, by 
loaning or otherwise using it, or depositing the same in any manner 
contrary to law, or the removal by the State Treasurer or by his con- 
sent, of such moneys, or a part thereof, out of the vault or safe of the 
Treasurer's department, after the same shall have been provided by 
the State, or out of any legal depository of such moneys, except for 
the payment of warrants legally dawn, or for the purpose of depos- 
iting the same, under the provisions of this article, in banks which 
shall have qualified as depositories, shall constitute a felony, and, on 
conviction thereof, shall subject the Treasurer to imprisonment in 
the State Penitentiary for a term not exceeding two years or a fine 
not exceeding five thousand dollars, or to both such fine and impris- 
onment, and the Treasurer shall be liable uDon his official bond for 
all profits realized from such unlawful use of such funds. 

Historical: Laws 1905, 305, Sec. 6. 

Neglect of Treasurer a Misdemeanor. 

Sec. 133. If the State Treasurer shall wilfully fail or refuse at 
any time to do or perform any act required of him by this article, he 
shall be guilty of a misdemeanor, and, upon conviction thereof, he 
shall be sentenced to pay a fine not exceeding five thousand dollars. 

Historical: Laws 1905, 305, Sec. 7. 

Bribery of Treasurer a Felony. 

Sec. 134. The offering, or giving, directly or indirectly, by any 



Ch. 7. Art. 4. state treasurer — miscellaneous provisions 



233 



bank or depository, or by any officer or stockholder thereof, or by 
any other person or persons in its or their behalf, or by its or their 
knowledge, acquiescence or authority, or in its or their interest, to the 
State Treasurer, of any gift, compensation, reward or inducement 
with the intent or for the purpose of inducing said Treasurer to de- 
posit funds of the State in any bank contrary to any law of this State, 
shall constitute a felony, and shall, upon conviction thereof, subject 
the party or parties offending to imprisonment in the State Peniten- 
tiary for a period not exceeding two years, or to a fine not exceeding 
five thousand dollars, or to both such fine and imprisonment. 

Historical: Laws 1905, 305, Sec. 8. 

Sale of Deposited Securities. 

Sec. 135. The State Auditor is hereby authorized and empowered 
to sell any or all of the bonds or warrants, or both, that may be de- 
posited as security for the deposit of any State funds in any deposi- 
tory under this article, at public or private sale, whenever there shall 
be a failure or refusal upon the part of any such bank, as a deposi- 
tory, to pay over the said funds or any part thereof upon the check 
or demand of the Treasurer made on such bank. Notice of the sale 
of such bonds or warrants, under this article, shall be given for a 
period of thirty days in a newspaper published in the city of Boise, 
Idaho, and when the sale of bonds is made by the said Auditor, either 
at public or private sale, under this article, and such bonds or war- 
rants, or both, have been transferred by the Auditor, the absolute 
ownership of such bonds and warrants rests in the purchaser or pur- 
chasers, upon the payment of the purchase money to the Treasurer 
and upon filing a duplicate receipt thereof with the Auditor. Should 
there be any surplus after paying the amount due the State, and ex- 
penses of sale, it shall be paid over to the bank making the deposit. 

Historical: Laws 1905, 305, Sec. 9. 

Definition of "Several Current Funds": Application of Law. 

Sec. 136. The words "several currrent funds" used in this article 
shall be held to apply to all funds in the State Treasury, except the 
permanent educational, public school, or university lands funds. 
Nothing in this article contained shall be construed to deprive the 
State Board of Land Commissioners of the power to invest or dis wsa 
of the funds derived from the sale of public lands as is now or may 
be provided by law. Whenever, by the provisions of this article, a 
duty is enjoined upon the Governor, Secretary of State and Attorney 
General, a majority may act and the decision of the majority shall 
be sufficient. 

Historical: Laws 1905, 305, Sec. 10. 



ARTICLE 4. 
MISCELLANEOUS PROVISIONS. 



Section 

137. Inspection of Treasurer's office. 

138. Same: Inspection by Governor. 

139. Official seal: Authentication of 
papers. 



Section 

140. State Treasurer may appoint a 
deputy. 

141. Official bond. 



234 



PUBLIC OFFICERS 



Tit. 2 



Inspection of Treasurer's Office. 

Sec. 137. The books, papers, letters and transactions pertaining to 
the office of Treasurer, are at all times during office hours open to 
the inspection of a committee of the Legislature, or either branch 
thereof, to examine and settle all accounts, or to take copies of the 
same, and to count all moneys; and when the successor of any such 
Treasurer is appointed and qualified, the State Auditor must examine 
and settle all the accounts of such Treasurer, remaining unsettled, and 
give to him a certified statement, showing the balance of moneys 
securities and effects for which he is accountable, and which have 
been delivered to his successor, and report the same to the Legislature. 

Historical: Rev. St. 1887, Sec. 2 37. 
See 2 Ter. Ses. (1864) 415, See. 4. 

Same: Inspection by Go er^or 

Sec. 138. The Governor of the State is hereby authorized and 
directed, at any time whenever he considers it necessary for the safe 
keeping and disbursement of public moneys, to make an examination 
of the amount in the possession of the State Treasurer, and for that 
purpose must have access to the same. 

Historical: Rev. St. 188 7, Sec. 242. 
3 Ter. Ses. (1865) 141, Sec. 2. 

Official Seal : Authentication of Papers. 

Sec. 139. The Treasurer must keep a seal of office for the au- 
thentication of all papers, writings and documents required by law 
to be certified by him; and copies so authenticated and certified, of 
all papers and documents lawfully deposited in his office, must be 
received in evidence as the original documents. 

Historical: Rev. St. 1887, Sec. 2 39. 
2 Ter. Ses. (1864) 415, Sec. 9. 

Deputy Treasurer. 

Sec. 140. The State Treasurer may appoint a deputy State Treas- 
urer, who shall take the oath required of his principal, and may per- 
form all the official duties of such principal, being subject to the same 
regulations and penalties, and for all whose official acts the State 
Treasurer shall be responsible. 

Historical: Laws 1899, 2 20, Sees. 1. 
2, 3; re-enacting Laws 1893, 150, Sees. 
1, 2, 3; re-written in combination. 

Official Bond. 

Sec. 141. The Treasurer must execute an official bond in the sum 
of sixty-five thousand dollars. 



Historical: Rev. St. 1887, Sees. 23 4. 

Act Feb. 10, 1887. 

California Legislation: Similar ex- 



cept amount of bond is $100,000: Pol. 
Code 1872, Sec. 459; Deering's Code, 
ib.; Kerr's Code, ib. 



CHAPTER 8. 
ATTORNEY GENERAL. 



Section 

142. Duties of Attorney General. 



Section 

143. Official bond. 



Ch. 8. ATTORNEY GENERAL 235 



Duties of Attorney General. 

Sec. 142. It is the duty of the Attorney General: 

1. To attend the Supreme Court and prosecute or defend all 
causes to which the State or any officer thereof, in his official capacity, 
is a party; and all causes to which any county may be a party unless 
the interest of the county is adverse to the State or some officer 
thereof acting in his official capacity. Also to prosecute and defend 
all the above mentioned causes in the United States courts. And in 
all cases where he shall be required to attend upon the United States 
courts, other than those sitting wi+hm this State, he shall be allowed 
his necessary and actual expenses, all claims for which shall be 
audited by the State Board of Examiners. And there is hereby an- 
nually appropriated out of any money in the State Treasury not 
otherwise appropriated, a sufficient sum for the payment of such 
expenses not exceeding the sum of five hundred dollars in any one 
year. 

2. Afte-: judgment m any of the causes referred to in the pre- 
ceding sub-division, Id direct the issu'ng of such proce^r as iiiay be 
necessary to carry the same into execution. 

3. To account for and pay over to the proper officer all moneys 
which mar come into his possession belonging to the Stat'^ or to any 
county. 

4. To keep a docket of all causes in which he is required to 
appear, which must, during business hours, be open to the inspection 
of the public, and must show the county, district, and court in which 
the causes have been instituted and tried, and whether they are civil 
or criminal ; if civil, the nature of the demand, the stage of the pro- 
ceedings, and, when prosecuted to judgment, a memorandum of the 
judgment; of any process issued thereon, and whether satisfied or 
not, and if not satisfied, the return of the sheriff; and if criminal, 
the nature of the crime, the mode of prosecution, the stage of the 
proceedings, and, when prosecuted to sentence, a memorandum of 
the sentence and of the execution thereof, if the same has been ex- 
ecuted, and if not executed, of the reasons of the delay or prevention. 

5. To exercise supervisory powers over prosecuting attorneys 
in all matters pertaining to the duties of their offices, and from time 
to time require of them reports as to the condition of public business 
intrusted to their charge. 

6. To give h'is opinion in writing, without fee, to the Legislature 
or either house thereof, and to the Governor, Secretary of State, 
Treasurer, Auditor, and the Trustees or Commissioners of State Insti- 
tutions, when required, upon any question of law relating to their re- 
spective offices. 

7. When required by the public service, to repair to any county 
in the State and assist the prosecuting attorney thereof in the dis- 
charge of his duties. 

8. To bid upon and purchase, when necessary, in the name of 
the State, and under the direction of the Auditor, any property offered 
for sale under execution issued upon judgments in favor of or for 
the use of the State, and to enter satisfaction in whole or in part 
of such judgments as the consideration for such purchases. 



236 



PUBLIC OFFICERS 



Tit. 2 



9. Whenever the property of a judgment debtor in any judg- 
ment mentioned in the preceding sub-division has been sold under a 
prior judgment, or is subject to any judgment, lien, or incumbrance, 
taking precedence of the judgment in favor of the State, under the 
direction of the Auditor, to redeem such property from such prior 
judgment, lien, or incumbrance; and all sums of money necessary 
for such redemption must, upon the order of the Board of Examiners, 
be paid out of any money appropriated for such purposes. 

10. When in his opinion it may be necessary for the collection 
or enforcement of any judgment hereinbefore mentioned, to institute 
and prosecute, in behalf of the State, such suits or other proceedings 
as he may find necessary to set aside and annul all conveyances fraud- 
ulently made by such judgment debtors; the cost necessary to the 
prosecution must, when allowed by the Board of Examiners, be paid 
out of any appropriations for the prosecution of delinquents. 

11. To discharge the other duties prescribed by law. 

12. To report to the Governor, at the time required by this Code, 
the condition of the affairs of his department, and to accompany 
the same with a copy of his docket, and of the reports received by 
him from prosecuting attorneys. 



Historical: Rev. St. 1887, Sec. 250. 
(See 13 Ter. Ses. (1885) 31, Sec. 3.) 
Subd. 1 amended Laws 1901, 162, Sec. 
1. "Board of Examiners" substituted 
for '*Controller" in subds. 9 and 10 to 
conform to Const. Art. 4, Sec. 18. 

California Legislation: See Pol. 
Code 1872, Sec. 470; Deering's Code, 
ib.; as amended: Kerr's Code, ib. 

Cross Reference: Term of office and 
residence at seat of government: 
Const. Art. 4, Sec. 1. Election: Art. 
4, Sec. 2. Qualifications: Art. 4, Sec. 
3. Is member of Board of Pardons: 
Art. 4, Sec. 7. Also of Board of Prison 
Commissioners: Art. 4, Sec. 18. Also 
of Board of Examiners: Art. 4, Sec. 
18. Also of Board of Equalization: 
Art. 7, Sec. 12. Also of Board of Edu- 
cation: Art. 9, Sec. 2. Also of Board 
of Land Commissioners: Art. 9, Sec. 7. 

Salary: Sec. 274. 

Member of Boards: Of State Board 
of Canvassers: Sec. 45 0; of State 
Board of Equalization: Sec. 1702; of 
State Land Board: Sec. 1558; of Board 
of Prison Commissioners: Sec. 8461; 
of Board of Public Instruction: Sec. 
558; of State Board of Health: Sec. 
108 0; of Board of Trustees of Soldiers* 
Home: Sec. 7 94. Chairman State Li- 
brary Commission: Sec. 672. 

Is ex-officio Judge Advocate General 
of Militia: Sec. 685. 

To bring suit against officers who 
fail to perform any duty required of 
them by the transfer tax law: Sec. 
1896. 

Duties in relation to deposit of State 
funds: Sees. 127, 129, 131, 136. 

To bring suit to cancel State high- 
way leases on direction of State High- 
way Commission: Sec. 1074. 



To represent the State or cause it to 
be represented in proceedings before 
the land office: Sec. 1561. 

To bring suits against persons oc- 
cupying State lands without a lease.- 
Sec. 1578. 

Approval of Bank Commissioner's 
bond: Sec. 191. 

To institute suit for penalties in- 
curred by foreign banks. Sec. 2984. 

To conduct suits brought under the 
banking law: Sec. 3010. 

To give legal advice and conduct 
prosecutions for State Examiner: Sec. 
186. To enforce compliance with the 
instructions of the State Examiner: 
Sec. 176. 

To sue insurance companies for fines 
incurred by non-payment of premium 
tax. Sec. 2867. To bring action to en- 
join fraternal insurance companies 
from doing business: Sec. 2901. 

To advise State Engineer: Sec. 158. 

To render assistance to Labor Com- 
mission: Sees. 1436, 1439. 

To pass on estimates of supplies for 
State Institutions: Sec. 86 5. 

To render assistance to the Dairy, 
Pood and Oil Commissioner and to 
prosecute violations of the dairy, food 
and oil law: Sec. 1121. 

To represent the State Medical 
Board on appeal to the Supreme 
Court: Sec. 1355. 

Appeal to Governor and Attorney 
General from action of State Board of 
Pharmacy in granting or revoking a 
druggist's certificate: Sec. 1393. 

To prosecute mine owners for re- 
fusal to comply with orders of Inspec- 
tor: Sec. 2 5. 

To foreclose school fund mortgages 
under direction of the State Board of 
Land Commissioners: Sec. 1642. 



Ch. 9. 



BOARD OF EXAMINERS 



237 



May employ counsel to conduct 
prosecutions of officials who neglect or 
violate their duty under the revenue 
laws: Sec. 1827. 

May be required to give opinion on 
statement of judge furnished in capi- 
tal case: Sec. 8011. 

Cases in Supreme Court: The attor- 
ney general is the attorney for the 
State on an appeal from a judgment 
of conviction in a criminal case and 



must be served with the transcript and 
appellant's brief. State v. Miles 
(1906) 11 Ida. 784; 83 Pac. 697. 

The attorney general is the attorney 
for a county on an appeal from a 
judgment in a suit in which the coun- 
ty is a party, and must be served as 
such with the transcript and brief of 
appellant. Corker v. Elmore Co. 
(1906) 11 Ida. 787; 84 Pac. 509. 



Official Bond. 

Sec. 143. The Attorney General must execute an official bond in 
the sum of five thousand dollars. 



Historical: Rev. St. 18 87, Sec. 252. 

California Legislation: Same except 
'ten" for "five": Pol. Code 1872, Sec. 



473; Deering's Code, ib.; Kerr's Code, 
ib. 



CHAPTER 9. 
STATE BOARD OF EXAMINERS. 



Section 

144. Organization of Board. 

145. Sessions of Board. 

146. Examinations of claims. 



Section 

14 7. Auditor drawing warrant for 
disapproved claim: Liability. 

148. Board may make rules. 



Organization of Board. 

Sec. 144. The Board of Examiners created by Section 18, of Arti- 
cle 4, of the Constitution, shall be styled the "State Board of Ex- 
aminers." The Governor shall be chairman and the Secretary of 
State shall be secretary of the Board. 



Historical: Laws 1899, 24, Sec. 1; 
re-enacting Laws 1890-91, 45, Sec. 1. 

Cross Reference: Constitution and 



powers of Board: Const. Art. 4, Sec. 
18. 



Sessions of Board. 

Sec. 145. Regular sessions of the Board shall be held on the first 
and third Tuesdays of every month, and special sessions at any time, 
if all the members are present. 



Cited: (Dis. op.) Pyke v. Steunen- 
berg (1897) 5 Ida. 614; 51 Pac. 614. 



Historical: Laws 18 99, 2 4, Sec. 2; 
re-enacting Laws 1890-91, 45, Sec. 2. 

Examination of Claims. 

Sec. 146. It shall be the duty of the Board to examine all claims 
against the State, except salaries and compensation of officers fixed 
by law, and except fixed appropriations for principal and interest 
of the public bonded debt, and except claims against the State already 
presented to the Board and favorably reported by it to the Legis- 
lature for passage. The Board may approve or disapprove any claim 
or demand against the State, or any item thereof, or may recommend 
a less amount in payment of the whole, or any item thereof, and a 
decision of a majority of the members shall stand as the decision of 
the Board. But no claim shall be examined, considered or acted 
upon by said Board, unless an account is filed, giving all the items 
of the claim, duly verified by the oath of the person presenting said 



238 



PUBLIC OFFICERS 



Tit. 2 



claim, or his agent, as to its correctness, and that the amount claimed 
is justly due, and receipted vouchers showing the payment of said 
money be filed with the claim. 



Historical: Laws 1890-91, 45, Sec. 3 
re-enacted Laws 1899, 24, Sec. 3 
amended Laws 1903, 373, Sec. 1 
amended Laws 190 5, 365, Sec. 1. 

Cross Reference: Claims to be ex- 
hibited to Auditor: Sec. 109. Allowed 
claims to be preserved by Auditor: 
Sec. 110. 

Claims to Be Presented: Under a 
territorial staute requiring persons 
having claims against the Territory to 
exhibit the same, with the evidence in 
support thereof, to the controller to be 
audited, settled and allowed, the con- 
troller has discretion in allowing a 
claim and issuing his warrant there- 
for although the same has been cer- 
tified and corrected by another territo- 
rial officer, whose duty it is to exam- 
ine and certify accounts of the control- 
ler when satisfied of their legality. 
Crutcher v. Cram (1871) 1 Ida. 372. 



A claim arising out of a contract 
for the construction of a State wagon 
road which stipulates for final pay- 
ment when the contract is executed to 
the satisfaction of the commissioners 
and Board of Examiners, must be sub- 
mitted for the approval of the Board 
of Examiners before the Auditor can 
be required to issue his warrant there- 
for. Winter v. Ramsey (1895) 4 Ida. 
303; 39 Pac. 193. 

Judicial Review: It is within the 
legitimate authority of the court to 
compel the Board to act upon any 
matter which it is by law required to 
act upon, but the Supreme Court has 
no authority to direct or control how 
such Board shall act. (Sullivan, J., 
dissents.) Pyke v. Steunenberg (1897) 
5 Ida. 614; 51 Pac. 614. 



Auditor Drawing Warrant for Disapproved Claims: Liability. 

Sec. 147. In case the Auditor shall draw a warrant for any claim, 
or part of a claim or item thereof, which is disapproved by the 
Board, he shall be liable upon his official bond for the same if any loss 
shall accrue to the State therefrom. 



Historical: Laws 1899, 2 4, Sec. 4; 
re-enacting Laws 1890-91, 45, Sec. 4. 



Board May Make Rules. 

Sec. 148. The Board may make such rules and regulations for the 
conduct of its business as it may deem desirable, not inconsistent 
with law. 



Historical: Laws 189 9, 24, Sec. 5 
re-enacting Laws 1890-91, 45, Sec. 5. 



Cited: Winters v. Ramsey (1895) 4 
Ida. 303; 39 Pac. 193. 



CHAPTER 10. 
STATE ENGINEER. 



Section 






Sect 


149. 


Appointment and qua 


iifications 


15 5. 




of Engineer. 






15 6. 


15 0. 


Office to be provided. 






15 7. 


151. 


Oath of office. 






158. 


152. 


Bond. 








153. 


Salary and expenses. 






15 9. 


154. 


Duties of Engineer. 






160. 


154a. 


Examination of plans 


for 


dams. 





Inspection- of dams. 
Same. 

Duty to supply information. 
Attorney General to advise En- 
gineer. 

Engineer to make report. 
Additional duties of Engineer. 



Appointment and Qualifications of Engineer. 

Sec. 149. There shall be appointed by the Governor, by and with 
the advice and consent of the Senate, a State Engineer, who shall 
hold his office for the term of four years, and until his successor is 
appointed and qualified. No person shall be appointed as such State 



Ch. 10. STATE ENGINEER 239 



Engineer who is not known to have such theoretical and practical 
qualifications as shall fit him for the position. The Governor may 
remove such State Engineer for cause, and, in case of such removal, 
or in case of death or resignation, appoint a successor. 

Historical: Laws 1899, 2 82, Sec. 1; i omitting the words "as soon as may be 
re-enacting Laws 1895, 215, Sec. 1. after the passage of this act." 

Office to Be Provided. 

Sec. 150. Such State Engineer shall have his office at the State 
Capitol in an office to be provided for him by the Secretary of State. 

Historical: Laws 1899. 282, Sec. 2; 
re-enacting Laws 18 99, 215, Sec. 2. 

Oath of Office. 

Sec. 151. Before entering upon the duties of his office, said State 
Engineer shall take and subscribe an oath before some duly authorized 
officer to faithfully perform the duties of his office, and shall file 
such oath with the Secretary of State. 

Historical: Laws 1899, 2 82, Sec. 3; 
lt-t-nacting Laws 1895, 215, Sec. 3. 

Bond. 

Sec. 152. Before entering upon the duties of his office, said State 
Engineer shall file with the Secretary of State an official bond in 
the penal sum of thirty thousand dollars, with not less than two 
sureties to be approved by the Governor, and conditioned upon the 
faithful discharge of his duties and for delivery to his successor of 
all property belonging to the State then in his possession or control. 

Historical: Laws 1899, 282, Sec. 4; 
re-enacting Laws 1895, 215, Sec. 4. 

Salary and Expenses. 

Sec. 153. Said State Engineer shall receive a salary of two thou- 
sand five hundred dollars per year payable monthly by the State 
Treasurer upon warrants drawn by the State Auditor, together with 
his actual expenses, as shown by an itemized bill, necessarily incurred 
when called away from the State capital in the discharge of his duties, 
in a sum not to exceed one thousand dollars per annum. 

Historical: Laws 18 95, 215, Sec. 5; 
re-enacted Laws 18 99, 282, Sec. 5; 
amended Laws 1907, 311, Sec. 1. 

Duties of Engineer. 

Sec. 154. The State Engineer shall make or cause to be made 
careful measurements of the flow in cubic feet per second of the vari- 
ous streams in the State whose waters are, or are likely to be, appro- 
priated and used, through that part of the season which he may deem 
necessary or expedient, to afford information for irrigating purposes, 
commencing with those streams most used for irrigation. He shall 
collect facts and make surveys to ascertain suitable locations for 
reservoirs upon streams where such reservoirs may be possible and 
beneficial, and shall, as far as possible, determine the cost of con- 
structing such reservoirs, and all other facts possible in regard to 



Vol 1—9 



240 PUBLIC OFFICERS Tit. 2 

quantity of water possible to be stored, the character and extent of 
land that may be reclaimed by the water from such reservoirs, 
together with all other information possible that may bear upon the 
subject. He shall become familiar with the waterways and irriga- 
ble land in the State and the needs of the State as to irrigation 
matters, and all records of any such information shall be the property 
of the State and open to public inspection. He shall keep full and 
complete records of all measurements of streams, surveys, examina- 
tions or other valuable information that may come into his posses- 
sion concerning any of the duties of his office, and shall furnish 
reasonable information in regard to such measurements or surveys 
to the newspapers of the State upon proper request. 

Historical: Laws 1899, 282, Sec. 6; 
re-enacting Laws 1895, 215, Sec. 7. 

Examination of Plans for Dams. 

Sec. 154a. Any person, association or corporation who shall desire 
to construct any dam or dyke, for the purpose of storing or appro- 
priating or diverting any of the waters of this State, when the same 
is to be more than ten feet in height, except as otherwise in this 
chapter provided, shall submit duplicate plans, drawings and speci- 
fications of the proposed work to the State Engineer who shall, as 
speedily as possible and within forty-five days, examine such plans, 
drawings and specifications, and, if he approve them, he shall affix 
his approval thereto, and return one copy of each such plan, drawing 
of specification, with his approval, to the party or parties proposing 
to construct the works. If the State Engineer shall disapprove of 
such plans, drawings or specifications, he shall return the same with 
his written objections thereto and suggestions of changes, to the party 
or parties filing the same: Provided, Where said dam or dyke is, in 
the opinion of said Engineer, not of sufficient importance to have the 
provisions of this section apply to such dam or dyke, then said Engi- 
neer shall have power, upon written application, to suspend the pro- 
visions of this section in regard to such dam or dyke. 

In cases of works of great importance, especially where life or 
property would be endangered by the failure of such works, the 
State Engineer may require excavations to be made to determine the 
character of the foundation, and require a statement of the facts 
in the case to be filed in his office before approving such plans, draw- 
ings or specifications; or he may, if he deems the public interest 
demands, visit the locality of such proposed works before approval of 
said plans, drawings or specifications; and no rights of any kind 
under the laws of this State shall be deemed to be obtained, where 
the prooosed works, as in this section provided, have not been ap- 
proved by the State Engineer. 

Whenever any party or parties feel themselves aggrieved by the 
determination of the State Engineer in refusing to approve any plan 
or specification as mentioned in this section, then such party or 
parties may have an appeal to the courts. 

Historical: Laws 1899, 2 82, Sees. 7, 
8; re-enacting Laws 1895. 215. Sees. 8,9. 



Ch. 10. STATE ENGINEER 241 



Inspection of Dams. 

Sec. 155. The State Engineer shall inspect, or cause to be in- 
spected, as often as he thinks advisable, every dam or embankment 
used for holding water in this State, where the same is more than 
twenty feet in height; and if after any such inspection such dam 
or embankment, in the opinion of the State Engineer, is unsafe, and 
life or property liable to be endangered by reason thereof, he shall 
order the owner or owners to repair the same so as to make it safe. 
If such owner or owners shall neglect or refuse to repair the same 
after a reasonable notice to that effect has been given in writing 
by the State Engineer, the said State Engineer shall report the facts 
in the case to the Judge of the District Court of the district in which 
such dam or embankment is situated, who shall, after hearing such 
facts, if he deem it necessary for the public welfare, order the water 
master of the district in which such dam or embankment is situated, 
if there be one, if not, the sheriff of the county, to draw off such 
water from behind such dam or embankment and to keep said water 
drawn off till such time as the orders of the State Engineer shall 
be complied with : Provided, That when great damage would result 
to those depending upon such dam or reservoir or embankment for 
irrigation if such withdrawal of water were made, and when such 
impending danger to life and property can be prevented at reason- 
able expense without such withdrawal being first made, the State 
Engineer shall make an estimate of the cost of such necessary repair 
and report the same to the District Judge, who shall, if he deem it 
necessary for the public welfare, order the board of county com- 
missioners of the county in which said works are situated to make, 
under the direction of the State Engineer, such repairs as are rec- 
ommended by said Engineer, and to pay for the same by warrants 
drawn on the current expense fund of the county. The county auditor 
and recorder shall immediately present a bill of the amount of such 
expenses to the person or persons owning or controlling such dam 
or embankment, and unless the same is paid within three days from 
the presentation of said bill, or as much as shall not be so naid, shall 
thereafter become a lien upon the said dam or reservoir embankment, 
and other irrigation works appurtenant thereto, which amount shall 
be added to the taxes against such pronerty and shall be collected 
in the manner provided by law for the collection of other taxes. 

Historical: Laws 18 95, 215, Sec. 10: 
nacted Laws 1899, 282, Sec. 9; 
amended Laws 1991, 191, Sec. 5. 

Same. 

Sec. 156. If any person or persons shall report in writing to the 
State Engineer that any dam or embankment, used for holding water, 
is unsafe and endangering life or property, then it shall be the duty 
of said State Engineer to inspect, or cause to be inspected, such dam 
or embankment as soon as possible, and, if he considers it unsafe, 
to proceed as provided in the preceding section. 

Historical: Laws 1899, 2 82, Sec. 10, 
re-enacting Laws 1895, 215, Sec. 11. J 



242 



PUBLIC OFFICERS 



Tit. 2 



Duty to Supply Information. 

Sec. 157. The State Engineer shall, free of charge, give any in- 
formation desired by any person as to the proper method of measur- 
ing water, or of constructing an apparatus for such measurement, 
upon proper application being made; and shall give special instruc- 
tions to all water masters as to measurement of water so as to secure 
a just distribution of the same. 

Historical: Laws 1899, 282, Sec. 11; 
re-enacting- Laws 1895, 215, Sec. 12. ♦ 

Attorney General to Advise Engineer. 

Sec. 158. The State Engineer may require, and shall receive, from 
the Attorney General of the State, advice upon any question of public 
interest arising in the performance of his duties under this chapter, 
Which advice shall be in writing when so desired by said Engineer. 

Historical: Laws 1899, 282, Sec. 12; 
re-enacting Laws 1895, 215, Sec. 13. 

Engineer to Make Report. 

Sec. 159. The State Engineer shall make and render to the Gov- 
ernor, biennially, or oftener, if required, full and true reports of his 
work performed by virtue of his office, which reports shall contain 
any recommendations he may have to make in reference to legislation 
affecting his office, or in reference to matters of interest in regard 
to irrigation that his experience and information may cause him 
to make. 



Historical: Laws 1899, 282, Sec. 13; 
re-enacting Laws 1895, 215, Sec. 14. 



Cross Reference: Reports of offi- 
cers: Sec. 2 7 9. 



Additional Duties of Engineer. 

Sec. 160. In addition to the duties prescribed in this chapter, the 
State Engineer shall perform such other professional duties as may 
be required of him by the Governor, and shall give advice on any 
matters of a professional nature, when called upon by the Governor 
to do so ; and shall prepare all maps required for the use of the Board 
of Land Commissioners. 



Historical: Laws 18 9 9, 2 82, Sec. 14; 
re-enacting Laws 1895, 215, Sec. 15. 

Cross Reference: Member of State 
Highway Commission: Sec. 61; of 
State Board of Health: Sec. 1080; 
president of Board of Irrigation: Sec. 
3273; is chairman of Board of Exam- 
ining Surveyors: Sec. 1401. 

To inspect measuring devices and to 
furnish instructions as to their use: 
Sec. 32 86. To furnish plans for meas- 
uring devices: Sec. 3282. To devise 
system for measurement and distri- 
bution of water: Sec. 32 41. 

To report on proposed construction 
work of irrigation district: Sec. 2 3 96. 

Plans of reservoir dams and em- 
bankments to be filed in Engineer's 
office: Sec. 1635. Examinations of 
plans for dams and dykes: Sec. 3256. 

To examine plan and report on pro- 
posed irrigation district: Sec. 2374. 



Examination of diversion works pre- 
paratory to issuing license: Sec. 3261. 
Issuance of license: Sec. 3262. Exam- 
ination, report and issuance of certifi- 
cate on completion of diversion works. 
Sees. 3258, 3259. 

Arbitration of disputes between 
ditch owners and water users as to de- 
livery of water: Sec. 3288. 

Considerations involved in the issu- 
ance of licenses: Sec. 3266. 

Issuance of certificate of transfer of 
water: Sec. 3265. 

Filing reports of water masters: Sec. 
3276. 

Supervision of water commissioners: 
Sec. 3270. 

Piling fee with application for per- 
mit for appropriation of water: Sec. 
3253. 

Duties with respect to Carey Act 
land: Sees. 1615-1627. 



Ch. 11. Art. 1. 



INSURANCE COMMISSIONER 



243 



Cancellation of appropriation per- 
mits pursuant to contest: Sec. 3257. 

Issuance of amended permits for ap- 
propriation of water: Sec. 3255. 

Issuance of permits for appropria- 
tion of water: Sec. 3254. 

Record of applications for appropri- 
ation permits: Sec. 3253. 

To report on advisability of consoli- 
dating irrigating- districts: Sec. 2438. 

To give advice to directors of irri- 
gation districts: Sec. 2393. 



To make examination respecting 
State lands included within irrigation 
districts: Sec. 2439. 

Examination of and mapping the 
streams of the State: Sec. 3267. 

Fees for issuing certificates, examin- 
ing ditches and making copies of pa- 
pers: Sec. 3264. For issuing certifi- 
cate of transfer: Sec. 3265. 



CHAPTER 11. 
INSURANCE COMMISSIONER AND EXAMINER. 



Article 

1. Duties as Commissioner. 


Article 

2. Duties as Examiner 


ARTICLE 1. 




DUTIES AS COMMISSIONER. 


Section 

161. Appointment and qualifications. 

162. Office. 

163. Oath. 

164. Bond. 

165. Seal. 


Section 

166. Disqualifications. 

167. Salary. 

168. General duties. 

169. Reports. 



Appointment and Qualifications. 

Sec. 161. There shall be appointed by the Governor, by and with 
the advice and consent of the Senate, an Insurance Commissioner, 
who shall hold his office for two years and until his successor is 
appointed and qualified. No person shall be appointed as such Com- 
missioner who is not a citizen of the State and who is not experienced 
in matters of insurance. The Governor may remove such Commis- 
sioner for cause, and in case of such removal, or in case of death 
or resignation, appoint a successor. 



Historical: Laws 1901, 165, Sec. 1, 
omitting the opening words "as soon 



as may be after the passage of this 
act." 



Office. 

Sec. 162. The Insurance Commissioner shall have his office at the 
State Capitol in an office provided for him by the Secretary of State. 

Historical: Laws 1901, 165, Sec. 2. 

Oath. 

Sec. 163. Before entering upon the duties of his office said Com- 
missioner shall take and subscribe an oath, before some duly au- 
thorized officer, to faithfully perform the duties of his office, and 
shall file such oath with the Secretary of State. 

Historical: Laws 1901, 165, Sec. 3. 

Bond. 

Sec. 164. Before entering upon the duties of his office said Com- 



244 



PUBLIC OFFICERS 



Tit. 2 



missioner shall file with the Secretary of State an official bond in 
the penal sum of ten thousand dollars, by a fidelity or guaranty com- 
pany, or a bond With not less than four responsible sureties, to be 
approved by the Governor, and conditioned upon the faithful dis- 
charge of his duties, and for the delivery to his successor of all 
property belonging to the State then in his possession or control. 

Historical: Laws 1901, 165, Sec. 4. 

Seal. 

Sec. 165. Said Commissioner shall have a seal of office of suitable 
design copied from the great seal of the State. 

Historical: Laws 1901, 165, Sec. 5. 

Disqualifications. 

Sec. 166. No person who is director, officer or agent of, or directly 
or indirectly interested in, any insurance company, except as insured, 
shall be such Commissioner. 

Historical: Laws 1901, 16 5, Sec. 6. 

Salary. 

Sec. 167. Said Insurance Commissioner shall receive a salary of 
twenty-four hundred dollars per year, payable quarterly by the State 
Treasurer out of the general fund upon warrants drawn by the State 
Auditor. Said Insurance Commissioner shall also be allowed not to 
exceed eighteen hundred dollars per annum, payable in the same 
manner as his own salary, for a deputy commissioner. Said In- 
surance Commissioner shall also be allowed not to exceed sixteen 
hundred and forty-five dollars per annum for additional clerk hire 
and office expenses. 

Historical: Laws 1901, 16 5, Sec. 7; 
amended Laws 1905, 255, Sec. 1; 
amended Laws 1907, 557, Sec. 1. 

General Duties. 

Sec. 168. The Insurance Commissioner shall be charged with the 
execution of the laws relating to insurance and insurance companies 
doing business in this State, and he shall do and perform such other 
duties as may be required of him by law. 



Historical: Laws 19 01, 16 5, Sec. 8. 

Cross Reference: The Insurance law, 
and the duties of the Commissioner 
with reference thereto, is found in the 



Civil Code, Title 4, Chs. 7-10, Sees. 
2855-2937. Duties with respect to 
surety companies: Sees. 2938-2944. 



Reports. 

Sec. 169. It shall be the duty of the Commissioner to make such 
reports of the business of his office and the information therein col- 
lected and preserved as the Governor may require, and all such re- 
ports shall be, by the Governor, laid before the Legislature at its 
next session after they shall have been made and printed. 



Historical: Laws 1901, 165, Sec. 9. 
Cross Reference: Reports to be de- 



livered to Secretary of State on or be- 
fore December 1st: Sec. 279. 



Ch. 11. Art. 2. 



EXAMINER 



245 



ARTICLE 2. 
DUTIES AS EXAMINER. 



Section 

170. Insurance Commissioner is 
State Examiner. 

Inventory of State Property. 
Supervision of accounts. 
Report as to bondsmen. 
Examination of State and coun- 
ty offices. 

Inspection of securities held by 
county officers. 
Report of official neglect. 
Report to Governor: Suspension 
of delinquent official. 

178. Officers to assist Examiner. 

179. Examination of accounts. 



171. 
172. 
173. 
174. 

175. 

176. 
177. 



a 



Section 

180 Refusal to make returns 

felony. 

181 Rendering- false statements is 

perjury. 

182. Obstruction of Examiner a 
felony. 

183. Examiner may issue subpoenas: 
Refusal to furnish information. 

184. Annual report of Examiner. 

185. Examiner to receive no fee. 

186. Duty of Attorney General and 
prosecuting - attorneys. 

187. Default of State Treasurer. 

188. Default of county treasurer. 



Note: This article follows in a general way the North Dakota law, but 
not closely enough to admit of literal comparison. See Rev. Codes, North 
Dakota, 1899, Sees. 136 et seq. 

