Page:Idaho State Constitution 2017.pdf/37

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SECTION 1. JUDICIAL PROCEEDINGS CONTINUED. That no inconvenience may arise from a change of the territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, claims, liabilities, and obligations against the territory of Idaho, of whatsoever nature and rights of individuals, and of bodies corporate, 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.

SECTION 2. LAWS CONTINUED IN FORCE. 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are not repugnant to this Constitution shall remain in force until they expire by their own limitation or be altered or repealed by the legislature.

SECTION 3. TERRITORIAL FINES AND FORFEITURES ACCRUE TO STATE. All fines, penalties, forfeitures, and escheats accruing to the territory of Idaho shall accrue to the use of the state.

SECTION 4. TERRITORIAL BONDS AND OBLIGATIONS PASS TO STATE. 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 undertakings executed by this territory, or to any other officer in his official capacity, shall pass over to the proper state authority, and to their successors in office for the uses therein respectively expressed, and may be sued 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.

SECTION 5. TERRITORIAL OFFICERS TO CONTINUE IN OFFICE. 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.

SECTION 6. SUBMISSION OF CONSTITUTION TO ELECTORS. 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 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.

SECTION 7. WHEN CONSTITUTION TAKES EFFECT. This Constitution shall take effect and be in full force immediately upon the admission of the territory as a state.

SECTION 8. ELECTION PROCLAMATION TO BE ISSUED. 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 president 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