PRESENTATION OF DAKOTA'S CLAIMS, AND Memorial Praying: For AdmivSsion. Fhe Constitution ADOPTED BY THE CONVENTION HELD AT Sioux Falls, Dakota. September. 1885 R. T. CLOVER, SIOUX FALLS, DAKOTA. 1 PRESENTATION OF DAKOTA'S CLAIMS, AND Memorial Praying For Admission. To the President and Congress of the United States: The People of that part of Dakota, south of the forty-sixth parallel of North latitude, having adopted a Constitution, republican in form and taken the necessar}^ preliminary measures toward organizing a state government, now through their properly constituted agents, present sucli Constitution to the President and Congress of the United States, and confidently relying uja- on the rights which pertain to American Citizens, like circumstanced, re- spectfully but earnestly pray to be admitted as a State into the Union oi States. A HISTORY OF THE STATE MOVEMENT. For many years, as will more fully be shown hereinafter, Congress has been petitioned by the Territorial Legislative Assembly to divide the Terri- tory upon or near the forty^-sixth parallel of North latitude, and since tlie census of 1880 to pass an enabling act for the south portion. In the winter of 1881-2, a large number of the prominent citizens of the Territory, from both sections thereof, being delegated thereto by their re- spective communities, visited tlie City of Washington and urged upon Congress the passage of an act enabling the people of South Dakota to form a Constitu- tion and State Government, preparatory to admission into the Union, and continuing the territorial organization for the northern part. Such an act was at that session fiivorably reported to their respective Houses, from the Committees on Territories of the Senate and House of Representatives, but was not finally acted upon in either. At the next session of the Territorial Legislative Assembh', in the winter of 1882-3, a bill passed both houses with practical unanimity, providing for and calling a Constitutional Convention, to frame and submit to the people for ratification, or rejection, a Constitution for South Dakota. The bill reach- ing the Executive too late in the session to secure his approval, or its return, before the close, was withheld by him, and thus failed to become a law. Shortly after such failure, a Committee was formed to call a preliminary con- vention to consider the advisability of calling and holding a Constitutional Convention, as contemplated by the bill withheld and defeated by the Ex- ecutive. Such preliminary convention was called, and held at the city of MEMORIAL TO CONGRESS. Huron in June, 1883, and was composed of over three liundred delegates, representative men of both political foith, duly selected by tne people of the respective Counties. That Convention remained in session several days, and unaniiuously united in calling a Constitutional Convention, to be held at Sioux Falls in September of the same year, (1883) composed of one hundred and fifty delegates to be elected by the people by ballot, under the forms provided by law for ordinary elections. Congress having failed to act, an Executive ajipoiuted from abroad, and not in accord with the people, having defeated the legal measure passed by their representatives in the Legislative Assendjly, nothing was left for action but the procedure, originating with, and carried forward by, the people con- cerned, acting in their primary capacity. Such election was held, delegates were regularly elected, consisting of democrats and republicans, they assembled at the place and time named, re- mained in session sixteen days, framed a Constitution which was submitted to the electors at the November, 1883, election, and by them ratified, and through a Conimittee provided by the Convention, the Constitution vi^as at the session of 1883-4 submitted to Congress and admission thereunder asked for South Dakota. Bills were submitted to both Houses of Congress for this purpose, but as is generally understood, because the Convention was held and the elections were conducted, without being clothed with the authorit}' of a law of the Territory, the friends of Dakota therein preferred the pas.sage of an enabling act, with which conclusion Dakota was content, and the result of this effort was the passage of an enabling act through the Senate, not act- ed upon in the House. At the next succeeding session of the Territorial Legislative Assembly, in February, 1885, with the same unanimity which has characterized all leg- islative Assemblies, and all gatherings of the representatives of the peoi)le, whether for the whole of the Territory or for that portion more immediately concerned, upon tnis subject, another act was passed calling a Constitutional Convention for South Dakota, and the then Executive being in full accord with the manifest wish of the people, approved the same. That act is found in session laws of Dakota, 1885, page 51. An election for delegates was held there-under, who duly assembled at the time and place appointed therein, September 8th, 1885, at Sioux Falls, remained in session eigliteen days, fram- ed and suljmitted to a vote of the people the Constitution now ))resei)ted, whcih was ratified at the regular November election l)y a vote of 25, 226 for; to 6,505 against. Such, in brief, is a history of the efforts of the people of that portion of Dakota south of the forty-sixth parallel of North latitude, ai:ht, they have been forced to taki- their i)wn course, and stand upon their righ*s, riglits secured to them by the (Con- stitution and a solemn irrepealai)ie ordinance. They have taken the census of the territory, they have formed a constitution, elected their officers and the whole machinery of a state government is ready to be put in opera- tion; they are only awaiting youraction. Having assumed this attitude, they now demand admission as a mutter of right; they demand it as an act of justice at your hands. Are tliey now to be repelled, or to be told that they must retrace their steps, and come into the Union in the way they at first sought to do, but could not obtain the sanction of Congress? Sir, I fear the consequences of such a decision; I treuible at an act of such injustice." Mr. Morris of Ohio, spoke more fully on the objectionable points than other Senators, justifying the right of the people of a territory, when amount- ing to 60,000 to meet and form their own Constitution. He said: "I hold tiiatany portion of American citizens, who may reside on a por- tion of the territory of the United States, whenever their numbei'S shall amount to that which would entitle them to a representation in the House of Representatives in Congress, have the ri^ht to provide for themselves a Constitution and State government, and to be admitted into the Union whenever they shall so apply; and they are not bound to wait the action of Congress in the first instance, except there is some compact or agreement re- quiring them to do so. I place this right upon the broad, and, I consider, indisputable ground, that all persons, living within the jurisdiction of the United States, are entitled to equal privileges; and it ought to be a matter of high gratification to us here, that, in every portion, even the most remote, of our country our people are anxious to obtain this high privilege at as early a day as possible. It furnishes clear proof that the Union is highlj' esteemed and has its foundation deep in the hearts of our fellow citizens.'' "By the