Insurance Commissioner Is State Examiner. 

Sec. 170. The State Insurance Commissioner is hereby consti- 
tuted, ex-officio, State Examiner. As such he shall give bond to the 
State of Idaho, to be approved by the Governor and filed with the 
Secretary of State, in the sum of ten thousand dollars. He shall 
be allowed no salary as such Examiner, but shall be allowed his actual 
expenses, to be audited by the State Board of Examiners and paid as 
other salaries and expenses of other State officers are paid. 

Historical: Laws 1905, 386, Sec. 1. 

Inventory of State Property. 

Sec. 171. It is hereby made the duty of the State Examiner to 
keep an exact and true inventory of all chattel property belonging 
to the State, which inventory shall be recorded in a permanent record 
to be kept for that purpose, showing a description of the property, 
condition, for what used, where located and its cost, and said in- 
ventory shall annually be revised on the 31st day of December. 

Historical: Laws 1905, 386, Sec. 2. 

Supervision of Accounts. 

Sec. 172. He shall order and enforce a correct, and, as far as 
practicable, uniform system of bookkeeping by State and county 
officers, so as to afford a suitable check on their mutual action, and 
insure the safety and a thorough supervision of the funds of the 
State and of the counties therein. He shall have full power to expose 
false or erroneous systems of accounting, and when necessary shall 
instruct State and county officers in the proper mode of keeping such 
accounts. 

Historical: Laws 1905, 386, Sec. 3. 

Report as to Bondsmen. 

Sec. 173. He shall ascertain the character and financial standing 
of all present and proposed bondsmen of State and county officers. 



246 PUBLIC OFFICERS Tit. 2 

He shall, in the case of county officers, report to the board of county 
commissioners, and to the Governor, and in case of State officers, 
he shall report to the Governor, the knowledge so obtained. 

Historical: Laws 1905, 386, Sec. 4. 

Examination of State and County Officers. 

Sec. 174. He shall require of treasurers of counties, from time 
to time, as often as he shall deem necessary, a verified and complete 
statement of their accounts. He shall personally, without notice to 
the officers and at irregular intervals, visit State officers at least 
twice in each year, and county officers at least once in each year, 
and at such time shall make a thorough examination of the books, 
accounts and vouchers of said officers. He shall ascertain in detail 
the various items of receipts and expenditures, and submit a report 
to the proper authority thereof. 

Historical: Laws 1905, 386, Sec. 5. 

Inspection of Securities Held by County Officers. 

Sec. 175. He shall inspect and verify the character and amount 
of any and all assets and securities held by county officers on public 
account. He shall ascertain the character and amount of any com- 
mission, fee or other charges for services exacted by such officers 
without warrant of law. 

Historical: Laws 190 5, 386, Sec. 6. 

Report of Official Neglect. 

Sec. 176. He shall report to the Attorney General or prosecuting 
attorney, the refusal or neglect of county officers to obey his instruc- 
tions. The Attorney General, in case of State officers, and the prose- 
cuting attorney, in case of county or municipal officers, shall promptly 
take action to enforce a compliance with such instructions of the 
State Examiner. 

Historical: Laws 190 5, 386, Sec. 7. 
Report to Governor: Suspension of Delinquent Official. 

Sec. 177. He shall report to the Governor the result of his ex- 
amination, as well as any failure of duty of any public official, as 
often as he thinks it may be required by public interest. The Gov- 
ernor may cause the result of any examination, made by the State 
Examiner, to be made public, or, at his discretion, may take such 
action for the public security as the exigency may demand. He may, 
if he deem the public interest to require it, suspend any officer from 
further performance of duty until the examination be had, or such 
security be obtained as may be demanded for the prompt protection 
of public funds. 

Historical: Laws 1905, 386, Sec. 8. 

Officers to Assist Examiner. 

Sec. 178. To enable the State Examiner to properly perform the 
services herein required of him, the county commissioners and officers 
of the several counties, and State Treasurer and Auditor, and all 



Ch. 11. Art. 2. examiner 247 



other county and State officers, shall afford all reasonable and needed 
facilities to the State Examiner. All officers and employes of the 
counties, herein referred to, shall make returns and exhibits to the 
State Examiner, under oath, in such form, and at such time or times, 
as he shall prescribe. 

Historical: Laws 1905, 3 86, Sec. 9. 

Examination of Accounts. 

Sec. 179. He may examine any of the books, papers, accounts, 
bills, vouchers or other documents or property of any or all of the 
county and state officers, and custodians of county and State funds. 
He may examine, under oath, county and State officers, and the 
custodians of county and State funds aforesaid. 

Historical: Laws 19 05, 3 86, Sec. 10. 

Refusal to Make Returns a Felony. 

Sec. 180. Each and every person required herein to make returns 
and exhibits to the State Examiner, who shall refuse or neglect to 
make such returns or exhibits, or who shall refuse to give such 
information required by the State Examiner, shall be guilty of felony, 
and shall be punished by a fine not exceeding five thousand dollars, 
or imprisonment in the Penitentiary not more than five years, or both. 

Historical: Laws 19 05, 386, Sec. 11. 

Rendering False Statements Is Perjury. 

Sec. 181. Any person making any exhibit, or giving information, 
as herein required, or making any statement under this article, on 
oath, who shall knowingly swear falsely concerning the same, shall 
be guilty of perjury, and shall be punished in the manner prescribed 
by law for the punishment of perjury. 

Historical: Laws 1905, 386, Sec. 12. 
Cross Reference: Punishment for 
perjury: Sec. 6486. 

Obstruction of Examiner a Felony. 

Sec. 182. Any person who shall wilfully obstruct or mislead the 
State Examiner in the execution of his duties as by this chapter 
prescribed, shall be guilty of felony, and upon conviction thereof, 
shall be punished by a fine of not more than five thousand dollars, 
or imprisonment in the Penitentiary not more than five years, or 
both. 

Historical: Laws 1905, 386, Sec. 13. 

Examiner May Issue Subpoenas: Refusal to Furnish Information. 

Sec. 133. The State Examiner may issue subpoenas and ad- 
minister oaths, in the same manner, with the same power to enforce 
obedience thereof in the performance of his said duties, as belongs 
and pertains to courts of law in this State. Any person refusing 
access to the State Examiner to any such books or papers, or officer, 
agent, clerk, employee or other person aforesaid, or who shall obstruct 
such access, or who shall refuse to furnish any required information, 



248 PUBLIC OFFICERS Tit. 2 

or who shall in any manner hinder the thorough examination re- 
quired by this article, of the officers or of the books, accounts, papers 
and finances pertaining to the county and State officers aforesaid, 
shall be guilty of a felony, and upon conviction thereof, shall be 
punished by a fine not exceeding one thousand dollars, or imprison- 
ment in the State Penitentiary for a period not exceeding one year, 
or both. 

Historical: Laws 1905, 386, Sec. 14. 

Annual Eeport of Examiner. 

Sec. 184. The State Examiner shall make an annual written re- 
port to the Governor of his various official proceedings. He shall 
embody therein an abstract of the condition and statistics of the 
several county and State finances as ascertained by him. The re- 
ports hereinbefore required to be made to the Governor shall be 
printed when ordered by the Legislature. 

Historical: Laws 1905, 386, Sec. 15. 
Cross Reference: Reports of officers: 
Sec. 279. 

Examiner to Receive No Fee. 

Sec. 185. If the State Examiner shall, directly or indirectly, bar- 
gain for or receive any fee, compensation or reward, other than is 
provided by this article, for the doing or refraining to do his duty, 
as required by this article, he shall be guilty of a felony, and upon 
conviction thereof, shall be fined not exceeding five thousand dollars, 
or imprisonment in the State Penitentiary not more than five years, 
or both. 

Historical: Laws 1905, 386, Sec. 16. 

Duty of Attorney General and Prosecuting Attorneys. 

Sec. 186. The Attorney General, or prosecuting attorney, shall 
when called upon by the State Examiner, aid him in any investiga- 
tion or matter; giving legal advice, and shall supervise the prosecu- 
tion of all offenders under the provisions of this article. 

Historical: Laws 1905, 386, Sec. 17. 

Default of State Treasurer. 

Sec. 187. If, at any time, upon an examination being made by the 
State Examiner of the books and accounts of the State Treasurer, 
and the funds under his control, it shall be found that said State 
Treasurer is a defaulter, it shall be the duty of the State Examiner 
to at once report such fact to the Governor, who shall have authority 
upon receiving such report to at once suspend the Treasurer, and to 
appoint a Treasurer temporarily, and to continue such suspension 
until such defalcation shall have been made good : Provided, however, 
That in case it shall appear to the satisfaction of the Governor that 
such defalcation cannot be made good by the State Treasurer, he 
shall have authority to declare said office vacant, and fill the same by 
appointment as in cases of other vacancies. 

Historical: Laws 1905, 386, Sec. 18. 



Ch. 12. 



BANK COMMISSIONER 



249 



Default of County Treasurer. 

Sec. 188. If, at any time, the State Examiner, upon an examina- 
tion of the books and accounts of any treasurer of any county, and 
the funds under the control, or in the custody of, such treasurer, as 
authorized by law, shall find that any such treasurer is a defaulter, 
he shall at once report such defalcation or inability of such treasurer 
to the board of county commissioners of the county interested, which 
board of county commissioners shall, upon receiving such notice, from 
the Examiner, have authority to suspend such treasurer, and to ap- 
point a treasurer temporarily, and to continue such suspension until 
such defalcation shall have been made good: Provided, however, 
That such board of county commissioners shall have power, in case 
it shall appear to their satisfaction that such defalcation cannot be 
made good, to declare said office vacant, and to fill the same by 
appointment as required by law in case of vacancies arising in any 
such office. 

Historical: Laws 1905, 386, Sec. 19. 



CHAPTER 12. 
BANK COMMISSIONER. 



Section 

189. Appointment and qualifications: 
Vacancy. 

190. Clerical assistance. 

191. Bond and oath. 



Section 

192. Salary. 

193. Seal of Commissioner. 

194. Duties of Commissioner. 



Appointment and Qualifications: Vacancy. 

Sec. 189. The Governor shall appoint, by and with the advice and 
consent of the Senate, a Bank Commissioner for the State of Idaho, 
whose term of office shall be four years, unless sooner removed for 
cause, and until his successor is appointed and qualified. No person 
shall be appointed to such office who shall not have had at least five 
years' practical experience in the banking business, or shall have 
served for a like period in the banking department of this or some 
other State ; nor shall an officer or employee of any bank in the State 
of Idaho, or person interested as owner or stockholder thereof, be 
eligible for such office. If a vacancy shall occur in the office of Bank 
Commissioner by death, resignation or otherwise, the same shall be 
filled by appointment of the Governor, and such appointee, or any 
person aopointed to such position when the Legislature is not in 
session, shall hold office until the first day of the next ensuing session 
of the Legislature. 



Historical: 
1, 2. 



Laws 1905, 175, Sees. 



Clerical Assistance. 

Sec. 190. Every Bank Commissioner, with the approval of the 
State Board of Examiners, shall have the right to employ such cleri- 
cal assistance as shall be required in the conduct of his office. 

Historical: Laws 1905, 175, Sec. 3. 



250 



PUBLIC OFFICERS 



Tit. 2 



Bond and Oath. 

Sec. 191. The Bank Commissioner shall, before entering upon the 
duties of his office, take and subscribe an oath to faithfully discharge 
the duties of such office, and shall execute to the State of Idaho a 
bond in the sum of fifty thousand dollars, in some surety company 
authorized to do business in this State, conditioned that he will faith- 
fully and impartially discharge the duties of his office, and pay over 
to the persons entitled by law to receive it all money coming into his 
hands by virtue of his office, and conditioned further for the payment 
of any and all damages and costs that may be adjudged against him 
under the provisions of this chapter and Chapter 13, of Title 4, of 
the Civil Code, the cost of which bond shall be a charge against the 
State, to be audited and allowed as other claims, and which bond 
shall be approved by the Attorney General. 



Historical: Laws 1905, 175, Sec. 4. 
"This chapter and Chapter 13 of Title 
4 of the Civil Code" inserted for "this 



act." The chapter of the Civil Code 
referred to is the one relating to bank- 
ing corporations (Sees. 2968-3010). 



Salary. 

Sec. 192. The Bank Commissioner shall receive a salary of two 
thousand four hundred dollars a year, together with his actual travel- 
ing expenses while engaged in bank examination, to be audited and 
allowed as other claims against the State, which examination must 
be conducted personally by the Bank Commissioner. 

Historical: Laws 1905, 175, Sec. 4. 

Seal of Commissioner. 

Sec. 193. The Bank Commissioner, with the approval of the Gov- 
ernor, shall devise a seal with suitable inscription for his office, a 
description of which, with a certificate of approval by the Governor, 
shall be filed in the office of the Secretary of State, with an impression 
thereof, which shall thereupon be and become the seal of office of the 
Bank Commissioner. Every certificate, assignment and conveyance, 
executed by said Bank Commissioner in pursuance of the authority 
conferred upon him by law and sealed with the seal of office, shall 
be received as evidence and recorded in the proper recording offices, 
in the same manner and with like effect as a deed regularly acknowl- 
edged as required by law ; and all copies of papers in the office of said 
Commissioner, certified by him and authenticated by his seal, shall 
be received in evidence equally and in like manner as the originals. 

Historical: Laws 1905, 175, Sec. 6. 

Duties of Commissioner. 

Sec. 194. The duties of the Commissioner are those prescribed by 
Chapter 13, of Title 4, of the Civil Code. 



Historical: New section by Commis- 
sioner. The preceding sections are 
taken from the same act as the chap- 
ter of the Civil Code above referred to, 
and relate only to the creation of the 
office of the Bank Commissioner. It 
was thought best to leave the sections 



prescribing his duties with the bank- 
ing law, which it is his province to 
enforce. 

Cross Reference: The chapter above 
referred to is found in Sees. 2968- 
3010 of the Civil Code. 



Ch. 13. 



FISH AND GAME WARDEN 



251 



CHAPTER 13. 
FISH AND GAME WARDEN. 



Section 

198. Extermination of wild animals. 



Section 

195. Appointment, bond and duties. 

196. Deputies and assistants. 
19 7. Salaries of Warden, deputies and 

assistants. 

Appointment, Bond and Duties. 

Sec. 195. The Governor shall appoint a suitable person to serve 
as State Fish and Game Warden, whose duty it shall be to protect 
the fish and game of this state, and to enforce the laws relating there- 
to. The State Fish and Game Warden shall hold his office for 
the term of two years or until his successor is appointed and qualified. 
Before entering upon his duties, the State Fish and Game Warden 
shall execute a bond to the State of Idaho, in the penal sum of five 
thousand dollars, conditioned for the faithful performance of his 
duties, and his bond shall be approved by the Governor. The Gover- 
nor shall have power, at any time, to remove the State Fish and 
Game Warden, at pleasure, for misconduct or neglect of his duties, 
and the Governor shall be the exclusive judge of misconduct or neglect 
of duties and shall, upon removal, appoint a successor. 

The State Game Warden is hereby authorized to arrest, 
without warrant, any person or persons found violating any of the 
provisions of the fish and game laws, when detected in the act, or 
found with fish or game in their possession, at the time of their 
arrest. The State Fish and Game Warden shall be an active ex- 
ecutive officer, and shall at all times take the field in person in the 
performance of his duties, when possible. He shall personally super- 
vise the protection of all game and fish protected by the Penal Code, 
and be energetic in the detection and punishment of the violators of 
the fish and game laws. He shall make quarterly report to the Gov- 
ernor of his doings, beginning with the first day of April, and shall 
keep the Governor informed of his whereabouts. He shall make a 
biennial report to the Governor and Legislature of the doings and 
conditions of his office, which report shall be made during the first 
week of the regular session of the Legislature. 

It shall be lawful for the State Fish and Game Warden, or any 
person appointed by him in writing so to do, to take fish and game 
of any kind, dead or alive, or in any manner, under the direction 
of the State Fish and Game Warden, for the purpose of inspection, 
cultivation, propagation, distribution, scientific or other purposes, 
deemed by him to be in the interest of the fish and game industry 
of the State. He shall make a detailed report of his official transac- 
tions, including the number and kinds of fish distributed, and the 
locality and names of streams, ponds or lakes where the same have 
been placed, and submit such report to the Legislature during the 
first w r eek of its ensuing regular session. 

Historical: Laws 1905, 258, Sec. 1; laws are found in the Penal Code, 

amended Laws 1907, 112, Sec. 1. Sees. 7180-7203. Warden to erect and 

Cross Reference: The fish and game maintain a fish hatchery: Sec. 857. 



252 PUBLIC OFFICERS Tit. 2 

Deputies and Assistants. 

Sec. 196. The State Fish and Game Warden shall have power to 
appoint such deputies as are necessary in the various counties of 
this State to properly enforce the laws; and he is hereby authorized 
to appoint one chief deputy and two assistants, and one or more 
deputies, as the emergency may demand, in any county of this State, 
whenever he shall receive from such county a petition signed by ten 
or more resident tax payers, asking for the appointment of such 
deputy game warden. Such chief deputy and assistants shall each 
execute a bond to the State of Idaho in the penal sum of three thou- 
sand dollars, conditioned for the faithful performance of their duties, 
and such other deputy wardens shall execute a bond to the State of 
Idaho in the penal sum of five hundred dollars, conditioned for the 
faithful performance of their duties, and they shall have the same 
power to make arrests as the State Fish and Game Warden. Their 
commissions may be revoked at any time by the State Fish and Game 
Warden. The State Fish and Game Warden shall file with the Gov- 
ernor a list of all deputy game wardens appointed by him. He shall 
have further power to appoint one clerk, who shall have charge of 
the office and perform the clerical duties thereof. Such clerk shall 
execute a bond to the State of Idaho in the penal sum of three thou- 
sand dollars, conditioned for the faithful performance of his duties. 

Historical: Laws 1905, 258, Sec. 2; 
amended Laws 1907, 112, Sec. 2. 

Salaries of Warden, Deputies and Assistants. 

Sec. 197. The State Fish and Game Warden shall receive as full 
compensation for salary the sum of eighteen hundred dollars per 
annum, and one thousand dollars per annum for traveling expenses. 
The chief deputy shall receive as compensation twelve hundred dollars 
per annum and shall be allowed actual and necessary traveling ex- 
penses not to exceed six hundred dollars per annum. Each assistant 
shall receive one thousand dollars per annum, and actual and neces- 
sary traveling expenses not to exceed six hundred dollars. The clerk 
to the State Fish and Game Warden shall receive a salary of one 
thousand dollars per annum as full compensation for his services. 
The State Fish and Game Warden, chief deputy and two assistants 
and the clerk shall be paid monthly on the first of each month out 
of the public treasury. And the chief deputy, two assistants and the 
clerk shall be paid upon their sworn statements, which accounts 
shall be approved by the State Game Warden. All other deputy 
wardens shall each receive as compensation the sum of three dollars 
per day for each day actually employed, but shall not be entitled 
to receive any traveling or other expenses, except when sent out 
of his district, and such expenses shall be subject to approval by 
the State Game Warden, and shall not receive pay for more than 
one hundred and fifty days in one year; such compensation to be 
paid out of the public treasury upon the sworn account of the deputy, 
which account shall be approved by the State Fish and Game Warden, 
and forwarded to the State Auditor: Provided, That as soon as 
sufficient funds are accumulated in the State fish and game fund in 



Ch, 14. INSPECTOR OF MINES 253 

the hands of the State Treasurer, the salary of the State Game 
Warden, and the salaries of the deputy wardens and clerk shall be 
paid out of that fund. 

Historical: Laws 1905, 2 5 8, Sec. 23; 
amended Laws 1907, 112, Sec. 13. 

Extermination of Wild Animals. 

Sec. 198. It is hereby made the duty of the State Game Warden 
to devise and put into operation such methods and means as will 
best secure and attain the extermination of wolves, coyotes, wildcats, 
cougars and such other wild animals as are in the habit of preying 
upon such game animals, birds and fowls as are protected by the 
game laws of this State. The State Game Warden shall keep an 
accurate account of all animals destroyed under the provisions of 
thus section, and make report thereof at the same time and manner 
as in the case of his other official acts, and shall, where practicable, 
skin and preserve and dispose of all hides and furs of value, the 
proceeds of which shall be accounted for, and paid into the State 
Treasury an J credited to the fish and game fund. 

Historical: Laws 1907, 301, Sees. of Section 1. Existing appropriations 

1, 2, omitting the appropriation clause are saved by Section 17 of these Codes. 

CHAPTER 14. 
INSPECTOR OF MINES. 



Section 

2 05 Neglect of mine owner: Duty of 
Attorney General. 

206. Appointment of deputies. 

207. Duty of Inspector in case of ac- 
cidents. 

208. Duties of Deputies. 

209. Report of Inspector. 



Section 

199. Election, term of office and sal- 
ary. 

200. Disqualifications: Oath of In- 
spector. 

201. Duties in general. 
:''!'. Examination of mines. 

203. Office: Records: Reports to In- 
spector. 

204. Complaints to Inspector: Duties 
of Inspector. 

Note: This Chapter follows in a general way the Montana law. See 
Montana Codes, 1895, Pol. Code, Sees. 580-590. 

Election, Term of Office and Salary. 

Sec. 199. The office of Inspector of Mines for the State of Idaho 
is hereby created, the same to be filled biennially at the general 
election by the qualified electors of the State as other offices. The 
Inspector of Mines shall hold his office for the term of two years and 
until his successor is elected and qualified. Before entering upon 
the discharge of his duties as such Inspector of Mines, he shall file 
an official bond in the sum of five thousand dollars, conditioned for 
the faithful performance of the duties of his office, in form and 
manner as other official bonds of State officers. The Inspector of 
Mines shall receive as full compensation for his services a salary 
of twenty-four hundred dollars per annum and his actual and neces- 
sary traveling expenses when traveling in the discharge of his official 
duties, not to exceed eighteen hundred dollars per annum, and all 
necessary expenses for clerk hire, postage, stationery, printing, the 



254 



PUBLIC OFFICERS 



Tit. 2 



compensation of deputies and other office expenses, not to exceed 
twelve hundred dollars per annum; and such compensation and ex- 
penses shall be paid as the salary and expenses of other State officers 
are paid. 



Historical: Laws 18 99, 2 21, Sees. 1, 
2, 13; re-enacting Laws 1895, 160, 
Sees. 1, 2, 13. Sec. 2 was amended by 
an act of the 9th session of the State 
Legislature (H. B. No. 230) which, 
through some oversight, is omitted 
from the 1907 Session Laws. The lan- 
guage of the foregoing section follows 



the amendatory act. The three sec- 
tions are re-written in combination, 
the order of phraseology being slightly 
changed. 

Cross Reference: Member State 
Highway Commission: Sec. 1061. Sal- 
ary: Sec. 274. 



Disqualifications: Oath of Inspector. 

Sec. 200. The Inspector of Mines shall not, at the time of his ap- 
pointment or any time during his term of office, be an officer, director, 
or employee in or of any mining corporation in this State, or in 
or of any milling corporation in the State engaged in the business 
of smelting or reducing ores. Such Inspector shall devote his whole 
time to the duties of his office and snail take and subscribe to the 
following oath: 
State of Idaho, County of — ss, 

I, of County, do solemnly swear that I will perform 

each and every duty required of me as Inspector of Mines for the 
State of Idaho; that I will, at all times while acting in my official 
capacity, fulfill the duties of such office according to law, and to the 
best of my skill and understanding; that I will never at any time 
while holding the office of Inspector of Mines disci ose to any one 
directly or indirectly, under any circumstances, any information rela- 
tive to ore bodies, chutes, or deposits of ore, or the location, course 
or character of underground workings, or give my opinion founded 
on any examination made in the performance of my official duties 
relative to the value of any mine or mining property, unless by per- 
mission of the person or persons in charge of the same; to all of 
Which I pledge my sacred honor. So help me God. 

Nothing in said oath, however, shall be construed to prevent such 
Mining Inspector from making full and complete statistical reports 
as required by law. 

Historical: Laws 18 99, 221, Sec. 3; 
re-enacting Laws 18 93, 15 2, Sec. 2; 
amended Laws 1895, 160, Sec. 2. 

Duties in General. 

Sec. 201. It shall be the duty of the Inspector of Mines, at least 
once each year, to visit in person each mining county in the State 
of Idaho and examine all such mines therein as, in his judgment, 
may require examination for the purpose of determining the con- 
dition of such mines as to safety, and to collect information and 
statistics relative to mines and mining and the mineral resources 
of the State, and to collect, arrange and classify mineral and geological 
specimens found in this State and to forward the same to the State 
School of Mines. 

Historical: Laws 1899, 221, Sec. 4; 
re-enacting Laws 1893, 152, Sec. 4; 
amended Laws 1895, 160, Sec. 3. 



Ch. 14. INSPECTOR OF MINES 255 



Examination of Mines. 

Sec. 202. Said Inspector shall have full power and authority, at 
all reasonable hours, to enter and examine any and all mines in this 
State, and shall have the right to enter into any and all mine stopes, 
levels, winzes, tunnels, shafts, drifts, cross-cuts, workings and ma- 
chinery, for the purpose of such examination; and the owner, lessor, 
lessee, agent, manager, or other person in charge of such mine or 
mines, shall render the Inspector such assistance as may be required 
by the Inspector to enable him to make a full, thorough and com- 
plete examination of each and every part of such mine or mines, and 
whenever, as the result of the examination of any mine (whether 
such examination is made in consequence of a complaint, as herein- 
after provided, or otherwise) the Inspector shall find the same to be 
in an unsafe condition, he shall at once serve, or cause to be served, 
a written notice upon the owner, lessor, lessee, agent, manager or 
other person in charge of such mine, stating in detail in what par- 
ticular or particulars the mine is dangerous or insecure, and shall 
require all necessary changes to be made, without delay, for the 
purpose of making said mine safe for the employees therein. Upon 
the neglect or refusal of any owner, lessor, lessee, agent, manager 
or other person in charge, so notified to comply with the requirements 
stated in such notice so served, such owner, lessor, lessee, agent, 
manager or other person in charge, of such mine shall be deemed 
guilty of a misdemeanor, and is punishable by a fine of not more 
than five hundred dollars, and each day's continuance of such neglect 
or refusal shall be a separate offense, and in case of any criminal 
or civil proceeding at law against the party or parties so notified, 
on account of the loss of life, or bodily injury sustained by any em- 
ployee subsequent to the service of such notice, and in consequence 
of a neglect or refusal to obey the Inspector's requirement, a certified 
copy of the notice served by the Inspector shall be prima facie evi- 
dence of the culpable negligence of the party or parties so notified. 

Historical: Laws 1899, 221, Sec. 5; 
re-enacting- Laws 1893, 152, Sec. 5; 
amended Laws 1895, 160, Sec. 4. 

Office: Records: Reports to Inspector. 

Sec. 203. The Inspector of Mines shall be provided with a properly 
furnished office, at the State House in Boise City, Idaho, in which he 
shall carefully keep a complete record of all mines examined, showing 
the date of examination, the condition in which the mines were found, 
the manner and method of working, the extent to which the laws 
are obeyed, and what recommendations, if any, were ordered by the 
Inspector. 

It is hereby made the duty of the owner, lessor, lessee, agent, 
manager or other person in charge of each and every mine, of what- 
ever kind or character, within the State, to forward to the Inspector 
of Mines at his office, not later than the first day of June in each year, 
a detailed report showing the character of the mine, the number of 
men then employed and the estimated maximum number of men to 
be employed therein during the ensuing year, the method of working 
such mine and the general condition thereof, and such owner, lessor, 



256 PUBLIC OFFICERS Tit. 2 



lessee, agent, manager or other person in charge of any mine within 
the State, must furnish whatever information relative to such mine 
as the Inspector of Mines may, from time to time, require for his 
guidance in the proper discharge of his official duties. 

Historical: Laws 1899, 221, Sec. 6; 
re-enacting Laws 18 93, 152, Sec. 6; 
amended Laws 1895, 160, Sec. 5. 

Complaints to Inspector: Duty of Inspector. 

Sec. 204. Whenever the Inspector of Mines shall receive a formal 
complaint in writing, signed by three or more persons, setting forth 
that the mine in which they are employed is dangerous in any respect, 
he shall, in person, visit and examine such mine: Provided, Every 
such formal complaint shall in all cases specifically set forth the nature 
of the danger existing at the mine and shall describe, with as much 
certainty as is possible, how much danger, apparent or real, renders 
such mine dangerous, and shall set forth the time when such danger 
was first observed, and shall distinctly set forth whetner or not 
any notice of such defect or danger has been given to the complain- 
ants, or any one else to their knowledge, to the superintendent or 
other person in charge of such mine, and if no such complaint has 
been made to such superintendent or other person in charge, the 
reason why it has not been made: and Provided, further, That all 
complaints shall be duly verified by the parties complaining, before 
some officer authorized by law to administer oaths. After such com- 
plaint shall have been received by the Inspector of Mines, it shall 
be the duty of such Inspector to serve a certified copy thereof, but 
Without the names of the complainants, upon the owner, lessor, lessee, 
agent, manager, or other person in charge, and, as soon as possible 
after receiving such complaint to visit and examine such mine, and 
if, from such examination he shall find such complaint to be just, he 
shall give notice in writing of the danger existing to the owner, lessor, 
lessee, agent, manager, or other person in charge thereof, and in 
such notice may, in his discretion, order such mine or workings in 
which such danger exists, closed, until such danger has been removed. 
The names of complainants complaining as in this section provided, 
shall not, under any circumstances, be divulged to any person by 
said Inspector except such action be necessary in the administration 
of justice in the courts of the State. 

Historical: Laws 189 9, 221, Sec. 7; 
re-enacting Laws 1893, 152, Sec. 7; 
amended Laws 1895, 160, Sec. 6. 

Neglect of Mine Owner: Duty of Attorney General. 

Sec. 205. It shall be the duty of the Inspector of Mines upon the 
neglect or refusal of any owner, lessor, lessee, agent, manager, or 
other person in charge of any mine or working, notified of the unsafe 
or dangerous condition of his mine, promptly to comply with the 
requirements of the notice served upon him, to at once notify the 
Attorney General of such neglect or refusal, and the Attorney Gen- 
eral must thereupon immediately commence action in the name of 
the State against the party so notified for the recovery of the penalty 



Ch. 14. INSPECTOR OF MINES 257 

mentioned in Section 202, in any court of competent jurisdiction, 
and the amount so recovered shall be paid into the general school 
fund of the State and constitute a part thereof. 

Historical: Laws 18 99, 221, Sec. 8; 
re-enacting Laws 1893, 152, Sec. 9; 
amended Laws 1895, 160, Sec. 8. 

Appointment of Deputies. 

Sec. 206. With the consent and approval of the Governor, the In- 
spector of Mines may appoint such deputy inspectors as in his judg- 
ment may be necessary. Such deputy inspectors shall be allowed, 
as full compensation for all services, five dollars per day for each 
day actually engaged in the performance of their duties. 

Historical Laws 1899, 221, Sec. 9; 
re-enacting Laws 1895, 160, Sec. 9. 

Duty of Inspector in Case of Accidents. 

Sec. 207. Whenever a serious or fatal accident shall occur in any 
mine in the State of Idaho, it shall be the duty of the owner, lessor, 
lessee, agent, manager or other person in charge thereof, immediately 
and by the quickest means, to notify the Inspector of Mines or his 
deputy, as may be most convenient, of such accident; and upon re- 
ceiving such notice the Inspector or his deputy, or both, shall at 
once repair to the place of the accident and investigate fully the 
cause of such accident; and the Inspetor or his deputy shall be 
present at any coroner's inquest held over the remains of any person 
or persons killed in any such accident, and shall have power at such 
inquest to examine and cross-examine witnesses, and may have 
process to compel the attendance of necessary witnesses at such in- 
quest. If the Inspector or deputy inspector cannot be immediately 
present in case of a fatal or serious accident occurring, it shall be 
the duty of the owner, lessor, lessee, agent, manager, or other person 
in charge of the mine in which such accident has occurred, to have 
statements made and verified by those witnessing such accident (in 
case no person was present at the time of the accident, then the 
statement of those first present thereafter shall be taken), which 
statements shall be verified, and such verified statements shall be 
placed in the hands of the Inspector or deputy inspector, upon the 
demand of such officer. Whenever any deputy inspector is present 
at any coroner's inquest and assists in the examination, he shall at 
the conclusion thereof, at once prepare and forward to the Inspector 
a full and detailed report of the accident, giving all information ob- 
tainable regarding the same. 

Historical: Laws 1899, 221, Sec. 10; 
re-enacting Laws 1895, 160, Sec. 10. 

Duties of Deputies. 

Sec. 208. The duties of deputy inspectors shall only be such as 
are indicated in the preceding section; that is, to attend and act 
either with or in place of the Inspector of Mines in cases of accident, 
at the scene of such accident, and at coroner's inquests, and to make 
reports. 



258 



PUBLIC OFFICERS 



Tit. 2 



Historical: Laws 1899, 221, Sec. 11; 
re-enacting Laws 1895, 160, Sec. 11. 

Report of Inspector. 

Sec. 209. The Inspector of Mines shall, on or before the first day 
of December of each year, file with the Governor of the State a 
printed report giving : 

1. A list of all accidents that have occurred during the year, the 
nature and cause of the same, together with the persons killed and 
injured: 

2. The number of mines visited or examined during the year; 
the number of mines in operation; the number of mines idle; the 
number of men employed; the wages paid, and the nationality of 
employees ; 

3. The name and location of each mine in the State, which has 
been examined and from which the Inspector has received a report 
as provided in Section 203, and all data possible in regard to the 
manner of working the same, whether by shaft, tunnel, incline or 
otherwise; the condition of the hoisting machinery, boilers, whims, 
engines, cars, buckets, ropes and chains, used in the mines; also the 
appliances used for the extinguishing of fires ; the manner and 
methods of working and timbering the shafts, drifts, inclines, stopes, 
winzes, tunnels and up-rises through which persons pass to and fro 
while engaged in their daily labor; the character of the exits from 
the mine, the methods of ventilation, and the system of signals used 
in the mine; 

4. The number and character of notices served, together with 
suggestions and recommendations made, and the manner in which 
such suggestions and recommendations were complied with; 

5. The number of complaints received and actions thereon ; 

6. The number of prosecutions for neglect or refusal to comply 
with notices; 

7. A summary of the reports received from mine owners and 
deputy inspectors; 

8. A full statement containing all available statistical and other 
information calculated to exhibit the mineral resources of the State, 
and to promote the development of the same; 

9. Generally, such other information and suggestions as may be 
deemed advisable. 



Historical: Laws 1899, 221, Sec. 12; 
re-enacting Laws 1895, 160, Sec. 12. 
"On or before the first day of Decem- 
ber" inserted in place of "on the first 



Monday of December" to conform to 
Laws 1903, 149," Sec. 2. (Codes, Sec. 
279.) 



CHAPTER 15. 
OTHER EXECUTIVE OFFICERS AND BOARDS. 



Section 

210. General reference to other offi- 
cers and boards. 



General Reference to Other Officers and Boards. 

Sec. 210. The appointment or constitution, and the organization, 
powers and duties, of such other State boards and commissions as 



Ch. 16. Art. 1. 



JUDICIAL DEPARTMENT — JUDGES 



259 



are authorized and provided for by law, for the administration of 
departments of the government, or the supervision, direction and 
control of the educational, charitable, penal or other institutions, of 
the State, and the election or appointment, and the powers and duties, 
of officers and employees working under or in co-operation with such 
boards or commissions, or independently thereof in the administra- 
tion of departments or branches of the State government, are pro- 
vided for in these Codes in the titles, chapters and articles treating 
of the institutions or departments of government supervised and 
administered by such boards, commissions, officers or employees. 



Historical: New section by Com- 
missioner inserted to preserve the con- 
tinuity of the text. 

Cross Reference: Board of Pardons: 
Sees. 8248-8264. Board of State Pris- 
on Commissioners. Sees. 8460-8469. 
Board of Land Commissioners: Sec. 
1558. Board of Equalization: Sec. 
1702. Highway Commission: Sec. 1061. 
Regents of University: Sec. 486. 
Trustees of Lewiston Normal School: 
Sec. 501. Trustees of Albion Normal 
School: Sec. 517. Trustees of Acad- 
emy of Idaho: Sec. 546. Commission 
of Summer Normal Schools: Sec. 
533. State Board of Public Instruc- 
tion: Sec. 558. State Superintendent 
of Public Instruction: Sec. 565. State 
Library Commission: Sec 672. Direc- 
tors of Insane Asylum: Sec. 751. Di- 
rectors of North Idaho Insane Asylum: 
Sec. 786. Trustees of Industrial 



Training School: Sec. 806. Trustees 
of Soldiers' Home: Sec. 794. Trus- 
tees of Historical Society: Sec. 848. 
Live Stock Sanitary Board: Sec. 115 3. 
Board of Health: Sec. 1080. Board 
of Dairy, Food and Oil Commission- 
ers: Sec. 1114. Board of Horticultural 
Inspection: Sec. 1310. Grain Commis- 
sion: Sec. 1478. Board of Medical 
Examiners: Sec. 1341. Board of Den- 
tal Examiners: Sec. 13 57. Board of 
Osteopathic Examination and Regis- 
tration: Sec. 1366. Board of Exam- 
iners in Optometry. Sec. 1374. Board 
of Pharmacy: Sec. 1385. Board of 
Examining Surveyors: Sec. 1401. La- 
bor Commission: Sec. 1426. Commis- 
sioner of Immigration, Labor and 
Statistics: Sec. 1418. Librarian of 
Law Library: Sec. 834. Lumber In- 
spectors: Sec. 1495. 



