They shall severally hold their offices at the seat of government for the term of two years, and until their successors are elected and duly qualified, but no person shall be eligible to the office of Treasurer for more than two consecutive terms.

Sec. 83. The powers and duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Commissioners of Insurance, Commissioners of Railroads, AttorneyGeneral and Commissioner of Agriculture and Labor, shall be as prescribed by law.

Sec. 84. Until otherwise provided by law, the Governor shall receive an annual salary of $3,000; the Lieutenant-Governor shall receive an annual salary of $1,000; the Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Commissioner of Insurance, Commissioners of Railroads and Attorney-General shall each receive an annual salary of $2,000; the salary of the Commissioner of Agriculture and Labor shall be as prescribed by law, but the salaries of any of the said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the State treasury.

ARTICLE IV.

Judicial Department.

Sec. 85. The judicial power of the State of North Dakota shall be vested in a Supreme Court, District Courts, County Courts, Justices of the Peace, and in such other courts as may be created by law for cities, incorporated towns and villages.

Sec. 86. The Supreme Court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, and shall have a general superintending control over all inferior courts under such regu lations and limitations as may be prescribed by law.

Sec. 87. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction, and such other original and remedial writs as may be necessary to the proper exercise of its jurisdiction, and shall have authority to hear and determine the same: Provided, however, that no jury trials shall be allowed in said Supreme Court, but in proper cases questions of fact may be sent by said court to a District Court for trial.

Sec. 88. Until otherwise provided by law, three terms of the Supreme Court shall be held each year, one at the seat of government, one at Fargo, in the county of Cass, and one at Grand Forks, in the county of Grand Forks.

Sec. 89. The Supreme Court shall consist of three Judges, a majority of whom shall be necessary to form a quorum or pronounce a decision, but one or more of said Judges may adjourn the court from day to day or to a day certain.

Sec. 90. The Judges of the Supreme Court shall be elected by the qualified electors of the State at large, and except as may be otherwise provided herein for the first election for Judges under this Constitution, said Judges shall be elected at general elections.

Sec. 91. The term of office of the Judges of the Supreme Court, except as in this article otherwise provided, shall be six years, and they shall hold their offices until their successors are duly qualified.

Sec. 92. The Judges of the Supreme Court shall, immediately after the first election under this Constitution, be classified by lot, so that one shall hold his office for the term of three years, one for the term of five years and one for the term of seven years from the first Monday in December, A. D. 1889. The lots shall be drawn by the Judges, who shall for that purpose as semble at the seat of government, and they shall cause the result thereof to be certified to the Secretary of the Territory, and filed in his office, unless the Secretary of State of North Dakota shall have entered upon the duties of his office, in which event said certification shall be filed therein. The Judge having the shortest term to serve, not holding his office by election or appointment to fill a vacancy, shall be Chief Justice, and shall preside at all terms of the Supreme Court, and in case of his absence, the Judge having in like manner the next shortest term to serve, shall preside in his stead.

Sec. 93. There shall be a Clerk and also a Reporter of the Supreme Court, who shall be appointed by the Judges thereof, and who shall hold their offices during the pleasure of said Judges, and whose duties and emoluments shall be prescribed by law, and by rules of the Supreme Court not inconsistent with law. The legislative assembly shall make provisions for the publication and distribution of the decisions of the Supreme Court, and for the sale of the published volumes thereof.

Sec. 94. No person shall be eligible to the office of Judge of the Supreme Court unless he be learned in the law, be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this State or Territory of Dakota three years next preceding his election.

Sec. 95. Whenever the population of the State of North Dakota shall equal 600,000, the legislative assembly shall have the power to increase the number of the judges of the Supreme Court to five, in which event a majority of said court, as thus increased, shall constitute a quorum.

Sec. 96. No duties shall be imposed by law upon the Supreme Court or any of the Judges thereof, except such as are judicial, nor shall any of the Judges thereof exercise any power of appointment except as herein provided.

Sec. 97. The style of all process shall be "The State of North Dakota." All prosecutions shall be carried on in the name and by the authority of the State of North Dakota, and conclude "against the peace and dignity of the State of North Dakota."

Sec. 98. Any vacancy happening by death, resignation or otherwise in the office of Judge of the Supreme Court, shall be filled by appointment by the Governor, which appointment shall continue until the first general election thereafter, when said vacancy shall be filled by election.