Constitution of the United States power is given to Congress to admit new States into the Union. It is in the character of a State that any portion of our citizens, inhabiting any part of the territory ef the United States, must apply to be admitted into the Union; a State government and Constitution must first be formed. It is not necessary for the power of MEMORIAL TO CONGRESS. Coiiiiress, and I doubt if Congress has sucli power, to prescribe tlie mode by whicli the people shall form a State Constitution; and, for this plain rea- son, that Congress would be entirely in.eompetent to the exercise of any co- ercive power to carry into eftect the mode they might prescribe. I cjinnot, therefore, vote against the admission of Arkansas into the Union, on the ground that there was no previous act of Congress to authorize the holding of her convention. As a member of Congress, I will not look beyond the Constitution that has been presented. I liave no right to presume it was formed by incompetent persons, or that it does not fully express the opinions and wishes of the people of that country. It is true that the United States shall guarantee to every State in the Union a republican form of government, meaning, in my judgment, that Congress shall not permit any power to es- tablish, in any State, a government without the assent of the people of such State; and it will not be amiss that we remember here also, that that guaranlv is to the State and not as to the formation of the government by the people of tlie State; but siiould it be admitted that Congress can look into the Con- stitution of a State in order to ascertain its character, before such State is ad- mitted into the Union, yet I contend that Congress cannot object to it for the want of a republican form, if it contains the great principle that all power is inherent in the people and that the government drew all its just powers from the governed. "The people of the Territory of Arkansas having formed for thejjjselves a State government, having presented ttieir Constitution for admission into the Union, and that Constitution being republican in its form, and believin<' that the people who prepared and sent this Constitution here are sufficiently numerous to (Entitle them to a representative in Congress, and believing also that Congress has no right or power to regulate the system of police these people have established for themselves, and the ordinance of 1787 not oper- ating on tliem, I cainot, as a member of this body, refuse niy vote to adnnt this State into the Union." On this point Mr. Hanjer of Ohio spoke in the House thus: "One of the {)rincipai objections ursfed against their admission at this time IS that their proceedings have been lawless and revolutionary; and that for the example's sake, if for no other reason, we should reject their nppli- civtion and force them to go back and do all the work over again. I cannot assent to this proposition. Two ways are open to every Territory that de- sires to emerge from its dependent condition and become a State. It mav either petition Congress for leave to form a State Constitution, ami, when that permission is given, proceed to form it, ;ind present the new State Con- stitution for our approbation, or they may meet, in the tii'St instance, form the Constituiion and ofier it lor our approval. There is no improprietv in either mode. It is optional with Congress, at last, to admit the State or not as may be thought expedient. If they wish to admit her they can do it bv two acts of Congress; one to authorize the formation of a Constitution and the other to approve of it when made; or by one act, allowing the praver of the petitioners to become a State and approving of their Constitution at the same time. This latter course is the one adopted in the present case. There is nothing disrespectful in it. Indeed, tiiere is much to justify the Territorv in its proceeding. Year after year they petitioned for leave to form a Con- stitution; it was refused or their application was treated with neylect. MEMORIAL TO CONGRESS. Wearied with repeated instances of tliis treatment, tiiey have formed a Con- stitution, brought it to us and asked us to sanction it and admit them into the Union. We have tlie authority to do this; and if their Constitution is repub- lican we ouglit to do it. There is no weight in this objection and I will dis- miss it without further remark." (Benton's Thirty Years in the U. S. Senate Vol. 1, pp 629-;i)0-34.) Tlie Constitution prescribes no methtnl of admitting new States. Xo reg- ulation of Congress exists upon the subject. Is the requirement at last more than tliis — «o far as the m.ere method of seeking admission is concerned — that it shall be made manifest to Congress. that the people of the Territory have, in an orderly manner and with delilj- eration, asserted their desire to become a State, and assume the perogatives of a State government in the Union, being clothed with those safeguards of law which enable them to exercise their deliberate judgment and make man- ifest their undoubted will? Cannot this be accompHshed just as effectually through a legislative act of tlie Territory as of Congress? In Dakota's case, we submit, it would be unjust, unfair, and in every re- spect unwise to impose upon her the delay and added expense incident to compelling her to return and await the uncertain and slow action of Con- gress in first passing an enabling act. Tiie propo.sed State iuis already more than double the population ever required of any State heretofore for admis- sion into the Union. Her necessities demand immediate action at the hands of Congress. She has largely outgrown a Territorial form of government. The courts are wholly inadequate to the needs of her citizens. The government is not responsible to the people. Her credit, her good name are imperiled. The restrictions which an orderly constitutional g(jvern- ment impose, is an imperative immediate necessity. The State is ready for admission, and why the people should be postponed in their undoubted right to statehood, cannot be made apparent by any unprejudiced or truthful argu- ment, CONDITIONS FOR ADMISSION COMPLIED WITH The following are submitted as certainly covering ;ill of tlie conditions which can be demanded of a State seeking admission into the Union. First — Has the desire for admission been authoritatively expressed? Second — Have such boundaries and area been sele(;ted, as will insure a strong substantial State? Third — In selecting such area and boundaries, has the policy of the government respecting the territories been disturbed, or the welfare of the people of the United States hazarded? Fourth — Do the conditions exist, regarding present population and re- sources, which would warrant the formation of a State, and such as will in- sure the support of a permanent State government, and do those conditions give promise of ability to justly share in the future with other States, the duty of upholding and protecting the Union? Fifth— Is the Constitution submitted, and State government instituted, republican in form? Sixth — Do the Constitution and ordinances of the proposed State, proper- ly protect the property of the United States therein, and make no unjust dis- criminations against citizens of other States. MEMORIAL TO CONGRESS. Seventh — Do any conditions exist, either in the Constitution, laws, or practices of the people, which would render the State undesirable as a