CHAPTER 16. 
OFFICERS OF THE JUDICIAL DEPARTMENT. 



Article 

1. Judges. 

2. Clerk of the Supreme Court. 



Article 

3. Supreme Court Reporter. 

4. Other court officers. 



ARTICLE 1. 
JUDGES. 



Section 

211. Cross reference to Judges. 

Cross Reference to Judges. 

Sec. 211. The election, duties and powers of the Justices of the 
Supreme Court and Judges of the District Courts are provided for 
in the Code of Civil Procedure and the Penal Code. Probate judges 
and justices of the peace are provided for in Title 11, of this Code, 
and their powers and duties are such as are prescribed by this Code, 
the Code of Civil Procedure and the Penal Code. 



Historical: New section by Commis- 
sioner inserted to preserve the con- 
tinuity of the text. 

Cross Reference: Justices of the Su- 
preme Court: Const. Art. 5, Sec. 6; 
C. C. P. Sec. 3814. District Judges: 



Const. Art. 5. Sec. 11; C. C. P. Sec. 
3 82 9. Probate Judges: Const. Art. 
5, Sec. 21; Pol. Code, Sees. 1989, 1990. 
Justices of the peace: Const. Art. 5, 
Sec. 22; Pol. Code, Sec. 2104. 



260 



PUBLIC OFFICERS 



Tit 2 



ARTICLE 2. 




CLERK OF THE SUPREME COURT. 


Section 


Sect 


ion 


212. Duties in general. 


217. 


Prohibitions. 


213. Fees. 


218. 


May take acknowledgments 


214. Filing papers. 


219. 


Official bond. 


215. Responsibility for books and 


220. 


Salary. 


papers. 


221. 


Deputy clerks. 


216. May administer oaths. 







Duties in General. 

Sec. 212. The Clerk of the Supreme Court must perform such 
duties as are prescribed in the Penal Code and Code of Civil Pro- 
cedure, and such duties as may be required of him by the rules and 
practice of the Court. He must keep his office in the Capitol building. 



Cross Reference: Clerk of Supreme 
Court to be appointed by the Court: 
Const. Art. 5, Sec. 15. Clerk to report 
to State Treasurer names of attorneys 
admitted to practice: Sec. 840. 



Historical: Rev. St. 188 7, Sec. 2 60, 
and first clause of Sec. 263. The re- 
mainder of Sec. 263 is repealed by 
Const. Art. 4, Sec. 18, creating the 
Board of Examiners. 

California Legislation: Same: Pol. 
Code 1872, Sec. 750; Deering's Code, 
ib.; Kerr's Code, ib. 

Fees. 

Sec. 213. The Clerk of the Supreme Court may lawfully charge, 
demand and receive the following fees for services rendered in dis- 
charging the duties imposed on him by law : 

For filing each transcript of record from an inferior court, one 
dollar; for entering any motion, rule or order, fifty cents; for en- 
tering judgment, for each folio, thirty cents; for each certificate 
given at request, and under seal, fifty cents; for copy of record, or 
opinion of court, or other paper, for each folio, twenty cents; for 
entering each cause on calendar, and making copy for bar, fifty 
cents; for filing each paper, twenty-five cents; for every remittitur 
or mandate, for each folio, twenty cents ; for certificate of admission, 
as attorneys or counsellors, including seal, oath and order, two dollars; 
for administering oaths, or affirmations, including jurat, twenty-five 
cents; for taking and writing out acknowledgments of deeds, or 
other instruments, for each signature, including seal, fifty cents; 
for recording opinion of Court, each folio, twenty cents; for issuing 
any process of Court, including seal, one dollar. . 



Historical: Rev. St. 1887, Sec. 262. 
See 6 Ter. Ses. (1871) 15, Sec. 3. 

California Legislation: Different: 



Pol. Code 1872, Sec. 752; as amended; 
Deering's Code, ib.; further amended: 
Kerr's Code, ib. 



Filing Papers. 

Sec. 214. He must file all papers that may be legally lodged with 
him for that purpose, noting the day, month, and year when so filed. 

Historical: Rev. St. 1887, Sec. 2 64. 
2 Ter. Ses. (1864) 423, Sec. 4. 

Responsibility for Books and Papers. 

Sec. 215. He is responsible for the safe custody and delivery to 
his successor of all books and papers belonging to his office. 



Ch. 16. Art. 2. judicial department — clerk of supreme court 261 



Prohibitions. 

Historical: Rev. St. 188 7, Sec. 2 6 5. 
2 Ter. Ses. (1864) 423, Sec. 5. 

May Administer Oaths. 

Sec. 216. He may administer oaths in every case where an oath 
is authorized by law. 

Historical: Rev. St. 18 87, Sec. 266. 
2 Ter. Ses. (1864) 423, Sec. 6. 

Prohibitions. 

Sec. 217. He must not practice as an attorney or counsellor, nor 
be surety or bail in any case in the court of which he is clerk. 

Historical: Rev. St. 1887, Sec. 267. 
2 Ter. Ses. (1864) 423, Sec. 7. 

May Take Acknowledgments. 

Sec. 218. He is authorized to take acknowledgments of deeds and 
instruments of writing under the seal of his office. 



Historical: Rev. St. 1887, Sec. 26 8. 
2 Ter. Ses. (1864) 423, Sec. 8. 



Cross Reference: May take acknowl- 
edgments: Sec. 3123. 



Official Bond. 

Sec. 219. The Clerk of the Supreme Court must execute an official 
bond in the sum of five thousand dollars. 



Historical: Rev. St. 188 7, Sec. 2 69. 

See 2 Ter. Ses. (1864) 423, Sec. 2. 
California Legislation: Same except 



"ten" for "five": Pol. Code 1872, Sec. 
757; Deering's Code, ib.; Kerr's Code, 
ib. 



Salary. 

Sec. 220. The Clerk of the Court shall receive a salary of two 
thousand five hundred dollars per annum, payable quarterly out of 
the State Treasury upon warrants issued by the Auditor. Said salary 
shall be the only compensation he shall receive for all services re- 
quired of him, or of any deputy he may appoint, with the exception 
of the deputy resident at the City of Lewison, provided for in the 
next section. Nothing herein contained shall affect the right of the 
Clerk to receive compensation as reporter of the decisions of the 
Supreme Court as provided in Section 222. 

The Clerk shall, on the first day of January, April, July and 
October of each year, deliver to the State Auditor a statement, verified 
by oath, showing the different items of fees received or charged by 
him, from whom, at what time, and for what services, during the 
preceding three months, and on the same day he shall pay to the 
State Treasurer the amount of said fees, who shall give his receipt 
therefor, and, upon exhibition of said receipt, the Auditor shall draw 
his warrant upon the Treasury for the amount of salary due. 



Historical: This section is a com- 
pilation based on Laws 1899, 6, Sees. 
4, 5, 6, 7, which re-enact Laws 1890- 
91, 11, Sec. 3, amended Laws 1893, 63, 
3; Laws 1893, 63, Sec. 2; Laws 
1890-91, 11, Sec. 3, amended Laws 
1893, 63, Sec. 4; Laws 1890-91, 11, Sec. 
~, respectively. The exception of the 
Lewiston deputy from the salary 
provision is not found verbatim in the 
1899 laws but is based on the fifth 



section of that law (see following sec- 
tion). The provision of Sec. 4 of the 
1899 law which authorizes the ap- 
pointment of deputies by the cierk is 
not germane to that section and is in- 
cluded in Sec. 221. The portion of Sec. 
6 of the 18 99 laws which requires the 
clerk to provide furniture, etc., for the 
Lewiston deputy is obsolete since the 
enactment of Laws 1903, 42, provid- 
ing a Supreme Court building located 



262 



PUBLIC OFFICERS 



Tit 2 



at the city of Lewiston. The further 
provisions of this section for the sal- 
aries of crier, bailiff, and messen- 
ger are found in Sec. 3822.' The ex- 



ception, from the salary, provision, of 
the clerk's compensation as reporter is 
based on Laws 1903, 367, Sec. 1, found 
in Sec. 222 post. 



Deputy Clerks. 

Sec. 221. The Clerk of the Supreme Court may appoint one or 
more deputies, and shall appoint a deputy clerk resident at the City 
of Lewiston, who shall keep his office in the Supreme Court building 
in said city, and who shall receive as compensation for his services 
the sum of seventy-five dollars per month, in full payment for all 
his services as such deputy clerk, to be paid to him monthly by the 
Treasurer of the State out of any moneys in the Treasury not other- 
wise appropriated. 



Historical: Laws 18 99, 6, Sec. 5; re- 
enacting Laws 1893, 63, Sec. 2, as 
modified by, and combined with, the 
latter part of Laws 1903, 42, Sec. 12. 
The words "may appoint one or more 
deputies" are inserted on the authority 
of Laws 1899. 6, Sec. 4. 



Cross Reference: Lewiston deputy 
clerk is custodian of Lewiston Law 
Library: Sec. 841. 



ARTICLE 3. 
SUPREME COURT REPORTER. 



Section 

222. Clerk to be ex-officio reporter 

223. Decisions to be reported. 
2 2 4. Same: How prepared. 
225. Name of reports. 



Section. 

2 2 6. Distribution of reports. 

227. Contract to print reports. 

228. Bond of printer. 

229. Receipt to printer. 



Clerk to Be Ex-Officio Reporter. 

Sec. 222. The Clerk of the Supreme Court shall be ex-officio re- 
porter of the decisions of the Supreme Court, and shall receive the 
sum of one hundred dollars per volume for his services in the prep- 
aration of the decisions of said court. 

Historical: Laws 1903, 36 7, Sec. 1. 

Decisions to Be Reported. 

Sec. 223. The reporter of the decisions of the Supreme Court must 
prepare a report of all decisions of such court not reported in Volume 
1, new series. 

Historical: Laws 1903, 36 7, Sec. 2. 

Same: How Prepared. 

Sec. 224. The decisions shall be prepared for publication by giv- 
ing the title to each case, a syllabus of the points decided, the names 
of the counsel appearing in the Supreme Court in the case, and 
synopsis of the briefs with reference to such standard reports and 
text books as have a special bearing upon the points decided, and 
each volume shall contain, at the end thereof, a full and comprehensive 
index alphabetically arranged, and there shall be prefixed thereto 
a table of cases decided, a table of cases cited, and a table of statutes 
and constitutional provisions construed. 



Historical: Laws 19 03, 367, Sec. 3. 



Ch. 16. Art. 3. judicial department — supreme court reporter 263 



Name of Reports. 

Sec. 225. The first volume to be published under the provisions 
of this article shall be called "Idaho Reports Volume 2," and shall 
commence with the decisions immediately following those reported 
in Volume 1, Idaho Reports, new series, published 1882, and all 
decisions reported in said Volume 2, and subsequent volumes, shall 
be reported in the order in which the decisions were handed down, 
chronologically. Said volume and all subsequent volumes shall be 
uniform in size and amount of matter contained with said Volume 
1, Idaho Reports, new series, and the style of type the same and 
composition shall be similar, and the paper and binding and all 
material and work, including sewing, shall be equally as good, and 
similar to that used in said Volume 1, Idaho Reports, new series. 
Each volume of said reports when printed, shall contain not less 
than eight hundred pages, exclusive of the index thereto. 

Historical: Laws 1903, 36 7, Sec. 4. 

Distribution of Reports. 

Sec. 226. The reporter shall have no pecuniary interest in the re- 
ports, but he shall, in his name, but for and on behalf and for 
the sole benefit of the State of Idaho, copyright each and every 
volume of said reports before final issue from press. The decisions 
of the said Supreme Court which are not contained in said Volume 1, 
Idaho Reports, new series, shall be prepared for publication, by 
the reporter, as rapidly as possible, and as soon as a sufficient num- 
ber of decisions are prepared to fill a volume, such volume shall be 
printed, and four hundred copies thereof delivered to the State 
Librarian, who shall distribute them as follows: To the Librarian 
of Congress, two copies; to the Idaho State Library, five copies; 
to the University of Idaho, to the Albion Normal School, and to 
the Lewiston Normal School, each one copy; to the library at the 
State Penitentiary, one copy; to each county prosecuting attorney, 
one copy; to each probate judge, one copy; to each District Judge, 
one copy; to each Justice of the Supreme Court, one copy; to the 
Clerk of the Supreme Court, two copies, to be kept in the court 
room during the sessions of court for the use of the bar; to each 
State and Territory in the United States, two copies, for the use 
of the State Library thereof; to each foreign state or country, send- 
ing to this State copies of its printed court reports, two copies; to 
the Governor, Secretary of State, State Treasurer, State Auditor, 
Attorney General, Superintendent of Public Instruction, State En- 
gineer, and State Mine Inspector, each, one copy: Provided, That 
each public officer receiving a copy of any volume or volumes of said 
reports, under the provisions of this section, shall take good care 
of the same, and shall, upon retiring from office, turn the same over 
to his successor in office: Provided further, That copies of any 
volume of such reports may be again issued to any of said officers, 
institutions, States or Territories upon good and sufficient proof of 
loss of the copies sought to be replaced, presented to the Justices 
of the Supreme Court, who may, by writing signed by a majority 
of the Justices, direct the Librarian to furnish another copy of the 



264 PUBLIC OFFICERS Tit 2 

volume so lost, in place thereof, but no direction to furnish another 
copy shall be made in any case, without good and sufficient evidence 
showing that the officer, institution, State or Territory sustaining 
such loss, sustained the same without fault or negligence. 

Historical: Laws 1903, 367. Sec. 5. 

Contract to Print Reports. 

Sec. 227. The contract to print the reports of such decisions, shall 
be let by the reporter with the approval of the Justices of the Su- 
preme Court, or a majority therof, to some person or persons who 
will print the same on terms most advantageous to the State, and 
who will furnish the State with four hundred copies of each volume 
at a cost not to exceed three dollars and fifty cents per copy, per 
volume, and who will agree to furnish copies of the reports to the 
public at a price not exceeding three dollars and fifty cents per copy, 
per volume : Provided, The work shall be done in the State of Idaho, 
if responsible parties therein offer to do said work on terms as favor- 
able to the State as any outside bidder. 

Historical: Laws 1903, 36 7, Sec. 6. 

Bond of Printer. 

Sec. 228. The person to whom the contract for printing any one 
or more volumes of reports under the provisions of this article, may 
be awarded, shall give a good and sufficient bond running to the 
State, in the penal sum of five hundred dollars for each volume, 
conditioned that he will faithfully perform all the requirements of 
said contract and all of the provisions of this article. 

Historical: Laws 1903, 36 7, Sec. 7. 

Receipt to Printer. 

Sec. 229. The Librarian of the State Library shall give to the 
contracting printer a receipt for all copies of reports of said decisions 
delivered to him by such printer, and the Librarian shall keep a 
correct record, in a book kept especially for that purpose, of all 
volumes received and distributed under the provisions of this article, 
and shall take a receipt for all copies of such reports distributed, 
and file and preserve the same. 

Historical: Laws 1903, 367, Sec. 8. 

ARTICLE 4. 

OTHER COURT OFFICERS. 

Section 

230. Cross Reference to other court 
officers. 

Cross Reference to Other Court Officers. 

Sec. 230. Other officers of courts are the clerks of the District 
Courts; clerks of the probate courts; stenographic reporters, and 
the crier, bailiff and messenger of the Supreme Court. The office, 
bond, fees and general duties of the clerks of the District Courts 
are provided for in Title 11, of this Code, and the appointment, com- 



Ch. 17. 



NOTARIES PURLIC 



265 



pensation and duties of the other officers mentioned in this section 
are provided for in the Code of Civil Procedure and the Penal Code. 



Historical: New section by Commis- 
sioner inserted to preserve the con- 
tinuity of the text. 

Cross Reference: Clerks of the Dis- 
trict Courts: Election: Const. Art. 5, 
Sec. 16; duties in general. Sees. 2049- 



2051; deputies: Sees. 1975-1980; bond: 
Sec. 1987; fees: Sec. 212JL. Clerks of 
probate courts: Sec. 3844. Stenograph- 
ic reporters: Sees. 3980-3988. Su- 
preme Court crier, bailiff and messen- 
ger: Sec. 3822. 



CHAPTER 17. 
NOTARIES PUBLIC. 



Section 

231. Appointment and commission. 

232. Oath and bond. 

233. Same: Filing. 

234. Qualifications and residence of 
notaries. 

235. Change in county of residence. 
Duplicate certificate. 

236. General duties. 



Section 

23 7. Protest as evidence of facts. 

238. Removal, death or resignation. 

2 3 9. Certified copies of predecessor's 
records. 

2 40. Fees of notaries. 

241. Certificate to be transmitted to 

clerk. 
2 42. Liability for misconduct. 



Appointment and Commission. 

Sec. 231. The Governor may appoint and commission in each 
county as many notaries public as he may deem necessary, who shall 
hold said office for the term of four years. 



Historical: Rev. St. 1887, Sec. 285. 
See 4 Ter. Ses. (1867) 47, Sec. 1; 
amended 7 Ter. Ses. (1873) 59, Sec. 1. 

California Legislation: Different: 



Pol. Code 1872, Sec. 791; as amend- 
ed: Deering's Code, ib.; similar as 
further amended: Kerr's Code, ib. 



Oath and Bond. 

Sec. 232. Each notary public before entering upon the duties of 
his office must take the usual oath of office, which must be indorsed 
upon his bond, and must execute a bond to the State of Idaho in 
the sum of one thousand dollars, with two or more sufficient sureties, 
to be approved by the probate judge of the county for which said 
notary may be appointed. 



Historical: Rev. St. 1887, Sec. 286. 
4 Ter. Ses. (1867) 47, Sec. 2; amend- 
ed 5 Ter. Ses. (1868) 99, Sec. 1. 

California Legislation: Different: 



Pol. Code 1872, Sec. 799; as amend- 
ed: Deering's Code, ib.; Kerr's Code, 
ib. 



Same : Filing. 

Sec. 233. The bond, with the oath of office indorsed thereon and 
duly attested, together with a specimen of the signature, and impress 
of the official seal of the appointee, must be filed in the office of the 
Secretary of State. At the issuance of any commission each appointee 
must pay the sum of ten dollars to said Secretary, who must keep 
an account of the same and pay one-half thereof to the State Library 
fund, and may apply the residue as his fees in that behalf. 



Historical: Rev. St. 1887, Sec. 287. 

4 Ter. Ses. (1867) 47, Sec. 3; 

amended 5 Ter. Ses. (1868) 99, Sec. 2. 

California Legislation: Different: 



Pol. Code 1872, Sec. 800; as amend- 
ed: Deering's Code, ib.; further 
amended: Kerr's Code, ib. 



266 



PUBLIC OFFICERS 



Tit 2 



Qualifications and Residence of Notaries. 

Sec. 234. Every person appointed as notary public must, at the 
time of his appointment, be an elector of the county for which he is 
appointed, and must continue to reside in such county: Provided, 
hoivever, That when by the creation of a new county, or a change 
in the boundary of a county, or in any other manner, a notary be- 
comes a resident of a county other than that of his appointment, he 
he may hold his office for the county in which his residence may be, 
without further appointment, for the remainder of the term covered 
by his commission. 

Historical: Rev. St. 188 7, Sec. 288; 
amended Laws 1907, 55, Sec. 1. 

Change in County of Residence: Duplicate Certificate. 

Sec. 235. Upon the application of any notary, the county of whose 
residence is changed as mentioned in the preceding section, and the 
payment of a fee of one dollar, the Secretary of State shall issue 
to such notary a certificate, in duplicate, of the facts, and showing 
the authority of the notary to act in the county of his residence, one 
copy of which certificate shall be filed in the office of the clerk of 
the District Court of said county. Such notary shall thereupon pro- 
cure, and thereafter use, a new seal to be engraved as is now required 
by law. 

Historical: Laws 1907, 55, Sec. 2. 

General Duties. 

Sec. 236. It is the duty of a notary public : 

1. When requested, to demand acceptance and payment of for- 
eign, domestic and inland bills of exchange, or promissory notes, 
and protest the same for non-acceptance and non-payment, and to 
exercise such other powers and duties as by the law of nations and 
according to commercial usages, or by the laws of any other State, 
Territory, government or country, may be performed by notaries ; 

2. To take the acknowledgment of proof of powers of attorney, 
mortgages, deeds, grants, transfers, and other instruments of writing 
executed by any person, and to give a certificate of such proof or 
acknowledgment indorsed on, or attached to, the instrument; 

3. To take depositions and affidavits, and administer oaths and 
affirmations, in all matters incident to the duties of the office, or to 
be used before any court, judge, officer, or board' in this State; 

4. To keep a record of all official acts done by him under the 
first subdivision of this section; 

5. When requested, and upon payment of his fees therefor, to 
make and give a certified copy of any record in his office ; 

6. To provide and keep an official seal, upon which must be en- 
graved his name, the words, "Notary Public," and the name of the 
county for which he is commissioned ; 

7. To authenticate with his official seal all official acts. 



Historical: Rev. St. 1887, Sec. 289. 
See 4 Ter. Ses. (1867) 47, Sees. 4-11. 

California Legislation: Similar: Pol. 
Code 1872, Sec. 794; Deering's Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Notary public 
may take acknowledgments: Sec. 3124. 



Ch, 17. 



NOTARIES PURLIC 



267 



Protest as Evidence of Facts. 

Sec. 237. The protest of a notary, under his hand and official seal, 
of a bill of exchange or promissory note, for non-acceptance or non- 
payment, stating the presentment for acceptance or payment, and 
the non-acceptance or non-payment thereof, the service of the notice on 
any or all of the parties to such bill of exchange or promissory note, 
and specifying the mode of giving such notice and the reputed place 
of residence of the party to such bill of exchange or promissory note, 
and of the party to whom the same was given, and the postofnce 
nearest thereto, is prima-facie evidence of the facts contained therein. 



last line: Pol. Code 1872, Sec. 795; 
same as amended: Deering's Code, 
ib.; Kerr's Code, ib. 



Historical: Rev. St. 18 87, Sec. 2 90. 
See 4 Ter. Ses. (1867) 47, Sec. 12. 

California Legislation: Same except 
"primary" tor "prima facie", in the 

Removal, Death or Resignation. 

Sec. 238. If any notary die, resign, is disqualified, removed from 
office, or removes from the county for which he is appointed, his 
records and all his public papers must, within thirty days, be de- 
livered to the recorder of the county, who must deliver them to the 
notary's successor when qualified. 



Historical: Rev. St. 1887, Sec. 2 91. 
4 Ter. Ses. (1867) 47, Sec. 14. 

California Legislation: Same except 



"clerk" for "recorder", line 4: Pol. 
Code 1872, Sec. 796; Deering's Code, 
ib.; Kerr's Code, ib. 



Certified Copies of Predecessor's Records. 

Sec. 239. Every notary having in his possession the records and 
papers of his predecessor in office, may grant certificates or give 
certified copies of such records and papers, in like manner and with 
the same effect as such predecessor could have done. 



Code 1872, Sec. 797; Deering's Code, 
ib.; Kerr's Code, ib. 



Historical: Rev. St. 188 7, Sec. 2 92. 
4 Ter. Ses. (1867) 47, Sec. 16. 

California Legislation: Same: Pol. 

Fees of Notaries. 

Sec. 240. The fees of notaries are as follows: For drawing and 
copying every protest for non-payment of a promissory note, or for 
the non-payment or non-acceptance of a bill of exchange, draft or 
check, three dollars, said sum shall be in full payment of all fees 
for services of such notaries for drawing and serving every notice 
of non-payment of a promissory note, or of the non-payment or non- 
acceptance of a bill of exchange, order, draft or check, jor for 
recording every protest, or for any other services necessary by such 
notaries in connection therewith; for taking an acknowledgment or 
proof of a deed or other instrument, to include the seal and the 
writing of the certificate, fifty cents; for administering and certify- 
ing an oath, twenty-five cents; for every certificate under seal, to 
include writing the same, fifty cents. 



Historical: Rev. St. 1887, Sec. 2 93; 
amended Laws 1907, 156, Sec. 1. 
California Legislation: See Pol. 



Code 1872, Sec. 798; as amended 
Deering's Code, ib.; Kerr's Code, ib. 



268 



PUBLIC OFFICERS 



Tit 2 



Certificate to Be Transmitted to Clerk. 

Sec. 241. Each notary, as soon as he has taken his official oath 
and filed his official bond, must transmit a certificate of the facts, 
under the hand and seal of the Secretary of State, to the clerk of 
the District Court for his county. 



Historical: Rev. St. 1887, Sec. 294. 

California Legislation: Similar: Pol. 

Code 1872, Sec. 80 0; different as 



amended: Deering's Code, ib.; fur- 
ther amended: Kerr's Code, ib. 



Liability for Misconduct. 

Sec. 242. For the official misconduct or neglect of a notary public, 
he and the sureties on his official bond are liable to the parties in- 
jured thereby for all the damages sustained. 



Historical: Rev. St. 18 8 7, Sec. 2 95; 
See 4 Ter. Ses. (1867) 47, Sec. 13. 

California L/egislatioii : Same: Pol. 



Code 1872, Sec. 801; Deering's Code, 
ib.; Kerr's Code, ib. 



CHAPTER 18. 
COMMISSIONERS OF DEEDS. 



Section 

243. Appointment. 

244. General duties. 

2 45. Effect of Commissioner's acts. 
246. Filing of oath. 



Section 
247. Fees. 

2 48. Copy of chapter to be trans- 
mitted. 
2 49. Fee for issuing commission. 



Appointment. 

Sec. 243. The Governor may appoint in each State or Territory 
of the United States, or in any foreign State, one or more commis- 
sioners of deeds, to hold office for the term of four years from and 
after the date of their commission. 



Historical: Rev. St. 1887, Sec. 300. 
See 1 Ter. Ses. (1864) 522, Sec. 1. 

California Legislation: Same except 



"or Territory" omitted: Pol. Code 
1872, Sec. 811; Deering's Code, ib.; 
Kerr's Code, ib. 



General Duties. 

Sec. 244. Every commissioner of deeds has power, within the 
State for which he is appointed : 

1. To administer and certify oaths; 

2. To take and certify depositions and affidavits; 

3. To take and certify the acknowledgment of proof of powers 
of attorney, mortgages, transfers, grants, deeds, or other instru- 
ments, for record; 

4. To provide and keep an official seal, upon which must be en- 
graved the words, "Commissioner for the State of Idaho,'' and the 
name of the commissioner. 

5. To authenticate, with his official seal, all his official acts. 



Historical: Rev. St. 1887, Sec. 301. 
See 1 Ter. Ses. (1864) 522, Sec. 1. 

California Legislation: Similar: Pol. 



Code 1872, Sec. 812; Deering's Code, 
ib.; Kerr's Code, ib. 



Effect of Commissioners' Acts. 

Sec. 245. All oaths administered, depositions and affidavits taken, 



Ch. 19. Art. 1. GENERAL PROVISIONS — QUALIFICATIONS 



269 



and all acknowledgments and proofs certified by commissioners of 
deeds, have the same force and effect, to all intents and purposes, 
as if done and certified in this State by any officer authorized by 
law to perform such acts. 



Historical: Rev. St. 1887, Sec. 30 2; 
See 1 Ter. Ses. (1864) 522, Sec. 2. 
California Legislation: Same: Pol. 



Code 1872, Sec. 813; Deering's Code, 
ib.; Kerr's Code, ib. 



Filing of Oath. 

Sec. 246. The official oaths of commissioners of deeds must be 
filed in the office of the Secretary of State within six months after 
they are taken. 



Historical: Rev. St. 188 7, Sec. 303. 
See 1 Ter. Ses. (1864) 522, Sec. 3. 

California Legislation: Same: Pol. 



Code 1872, Sec. 814; Deering's Code, 
ib.; Kerr's Code, ib. 



Fees. 

Sec. 247. The fees of commissioners of deeds are the same as those 
prescribed for notaries public. 



Historical: Rev. St. 1887, Sec. 304. 

California Legislation : Same: Pol. 
Code 1872, Sec. 815; Deering-'s Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Fees of notaries; 
Sec. 240. 



Copy of Chapter to Be Transmitted. 

Sec. 248. The Secretary of State must transmit, with the com- 
mission to the appointee, a certified copy of this chapter. 



Historical: Rev. St. 18 8 7, Sec. 305. 
See 1 Ter. Ses. (1864) 522, Sec. 4. 

California Legislation: Same except 



"Article, and of Section 798" for 
"chapter"; Pol. Code 1872, Sec. 817; 
Deering's Code, ib.; Kerr's Code, ib. 



Fee for Issuing Commission. 

Sec. 249. The Secretary of State is entitled to receive a fee of 
five dollars for issuing each commission under the provisions of this 
chapter, to be paid by the party applying therefor. 

Historical: Rev. St. 1887, Sec. 306. 
8 Ter. Ses. (1875) 674, Sec. 5. 

CHAPTER 19. 
GENERAL PROVISIONS APPLICABLE TO ALL OFFICERS. 



Article 

1. Qualifications and restrictions on 
residence. 

2. Prohibition against contracts with 
officers. 

3. Nominations and commissions. 



Article 

4. Oath of office. 

5. Salaries of officers. 

6. Reports of officers. 



ARTICLE 1. 
QUALIFICATIONS AND RESTRICTIONS ON RESIDENCE. 



Section 

250. Qualifications in general. 

251. Legislators disqualified from 
holding certain offices. 

252. Residence of certain officers. 



Section 

2 53. Absence of State officers. 

254. Offices to be provided in Capi- 
tol building. 



270 



PUBLIC OFFICERS 



Tit 2 



Qualifications in General. 

Sec. 250. Every qualified elector shall be eligible to hold any office 
of this State for which he is an elector, except as otherwise provided 
by the Constitution. 



Historical: Laws 1899, 33, Sec. 5; 
re-enacting Laws 1890-91, 57, Sec. 5. 

Cross Reference: Qualifications of 
electors: Const. Art. 6, Sec. 2. Of Leg- 
islative officers: Const. Art. 3, 
Sec. 6. Of executive officers: 



Const. Art. 4, Sec. 3. ■ Of District 
Judges: Const. Art. 5, Sec. 23. Of 
prosecuting attorneys; Const. Art. 5, 
Sec. 18. Disqualifications to hold of- 
fice enumerated: Const. Art. 6, Sec. 3. 



Legislators Disqualified From Holding Certain Offices. 

Sec. 251. It shall be unlawful for any member of the Legislature, 
during the term for which he was elected, to accept or receive, or 
for the Governor, or other official or board, to appoint such member 
of the Legislature to, any office of trust, profit, honor or emolument, 
created by any law passed by the Legislature of which he is a member. 
Any appointment made in violation of this section shall be null and 
void and without force and effect, and any attempt to exercise the 
powers of such office by such appointee shall be a usurpation, and 
the appointee shall be deemed guilty of a misdemeanor, and, on 
conviction, shall be fined not less than five hundred dollars nor more 
than five thousand dollars. 

Historical: Laws 1907, 308, Sees. 
1, 2. 

Residence of Certain Officers. 

Sec. 252. The following officers must reside at and keep their 
offices in Boise City: 
The Governor; 
Secretary of State; 
Auditor ; 
Treasurer ; 
Attorney General; 

Superintendent of Public Instruction, and 
Clerk of the Supreme Court. 



Historical: Rev. St. 1887, Sec. 325. 
California Legislation: Similar: 



Pol. Code 1872, Sec. 852; Deering's 
Code, ib.; Kerr's Code, ib. 



Absence of State Officers. 

Sec. 253. No State or district officer must absent himself from 
the State or district for more than thirty days, unless upon business 
of the State, or with the consent of the Governor. 



Historical: Rev. St. 1887, Sec. 326; 
amended Laws 1890-91, 21, Sec. 1; 
re-enacted Laws 1899, 13, Sec. 1. 

California Legislation: See Pol. 



Code 1872, Sec. 853; as amended: 
Deering's Code, ib.; further amended: 
Kerr's Code, ib. 



Offices to Be Provided in Capitol Building. 

Sec. 254. The officers enumerated in Section 252 may occupy, 
without rent or charge, the offices provided for them respectively in 
the Capitol building; and no pay or allowance must be made to any 
one of said officers for rent, fuel, or lights whether such officer occupy 
such office or not. 



Ch. 19. Art. 2. general provisions — prohibitions 



271 



Historical: Rev. St. 1887, Sec. 327. 

ARTICLE 2. 
PROHIBITIONS AGAINST CONTRACTS WITH OFFICERS. 



Section 

255. Officers not to be interested in 
contracts. 

256. Nor in sales. 

Prohibited contracts voidable. 



Section 

258. Dealing in warrants prohibited. 

259. Officers to make affidavit. 

260. Duty of disbursing officers. 
2 61. Prosecution of offenders. 



Officers Not to Be Interested in Contracts. 

Sec. 255. Members of the Legislature, State, county, city, district 
and precinct officers, must not be interested in any contract made 
by them in their official capacity, or by any body or board of which 
they are members. 



Historical: Rec. St. 1887, Sec. 365. 

California Legislation: Same except 
"and township" for "district and pre- 
cinct}": Pol. Code 1872, Sec. 920; 
Deering's Code, ib.; Kerr's Code, ib. 

Cited: (Dis. op.) Ponting v. Isa- 
man (1901) 7 Ida. 581; 65 Pac. 434; 
Xuckols v. Lyle (1902) 8 Ida. 589; 70 
Pac. 401. 



Prohibited Contracts: A contract 
made between the Secretary of State 
and a printing company whereby the 
former is to receive a part of the com- 
pensation payable to the latter for 
printing session laws and legislative 
journals, is within the prohibitions of 
this section. Anderson v. Lewis (1898) 
6 Ida. 51; 52 Pac. 163. 



Nor in Sales. 

Sec. 256. State, county, district, precinct and city officers must 
not be purchasers at any sale nor vendors at any purchase made by 
them in their official capacity. 



Historical: Rec. St. 18 8 7, Sec. 366. 

California Legislation: Same except 
"township" for "district, precinct": 
Pol. Code 1872, Sec. 921; Deering's 
('ode, ib.; Kerr's Code, ib. 



Cross Reference : Penalty for offi- 
cers purchasing at sales: Sec. 63 84. 



Cited: Nuckols v. Lyle (1902) 
Ida. 589; 70 Pac. 401. 



Prohibited Contracts Voidable. 

Sec. 257. Every contract made in violation of any of the pro- 
visions of the two preceding sections may be avoided at the instance 
of any party except the officer interested therein. 

Historical: Rev. St. 1887, Sec. 367. 

California Legislation: Same: Pol. 
«''-<le 1872, Sec. 922; Deering's Code, 
ib.; Kerr's Code, ib. 

Dealing in Warrants Prohibited. 

Sec. 258. The State Treasurer and Auditor, the several county, 
city, district or precinct officers of this State, their deputies and 
clerks, are prohibited from purchasing or selling, or in any manner 
receiving to their own use or benefit, of any person or persons what- 
ever, any State, county, or city warrants, scrip, orders, demands, 
claims, or other evidences of indebtedness against the State, or any 
county or city thereof, except evidences of indebtedness issued to or 
held by them for services rendered as such officer, deputy or clerk, 
and evidences of the funded indebtedness of such State, county, city, 
district or corporation. 



Vol 1—10 



272 



PUBLIC OFFICERS 



Tit 2 



Historical: Rev. St. 1887, Sec. 36 8. 
See 8 Ter. Ses. (1875) 667, Sec. 1. 

California Legislation: Similar 

but "Controller" for "Auditor": Pol. 



Code 1872, Sec. 923; Deering's Code, 
ib.; Kerr's Code, ib. 

Cross Reference: Penalty for offi- 
cers dealing in scrip: Sec. 6384. 



Officers to Make Affidavit. 

Sec. 259. Every officer whose duty it is to audit and allow the 
accounts of other State, county, district, city or precinct officers, 
must, before allowing such accounts, require each of such officers 
to make and file with him an affidavit that he has not violated any 
of the provisions of this chapter. 



Historical: Rev. St. 1887, Sec. 369. 

California Legislation: Same Except 
'city or town" for "district, city or 



precinct", line 2: Pol. Code 1872, 
Sec. 924; Deering's Code, ib.; Kerr's 
Code, ib. 



Duty of Disbursing Officers. 

Sec. 260. Officers charged with the disbursement of public moneys 
must not pay any warrant or other evidence of indebtedness against 
the State, county, city or district, when the same has been purchased, 
sold, received or transferred contrary to any of the provisions of 
this chapter. 



Historical: Rev. St. 1887, Sec. 370. 

California Legislation: Same Except 
"or town" for "or district", line 3: 



Pol. Code 1872, Sec. 925; Deering's 
Code, ib.; Kerr's Code, ib. 



Prosecution of Offenders. 

Sec. 261. Every officer charged with the disbursement of public 
moneys, who is informed by affidavit that any officer whose account 
is to be settled, audited, or paid by him, has violated any of the pro- 
visions of this chapter, must suspend such settlement or payment, 
and cause such officer to be prosecuted for such violation. 



Historical: Rev. St. 1887, Sec. 371. 
See 8 Ter. Ses. (1875) 667, Sec. 5. 

