The Owyhee nugget., October 02, 1908, Image 4

About The Owyhee nugget. ([Silver City], Idaho) 1905-1984

Image provided by: Idaho State Historical Society

                
CONSTITUTIONAL AMENDMENT No. I
House Join! Resolution No. 10.
(Substitute for House Joiut Resolution |
No. 5 )
By Killpack.
JOINT RESOLUTION.
To amend section six of article eighteen
of the Constitution of the State of Ida
ho; a Joint Resolution to submit to the
electors of the State of Idaho for their
rejection or approval an amendment to
sectiou six of article eighteen of the
Constitution of the State of Idaho to j
permit county assessors aud tax col
lectors to employ such deputies aud
clerical help as the business of their
office may require.
BE IT RESOLVED BY THE LEGIS
LATURE OF THE STATE OFIDAHO:
Sectiou 1. That section six of article
eighteen of the Constitution of the State
of Idaho be amended to read as follows: ,
The Legislature, by gener- !
al and uniform laws, shall provide for |
at
Section 6.
the election biennially iu each of the
several counties of the State, of oouuty
commissioners, a sheriff, a county treas
urer who is ex-officio public admini
strator, a probate judge, a county sup
erintendent of public iustrnction, a
conntv assessor who is ex-officio tax
collector, a coroner and surveyor. The
clerk of the district court shall be ex
officio auditor and recorder. No other
countv offices shall be established, but
the Legislature by general and uniform
laws shall provide for such township,
precinct and municipal officers as pub
lic convenience may require, aud shall
prescribe their duties, and fix their
terms of office. The Legislature shall
provide for the strict accountability of
county, township, precinct and muui
cipal officers for all fees which may be
collected by them, and for all public and
municipal moneys which may be paid
to them, or officially come into their
possession. The county commissioners
may employ counsel when necessary.
The sheriff, assessor and tax collector,
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 office may require,
said deputies aud clerical assistants to
receive such compensation as may he
fixed by the county commissioners. No
sheriff or county assessor shall be qual
ified to hold the term of office immedi
ately succeeding the term for which lie
was elected. The salary and qualifica
tions of the county superintendent
shall be fixed by law
Section 2. The question to be sub
mitted to the electors of the State of
Idaho at the next general election shall
be as follows: to-wit:
I
"Shall section six of article eighteen
of the Constitution of the State of Ida
ho be amended so as to permit county
assessors and tax collectors lo emplov
such deputies and clerical help as the
busiuess of their office may require?"
Section 3. The Secretary of State is
hereby authorized to make publicatiou
of this constitutional amendment in
each couuty for at least six consecutive
weeks prior to the uext generalelecliou
in not less thau oue newspaper of gen
eral circulation published in each
county.
AMENDMENT NO. II.
House Join! Resolution No. J.
Bv Seawell and Fbeeuafer.
A joint resolution to be submitted to
the electors of the State of Idaho for re
jection or approval: Proposing the re
peal of sections 11 and 21 of article V of
the Constitution of Idaho, und propos
ing amendments to sections 2, 17, 20,
and 24 of article V, and section 6 of ar
ticle XVIII of the Constitution of the
State of Idaho: Providing a District
Court for each county aud extending
its jurisdiction to all matters of Pro
bate, and providing for the election and
appointment of judges therefor, aud
their salaries, and the terms of said
courts.
BE IT RESOLVED BY THE LEGIS
LATURE OF THE STATE OF IDAHO:
Section 1. That Sections 11 and 21 of
Article V of the Conititution of the
State of Idaho he aud the same are
hereby repealed and annulled.
Section 2. That Section 2 of Articlo
V of the Constitution of the State of
Idaho be amended to read as follows ;
Section 2. The judicial powers of
the state shall be vested in a court for
the trial of impeachments, a supreme
court, district courts, courts of justices
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REGULAR
TRIPS
Between DeLanuir and
Silver City. Stage de
parts from Bela inn r at
H a. m. Departs from
Silver on return trip at
2 p. m. Passengers and
Freight carried Stops
at Dewey en route
j DeLAMAR LiVERY. FEED
and sale STABLes
JOHN HORE
Proprietor
The latest phonograph records just re
ceived at Rowett's.