mem- ber of tlie Union, or menacing to its welfare? If Dakota can satisfactorily ansvver all these conditions, by what right or pretext of justice, can she be denied tlie power of being governed b3' officers ■of her own selection; by laws which she has had her part in enacting, an I of the inestimable privileges of a State in the American Union? First — The desire for admission, as beiore shown, has, upon every at- tainable occasion for more tlian four years, been authoritatively expressed, iind is now emphasized by a larger vote than is usually polled in a new State, upon the adoption of a constitution. Compare the votes of some of the States. Dakota 25,226 for 6,565 against. Iowa, first Constitution, 7,235 for, 7,656 against. Iowa, Constitution of 1846, 9,492 for, 9,036 against, Kansas, Topeka Constitution, 1,731 for, 46 against, Lecompton Constitution, 6,226 for, 589 against. MineoJa and Leavenworth, 4,346 for, 1,257 against. Wyandotte Constitution, under which the State was admitted, had 10,421 votes for, 5,530 against. Maine, 9,040 for, 796 against. Nebraska, .5,938 for, 3,838 against. Minnesota, 36,240 for, 700 against. Oregon, 7,195 for, 3,195 against. Wisconsin, (the first Constitution having been rejected) the second one of 1848 received 16,442 votes for and 6,149 against. Second — The boundaries and area include so much of the present terri- tory as is south of the forty-sixth parallel of North latitude, making about 77,000 square miles. In all this vast area, there are no mountain ranges, no waste or desert lands. All are susceptible of the highest cultivation and use, save an insig- nificant portion'in the western part, termed buttes or peaks. With the excep- tion of the extreme western part, including, say, six thousand square miles of hilly country, this is one vast plain traversed by several considerable streams, the great Missouri River cutting it diagonally through the center, from side to side. In the extreme western part, the hill lands are usually rich in soil, and wherever denuded of timber, capable of raising as fair crops of all the cereals and vegetables of this latitude as can be raised anywhere. In short, the entire of the proposed State, will sustain as manj^ people to the square mile, as any one of the richest States in the Union. W^ith an excel- lent soil, well watered by numerous rivers, lake and springs, a great naviga- ble river traversing its entire width, a healthful climate, its yield of the prec- ious and. useful minerals in the western portion, with plenty of coal for fuel and manufacture, and pine and other timber sufficient for home use, a doubt of its capacity to support its full share of the increasing millions, with which the States of the Union are to be peopled in their future history, need not be indulged in by an;/ one, against Dakota, and will not be for any ju.st pur- pose. MEMORIAL TO CONGRESS. Compare Dakota as propoeed, with other States in area. First with its near neijihl)ors. Dakota, 77,000 square miles. Wisconsin, 54,000 square miles. Nehraska, 76,000 " " Kansas, 81,000 " " Missouri, 65,000 " " Minnesota, 83,000 " K Iowa, 55,000 " " Tlien w- th the Middle and Southern States. Dakota, 77,000 S(juare miles. Louisiana, 41,000 square miles. Illinois, 55,000 " '' Mississippi, 47,000 " Indiana, 34,000 " " Georgia, 58,000 •' Ohio, 40,000 " " Florida, 59,000 " Michigan. 56,000 " " South Carol ina34,000 " Arkansas, 52,000 " " North Carol ina51,000 " Kentucky, 38,000 " " Virginia, 38,000 " Tennessee. 45,000 " " WestVirginia,23,000 " Alahama, 51,000 " " Maryland, 11,000 " Tlieu w ith the more eastern States. Dakota, 77,000 square miles. Pennsylvaria, 46,000 " Delaware, 2,120 " New Jersey, 8,320 " " New York, 47,000 " Massachusetts 7,800 " " Maine, 35,000 " N. Hampshire 9,280 " Connecticut, 4,750 " " Vermont, 10,212 square miles. Rhode Island, 1,306 " Oregon has 95.000 '• 104,000 " 189,000 ". 104,000 " 274,000 " " Colorado, " California, " Nevada, " Texas, Of course the last four are well known to be exceptional, and should form no precedent against Dakota's wishes. Tliej' are exceptions to the almost uniform policy in admitting new States from the public domain. Prudence will suggest that the action now to be taken is for all time, and no narrow or partisan view should be taken of this question ot area; for a polic> which seems advantageous to a particular State or constituency today, may be disastrous on the morrow. It must, in the light of experience, be conceded that the area proposed is sufficient for a 'substantial State and consistent with tlie general welfare and former precedents. Ttie wisdom which experience brings, the necessities whicb a large ag- gregation of population reveals, no doubt will cause Texas, in the desire for a government closer to the people than is possible with so large an area, to take advantage of her compact for admission, and we shall have rive States there in lieu of one. The existence of extensive mountain ranges, not yet desirable for the purpose of population, in California, Colorado and Nevada, seemed to justify including large areas under one jurisdiction. Conditions may change even there. DIVISION OF THE TEKRITORV. Third — The policy of the government toward the people of the Territo- ries, when selecting areas for States, has been almost uniformly to allow the selection of reasonable limits by the people thereof and erect such into a State. MEMORIAL TO CONGRESS. In Dakota's case, the question of what is known as the division of the Territory is involved. With more propriety, it should be termed taking from the area now under one territorial government, sufficient to forma State for admission. Out of the territory which once constituted the great Northwest territory, and of which Dakota formed a part, has been carved and admitted into the Union, exclusive of those formed from the Virginia Cession the States of Wisconsin, Iowa and Minnesota, and successively, as States were admitted, the remaining portions were organized anew as territories. It is now pro- posed to repeat this action, take a State from the territorial area, admit it, und renew the territorial organization for the remainder. Of course the question of division is recognized by South Dakota, prob- ably by every one, as the important questi(m to be presented to Congress. The ungenerous thought will not be entertained by the loyal people of Da- kota, unless cruei experience teaclies them that Congress will denj^ nearly a half million of their fellow citizens the right of self-government, and compel a continuance in a state of semi-vassalage, if disembarrassed of other prop- ositions. Therefore, tlie necessity for a careful review and consideration of the important question of division. In it is involved, not only the welfare and wishes of the propased State, but of ttiose wlio are still to remain under a territorial government. It will be conceded by everj' candid man that in the formation of a State for admission out of the territory. Congress should recognize the right of the people of the proposed State to select such area and bounclaries as will constitute a substantial, strong, permanent State. Beyond that it is a question for the people of the United States. Due regard .should also be paid to to the wishes and the welfare of the people not incor- porated into the new State. Those who have peopled Dakota are American citizens, mostly from the States and Districts represented by those honorable gentlemen to whom