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mous 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 prohibited 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 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.
SEC. 13. In all criminal prosecutions, the party accused shall have the right to a 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 twice put in jeopardy for the same offense; nor 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.
SEC. 14. The necessary use of lands for the construction of reservoirs or storage basins, for the purposes of irrigation, or for 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 necessary purpose, or for drainage; or for the drainage of mines, or the working thereof, by means of roads, railroads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or other necessary means to their complete development, or any other use necessary to the complete development 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 therefor.
SEC. 15. There shall be no imprisonment for debt in this State except in cases of fraud.
SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
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 warrrnt shall issue
without probable cause, shown by affidavit, particularly describing the place to be searched and the person or thing to be seized.
SEC. 18 Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shåll be administered without sale, denial, delay, or prejudice.
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.
SEC. 20. No property qualification shall ever be required for any person to vote or hold office except in school elections or elections creating indebtedness.
SEC. 21. This enumeration of rights shall not be construed to impair or deny other rights retained by the people.
DISTRIBUTION OF POWERS.
SECTION 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 expreesly directed or permitted.
SECTION 1. The legislative power of the State shall be vested in a senate 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."
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: PROVIDED, The number of senators shall never exceed twentyfour, 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.
SEC. 3 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.
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.
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.
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 any one who has not been for for one year next preceding his election an elector of the county or district whence he may be chosen.
SEC. 7. Senators and representatives, in all cases except for treason, felony, or breach of the peace, shall be privileged from arrest during 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 session of the Legislature, nor during the ten days next before the commencement thereof; nor shall a member for words uttered in debate in either house be questioned in any other place.
SEC. 8. The sessions of the Legislature shall, after the first session thereof, be held biennially, at the Capital of the State, commencing on the first Monday after the first day of January, and every second year thereafter, unless a different day shall have been appointed by law, and at other times when convened by the Governor.
SEC. 9. Each house when assembled shall choose 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 adjournments; 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.
SEC. 10. A majority of each house shall constitue 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 arganization 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 have been effected.
SEC. 11. Each house may, for good cause shown, with the concurrence of two-thirds of all the members, expel a member.
SEC. 12. The busines of each house, and of the committee of the whole, shall be transacted openly and not in secret session.
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.
SEC. 11. Bills may originate in either house, but may be amended or rejected in the other, except that bills for raising revenue shall originate in the house of representatives.
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: PROVIDED, In case of urgency, twothirds 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.
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.
SEC. 17. Every act or joint resolution shall be plainly worded, avoiding as far as practicable the use of technical terms.
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.