Philipp, the hardware merchant, has
just received a large variety of heating
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Choicest Wines, Liquors, and
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of the peace, and such other courts in- I
ferior to the supreme courts as maybe
established by law for any incorporated
city, town or village.
Section 3. That Section 17 of Article
V of the Constitution of the State of "
Idaho be amended to read as follows :
Section 17. The salary of the justices
of the supreme Court, until otherwise
provided by the legislature, shall be
four thousand dollars each per annum,
and the salary of the judges of the dis
trict court shall be as otherwise provid
ed by law, aud no justice of the Supreme
Court, or judge of the district court,
shall he paid Ids salary,or any part, there
of, unless he shall first have taken and
subscribed an oath that there is not iu
his hands any matter iu controversy
not decided by him which had been
finally submitted for his consideration
and determination thirty days prior to
the taking and subscribing such oath.
Section 4. Tliat section 20 of Article
V of the Constitution of the State of
Idaho be amended to read as follows:
Section 20. The district court shall
have origiual jurisdiction in all cases,
both in law and in equity, and in all
matters of probate, settlement of es
tates of deceased persons and appoint
ment of guradians, and such appellate
jurisdiction as is now and may here
after be confirmed by law,
Section 5. That Section 24 of Article
V of the C onstitution of the State of
Idaho be amended to read as follows:
Section 24. Each county in the State
of Idaho ghall be and constitute a judi
cial district, aud there shall be in each
of said counties a district court, for
each of which at least one judge shall
be elected by the qualified electors of
said district at the general state elec
tion ; Provided, however, That auy
county, in whicMthe total vote for gov
ernor at the last general election was
not at least two thousand votes, shall
be united with an adjoining county iu
the election of a judge aud there shall
be only one judge elected for said unit
ed counties until said counties shall
each have cast at a general state elec
tion at least two thousand votes for
<
The Brewery
Saloon
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A Select line of
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WINES, LIQUORS
and CIGARS
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The Quietest Resort
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<1
E F. GRETE,
PROPRIETOR
Bananas received regularly at Rowett's.
governor, and until said time only one
judge shall lie elected for the following
counties, to-wit: Bi ise aud Ada, oue
judge; Cassia and Lincoln, one judge;
Cn "« Rud Lemhi - oue ^ d « e ' u Elmor ®
" ud Bla,ne > one judge ; and Owyhee aud
^""Von one judge ; Provided further
That wheu any judicial district shall
ca9t over e , Rh , ttlOU8and votes for gov .
ernor M any general state eleotioilf an
additio , ial jlldge shall be elaoted there .
ia for e u C h additional eight thousand
VQte8i or major part lhere „ f thereafter
jn 8aid d , 8trlot>auy OIle or more of whom
may hold court, a„ d there may be as
many 8eS sions of said court, at the same
lim8t a9 there are judge8 thereof,
The 8aid jadge8 sha n cho0 se from
tMr OW[) number a pre8lding judge ,
who may be removed Rt Uieir plei)8nre .
He bhal| distri hute the business of the
court amo „ g the juilge8 lhere of, a , )d
pre8eribe , he order of business In dis
triot8 compoSed of but 0UfcCOUIlt y there
ghall be no terms of court, but the court
shall be open continuously for the trans
action of business. In districts com
posed of two conuties the judge shall
hold the district courts of both of said
counties in accordance with such rules
ior the dispatch of business as he may
adopt. The courts shall always be open
for the filing of papers, and for the
transaction of business. The term of
offices of the district judges shall be
f ° ur y t T* fr ° m a " d ^ M . on -
day of January next after the.r election
Tl,e pre9eut ,GCUmbent «" each judicial
district heretofore existing shall be and
shall remain till the expiration of his
term of office the judge of the new dis
trict wherein he resided when elected
or appointed. All vacancies created by
the adoption of these amendments shall
b e filled at a special election called by
the governor of Idaho, withiu ten days
after the canvass of the returns of the
general election at which these amend
meuts are adopted., and held in the
gaid new districts, ujpon giving notice
thereof as provided for a gener
a j elction, anti said judges shall
hold said offices until their successors
ftre elected and qualified. The salary
0 f a district judge shall be olasified and
based upon the vote for governor at the
□
JOB
PRITING
Is our long suit and if
' n need of anything in
our line, such as Letter
Heads, Bill Heads, etc.