they are now appealing. They forfeited no right by removal to Dakota. They certainly are as competent tojudge of what is for their welfare and for those who are to come after them, and of forming and expressing a deliberate judgment thereon, as are the people of the communities from whence they came, and have better opportunities of doing so. A decent regard for their expressed will ought to be entertained by those distinguished gentlemen, representatives of their former neighbors and friends, now possessing the power over their futures, with no chance for appeal but to the great heart of the nation. They are the ones directly in interest. They and their descen- dents are the ones to suffer by anj' mistake now made against their interest. Numerous pi-ecedents exist where Congress has wiseW allowed the people of the projected commonwealth to select for themselves their State's area and boundaries, and always has such selection proved the patriotism and sagacity of the people. Notably does the great and prosperous State of Iowa show the wisdom of allowing a people to determine for themselves these important questions. They would have no such boundaries as proposed by Congress, voted down the Constitution built thereon and Congress yielding to their expressed de- sire, they made Iowa what she is and what she ever will be, with constantly increasing grandeur, one of llie mist powt-rfnl Stu'e.s in the American union. 10 MEMORIAL TO CONGRESS. Witliout intending the shadow of disrespect, with tlie utmost loyalt.v, hilt witli the manliness of a people seeking to Iieconie wholly free and no longer semi-vassals, we do declare that not during this generation of men and women, will Dakota ac<;ept boundaries and area so distasteful as are in- volved in tlie admission of all of Dakota Territory as one State. EVIDENCE OF PUBLIC SENTIMENT UPON DIVISION. As early as the Territorial legislative session of 1870-71, the agitation of the question of division of Dakota upon the forty-sixth parallel of north lati- tude took form, and at that session a memorial to Congress, praying for such le form of respectful petition foi- divi.sion. "The population and urea of the Teiritury justify division, and refusing it leaves both sectionsinan unsettled condition and operates to the serious dis- advantage of both. The area of the Territory is greater than the united areas of New Hampshire, Vermont, Massachusetts, Rhode Island. Connecti- cut, New York, New Jersey, Pennsylvania, Delawiire and Maryland. "The poitulation of the Territory as shown l)y its vote; by the public lands occupied; by its postal and internal revenues, and by its banking ami other business interests is not less than 450,000, and there is good reason for believing it amounts to 500,000. "The population of the Southern portion, for which admission is asked, cannot now fall much short of 300,000, and will very soon exceed that figuie. "The climate, surface and soil of the Territorv are as well adajited to ag- ricultural i)ursuits and the ordinary industries of the North, as are the cli- mate, surface and soil of Illinois or Iowa. "The people of ibe Territory have as great regard for the rights of otheis and smart as keenly under a sense of injustice as those of any other Teni- tory or State. 12 MEMORIAL TO CONGRESS. "The revenues paid into tbe United States Treasury by the people of Dakota, and all statistics attainable, prove that the population and material interests of the Territory are sufficiently great to justify this consideration at vour hands. "No ditticnlty can arise as to the apportionment of tbe public debt of the Territory, as it was wholh' created for the erection of public buildings, and the bonds clearlj' show for what purpose issued. Those issued for pul)li(- buildings in that part of the Territory south of the forty-sixth parallel, should be paid by the southern division of the Territory, and those issued for pub- lic buildings erected in the North, should be paid by the northern division of the Territory. "The union of the two sections in one state, would be unnatural, and would lead to endless difficulties. "The division prayed for, is wise. It will quiet unrest, prevent ditticui- ties and misunderstandings, which will arise if it is not granted; and will pro- mote the interests of both sections. "And although the people of all Dakota, are earnestly in favor of admis- sion of tbe southern half as a State, still they will hail with joy division only, and if asking for admission of the southern iialf as a State will, in any man- ner, delay division, then we earnestl}' request division without the admission prayed for, at the earliest possible time. "And for your favorable consideration, hereof, your memorialists will ever pray. "Approved Februarj 2nd, 1885." The vote in the House upon this memorial was 48 in the affirmative, none in the negative. In the Council 23 voting in the affirmative, none in the negative, one beiny absent. Besides these continued, unvarying expressions of the people's will, thus promulgated through the only legally constituted tribunal in which they have any voice, both political parties at their biennial conventions, held for the whole Terrritory, to select candidates for delegates to Congress, have, with a single exception, passed with the same unanimity resolutions favoring divis- ion on the same line substantially, sometimes using the Seventh Standard, East of the Missouri River. At the last convention held for the whole Territory in 1884, such resolu- tions were passed by both party conventions, and are submitted herewith. Besides all this, and as perhaps a more practical, because more costly demonstration of the people's wish upon this subject, we fiiid that govern- mental buildings for two governments have constantly been provided; and thus a penitentiary in the South is duplicated in the North. The same occurs with insane asylums, agricultural colleges, State universities and other pub- lic buildings, with provisions usually found in the acts, making necessary dis- positions upon the division of the Territory, oc;curing. With all these expressions of the people's desire upon the subject of the division of the Territory, through every conceivable representative public assemblage, with two constitutions framed and adopted for the south part of Dakota, can it be doubted what the sentiment of the people of the Territory is and has been for years thereon? If any doubt does yet linger, we pray your Honorable bodies to put it to a vote of the people of the whole Territory, and let the Admission of the State of Dakota depend upon the re- sult ol that vote. MEMORIAL TO CONGRESS. 13 POPULATION AND RESOURCES. Fourth — ^Fortunalel}' Dakota is not now compelled to rel.v upon compar- isons and estimates however conclusive, to establish conviction in the minds •of the Honorable fi;entleraen composing the tribunal appealed to, of the suf- ficiency and permanency of population and resources to entitle the State to admission into the Union. Since the adjournment of the last Congress, a census and enumeration has been taken, under the laws of Congress, which has been filed with and is a part of the archives of the Interior Department, and open to the inspection of all who desire the information therein presented. Certain important tables taken therefrom are incorporated herewith. These but serve to supplement and establisli the thoroughness of re- search made, and correctness of conclusions arrived at, and presented to the Senate at its last session, by the distinguished Senator from Indiana, the Chairman sf the Committee on Territories, who so generously espoused the cause of Dakota, and gave to her citizens and to the right of self-government everywhere, so candid consideration and able support. We give first the tables for South Dakota. 