California Legislation: Same Except 
"about" inserted after "is", line 3: 



Pol. Code 1872, Sec. 926; additional 
provision as amended: Deering's Code, 
ib.; Kerr's Code, ib. 



ARTICLE 3. 
NOMINATION'S AND COMMISSIONS. 



Section 

262. Nominations to be in writing. 

263. Resolution of concurrence. 

264. Commissions by Governor. 



Section 

265. Form of commission. 

266. Other. commissions. 

267. Appointment of deputies. 



Nominations to Be in Writing. 

Sec. 262. Nominations made by the Governor to the Senate must 
be in writing, designating the residence of the nominee and the office 
for which he is nominated. 



Historical: Rev. St. 1887, Sec. 335. 
California Legislation : Same: Pol. 



Code 1872, Sec. 889; Deering's Code, 
ib.; Kerr's Code, ib. 



Resolution of Concurrence. 

Sec. 263. Whenever the Senate concurs in a nomination, its Secre- 
tary must immediately deliver a copy of the resolution of concurrence, 
certified by the President and Secretary, to the Governor. 



Ch. 19. Art. 4. general provisions — oath of office 



273 



Appointment of Deputies. 

Sec. 267. The appointment of deputies, clerks, and subordinate 
1 officers, when not otherwise provided for, must be made in writing, 
filed in the office of the appointing power or the office of its clerk. 



Historical: Rev. St. 1887, Sec. 336. 
California Legislation : Similar: 



Pol. Code 1872, Sec. 890; Deering's 
Code, ib.; Kerr's Code, ib. 



Commissions by Governor. 

Sec. 264. The Governor must commission : 

1. All officers of the militia; 

2. All officers appointed by the Governor, or by the Governor 
with the advice and consent of the Senate. 



Historical: Rev. St. 188 7, Sec. 337. 
California Legislation: Same in 



part: Pol. Code 1872, Sec. 891; Deer- 
ing's Code, ib. ; Kerr's Code, ib. 



Form of Commission. 

Sec. 265. The commissions of all officers commissioned by the 
Governor must be issued in the name of the people of this State, 
and must be signed by the Governor and attested by the Secretary 
of State, under the great seal. 



Historical: Rev. St. 1887, Sec. 33 8. 
California Legislation: Same: Pol. 



Code 1872, Sec. 892; Deering's Code, 
ib.; Kerr's Code, ib. 



Other Commissions. 

Sec. 266. The commissions of all officers, where no special pro- 
vision is made by law, must be signed by the presiding officer of the 
body, or by the person, making the appointment. 



Historical: Rev. St. 1887, Sec. 339. 
California Legislation: Same: Pol. 



Code 1872, Sec. 893; Deering's Code, 
ib.; Kerr's Code, ib. 



Historical: Rev. St. 188 7, Sec. 3 40. 
California Legislation : Same: Pol. 



Code 1872, Sec. 894; Deering's Code, 
ib.; Kerr's Code, ib. 



ARTICLE 4. 
OATH OF OFFICE. 



Section 

268. Form of oath. 

269. Time of taking oath. 

270. Before whom taken. 



Section 

2 71. Same: County officers. 

2 72. Where filed. 

273. Oath of deputies. 



Form of Oath. 

Sec. 268. Before any officer elected or appointed to fill any office, 
created by the laws of the State of Idaho, enters upon the duties of 
his office, he must take and subscribe an oath, to be known as the 
official oath, which is as follows: 

I do solemnly swear (or affirm) that I will support the Constitu- 
tion of the United States, and the Constitution and the laws of this 
State; that I will faithfully discharge all the duties of the office 
of according to the best of my ability. So help me God. 

Historical: Rev. St. 1887, Sec. 350; 
amended Laws 1895, 14, Sec. 1; re- 
enacted Laws 1899, 234, Sec. 1. 

California Legislation: Similar: 
Pol. ('ode 1872, Sec. 904; Deering's 
Code, ib.; Kerr's Code, ib. 



Cross Reference: Oath of members 
of the Legislature: Const. Art. 3, Sec. 
2.",; of Mine Inspector: Sec. 200. 



274 



PUBLIC OFFICERS 



Tit. 2 



Time of Taking Oath. 

Sec. 269. Whenever a different time is pot prescribed by law, the 
oath of office must be taken, subscribed and filed within ten days 
after the officer has notice of his election or appointment, or before 
the expiration of fifteen days from the commencement of his term 
of office, when no such notice has been given. 



Historical: Rev. St. IS 
California Legislation : 



7, Sec. 353. 
Same: Pol. 



Code 1872, Sec. 907; Deering's Code, 
ib.; Kerr's Code, ib. 



Before Whom Taken. 

Sec. 270. Except when otherwise provided, the oath may be taken 
before any officer authorized to administer oaths. 



Historical: Rev. St. 1887, Sec. 35 4. 
California Legislation: Same: Pol. 



Code 1872, Sec. 908; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: County Officers. 

Sec. 271. The oath of office must be taken by county commission- 
ers before the county recorder of their respective counties, on the 
second Monday of January succeeding each general election, and on 
the same day the other county officers must take and subscribe the 
official oath before the chairman of the board. 



Historical: Laws 1899, 67, Sec. 4; 
re-enacting Laws 1895, 139, Sec. 1. 



Cited: Castle v. Bannock Co. (1901) 
8 Ida. 124; 67 Pac. 35. 



Where Filed. 

Sec. 272. Every oath of office, certified by the officer before whom 
the same was taken, must be filed within the time required by law, 
except when otherwise specially directed, as follows : 

1. The oath of all officers whose authority is not limited to any 
particular county, in the office of the Secretary of State; 

2. The oath of all officers elected or appointed for any county, 
district or precinct, in the offices of the recorder of their respective 
counties. 



Historical: Rev. St. 1887, Sec. 356. 

California Legislation: Similar: 

Pol. Code 1872, Sec. 909; additional 



provisions as amended: Deering's 
Code, ib.; Kerr's Code, ib. 



Oath of Deputies. 

Sec. 273. Deputies, clerks, and subordinate officers must take and 
file an official oath before entering upon their duties. 



Historical: Rev. St. 1887, Sec. 3 5 7. 
California Legislation: Different: 



Pol. Code 1872, Sec. 910; Deering's 
Code, ib.; Kerr's Code, ib. 



ARTICLE 5. 
SALARIES OF OFFICERS. 



Section 

274. Salaries of State elective officers. 

275. Salaries of judges. 

276. Time of payment of salaries. 



Section 

277. Salary when title is contested. 

278. Same: Certificate of Pending 
suit. 



Salaries of State Elective Officers. 

Sec. 274. The Governor, Secretary of State, State Auditor, State 



Ch. 19. Art. 5. 



GENERAL PROVISIONS — SALARIES 



275 



Treasurer, Attorney General, and Superintendent of Public Instruc- 
tion, shall, during their continuance in office, receive for their services 
compensation as follows: 

Governor, five thousand dollars per annum; 

Secretary of State, three thousand dollars per annum; 

State Auditor, three thousand dollars per annum, said salary to 
be audited by the State Treasurer ; 

Attorney General, four thousand dollars per annum ; 

State Treasurer, four thousand dollars per annum; 

Superintendent of Public Instruction, two thousand four hundred 
dollars per annum, and 

State Mining Inspector, two thousand four hundred dollars per 
annum. 

Such compensation shall be paid quarterly as due out of the State 
Treasury, and shall be in full for all services, by said officers re- 
spectively rendered in any official capacity or employment whatever 
during their respective terms of office; but no increase of com- 
pensation shall affect the salaries of such officers during their present 
term of office: Provided, however, That the actual and necessary 
expenses of the Governor, Lieutenant Governor, Secretary of State, 
Attorney General, and Superintendent of Public Instruction while 
traveling within the State, or between points within the State, in the 
performance of official duties, shall be allowed and paid by the State ; 
not, however, exceeding such sum as shall be appropriated for such 
purpose. 

No officer named in this section shall receive, for the performance 
of any official duty, any fee for his own use, but all fees fixed by 
law for the performance, by either of them, of any official duty, shall 
be collected in advance, and deposited with the State Treasurer quar- 
terly to the credit of the State. 



Historical: Laws 1907, 4 6 5, Sec. 1. 
The words "said salary to be audited 
by the State Treasurer", are added on 
the authority of Rev. St. 1887, Sec. 
218, which is otherwise repealed ex- 
cept as to the appointment of a dep- 
uty, which is covered by Sec. 118 of 
this Code. 



Cross Reference: Salaries as fixed 
by Constitution: Art. 4, Sec. 19. Of- 
ficers to receive no fees for their own 
use: ib. Diminution and increase of 
compensation: Const. Art. 5, Sec. 27; 
Legislature may provide for expenses, 
ib. 



Salaries of Judges. 

Sec. 275. The salary of the Justices of the Supreme Court shall 
be five thousand dollars per annum, and the salary of the Judges of 
the District Courts shall be four thousand dollars per annum. Such 
compensation shall be paid quarterly out of the State Treasury, but 
no Justice of the Supreme Court or Judge of the District Court shall 
be paid his salary or any part thereof, unless he shall have first taken 
and subscribed an oath that there is not in his hands any matter in 
controversy not decided by him, which has been finally submitted 
for his consideration and determination thirty days prior to his 
taking and subscribing said oath. 



Historical: Laws 190 7, 465, Sec. 2. 

Cross Reference: Salaries of Jus- 
tices of Supreme and Judges of Dis- 
trict Courts: Const. Art. 5, Sec. 17. 



Expenses of Justices of Supreme 
Court: Sec. 3823. Expenses of Dis- 
trict Judges: Sec. 3836. 



276 



PUBLIC OFFICERS 



Tit. 2 



Time of Payment of Salaries. 

Sec. 276. The salaries of all State and district officers, whose 
salaries are paid from the State Treasury, shall be paid quarterly, 
on the second Monday of January, April, July and October, of each 
year, out of any money in the Treasury not otherwise appropriated. 

Historical: Laws 1899, 142, Sec. 1; 
re-enacting Laws 1890-91, 204, Sec. 1. 

Salary When Title Is Contested. 

Sec. 277. When the title of the incumbent of any office in this 
State is contested by proceedings instituted in any court for that 
purpose, no warrant can thereafter be drawn or paid for any part 
of his salary until such proceedings have been finally determined. 



Historical: Rev. St. 1887, Sec. 380. 

California Legislation: Same: Pol. 
Code 1872, Sec. 936; Deering's Code, 
ib.; additional provision as amended: 
Kerr's Code, ib. 

Cited: Gorman v. Havird (1891) 10 
Supr. Ct. Rep. 943; 141 U. S. 206; 35 
S. C. R. (Law ed.) 717. 

Allowance of Expenses: While this 



section prohibits the payment of a sal- 
ary of a de facto officer during the 
pendency of a trial over the right to 
the office, it does not preclude the 
board of commissioners from allowing 
the de facto officer the amount of ex- 
penses incurred by him in behalf of 
the county in the administration of the 
office. Havird v. Board of Commis- 
sioners (1890) 2 Ida. 687; 24 Pac. 542. 



Same : Certificate of Pending Suit. 

Sec. 278. As soon as such proceedings are instituted, the clerk 
of the court in which they are pending must certify the facts to the 
officers, whose duty it would otherwise be to draw such warrant or 
pay such salary. 



Historical: Rev. St. 1887, Sec. 381. 

California Legislation: Same: Pol. 

Code 1872, Sec. 937; Deering's Code, 



ib.; similar 
Code. ib. 



as amended: Kerr's 



ARTICLE 6. 
REPORTS OF OFFICERS. 



Section 

279. Reports to be printed and de- 
livered to Secretary. 

Distribution of reports. 

Failure to make report a mis- 
demeanor. 



280. 
281. 



Section 

2 81a. Subpoenas for officers failing to 
report. 

2 81b. Sheriffs to serve subpoenas. 



Reports to Be Printed and Delivered to Secretary. 

Sec. 279. All annual and biennial reports of State officers and 
State boards of control, both elective and appointive, which are now 
authorized or which may be hereafter authorized by law to issue 
such reports, shall be compiled, printed and delivered to the Secre- 
tary of State, on or before the first day of December of the last year 
which said reports cover, to be by him delivered to the persons here- 
inafter mentioned, said reports to be of uniform size, quality and 
print. 

Historical: Laws 1903, 149, Sec. 2. 

Distribution of Reports. 

Sec. 280. There shall be delivered to the Secretary of State on 



Ch. 19. Art. 6. general provisions — reports 277 

or before the first day of December of the said year, to be by him 
receipted for, at least three hundred, copies of each of the said reports 
for distribution as follows: One copy of each to the Governor; one 
to each head of the executive departments of the government; one 
of each to each member of the Legislature, on the first day of the 
session, or sooner if practicable, and the remainder to such citizens 
as the Secretary of State may deem proper. 

Historical: Laws 1903, 149, Sec. 2. 

Failure to Make Report a Misdemeanor. 

Sec. 281. Any failure to comply with the provisions of the two 
preceding sections by the person or persons charged by law with 
the duty of making, compiling and delivering said reports as in said 
sections provided for, shall be a misdemeanor, and upon conviction 
thereof in any court of competent jurisdiction the person so failing 
shall be fined in any sum not less than two hundred dollars, nor 
more than three hundred dollars, and upon notification from the 
Secretary of State to the prosecuting attorney of any county wherein 
such offense shall have been committed, it shall be his duty to prose- 
cute such person or persons, and collect such fine as may by such 
court be imposed, and upon the collection thereof to deposit the 
same with the Secretary of State for the benefit of the general school 
fund. 

Historical: Laws 1903, 149, Sec. 3. 
Phraseology slightly changed to com- 
plete the sense. 

Subpoenas for Officers Failing to Report. 

Sec. 281a. In case any county or other officer of this State, who 
is authorized or directed by law to make certain or any reports to 
the State Auditor, or to the State Treasurer, or to the State Board 
of Land Commissioners, or to any other official or board of this 
State, shall fail or neglect to transmit such report, or reports, or 
funds, by registered mail, or draft, express or money order, within 
the time provided by law for the sending of such report, or reports, 
or funds, and in case the said report, or reports, or funds, have not 
been received by the State Auditor, or State Treasurer, or any officer 
or board to whom said report or reports, or funds, should be made 
or delivered, within five days after the last day of the time in which 
said report, or reports, or funds, are required by law to be trans- 
mitted or delivered, then and in that case the State Auditor, the 
State Treasurer, or the officer or board to whom such report, or 
reports, or funds, must be made as required by law, shall forthwith 
issue a subpoena for any officer or officers so failing or neglecting 
to transmit the same, requiring such officer or officers to 
appear forthwith before the State Auditor, or State Treasurer, or 
officer or board issuing said subpoena, and produce said report, or 
reports, or funds aforesaid. 

Historical: Laws 1899, 432, Sec. 1. 

Sheriffs to Serve Subpoenas. 

Sec. 281b. The sheriffs of the several counties are hereby desig- 



278 



PUBLIC OFFICERS 



Tit. 2 



nated as the officers by whom such subpoenas shall be served, and for 
such services said sheriffs shall be paid the same compensation as is 
by law provided for similar services in civil cases. The officer so 
failing or neglecting to transmit such report, or reports, or funds, 
must pay forthwith to the sheriff aforesaid the compensation for 
services allowed in this section, and shall be liable upon his official 
bond for the compensation due said sheriff. 



Historical: Laws 1899, 432, Sec. 2. 

CHAPTER 20. 
BONDS OF OFFICERS. 



Section 

282. Time for filing bond. 

283. Approval of bonds of State offi- 
cers. 

284. Same: Bonds of county officers. 

285. Record of official bonds. 

2 86. Approval endorsed on bond. 

287. Bond to be approved before fil- 
ties. 

288. Conditions, signatures and sure- 
ties. 

2 89. Justification of sureties. 

290. Sureties for less than penal sum. 

291. Custody of official bonds. 

292. Form of bond. 

2 93. Extent of sureties' liability. 
294. Same: Duties subsequently im- 
posed. 
2 95. Suits by persons injured. 

296. Same: Successive suits. 

297. Defects not to affect liability. 

298. Insufficiency of sureties: Pro- 
ceedings. 

299. Same: Additional bond. 



Secti 
300. 

301. 
302. 

303. 

304. 

305. 
306. 
307. 
308. 
309. 
310. 

311. 

312. 
313. 
314. 

315. 
316. 



on 

Same: Original bond not dis- 
charged. 

Same: Action on either bond. 

Same: Separate judgments on 
bonds. 

Same: Contribution between 
sureties. 

Discharge of sureties by new 

bond. 

Vacancies: Bond of appointee. 

Release of sureties. 

Same: Application for release. 

Service of statement. 

Office declared vacant. 

Remaining sureties lia- 



Accrued liabilities unaf- 



Same: 

Same: 

Same: 
ble. 

Same: 
fected. 

Application of chapter. 

Bonds of receivers, etc. 

Actions on bonds: Lis pendens. 

Same. 

Bonds of deputies. 



Time for Filing Bond. 

Sec. 282. Every official bond must be filed in the proper office 
within the time prescribed for filing the oath, unless otherwise ex- 
pressly provided by statute. 



Historical: Rev. St. 1887, Sec. 3 90. 
See 4 Ter. Ses. (1867) 5 0, Sec. 1. 
California Legislation: Same: Pol. 



Code 1872, Sec. 948; Deering's Code, 
ib.; Kerr's Code, ib. 



Approval of Bonds of State Officers. 

Sec. 283. Unless otherwise prescribed by statute, the official bonds 
of State officers must be approved by the Governor, and filed and 
recorded in the office of the Secretary of State. 



Historical: Rev. St. 1887, Sec. 391. 
See 4 Ter. Ses. (1867) 50, Sec. 1. 
California Legislation: Same: Pol. 



Code 2872, Sec. 948; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Bonds of County Officers. 

Sec. 284. Unless otherwise prescribed by statute, the official bonds 



Ch. 20. 



BONDS OF OFFICERS 



279 



of county and precinct officers must be approved by the board of 
county commissioners, and filed and recorded in the office of the 
county recorder, and must be in such penalties as are required by 
law, or, when not fixed by law, as required by the board. * 



Historical: Rev. St. 1887, Sec. 292. 
See 4 Ter. Ses. (1867) 50, Sec. 1. 

California Legislation: Different: 
Pol. Code 1872, Sec. 950; as amended: 
Deering's Code, ib.; Kerr's Code, ib. 



Approval: It is the duty of the 
board of county commissioners and 
not of the county attorney to approve 
official bonds. Miller v. Smith (1900) 
7 Ida. 204; 61 Pac. 824. 



Record of Official Bonds. 

Sec. 285. Official bonds must be recorded in a book kept for that 
purpose, and entitled "Record of Official Bonds." 



Historical: Rev. St. 1887, Sec. 393. 
California Legislation: Same: Pol. 



Code. 1872, Sec. 951; Deering's Code, 
ib.; Kerr's Code, ib. 



Approval Indorsed on Bond. 

Sec. 286. The approval of every official bond must be indorsed 
thereon and signed by the officer approving the same. 



Historical: Rev. St. 188 7, Sec. 394. 

See 4 Ter. Ses. (1867) 50, Sec. 2. 
California Legislation: Same: Pol. 



Code 1872, Sec. 952; Deering's Code, 
ib.; Kerr's Code, ib. 



Bond to Be Approved Before Filing. 

Sec. 287. No officer with whom any official bond is required to be 
filed must file such bond until approved. 



Historical: Rev. St. 1887, Sec. 395. 
See 4 Ter. Ses. (1867) 50, Sec. 3. 

California Legislation: Same: Pol. 



Code 1872, Sec. 953; Deering's Code, 
ib.; Kerr's Code, ib. 



Conditions, Signatures and Sureties. 

Sec. 288. The condition of an official bond must be that the 
principal will well, truly and faithfully perform all official duties then 
required of him by law, and also all such additional duties as may 
be imposed on him by any law of the State. Such bond must be 
signed by the principal and at least two sureties, to the full penalty 
of the bond. No person shall be accepted as surety on such bond 
unless he shall, during the year immediately preceding, have been 
assessed for and paid taxes, in his own right, upon property to the 
amount for which he has become surety. 



Historical: Rev. St. 1887, Sec. 396. 
Act Feb. 3, 1887. 

California Legislation : Same 

through "sureties", line 5, rest omit- 
ted: Pol. Code 1872, Sec. 954; Deer- 
ing's Code, ib.; Kerr's Code, ib. 

Defective Bond: The failure of an 
official bond to contain all of the stat- 
utory conditions required of such bond 



is no defense to an action to enforce 
a liability admittedly covered by the 
bond. People v. Slocum (1886) 1 
Ida. 62. 

Absence of Signature: The failure 
of the principal on an official bond to 
sign the same as principal does not 
invalidate the bond. State v. McDon- 
ald (1895) 4 Ida. 468; 40 Pac. 312. 



Justification of Sureties. 

Sec. 289. The officer whose duty it is to approve official bonds 
required of State, county, district or precinct officers, must not 
accept or approve any such bond unless each of the sureties severally 



280 



PUBLIC OFFICERS 



Tit. 2 



justify, before an officer authorized to administer oaths, as follows: 

1. On a bond given by a State officer, that such surety is a resident 
and freeholder or householder within this State ; and on a bond given 
by a county, district, or precinct officer, that such surety is a resident 
and freeholder or householder within such county or within an ad- 
joining county; 

2. That such surety is worth the amount for which he becomes 
surety over and above all his debts and liabilities in unincumbered 
property situated within this State, exclusive of property exempt 
from execution and forced sale. 



Justification of Sureties: A com- 
pliance with this section in the mat- 
ter of justification is all that is re- 
quired in the first instance, but after 
the approval of a county officer's bond 
by the commissioners, they may re- 
quire a further justification if, for 
any cause, they believe the sureties 
insufficient. Gorman v. Board of Com- 
missioners (1874)) 1 Ida. 553. 



Historical: Rev. St. 1887, Sec. 397. 
See 4 Ter. Ses. (1867) 50, Sec. 7. 

California Legislation: Same except 
"or township" for "district or pre- 
cinct," lines 2 and 7: Pol. Code 1872. 
Sec. 955; additional subd. as amend- 
ed: Deering's Code ib; further 
amended: Kerr's Code, ib. 

Cross Reference: Sufficiency of cor- 
porate sureties: Sec. 2940. Reim- 
bursement of officers for premiums 
paid for official bonds: Sec. 2941. 

Sureties for Less Than Penal Sum. 

Sec. 290. When the penal sum of any bond required to be given 
amounts to more than one thousand dollars the sureties may be- 
come severally liable for portions of not less than five hundred 
dollars thereof, making in the aggregate at least two sureties for the 
whole penal sum. And if any such bond becomes forfeited, an 
action may be brought thereon against all or any number of the 
obligors, and judgment entered against them, either jointly or sev- 
erally, as they may be liable. The judgment must not be entered 
against a surety severally bound for a greater sum than that for 
which he is specially liable by the terms of the bond. Each surety 
is liable to contribution to his co-sureties in proportion to the 
amount for which he is liable. 



Historical: Rev. St. 18 87, Sec. 3 9 8. 
4 Ter. Ses. (1867) 50, Sec. 8. 

California Legislation: Same except 
"specifically" for "specially," line 10: 
Pol. Code 1872, Sec. 956; Deering's 
Code, ib.; additional sentence as 
amended: Kerr's Code, ib. 

Liability of Sureties: Where the 
sureties on an official bond, contain- 
ing joint and several obligations, jus- 



tify in sums less than the penalty of 
the bond, they are, nevertheless, lia- 
ble for the full penalty of the bond; 
the sums set opposite their respective 
names in the justification merely indi- 
cate the sums for which they intend 
to justify, and fix their liability toward 
each other for contribution. People 
v. Slocum (1866) 1 Ida. .62. 



Custody of Official Bonds. 

Sec. 291. Every officer with whom official bonds are filed must 
carefully keep and preserve the same, and give certified copies 
thereof to any person demanding the same, upon being paid the same 
fees as are allowed by law for certified copies of papers in other 
cases. 



Historical: Rev. St. 188 7, Sec. 399. 
See 4 Ter. Ses. (1867) 50, Sec. 5. 

California Legislation: Same: Pol. 



Code 1872, Sec. 957; Deering's Code, 
ib.; Kerr's Code,, ib. 



Ch. 20. 



BONDS OF OFFICERS 



281 



Form of Bond. 

Sec. 292. All official bonds must be in form joint and several, and 
made payable to the State of Idaho in such penalty and with such con- 
ditions as required by this chapter, or the law creating or regulating 
the duties of the office. 



Historical: Rev. St. 18 87, Sec. 400. 
See 4 Ter. Ses. (1867) 50, Sec. 6. 

California Legislation: Same except 



"California" for "Idaho," line 2: Pol- 
Code 1872, Sec. 958; Deering's Code, 
ib.; Kerr's Code, ib. 



Extent of Sureties' Liability. 

Sec. 293. Every official bond executed by any officer pursuant to 
law is in force and obligatory upon the principal and sureties therein 
for any and all breaches of the conditions thereof committed during 
the time such officer continues to discharge any of the duties of or 
hold the office, and whether such breaches are committed or suffered 
by the principal officer, his deputy, or clerk. 



Historical: Rev. St. 188 7, Sec. 401. 
See 4 Ter. Ses. (1867) 50, Sec. 9. 

California Legislation: Same: Pol. 
Code 1872, Sec. 959; Deering's Code, 
ib.; Kerr's Code, ib. 

Breach of Sheriffs Bond: The seiz- 
ure and sale by a deputy sheriff, un- 
der a lawful writ of attachment, of 
goods worth three times the amount 
of plaintiff's claim, constitutes a 



breach of the sheriff's bond for which 
his sureties are liable. Work Bros, 
v. Kinney (1900) 7 Ida. 460; 63 Pac. 
5 96. 

Liability of Sureties: The sureties 
on the sheriff's bond are not liable for 
the delinquencies and defalcations of 
the sheriff during a former term of 
office. Work Bros. v. Kinney (1902) 
8 Ida. 771; 71 Pac. 477. 



Same: Duties Subsequently Imposed. 

Sec. 294. Every such bond is in force and obligatory upon the 
principal and sureties therein for the faithful discharge of all duties 
which may be required of such officer by any law enacted subse- 
quently to the execution of such bond, and such condition must be 
expressed therein. 



Cited: Work Bros. v. Kinney (1900) 
7 Ida. 460; 63 Pac. 596. 



Historical: Rev. St. 188 7, Sec. 402. 
4 Ter. Ses. (1867) 50, Sec. 10. 

California Legislation: Same: Pol. 
Code 1872, Sec. 960; Deering's Code, 
ib.; Kerr's Code, ib. 

Suits by Persons Injured. 

Sec. 295. Every official bond executed by any officer pursuant to 
law is in force and obligatory upon the principal and sureties 
therein to and for the State of Idaho, and to and for the use and 
benefit of all persons who may be injured or aggrieved by the wrong- 
ful act or default of such officer in his official capacity, and any person 
so injured or aggrieved may bring suit on such bond, in his own name, 
without an assignment thereof. 



Historical: Rev. St. 1887, Sec. 403. 
4 Ter. Ses. (1867) 50, Sec. 11. 

California Legislation: Same except 
"California" for "Idaho", line 3: Pol- 



Code 1872, Sec. 961; Deering's Code, 
ib.; Kerr's Code, ib. 

Cited: Palmer v. Pettingill (1898) 
6 Ida. 346; 55 Pac. 653. 



Same: Successive Suits. 

Sec. 296. No such bond is void on the first recovery of a judgment 
thereon ; but suit may be afterwards brought, from time to time, and 



282 



PUBLIC OFFICERS 



Tit. 2 



judgment recovered thereon by the State of Idaho, or by any person 
to whom a right of action has accrued, against such officer and his 
sureties, until the whole penalty of the bond is exhausted. 



Historical: Rev. St. 1887, Sec. 4 4. 
4 Ter. Ses. (1867) 50, Sec. 12. 

California Legislation : Same except 



"California" for "Idaho," line 3: Pol. 
Code 1872, Sec. 962; Deering's Code, 
ib.; Kerr's Code, ib. 



Defects Not to Affect Liability. 

Sec. 297. Whenever an official bond does not contain the substan- 
tial matter or conditions required by law, or there are any defects 
in the approval or filing thereof, it is not void so as to discharge 
such officer and his sureties; but they are equitably bound to the 
State, or a party interested, and the State or such party may, by 
action in any court of competent jurisdiction, suggest the defect in 
the bond, approval or filing, and recover the proper and equitable 
demand or damages from such officer and the persons who intended 
to become, and were, included as sureties in such bond. 



Historical: Rev. St. 188 7, Sec. 405. 
See 4 Ter. Ses. (1867) 50, Sec. 13. 
California Legislation : Same: Pol. 



Code 1872, Sec. 963; Deering's Code, 
ib. ; Kerr's Code, ib. 



Insufficiency of Sureties: Proceedings. 

Sec. 298. Whenever it is shown by the affidavit of a credible 
witness, or otherwise comes to the knowledge of the judge, court, 
board, officer, or other person whose duty it is to approve the official 
bond of any officer, that the sureties, or any one of them, has, since 
such bond was approved, died, removed from the State, become insol- 
vent, or from any other cause has become incompetent or insufficient 
surety on such bond, the judge, court, board, officer, or other person 
may issue a citation to such officer, requiring him, on a day therein 
named, not less than three nor more than ten days after date, to 
appear and show cause why such office should not be vacated, which 
citation must be served and return thereof made as in other cases. 
If the officer fails to appear and show good cause why such office 
should not be vacated, on the day named, or fails to give ample addi- 
tional security, the judge, court, board, officer, or other person must 
make an order vacating the office, and the same must be filled as 
provided by law. 



Historical: Rev. St. 1887, Sec. 406. 
See 4 Ter. Ses. (1867) 50, Sec. 16. 

California Legislation: Same: Pol. 



Code 1872, Sec. 964; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Additional Bond. 

Sec. 299. The additional bond must be in such penalty as directed 
by the court, judge, board, officer, or other person, and in all other 
respects similar to the original bond, and approved by and filed 
with the same officer as required in case of the approval and filing 
of the original bond. Every such additional bond so filed and ap- 
proved is of like force and obligation upon the principal and sureties 
therein, from the time of its execution, and subjects the officer and 
his sureties to the same liabilities, suits, and actions as are pre- 
scribed respecting the original bonds of officers. 



Ch. 20. 



BONDS OF OFFICERS 



283 



Historical: Rev. St. 1887, Sec. 407. 
See 4 Ter. Ses. (1867) 50, Sec. 20. 
California Legislation : Same: Pol. 



Code 1872; Sec. 965; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Original Bond Not Discharged. 

Sec. 300. In no case is the original bond discharged or affected 
when an additional bond has been given, but the same remains of like 
force and obligation as if such additional bond had not been given. 



Historical: Rev. St. 1887, Sec. 408. 
4 Ter. Ses. (1867) 50, Sec. 21. 

California Legislation: Same: Pol. 



Code 1872. Sec. 966; Deering's Code, 
ib.; Kerr's Code, ib. 



Same : Action on Either Bond. 

Sec. 301. The officer and his sureties are liable to any party in- 
jured by the breach of any condition of an official, bond, after the 
execution of the additional bond, upon either or both bonds, and such 
party may bring his action upon either bond, or he may bring separate 
actions on the bonds respectively, and he may allege the same cause 
of action, and recover judgment therefor in each suit. 



Historical: Rev. St. 1887, Sec. 40 9. 
See 4 Ter. Ses. (1867) 50, Sec. 22. 
California Legislation: Same: Pol. 



Code 1872, Sec. 967; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Separate Judgments on Bonds. 

Sec. 302. If separate judgments are recovered on the bonds by 
such party for the same cause of action, he is entitled to have ex- 
ecution issued on such judgments respectively, but he must only col- 
lect, by execution or otherwise, the amount actually adjudged to him 
on the same causes of action in one of the suits, together with the 
costs of both suits. 



Historical: Rev. St. 1887, Sec. 410. 
4 Ter. Ses. (1867) 50, Sec. 23. 

California Legislation: Same: Pol. 



Code 1872, Sec. 968; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Contribution Between Sureties. 

Sec. 303. Whenever the sureties on either bond have been com- 
pelled to pay any sum of money on account of the principal obligor 
therein, they are entitled to recover, in any court of competent juris- 
diction, of the sureties on the remaining bond, a distributive part of 
the sum thus paid, in the proportion which the penalties of such bonds 
bear one to the other and to the sums thus paid, respectively. 



Historical: Rev. St. 1887, Sec. 411. 
4 Ter. Ses. (1867) 50, Sec. 24. 

California Legislation: Same: Pol. 



Code 1872, Sec. 969; Deering's Code, 
ib.; Kerr's Code, ib. 



Discharge of Sureties by New Bond. 

Sec. 304. Whenever any sureties on the official bond of any officer 
wish to be discharged from their liability, they and such officer may 
procure the same to be done if such officer will execute a new bond, 
with sufficient sureties, in like form, penalty, and conditions, and to 
be approved and filed, as the original bond. Upon the filing and ap- 
proval of the new bond such first sureties are exonerated from all 
further liability, but their bond remains in full force as to all liabili- 



284 



PUBLIC OFFICERS 



Tit. 2 



ties incurred previous to the approval of such new bond. . The liability 
of the sureties in such new bond is in all respects the same, and may 
be enforced in like manner as the liability of the sureties in the 
original bond. 



Historical: Rev. St. 1887, Sec. 412. 
See 4 Ter. Ses. (1867) 50, Sec. 27 et 
seq. 



California Legislation: Same: Pol. 
Code 1872, Sec. 970; Deering's Code, 
ib.; Kerr's Code, ib. 



Vacancies : Bond of Appointee. 

Sec. 305. Any person appointed to fill a vacancy, before entering 
upon the duties of the office, must give a bond corresponding in sub- 
stance and form with the bond required of the officer originally elected 
or appointed, as hereinbefore provided. 



Historical: Rev. St. 188 7, Sec. 413. 
4 Ter. Ses. (1867) 50, Sec. 26. 

California Legislation: Same: Pol. 



Code 18 72, Sec. 971; Deering's Code, 
ib.; Kerr's Code, ib. 



Eelease of Sureties. 

Sec. 306. Any surety on the official bond of a city, district, pre- 
cinct, county or State officer may be relieved from liabilites thereon 
afterwards accruing by complying with the provisions of the three 
sections following. 



Historical: Rev. St. 1887, Sec. 414. 
See 4 Ter. Ses. (1867) 50, Sec. 27. 

California Legislation: Same except 



"town" for "district, precinct," line 1: 
Pol. Code 1872, Sec. 972; Deering's 
Code, ib. ; Kerr's Code, ib. 



Same : Application for Release. 

Sec. 307. Such surety must file with the judge, court, board, officer 
or other person authorized by law to approve such official bond, a 
statement in writing setting forth the desire of the surety to be re- 
lieved from all liabilities thereon afterwards arising, and the reasons 
therefor, which statement must be subscribed and verified by the 
affidavit of the party filing the same. 



Historical: Rev. St. 1887, Sec. 415. 
4 Ter. Ses. (1867) 50, Sec. 28. 

California Legislation: Same: Pol. 



Code 1872, Sec. 973; 
ib.; Kerr's Code, ib. 



Deering's Code, 



Service of Statement. 

308. A copy of the statement must be served on the officer 



Same: 

Sec 
named in such official bond and due return or affidavit of service made 
thereon as in other cases. 



Historical: Rev. St. 1887, Sec. 416. 
4 Ter. Ses. (1867) 50, Sec. 29. 

California Legislation: Same: Pol. 



Code, 1872, Sec. 974; Deering's Code, 
ib.; Kerr's Code, ib. 



Same: Office Declared Vacant. 

Sec. 309. In twenty days after the service of such notice the judge, 
court, board, officer, or other person with whom the same is filed, must 
make an order declaring such office vacant, and releasing such surety 
from all liability thereafter to arise on such official bond, and such 
office thereafter is in law vacant, and must be immediately filled by 
election or appointment, as provided for by law, as in other cases of 
vacancy of such office, unless such officer has, before that time, given 



Ch. 20. 



BONDS OF OFFICERS 



285 



good and ample surety for the discharge of all his official duties as 
required originally. 



Historical: Rev. St. 1887, Sec. 417. 
4 Ter. Ses. (1867) 50, Sec. 30. 

California Legislation : Same except 



"ten" for "twenty", line 1: Pol. Code 
1872, Sec. 975; Deering's Code, ib.; 
Kerr's Code, ib. 



Same: Remaining Sureties Liable. 

Sec. 310. The release, discharge, voluntary withdrawal, or incom- 
petency, of a surety on any official bond, does not affect the bond as 
to the remaining sureties thereon, or alter or change their liability 
in any respect. 



Historical: Rev. St. 188 7, Sec. 418. 
California Legislation: Same. Pol. 



Code 1872, Sec. 977; Deering's Code, 
ib. ; Kerr's Code, ib. 



Same: Accrued Liabilities Unaffected. 

Sec. 311. No surety must be released from damages or liabilities 
for acts, omissions, or causes existing or which arose before the mak- 
ing of the order releasing him from liability, but such legal proceed- 
ings may be had therefor in all respects as though no such order had 
been made. 



Historical: Rev. St. 188 7, Sec. 419. 
4 Ter. Ses. (1867) 50, Sec. 31. 

