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Section 9. In regard to compulsory educa
tion. 10. Location of the University of
Idaho. 11. How the educational fund may
Public Institutions. 1. Educational, reformatory and
penal institutions. 2. Location of seat of government
to be at Boise City, for twenty
years. 3. It may be removed. 4. All property of the Territory to
become State property. 5. State prison commissioners, to
be composed of whom. 6. Three directors for insane asy
lum. 7. State institutions may be re
moved for sanitary reasons.
ARTICLE XI. Corporations, Public and Private. 1. All existing
charters under which corporations have not commenced business in good faith at the time of the adoption of this Constitution, shall
have no validity. 2. In regard to changing, extend
ing or amending charters by
special law. 3. The Legislature may provide for
altering, revoking or annulling any charter existing at the time of the adoption of this
charter. 4. Elections of directors or
real and personal property
shall be. 10. It is illegal to use State,
county, etc., money for per
sonal gain. 11. No appropriations shall be
made which shall exceed the
total taxes for the year. 12. State board of equalization, to
consist of whom.
the treasury but in pursuance
the county treasuries, etc. 15. Business of the counties to be
conducted on a cash basis.
laws necessary to carry out
shall incur indebtedness in
revenue for that year.
lend its credit,
agers of corporations. 5. All railroads shall be public
highways, and railroad and express companies common
carriers. 6. Rights of transportation. 7. Future legislation in regard to
corporations. 8. Right of eminent domain shall
never be abridged.
ARTICLE IX. Education and School Lands. 1. Public free schools to be estab
lished. 2. Board of education. 3. The public school fund shall
forever remain inviolate and
intact. 4. What the public school fund is
to consist of. 5. Sectarian institutions not to be
supported by State funds. 6. How the public schools shall be
managed 7. The State Board of Land Com
missioners. 8. Duties of the same.
Section 9. Fictitious increase of stock shall
be void. 10. Foreign corporations must have
one or more places of business. 11. No street or other railroad shall
be constructed in city or town without the consent of local
authorities. 12. Laws not to be passed for the
benefit of any corporation or
individual. 13. In regard to telegraph or tele
phone lines. 14. In regard to consolidating with
corporations not organized in
this State. 15. In regard to passing laws per
mitting alienation of any fran
chise. 16. Corporation, definition of. 17. Stockholders not liable in any amount over
above the amount of stock he owns. 18. Combining for the purpose of
fixing the price of any article of commerce or production by the said is illegal.
States may be employed on
State or municipal works. 6. Mechanics, etc., to have an ade
quate lien on the subject
matter of their labor. 7. Boards of arbitration, the duty
etc., duties and pay prescribed
equipment of militia. 3. Governor to commission all
militia officers. 4. Disposal of records, banners and
relics of the State. 5. The flag which may be carried. 6. Armed police or
detective agency may not be brought into the State for suppression of domestic violence, except upon application of the Legislature or executive.
Water Rights. 1. They are subject to control of
the State. 2. The right to collect rates for
use of water, etc. 3. Who has the first right to use
of a running stream. 4. In regard to water used for
agricultural purposes. 5. In regard to priority of right. 6. Rates to be fixed by law.
Live Stock. 1. Live stock to be protected by law against certain diseases.
State Boundaries. 1. The boundaries.
County Organizations. 1. The counties of the Territory
shall be the counties of the State.
ARTICLE XII. Corporations, Municipal. 1. General laws to be passed for
incorporating cities and towns. 2. Counties, cities and towns may
make local, police and sani
tary regulations. 3. The State shall nexer
the debts of any county or
town except in certain cases. 4. No county, city or town shall
become any corporation, etc.
ARTICLE XIII. Immigration and Labor. Commissioner of immigration.Labor and statistics.-Term of
office and duties. 2. Eight hours a day's work. 3. Convict labor. 4. Employment of children under
fourteen years in mines not
legal. 5. Only citizens of the United after
Section 2. In regard to the removal of the
by change from Territorial to county seat.
State government. 3. In regard to the division of 2. All Territorial laws now
force shall remain in force till 4. In regard to the establishment
they expire, if not repugnant of a new county.
to the Constitution. 5. County governments to be uni- 3. Fines, etc., accruing to the Terform.
ritory shall accrue to the 6. County officers to be elected bi
4. Also, all bonds, obligations, 7. Compensation of officers (prom
etc., shall pass over to the vided for in section 6 of this
5. In regard to officers appointe! 8. Compensation provided for in
in this Territory. section 7 of this article shall 6. The Constitution shall be subbe paid by fees.- Excess of
mitted to the electors for adopfees allowed by law are to be
tion or rejection. turned over to the county 7. The Constitution to take effect treasurer.
immediately upon the admis9. The neglect or refusal of any
sion of the Territory as officer to do this within forty
State. days after the receipt of the 8. Upon the admission as a State same shall be a felony.
a proclamation shall be pub10. The board of county commis
lished calling an election. sioners shall consist of three ! 9. How said election shall be conmembers whose term of office
ducted. shall be two years.
10. The board of canvassers, to con11. County, township and precinct ! sist of whom. officers, their duties.
11. Duties of the same.
12. Oath of office. ARTICLE XIX.
13. Term of office. Apportionment.
14. The Governor-elect shall con
vene the Legislature. 1. Senatorial districts.
15. The Legislature shall pass laws ARTICLE XX.
to carry into effect the pro
visions of this Constitution, Amendments.
16. Proceedings of the Territorial 1. Amendments may be proposed Supreme Court shall pass over by either house.
to the same of the State. 2. If two or more are proposed, 17. Territorial seals to be used as they shall be voted for sepa
State seals. rately.
18. In regard to Probate Courts 3. In regard to revising or amend
Constitution is ing the Constitution.
19. Freedom of religious thought, ARTICLE XXI.
public lands and boundaries, Schedule and Ordinance.
etc. 1. To save inconvenience caused 20. Adoption of the Constitution.
PREAMBLE. We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure our blessings and promote our common welfare do establish this Constitution.
Declaration of Rights. Section 1. All men are by nature free and equal and have certain inalienable rights, arrong which are enjoying and defend. ing life and liberty, acquiring, possessing, and protecting property, pursuing happiness, and securing safety.
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 legislature.
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.
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 opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, or excuse acts of licentiousness or justify polygamous or other pernicious practices, inconsistent 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 denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship. Bigamy and polygamy are forever forbidden in the State, and the legislature shall provide by law for the punishment of such crimes.
Sec. 5. The privilege of the writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.
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 imposed, nor cruel and unusual punishments inflicted.
Sec. 7. The right of trial by jury shall remain in violate; but in civil actions three-fourths of the jury may render a ver dict, and the legislature 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 of any number less than twelve, upon which the parties may agree in open court.
Sec. 8. No person shall be held to answer for any felony or criminal offense of any grade, unless on presentment or indictment of a grand jury or on information of the public prosecutor, after a commitment 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 provided further, That after a charge has been ignored by a grand jury, no person shall be held to answer or for trial therefor upon information of the public prosecutor.
Sec. 9. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty.
Sec. 10. The people shall have the right to assemble in a peaceable manner to consult for their common good; to instruct their representatives, and to petition the legislature for the redress of grievances.
Sec. 11. The people have the right to bear arms for their security and defense; but the Legislature shall regulate the exercise of this right by law.
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.