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Please observe, this census was taken in June, 1885; months have el;ip«i'il siiK-e then, the natural frrowth durinsi- which in so rapdily growing a territory, luhin nialerially to the showing, and necessarih' the census would he under the full facts which exist, and not over. With ovnstitutional Convention, which adjourned to a day certain iV^r the purpose of doing anything which was required by Congress to be done 1i> pass such ordinances as may be desired. MEMORIAL TO CONGRESS. 15) Seventh — No one can trutlifully iiile}j;e that any circuinstances exist, either in the provisions of the Constitution, the laws which are cDniinued in force b}' it, or in the practices of the people, which can render tiiis State, in any respect, an undesirable member of the Union. Forty-nine counties are already organized ami l)ave coniplt^te county Kt>\- ernments. The judgments and decrees of the CVjurts areas readily olieyed and respected, and as due a regard to the laws of Congress and of the Terri- tory is had as in any State in the American Union. Tlie intelligence and mor- ality of the people is no where e.Kcelled. All the evidences and elements of civilization and enlightenment exist to certainly as great an exleiil as can hi? found anywhere. The percentage of illiteracy, it will be seen by an exam- ination of the census returns, is as small as in almjsranv State. Churches, schools and newspapers are supported with as much liberality, to say tin- least, as is practiced in the most enlightened State in the Union. The peo- ple are mostly from conununities represented in the tribunals to which our people are now appealing. The population therein, not natives of the Uniteil States, are certainly as intelligent, as industrious, and as prosperous as tlie like population anywhere. Indeed, it may be claimed, truthfully, that what is called the "foreign population" is, as a rule, much superior to the ordinaiv emigrants of a like class. They are found everywhere engaged in agiicuhural, mechanical, business and professional pursuits, and no class of citizens is more desirable. Dakota is not a wilderness, nor is it a wild country either in its popula- tion or its material conditions. It has 2,500 miles of railway more tiian any one of twenty-five States; it has 2,000 school houses more in number than anv one of eighteen States, it has 275 newspapers; it has agrcater number of pust- offices than any one of twenty-three other States and Territories, and pavs more revenue to the Postoffice Department than thirty-two ot the States; it has colleges, universities and Normal Schools endowed by the Territory or supported by denominational organizations; it expended for education in 1884, $1,786,676.99; all the leading church denominations are represented in the Territory by large membership and ministry and well organized church societies, and by as many churches as can be found in any Christian com- munity according to the population. About the same proportion as the population these civilizing influences exist in South and North Dakota. In 1883 the assessed valuation of Dakota was 169,15-1,905; in 1884, $85,664,946; in 1885 it is $106,007,307. Something over half this assessed valuation is in South Dakota. With all these evidences of civilization and enlightened sentiment, with the enterprise and liberality displayed in the support of schools, without hav- ing one farthing of assistance fro;n the general government — though it aids older and wealthier communities by liberal donations of land and revenue — it is an insult to allege the existence of any practices which would render the State undesirable as a member of the Federal Union. An inspection of the Constitution and the laws continued in force thereby, will satisfy anyone that no conditions therein exist inimical to good government. If the people of the proposed State of Dakota have, through their duly constituted agents, established to the satisfaction of the President and Con- gress of the United States, the existence of all the requisite conditions for 2f) MEMORIAL TO CONGRESS. admission as a State — as we respectfully submit cannot be reasotiably doubterivi lege of organizing themselves into a State government, and should be a8 (Twenty-fifth Congress, Second .'^ssion) itljeingan A<'t establishing tbe territorial govern- ment of Iowa, all tbat parr of the Territory' of Wisconsin l^ing west of tbe Mississippi River, and of a line drawn due north from the head waters of said river, to tlie Territorial line, and including what is now Dakota, east of tlie Mir«onriand White Earth Rivers, was erected into a separate territory, and by Section 12 of that Act, it was provided "That the inhabitants of the said territory shall be entitled to all the rights, privileges and immimities heretofore g?-anted and secured to the Territory of Wisconsin, and to its in- habitants." MEMORIAL TO CONGRESS. 21 Now, tlie most sacred rig:lit, the liij;best privilege, the greatest advantage whicl) was granted and secured to the people of the territory of the United States Xortliwest of the River Ohio, by compact; and by law to the Territory of Wisconsin, was the right, tlie privilege, and the advantage, whenever a re- quisite number of free inhabitants shall exist therein, was to form a perma- nent Constitution and State government, republican in form, and be admit- ted into tlie Congress of the United States on an equal footing with the origin- al States in all respects whatever. Besides these enactments, the same district of country west of the Mis- sissippi River and east of the Missouri and White Earth Rivers, was attache*! to and made a part of the Territory' of Michigan, which formed a partv to said compact of 1787 and by such Act attacliing that country to Michigan, the inhabitants therein were guaranteed that they should be entitled to the same privileges and immunities in all respects as the other citizens of Michigan Territory. • Again, after the omanization and admission of the State of Iowa Con- gress reatlirmed this invitation and guaranty by the Act apjtroved March od 1849, e.stablishing the territorial government of Minnesota, that Territory in- cluding the same area as the Territory of Iowa, less the State which had been carved lliereoul. By Section 12 of that Act, it is again provided, "That the inhabitants of the said Territory shall t)e entitled to all the rigJits, privileges and immunities heretofore granted and secured to the Territory of Wiscon- sin and to its people." It will thus be seen that the policy of the government, from its earliest history, has been directed toward rapidly peopling its great territories and has constantly held out the invitation to enter and possess the piblic domain and as an inducement thereto, besides tht» enactment of beneficent and liber- al laws for the disposal to actual settlers of its lands, has given them solemn assurance and guaranty that it would admit them into tiie Union of States on an equal footing with the original States, whenever they were prepared to assume their share of the burdens of maintaining