California Legislation: Same except 
"mentioned in Section 975" for "re- 



leasing him from liability", line 3; 
Pol. Code 1872, Sec. 980; Deering's 
Code, ib.; Kerr's Code, ib. 



Application of Chapter. 

Sec. 312. The provisions of this chapter apply to the bonds of re- 
ceivers, executors, administrators and guardians. 



Historical: Rev. St. 1887, Sec. 42 0. 
4 Ter. Ses. (1867) 50, Sec. 32. 

California Legislation: Same except 
"article for "chapter", line 1: Pol. 
<"ode 1872, Sec 981; Deering's Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Bonds of receiv- 
ers: Sec. 4332; of executors and ad- 
ministrators: Sec. 53 71; of guardians: 

Sec. 5777. 



Bonds of Receivers, Etc. 

Sec. 313. All bonds or undertakings given by trustees, receivers, 
assignees, or officers of a court in an action or proceeding for the 
faithful discharge of their duties, where it is not otherwise provided, 
must be in the name of and payable to the State of Idaho ; and upon 
the order of the court where such action or proceeding is pending 
may be prosecuted for the benefit of any and all persons interested 
therein. 



Historical: Rev. St. 1887, Sec. 421. 
4 Ter. Ses. (1867) 50, Sec. 33. 

California Legislation: Same except 



"California" for "Idaho", line 4: Pol. 
Code 1872, Sec. 982; Deering's Code, 
ib.; Kerr's Code, ib. 



Actions on Bonds: Lis Pendens. 

Sec. 314. When an action is commenced in any court in this State 
for the benefit of the State, to enforce the penalty of, or to recover 
money upon, an official bond or obligation, or any bond or obligation 
executed in favor of the State of Idaho, or of the people of this State, 
the attorney or other person prosecuting the action may file with 
the court in which the action is commenced an affidavit, stating either 



286 



PUBLIC OFFICERS 



Tit. 2 



positively or on information and belief that such bond or obligation 
was executed by the defendant or one or more of the defendants 
(designating whom), and made payable to the people of this State, 
or to the State of Idaho, and that the defendant or defendants have 
real estate or interest in lands (designating the county or counties in 
which the same is situated), and that the action is prosecuted for 
the benefit of the State; and thereupon the clerk receiving such affi- 
davit must certify, to the recorder of the county in which such real 
estate is situated, the names of the parties to the action, the name 
of the court in which the action is pending and the amount claimed 
in the complaint, with the date of the commencement of the suit. 



Cited: Western Loan & Sav. Co. v. 
Kendrick State Bank (1907) 13 Ida. 
. . .; 90 Pac. 112. 



Historical: Rev. St. 1887, Sec. 422. 
4 Ter. Ses. (1867) 50, Sec. 34. 

California Legislation: Same except 
"California" for "Idaho": Pol. Code 
1872, Sec. 983; Deering's Code, ib.; 
Kerr's Code, ib. 

Same. 

Sec. 315. Upon receiving such certificate the county recorder must 
indorse upon it the time of its reception, and such certificate must 
be filed and recorded in the same manner as notices of the pendency 
of an action affecting real estate; and any judgment recovered in such 
action is a lien upon all real estate belonging to the defendant or to 
one or more of the defendants, situated in any county in which such 
certificate is so filed, for the amount that the owner thereof is or 
may be liable upon the judgment, from the filing of the certificate; 
and the fees due the clerk and recorder for the services required are 
a charge against the county where the suit is brought, to be recovered 
like other costs. 



Historical: Rev. St. 1887, Sec. 423. 
See 4 Ter. Ses. (1867) 50, Sec. 35. The 
clause "belonging- to the defendant", 
etc., is transposed for grammatical 
reasons. 



California Legislation: Same: Pol. 
Code 1872, Sec. 984; Deering's Code, 
ib.; Kerr's Code, ib. 



Bonds of Deputies. 

Sec. 316. Every officer or body appointing a deputy, clerk or 
subordinate officer, may require an official bond to be given by the 
person appointed, and may fix the amount thereof. 



Historical: Rev. St. 1887, Sec. 42 4. 
California Legislation: Same: Pol. 



Code 1872, Sec. 985; Deering's Code, 
ib.; Kerr's Code, ib. 



CHAPTER 21. 
RESIGNATIONS AND VACANCIES. 



Section 

317. How vacancies occur. 

318. Resignations. 

319. Notice of removal. 

320. Vacancies in State offices. 

321. Vacancies: How filled. 

32 2. Same: County and precinct of- 
ficers. 
322a Same: Appointments to be pe- 
titioned for. 



Section 

323. Residence of appointed commis- 
sioner. 

324. Vacancies occurring immediate- 
ly before election. 

325. Vacancies in legislative office: 
Special election. 

32 6. Same: Representative in Con- 
gress. 



Ch. 21. 



RESIGNATIONS AND VACANCIES 



287 



Section 

327. Vacancies not otherwise pro- 
vided for. 

328. Appointments to be in writing - . 

329. Tenure of appointee. 



Section 

330. When vacancies occur posses- 
sion to be taken. 

331. Powers of appointee. 

332. Temporary inability of officers. 



How Vacancies Occur. 

Sec. 317. Every civil office shall be vacant upon the happening of 
either of the following events at any time before the expiration of the 
term of such office, as follows: 

1. The resignation of the incumbent. 

2. His death. 

3. His removal from office. 

4. The decision of a competent tribunal declaring his office 
vacant. 

5. His ceasing to be a resident of the State, district or county in 
which the duties of his office are to be exercised, or for which he may 
have been elected. 

6. A failure to elect at the proper election, there being no in- 
cumbent to continue in office until his successor is elected and qualified, 
nor other provisions relating thereto. 

7. A forfeiture of office as provided by any law of the State. 

8. Conviction of any infamous crime, dr of any public offense 
involving the violation of his oath of office. 

9. The acceptance of a commission to any military office, either 
in the militia of this State, or in the service of the United States, 
which requires the incumbent in the civil office to exercise his military 
duties out of the State for a period of not less than sixty days. 



Historical: Laws 18 99, 67, Sec. 1; 
re-enacting- Laws 1890-91, 57, Sec. 169. 

California Legislation: See Pol. 
Code 1872, Sec. 996; Deering's Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Failure of county 
officer who is granted leave of ab- 
sence to appoint a deputy during his 
absence creates a vacancy in the of- 
fice: Sec. 19 77. 



Resignations. 

Sec. 318. Resignations of civil offices must be in writing, and may 
be made as follows : 

1. By the Governor to the Legislature, if in session; if not, to 
the Secretary of State. 

2. By Senators and Representatives in Congress, and by all 
officers elected by the qualified voters of the State, and by Judges of 
the Supreme Court and District Courts, and Regents of the Uni- 
versity, to the Governor. 

3. By members of the Senate and House of Representatives, to 
the presiding officers of their respective bodies, in session, who 
shall immediately transmit information of the same to the Governor. 
If such bodies are not in session, to the Governor. 

4. By all county and precinct officers, to the county board, and by 
members of the county board, to the county auditor. 

5. By all township officers, to the township clerk; and by the 
township clerk to the town board. 

6. By all officers holding appointment, to the officer or body by 
whom they were appointed. 



288 



PUBLIC OFFICERS 



Tit. 2 



Such resignation shall not take effect until accepted by the board 
or officer to Whom the same is made. 



Historical: Laws 1899, 67, Sec. 2; 
re-enacting Laws 1890-91, 57, Sec. 170. 
The phrase "must be in writing" is 
taken from Rev. St. 1887, Sec. 430, 
which is repealed, in other respects, 
by this section. "District Attorneys" 
omitted from subd. 2, the office being 



superseded by that of prosecuting at- 
torney, which is a county office. 

California Legislation: See Pol. 
Code 1872, Sec. 995; Deering's Code, 
ib.; Kerr's Code, ib. 



Notice of Removal. 

Sec. 319. Whenever an officer is removed, convicted of any in- 
famous crime or offense involving a violation of his oath of office, 
or whenever his election or appointment is declared void, the body, 
judge, or officer before whom the proceedings were had, must give 
notice thereof to the officer empowered to fill the vacancy. 



Historical: Rev. St. 188 7, Sec. 432; 
re- written to conform to Laws 18 99, 
67, Sec. 1. (Sec. 317, subd. 8, ante.) 



California Legislation: Similar: 
Pol. Code 1872, Sec. 997; Deering's 
Code, ib.; Kerr's Code, ib. 



Vacancies in State Offices. 

Sec. 320. All vacancies in any State office, and in the Supreme and 
District Courts, unless otherwise provided for by law, shall be filled 
by appointment by the Governor, until the next general election after 
such vacancy occurs, when such vacancy shall be filled by election. 



Historical: Laws 1899, 6 7, Sec. 3; 
re-enacting Laws 1890-91, 57, Sec. 12, 
omitting the words "or in the office 
of district attorney". That office is 
abolished, and prosecuting attorneys 
are county officers. 



California Legislation: See Pol. 
Code 1872, Sec. 1001; as amended: 
Deering's Code, ib.; Kerr's Code, ib. 



Vacancies: How Filled. 

Sec. 321. Vacancies shall be filled in the following manner: In 
the office of the Clerk of the Supreme Court, by the Supreme Court. 
In all other State and judicial district offices, and in the membership 
of any board or commission created by the State, where no other 
method is specially provided, by the Governor. In county and precinct 
offices, by the county board; and in the membership of such board, 
by the Governor. In city and village offices, by the mayor and council 
or board of trustees. 



Historical: Laws 1899, 67, Sec. 4; 
re-enacting Laws 1890-91, 57, Sec. 171. 
Omitting the provision relating to 



"township offices" as there are no 
such offices. "Clerk" for "reporter" 
of Supreme Court. 



Same: County and Precinct Offices. 

Sec. 322. All vacancies in any county or precinct office of any of 
the several counties of the State, except that of the county commis- 
sioners (who shall be appointed by the Governor), shall be filled by 
appointment by the county commissioners of the county in which the 
vacancy occurs until the next general election, when such vacancy 
shall be filled by election. 

Historical: Laws 1899, 67, Sec. 9. 

Same: Appointments to Be Petitioned For. 

Sec. 322a. No appointment to fill a vacancy in office must be made 



Ch. 21. 



RESIGNATIONS AND VACANCIES 



289 



by the board except upon petition, signed by at least thirty qualified 
electors of the county, if for a county office, or by not less than fifteen 
of the qualified electors of the precinct, or district, if for a precinct 
or district office. 



Historical: Rev. St. 1887, Sec. 1765. 

California Legislation: Same except 
"township" for "precinct": Pol. Code 



1872, Sec. 4066; Deering's Code, ib. 
Kerr's Code, ib. 



Residence of Appointed Commissioner. 

Sec. 323. Whenever the Governor appoints a county commissioner 
to fill a vacancy in any county, he shall appoint a person who is a 
resident of the commissioner district of the county in which the 
vacancy exists. 

Historical: Laws 1899, 67, Sec. 10. 

Vacancies Occurring Immediately Before Election. 

Sec. 324. Vacancies occurring in any State, judicial district, 
county, precinct, township or any public elective office, thirty days 
prior to any general election, shall be filled thereat. Vacancies occur- 
ring in the office of probate judge or justice of the peace, shall be 
filled by appointment by the county commissioners. 

Historical: Laws 1899, 6 7, Sec. 8; 
re-enacting Laws 1890-91, 57, Sec. 175. 

Vacancy in Legislative Office: Special Election. 

Sec. 325. When a vacancy occurs in the office of a member of the 
Legislature, and the body in which such vacancy exists is in session, 
or will convene prior to the next general election, the Governor shall 
order a special election to fill such vacancy at the earliest practicable 
time, and ten days' notice of such election shall be given. 



Historical: Laws 1899, 67, Sec. 12. 
Omitting "Representative in Con- 
gress" which is covered by the fol- 
lowing section, and inserting the 
words "is in session", which are added 
on the authority of Rev. St. 1887, Sec. 
433, which is otherwise repealed by 
this section. 



California Legislation: See Pol. 
Code 1872, Sec. 998; Deering's Code, 
ib.; Kerr's Code, ib. 

Cross Reference: Conduct of special 
election: Sees. 480-484. 



Same: Representative in Congress. 

Sec. 326. Whenever any vacancy shall occur in the office of Rep- 
resentative in Congress from the State, it shall be the duty of the 
Governor to appoint a day to hold a special election to fill such vacancy, 
and cause notice of such election to be given as required in Sections 
354 and 355 of these Codes. 

Historical: Laws 1899, 67, Sec. 11; 
re-enacting Laws 1890-91, 57, Sec. 176. 

Vacancies Not Otherwise Provided For. 

Sec. 227. When any office becomes vacant, and no mode is pro- 
vided by law for filling such vacancy, the Governor must fill such 
vacancy by granting a commission, to expire at the end of the next 
session of the Legislature or at the next election by the people. 



290 



PUBLIC OFFICERS 



Tit. 2 



Historical: Rev. St. 1887, Sec. 434. 
California Legislation: Same: Pol. 



Code 1872, Sec. 999; Deering's Code, 
ib.; Kerr's Code, ib. 



Appointments to Be in Writing. 

Sec. 328. Appointments under the provisions of this chapter shall 
be in writing, and continue until the next election, at which the va- 
cancy shall be filled, and until a successor is elected and qualified, and 
be filed with the Secretary of State, or proper county auditor, re- 
spectively. 



Historical: Laws 1899, 67, Sec. 6; 
re-enacting Laws 1890-91, 5 7, Sec. 173. 



Omitting "or proper township clerk" 
as there is no such office. 



Tenure of Appointee. 

Sec. 329. Any of the said officers that may be elected or appointed 
to fill vacancies may qualify and enter upon the discharge of the 
duties of their offices immediately thereafter; and, if elected, they 
may hold the same during the unexpired term for which they were 
elected, and until their successors are elected and qualified; but if 
appointed they shall hold the same only until their successors are 
elected and qualified. 

Historical: Laws 18 99, 6 7, Sec. 13, 
omitting the last four lines, which are 
covered by Sec. 325 ante. 

When Vacancies Occur Possession to Be Taken. 

Sec. 330. When a vacancy occurs in a public office, possession shall 
be taken of the office room, and of the books, papers, and all things 
pertaining to the office, to be held until the election or appointment 
and qualification of a successor, as follows : 

Of the office of county recorder and auditor, by his deputy, if there 
be one ; if not, by the county commissioners ; and in case of any delay 
in the election or appointment of a successor to the recorder and 
auditor, his deputy shall continue to discharge the duties of the office, 
being responsible for the conduct and management thereof upon his 
official bond. Of the office of county treasurer, by the sheriff. Of 
any of the State officers, by the Governor, or in his absence or in- 
ability at the time of the occurrence as follows : Of the Secretary 
of State, by the Treasurer; of the Auditor, and Superintendent of 
Public Instruction, by the Secretary of State; of the Treasurer, by 
the Secretary of State and Auditor, who shall make an inventory of 
the money and warrants therein, sign the same and transmit it to 
the Governor, if he be in the State; and the Secretary of State shall 
take the keys of the safes and desks, after depositing the books, papers, 
money and warrants therein, and the Auditor shall take the key of 
the office room. 



Historical: Laws 1899, 67, Sec. 7; 
re-enacting Laws 1890-91, 57, Sec. 174, 
omitting the "Commissioner of Pub- 
lic Lands and Buildings," as there is 



no such officer. "Recorder and Aud- 
itor" substituted for "county clerk" to 
conform to proper nomenclature. 



Powers of Appointee. 

Sec. 331. Any person elected or appointed to fill a vacancy, after 
filing his official oath and bond, possesses all the rights and powers, 



Ch. 22. 



MISCELLANEOUS PROVISIONS 



291 



and is subject to all the liabilities, duties and obligations, of the officer 
whose vacancy he fills. 



Historical: Rev. St. 188 7, Sec. 436. 
California Legislation: Same Pol. 



Code 1872, Sec. 1004; Deering's Code, 
ib.; Kerr's Code, ib. 



Temporary Inability of Officers. 

Sec. 332. Whenever for any reason the Secretary of State, State 
Auditor, Attorney General and Superintendent of Public Instruction 
are temporarily unable to perform the duties of their respective offices, 
the Governor may appoint a suitable person to perform such duties 
temporarily as an acting officer, until the incumbent of the office shall 
be able to resume the performance of his duties, or a vacancy occurs 
in such office. The Governor shall require such bonds for persons so 
appointed as may appear to him necessary for the protection of the 
State, not exceeding the bonds given by the officer in whose stead he 
acts. Such acting officer shall be nominated by the incumbent of the 
office: Provided, That when the incumbent is unable or fails to so 
nominate, the Governor may appoint without such nomination : 
Provided further, That nothing in this section contained shall be con- 
strued to amend or repeal existing laws relating to filling vacancies 
in State offices. 

Historical: Laws 1899, 21, Sees. 1, 
2: re-enacting Laws 1890-91, 39, Sees. 



1, 2. 



CHAPTER 22. 
MISCELLANEOUS PROVISIONS. 



Section 

333. Possession of books and papers. 

334. Same: Proceedings to compel 
delivery. 

335. Same: Attachment to enforce 
delivery. 

336. Seals of executive officers. 

337. Great Seal of State. 

338. Officers may administer oaths. 

339. Office hours. 



Section 

3 40. Signature of ex-officio officers. 

341. Official records open to inspec- 
tion. 

3 42. Officers to keep accounts. 
343. Furnishing account books: Ex- 
amination by citizens. 

343a. Sale of pamphlet laws. 

343b. Same: Penalty for non-compli- 
ance. «, 



Possession of Books and Papers. 

Sec. 333. Every public officer is entitled to the possession of all 
books and papers pertaining to his office, or in the custody of a former 
incumbent by virtue of his office. 



Historical: Rev. St. 18 8 7, Sec. 440. 

California Legislation: Same: Pol. 
Code 1872, Sec. 1014; Deering's Code, 
ib.; Kerr's Code, ib. 



Cross Reference: Penalty for with- 
holding books and records from suc- 
cessor: Sec. 6389. 



Same: Proceedings to Compel Delivery. 

Sec. 334. If any person, whether a former incumbent or another 
person, refuse or neglect to deliver to the actual incumbent any such 
books or papers, such actual incumbent may apply by petition to 
any court of record sitting in the county where the person so re- 
fusing or neglecting resides, or to any Judge of the District or probate 



292 



PUBLIC OFFICERS 



Tit. 2 



court residing therein, and the court or officer applied to must pro- 
ceed in a summary way, after notice to the adverse party, to hear 
the allegation and proofs of the parties, and to order any such books 
or papers to be delivered to the petitioner. 



Historical: Rev. St. 1887, Sec. 441. 

California Legislation : Same except 
'county" for "probate", line 5: Pol. 



Code 1872, Sec. 1015; Superior Court 
system as amended: Deering's Code, 
ib. ; Kerr's Code, ib. 



Same: Attachment to Enforce Delivery. 

Sec. 335. The execution of the order and the delivery of the books 
and papers may be enforced by attachment as for a witness, and also, 
at the request of the petitioner, by a warrant directed to the sheriff 
or a constable of the county, commanding him to search for such 
books and papers, and to take and deliver them to the petitioner. 



Histoical: Rev. St. 1887, Sec. 442. 
California Legislation : Same: Pol. 



Code 1872, Sec. 1016; Deering's Code, 
ib.; Kerr's Code, ib. 



Seals of Executive Officers. 

Sec. 336. Except when otherwise specially provided by law, the 
seals of office of the various executive officers are those in use by such 
officers at the time this title takes effect, and each of such officers 
must at once file a description and impression of such seal in the 
office of the Secretary of State. 



Historical: Rev. St. 188 7, Sec. 443. 

California Legislation: Same except 

'Code" for "title", line 3: Pol. Code 



1872, Sec. 1026; Deering's Code, ib.; 
Kerr's Code, ib. 



Great Seal of State. 

Sec. 337. The design drawn and executed by Miss Emma Edwards, 
of Boise City, and reported and recommended by the select joint com- 
mittee to devise a Great Seal for the State, with the Latin motto, 
"Esto Perpetua," is adopted, and is hereby made the Great Seal of 
the State of Idaho. 



Historical: Laws 1899, 147, Sec. 1; 
re-enacting Laws 1890-91, 215, Sec. 1. 

•California Legislation: See Pol. 
Code 1872, Sec. 1027; Deering's Code, 
ib.; Kerr's Code, ib. 

Cross Reference: Secretary of State 



to keep and use seal: Const. Art. 4. 
Sec. 15. Grants and permissions to 
bear seal: Art. 4, Sec. 16. Great Seal 
to be attached to commissions of offi- 
cers: Sec. 265. 



Officers May Administer Oaths. 

Sec. 338. Every executive and judicial officer may administer and 
certify oaths. 



Historical: Rev. St. 1887, Sec. 450. 
California Legislation: Same: Pol. 



Code 1872, Sec. 1028; Deering's Code, 
ib.; Kerr's Code, ib. 



Office Hours. 

Sec. 339. Unless otherwise provided by law, every officer must 
keep his office open for the transaction of business from ten o'clock 
a. m. until four o'clock p. m. each day, except upon holidays. 



Historical: Rev. St. 188 7, Sec. 452. 
California Legislation: Same: Pol. 



Code 1872, Sec. 1030; Deering's Code, 
ib.; Kerr's Code, ib. 



Ch. 22. MISCELLANEOUS PROVISIONS 293 



Signature of Ex-Officio Officers. 

Sec. 340. When an officer discharges ex-officio the duties of an- 
other office than that to Which he is elected or appointed, his official 
signature and attestation must be in the name of the office the duties 
of which he discharges. 

Historical: Rev. St. 1887, Sec. 453. Code 1872, Sec. 1031; Deering's Code, 

California Legislation: Same: Pol. ' ib - Kerr's Code, ib. 

Official Records Open to Inspection. 

Sec. 341. The public records and other matters in the office of any 
officer are, at all times during office hours, open to the inspection of 
any citizen of this State. 



Historical: Rev. St. 1887, Sec. 454. 

California Legislation: Same: Pol. 
Code 1872, Sec. 1032; same with ad- 



ditional provisions as amended: Deer- 
ing's Code, ib.; Kerr's Code, ib. 



Officers to Keep Accounts. 

Sec. 342. It shall be the duty of all State, county, city and precinct 
officers, who receive fees for services in an official capacity, or who 
receive public moneys for safe keeping, to at all times keep a public 
account of the same, consisting of a day book and ledger in which 
shall be entered all receipts of fees or moneys, with a brief statement 
of from whom and on what account the same were received; and a 
like account of all disbursements of such moneys, and to whom and 
on what account the same were paid. A failure to comply with the re- 
quirements of this section shall subject the offender, upon conviction, 
to the payment of a fine not exceeding three hundred dollars, or to 
imprisonment in the county jail for a period not exceeding six months, 
or to both such fine and imprisonment. 

Historical: Laws 1901, 20 8, Sec. 1; 
amended Laws 1903, 282, Sec. 1. 

Furnishing Account Books: Examination by Citizens. 

Sec. 343. It shall be the duty of the State and county officers re- 
spectively charged with furnishing books and stationery for public 
use, to furnish suitable books for the purpose to such officers ; and 
such books shall be subject to examination by any citizen at any 
reasonable time, and such citizen shall be entitled to take memoranda 
from the same without charges being imposed : Provided, If any 
person or persons desire certified copies of any such account, the 
officer or person in charge of said books shall be entitled to demand 
and receive fees for the same, as for copies of other public records 
in his control. 

Historical: Laws 1901, 20 8, Sec. 2. 

Sale of Pamphlet Laws. 

Sec. 343a. All publications of laws and the Constitution of the 
State of Idaho, issued in pamphlet form, other than the regular bi- 
ennial edition of the session laws, shall be sold by the officer or officers 
having the same published, at a price of not less than ten cents, nor 
more than twenty cents, per one hundred folios contained in each copy. 
The moneys arising from the sale of such publications shall be turned 



294 PUBLIC OFFICERS Tit. 2 



into the State Treasury, quarterly, to the credit of the general fund, 
on the first days of January, April, July and October of each year. 
A report under oath must accompany each quarterly payment into 
the State Treasury, stating the number of copies of each publication 
sold, and the amount received therefor. 

Historical: Laws 1905, 2 31, Sees. 
1, 2. 

Same: Penalty for Non-Compliance. 

Sec. 343b. Any failure to comply with the provisions of the pre- 
ceding section by any person or persons charged by law with the 
duty of publishing any of said laws as in said section provided for, 
shall be a misdemeanor, and upon conviction thereof in any court 
of competent jurisdiction the person guilty shall be fined in any 
sum not less than two hundred dollars nor more than three hundred 
dollars, and upon information, it shall be the duty of the Attorney 
General or the prosecuting attorney of any county, to prosecute such 
person or persons, and upon conviction to collect such fine as may 
be imposed, and deposit the same with the State Treasurer for the 
benefit of the general school fund. 

Historical: Laws 1905, 231, Sec. 3. 
Phraseology slightly changed to make 
the section grammatical. 



TITLE 3 
ELECTIONS 



Chapter 

1. General provisions. 

2. Time for holding elections. 

3. Notices of election. 

4. Qualifications of voters. 

5. Election precincts, judges 
clerks. 

6. Primary elections. 

7. Nominations. 



and 



Chapter 

8. Registration of electors. 

Ballots and supplies. 

Conduct of election. 

Canvass of returns. 

Presidential electors. 

Removal of county seats and 
changing county boundaries. 

Special elections. 



9. 
10. 
11. 
12. 
13. 

14. 



Note: The act which forms the basis of this title was enacted at the first 
session of the State Legislature (1890-91) and re-enacted at the fifth ses- 
sion (1899). This act expressly repealed the Territorial statutes governing 
elections which were embodied in Tit. 2 of the Political Code of the Re- 
vised Statutes. For election contests, see Sees. 50 26 et seq. Contest of 
State executive and legislative offices: Sees. 39-57. Crimes against the 
elective franchise: Sees. 6354 et seq. 

CHAPTER 1. 
GENERAL PROVISIONS. 



Section 

344. Application of title. 

345. Distribution of copies of law. 



Section 

346. Privilege from arrest. 



Application of Title. 

Sec. 344. The provisions hereinafter enacted shall regulate and 
govern all elections hereafter holden in the State of Idaho for election 
of all officers provided for by the Constitution and the laws of the 
State of Idaho, at either general or special elections, except school 
district elections, and such other elections as are in these Codes else- 
where specially provided for. 



Cited: Hertle v. Ball (1903) 9 Ida. 
193; 72 Pac. 953; Cunningham v. 
George (1892) 3 Ida. 456; 31 Pac. 809. 
Sabin v. Curtis (1893) 3 Ida. 662; 32 
Pac. 1130. 



Historical: Laws 1899, 33, Sec. 1; 
re-enacting Laws 1890-91, 57, Sec. 1. 
The concluding clause is added to cov- 
er such elections as are held in irri- 
gation districts, drainage districts, 
good roads districts etc., for which 
special provision is made. 

Distribution of Copies of Law. 

Sec. 345. It shall be the duty of the Secretary of State to cause 
to be published in pamphlet form and distributed, through the county 
auditors of the respective counties, a sufficient number of copies of 
this law, and of such other laws as bear upon the subject of elections, 
as will place a copy thereof in the hands of all officers of elections. 

Historical: Laws 1899, 33, Sec. 156; dorks" to conform to local nomencla- 

nacting Laws 1890-91, 57, Sec. 160. ture. 

'County auditors" inserted for "county 



296 



ELECTIONS 



Tit. 3 



Privilege From Arrest. 

Sec. 346. Electors are privileged from arrest except for treason, 
felony, or breach of the peace, during their attendance on election. 



Historical: Laws 1899, 3 3, Sec. 5; 
re-enacting Laws 1890-91, 57, Sec. 5. 
Last part of section. The first para- 



graph relative to eligibility to hold of- 
fice, constitutes Sec. 250 of this Code. 



CHAPTER 2. 
TIME FOR HOLDING ELECTIONS. 



Section 

347. Time for holding elections. 

348. Officers to be elected: County 



349. 



officers. 

Same: State officers. 



Section 

35 0. Same: Judges. 

351. Same: Presidential electors. 

3 52. Same: Precinct officers. 



Time for Holding Elections. 

Sec. 347. A general election shall be held in the several precincts 
in this State on the Tuesday succeeding the first Monday of Novem- 
ber, A. D. 1910, and on the Tuesday succeeding the first Monday of 
November every alternate year thereafter. 



Historical: Laws 18 99, 33, Sec. 6; 
re-enacting Laws 1890-91, 57, Sec. 6. 
"1910" inserted for "1892." 

Definition: The "general election" Is 
the election at which all State officers 
are elected; whether an election is 



general or special is determined, not 
by the date on which it is held nor the 
authority which designates such date, 
but by the character of the election. 
Doan v. Board of Commrs. of Logan 
Co. (1891) 3 Ida. 38; 26 Pac. 167. 



Officers to Be Elected: County Officers. 

Sec. 348. At the general election A. D. 1910, and every fourth 
year thereafter, there shall be elected in every county of the State, 
a clerk of the District Court, who is ex-officio auditor and recorder, 
and at said general election, and every alternate year thereafter, 
there shall be elected in every county of the State, the following offi- 
cers, to-wit: Three county commissioners; a sheriff; county treas- 
urer, who is ex-officio public administrator; probate judge; county 
superintendent of public instruction ; a prosecuting attorney ; a county 
assessor, who is ex-officio tax collector ; one coroner, and one surveyor. 



Historical: Laws 1899, 33, Sec. 7; 
re-enacting Laws 18 90-91, 5<, Sec. 7. 
"County superintendent of public in- 
struction" inserted for "who is ex- 
officio county superintendent of public 
instruction," to conform to Const. Art. 
18, Sec. 6, as amended, "Prosecuting 
attorney" is inserted in place of the 
"District Attorney," provided for in 
Sec. 9 of the act (Sec. 350 post). 

Cited: Castle v. Bannock Co. (1901) 
8 Ida. 124; 67 Pac. 35. 



Vote for Commissioners: While com- 
missioners are elected one from each 
district, the voters of the whole coun- 
ty should cast their votes for each of 
the commissioners and all the votes 
so cast should be counted in determin- 
ing who is elected to the board. Cun- 
ningham v. George (1892) 3 Ida. 456; 
31 Pac. 809. 



Same: State Officers. 

Sec. 349. At the general election, A. D. 1910, and every alternate 
year thereafter, there shall be elected the following State officers, to- 
wit : One Governor, one Lieutenant Governor, one Secretary of State, 
one State Treasurer, one State Auditor, one Superintendent of Public 
Instruction, one Attorney General, and one Inspector of Mines, and 
in each Representative and Senatorial district of the State such Rep- 



Ch. 3. 



NOTICES OF ELECTION 



297 



resentatives and Senators as they may severally be entitled to. Also 
on the first Tuesday succeeding the first Monday of November, A. D. 
1910, and every alternate year thereafter, there shall be elected the 
number of Representatives in Congress to which the State may be 
entitled. 



Historical: Laws 18 99, 33, Sec. 8; 
re-enacting Laws 1890-91, 57, Sec. 8. 



Inspector of Mines inserted on author- 
ity of Laws 1899, 221, Sec. 13. 



Same : Judges. 

Sec. 350. At the general election, A. D. 1910, and every alternate 
year thereafter, there shall be elected one Judge of the Supreme 
Court, and at said general election, and every fourth year thereafter, 
there shall be elected in each judicial district of the State, one Dis- 
trict Judge. 



Historical: Laws 1899, 33, Sec. 9; 
re-enacting Laws 1890-91, 57, Sec. 9, 
omitting the provision for the election 



of a District Attorney. The prosecut- 
ing attorney is provided for in Sec. 
348, ante. 



Same: Presidential Electors. 

Sec. 351. At the general election, A. D. 1910, and every fourth 
year thereafter, there shall be elected such a number of Electors of 
President and Vice President of the United States as the State may 
be entitled to in the Electoral College. 

Historical: Laws 18 9 9, 33, Sec. 10; 
re-enacting Laws 1890-91; 57, Sec. 10. 

Same: Precinct Officers. 

Sec. 352. At the general election, A. D. 1910, and every alternate 
year thereafter, there shall be elected in each justice's precinct, except 
wards in incorporated cities, two justices of the peace and one con- 
stable, and all other officers, not herein specified, that now are, or 
hereafter may be, created shall, unless otherwise provided, be elected 
on the day of the general election. 



Historical: Laws 1899, 33, Sec. 11; 
re-enacting Laws 1890-91, 57, Sec. 11. 

Cited: State v. Vineyard (1903) 9 
Ida. 134; 72 Pac. 824. 

.Justices in Cities: This section has 
no application to the formation of 
justices' precincts and the provision 
for the election of two justices in all 



precincts "except wards in incorpo- 
rated cities," does not constitute such 
wards justices' precincts, nor prohibit 
the county commissioners from es- 
tablishing precincts within such cities. 
Johnston v. Savidge (1905) 11 Ida. 
204; 81 Pac. 616. 



CHAPTER 3. 
NOTICES OF ELECTION. 



Section 

353. Election proclamation. 

354. Notices of election. 

355. Same: Posting notices. 



Section 

356. Advertisement of special ques- 
tions. 



Election Proclamation. 

Sec. 353. At least forty days before each general election, and 
whenever he orders a special election, the Governor must issue an 
election proclamation under his hand and the great seal of the State 
of Idaho, and transmit copies thereof to the board of com- 
missioners, of the counties in which such elections are to be held. 



298 ELECTIONS Tit. 3 

Such proclamation must contain a statement of the time of election 
and of the offices to be filled. 

Historical: Laws 18 99, 33, Sees. 12, 
13; re-enacting Laws 1890-91, 57, 
Sees. 20, 21. 

Notices of Election. 

Sec. 354. The clerks of the several boards of county commissioners 
must, at least twenty days before any general election, make out and 
transmit by registered mail to the registrar of each election precinct, 
three notices to be as nearly as circumstances will admit of as follows : 

Notice is hereby given that on the Tuesday following the first 

Monday of November next, at the (here designate polling 

place) in the County of ., an election will be held for 

members of Congress, State, county, district and precinct officers 
(naming the candidates and offices to be filled as the case may be), 
which election shall be open at eight o'clock in the morning and will 
continue until seven o'clock in the evening of the same day. Dated 

this day of , A. D. 19 (as the case may be). 

(Signed) 

Clerk of the Board of County Commissioners. 

Historical: Laws 1899, 33, See. 14; 
re-enacting Laws 1890-91; 57, See. 22. 

Same: Posting Notices. 

Sec. 355. The registrar aforesaid to whom such notices are trans- 
mitted as aforesaid, must cause to be posted, in three of the most 
public places of each election precinct, the notices referring to such 
election precinct, at least fifteen days previous to the time of holding 
any general election. Said notices shall be posted as follows: One 
at the house or place where the election is authorized to be held, and 
the others at two of the most public and suitable places in the precinct. 

Historical: Laws 1899, 33, Sec. 15; 
re-enacting- Laws 1890-91, 57, Sec. 23; 
amended Laws 1897, 29, Sec. 2. 

Advertisement of Special Questions. 

Sec. 356. Whenever a proposed Constitution or Constitutional 
amendment, or other question, is to be submitted to the people of 
the State for popular vote, the Secretary of State shall duly, and not 
less than thirty days before election, certify the same to the auditor 
of each county in the State. Questions to be submitted to the people 
of a county or municipality shall be advertised in some newspaper of 
general circulation in the county or town to be affected at least twice, 
and twenty days before election. 

Historical: Laws 189 9, 33, Sec. 27; 
re-enacting Laws 1890-91; 57, Sec. 36. 

CHAPTER 4. 
QUALIFICATIONS OF VOTERS. 



Section 

357. Qualifications of voters. 

3 58. Disqualifications. 



Section 

35 9. Soldiers, sailors, students and 
inmates of asylums. 



Ch. 4 



QUALIFICATIONS OF VOTERS 



299 



Section 

360. Prostitutes and inmates of 
houses of ill-fame. 

361. Same: Examination by regis- 
trar. 



Section 

362. Same: Challenge of proposed 
voter. 

363. Same: Penalty for false state- 
ment. 



Qualifications of Voters. 

Sec. 357. Every person over the age of twenty-one years, possess- 
ing the qualifications following, shall be entitled to vote at all elections : 
He shall be a citizen of the United States and shall have resided in 
this State six months immediately preceding the election at which 
he offers to vote, and in the county thirty days : Provided, That no 
person shall be permitted to vote at any county seat election who has 
not resided in the county six months, and in the precinct ninety days, 
where he offers to vote; nor shall any person be permitted to vote 
at any election for the division of the county, or striking off from 
any county any part thereof, who has not the qualifications provided 
for in Section 3, Article 18, of the Constitution ; nor shall any person 
be denied the right to vote at any school district election, nor to hold 
any school district office on account of sex. 



Historical: Laws 1899, 33, Sec. 2; 
re-enacting Laws 1890-91, 57, Sec. 2; 
omitting the word "male" in the first 
line on the authority of the amend- 
ment to Const. Art. 6, Sec. 2. 



Cross Reference: Qualifications of 
electors: Const. Art. 6, Sec. 2. Leg- 
islature may prescribe qualifications 
additional to those prescribed by the 
Constitution: Const. Art. 6, Sec. 4. 



