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electors of the county, voting on the proposition 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."

SEC. 3. No county shall be divided unless a majority of the qualified 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 proportion of all then existing liabilities of the county from which it is taken.

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 less than one million dollars, as shown by the last pre vious assessment. 16

SEC. 5. The legislature shall establish, subject to the provisions of this article, a system of county governments which shall be uniform throughout the state; and by general laws shall provide for township or precinct organization.

SEC. 6. The legislature by general and uniform laws shall provide 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 and also ex-officio tax collector, a probate judge, a county superintendent of public instruction, a county assessor, a coroner and 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 the election of 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 moneys, which may be paid to them, or officially come into their possession. The county commissioners may employ counsel when necessary. The sheriff, county assessor, county treasurer and ex-officio 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 and clerical assistants to receive such compensation as may be fixed by the county commissioners. The salary and qualifications of the county superintendent shall be fixed by law.17

18 Amendment proposed by the legislature of 1897; ratified on November 8, 1898: effective December 5, 1898.

17 Section 6, has been amended five times; the first amendment was proposed by the legislature of 1893; ratified on November 6, 1894 ; effective December 1, 1894. The second amendment was proposed by the legislature of 1895; ratified on November 3, 1896 ; effective November 27, 1896. The third amendment was proposed by the legislature of 1907; ratified on November 3, 1908; effective November 25, 1908. The fourth amendment was proposed by the legislature of 1909; ratified on November S, 1910; effective November 28, 1910. The present amendment was proposed by the legislature of 1911; ratified on November 5, 1912 ; effective November 25, 1912. The text of the amendment of 1894 is as follows: Section 6. The legislature by general and uniform laws, shall provide 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 superintendent 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 the election of 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.

Sec. 7. All county officers, and deputies when allowed, shall receive, 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 necessary expenses, incurred by any county officer or deputy, in the performance of his official duties, shall be a legal charge against the county, and may be retained by bim 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 a 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 statement, accompanied by proper vouchers, showing all expenses incurred and all fees received, which must be audited by the board as other accounts. 18

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 provided 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 of such officers, 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. precinct and municipal 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, 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 school superintendent shall be fixed by law. The text of the amendment of 1908 is as follows: Section 6. The legislature, by general and uniform laws, shall provide 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 superintendent of public instruction, a county 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 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 moneys which may be paid to them, or officially come into their possession. The county commissioners may employ counsel when necessary. The sherift, 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 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. The text of the amendment of 1910 is as follows: Section 6. The legislature, by general and uniform laws, shall provide 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 superintendent of public instruction, a county 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 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 moneys, which may be paid to them, or officially come into their possession. The county commissioners may employ counsel when necessary.

The sheriff, county

and ex officio 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 and clerical assistants to receive such compensation as may be fixed by the county commissioners. The salary and qualifications of the county superintendent shall be fixed by law.

18 Amendment proposed by the legislature of 1897; ratified on November 8, 1898 ; effective December 5, 1898.

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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 expenses, 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. 19

SEC. 10. The board of county commissioners shall consist of three members whose term of office shall be two years.

Sec. 11. County, township, and precinct officers shall perform such duties as shall be prescribed by law.

ARTICLE XIX.

APPORTION MENT. SECTION 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 Shoshone, 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 Lembi, 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 Bing. ham, 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;

The sixteenth shall consist of the county of Washington, and shall elect one senator.

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;

10Amendment proposed by the legislature of 1897; ratified on November 8, 1898; effective December 5, 1898.

The counties of Kootenai and Latah, one member;
The county of Logan, two members;
The county of Lemhi, two members ;
The county of Vez 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 XX.

AMENDMENTS. SECTION 1. Auy 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 election, 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.

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.

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 convention, and if a majority of all the electors voting at sa id election shall have voted for a convention, the legislature shall at the next session provide by law for calling the same; and such conrention shall consist of a number of members, not less than double the number of the most numerous branch of the legislature.

SEC. 4. Any Constitution adopted by such Convention, shall have no validits mtil it has been submitted to, and adopted by, the people,

ARTICLE XXI.

SCHEDULE AND ORDINANCE. SECTION 1. That no inconvenience may arise from a change of the territorial government to a permanent state government, it is declared that all krits, actions, prosecutions, claims, liabilities, and obligations against the territory of Idaho, of whatsoever nature and rights of individuals, and of bodies furporate, 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.

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 legislature.

SEC. 3. All fines, penalties, forfeitures, and escheats aceruing to the territory of Idaho, shall accrue to the use of the state,

Sec. 4. All recognizances, bonds, obligations, or other undertakings heretofore taken, or which may be taken before the organization 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 undertaking executed by this territory, or to any other officer in his official capacity. shall pass orer to the proper state authority, and to their

successors in office for the uses therein respectively expressed, and may be sueil for and recovered accordingly. All criminal prosecutions and penal actions which have arisen or which may arise before the organization 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.

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 suspended under this Constitution.

SEC. 6. This Constitution shall be submitted for adoption or rejection, 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 after the first Monday in November, A. D., 1889. 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 returns of votes for delegate in Congress. The said canvassing board shall canvass the votes so returned, and certify and declare the result of said election 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 to 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 accordingly.

Sec. 7. This Constitution shall take effect and be in full force imme. diately upon the admission of the Territory as a State.

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 absence or failure to act, the Pres. ident 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 by the people of all state, district, county, township, and other officers, created 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.

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 case 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 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, 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 election; but returns for all state and district officers and members of the legis lature, shall be made to the canvassing board hereinafter.

SEC. 10. The governor, secretary, controller, and attorney general of the Territory, and the president of this convention, or a majority of them, shall constitute a board of canvassers to canvass the vote at such elections for all State and district officers and members of the legislature. The said board shall assemble at the seat of government of the Territory on the thirteenth day

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