this great government The people of Dakota invoke these guaranties to let a stronger lio-jit in upon the injustice of which they complain, by the neglect of Congress in failing to give them precedent authority to organize a State government and that Congress may see with clearer view the justness of their claims to admission. For the granting of the request herein youj' Memorialists the F'eoiile of Dakota will ever pray. G. C. Moody, S. M. Booth, J. H. MOKK, S. G. Updyke, Geo. R. Laybourn, Memorial Committee. A. J EDGERTON, JOHN CAIN, Pr.'s't. Con. Conv'l'ii. Sec. Con. Conv'Vu. The Constitution. PREAMBLE. We, tbe i>eople of Dakota, grateful to Almiahty God for our civil and re- ligious liberties, in order to form a more perfect and independent government, (Stablisli justice, insure tranquMity, provide for the common defense, pro- mote the general welfare and preserve to ourselves and our posterity the lilessings of libeity, do ordain and establisluthis Constitution for the State of Dakota. .NAME \SD BOCND.VRY. Section 1. The name of the State shall be Dakota. Sec. 2. The boundaries of the State of Dakota siiall be as follows: Be- Linning at the point of intersection of the western boundary line of the State ■f Minnesota, with the northern boundary line of the State of Iowa, and run- I'ing thence northerly along the western boundary line of the State of Min- nesota to its intersection with the forty-sixth parallel of north latitude; thence ■vest along the forty-sixth parallel of north latitude to its intersection with 1 he twenty-seventh meridian of longitude west from Washington; thence south on the twenty -seventh meridian of longittide west from Washiuirton to its intersection with the northern boundary line of the State of Nebraska; ' lience easterly along the northern boundary line of the State of Nebraska to its intersection with the western boundary line of the State of Iowa; thence northerly along the western boundarv line of tiie State of Iowa to its inter- section with the northern boundary line of the State of Iowa; thence east long the northern boundary line of the State of Iowa to the placL' of begin- ning. -A.X2.TICXjE IX. DIVJ.SlOX OK THE POWERS OF GOVEKNME.NT. The powers of the governmei.t of the State are divided into three distinct departments — the legislative, executive and judicial, and the ])owers and dn- ;iesof each are prescribed by this Constitution. -A-e-txci-ie: III- LEGISLATIVE I>E1'A1ITMENT. Section 1. The legislative power shall be vested in a legislature, wnii-li -hall consi.st of a senate and hou^e of representatives. Sec. 2. The number of members of the house of representatives shall lot be less than seventy-five nor more than one hunf the legislature, and in going to and returning from the same; and for words used in any speech or d«bate in either house, they shall not be questioned in .aiy other place. Sec. 12. No member of the legislature shall, during the term for which iie was elected, be appointed or elected to any civil office in the State which shall have been created, or the emoluments of which shall have been i:i- .•reased during the term for which he was elected, nor shall any member re- ■ •eive any civil appointment from the Governor, the Governor and senate, or irom the legislature during the term for which he shall have been elected, •\ud all such appointments and all votes given for any such members for any ■^uch oflice or appointment shall be void; nor shall any member of the legis- lature during the time for which he shall have been elected, or within one .-ear thereafter, be interested, directly or indirectly, in any contract with the State or any county thereof, authorized by rnylaw pat-sed during the term for which he shall have been elected. THE CONSTITUTION. 25 Seu. lo. Each house shall keep a Journal of its proceedings and publish the same from time to time, except such parts as require secrecy, and the veas and nays of members on any question shall be taken at tUe desire of •one-sixth of those present and entered upon the Journal. Sec. 14. In all elections to be made by the legislature the members thereof shall vote viva voce and their votes shall be entered in the Journal, Sec. 15. Tlie sessions of each house and of the Committee of the Whole shall be open, unless when the business is such as ought to be kept .secret. Sec. 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two liouses shall be sitting. Sec. 17. Every bill shall be read three several times, but the tirst and second reading may be upon the same day, and the second reading may be by title of the bill, unless the reading at length be demanded. The tirst and third readings shall be at length. Sec. 18. The enacting clau.se of a law shall be; "Be it enacted by the leg- islature of the State of Dakota," and no law shall be passed unless by assent of a majority of all the members elected to each house of the legislature. And the question upon the final passage shall be taken upon its last reading and the 3'eas and nays shall be entered upon the Journal. Sec. 19. The presiding officer of each house shall, in the presence of the house over which he shall preside, sign all bills and joint resolutions passed by the legislature, after their titles have been publicly read immediately be- fore signing, and the fact of signing, shall be entered upon the Journal. Sec. 20. Any bill may originate in either house of the legislature, and a bill passed bj' one house may be amended in the other. Sec. 21. No law shall embrace more than one subject, which shall be ex- pressed in its title. Sec. 22. No act shall take effect until ninety days after the adjournment of the session at which it passed, unless in case of emergency, (to be ex- pressed in the preamble or body of the act), the legislature shall by a vote of two-thirds of all the members of each house, otherwise direct. Sec. 23. The legislature is prohibited from enacting any private or spec- ial laws in the following cases; 1. Granting divorces. 2. Changing the names of persons or places, or constituting one person the heir-at-law of another. 3. Locating or changing county-seats. 4. Regulating county and township affairs. 5. Incorporating cities, towns and villages or changing or amending the charter of any town, city or village, or laying out, opening, vacating or alter- ing town plats, streets, wards, allej'S and public grounds. 6. Providing for sale or mortgage of real estate belonging to minors or others under disability. 7. Authorizing persons to keep ferries across streams whollj' within the State. 8. Remitting fines, penalties or forfeitures. 2(J THE CO^'STrTUTlO:?:. 9. Granting to an individual, association or corporation any special or ex- clusive privilege, iinnmiiity or franchise whatever. 10. Providing for the management of common schools. 