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Sec. 99. The Judges of the Supreme and District Courts shall receive such compensation for their services as may be prescribed by law, which compensation shall not be increased or diminished during the term for which a Judge shall have been elected.

Sec. 100. In case a Judge of the Supreme Court shall be in any way interested in a cause brought before said court, the remaining Judges of said court shall call one of the District Judges to sit with them on the hearing of said cause.

Sec. 101. When a judgment or decree is reversed or confirmed by the Supreme Court, every point fairly arising upon the record of the case shall be considered and decided, and the reasons therefor shall be concisely stated in writing, signed by the Judges concurring, filed in the office of the Clerk of the Supreme Court, and preserved with a record of the case. Any Judge dissenting therefrom, may give the reasons of his dissent in writing over his signature.

Sec. 102. It shall be the duty of the court to prepare a syllabus of the points adjudicated in each case, which shall be concurred in by a majority of the Judges thereof, and it shall be prefixed to the published reports of the case.

District Courts.

Sec. 103. The District Court shall have original jurisdiction, except as otherwise provided in this Constitution, of all causes both at law and equity, and such appellate jurisdiction as may be conferred by law. They and the Judges thereof shall also have jurisdiction and power to issue writs of habeas corpus, quo warranto, certiorari, injunction and other original and remedial writs, with authority to hear and determine the same.

Sec. 104. The State shall be divided into six judicial districts, in each of which there shall be elected at general elections, by the electors thereof, one Judge of the District Court therein, whose term of office shall be four years from the first Monday in January succeeding his election, and until his successor is duly qualified. This section shall not be construed as governing the first election of District Judges under this Constitution.

Sec. 105. Until otherwise provided by law, said districts shall be constituted as follows:

District No. 1 shall consist of the counties of Pembina, Cavalier, Walsh, Nelson and Grand Forks.

District No. 2 shall consist of the counties of Ramsey, Towner, Benson, Pierce, Rolette, Bottineau, McHenry, Church, Renville, Ward, Stevens, Mountraille, Garfield, Flannery and Buford.

District No. 3 shall consist of the counties of Cass, Steele and Traill.

District No. 4 shall consist of the counties of Richland, Ransom, Sargent, Dickey and McIntosh.

District No. 5 shall consist of the counties of Logan, La Moure, Stutsman, Barnes, Wells, Foster, Eddy and Griggs.

District No. 6 shall consist of the counties of Burleigh, Emmons, Kidder, Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark, Hettinger, Bowman, Billings, McKenzie, Dunn, Wallace and Allred, and that portion of the Sioux Indian reservation lying north of the seventh standard parallel.

Sec. 106. The legislative assembly may, whenever two-thirds of the members of each house shall concur therein, but not oftener than once in four years, increase the number of said

judicial districts and the Judges thereof; such districts shall be formed from compact territory and bounded by county lines, but such increase or change in the boundaries of the districts shall not work the removal of any judge from his office during the term for which he may have been elected or appointed.

Sec. 107. No person shall be eligible to the office of District Judge unless he be learned in the law, be at least twenty-five years of age, and a citizen of the United States, nor unless he shall have resided within the State or Territory of Dakota at least two years next preceding his election, nor unless he shall at the time of his election be an elector within the judicial district for which he is elected.

Sec. 108. There shall be a Clerk of the District Court in each organized county in which a court is holden, who shall be elected by the qualified electors of the county, and shall hold his office for the same term as other county officers. He shall receive such compensation for his services as may be prescribed by law.

Sec. 109. Writs of error and appeals may be allowed from the decisions of the District Courts to the Supreme Court under such regulations as may be prescribed by law.

County Courts.

Sec. 110. There shall be established in each county a County Court, which shall be a court of record, open at all times, and holden by one Judge elected by the electors of the county, and whose term of office shall be two years.

Sec. 111. The County Court shall have exclusive original jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, the sale of lands by executors, administrators and guardians, and such other probate jurisdiction as may be conferred by law: Provided, that whenever the voters of any county having a population of 2,000 or over shall decide by a majority vote that they desire the jurisdiction of said court increased above that limited by this Constitution, then said County Courts shall have concurrent jurisdiction with the District Courts in all civil actions where the amount in controversy does not exceed $1,000, and in all criminal actions below the grade of felony, and in case it is decided by the voters of any county to so increase the jurisdiction of said County Court, the jurisdiction in cases of misde