Check Books. Business
Cards, Circulars or any
thing printable, call and
see us or write us.
\ll
i
orders promptly filled.
Q.
75/>e NUGGET
5 SILVER CITY 9
Honest Drops of Golden Value
Hickory Bark Cough Remedy.
A. A GETCHELL
For sale by
Subscribe for the Nugget and get the news..
.
,
.
-
last general election in his district im
mediately prior to the beginning of his
term of office and shall be classified as
follows: In districts having under four
thousand votes, two thousand dollars
per annum; over four thousand aud
not more than six thousand votes, two
thousand five hundred dollars per an
num ; over six thsusand votes, three
thousand dollars per anuum; one-half
of which salary shall be paid out of the
state treasury and the other half of
which salary shall be paid out by the
couuty or counties for which he is elect
ed or appointed, and in case where one
judge is provided for more than one
couuty, that portiou of his salary which
is to be paid by the counties shall be
apportioned between said counties ac
cording to the assessed valuation of
their taxable property to be determined
by the assessment of the proceeding
year, and iu addition to said salaries
there shall be paid iu the same way to
all district judges the aoiual and neces
sary hotel aud traveling expenses in
curred by them in holding court in
counties other than those in which they
reside.
Section 6. That Section 6 oi Article
XVIII of the Constitution of the State
of Idaho be amened to read as follows:
Section 6. The legislature by general
and uniform laws, shall provide for the
election biennaliy in eacli of the several
counties of the state, of county commis
sioners; a sheriff ; a couuty treasurer,
who is ex officio public administrator;
a county school superintendent of pub
lic instruction ; a county assessor, who
is ex-officio tax collector; a coroner aud
a surveyor. The clerk of the district
court shall be ex-officio auditor and re
corder. No other couuty offices shall
be established, but the legislature by
general and uuiform laws, shall provide
for the election of such towusbip, pre
cinct and municipal officers as public
convenience may require, and shall pre
scribe their duties and fix their terms
of office. The legislature shall provide
for the strict accountability of county,
township, precinct and municipal offi
cers for all fees which may be collected |
by them, and for all public and nunici- 1
pal moneys, which may be paid to them
or officially come into their possession.
The county commissioners may employ
council when necessarv. The sheriff,
auditor and recorder and clerk of the •
district courtshall 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 snob compensation as may be
fixed by the county commissioners. No
sheriff or couuty assessorshall be qual
ified to bold the term of office immedi
ately succeeding the term for which he
was elected. The salary and qualiflea
tions of the county school superintend
ents shall be fixed by law.
Section 7. These amendments shall
become operative on the second Mon
day of January, 1911, aud all causes then
pending in the probate courts of said
counties and all matters of probate tin
settled in said probate courts, togeiher
with ail the records of said courts shall
be transferred at said time to the said
district courtB of tbeir respective coun
ties.
| general circulation published in each
1 county.
Sectiou 8. The question to be sub
mitted to electors of the State, at the
next general election, shall be in form
as follows, to wit;
Shall sections 11 and 21 of article V
of the Constitution of the State of Ida
ho be repealed and annulled, and sec
tions 2, 17, 20, and 24 of article V, and
section 6 of article XVIII of the Cous
tituton of the State of Idaho be so a
mended as to abolish the probate court
and extend the jurisdiction of the dis
trict court to hII matters of probate aud
to provide for the election aud appoint
ment of judges therefor aud their sal
aries, aud to provide for the terms of
said courts and establish a system of
districts.
Section 9 The Secretaiy of State is
hereby authorized to make publication
of these Constitutional amendments in
each couuty for at least six consecutive
weeks prior to the next general elec
tion in not lese than one newspaper of
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