11. Creating, increasing or decreasing fees, ivercentages or allowancts o( puhlic officers during the term for whicli said officers are eleerted or a])- pointed. But the legislature may repeal any existing special law relatnig to the- foregoing subdivisions. In all other cases where a general law can be a]>plicabie, no special law shall be enacted. SiiC. 2-i. The legisUiture shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or individual to this state or to any nuuiicipal corporation therein. Sec. 25. The legislature shall not authorize any game of chance, lottery, or gift enterprise, under any pretense or for any purpose whatever. Sec. 26. The legislature shall not delegate to any special commission, pri- vate corporation or association, any power to make, supervise or interfere with any municipal in)provement, money, property, effects, whether held in trust or otherwise, or levy taxes or to select a capital site or to perform any nmnicipal lunctions whatever. Sec. 27. The legislature shall direct by htw in what manner and in what courts suits may be brought against the State. Sec. 28. Any person M'ho shall give, demand, offer, directly or indirectly, any money, testimonial, privilege or personal advantage, anything of value to any executive or judicial officer or member of the legislature, to influence him in the performance of any of his official or public duties, shall be guilt}" of bribery and shall be punislied in such manner as shall be provided by law. The offense of corrupt solicitation of members of the legislature, or of public officers of the State, or any municipal division thereof, and an)' effort towards solicitation of said members of the legislature or officers to influence their official action, shall be defined by law and shall be piniishable by fine and imprisonment. Any person may be compelled to testify in investigation or judicial pro- ceedings against any person ciiarged with liaving committed any ott'ense or bribery or corrupt solicitation, and shall not be peiraitted to withhold his tes- timony upon the ground that it may criminate himself, but said testimony shall not afterwards be used against him in any judicial proceeding except for bribery in giving such testimony, and any person convicted of either of the offenses aforesaid, shall be disqualified from holding any office or position or oflice of trust or profit in this State. EXECUTIVI'] DEPARTMENT. Section 1. The executive power shall be vested in a Governor who shall hold his office two years; a Lieutenant Governor who shall be elected at the same time and for the same teni;.' Sec. 2. No persson shall be eligible to the office of Governor or Lieuten- ant Governor except a citizen of the LTnited States and a qualified elector of the State, who shall have attained the age of thirty yeaj-s, and whoshall have THE CONSTITlTTrOS. 57 resided two years next precedina: the election witliin the State or Territory, Tior shall he be eliiiible to any other office during tlie. term for wliiid, lie sliall ■^lave been elected. Sec. ?>. The Governor and Lientenant Governor shall be elected by the •qualified electors of the State at the time and places of choosins; members of the leo;islature. The persons respectively havin<^ the hi^jhest number of votes for Governor and Lientenant Governor shall be elected, bat if two or inore shall have an equal and highest number of votes for Governor and Lieutenant Governor, the two houses of the leoislature at its next regular ■session shall forthwith, by joint ballot, clioose one of such persons for said office. The returns of the election for Governor and Lieutenant Governor ■shall be made in such manner as shall be prescribed by law. Sec. 4. The Governor shall be Commander-in-Chief of the military and naval forces of the State, except when thev shall be called into the service of the TTni ted States, and maj' call out the same to execute laws, suppress insurrection and repel invasion. He shall have power to convene the lesris- lature on extraordinary occasions. He shall at the commencement of each ■session communicate to the legi'^latnre by message, information of the con- dition of the State, and shall recommend such measures as he shall deem ■expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature and shall take care that the laws be faith- fully executed. Sec. 5. The Governor shall have power to remit fines and forfeitures, to ■grant reprieves, commutations and pardons after conviction for all offenses except treason and casesof impeachment^ provided, in all cases where thesen- tence ofthe court is capital punishment, imprisonment for life or a longer term than two years, or a fine exceeding two hundred dollars, no pardon shall be g:ran'^ed, sentence commuted or fine remitted except upon the recommenda- tion in writing of a board of pardons, consisting of the presiding Judge, Sec- retarj' of State and Attorney General, after full hearing in open session, and such recommendation, with the rersons therefor, shall be filed in the office of the Secretary of State but the legislature may by law in all cases regulate the manner in which the remission of fines, pardons, commutations and re- prieves may be applied for. TJpon conviction for treason he shall have power to suspend the execution of sentenc;e until the case shall be reported to the legislature at its next regular session, when the legislature shall either par- don or commute the sentence, direct the execution of the sentence or s,rant a further reprieve. He shall communicate to the legislature at each regular session, each case of remission of fine, reprieve, commutation or pardon granted by him in the cases in which he is authorized to act without the rec ommendation of the said board of pardons, stating the name of the convict, the crime of which he is couv'icte'l, tlie sentence and its date, and the date of the remission, commutation, pardon or reprieve, witii his reasons for granting the same. Sec. 6. In case ofthe death, impeachment, resiijnation, failure to qualify, absence from the State, removal from office, or other disability of the Gov- ernor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant Governor. 2s THE coxsnruTiajS'. Sec. 7. The Lieutenant Governor shall be president of the senate, but sluill liave only a easting vote therein. If during a vacancy of the office ot Governor, the Lieutenant Governor sluill l:>e inipeaciied. displaced, resign oi die, or from mental or physical disease or otherwise, become incapable of performing the duties of his otEce, tlie Secretary of State siuill act as Gover- nor until the vacancy shall be filled or tlie disability removed. Sec. S. When any otfice shall from any cause l)ecome vacant and no. mode is provided by the Constitution or law for filling such vacancy, the- Governor shall have power to fill such vacancy by appointment. Sec. 9. Every bill which shall have passed the legislature shall, before it becomes a law, be presented to the Governor. If he approve he shaU sign; but if not, he shall return it with his objection to the house in which it originated, which shall euter the objection at large upon the Journal and proceed to reconsider it. If after such reconsideration, two-tliirds of the members present shall agree to pass the bill, it shall be sent, togetiier with the objection, to the other house, by wluch it shall likewise be reconsidered, and if it be approved by two-ihirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the j-eas and nays and the names of the members voting for and against the bill shall De entered upon the Journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays ex- cepted) after it shall have been presented to him, the same shall be a law^ unless the legislature shall by its adjournment prevent its return; in which case It shall be filed, with his objection, in the otfice of the Secretary of State, within ten days after such adjournment or become a law. Sec. 10. