Salaries of Congressmen, Senate of U.S., Senators, qualifications of, election of, Silver certificates, Smuggling, Speaker of the House of Representatives, Spoils system, Stamp Act Congress, State, department of, Streets, Subsidiary silver, Supervisor system of local government, Supreme Court of U.S., Survey, U.S. Government, Switzerland,

Tariff, Taxation, National, Taxes, direct and indirect, Territorial delegates, Territories, Territory, admission of, Town type of local government, township-county type, Treasury, department of, Treasury notes, Treaties, Trusts,

Union, steps leading to, United States notes,

Vacancies, in House of Representatives, in Senate, Vestry, Veto, Vice-president of U.S., Virginia local government, Virginia plan, Voting, methods in Congress,

War, declaration of, department of,

Yeas and nays,

THE GOVERNMENT

OF IDAHO

By

J.T. Worlton

Superintendent of Schools, Sugar City

Copyright, 1907, By

Charles Scribner's Sons

CONTENTS.

HISTORICAL FORM OF GOVERNMENT DEPARTMENTS OF GOVERNMENT SCHOOLS THE GOVERNMENT OF IDAHO. HISTORICAL.

The country out of which Idaho was created, known as a part of the Oregon Country, was acquired by treaty with England in 1846. Long before this date, however, trappers, hunters, explorers, and sturdy pioneers had found their way across the Rocky Mountains into the fertile valleys drained by the tributaries of the Columbia.

The earliest white men in this region were undoubtedly the half-breed French-Canadian voyageurs and the trappers of the Hudson Bay Company, who opened the trails through all the great wilderness of the Pacific Northwest; but the honor of revealing to the world the first impressions of the natural beauty and boundless resources of this new country west of the Rockies rests with Lewis and Clark, who crossed the State on their voyage of exploration and discovery in August, 1805. They found the Indians in possession of articles of European manufacture which had been obtained from the trappers of the Hudson Bay Company.

The first white settlement in Idaho of which we have record was established in 1834 at Fort Hall, Bannock County. This fort was important in early Idaho history, being at the crossing of the Missouri-Oregon and the Utah-Canadian trails.

Fort Boise, established in 1836 near the junction of the Snake and Boise rivers, was a rendezvous for thousands of Indians, who gathered from all the country between the Pacific coast and the head waters of the Missouri River to trade and barter in horses, furs, and articles of adornment.

The discovery of gold in 1860 at a point on the Clear Water River in northern Idaho was followed by a vast immigration to that section; this led to the discovery of gold in other parts of the territory, and soon the placer mines in the vicinity of Boise and other places were developed.

The territory of Idaho, comprising what is now Montana, Wyoming, and Idaho, was organized by the Federal Government, March 3, 1863, and Lewiston was made the temporary capital of the territory.

The placer mines of the Boise Basin proved richer than those of the north, and the bulk of the population rapidly drifted southward. This shifting of population caused the removal of the State capital to its present location at Boise in 1864.

By an act of Congress creating the territories of Montana and Wyoming, Idaho was reduced to its present boundaries in 1868.

On July 3, 1890, Idaho passed from a territorial form of government to that of a state, being the forty-third State to join the great Federal Union. Since that time her growth and development have been continuous and rapid.

Mining, lumbering, manufacturing, and agricultural pursuits are the principal resources of the State.

FORM OF GOVERNMENT.

The Constitution of the State of Idaho, like those of the other states in the Union, is modeled after the Constitution of the United States. It contains:

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.

THE END