Disqualifications. 

Sec. 358. No person is permitted to vote who is under guardian- 
ship, idiotic or insane, or who has at any place been convicted of 
treason, felony, embezzlement of public funds, bartering or selling, 
or offering to barter or sell, his vote, or purchasing, or offering to 
purchase, the vote of another, or other infamous crime, and who has 
not been restored to the right of citizenship, or who, at the time of 
such election, is confined in prison on conviction of a criminal offense. 



Historical: Laws 1899, 33, Sec. 3; 
re-enacting Laws 1890-91, 57, Sec. 3; 
amended Laws 1893, 35, Sec. 1; Laws 
1895, 7, Sec. 1. 

Cross Reference: Similar provision 
with additional clauses disfranchising 
polygamists: Const. Art. 6, Sec. 3. 

Test Oath — Constitutionality: A 



territorial statute withholding the 
elective franchise from polygamists or 
members of any organization which 
teaches or encourages polygamy and 
prescribing a test oath is not repug- 
nant to the federal Constitution. 
Wooley v. Watkins (1889) 2 Ida. 
590; 22 Pac. 102. 



Soldiers, Sailors, Students and Inmates of Asylums. 

Sec. 359. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence by reason of his presence or absence 
while employed in the service of this State or of the United States, 
nor while engaged in the navigation of the waters of this State, or 
of the United States, nor while a student of any institution of learn- 
ing, nor while kept at any almshouse or other asylum at the public 
expense. 



Historical: Laws 1899, 33, Sec. 4; 
re-enacting Laws 1890-91, 57, Sec. 4. 



Cross Reference: Similar provi- 
sion: Const. Art. 6, Sec. 5. 



Prostitutes and Inmates of Houses of Ill-Fame. 

Sec. 360. No common prostitute, or person who keeps or main- 
tains, or is interested in keeping or maintaining, or who resides in 



300 ELECTIONS Tit. 3 

or is an inmate of, or frequents or habitually resorts to, any house 
of prostitution or of ill-fame, or any other house or place commonly 
used as a house of prostitution or of ill-fame, or as a house or place 
of resort of lewd persons for the purpose of prostitution or lewdness, 
or who, being male and female, do lewdly and lasciviously cohabit 
together, shall be permitted to register as a voter or to vote at any 
election in this State, and any such person who shall so register or 
vote, or offer or attempt to so register or vote, shall, on conviction 
thereof, be punished by a fine not exceeding five hundred dollars, or 
by imprisonment in the county jail not exceeding six months, or by 
both such fine and imprisonment. 

Historical: Laws 1907, 170, Sec. 1. 

Same: Examination by Registrar. 

Sec. 361. Whenever any person within any of the prohibited 
classes mentioned in the preceding section shall offer himself or her- 
self for registration, it shall be the duty of the registrar, in addition 
to offering to said person any elector's oath provided by law, to ex- 
amine such person as to his or her qualifications under the preceding 
section, and if such person is not qualified by reason of being within 
the prohibited class, it shall be the duty of the registrar to refuse to 
register such person, and the registrar shall keep a brief memo- 
randum in writing showing all such examinations and his determina- 
tion thereon. 

Historical: Laws 1907, 170, Sec. 2. 

Same : Challenge of Proposed Voter. 

Sec. 362. If any person within any of the prohibited classes men- 
tioned in Section 360, shall be registered and shall offer to vote, he 
or she may be challenged for being within such prohibited class or 
classes, and thereupon such person shall be examined as to his or her 
qualifications under said section, and if the board of election is satis- 
fied that such person is within any such prohibited class, his or her 
vote shall not be received. 

Historical: Laws 1907, 170, Sec. 3. 

Same: Penalty for False Statement. 

Sec. 363. If any person within any of the prohibited classes men- 
tioned in Section 360 shall make any false answer to any such ex- 
amination, either by such registrar or on such challenge before the 
board of election, it shall be considered and held to be a separate and 
distinct offense from any offense mentioned in Section 360, and on 
conviction thereof such person shall, in addition to any penalty in- 
curred by any provision of said section, be punished by a fine not 
exceeding five hundred dollars, or by imprisonment in the county jail 
not exceeding six months, or by both such fine and imprisonment. 

Historical: Laws 1907, 170, Sec. 4. 

CHAPTER 5. 
ELECTION PRECINCTS, JUDGES AND CLERKS. 



Section 

364. Establishment of election pre- 
cincts. 



Section 

36 5. Changing boundaries of pre- 
cincts. 



Ch. 5 



PRECINCTS, JUDGES AND CLERKS 



301 



Section 

369. Judges to appoint clerks. 

370. Compensation of judges 
clerks. 



and 



Section 

366. Designation and plan of polling 
places. 

367. Appointment of judges and dis- 
tributing clerks. 

368. Same: Vacancies filled by elec- 
tion. 

Establishment of Election Precincts. 

Sec. 364. The board of commissioners of each county must estab- 
lish a convenient number of election precincts therein. 

Historical: Laws 18 9 9, 33, Sec. 28; 
re-enacting Laws 1890-91, 57,- Sec. 37. 

Changing Boundaries of Precincts. 

Sec. 365. The board may, from time to time, change the bound- 
aries of, create new, or consolidate established, precincts; but they 
must not alter or change any election precinct, or change the place 
of holding elections in any precinct after their regular July meeting 
next preceding any election : Provided, That the precincts and wards 
established, and the places designated in which to hold elections at 
the time of the taking effect of this,title, shall so remain until changed. 

Historical: Laws 1899, 33, Sec. 29; 
re-enacting Laws 1890-91, 57, Sec. 38. 

Designation and Plan of Polling Places. 

Sec. 366. The county commissioners of each county, at their meet- 
ing in July next preceding any general election, shall designate and 
appoint suitable polling places, throughout the county, and shall cause 
the same to be suitably provided with a sufficient number of voting 
shelves or compartments, at or in which voters may conveniently 
mark their ballots, so that in the marking thereof they may be 
screened from the observation of others, and a guard rail shall be so 
constructed and placed that only such persons as are inside said rail 
can approach within ten feet of the ballot boxes and of such voting 
shelves, places or compartments as are herein provided for. The 
arrangement shall be such that neither the ballot boxes nor the voting 
shelves or compartments shall be hidden from view of those just 
outside the said guard rail, and such polling places shall be as near 
as practicable in the following form : 






Judges 
O 



Rail 






Rail or Wall 



3| 
*£5 

CO ^ 



Rail of any suitable material 



Constable 



Gate 






2 v 

■ n 



302 ELECTIONS Tit. 3 

The number of such voting shelves or compartments shall not be 
less than one for every fifty electors, or fraction thereof, registered 
in the precinct, and the expense of providing such polling places, 
compartments, guard rails, and all necessary supplies, shall be a 
public charge, and shall be provided for in the same manner as all 
other election expenses. Each voting shelf or compartment shall be 
kept provided with proper supplies and conveniences for marking 
the tickets. At their regular meeting in July next preceding any 
election, the board of county commissioners of each county shall, as 
far as necessary, alter or divide the election precincts in such manner 
that each election precinct shall not contain more than six hundred 
voters: Provided, That in precincts containing less than twenty-five 
registered voters the election may be conducted under the provisions 
of this title without the preparation of such booths or compartments 
as are required in this section. 

In all municipal elections the duties specified in this section as 
devolving on the county commissioners, shall devolve on the officers 
in each city or town whose duty it is to designate and appoint polling 
places therein. 

Historical: Laws 1890-91, 57, Sec. I bined with Laws 1899, 33, Sec. 43; 
51; re-enacted Laws 1899, 33, Sec. 42; re-enacting Laws 1890-91, 57, Sec. 51. 

amended Laws 1905, 317, Sec. 1 com- 1 

Appointment of Judges and Distributing Clerks. 

Sec. 367. It is the duty of the county commissioners, at their 
regular session in July next preceding a general election, to appoint 
four capable and discreet persons possessing the qualifications of 
electors, three of such persons to act as judges of election, and one 
to act as distributing clerk of election, at each election precinct ; and 
the clerk of the board must make out and deliver to the sheriff of 
the county, immediately after the appointment of such judges and 
distributing clerk, a notice thereof, in writing, directed to the judges 
and distributing clerks so appointed ; and the sheriff, within ten days 
of the receipt of said notice, must serve the same upon each of the 
said judges and distributing clerks of election by registered mail. If 
in any precinct any of said judges or distributing clerk do not serve, 
the voters of said precinct may elect a judge or judges or distributing 
clerk to fill the vacancy on the morning of the election, to serve at 
such election. The selection of officers must, as nearly as practicable, 
represent all the different political parties or principles represented 
by the nominees in each county. 

Historical: Laws 1899, 33, Sees. 40, 
41, re-enacting Laws 1890-91, 57, 
Sees. 49, 50. 

Same: Vacancies Filled by Election. 

Sec. 368. If in any precinct any of said judges or distributing 
clerk do not serve, the voters of said precinct may elect a judge or 
judges or distributing clerk to fill the vacancy, on the morning of 
the election, to serve at such election. The election of officers must, 
as nearly as practicable, represent all the different political parties 
or principles represented by the nominees in each county. 



Ch. 6. 



PRIMARY ELECTIONS 



303 



Historical: Laws 1899, 33, Sees. 62, 
63; re-enaeting Laws 1890-91, 57, 
Sees. 71, 72. 

Judges to Appoint Clerks. 

Sec. 369. The judges must choose two persons having similar 
qualifications with themselves to act as clerks of the election. 

The said judges and distributing clerk shall be and continue 
judges and distributing clerk of all elections of civil officers to be 
held in their respective wards or precincts until other judges and 
distributing clerk are appointed, and the said clerks of election may 
continue to act as such during the pleasure of the judges of election. 
The county commissioners must, from time to time, fill all vacancies 
which may occur in the office of judges of election and distributing 
clerk at any election precinct within their respective counties. 

Historical: Laws 18 99, 33, Sec. 67; 
re-enacting Laws 1890-91, 57, Sec. 76. 

Compensation of Judges and Clerks. 

Sec. 370. It is the duty of the clerk of the board of commissioners 
of each county, on the receipt of the returns of any general or special 
election, to make out his certificate, stating therein the compensation 
to which the judges and clerks of the election are entitled for their 
services, and lay the same before the county commissioners at their 
next session, and the board of commissioners must order the com- 
pensation paid out of the county treasury. The compensation of 
judges of election and clerks is four dollars per day, and of constables, 
on duty at polling places, three dollars per day. 

Historical: Laws 1899, 33, Sec. 57: 
re-enacting Laws 1890-91, 57, Sec. 66. 

CHAPTER 6. 
PRIMARY ELECTIONS. 



Section 

171. Primary election defined. 

Notice of primary election. 

Time for holding election. 

Conduct of election. 

('heck list and ballot "box 

be borrowed. 

Persons entitled to vote. 

Oath of office: Challenge 
voters. 



72. 
7 3. 
74. 
7.",. 

75a. 

76. 



may 



of 



Section 

377. Result of election. 

Delegates not to give proxies. 

Delegates fraudulently elected to 

be denied seats. 

Penalty for violations of chap- 
ter. 

Application of chapter. 



378. 
379. 

380. 

381. 



Primary Election Defined. 

Sec. 371. A primary election, within the meaning of this chapter, 
s an election held in any county, city, town or precinct in the State 
)f Idaho by any political party, for the purpose of electing delegates 
;o political conventions, and the provisions hereof shall apply only 
o general State and county, and general city or town, elections. 

Historical: Laws 1903, 360, Sec. 1. 

Notice of Primary Election. 

Sec. 372. When any political party desires to hold a primary elec- 



Vol. 1—11 



304 ELECTIONS Tit. 3 

tion in any county, city or town, it is the duty of the duly authorized 
committee of such political party for such county, city or town, to 
publish a notice in a newspaper of general circulation and of the 
same political affiliation, if there be one in the county, once a week 
for at least two consecutive weeks, the first publication of which 
must be at least twenty, and not over thirty, days prior to the day 
appointed for such primary election ; also to post at least two notices, 
fifteen days prior to the primary election, in public places, in each 
voting precinct in the county, city or town. Such notices must give 
the date when, the hours during which, and the place where, the 
primary election will be held, the number of delegates each election 
precinct is entitled to in convention, and the offices for which can- 
didates are to be nominated in such convention. 

Historical: Laws 1903, 360, Sec. 2. 

Time for Holding Election. 

Sec. 373. Such primary election must be held in each voting pre- 
cinct in the county, city or town, on the same Monday afternoon, 
commencing in the county precincts at three p. m. and continuing 
until six p. m., and in city or town precincts it must commence at 
two p. m. and continue until seven p. m. 

Historical: Laws 1903, 360, Sec. 3. 

Conduct of Election. 

Sec. 374. When the hour for holding such primary election arrives 
it shall be called to order by the chairman or secretary of the precinct 
committee, or, in their absence, by some qualified voter of the party; 
holding such primary election. The qualified voters present, who 
are members of the political party holding such primary, shall choose 
from their number a chairman, two clerks and two judges of election, 
who shall not be selected in the interest of any particular candidate 
or candidates before the convention for which the delegates are tc 
be elected. Such officers of the primary may be elected by a viva 
voce vote, but the delegates to the convention must be elected b\ 
ballot, and each qualified voter at such primary shall have on his 
ballot, which may be written or printed or partly written or parth 
printed, as many names for delegates as such precinct is entitled to 
in convention : Provided, That if any ballot contains more names 
of delegates than such precinct is entitled to, such ballot shall be 
void, and must not be counted. Also when it shall appear that the 
same person casts more than one ballot, as when two or more ballots 
are folded together, or from other clear evidence, all such ballots art 
void and must not be counted. 

If primary elections for more than one political party are helc 
on the same day they must not be held in the same room, or in the 
same immediate locality. 

Historical: Laws 1903, 360, Sec. 4. 

Check List and Ballot Box May Be Borrowed. 

Sec. 375. For the information and assistance of the officers of t!u 
primary election in city or town precincts, where the voters are s< 



Ch. 6 PRIMARY ELECTIONS 305 

numerous as not to be well known to such officers, the county com- 
mittee of the political party holding such primary may borrow from 
the proper county custodian a check list of the voters of each of such 
precincts, used at the last general election, also a ballot box. When 
such county commiftee shall deem best, the provisions of this section 
may be applied to any precinct in the county. In any precinct where 
the county official ballot boxes are not available, any convenient box 
or receptacle may be used. Any such check list or ballot box so 
borrowed must be promptly returned to the proper county custodian 
upon the close of the primary election. 

Historical: Laws 1903, 360, Sec. 5. 

Persons Entitled to Vote. 

Sec. 375a. Only regularly qualified voters who are entitled to vote 
at such primary elections are permitted to vote thereat, or to take 
part therein, and it is unlawful for any person who was not affiliated 
at the last general election with the party holding the primary, or who 
has not resided for at least thirty days in the election precinct where 
the primary election is held, to vote or to take any part in such 
primary election : Provided, That one who since the last election has 
become of age, may vote if otherwise qualified. 

Historical: Laws 1903, 360, Sec. 6. i the primary" are inserted to express 
The woids "with the party holding the obvious intent of the section. 

Oath of Office: Challenge of Voters. 

Sec. 376. It is the duty of the chairman to administer the oath of 
office to the clerks and judges elected, to the effect that each will 
faithfully perform the duties imposed upon him by law, and one 
of the clerks shall thereupon administer a like oath to the chairman. 
When any person offering to vote is challenged, which may be done 
by any one qualified to vote at such primary, who shall state the 
ground of his challenge, or when any of the officers of the election 
shall suspect that any person is not qualified to vote, the chairman 
shall administer to such person so challenged an oath to the effect 
that he has resided in the election precinct for the past thirty days ; 
that by the next general election he will have resided in the State 
for at least six months ; that at the last general election he was affili- 
ated with the (name the party) party; that he has not during this 
year voted at any other primary election ; that he is in all respects 
qualified to vote at this primary, and shall further particularly specify 
in the oath the ground or challenge or objection made to such voter. 
The officers of election may, in addition to administering such oath, 
briefly, orally examine under oath any person as to his qualifications 
as a voter, and any one refusing to take such oath or to testify, or 
who, by a majority of the election officers, is found disqualified, shall 
not be allowed to vote. It is the duty of the clerks of the election 
to keep written minutes of the proceedings of such primary election. 
It is the duty of the judges to receive and deposit in the ballot box 
the ballots of the voters qualified under the provisions of this chapter, 
and of the clerks to enter in two alphabetical lists the names, con- 
secutively numbered, of the voters, and, when for any cause any of 



306 ELECTIONS Tit. 3 

the officers of the election deems it best, the place of residence of 
any voter shall be placed opposite his name upon said lists. No person 
shall, during any calendar year, vote at the primary election of more 
than one political party. 

Historical: Laws 1903, 360, Sec. 7. i serted before "particularly specify" to 
The words "shall further" are in- complete the sense. 

Result of Election. 

Sec. 377. At the close of the election it is the duty of the judges 
to count the ballots and report the same to the chairman, who shall 
then publicly announce the result. Those persons receiving the high- 
est number of votes, to the number of delegates allowed, shall be 
declared elected. Tie votes or results must be settled by lot. When 
it is determined who are elected delegates, they shall be furnished 
with proper credentials, certifying to their election, which shall be 
signed by the chairman and countersigned by the clerks. The officers 
of election must then, in the presence of any qualified voters present, 
carefully wrap into a package, which must be sealed, the ballots, the 
lists of voters, and the written minutes, which must include a state- 
ment showing the number of votes cast for each candidate for election 
as delegate, and deliver the same to the chairman, who shall cause 
such package to be duly delivered to the convention to which the 
delegates are accredited. 

Historical: Laws 1903, 360, Sec. 8. 

Delegates Not to Give Proxies. 

Sec. 378. In case any delegate elected to a convention fails to 
appear and serve, he shall not give his proxy to any one, but the 
vote of such delegate must be cast by the balance of the delegation 
from the precinct, and if no delegate appears from the precinct, such 
precinct must be without any representation. 

Historical: Laws 1903, 360, Sec. 9. 

Delegates Fraudulently Elected to Be Denied Seats. 

Sec. 379. When at any primary election such irregularities or 
frauds on the part of the voters, or of the officers of election, or of 
any other persons, shall occur, resulting in the election of delegates, 
which the convention to which they are elected is clearly satisfied 
would not have been elected had the primary been fairly and honestly 
conducted, the convention must deny any delegate, so fraudulently 
elected, a seat in the convention. 

Historical: Laws 1903, 360, Sec. 10. 

Penalty for Violations of Chapter. 

Sec. 380. Any person voting at any primary election, when under 
the provisions of this chapter he is disqualified to so vote, or who 
falsely takes any oath or falsely testifies, or who violates any oath 
taken, or any officer of election who fraudulently does anything as 
such officer, or who fraudulently fails to perform any duty devolved, 
upon him by this chapter, or any person who violates any of the 
provisions of this chapter, is guilty of a misdemeanor, and on con- 



Ch. 7. 



NOMINATIONS 



307 



viction thereof shall be punished by a fine of not less than twenty- 
five dollars and not to exceed five hundred dollars, or by imprison- 
ment for not less than thirty days nor to exceed six months, or by 
both such fine and imprisonment. 

Historical: Laws 1903, 360, Sec. 12. 

Application of Chapter. 

Sec. 381. The application of this chapter to any political party, 
which at the last general election cast less than ten per cent of the 
whole number of votes cast, is optional with such party. This chapter 
does not prevent any political party from providing and directing 
that the delegates elected under the provisions of this chapter to the 
county convention, may select delegates to the State convention. 

Any expense incurred in the enforcement of this chapter shall be 
borne by the political party holding the primary election. 

Historical: Laws 1903, 360, Sec. 11. 

CHAPTER 7. 
NOMINATIONS. 



Section 



382. 
383. 
384. 
385. 

386. 



Nominations by convention. 
Certificate of nomination. 
Certificates to be filed where. 

Nominations other than by con- 
vention. 



Restrictions 
nominations. 



on independent 



Section 

387. Preservation of certificates. 

388. Time for filing certificates. 

389. Names of candidates to be cer- 
tified by Secretary of State. 

390. Declination of nomination. 
3 91. Mode of filling vacancies. 
392. Use of stickers on tickets. 



Nominations by Convention. 

Sec. 382. Any convention or primary meeting, as hereinafter de- 
fined, held for the purpose of making nominations to public office, 
and also electors to the number hereinafter specified, may nominate 
candidates for public office to be filled by election within the State. 
A convention or primary meeting within the meaning of this chapter, 
is an organized assemblage of electors or delegates representing a 
political party or principle. 



Historical: Laws 1899, 33, Sec. 16; 

re-enacting Laws 1890-91, 57, Sec. 25. 

What Constitutes a Convention: 

This section does not prescribe the 



number of people requisite to consti- 
tute a convention or primary meeting 
under the statute. Baker v. Scott 
(1895) 4 Ida. 596; 43 Pac. 76. 



Certificate of Nomination. 

Sec. 383. All nominations made by such convention or primary 
meeting shall be certified as follows: The certificate of nomination, 
which shall be in writing, shall contain the name of each person 
nominated, his residence, his business, and the office for which he is 
named, and shall designate in not more than five words, the party 
or principle which such convention or primary meeting represents, 
and it shall be signed by the presiding officer and secretary of such 
convention or primary meeting, who shall add to their signatures 
their respective places of residence and their business. Such certifi- 
cates, made out as herein required, shall be delivered by the secretary 



308 



ELECTIONS 



Tit. 3 



or president of such convention or primary meeting to the Secretary 
of State or to the county auditor, as hereinafter required. 

Historical: Laws 18 99, 33, Sec. 17; 
re-enacting Laws 1890-91, 57, Sec. 26. 

Certificates to Be Filed Where. 

Sec. 384. Certificates of nominations of candidates for offices to 
be filled by the electors of the entire State, or of any division or district 
greater than a county, shall be filed with the Secretary of State. 
Certificates of nomination for county and precinct officers shall be 
filed with the auditors of the respective counties wherein the officers 
are to be elected. Certificates of nomination for municipal offices 
shall be filed with the clerks of the respective municipal corporations 
wherein the officers are to be elected. 



Historical: Laws 18 99, 33, Sec. IS; 
re-enacting Laws 1890-91, 57, Sec. 27. 



Cited: Cunningham v. George 
(1892) 3 Ida. 456; 31 Pac. 809. 



Nominations Other Than by Convention. 

Sec. 385. Candidates for public office may be nominated, other- 
wise than by convention or primary meeting, in the following manner: 
A certificate of nomination, containing the name of a candidate for 
the office to be filled, with such information as is required to be given 
in certificates provided for in Section 383, shall be signed by electors 
residing within the district or political division in and for which the 
officer or officers are to be elected, in the following numbers: The 
number of signatures, when the nomination is for a State office, shall 
not be less than three hundred; for the district office, or subdivision 
of the State including two or more counties, the number of signatures 
shall not be less than one hundred and fifty; for a county office, not 
less than fifty; and for a township, precinct or ward office, not less 
than ten : Provided, That the said signatures need not all be ap- 
pended to one paper. Each elector signing a certificate shall add to 
his signature his place of residence and his business. Such certificates 
may be filed as provided for in Section 384, in the same manner and 
With the same effect as a certificate of nomination made by a party 
convention or primary meeting: Provided, That the registrar of 
each precinct or ward, as the case may be, shall certify to the Secre- 
tary of State, the county auditor, or the clerk of the municipality, 
as the case may be, that all the signers of such certificates are qualified 
electors and registered according to law for the ensuing election. 



Historical: Laws 1899, 33, Sec. 19; 
re-enacting Laws 1890-91, 57, Sec. 28. 
The section numbers in the body of 
the section are taken from the act of 
1890-91, to which they obviously re- 
ferred. The numbers of the sections 
were changed in the re-enactment, but 
the internal cross references were 
overlooked. 

Independent Candidates: Where a 
petition nominating a candidate for 
office is signed by a sufficient number 
of electors and is filed in due form 
within the time required by law, the 
candidate named thereon is entitled to 



have his name appear on the official 
ballot as an independent candidate for 
the office designated, but not upon the 
ticket of any particular party. Phil- 
lips v. Curtis (1894) 4 Ida. 193; 38 
Pac. 405. 

Same — Number of Signers: Since 
members of the Legislature are not 
officers required to be voted for by 
the electors of the entire State, they 
do not come within the class who, 
when nominated as independent can- 
didates, require a petition to be signed 
by 300 electors, ib. 



Ch. 7. 



NOMINATIONS 



309 



Same: Restrictions on Independent Nominations. 

Sec. 386. No certificate of nomination shall contain the name of 
more than one candidate for each office to be filled. No person shall 
join in nominating* more than one person for each office to be filled, 
and no person shall accept a nomination to more than one office. 



Historical: Laws 1899, 33, Sec. 20; 
re-enacting Laws 1890-91, 57, Sec. 29. 

Signers of Petition: Persons who 
participated in nominating one person 
for an office at a political convention 



of one party, cannot afterwards sign 
a petition nominating another person 
belonging to another party for the 
same office. Phillips v. Curtis (1894) 
4 Ida. 193; 38 Pac. 405. 



Preservation of Certificates. 

Sec. 387. The Secretary of State, the auditors of the several coun- 
ties, and the clerks of the several municipal corporations, shall cause 
to be preserved, in their respective offices, for one year, all certificates 
of nominations ffied in their lesi.ective offices under the provisions 
of this chapter. All such certificates shall be open to public inspection 
under the proper regulations to be made by the officers with whom 
the same are filed. 

Historical: Laws 1899, 33, Sec. 21; 
re-enacting Laws 1890-91, 57, Sec. 30. 

Time for Filing Certificates. 

Sec. 388. Certificates of nomination to be filed with the Secretary 
of State shall be filed not more than sixty days and not less than 
thirty-five days before the day fixed by law for the election of the 
persons in nomination. Certificates of nomination herein directed 
to be filed with the county auditor shall be filed not more than sixty 
days and not less than twenty-five days before election. Certificates 
for the nomination of candidates for municipal offices shall be filed 
with the clerks of the respective municipal corporations not more 
than thirty days and not less than ten days previous to the day of 
election: Provided, That the time specified for filing certificates of 
nominations, as provided in this section, shall not be held to apply 
to nominations for special elections to fill vacancies caused by death, 
resignation or otherwise. 

Historical: Laws 1899, 33, Sec. 22; 
re-enacting Laws 1890-91, 57, Sec. 31. 

Names of Candidates to Be Certified by Secretary of State. 

Sec. 389. Not less than thirty days before an election to fill any 
public office, the Secretary of State shall certify to the county auditor 
of each county within which any of the electors may by law vote 
for candidates for such office, the name and description of each 
person nominated for such office, as specified in the certificates of 
nomination filed with the Secretary of State. 

Historical: Laws 1899, 33, Sec. 23; 
re-enacting Laws 1890-91, 57, Sec. 32. 

Declination of Nomination. 

Sec. 390. Whenever any person nominated for public office, as in 
this chapter provided, shall, at least thirty days before election, except 



310 



ELECTIONS 



Tit. 3 



in the case of municipal elections, in a writing signed by him, and 
certified to by the registrar of the precinct where the person nomi- 
nated resides, notifying the officer with whom the certificate nominat- 
ing him is by this chapter required to be filed, that he declines such 
nomination, such nomination shall be void. In municipal elections 
such declination must be made at least ten days before the election. 



Historical: Laws 18 99, 3 3, Sec. 24; 
re-enacting Laws 1890-91, 57, Sec. 33. 

Mandatory Provision: The provision 
of this section requiring declinations 
of nominees 'to be fined at least thirty 
days before election is mandatory, and 



the auditor may refuse to accept a 
declination presented for filing within 
thirty days of the election. Napton 
v. Meek (1902) 8 Ida. 625; 70 Pac. 
945. 



Historical: Laws 1899, 33, Sec. 25; 
re-enacting Laws 1890-91, 57, Sec. 34. 



Cited: Baker v. Scott (1895) 4 Ida. 
596; 43 Pac. 76. 



Use of Stickers on Tickets. 

Sec. 392. When any vacancy occurs before election day and after 
the printing of the tickets, and any person is nominated according 
to the provisions of this chapter to fill such vacancy, the officer whose 
duty it is to have the tickets printed and distributed, shall thereupon 
have printed a requisite number of stickers, and shall mail them by 
registered letter to the judges of election in the various precincts 
interested in such election. The distributing clerk, whose duty it 
is made by the provisions of this title to distribute the tickets, shall 



Mode of Filling Vacancies. 

Sec. 391. Should any person so nominated die before the printing 
of the tickets, or decline the nomination as in this chapter provided, 
or should any certificate of nomination be or become insufficient or 
inoperative from any cause, the vacancy or vacancies thus occasioned 
may be filled in the manner required for original nominations. If 
the original nomination was made by a party convention which had 
delegated to a committee the power to fill vacancies, such committee 
may, upon the occurring of such vacancies, proceed to fill the same. 
The chairman and secretary of such committee shall thereupon make 
and file with the proper officer a certificate setting forth the cause 
of the vacancy, the name of the person nominated, the office for 
which he was nominated, the name of the person for whom the new 
nominee is to be substituted, the fact that the committee was au- 
thorized to fill vacancies, and such further information as is required 
to be given in an original certificate of nomination. The certificate 
so made shall be executed in the manner prescribed for the original 
certificate of nomination, and shall have the same force and effect 
as an original certificate of nomination. When such certificate shall 
be filed with the Secretary of State, he shall, in certifying the nomi- 
nations to the various county auditors, insert the name of the person 
who has thus been nominated to fill a vacancy in place of that of the 
original nominee. And in the event that he has already sent forth 
his certificate, he shall forthwith certify to the auditors of the proper 
counties the name and description of the person so nominated to 
fill a vacancy, the office he is nominated for, the party or political 
principle he represents, and the name of the person for whom such 
nominee is substituted. 



Ch. 8. 



REGISTRATION 



311 



affix such stickers in the proper place on each ticket before it is given 
out to the elector. 

Historical: Laws 189 9, 33, Sec. 26; 
re-enacting- Laws 1890-91, 57, Sec. 35. 



CHAPTER 8. 
REGISTRATION OF ELECTORS. 



Section 

393. Appointment of registrars. 

394. Registration notices, books and 
supplies. 

395. Oath of registrar. 

396. Registration of voters: Elector's 
oath: Check lists. 

397. Preservation of registrar's pa- 
pers. 



Section 

39 8. Registrar to estimate tickets re- 
quired. 

3 9 9. Transfer certificates. 

400. Mandate to compel registration. 

4J1. Compensation of registrar. 



Appointment of Registrars. 

Sen. 393. The board of county commissioners of each county of 
the State must, at its regular meeting in July, next preceding each 
general election, appoint a registrar for each election precinct in 
the county, who must be a qualified elector, resident of such precinct, 
and otherwise a proper person and qualified to perform the duties 
of such office, and such registrar may hold his office until his successor 
is appointed and qualified. When any registrar fails to act, or the 
office becomes vacant, the said board, if in session, must appoint 
another registrar; or if said board is not in session, the chairman 
of the board must appoint; and should a registrar not be appointed, 
or from any cause, none should act, the electors may, on the second 
Saturday of September at one o'clock p. m. next preceding any gen- 
eral election to which this title is applicable, meet at the place in 
the precinct appointed by said board for the holding of such election, 
or should the board fail to appoint a place, then at the place where 
the last general election was held, and elect a registrar. 

Historical: Laws 1890-91, 57, Sec. 
40; re-enacted Laws 1899, 33, Sec. 31; 
amended Laws 1903, 354, Sec. 1. 

Registration Notices, Beoks and Supplies. 

Sec. 394. The said board must, prior to the first day of August 
next preceding any general election, cause notice to be given for not 
less than fifteen days, by publication in some newspaper published 
in the county if there be one, otherwise by at least three notices 
posted up in different parts of the county, one of which must be at 
the court house door, giving the names and general description of 
election precincts, the name of the registrar for each precinct, and 
the time during which registration may be made, which shall be, 
for every general election, during each Saturday including and from 
the first day of September, to and including the Saturday next pre- 
ceding the election. At the time of or before giving such notice, 
the board must furnish to each registrar two books, one to be known 
as the "election registrar" for the registry of qualified electors, and 



312 



ELECTIONS 



Tit. 3 



the other for the registry of rejected applicants. Each of such 
books must be ruled and headed substantially as follows : 















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(- 1 






























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At the same time the said board must furnish to the registrar 
the blank notices, certificates, oaths and all other blanks, books, and 
papers, needed and required to perform the duties of his office as 
such registrar. 



Historical: Laws 1890-91, 57, Sec. 
41; re-enacted Laws 1899, 33, Sec. 32; 



amended Laws 1903, 354, Sec. 1 
amended Laws 1905, 380, Sec. 1. 



Oath of Registrar. 

Sec. 395. Before entering upon the duties of his office, each 
registrar must take and subscribe, before any officer authorized to 
administer oaths, the official oath required of all officers acting 
under the laws of the State of Idaho, which, when so taken and sub- 
scribed, must be by him filed with the clerk of the board of county 
commissioners, and said registrar may thereupon register his own 
name in the elector's register. 

Historical: Laws 1899, 33, Sec. 33; 
re-enacting Laws 1890-91, 57, Sec. 42. 

Registration of Voters: Elector's Oath: Check Lists. 

Sec. 396. He must also, prior to the time of commencement of 
registration, post notices in at least three public places in different 
parts of his precinct, most likely to give notice to the inhabitants 
thereof, giving the time, days and hours during, and the place at 
which he will be ready to receive and hear applications for registra- 
tion, and he must thereafter, on the days named by him in said 
notice, be at the place designated, from the hours of nine o'clock 
a. m. to five o'clock p. m., and from seven o'clock p. m. to nine o'clock 
p. m., and receive and register the names of all persons applying, 
who are, or will be on the day of election for which registration is 
made, entitled to vote thereat. He must, also, on any other day of 
the week, except holidays, during said time of registration, register 
any such elector who may find and apply to him at his place of 
registration, and he may, at any time or place during said time of 
registration, register any such elector of his precinct. He may, at 
any time, examine under oath any applicant as to his qualifications, 



Ch. 8. REGISTRATION 313 

and he must examine and permit any qualified elector of his county 
to examine any applicant for registration, either when such applicant 
is not known to the registrar to be a qualified elector, or when any 
such qualified elector challenges such applicant and specifies his cause 
of challenge. 

When any applicant claims to be a naturalized citizen the pro- 
duction by him of his certificate of naturalization is prima facie 
evidence of citizenship. If he cannot produce such certificate, he must 
state, under oath, positively, the time when, and place and court 
where, he was naturalized; and he must by his own, or other testi- 
mony, make it satisfactorily appear to such registrar that he has 
been duly naturalized and that his certificate thereof has been lost, 
destroyed or is beyond his control ; and thereupon he must be deemed 
a citizen, and entitled to registration if otherwise qualified. All 
examinations before such registrar must be reduced to writing, when 
desired by such applicant, challenging elector or registrar. Such 
examination for any one applicant shall not exceed one-half hour, 
without the consent of the registrar. If any applicant refuses to 
answer all questions, give all information under his control, take all 
other oaths, and do all other acts and things required of him by law, 
his application must be rejected by the registrar. 

The registrar must, before he registers any applicant, require him 
to take and subscribe the oath to be known as the "Elector's Oath," 
which is as follows: 

ELECTOR'S OATH. 

I do swear (or affirm) that I am a citizen of the United States, 

of the age of twenty-one years, or will be the day of 

A. D. 19 (naming the date of the next succeeding election) ; that I 

have (or will have) actually resided in this State for six months, 
and in this county for thirty days next preceding the next ensuing 
election (in case of any election requiring a different time of resi- 
dence so make it) ; that I have never been convicted of treason, 
felony, embezzlement of public funds, bartering or selling or offering 
to barter or sell my vote, or purchasing or offering to purchase the 
vote of another, or other infamous crime, without thereafter being 
restored to the rights of citizenship ; that I will not commit any act 
in violation of the provisions in this oath contained; that I am not 
now registered or entitled to vote at any other place in this State; 
that I do regard the Constitution of the United States and the laws 
thereof, and the Constitution of this State and the laws thereof, as 
interpreted by the courts, as the supreme law of the land; (when 
made before a judge of election add: "and I have not previously 
voted at this election,") so help me God. 

(Signed) ..! 

Subscribed and sworn to before me this day of , 

A. W. 19 . 

Registrar of . ...Precinct, County, Idaho. 

When the registrar admits any one to registration he must enter, 
in the proper column of the "Elector's Register," the number, the 
name in full (except any middle name, which may be by initial), 



314 



ELECTIONS 



Tit. 3 



date of registry, age, place of nativity and residence of the elector 
so admitted. The residence must be so described by giving the house, 
street, ward, or part of the precinct he resides in, that it may be 
easily found; also it shall be stated, if a naturalized citizen, whether 
or not he produced his certificate, and the registrar may, in the 
column of remarks, add any pertinent notes. 

He must also enter the names, with statements similar to the 
above, of all persons who are refused registration, in the books kept 
for that purpose, and therein state the reason of such refusal. 