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items and part or parts of the bill approved sliall be law, and the item or items disapproved shall be void, unless enacted in tlie following manner: If the legislature be in session he shall transmit to the house in which the bill origi- nated a copy of the iteni or items thereof (iisapproved, together with his ob- jections thereto, and the items objected to shaU be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the Executive veto. Sec. 11. Any Governor of this State who asks, receives or agi'ees to re- ceive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives, or offers or promises his official influence in consideration that any member of the legislature shall give his official vote or influence on any particular side of any question or matter upon which he may be required to act in his official capacity, or who menaces any member by the tlireatened use of his veto power, or who of- fers or promises any member that he, the said Governor, will appoint any particular person or persons to any office created or thereafter to be created, in consideration that any member shall give his oflicial vote or influence on any matter pending or thereafter to be introduced into either house of said legislature, or who threatens any member that he, the said Governor, will remove any person or persons from office or position with intent to in any manner influence the official action of said member, shall be punished in the THE COXSTITUTION. 29 inamifcr now, or thatinay hereafter be provided by law and upon convii- tion tliereon shall forfeit all right to hold or exercise any ottiee ot trust or honor in this State. Sec. 12. There shall be chosen by the (}ualitied electors of the State at the timesand places of choosinu; members of the legislature, a Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Commission- er of School and Public Lands and .Attorney General, who shall severally hold their otlices for the term of two years, but no person shall be eliitible to the ofHce of Treasurer for more than two terms consecutively. They shall respectively keep their offices at the seat of government. Sec. 1;>. The powers and duties of tiie SecM-etary of State, Auditor, Treasurer, Superintendent of Public Instruction, Commissioner of School and Public Lands and Attorney General shall be as prescribed by law. .J [TDICL\L DEPARTMENT. Section L The judicial powers of the State, exce|)t as in this Constitu- tion otherwise provided, shall be vested in a Supreme Court, circuit courts, county courts and justices of the peace, and such other courts as may be created by law for cities and incorporated towns. SUPREME COUKT. Sec. 2. The Supreme Court, except as otherwise provided in this Con- stitution, shall have appellate jurisdiction only, which shall be co-exteiisive with the State, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law. Sec. 3. The Supreme Court and the judges thereof shall have power to issue writs of habeas corpus. The Supreme Court shall also have power to issue writs of mandamus, quo warranto, certiorari, injunction and other orig- inal and remedial writs, with authority to hear and determine the same in such cases anroper cases, questions of fa(;t may be sent by said court to a circuit court to a trial before a jury. Sec. 4. At least two ternitr: of the Supreme Court shall be held each vear at the seat of government. Sec. 5. The Supreme Court shall consist of three judges, to be chosen from districts by qualified electors of the State at large, as hereinafter pro- vided. Sec. 6. The number of said judges and districts may, after rive years from the admission of this State under this Constitution, be increased by law to not exceeding five. Sec. 7. A majority of the judges of the Supreme Court shall be neces- .sary to form a quorum or to pronounce a decision, but one or more of said judges may adjourn the court from day to day or to a certain day. Sec. 8. The term of the judgfes of the Supreme ('ourt, who slial! be elected at the first election under this Constitution, shall be four years. At all subsequent elections the term of said judges shall be six years. Sec. 9. The judges of the Supreme Court shall by rule select from their number a presiding judge, who shall act as such for the term prescribed by such rule. THK CONSTrTTTTIOK Sec. 10. No person shall be eligible to the office of judge of the Suprente- Court unless he be learned in the law, be at least thirty years of age, a citi- zen of the United States, nor unless he shall have resided in this State or Ihe Territory at least two years i>ext prececiing his election and at the time- of his election be a resident of the district from which he is elected, Ixtt for the purpose of re-election, nasucbjutlge sliall be ileenved to- have lost his- residence in the district by reasoti of his removal to the seat of go-vernment in the discharge of his official duties. Sec. 11. Until otherwise provided by law, tl>e districts fron> which the said judges of the Supreme Court shall be elected,, sliall be constituted as follows: First District — All that portion of the State hing west of tlie Missourii river. Second District — All that portion of tl>e State lying east of tl^e Missouri river and south of the second standard parallel. Third District — All that portion of ihe State lying east of tl»e Missouri river and north of the second standard parallel. Sec. 12. 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 office dur- ing the pleasure of said judges, and wliose duties and en>olun>ents shall be- prescribed by law, and by the rules of the Supreme Court not inconsistent with law, Tlie legislature shall make provision for tl>e publication and dis- tribution of the decisions of the Supreme Court, and for the sale of the pub- lished volumes thereof. No private person or corporation shall be allowed to secure any copyright to such decisions, but if any copyrights are securetl they shall inure wholly to the benefit of the State. Sec. 13. The Governor shall have authority to require the opinions of the judges of the Supreme Court upon important questions of law involved in the exercise of his executive powers and upon solenm occasions. CIRCUIT COURTS. Sec. 14. The circuit courts shall have original jurisdiction of all actionss and causes, both at law and in equity, and such appellate jurisdiction as may be conferred by law and consistent with this Constitution; such jurisdiction as to value and amount and grade of offense, may be liuiited by law. They and the judges thereof shall also have jurisdiction and power to issue writs of habeas corpus, mandamus, quo Wdrniiito, certiorari, injunction and other original and remedial writs, with authority to hear and determine the same. Sec. 15. The State shall be divided into Judicial circuits in each of which there shall be elected by the electors thereof one judge of the circuit court therein, whose term of office shall be four years. Sec. 16. Until otherwise ordered by law, said circuits shall be six in number and constituted as follows, viz: First circuit: The counties of Union, Clay, Yankton, BonHomme, Hutchinson, Charles Mix and Douglas. Second circuit: The counties of Lincoln, Turner, Minnehaha, McCook, Moody, Lake and Miner. Third circuit: The counties of Brookings, Kingsbury, Deuel, Hamlin, Codington, Clark, Grant, Marshall, Roberts, Day, and the Wahpeton and Sisseton reservation, and all that strip of territory now included between the north line of the county of Day and Roberts and the forty-sixth i)arallel of north latitude. THE CONSTITITTIOK. "SI Fourth circuit: The counties of Beadle, