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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

be loaned.

Section 9. What the rate of taxation on

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. 13. No money shall be drawn from

the treasury but in pursuance of appropriations made by

law. 14. No money shall be drawn from

the county treasuries, etc. 15. Business of the counties to be

conducted on a cash basis. 16. The Legislature shall pass all

laws necessary to carry out the provisions of this article.


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 VIII. Public Indebtedness and Subsidies. 1. The limit of State indebtedness. 2. State credit not to be given or

loaned. 3. No subdivision of the State

shall incur indebtedness in any year greater than the

revenue for that year. 4. No subdivision of the State shall

lend its credit.

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.

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 man

agers of corporations. 5. All railroads shall be public

highways, and railroad and express companies

carriers. 6. Rights of transportation. 7. Future legislation in regard to

corporations. 8. Right of eminent domain shall

never be abridged.


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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 or 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.

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 assume

the debts of any county or

town except in certain cases. 4. No county, city or town shall

become any corporation, etc.

8. Commissioner of immigration,

etc., duties and pay prescribed
by law.

Militia. 1. Who shall be enrolled. 2. Enrollment, discipline and

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


detective agency may not be brought into the State for suppression of domestic violence, except upon application of the Legislature or executive.


Immigration and Labor. Commissioner of immigration.


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.

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




by change from Territorial to

State government. 2. All Territorial laws now in

force shall remain in force till they expire, if not repugnant

to the Constitution. 3. Fines, etc., accruing to the Ter

ritory shall accrue to the

State. 4. Also, all bonds, obligations,

etc., shall pass over to the

State. 5. In regard to officers appointe!

in this Territory. 6. The Constitution shall be sub

mitted to the electors for adop

tion or rejection. 7. The Constitution to take effect

immediately upon the admission of the Territory as

2. In regard to the removal of the

county seat.
3. In regard to the division of

counties. 4. In regard to the establishment

of a new county. 5. County governments to be uni

form. 6. County officers to be elected bi

ennially. 7. Compensation of officers (pron

vided for in section 6 of this

8. Compensation provided for in

section 7 of this article shall
be paid by fees.- Excess of
fees allowed by law are to be
turned over to the county

9. The neglect or refusal of any

officer to do this within forty
days after the receipt of the

same shall be a felony.
10. The board of county commis-

sioners shall consist of three
members whose term of office

shall be two years.
11. County, township and precinct

officers, their duties.

State. 8. Upon the admission as a State

a proclamation shall be pub

lished calling an election. 9. How said election shall be con

ducted. 10. The board of canvassers, to con

sist of whom. 11. Duties of the same. 12. Oath of office. 13. Term of office. 14. The Governor-elect shall con

vene the Legislature. 15. The Legislature shall pass laws

to carry into effect the pro

visions of this Constitution. 16. Proceedings of the Territorial

Supreme Court shall pass over

to the same of the State. 17. Territorial seals to be used as

State seals. 18. In regard to Probate Courts

after the Constitution is

adopted. 19. Freedom of religious thought,

public lands and boundaries,

etc. 20. Adoption of the Constitution.


Apportionment 1. Senatorial districts.


Amendments. 1. Amendments may be proposed

by either house. 2. If two or more are proposed,

they shall be voted for sepa

rately. 3. In regard to revising or amend

ing the Constitution.


Schedule and Ordinance. 1. To save inconvenience caused

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 establishi 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, reroked, 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 inviolate; but in civil actions three-fourths of the jury may render a verdict, 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 indict. ment 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.

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