During the time between the last day of registration and the 
day of election each registrar must prepare for his "Elector's Regis- 
ter" two "check lists" of all the names registered by him, arranged 
alphabetically according to the surname, placing on the left of the 
name the same number it bears in the "Elector's Register," and on 
the right of the column of names, a blank column in which to indicate 
by the word "voted" when the elector votes; said "check lists" must 
have a heading showing for what election it was prepared and used; 
they must be carefully prepared without interlineations, in legible 
writing or typewriting, certified and sworn to by the registrar, and, 
not later than the day next preceding the election, he must deliver 
to one of the judges of election of his precinct his "Elector's Regis- 
ter," and the register containing the names of those refused regis- 
tration, and to each of the other two judges, who are not of the 
same political party, a copy of said "check lists," and such judges 
must, as the electors vote, write the word "voted" opposite their 
names in said "check lists," while the clerks of election keep the 
record of the electors voting as elsewhere provided in this title. 



Historical: Laws 1890-91, 57, Sec. 
43; re-enacted Laws 1899, 33, Sec. 
34; amended Laws 1903, 354, Sec. 
1; amended Laws 1905, 380, Sec. 1. 

Cited: Wilson v. Bartlett (1900) 7 
Ida. 271; 62 Pac. 416. 



Power to Administer Oath: This 
section confers upon the registrar the 
power to administer oaths. Terri- 
tory v. Anderson (1889) 2 Ida. 573; 21 
Pac. 417. 



Preservation of Registrars' Papers. 

Sec. 397. All persons offering to vote at any election are subject 
to challenge, as provided by the election laws, but registration of 
any elector's name is prima facie evidence of his right to vote, and 
no person shall vote unless he is first registered. 

Each registrar, after so preparing his "check lists," must arrange 
the "Elector's Oaths" taken before him in the order the names of 
the electors who took them appear upon the "check lists," and attach 
them together, putting the names under each letter in a separate 
package ; and all such oaths, certificates and written testimony taken 
by the registrar, and the register books of electors and persons re- 
jected, delivered to said judges, must all be transmitted, and other 
election returns, to the clerk of the board of county commissioners, 
who must preserve the same for at least one year. 



Historical: Laws 1899, 33, Sec. 35; 
re-enacting Laws 1890-91, 57, Sec. 44. 



Cited: Wilson v. Bartlett (1900) 7 
Ida. 271; 62 Pac. 416. 



Registrar to Estimate Tickets Required. 

Sec. 398. Each registrar must, twenty-five days previous to the 



Ch. 8. REGISTRATION 315 



day of election, notify the clerk of the board of county commission- 
ers of his county of the probable number of tickets required for the 
precinct of which he is registrar, basing his estimate upon the number 
of registered electors, allowing a sufficient number for contingencies. 

Historical: Laws 1899, 33, Sec. 36; 
re-enacting Laws 1890-91, 57, Sec. 45. 

Transfer Certificates. 

Sec. 399. When a registered elector desires to remove from a pre- 
cinct where he is registered, he may, at any time before the registrar 
has closed his registration books, apply to such registrar to have 
his name stricken from the register, and the registrar must then 
strike the name of such elector from the register, and shall deliver 
to said elector a transfer certificate substantially in the following 
form, to-wit: 

TRANSFER CERTIFICATE, 

"This certifies that was on the day of 

_ , 19 , duly registered in Precinct, in the County 

of , State of Idaho; and that at his own request his name 

has been this day erased from the official register of said precinct. 

"Witness my hand this day of ..., 19 

"Registrar of .Precinct, County, Idaho." 

Such transfer certificate shall entitle the elector named therein 
to be registered in any other precinct in the same county, if it be 
filed with the registrar of such other precinct at any time before the 
close of the last day of registration. 

Any elector who has taken out a transfer certificate as in this 
section provided, may personally file the same with the registrar 
of the precinct in which he desires to register and vote, or he may 
send his transfer certificate to such registrar by registered mail. 
If the elector file his transfer certificate personally, he shall be treated 
as any other applicant for registration ; if the elector send his trans- 
fer certificate by mail to the registrar, his name shall be entered in 
the official register and check lists; and on the check lists, opposite 
the name of each elector who has filed a transfer certificate person- 
ally, the registrar shall enter the words, "Registered by certificate, " 
and opposite the name of each elector who has sent his transfer 
certificate by mail the registrar shall enter, "Registered by certificate 
by mail," and the registry number appearing upon the envelope in 
which the transfer was sent to him. Upon the day of election, when 
an elector registered by transfer certificate by mail offers to vote, 
the judges of election, or one of them, shall, before receiving and 
depositing the ballot, administer to such elector the same oath that 
is required to be taken before registrars by all electors applying for 
registration, and shall require such elector to exhibit the original 
registered letter receipt issued to him when he mailed his transfer 
certificate to the registrar, and the number on the check list opposite 
the name of such elector must correspond with the number on the 
registered letter receipt. 



316 



ELECTIONS 



Tit. 3 



Historical: Laws 1899, 33, Sec. 37; 
re-enacting Laws 1890-91, 57, Sec. 46; 
amended Laws 1895, 91, Sec. 2. 

Mandate to Compel Registration. 

Sec. 400. Should any registrar at any time refuse to register any 
applicant, such applicant may apply to the District Court, or the 
Judge thereof, for a writ of mandate to compel the registrar to regis- 
ter him, and the provisions of the Code of Civil Procedure in similar 
proceedings are applicable. 



Historical: Laws 18 99, 33, Sec. 38; 
re-enacting- Laws 1890-91, 57, Sec. 47. 



Cross Reference : 

4976-4989. 



Mandate: Sees. 



Compensation of Registrar. 

Sec. 401. The several registrars shall receive such compensation 
as shall be allowed by the board of county commissioners, which in 
no case shall exceed twenty-five cents for each name registered, and 
the compensation herein provided for shall be paid out of the current 
expense fund. 



Historical: Laws 1890-91, 57, Sec. 
48; re-enacted Laws 1899, 33, Sec. 
39; amended Laws 1903, 354, Sec. 1. 
Omitting the provision for names car- 
ried from the old to the new election 



CHAPTER 9. 
BALLOTS AND SUPPLIES. 



Section 

402. Official election stamp. 

Ballot boxes. 

Official ballots to be provided. 

Form and contents of ballots. 

Submission of special questions. 

Same: Errors and omissions. 

Only official ballots counted. 



403. 
404. 
405. 
406. 
407. 
408. 



Section 

409. Folding of ballots. 

410. Distribution of ballots. 

411. Record of number of ballots. 

41ii Delivery of and receipt for sup- 
plies. 

413. Instruction cards and sample 
ballots. 



Official Election Stamp. 

Sec. 402. The board of county commissioners shall, at their regu- 
lar meeting in July next preceding a regular election, make provision 
for an official election stamp (which must bear the date and year 
of the election at which it is used, and the words "official ballot"), 
of such character or device, and of such material, as said board 
may select, and such official stamp must be changed at each general 
election and kept secret by the officers furnishing and using it, as 
provided by law, and no one else must know of its form or make 
until used according to law. It is also the duty of the county com- 
missioners, at their regular session in July next preceding a general 
election, to authorize the county auditor to provide a suitable num- 
ber of election tickets for the county, said tickets to be printed under 
the same regulations as other county printing. The tickets must 
be bound in book form, each book containing one hundred tickets 
and printed in the manner prescribed by law. 



register, which is obsolete because 
now all voters must register anew for 
each election. See Laws 1905, 380 
(Sec. 396 ante). 



Historical: Laws 1899, 33, Sec. 44; 
re-enacting- Laws 1890-91, 57, Sec. 53. 



CL 9. 



BALLOTS AND SUPPLIES 



317 



Ballot Boxes. 

Sec. 403. The county commissioners must provide, at the expense 
of the county, suitable ballot boxes, with lock and key, and an opening 
in the lid sufficient to admit a single folded ballot, and no larger, 
and similar boxes for the use of the distributing clerks, in which 
they shall deposit defaced, mutilated and returned ballots. The keys 
must be delivered to one of the judges designated by the board. 

Historical: Laws 18 9 9, 33, Sec. 45; 
nacting Laws 1890-91, 57, Sec. 54. 

Official Ballots to Be Provided- 
Sec. 404. Except as in this title otherwise provided, it shall be 
the duty of the county auditor of each county to provide printed ballots 
for every election for public officers in which electors, or any of the 
electors, within the county, participate, and cause to be printed in 
the ballot the name of every candidate whose name has been certified 
to or filed with the county auditor in the manner provided for in this 
title. Ballots, other than those printed by the respective county 
auditors, according to the provisions of this title, shall not be cast 
or counted in any election. Nothing in this title contained shall pre- 
vent any voter from writing on his ticket the name of any person 
for whom he desires to vote for an office, and such vote shall be 
counted the same as if printed upon the ballot and marked by the 
voter. The voter may place a cross (X) opposite the name he has 
written, but his having written the name of his choice is sufficient 
evidence that such is the person for whom he desires to vote. Elec- 
tions for school district officers are excepted from the provisions of 
this section. In all municipal elections the duties specified in this 
section as devolving on the county auditor shall devolve on the mu- 
nicipal clerk. 



on the ballot in the proper column 
the names of the candidates whose 
nominations have been duly certified 
to him; he cannot reject the name of 
any nominee on the ground that he 
is ineligible to the office for which 
he is nominated. Miller v. Davenport 
(1902) 8 Ida. 593; 70 Pac. 610. 



Historical: Laws 1899, 33, Sees. 46, 
47, re-enacting Laws 1890-91. 57, Sees. 
55, 56. 

Cross Reference: Secret ballot 
guaranteed: Const. Art. 6, Sec. 1. 

Duties of Auditor: A county audi- 
tor in preparing official ballots acts 
ministerially only, and must place up- 

Form and Contents of Ballots. 

Sec. 405. All election ballots prepared under the provisions of this 
title for the election of candidates for office shall be white in color, 
and of good quality of printing paper, and the name shall be printed 
thereon in black ink. 

Every ballot shall contain thereon the names of every candidate 
whose nomination for any office specified in the ballot has been 
certified or filed according to the provisions of this title, but no name 
shall appear thereon more than once. 

The ballot shall be of sufficient size to contain the names of all 
the candidates and questions to be voted on, exclusive of the stub or 
counterfoil. The width of the stub or counterfoil shall be two inches, 
and of the same length as the ballot. Each stub shall be consecutively 
numbered, beginning with number one; the ballot and stub being 
connected by a perforated line. 



318 ELECTIONS Tit. 3 

The width of the ballot must be divided into equal perpendicular 
spaces, one for each political party represented by the different op- 
posing candidates, in which the tickets of the different parties must 
be printed, and one similar in which only the names of the different 
offices to be filled at the election shall be printed, and below which 
the voter may write the names of the persons he wishes to vote for. 
These perpendicular spaces, or party tickets, must each be surrounded 
by very heavy leaded lines, and between each space, or party ticket, 
there must be a blank space of at least one inch. At the top of each 
of said spaces, or party tickets, must be left a space wherein must 
be printed any emblem which the several political parties may, 
through their several state conventions, respectively select, and at 
the same time that the officers of such convention certify to the 
Secretary of State the names of the persons nominated by such con- 
ventions, they shall also certify to him such emblem, which the Sec- 
retary of State must certify to the several county auditors, when he 
certifies to them the names of the candidates for the State offices: 
Provided, however, That no political party may use the national flag 
as its emblem, nor the emblem already adopted by any other political 
party. Immeditely below the emblem or the space therefor, the cap- 
tion or name of the political party must be printed on one straight line 
and in a size of type not smaller than long primer. Immediately 
below the middle of such caption or name, must be printed a circle at 
least three-fourths of an inch in diameter, within which the voter 
may place a cross (X), and thereby he votes, and his vote must be 
counted for all the candidates named in that perpendicular space, or 
party ticket, except such as he shall erase by drawing lines through 
the names of those he does not wish to vote for. Immediately be- 
low the circle above named must be drawn a horizontal line, below 
which must be printed the names of the offices, to be printed in 
small capitals, and the names of the candidates therefor in not smaller 
than long primer capitals. 

When a President and Vice President of the United States are 
to be elected, the name of the office and the names of the candidates 
for electors must be printed in like type as directed for other offices 
and candidates, immediately below the last named horizontal line. 
The name of each office and the candidate therefor must be included 
in one space, but separated from other offices and candidates by 
horizontal lines. To the right of names of the offices and candidates 
must be a light ruled perpendicular line, within which, and opposite 
the name of each candidate, must be printed a circle one-half inch 
in diameter, within which, if the voter places a cross (X) his vote 
must be counted for the candidate whose name is thus marked: 
Provided, That if he has placed a cross in the large circle at the head 
of the ticket, his cross opposite the name of the candidate in any 
other ticket must not be counted unless he has erased the name of 
any opposing candidate in the ticket in which he placed his cross (X) 
in the large circle. The voter may, instead of placing a cross in the 
large circle, vote only for such candidates as he desires, by placing 
a cross on the right of their names in the small circle, or by writing 
in the blank ticket the names of the persons he desires to vote for, 
and placing a cross on the right of their names in the circle. Circles 



Gh. 9. 



BALLOTS AND SUPPLIES 



319 



one-half inch in diameter must be placed in the blank perpendicular 



You can vote a ticket "straight" by placing an X in large circle below name < 
straight ticket you do not wish to vote for, and placing an X in small circle on r 



(Emblem.) 
REPUBLICAN TICKET 




FOR CONGRESS 

JOHN JONES 



FOR GOVERNOR 

WILLIAM JOHNS 



OR SECRETARY OF STATE 

HENRY BOND 



FOR REPRESENTATIVES 

JOHN DOE 
GEORGE HOOD 

WILLIAM V™T 

JOHN OSBORNE 



V2 inch 







(Emblem.) 
DEMOCRATIC TICKET 




FOR CONGRESS 

ALEXANDER KNIGHT 



FOR GOVERNOR 

CONRAD DWIGHT 



FOR SECRETARY OF STATE 

RICHARD ROE 



FOR REPRESENTATIVES 

GEORGE FOX 
ANDREW WILSON 

JOHN ALSTON 
ASA DALE 







tne space to the right of each question. The ballot shall be of sufficient 



318 



ELECTIONS 



Tit. 3 



The width of the ballot must be divided into equal perpendicular 
spaces, one for each political partv rpnrp.spnt.pH Vw trip Aifpavant 
posing candidates, in which th< 
be printed, and one similar in 
offices to be filled at the electi 
the voter may write the names 



h h ™?T?i U lLT eS ' ° r l Pacing an X in large circle below na 
by very heavy leaded lines, am \ , _ . * . „ . ■ 

there must be a blank space of e for > and Pacing an X in small circle 
of said spaces, or party tickets 



m< 
on 



be printed any emblem which 
through their several state cor 
the same time that the officer 
Secretary of State the names o 
ventions, they shall also certify 
retary of State must certify to 
certifies to them the names of 
Provided, however, That no pol 
as its emblem, nor the emblem 
party. Immeditely below the e 
tion or name of the political par 
and in a size of type not sma 
below the middle of such captio: 
least three-fourths of an inch " 
may place a cross (X), and th 
counted for all the candidates r 
party ticket, except such as he 
the names of those he does no- 
low the circle above named mu 
which must be printed the na 
small capitals, and the names of 
than long primer capitals. 

When a President and Vic( 
to be elected, the name of the c 
for electors must be printed in 
and candidates, immediately b 
The name of each office and th( 
in one space, but separated f: 
horizontal lines. To the right ( 
must be a light ruled perpendic 
the name of each candidate, m 
in diameter, within which, if t 
must be counted for the cane 
Provided, That if he has placed 
of the ticket, his cross opposit 
other ticket must not be counte 
any opposing candidate in the ti 
in the large circle. The voter i 
large circle, vote only for such 
a cross on the right of their na 
in the blank ticket the names c 
and placing a cross on the righ 



(Emblem.) 
DEMOCRATIC TICKET 




FOR CONGRESS 

ALEXANDER KNIGHT 



FOR GOVERNOR 
CONRAD DWIGHT 



FOR SECRETARY OF STATE 

RICHARD ROE 



FOR REPRESENTATIVES 

GEORGE FOX 



ANDREW WILSON 



JOHN ALSTON 



ASA DALE 








v \jx liicii iictmcs in uit; uncie. untico 



Oh. 9. 



BALLOTS AND SUPPLIES 



319 



one-half inch in diameter must be placed in the blank perpendicular 
^n/.o /~m fVio hdllnt fnr fViP name nf pa.r.h randidatp. who mav be 



party you wish to vote for. You can "scratch" your ticket by erasing name on 
ht of name you wish to vote for. See illustration on Representatives ticket. 



(Emblem.) 
POPULIST TICKET 




FOR CONGRESS 



FOR GOVERNOR 



FOR SECRETARY OF STATE 



FOR REPRESENTATIVES 










O 

< 

X 

o 

w 
o 




FOR CONGRESS 



FOR GOVERNOR 



FOR SECRETARY OF STATE 



FOR REPRESENTATIVES 










tne space to tne ngnr 01 eacn question, i ne oanor snan oe 01 sumcienx 



318 ELECTIONS Tit. 3 



The width of the ballot must be divided into equal perpendicular 
soaces. one for each nolitiVal nart.v rpnrp^pntprl hv fh<=> Hiffavanf ^*% 



^"" v "'0 



Ch, 9. BALLOTS AND SUPPLIES 319 



one-half inch in diameter must be placed in the blank perpendicular 
space on the ballot, for the name of each candidate who may be 
therein voted for. All the names of the several like offices and the 
several opposing candidates therefor must be placed on the same 
horizontal straight line. On the ballot, in aid of the voter, may be 
placed such words or explanations as "Vote for one," "Vote for 
three," "Yes," "No," and the like. The same margin must be left 
above and below the printed matter. The face of the ballot and the 
stub thereof must be in substantially the following form: 

(See accompanying form.) 

At the general elections held in this State nothing shall be placed 
on the main ballots excepting the names of the different tickets, the 
emblems, if any, of the different parties, the names of candidates for 
the different offices on the several party tickets, and the circles as 
herein provided for. 

When a constitutional amendment is to be submitted to a vote 
of the people the question shall be printed on a separate ballot on 
pink colored paper, and this colored paper shall not be used in print- 
ing ballots referring to any other questions than those of constitu- 
tional amendment : Provided, That if more than one one constitutional 
amendment is to be voted on at any election they shall all be printed 
on one ballot. 

All other questions to be submitted to the votes of the people, 
excepting constitutional amendments and county seat or boundary 
questions shall be printed on separate ballots, on light blue colored 
paper: Provided, That if more than one question is to be submitted 
at any election they shall all be printed on one ballot. 

The county auditors of each county in the State shall cause such 
separate ballots to be printed and furnished for each precinct in 
their respective counties at all general elections, the ballots to be 
prepared as follows : 

The ballots shall be seven inches wide and shall be attached to 
a stub or counterfoil two inches wide by a perforated line. At the 
top of the pink colored ballots shall be the words "Constitutional 
Amendment" or "Constitutional Amendments," as the case may be, 
and at the top of the blue colored ballots shall be the words "Other 
Question" or "Other Questions," as the case may be. Below these 
words, and one-half inch from the upper margin, on each ballot, a 
line shall be printed reaching the full width thereof. From a point 
one inch from the right end of this line, a perpendicular line shall 
be printed reaching to the lower margin of the ballot. In the space 
to the left of this perpendicular line shall be printed the question 
to be submitted to the vote of the people as now required by law. 
In the space to the right of this perpendicular line two circles each 
one-half inch in diameter shall be printed, one above the other with 
the word "Yes" to the left of the upper circle, and the word "No" 
to the left of the lower circle. The voter may place a cross (X) 
within one of these circles and thereby he votes. Should two or 
more questions be submitted to a vote on the same ballot, they shall 
be separated from each other by a printed line running the full width 
of the ballot, and two circles as provided above shall be printed in 
the space to the right of each question. The ballot shall be of sufficient 



320 



ELECTIONS 



Tit. 3 



length to contain all questions submitted, printed in long primer type. 
The stubs or counterfoil shall contain the name of the county, the 
date of the election, and shall be numbered consecutively from one 
upwards for each separate precinct in the county. 



Historical: Laws 1890-91, 57, Sec. 
57; re-enacted Laws 1899, 33, Sec. 48; 
amended Laws 1903, 354, Sec. 1; 
amended Laws 1905, 311, Sec. 1. 
The words "and county seat or boun- 
dary questions" in the third paragraph 
from the end are inserted for the 
reasons stated in the note to Sec. 
479, which see. 

Cited: (Concur, op.) Green v. State 
Board Canvassers (1896) 5 Ida. 130; 
47 Pac. 259. 

Party Tickets: Only one ticket un- 
der the recognized name or designa- 



tion of a political party is entitled to 
be placed upon the official ballot. Wil- 
liams v. Lewis (1898) 6 Ida. 184; 54 
Pac. 619. 

Same — Determination of Conflict: 

Where contention arises between two 
conventions of the same party as to 
which is entitled to have the ticket 
nominated by it placed upon the offi- 
cial ballot under the recognized party 
name, the question will be decided in 
favor of the ticket nominated by the 
convention called by the regular State 
Central Committee of the party. lb. 



Same: Submission of Special Questions. 

Sec. 406, Whenever the Secretary of State has duly certified to 
the county auditor any question to be submitted to a vote of the 
people, the county auditor shall have a separate ballot printed there- 
for in the form prescribed by the preceding section for such question. 
The county auditor shall also prepare the necessary tickets whenever 
any question is required by law to be submitted to the vote of the 
electors of any locality, and not to the State generally: Provided, 
however, That in all questions submitted to the voters of a municipal 
corporation alone, it shall be the duty of the municipal clerk to pro- 
vide the necessary tickets. 



Historical: Laws 1899, 33, Sec 49; 
re-enacting Laws 1890-91, 57, Sec. 58. 
The clause "a separate ballot printed 
therefor in the form prescribed by 
the preceding section for such ques- 
tion", is inserted in place of "printed 
on the regular tickets the question in 
such form as will enable the electors 



to vote upon the question so pre- 
sented in the manner as in this act 
provided ", to conform to the require- 
ment of separate ballots prescribed by 
the preceding section as amended in 
1905. In the 1899 law special ques- 
tions were required to be printed on 
the regular ballots. 



Same: Errors and Omissions. 

Sec. 407. Whenever it shall appear by affidavit that an error or 
omission has occurred in the publication of the names or descriptions 
of the candidates nominated for office, or in the printing of the 
tickets, the probate court of the county may, upon application of 
any elector, by order, require the county auditor or municipal clerk 
to correct such error, or to show cause why such error should not 
be corrected. 



Historical: Laws 1899, 33, Sec 50; 

re-enacting Laws 1890-91, 57, Sec. 59. 

Defective Ballots — Correction: 

Where a candidate for a county of- 
fice neglects to have a defect in the 
official ballot corrected as provided 
for in this section, he cannot after 



the election is had and he finds him- 
self defeated, raise the objection that 
the name of the successful candidate 
was improperly placed on the official 
ballot. Baker v. Scott (1895) 4 Ida. 
596; 43 Pac. 76. 



Only Official Ballots Counted. 

Sec. 408. No ballot must be used or counted at any election except 
the legal ballot printed by the county auditor, or, in the case of munic- 
ipal elections, by the clerk of the municipality, and distributed accord- 



Ch. 9. BALLOTS AND SUPPLIES 321 



ing to law by the distributing clerk within the polling place. And no 
ticket must be distributed by the distributing clerk, or permitted to 
be used by the election officers, which has any mark or thing on the 
back or outside thereof whereby it might be distinguished from any 
other ballot legally used on the same day. No ballot or ticket printed 
in imitation of the legal ticket furnished by the county auditor, or, 
in the case of municipal elections, by the clerk of the municipality, 
according to law, shall be circulated on the day of election, or brought 
into the polling place, and no elector shall be permitted to vote any 
other ballot than the one he received from the distributing clerk. 

Historical: Laws 18 99, 33, Sec. 51; 
re-enacting Laws 1890-91, 57, Sec. 60. 

Folding of Ballots. 

Sec. 409. Every ticket, when used as a ballot, must be folded so 
as to conceal its contents and to expose the impression of the official 
election stamp on the back. 

Historical: Laws 18 99, 33, Sec. 52; 
re-enacting Laws 1890-91, 57, Sec. 61. 

Distribution of Ballots. 

Sec. 410. It shall be the duty of the county auditor of the county 
(or the municipal clerk in the case of municipal elections) to furnish 
and cause to be delivered to the judges of election of each election 
precinct within the county (or within the municipality in case of 
municipal elections), and in which the election is to be held, at the 
polling place of the precinct before the opening of the polls, the 
proper number of tickets as required by this title: Provided, That 
not less than one hundred tickets shall be furnished for each fifty 
or fraction of fifty electors registered in each precinct in the county 
(and in the case of municipal elections, each precinct in the mu- 
nicipality) . 

Historical: Laws 1899, 33, Sec. 53; 
re-enacting Laws 1890-91, 57, Sec. 62. 

Record of Number of Ballots. 

Sec. 411. The county auditor of each county shall keep a record 
of the number of tickets printed and furnished to each polling place 
and preserve the same for one year. 

Historical: Laws 1899, 33, Sec. 54; 
re-enacting Laws 1890-91, 57, Sec. 63. 

Delivery of and Receipt for Supplies. 

Sec. 412. The required number of tickets, together with the official 
stamp and ink pad for the purpose of stamping or designating the 
official tickets, as hereinbefore provided, shall be delivered to the 
judges of election in sealed packages, with marks on the outside 
clearly designating the polling place for which they are intended, 
upon receipt of which at least a majority of the judges of election 
must return receipts therefor to the county auditor in case of county 
elections, and to the clerk of the municipality in case of municipal 
elections, and the several auditors and clerks shall preserve the re- 
ceipts for one year. 



322 



ELECTIONS 



Tit. 3 



Historical: Laws 18 99, 3 3, Sec. 55; 
re-enacting Laws 1890-91, 57, Sec. 64. 

Instruction Cards and Sample Ballots. 

Sec. 413. The county auditor of each county in case of a general 
election, and the several city clerks in case of city elections, shall 
prepare full instructions for the guidance of voters at such elections, 
as to obtaining tickets, as to the manner of marking them, and as 
to obtaining new tickets in place of those accidentally spoiled, and 
they shall respectively cause the same, together with copies of Sec- 
tions 6370, 6371 and 6372, of the title relating to crimes against the 
elective franchise, to be printed in large, clear type, on separate cards, 
to be called cards of instruction. The county auditor of each county, 
and the several city clerks in case of a municipal election, shall fur- 
nish four such cards to the judges of election in each election pre- 
cinct, and one additional card for each fifty registered electors or 
fractional part thereof, at the same time and in the same manner 
as the printed tickets. The judges of election shall post not less than 
one of such cards in each place or compartment provided for the 
preparation of tickets, and not less than three of such cards elsewhere 
in and about the polling places, upon the day of election. The county 
auditor of each county, and the several city clerks in case of a mu- 
nicipal election, shall cause to be printed on tinted or colored paper, 
without official indorsement of any kind, and furnish to the judges 
of election of each election precinct, at the same time and in the 
same manner as the official tickets and official stamps, six sample or 
specimen tickets and one additional sample ticket for each fifty regis- 
tered electors or fractional part thereof in the precinct. The sample 
tickets shall be printed like the official or regular tickets, and of 
the same size without the stub. There shall be posted in each of 
the compartments or booths, one of the sample tickets without the 
official stamp, and not less than four such tickets shall be posted 
elsewhere in and about the. polling places on the day of election. It 
shall be the duty of the same officers, at the same time and in the 
same manner, to provide and furnish to each polling place proper 
and necessary supplies and conveniences for marking the tickets. 

Historical: Laws 1899, 33, Sec. 56; 
re-enacting Laws 1890-91, 57, Sec. 65. 

CHAPTER 10. 
CONDUCT OF ELECTION. 



Section 

414. Election officers to take oath. 

415. Opening and closing of polls. 

416. Changing polling place. 

417. Same: Proclamation and no- 
tice. 

418. Opening ballot boxes. 

419. Opening supplies. 

42 0. Judges may administer oaths. 
421. Duties of constable. 
4 2 2. Voting to continue during elec- 
tion. 



Section 

423. Delivery of ticket to elector. 

42 4. Manner of voting. 

425. Spoiled ballots. 

426. Deposit of ballot in box. 
426a. Same: Unstamped ballots. 

42 7. Officers not to divulge informa- 
tion. 

42 8. Challenging voters. 

42 9. Challenge for want of citizen- 
ship. 

430. Same: For conviction of felony. 



Ch. 10. CONDUCT OF ELECTION 323 



Section 


Sectior 


431. Same: For want of residence: 


435. , 


For non-age. 


436. 


432. Same: Residence: How deter- 


437. ] 


mined. 


1 


433. Oath of challenged person. 


438. ] 


434. Duty of clerks. 





Judge's duty to challenge. 

Refusal to take oath. 

Disposal of stubs and defaced 
tickets . 

Form of poll lists. 



Election Officers to Take Oath. 

Sec. 414. Before opening the polls, all officers of election must 
take and subscribe an oath to faithfully perform the duties imposed 
upon them by law. Any elector of the township may administer and 
certify such oath. 

Historical: Laws 1899, 33, Sec. 58; 
re-enacting Laws 1890-91, 57, Sec. 67. 

Opening and Closing of Polls. 

Sec. 415. At all elections to be held under this title, the polls must 
be opened at the hour of eight o'clock in the forenoon, if the regularly 
appointed judges of election and distributing clerk are present; but 
in case they are not present, then the polls must not be opened by 
the judges or distributing clerk elected until the hour of nine o'clock, 
unless a majority of the regular appointed judges are present, and 
the polls must continue open until seven o'clock in the evening of 
the same day, at which time the polls must be closed ; and upon 
opening the polls, one of the clerks, under the direction of the judges, 
must make proclamation of the same; and thirty minutes before 
closing the polls, proclamation must be made in like manner, and 
the polls closed in half an hour thereafter. 

Historical: Laws 1899, 33, Sec. 59; 
re-enacting Laws 1890-91, 57, Sec. 68. 

Changing Polling Place. 

Sec. 416. Whenever it shall become impossible or inconvenient to 
hold an election at the place designated therefor, the judges of elec- 
tion, after having assembled as near as practicable to such place, and 
before receiving any vote, may adjourn to the nearest convenient 
place for holding the election, and at such adjourned place forthwith 
proceed with the election. 

Historical: Laws 1899, 33, Sec. 60; 
nacting Laws 1890-91, 57, Sec. 69. 

Same: Proclamation and Notice. 

Sec. 417. Upon adjourning any election, as provided in the pre- 
ceding section, the judges shall cause proclamation thereof to be 
made, and shall post a notice upon the place where the adjournment 
was made from, notifying electors of the change of polling place. 

Historical: Laws 1899, 33, Sec. 61; 
nacting Laws 1890-91, 57, Sec. 70. 

Opening Ballot Boxes. 

Sec. 418. Before receiving any ballots the judge must, in the pres- 
ence of any persons assembled at the polling place, open and exhibit, 
close and lock, the ballot boxes, and thereafter they must not be 



324 ELECTIONS Tit. 3 

removed from the polling place until all the ballots are counted, nor 
must they be opened until after the polls are finally closed, and then 
in the presence of the bystanders: Provided, That in precincts hav- 
ing two sets of election officers and duplicate ballot boxes, as provided 
for in Sections 443 to 447, inclusive, of this title, said ballot boxes 
may be opened during the election for the purpose of counting the 
ballots as in said sections provided. 

Historical: Laws 1899, 33, Sec. 64; Proviso added to conform to Laws 

re-enacting Laws 1890-91, 57, Sec. 73. I 1899, 372, (Sees. 443-447 post). 

Opening Supplies. 

Sec. 419. The judges of election, on the opening of the polls, must 
break the sealed packages of election tickets, official stamp and other 
supplies, in the presence of bystanders. 

Historical: Laws 1899, 33, Sec. 65; 
re-enacting Laws 1890-91, 57, Sec. 74. 

Judges May Administer Oaths. 

Sec. 420. Either judge may administer and certify any oath re- 
quired to be administered during the progress of an election, and 
either judge may challenge a voter of whose qualifications to vote 
he is in doubt, but in such case one of the remaining judges must 
administer the oath. 

Historical: Laws 1899, 33, Sec. 66; Phraseology transposed so as to ren- 

re-enacting Laws 1890-91, 57, Sec. 75. der the section grammatical. 

Duties of Constable. 

Sec. 421. The constable of the precinct shall be in attendance at 
the polling place on the day of election, and, where there is no con- 
stable, the judges of election may appoint some capable person to 
act as such during the election, and he shall have the power to make 
arrests for disturbance of the peace, as provided by law for such 
officers, and he shall allow no one within the guard rail of the polling 
place except those who go to vote, and shall allow but one elector in 
a compartment at one time. 

Historical: Laws 1899, 33, Sec. 76; 
re-enacting Laws 1890-91, 57, Sec. 85. 

Voting to Continue During Election. 

Sec. 422. Voting may commence as soon as the polls are opened, 
and may be continued during all the time the polls remain open. 

Historical: Laws 1899, 33, Sec. 72; 
re-enacting Laws 1890-91, 57, Sec. 81. 

Delivery of Ticket to Elector. 

Sec. 423. An elector desiring to vote shall give his name and, if 
requested to do so, his residence, to one of the clerks of election, who 
shall thereupon announce the same in a loud and distinct tone of 
voice, clear and audible, and if such name is found on the check list 
by the election officer having charge thereof, he shall likewise repeat 
the said name, and the voter shall be allowed to enter the space en- 
closed by the guard rail as hereinbefore provided. The distributing 



Ch. 10. CONDUCT OF ELECTION 325 

clerk shall give him one, and only one, ticket, and his name shall be 
immediately checked on said list by placing a mark on the registry 
list to denote that he has received a ticket, and the ticket must be 
stamped on the back and near the top of the ticket with the official 
stamp by the distributing clerk, and thereupon delivered to the elector. 
Besides the election officers, not more than one voter, in excess of the 
voting shelves or compartments provided, shall be allowed in said 
enclosed space at one time. 

Historical: Laws 1899, 33, Sec. 68; 
re-enacting Laws 1890-91, 57, Sec. 77. 

Manner of Voting. 

Sec. 424. On receipt of his ticket, the voter shall forthwith and 
without leaving the enclosed space, retire alone to one of the voting 
shelves or compartments so provided, and shall prepare his ticket by 
marking in the appropriate margin, or place a cross (X) opposite 
the name of the candidate of his choice for each office to be filled, 
or in the circle provided therefor at the head of the several party 
tickets, or by filling in or writing the name of the person for whom 
he wishes to vote in the blank space provided therefor in the column 
or division of the ticket for that purpose provided, and marking a 
cross (X) opposite thereto; and in case of a question submitted to a 
vote of the people, by marking in the appropriate margin or place a 
cross (X) against the answer which he desires to give. Before 
leaving the voting shelf or compartment the voter shall fold his ticket 
without displaying the marks thereon, and so as to expose the im- 
pression of the official stamp on the back, and he shall keep the same 
so folded until he has voted. He shall then hand his ballot to one 
of the judges and announce his name. He shall mark his ticket or 
ballot without delay and shall quit said enclosed space as soon as 
he has voted. 

No such voter shall be allowed to occupy a voting shelf or com- 
partment already occupied by another, nor to remain within said 
enclosed space more than ten minutes, nor to occupy a voting shelf 
or compartment more than five minutes in case all of such shelves or 
compartments are in use and other voters are waiting to occupy the 
same. No voter, not an election officer, whose name has been checked 
on the list of the election officers, shall be allowed to re-enter said 
enclosed space during said election. It shall be the duty of the judges 
for the time being to secure the observance of the provisions of this 
section : Provided, That if any registered elector, who is blind or 
otherwise disqualified by reason of physical infirmities rendering such 
voter incapable of personally marking his ballot, desires to vote, then 
and in that case, any two of the judges not of the same political party 
may, at the request of such elector, mark and prepare his ballot for 
him, placing an (X) mark in the proper place and opposite the names 
of the candidates for whom such elector desires to vote. When the 
ballot so marked by the judges is properly prepared and folded it 
shall be given to the elector, who shall deliver it to the proper judge 
to be deposited in the ballot box, as in other cases. The judges 
assisting any such physically incapacitated elector in the preparation 
of his ballot, must not influence or attempt to influence such voter 



326 



ELECTIONS 



Tit. 3 



in the selection of candidates to be voted for, and any judge who 
has assisted any such elector, who shall divulge to any person the 
name of any candidate for whom such elector voted, shall be guilty 
of a misdemeanor. 



Historical: Laws 18 9 9, 33, Sec. 69; 
re-enacting- Laws 1890-91, 57, Sec. 78; 
amended Laws 1895, 91, Sec. 4. The 
clause "or in the circle provided 
therefor at the head of the sev- 
eral party tickets" is added to con- 



form to Laws 1905, 311, Sec. 1 (Sec 
405 ante). 

Cross Reference: As to manner of 
voting, see also Sec. 405. 



Spoiled Ballots. 

Sec. 425. No person shall take or remove any ticket from the 
polling place before the close of the polls. If an elector inadvertently 
or by mistake spoils a ticket, he shall return it folded to the dis- 
tributing clerk, who must, if satisfied of such inadvertence, give him 
another ticket. The ticket thus returned shall, without examination, 
be immediately canceled by writing across the back, or outside of 
the ticket as folded, the words "Spoiled ticket, another issued," and 
deposit the defaced ticket in a box provided for that purpose. And 
no one shall be allowed within the guard rails of the polling place, 
except the election officers duly appointed, together with the number 
of voters, as provided in this chapter. 



