Our Government: Local, State, and National: Idaho Edition Part 27

No religious test shall be required for holding public office.

Freedom of Speech and of the Press.--Every person may freely speak, write, and publish on any subject, but he is held responsible for the abuse of that liberty,

Freedom of Meeting.--The people shall have the right to a.s.semble and consult for their common good, and may pet.i.tion the Legislature for redress of grievances.

Security Against Military Tyranny.--Soldiers shall not be quartered in private houses in times of peace without the consent of the owner, nor in times of war except as the law may provide.

It will be seen from the above that the State government as well as the National is planned on the accepted fact that all power originates with the people. In America the people have the divine right to rule. The people possess all rights which they have not expressly given to the government. The Bill of Rights which we have discussed is therefore a double safeguard which the people have thrown about their sacred inalienable rights.

DEPARTMENTS OF GOVERNMENT.

Government consists essentially in making, judging, and enforcing the laws. In absolute monarchical forms of government, of which Russia and Turkey are examples, these three departments are vested in the same head; but in republics and limited monarchies the law-making, law-judging, and law-enforcing powers are separated. History has proved that the separation of these three powers of government is most satisfactory for an enlightened people.

Legislative Department.--The legislative or law-making power of the State is vested in a Legislature which is composed of a Senate and a House of Representatives. The sessions of the two houses are open to the public and each house keeps a journal of its proceedings in which is recorded the yea and nay votes on any question at the request of any three members.

Qualifications of Members.--The qualifications of a senator or representative in the State of Idaho are the same. He must be a citizen of the United States, an elector of the State, and he must have been an elector for at least one year next preceding his election in the county from which he is chosen.

Sessions.--The Legislature meets biennially at the State Capital, commencing on the first Monday after the first day of January in the odd years. Special sessions of the Legislature may be called by the Governor when he deems it necessary. No special session shall continue for more than twenty days.

The compensation of our legislators is five dollars per day, with an allowance of ten cents per mile going to and returning from the place of meeting.

Privileges.--Members of the State Legislature are not liable to any civil process during the session of the Legislature nor during the ten days next preceding the same. They are privileged from arrest during the same time in all cases except treason, felony, or breach of the peace.

They cannot be legally called to account for anything said in debate during the session of the Legislature.

Senate.--According to the State Const.i.tution the members.h.i.+p of the Senate is limited to twenty-four members. Each county is a senatorial district.

The term of office is two years and begins on the first day of December following the election. The Senate adopts its own rules of government and elects its own officers, with the exception of its president, who is the Lieutenant-Governor ex-officio. In case the Lieutenant-Governor a.s.sumes the duties of Governor, the Senate elects its presiding officer.

All State officers appointed by the Governor are subject to the approval of the Senate. If the Senate is not in session when the appointment is made, such person shall discharge the duties of the office until the next session of the Senate. In the case of impeachment of State officers the Senate is the court. A majority of the senators is a quorum for the trial of impeachment, and a two-thirds vote is necessary for conviction.

In case of conviction the penalty does not extend further than removal from office, but such person may be tried in the civil courts as other lawbreakers.

House of Representatives.--The House of Representatives is a more numerous body than the Senate. The members are elected for the same time and for the same term as the senators. The House of Representatives has power to choose all its officers. The special powers exercised by the House of Representatives are: originating bills for raising revenue and making appropriations, and in impeaching State officers.

Executive Department.--After the laws are made it becomes necessary to designate some one to see that they are enforced. The legislators make the laws, and it remains for the officers in the Executive Department to see that the laws are enforced.

The Executive Department consists of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, and Superintendent of Public Instruction, all of whom hold their offices for two years, beginning on the first Monday in January next after their election.

Qualifications.--No person is eligible to the office of Governor, Lieutenant-Governor, or Attorney General unless he has attained the age of thirty years, nor to the other executive offices unless he is twenty-five years of age. The Const.i.tution provides that all the executive officers shall be citizens of the United States and shall have resided in the State two years next preceding their election, and that the Attorney General must have been admitted to practice in the Supreme Court of the State.

Governor.--The Governor is commander-in-chief of the military forces of the State and may call out the entire State militia to aid in the enforcement of the law. He may require in writing from the officers of the Executive Department information upon any subject relating to their respective departments.

All acts pa.s.sed by the State Legislature are presented to the Governor for his approval and signature. If he signs a bill it becomes law; if he disapproves it, he returns it to the house in which it originated, with his objections, which are entered on the journal of that house. The bill is then reconsidered, and if approved by a two-thirds majority is sent with the Governor's objections to the other house, which also reconsiders it, and if approved by a two-thirds vote in that house it becomes a law over the Governor's objections.

If the Governor fails to return a bill to the Legislature within five days (Sunday or adjournment excepted) it becomes a law without his signature.

If the Governor disapproves a bill and the adjournment of the Legislature prevents its return, he must file it with his objections in the office of the Secretary of State within ten days after such adjournment; otherwise it becomes a law.

The Governor, by and with the consent of the Senate, appoints members to fill vacancies which may occur by death, resignation, or otherwise in the State offices. He also has the power to make appointments to all offices whose appointment or election is not otherwise provided for.

