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Our Government: Local, State, and National: Idaho Edition
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A Preamble, setting forth the purposes of the Constitution.
A Declaration, called the Bill of Rights, containing twenty-one
sections.

Provision for dividing the powers of government into three departments.

Articles relating to taxation, suffrage, public schools, corporations,
militia, immigration, labor, amendments, and other public affairs.

Preamble.--"We, the people of the State of Idaho, grateful to
Almighty God for our freedom, to secure its blessings and promote our
common welfare, do establish this constitution."

Declaration of Rights.--The Bill of Rights is a declaration of
privileges retained by the people, which the departments of government
are expressly prohibited from invading. The most important provisions in
the Bill of Rights may be classed under the following headings:
democratic principles; personal security; private property; freedom of
religion, speech, and of the press; and security against military
tyranny.

Democratic Principles.--All men are equal before the law, and are
protected in the enjoyment of life, property, and the pursuit of
happiness.

All power is inherent in the people.

Personal Security.--The people have the right to bear arms for
their safety and defense, but this privilege is regulated by appropriate
legislation.

The people shall be secure in their persons, houses, papers, and other
possessions against unreasonable searches and seizures.

There shall be no imprisonment for debt except in cases of fraud.

Private Property.--Private property shall not be taken for public use
except a necessity therefore exists, and then only after just
compensation has been paid.

Religion.--The free exercise and enjoyment of religious faith and
worship shall forever be guaranteed.

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 assemble
and consult for their common good, and may petition 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 Constitution the membership 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
assumes 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 Constitution 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 passed 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 passes 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 municipal
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 Constitution 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 classed 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 Constitution 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 institutions:
State University, State Normal Schools at Lewiston and Albion, Academy
of Idaho at Pocatello, and the Industrial School at St. Anthony. Each of
these institutions 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 institutions.

The Governor is kept well informed on the conditions of the various
institutions 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 institution 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.

The amount of land set aside for the use of the State educational
institutions is as follows: State University, including School of
Science and Agricultural College, 286,000 acres; Lewiston Normal, 50,000
acres; Albion Normal, 50,000 acres; Academy of Idaho, 40,000 acres;
Industrial Reform School, 40,000 acres.

The State University at Moscow stands at the head of the educational
institutions of the State. There are three principal departments in the
university. In the Department of Letters and Sciences the courses lead
to degrees of Bachelor of Arts, Bachelor of Science, and Bachelor of
Music. In the Department of Agriculture the course leads to a degree of
Bachelor of Science in Agriculture. In connection with the Agricultural
Course is kept a model farm of one hundred acres and an experiment
station in which laboratories are provided for soil physics, chemistry,
entomology, and botany. In the Department of Applied Science courses are
given in civil engineering, mining engineering, and in electrical and
mechanical engineering.

The University was established at Moscow by special act of the
Territorial Legislature in 1889, and since that date it has had a
splendid growth. It is well equipped in apparatus necessary for the
pursuit of the courses given.

The State Normal Schools.--As an evidence of the fact that the framers
of our State government had in mind a liberal education for the youth of
our State 100,000 acres of public land was set apart for the maintenance
of normal schools, with the provision that none of this land must be
sold for less than ten dollars per acre.

The second State Legislature established in 1893 two State Normal
Schools, one at Lewiston and one at Albion. The purpose of these
schools, as set forth in the acts which created them, is to educate and
train teachers in the art of teaching and governing in the public
schools of the State.

Idaho, although one of the youngest states in the Union, ranks high in
her educational facilities, and the Normal Training Schools have been
very influential in bringing about these results.

The Lewiston State Normal is empowered to grant certificates to its
students to teach in Idaho. These certificates are:

A. Elementary Certificates, good for one year.

B. Secondary Certificates, good for five years.

C. Diplomas, good for life.

Until recently the Albion State Normal School has issued only three-year
certificates on graduation, and life diplomas only after twelve months'
successful teaching. On April 24, 1907, the Board of Trustees of the
Albion State Normal passed a resolution, providing that the regular
course be lengthened to five years, and that life diplomas may be
granted to graduates who have taught successfully for five months.