Historical: Laws 1899, 33, Sec. 70; 
re-enacting Laws 1890-91, 57, Sec. 79. 



Cross Reference: Number of voters 
allowed inside the rails: Sec. 423. 



Deposit of Ballots in Box. 

Sec. 426. The judge to whom any ballot may be delivered shall, 
upon the receipt thereof, pronounce in an audible voice the name of 
the elector, and if no objection shall be made to him, and the judges 
are satisfied that he is a legal voter, and is duly registered, and the 
official stamp is plainly visible on the outside of the folded ballot, 
he shall, without opening or examining, immediately deposit the ballot 
in the ballot box, and the clerks of the election shall enter the name 
of the elector in the poll books. 

Historical: Laws 1899, 33, Sec. 73; 
re-enacting Laws 1890-91, 57, Sec. 82. 

Same: Unstamped Ballots. 

Sec. 426a. No judge of election shall deposit in any ballot box any 
ballot upon which the official stamp, as hereinbefore provided for, 
does not appear. Every person violating the provisions of this sec- 
tion shall be guilty of a misdemeanor. 

Historical: Laws 1899, 33, Sec. 74; 
re-enacting Laws 1890-91, 57, Sec. 83. 

Officers Not to Divulge Information. 

Sec. 427. No officer, judge or clerk shall communicate, except for 
some purpose authorized by law, before the polls are closed, any 
information as to the name or number on the registry list of any 
elector who has not applied for a ticket, or who has not voted at 
the polling place; and no officer, judge or clerk, or other person whom- 



Ch. 10 



CONDUCT OF ELECTION 



327 



soever, shall interfere with, or attempt to interfere with, a voter 
when marking his ticket. No officer, judge or clerk, or other person, 
shall, directly or indirectly, attempt to induce any voter to display 
his ticket after he shall have marked the same, or to make known 
to any person the name of any candidate for or against whom he may 
have voted. 

Historical: Laws 189 9, 33, Sec. 75; 
re-enacting Laws 1890-91, 57, Sec. 84. 

Challenging Voters. 

Sec. 428. In case any person offering to vote is challenged, one 
of the judges must declare the qualifications of an elector to such 
person ; if the person so challenged then declare himself duly qualified, 
and the challenge is not withdrawn, one of the judges must then 
tender him the elector's oath, as provided for in Section 396. 



Historical: Laws 18 99, 33, Sec. 77; 
re-enacting Laws 1890-91; 5 7, Sec. 8 6. 
"Section 396" for "Section 43." The 
reference in the 1899 law was inaccu- 



rate as it was to Sec. 43, whereas it 
should have been to Sec. 34 which re- 
enacted Sec. 43 of the 1891 act. 



Same: Challenge for Want of Citizenship. 

Sec. 429. If the person be challenged as unqualified, on the ground 
that he is not a citizen, and will not exhibit his papers pertaining 
to his naturalization, the judges, or one of them, shall put the follow- 
ing questions : 

1. Are you a citizen of the United States? 

2. Are you a native or naturalized citizen? 

3. Have you become a citizen of the United States by reason of 
the naturalization of your parents or one of them? 

4. Where were your parents, or one of them, naturalized? 

If the person offering to vote claims to be a naturalized citizen 
of the United States, he shall state, under oath, when and in what 
court he was naturalized. 

Historical: Laws 1889, 33, Sec. 78; 
re-enacting Laws 1890-91, 57, Sec. 87. 

Same: For Conviction of Felony. 

Sec. 430. If the challenge is on the ground that the person chal- 
lenged has been convicted of felony and has not been pardoned, he 
must not be questioned ; but the fact may be proved by the production 
of an authenticated copy of the record, or by the oral testimony of 
two witnesses and the non-production of a pardon. 

Historical: Laws 1899, 33, Sec. 78; 
re-enacting Laws 1890-91, 57, Sec. 88. 

Same: For Want of Residence: For Non-Age. 

Sec. 431. If the person be challenged as unqualified on the ground 
that he has not resided in this State for six months immediately pre- 
ceding the election, the judges, or one of them, shall put the follow- 
ing questions: 

1. Have you resided in this State for six months immediately 
preceding this election, and during that time have you retained a 
home or domicile elsewhere? 



328 ELECTIONS Tit. 3 



2. Have you been absent from this State within the six months 
immediately preceding this election? 

3. If so, when you left, was it for a temporary purpose, with 
the design of returning or did you intend remaining away? 

4. Did you, while absent, look upon and regard this State as 
your home ? 

5. Did you, while absent, vote in any State or Territory? 

If the person be challenged on the ground that he has not resided 
in the county thirty days, one of the judges shall question him as 
to his residence in the county, precinct or ward in a manner similar 
to the before-mentioned method of questioning a person as to his 
residence in this State. 

If the person be challenged as unqualified on the ground that he 
is not twenty-one years of age, the judges, or one of them, shall put 
the following question : Are you twenty-one years of age, to the 
best of your knowledge and belief. The judges of election, or one of 
them, shall put all such other questions to the person challenged 
under the respective heads aforesaid, as may be necessary to test his 
qualifications as an elector at that election. 

Historical: Laws 18 99, 33, Sec. 81; 
re-enacting Laws 1890-91; 57, Sec. 90. 

Same: Residence: How Determined. 

Sec. 432. The judges of election, in determining the residence of 
a person offering to vote, shall be governed by the following rules, 
so far as they may be applicable : 

1. That place shall be held and considered to be the residence 
of a person in which his habitation is fixed, and to which, whenever 
he is absent, he has the intention of returning. 

2. A person shall not be considered or held to have lost his resi- 
dence who shall leave his home and go into another State, Territory 
or county of this State, for temporary purpose merely, with an in- 
tention of returning. 

3. If a person remove to any other State or to any of the Terri- 
tories, with the intention of making it his permanent residence, he 
shall be considered and held to have lost his residence in this State. 

4. If a person remove from one county in this State to any other 
county in the State with the intention of making it his permanent 
residence, he shall be considered and held to have lost his residence 
in the county from which he removed. 

Historical: Laws 18 99, 33, Sec. 80; 
re-enacting Laws 1890-91, 57, Sec. 89; 
amended Laws 1895, 91, Sec, 6. 

Oath of Challenged Person. 

Sec. 433. If the challenge be not withdrawn after the person offer- 
ing to vote shall have answered the questions put to him as aforesaid, 
one of the judges shall tender to him the following oath: "You do 
solemnly swear (or affirm) that you are a citizen of the United States, 
of the age of twenty-one years; that you have been a resident of 
this State for six months next immediately preceding this election, 



Ch. 10 CONDUCT OF ELECTION 329 

and have not retained a home or domicile elsewhere; that you have 
been for the last thirty days, and now are, a resident of this county, 
and that you have not voted at this election. " 

Historical: Laws 18 99, 33, Sec. 82; 
re-enacting Laws 1890-91; 57, Sec. 91; 
amended Laws 1895, 91, Sec. 5. 

Duty of Clerks. 

Sec. 434. Whenever any person's vote shall be received after hav- 
ing taken the oath or affirmation prescribed in the preceding section, 
it shall be the duty of the clerks of the election to write on the poll 
books, at the end of the person's name, "Sworn." 

Historical: Laws 1899, 33, Sec. 84; 
re-enacting Laws 1890-91, 57, Sec. 93. 

Judge's Duty to Challenge. 

Sec. 435. It shall be the duty of any judge of election to challenge 
any person offering to vote whom he believes not to be qualified as 
an elector. 

Historical: Laws 1899, 33, Sec. 85; 
re-enacting Laws 1890-91, 57, Sec. 94. 

Refusal to Take Oath. 

Sec. 436. If any person challenged refuses to take the oath or 
affirmation tendered, or refuses to be sworn and to answer the ques- 
tions touching the matter of naturalization, he must not be allowed 
to vote : Provided, That after such oath shall have been taken, the 
judges may nevertheless refuse to permit such person to vote if they 
shall be satisfied that he is not a legal voter. 

Historical: Laws 1899, 33, Sees. 83, 
86, re-enacting Laws 1890-91, 57, Sees. 
92, 95; re-written in combination. 

Disposal of Stubs and Defaced Tickets. 

Sec. 437. As soon as the polls are finally closed the distributing 
clerk must deliver to the judges of election the book or books of tickets 
from which tickets have been taken during the election, and the box 
containing the defaced, mutilated or returned ballots. 

Historical: Laws 1899, 33, Sec. 87; 
re-enacting Laws 1890-91, 57, Sec. 96. 

Form of Poll Lists. 

Sec. 438. The following is the form of poll lists to be kept by the 
judges and clerks of election. 

Poll Lists. 

Of the election held in the precinct of , in the County of , 

on the day of , in the year A. D. one thousand nine hundred 

and A. B., C. D. and E. F., judges, and G. H., I. J., and K. L., 

clerks, of said election, were respectively sworn (or affirmed), as the 
law directs, previous to their entering on the duties of their respective 
offices. 



330 



ELECTIONS 



Tit. 3 



Number and Names of Electors Voting. 



No. 


Name 


No. 


Name 


1 
2 


A. B. 
C. D. 


3 

4 


E. F. 
G. H. 



We hereby certify that the number of electors voting at this elec- 
tion amounts to 

Attest : 

G. H.,) 

I. J.,) Clerks. 



K. L.,) 



A. B.,) 

C. D.,) Judges of Election. 
E. F.,) 



Historical: Laws 1899, 3 3, Sec. 71; 
re-enacting- Laws 1890-91, 57, Sec. 80. 



CHAPTER 11. 
CANVASS OF RETURNS. 



Article 

1. Canvass by judges. 

2. Canvass by county commissioners. 

3. State Board of Canvassers. 



Article 

4. Errors and mistakes 
and returns. 



in ballots 



ARTICLE 1. 
CANVASS BY JUDGES. 



Section 

439. Canvass of votes. 

440. Comparison of poll lists, bal- 
lots and stubs: Void ballots. 

441. Count: Certificate by judges 
and clerks. 

442. Transmission of supplies to 
county commissioners: Custody. 



Section 

443. Appointment of two sets of of- 
ficers. 

444. Duplicate ballot boxes. 

445. Counting of ballots: Witnesses: 
Concealment of results. 

446. Judges to join in making return. 

447. Application of sections. 



Canvass of Votes. 

Sec. 439. When the polls are finally closed the judges of election 
must immediately proceed to canvass the votes given at such election. 
The canvass must be public, in the presence of bystanders, and must 
be continued without adjournment until completed and the result 
thereof declared. 



Historical:. Laws 189 9, 33, Sec. 88; 
re-enacting Laws 1890-91, 57, Sec. 97. 
The opening clause "when the polls 



are finally closed" is inserted to bridge 
the hiatus caused by the division of 
the act into chapters. 



Comparison of Poll Lists, Ballots and Stubs: Void Ballots. 

Sec. 440. The canvass must commence by comparison of the poll 
lists from the commencement, and a correction of any mistake that 
may be found therein, until they are found to agree. The box must 
then be opened, and the ballots found therein counted by the judges, 
unopened, and the number of ballots in the box must agree with the 



Ch. 11, Art. 1 CANVASS — BY JUDGES 331 

number marked on the poll list or registry list as having received a 
ticket, and this number, together with the number of defaced, muti- 
lated and returned ballots, must agree with the number of stubs or 
counterfoils in the books from which the tickets have been taken. 

Any ballot or part of a ballot from which it is impossible to deter- 
mine the elector's choice, shall be void and shall not be counted : Pro- 
vided. That when a ballot is sufficiently plain to gather therefrom a 
part of the voter's intention, it shall be the duty of the judges to count 
such part. 

Historical: Laws 18 99, 33, Sec. 89; 
re-enacting- Laws 1890-91; 57, Sec. 98. 

Count: Certificate by Judges and Clerks. 

Sec. 441. The ballots and poll lists agreeing, the board must then 
proceed to count and ascertain the number of votes cast, and the clerks 
must set down in their poll books the name of every person voted for, 
and then at full length the office for which such person received such 
votes, and the number he did receive, the number being expressed at 
full length; such entry to be made, as nearly as circumstances will 
permit, in the following form, to wit : 

At an election held at the house of (A. B.) in the town (district or 

precinct) of , in the County of , and in the State of 

Idaho, on the day of , A. D , the following named persons re- 
ceived the number of votes annexed to their respective names for the 

following described offices, to wit: (A. B.) has votes for member 

of Congress; (I. J.) has votes for member of State Senate; (K. 

L.) has votes for member of House of Representatives, (and 

in like manner for any other person voted for). Certified by us, 

Attest : 

S. T.,) M. N.,) 

U. V.,) Clerks of Election. 0. P.,) Judges of Election. 

W. Y.,) Q. R.,) 

Historical: Laws 1899, 33, Sec. 90; 
re-enacting Laws 1890-91, 57, Sec. 99. 

Transmission of Supplies to County Commissioners: Custody. 

Sec. 432. After the canvass of the votes the judges of election 
must enclose and seal one of the poll books ; the register of the quali- 
fied electors, also all stubs and unused ticket books, and defaced or 
mutilated ballots, and the election stamp, under cover, directed to the 
clerk of the board of county commissioners of the county in which 
such election was held. The packages thus sealed must be delivered 
direct to the said clerk personally, or transmitted by special messen- 
ger without expense to the county, or deposited in the nearest post- 
office, by one of the judges to be chosen by lot, and the postage thereon 
and the fees for registering the same must be fully prepaid, and said 
package must be duly registered and receipt therefor taken. The 
other poll book, together with the ballots, must be, by said judges, 
placed in the ballot box, and by them sealed up and then deposited with 
one of said judges, to be decided by lot if they cannot otherwise agree; 
and the said poll book and ballots must be kept with the seal unbroken 
for at least eight months, unless the same is required as evidence in 



332 



ELECTIONS 



Tit. 3 



a court of law in any case arising under the election laws of this State, 
and then only when the judge having said ballot box in charge is 
served with a subpoena requiring him to produce the same in court as 
evidence in any such beforementioned case, when the same may be 
opened under the direction of the court. 



Historical: Laws 1890-91, 57, Sec. 
100; re-enacting Laws 1899, 33, Sec. 
91; amended Laws 1901, 291, Sec. 1. 



Omitting the proviso, which applied 
only to the election of 1900. 



Appointment of Two Sets of Officers. 

Sec. 443. In every precinct where, at the general election then next 
preceding, there were more than one hundred votes cast for the office 
of Governor, the board of county commissioners of the county wherein 
the same is situated, shall, at the time provided for the appointment 
of election officers, appoint two sets of such officers, and in making 
such appointment shall designate which set shall act under the provi- 
sions of this and the following sections of this article. And such 
board shall also make suitable provision for the carrying of these sec- 
tions into effect. 

Historical: Laws 1899, 372, Sec. 1. 

Duplicate Ballot Boxes. 

Sec. 444. When, at any election in any precinct to which these 
sections apply, fifty votes shall have been cast, another ballot 
box for receiving ballots shall be used, and the first ballot box shall 
be closed and delivered to such judges designated as provided in the 
preceding section, who shall proceed to the place provided for them, 
and shall at once count the votes in said ballot box ; and when counted, 
they shall return said emptied ballot boxes to the judges receiving the 
ballots and otherwise conducting the election, and the latter shall 
then deliver to the judges who were designated to count the ballots, 
the second ballot box, and such judges shall immediately count the 
ballots therein contained as above provided; and they shall continue 
so to count the ballots and so to exchange the ballot boxes till the 
close of the polls, after which time both sets of judges shall, acting 
separately, count the remaining ballots, dividing the same between 
them. 

Historical: Laws 1899, 372, Sec. 2. 

Counting of Ballots : Witnesses : Concealment of Results. 

Sec. 445. The board of county commissioners of the several coun- 
ties must provide two sets of ballot boxes for all precincts where 
these sections apply, and shall provide a suitable and convenient place 
or room immediately adjoining the place where the election is being 
held, for the use of the election officers counting the ballots during 
the day. Such counting may be witnessed by one representative 
from each of the political parties represented upon the official ballot, 
which representative shall be designated in writing by the chairman 
and secretary of the respective county central committees, or in case 
of a city election by the city central committee, and who shall each 
take and subscribe an oath before one of the judges of election that 
he will not, prior to the closing of the polls, communicate in any 



Ch. 11. Art. 2. CANVASS — BY COUNTY COMMISSIONERS 333 

manner, directly or indirectly, by word or sign, the progress of the 
counting, nor the result so far as ascertained, nor any information 
whatsoever in relation thereto; and such representatives and the 
judges counting the ballots shall be confined to the room or place 
provided, and shall not leave the same during the count except in 
case of necessity, and then in the custody of the constable of election ; 
nor shall any such election officers or party representatives in any 
manner, directly or indirectly, by word or sign, disclose or com- 
municate the progress of the counting, nor the result so far as 
ascertained, nor any information whatsoever in relation thereto, 
until the polls are closed. 

Any person who shall intentionally ascertain or attempt to ascer- 
tain the progress or state of the count before the close of the polls, 
and any officer of election or party representative designated as afore- 
said, who shall violate any of the provisions of this section, shall be 
guilty of a felony, and shall be punished by a fine not to exceed one 
thousand dollars, or imprisonment in the Penitentiary for a period 
not to exceed one year, or by both such fine and imprisonment. 

Historical: Laws 18 99, 372. Sec 4; 
amended Laws 1901, 16, Sec. 1. 

Judges to Join in Making" Return. 

Sec. 446. All the judges of election shall join in making the return 
to the board of county commissioners. 

Historical: Laws 189 9, 372, Sec. 3. 

Application of Sections. 

Sec. 447. These sections shall only apply to general elections, and, 
except as herein modified, the general election laws are in every way 
applicable to the precincts acting under the provisions hereof, and 
to all the officers of election. 

Historical: Laws 1899, 372, Sees. 
5, 6. 

ARTICLE 2. 

CANVASS BY COUNTY COMMISSIONERS. 



Section 

448. Canvass of returns: Abstracts 



Section 

449. Disposition of abstracts of votes. 



of votes. 

Canvass of Returns: Abstracts of Votes. 

Sec. 448. The board of county commissioners, the auditor acting 
as clerk, in the several counties, must act as a board of canvassers 
of elections and must on the tenth day of after any general or special 
election, or sooner, if all the returns be received, and any two of 
the commissioners are present, proceed publicly, at their office, to 
open the returns and canvass the votes of said election, and make 
up abstracts thereof; and it is their duty to canvass and make up 
abstracts of all returns that are intelligible on their face and which 
are sufficiently authenticated to show what returns they are; and if 
any returns are rejected on account of informality, ambiguity or 
uncertainty — and none must be rejected for other causes — then it is 



334 



ELECTIONS 



Tit, 3 



the duty of the board to deliver the returns so rejected to the sheriff 
of the county, who must proceed at once to summon and call to- 
gether the board of judges of election of the precinct from which 
said returns were received, and inform them that such return has 
been rejected; and it is the duty of such board of judges to meet 
publicly, at the place where the election was held in their precinct, 
immediately after receiving such notice, and at once proceed to put 
said return in due form and certify to the same ; and for the purpose 
of so doing they may have the ballot box brought in and opened in 
their presence and the contents thereof inspected, and when said 
returns have been duly corrected they must be delivered into the 
hands of the sheriff, and the board of canvassers may adjourn, to 
await the correction of said returns for the period of not more 
than five days at one time, nor more than ten days in all. When 
said canvass is completed the abstracts must be made up and signed 
by the board. The abstracts shall be made out in the following 
manner : 

The abstract of votes for electors for President and Vice Presi- 
dent of the United States shall be on one sheet, and the abstract of 
votes for Representative in Congress shall be on another sheet, and 
the abstract of votes for officers of f he executive department shall 
be on another sheet, and the abstract of votes for Senators shall be 
on another sheet, and the abstract of votes for Representatives shall 
be on another sheet, and the abstract of votes for Judges of the 
Supreme Court shall be on another sheet, and the abstract of votes 
for Judges of the District Court shall be on another sheet, and the 
abstract of votes for county and precinct officers shall be on another 
sheet; and it shall be the duty of the auditor of the county immedi- 
ately to make out a certificate of election to each of the persons 
having the highest number of votes for county and precinct officers, 
respectively, and cause such certificate to be delivered to the person 
entitled to it. If any two or more persons have an equal number of 
votes for the same county or precinct office, and a higher number 
than any other person, the county commissioners shall immediately 
determine by lot which of the two candidates shall be elected. 



Historical: Laws 189 9, 33, Sec. 92; 
re-enacting Laws 1890-91, 57, See, 101. 
Omitting "and district attorney" after 
"Judges of the District Court," that 
office having been abolished, and the 
prosecuting attorney being a county 
officer. 

Duty of Canvassers: The board of 
commissioners in acting as a board of 
canvassers, has no authority to de- 



clare any person elected to an office 
but must make out the abstracts of 
votes for each office separately, and 
deliver them to the auditor whose 
duty it is, as auditor and not as clerk 
of the board, to make out a certificate 
of election to each of the persons hav- 
ing the highest number of votes. Cun- 
ningham v. George (1892) 3 Ida. 456; 
31 Pac. 809. 



Disposition of Abstracts of Votes. 

Sec. 449. The auditor of the county, immediately after making 
out abstracts of votes given in his county, shall make a copy of such 
abstracts and deliver or transmit the same in a registered package 
by mail to the office of the Secretary of State : the original abstracts 
he shall file and record in a book in his office to be kept for that 
purpose. He shall also certify to the abstracts and copies, and affix 



Ch. 11. Art. 3. 



CANVASS — BY STATE BOARD 



335 



thereto the county seal, and the said auditor shall indorse on the 
back of each abstract; "Certified copy of the abstract of votes cast 
for Governor, etc., members of the Legislature, etc., (as the case 
may be) cast at the regular election in County, , 19......" 

Historical: Laws 1899, 33, Sec. 93; 
re-enacting Laws 1890-91, 57, Sec. 
102. 



ARTICLE 3. 
STATE BOARD OF CANVASSERS. 



Section 

450. Constitution of Board. 

4. r ,l. Delay in remitting abstracts. 

452. Meeting of Board. 

453. Duties of Board: Statement of 
result. 



Section 

454. Same: In case of tie vote. 

455. Record of statement: Certifi- 
cates of election. 

456. List of members of Legislature. 



Constitution of Board. 

Sec. 450. The Governor, Secretary of State, State Auditor, State 
Treasurer and Attorney General, or any three of them, shall con- 
stitute the State Board of Canvassers, and shall canvass the abstracts 
of votes cast in the different counties of the State for electors of 
President and Vice President of the United States, for Representa- 
tive in Congress, for Judges of the Supreme Court and District 
Courts, and for Senators and Representatives and all State officers. 



Historical: Laws 1899, 33, Sec. 94; 
re-enacting Laws 1890-91, 57, Sec. 103. 
Omitting "district attorneys" after 



"District Courts" as the office is abol- 
ished and county attorneys are county 
officers. 



Delay in Remitting Abstracts. 

Sec. 451. If from any county no such abstract of votes shall have 
been received within twenty days next after election by the Secretary 
of State, he shall dispatch a special messenger to obtain a copy of 
the same from the county auditor of such county, and such county 
auditor shall immediately, on demand of such messenger, make out 
and deliver to him the copy required, which copy of the abstract of 
votes the messenger shall deliver to the Secretary of State without 
delay. The said messenger shall receive as compensation for his 
services three dollars per day and fifteen cents for each mile traveled 
in going to and returning from the county seat of said county, by 
the usual route, to be paid by the county. 

Historical: Laws 1899, 33, Sec. 95; i 
nacting Laws 1890-91, 57, Sec. 104. 

Meeting of Board. 

Sec. 452. For the purpose of canvassing the result of elections, 
the State Board of Canvassers shall meet at the office of the Secre- 
tary of State, at ten o'clock of the forenoon of the twentieth day 
after any election for any of the officers mentioned in Section 450 
(if it be not on Sunday; if it be on Sunday, then they shall meet 
on the twenty-first day), when they shall, if the returns from all 
the counties of the State be in the possession of the Secretary of 
State, proceed to canvass the votes. If the returns are not all in, 



Vol. 1 — 12 



336 



ELECTIONS 



Tit. 3 



they shall adjourn from time to time, as they deem proper, to await 
the receipt of all the returns : Provided, hoivever, That on the second 
Wednesday of December next after the election, they shall canvass 
the votes, whether all the returns be received or not. 

Historical: Laws 1899, 33, Sec. 96; 
re-enacting Laws 1890-91, 57, Sec. 105. 

Duties of Board: Statement of Result. 

Sec. 453. The State Board of Canvassers, wiien met in accordance 
with law and a quorum (three) being present, shall proceed to ex- 
amine and make statement of the whole number of votes given at 
any such election for all the officers mentioned in Section 450, that 
shall have been voted for in said election, which statement will show 
the names of the persons to whom such votes shall have been given 
for either of said offices, and the whole number given to each, 
distinguishing the several districts and counties in which they were 
given. They shall certify such statement to be correct, and subscribe 
their names thereto, and they shall thereupon determine what per- 
sons have been, by the greatest number of votes, duly elected to 
such offices, or either of them, and shall indorse and subscribe on 
such statement a certificate of their determination, and deliver it to 
the Secretary of State. 



Historical: Laws 189 9, 33, Sec. 97; 
re-enacting Laws 1890-91, 57, Sec. 106. 

Duty of Convassers: It is not neces- 
sary for the State Board of Canvass- 
ers to declare in terms whether, in 



their opinion, any amendment to the 
Constitution has been adopted or not. 
Hays v. Hays (1897) 5 Ida. 154; 47 
Pac. 733. 



Same: In Case of Tie Vote. 

Sec. 454. If any two or more persons have an equal and the high 
est number of votes for member of either house of the Legislature, 
for Judge of the Supreme or District Courts, or for any State office, 
other than those mentioned in Section 1, of Article 4, of the Con- 
stitution, the State canvassers shall proceed to determine, by lot, 
which of the candidates shall be declared elected. Reasonable notice 
shall be given to each candidate of the time when such election will 
be so determined. 



ting- the proviso for district attorney, 
as now obsolete. 



Historical: Laws 18 99, 33, Sec. 98; 
re-enacting Laws 1890-91, 57, Sec. 107; 
amended Laws 1895, 90, Sec. 1. Omit- 

Record of Statement: Certificates of Election. 

Sec. 455. The Secretary of State shall record in his office, in a 
book to be kept by him for that purpose, each certified statement 
and determination as made by the State Board of Canvassers, and 
shall, without delay, make out and transmit to each of the persons 
thereby declared to be elected a certificate of his election, certified 
by him under his seal of office. 

Historical: Laws 1899, 33, Sec. 99; tion is prima facie evidence of right 

re-enacting- Laws 1890-91, 57, Sec. 108. to membership in Legislature: Sec. 

Cross Reference: Certificate of elec- 



Ch. 11. Art. 4. CANVASS — ERRORS AND MISTAKES 337 



List of Members of Legislature. 

Sec. 456. Upon the day fixed by law for the assembling of the 
Legislature, the Secretary of State shall lay before each house a list 
of the members elected thereto, with the districts they represent, in 
accordance with the returns in his office. 

Historical: Laws 18 99, 33, Sec. 100; 
re-enacting Laws 1890-91, 57, Sec. 109. 

ARTICLE 4. 

ERRORS AND MISTAKES IN BALLOTS AND RETURNS. 

Section l Section 

Misspelled name on ballots. 45 8. Correction of mistakes. 

Mispelled Names on Ballots. 

Sec. 457. Whenever the judges of election in any precinct or ward 
discover in the canvassing of votes that the name of any candidate 
voted for be misspelled, or the initial letters of his Christian name 
or names be transposed or omitted in part, or altogether, on the 
ballot, the vote or votes for such candidate shall be counted for him, 
if the intention of the elector to vote for him be apparent ; and when- 
ever the board of county canvassers, or of State canvassers, shall 
find that the returns from any precinct, ward, county or district 
(as the case may be) do not strictly conform to the requirements 
of law, in the making, certifying and returning of the same, the 
votes polled in such precinct, ward, county or district shall, never- 
theless, be canvassed and counted, if such returns shall be sufficiently 
explicit to enable such boards, or any person or persons authorized 
to canvass votes and returns, to determine therefrom how many 
votes were polled for the several persons who were candidates and 
voted for at the election of which the votes are being canvassed. 

Historical: Laws 1899, 33, Sec. 103; 
re-enacting Laws 1890-91, 57, Sec. 116. 

Correction of Mistakes. 

Sec. 458. If upon proceeding to canvass the votes it shall clearly 
appear to the canvassers that in any statement produced to them 
certain matters are omitted in such statement which should have 
been inserted, or that any mistakes which are clerical, merely, exist, 
they shall cause the said statement to be sent by one of their number 
(whom they shall depute for that purpose) to the precinct or ward 
judges, or to the county board of canvassers (as the case may be) 
from whom they were received, to have the same corrected; and 
the judges of election or county auditor (as the case may be), when 
so demanded, shall make such correction as the facts of the case 
require, but shall not change or alter any decision before made by 
them, but shall only cause their canvass to be correctly stated; and 
the canvassing board may adjourn from day to day for the purpose 
of obtaining and receiving such statement : Provided, always, That 
they shall not delay counting past the day provided by law for the 
completion of the canvass. 

Historical: Laws 1899, 33, Sec. 104; i Cross Reference: Day provided for 

"-enacting Laws 1890-91, 57, Sec. 117. completion of canvass: Sec. 452. 



338 



ELECTIONS 



Tit. 3 



CHAPTER 12. 
PRESIDENTIAL ELECTORS. 



Section 

45 9. Certificates of election. 

Election for Presidential Elect- 
ors. 

Meeting of Electors. 
Same: Notice to Governor: Va- 
cancies. 



460. 

461. 

462. 



Section 

463. Pilling vacancies: Tie vote. 

464. Notification of election to fill 
vacancy. 

465. Compensation of Electors. 



Certificates of Election. 

Sec. 459. The Secretary of State shall prepare lists of the names 
of the Electors of President and Vice President of the United States, 
elected at any election, procure thereto the signature of the Governor, 
affix the seal of the State to the same, and deliver one of such cer- 
tificates thus signed to each of said Electors on or before the second 
Wednesday in December next after such election. 

Historical: Laws 1899, 33, Sec. 101; 
re-enacting Laws 1890-91, 57, Sec. 110. 

Election for Presidential Electors. 

Sec. 460. There shall be an election held in this State for the 
election of such Electors, at the times appointed by any law of the 
Congress or the Constitution of the United States for such election, 
and when such election shall be special, the same shall be called and 
held, and the votes polled and canvassed, in all respects as at a gen- 
eral election, and the duties of the Electors so elected shall be the same 
as prescribed by law for Electors elected at a general election. 

Historical: Laws 1899, 33, Sec. 102; 
re-enacting- Laws 1890-91, 57, part of 
Sec. 115. 

Meeting of Electors. 

Sec. 461. The Electors chosen to elect a President and Vice Presi- 
dent of the United States shall, at twelve o'clock noon on the day 
which is or may be directed by the Congress of the United States, 
meet at the seat of government of this State, and then and there 
perform the duties enjoined upon them by the Constitution and laws 
of the United States. 



Historical: Laws 18 99, 66, Sec. 1; 
re-enacting Laws 1890-91, 57, Sec. 111. 



"Noon" inserted to make the section 
definite. 



Same: Notice to Governor: Vacancies. 

Sec. 462. Each elector of President and Vice President of the 
United States shall, before the hour of twelve o'clock noon on the 
day next preceding the day fixed by the law of Congress to elect 
President and Vice President, give notice to the Governor that he 
is at the seat of government and ready at the proper time to perform 
the duties of an Elector; and the Governor shall forthwith deliver 
to the Electors present a certificate of all the names of the Electors: 
and if any Elector named therein fails to appear before nine o'clock 
on the morning of the day of election of President and Vice President 
as aforesaid, the Electors then present shall immediately proceed tc 



Ch. 13. 



COUNTY SEATS AND BOUNDARIES 



339 



elect, by ballot, in the presence of the Governor, persons to fill such 
vacancies. 



"Noon" inserted to make the section 
definite 



Historical: Laws 1899, 66, Sec. 2; 
re-enacting Laws 1890-91, 57, Sec ll'i. 

Filling Vacancies: Tie Vote. 

Sec. 463. If more than the number of persons required to fill the 
vacancies, as aforesaid, have the highest and an equal number of 
votes, then the Governor, in the presence of the Electors attending, 
shall decide by lot which of said persons shall be elected; otherwise 
they, to the number required, having the greatest number of votes, 
shall be considered elected to fill such vacancies. 

Historical: Laws 18 99, 66, Sec. 3; 

re-enacting Laws 1890-91, 57, Sec. 13 3. 

Notification of Election to Fill Vacancy. 

Sec. 464. Immediately after such choice is made the names of the 
persons so chosen shall forthwith be certified to the Governor by 
the Electors making such choice; and the Governor shall cause im- 
mediate notice to be given in writing to the Electors chosen to fill 
such vacancies ; and the said persons so chosen shall be Electors, and 
shall meet the other Electors at the same time and place, and then 
and there discharge all and singular the duties enjoined on them 
as Electors aforesaid by the Constitution and laws of the United 
States and of this State. 

Historical: Laws 1899, 66, Sec. 4; 
re-enacting Laws 1890-91, 57, Sec. 114. 

Compensation of Electors. 

Sec. 465. Every Elector of this State for the election of President 
and Vice President of the United States, hereafter elected, who shall 
attend and give his vote for those offices at the time and place ap- 
pointed by law, shall be entitled to receive the sum of five dollars 
per day for each day's attendance at such election, and fifteen cents 
per mile for each mile he shall travel in going to and returning from 
the place where the Electors shall meet, by the most usual traveled 
route, to be paid out of the general fund, and the State Auditor shall 
audit the amount and draw his warrant for the same. 

Historical Laws 1899, 66, Sec. 5; re- 
nting Laws 1890-91; 57, Sec. 115. 

CHAPTER 13. 
REMOVAL OF COUNTY SEATS AND CHANGING COUNTY BOUNDARIES. 



ion 

466. Time for holding county seat 
election. 

*' ; " Petition for removal. 

468. Same: How signed. 

469. Petition open to inspection. 

170. Contesting right to sign petition. 

471. Same: Procedure in case of 
contest. 

472. Same: Contests have prece- 
dence. 



Section 

473. Voting for removal of county 
seat. 

474. Same: Challenging voters. 
4 7 5. Canvass of returns. 

476. Same: Result of vote. 

477. Changing county boundaries. 

478. Conduct of election. 

479. Form of ballot. 



340 



ELECTIONS 



Tit. 3 



Time for Holding County Seat Election. 

Sec. 466. All elections for the removal of county seats shall be 
held at the same time and place at which general elections are held. 



moval of county seats to be presented 
not more than once in six years: 
Const. Art. 18, Sec. 2. 



Historical: Laws 1899, 33, Sec. 105; 
re-enacting Laws 1890-91, 57, Sec. 118. 

Cross Reference: Question of re- 
Petition for Removal. 

Sec. 467. Public notice shall be given of the intention to circulate 
a petition praying for the removal of the county seat of any county 
from its then present location to some other point within said county, 
and in said petition designated, at least ten days before the same 
is circulated, by publication in some newspaper printed in the county 
(if there be one), and by posting three printed notices in three public 
places at the county seat, and a like number at the place to which 
the county seat is proposed to be removed, in which notices the intent 
of said petition shall be set forth; and all signers to such petition 
or petitions shall be void and stricken from such petition if procured 
six months before the first day of the term of court at which the 
application is to be made; and whenever such petition or petitions, 
addressed to the District Court of such county, and stating the time 
when such election shall be held, shall be signed by a number of 
legal voters of said county, equal in number to a majority of all 
votes cast at the last general election therein, and shall be filed in 
the office of the clerk of the District Court of said county, not less 
than twenty nor more than forty days before the first day of the 
term of said court next preceding the next general election, unless 
said term commences after the first day of October, then, in such 
case, the next preceding term. Such petition shall be deemed a 
proposal to remove the county seat of such county, and the point 
designated in said petition shall be deemed and taken as fixed by 
said petition, in pursuance of law, whenever the court shall order 
an election to such point as hereinafter provided, as the point to 
which it is proposed to remove the county seat of such county. 



Historical: Laws 1899, 33, Sec. 10 6; 
re-enacting Laws 1890-91, 57, Sec. 119. 

Qualification of Signers: The sign- 
ers of the petition for the removal of 
a county seat need not be registered 
voters, but merely persons who are 
qualified to register as voters. Wilson 
v. Bartlett (1900) 7 Ida. 271; 62 Pac. 
416. 

Same — Determination of Qualifica- 
tions: When a petition is presented 
to a court for the removal of a county 
seat and all the signers of said peti- 
tion state over their signatures that 



they are qualified electors of such 
county, the petitioners make a prima 
facie case, and no further evidence of 
the qualifications of such signers is 
required unless a contestant appears 
as provided by law, and enters his 
contest. If specifications in contest- 
ant's affidavit raise no valid objection 
to the qualifications of any of the 
signers of the petition, the court is 
justified in finding, without further 
proof, that all of the signers of said 
petition are qualified electors. lb. 



Same: How Signed. 

Sec. 468. Each petitioner signin