Lieutenant-Governor.--The Lieutenant-Governor is the only executive officer whose residence at the State Capital is not required by law. In case of a vacancy in the office of Governor by death, resignation, or otherwise, the Lieutenant-Governor becomes Governor and takes up his residence at the State Capital. The only duty of the Lieutenant-Governor, when not called upon to act as Governor, is that of presiding officer of the Senate.

Secretary of State.--The Secretary of State is the custodian of The Great Seal of the State of Idaho, and all State papers. He records the proceedings and acts of the Legislature and also of the executive departments of the State government. He is a member of the Board of Pardons, of the Board of State Prison Commissioners, and of the State Land Board.

Auditor.--The Auditor is the financial guardian of the State. He is a member of the auditing committee which pa.s.ses on all claims against the State. The Auditor receives all moneys paid the State, and deposits the same with the State Treasurer, taking receipt therefore. Money is paid out of the treasury only by warrant issued by the Auditor.

The Auditor makes a regular report of the financial condition of the State.

Treasurer.--The Treasurer, who is under heavy bonds for the performance of his duties, is the custodian of the funds of the State.

He receives the State's revenues from the Auditor and pays out money only by warrant issued by the Auditor.

Attorney General.--The Attorney General is the legal adviser of the State officers and acts as attorney for the State in all cases in which the State is a party. He represents the State in all its legal business.

His office is one of dignity and responsibility.

Superintendent of Public Instruction.--The Superintendent of Public Instruction has charge of the public-school system of the State. He prepares all examination questions used by the County Superintendents of the State and prescribes rules and regulations for conducting such examinations. It is his duty to meet with the County Superintendents from time to time to discuss questions for the general welfare of the public schools of the State. He is an ex-officio member of the Board of Trustees of the Lewiston and Albion Normal Schools, the Academy of Idaho, the State Industrial School, and the State Land Board.

Judicial Department.--It is the special function of the Judicial Department to interpret and explain the laws. The judicial power is vested in a court for trial of impeachments, a supreme court, district courts, probate courts, courts of justices of the peace, and munic.i.p.al courts.

The court for the trial of impeachments is the State Senate, whose functions as a court of justice are outlined under the head of Legislative Department.

The Supreme Court.--The Supreme Court is composed of three judges elected from the State at large for a term of six years. It is so arranged that one judge goes out of office each two years, thus leaving a majority of members at all times with over two years' experience in office.

The Supreme Court has jurisdiction both original and appellate. Its original jurisdiction consists in issuing writs of mandamus, certiorari, prohibition, and habeas corpus. Its appellate jurisdiction extends to practically all cases tried in the lower courts.

The Const.i.tution requires the Supreme Court to hold annually at least four terms of court: two at Boise, the capital, and two at Lewiston.

The compensation allowed justices of the Supreme Court is four thousand dollars per year, but they are not permitted to hold any other public office during the term for which they are elected.

The District Court.--It is in the District Court that the great body of criminal cases are disposed of. This court has original jurisdiction in all cases arising in the district, and its appellate jurisdiction includes all cases which may be appealed to it from the probate or justice courts.

The State of Idaho is divided into six judicial districts. The District Court is presided over by a judge whose legal qualifications do not differ materially from those of the justices of the Supreme Court. Two terms of court must be held in each county of the district annually, and special sessions may be held at the option of the judge. The judge must live in the district for which he is elected, but may try cases in any county of the State at the request of the judge of the District Court thereof who may be disqualified because of his personal or pecuniary interest in the case. The salary paid the judge of the District Court is three thousand dollars per year.

Probate Courts.--The Probate Court is essentially a court of record and has original jurisdiction in all matters of probate. It is in this court that settlement is made of the estate of deceased persons and that guardians are appointed. The Probate Court may try all civil cases wherein the debt or damage claimed does not exceed five hundred dollars; its jurisdiction in criminal cases is concurrent with that of justices of the peace.

Court of Justice of the Peace.--Every county is divided into precincts, in each one of which there is a Justice of the Peace. He has jurisdiction in all civil cases arising in his district wherein the amount in consideration is not more than three hundred dollars and in cases cla.s.sed as misdemeanors.

There are also police courts in cities for the trial of the violators of the city ordinances. The presiding officers of such courts are called police judges.

Amendments.--Amendments to the Const.i.tution may be submitted in two ways: first, by being proposed by two-thirds of both houses of the Legislature; second, by being proposed by a convention called for that purpose.

The amendment thus submitted must be approved by the people at a popular election.

SCHOOLS.

The State of Idaho supports the following educational inst.i.tutions: State University, State Normal Schools at Lewiston and Albion, Academy of Idaho at Pocatello, and the Industrial School at St. Anthony. Each of these inst.i.tutions is governed by a board of trustees appointed by the Governor for a term of years. The boards have the general management of the schools. They build and furnish school buildings, employ and dismiss teachers and employees, prescribe the course of study and the conditions under which students are admitted to the respective inst.i.tutions.

The Governor is kept well informed on the conditions of the various inst.i.tutions by regular reports which he requires of the several boards of trustees. The reports set forth a detailed account of all expenditures for the two years just closing and make an estimate of the amount of funds needed for the maintenance of the inst.i.tution for two years hence.

Each school is supported by biennial appropriations made by the State Legislature and by funds received as interest on money derived from the sale of public lands set aside by the State or National Government for their use.