Academy of Idaho.--The Academy of Idaho is located at Pocatello. The
purpose of this school, as set forth in Section 980 of the School Laws
of Idaho, is to teach those subjects usually taught in academic and
business courses and to give instructions pertaining to a good common
school education.

Each department is well equipped with the latest devices for furthering
the work of the pupils. The students have free access to the large
library and reading room of the institution.

The requirements for admission to the Academy of Idaho are much the same
as those of the normal schools; the applicant must show either by
certificate or examination that he is able to follow successfully the
course which he elects. No tuition is charged residents of Idaho, and
pupils from other states are admitted to all the privileges of the
Academy by payment of a reasonable tuition.

The Industrial Reform School--The Industrial Reform School was
established in 1903 at St. Anthony, Fremont County. The purpose of this
school, as set forth in the act which created it, is "for the care,
protection, training, and education of delinquent, dependent, and
neglected children, and, [to] provide for the care, control, and
discharge of juvenile offenders." In addition to the income received
from the 40,000 acres of land set aside for its maintenance, the
institution is supported by regular appropriations by the State
Legislature.

A farm of two hundred acres, maintained in connection with the school,
is equipped with necessary agricultural implements, vehicles, horses,
cattle, hogs, poultry, etc.

The Idaho Industrial Training School is not a place of punishment, but a
school in which the physical, mental, and moral education of the child
is systematically looked after. It is the plan to have the children
leave the institution with a good common school education, with good
habits, and in fact with every requisite for good citizenship.

Idaho Insane Asylum.--The Idaho Insane Asylum is located at the
city of Blackfoot on a tract of land comprising twenty-one hundred
acres. A large part of this farm is under cultivation and forms an
important source of supplies for the institution. In connection with the
farm is maintained a large dairy herd, horses, sheep, hogs, and poultry.
A well-kept garden of thirty acres furnishes all the vegetables needed
by the inmates and employees of the institution. Most of the work done
in connection with the farm, garden, dairy, etc., is done by the
inmates. The climate, the water supply, and the general surroundings are
especially healthful, as is shown by the medical superintendent, who
says, in his report of 1906: "There is not a single case of that bane of
asylum existence--tuberculosis--among them. This is undoubtedly due to
the climatic conditions here rather than anything else."

A branch asylum was located at Orifino in 1905.

Idaho State Penitentiary.--The Idaho State Penitentiary is located
at Boise and is the only penal institution in the State. There are
twenty-five buildings in all that are used by and belong to the
institution, nearly all of which have been erected since Idaho became a
state. These buildings are located on a tract of five hundred and twenty
acres of land just east of the city. About eighty acres of land under
cultivation are under the management of the institution and all the
labor is done by the convicts. The penitentiary maintains a most
excellent library which is free to all the prisoners.

The prisoners are governed largely on the theory that "Nothing so begets
vice as idleness." During the last few years the convict labor has been
engaged on the farm, in quarrying rock for the buildings of the
institution, in erecting a new cell house and a woman's ward, and in
digging and walling up a large well which has given an abundant supply
of pure water. Thus the institution is put as far as possible on a
self-sustaining basis.

Soldiers' Home.--The Soldiers' Home was established by the State
Legislature in 1893 and located on a tract of forty acres of land about
three miles west of Boise in Ada County. The purpose of the institution,
as suggested by its name, is to provide a comfortable home for the
honorably discharged soldiers, sailors, and marines who served in the
Mexican, the Civil, or the Spanish-American wars; or for any member of
the State National Guard disabled while on duty.

The home here provided for the old veterans is surrounded by all
conveniences necessary to make their declining years pleasant and
comfortable. The rooms are heated by steam and lighted with electricity,
and they have a bountiful supply of wholesome food. A hospital is
maintained in connection with the institution, and the inmates have the
constant care of a skilled physician if necessary.

It is the aim of the institution to be as nearly self-supporting as
possible; regular appropriations for its maintenance are received from
the State and National Governments in about equal proportions.
    
END OF BOOK

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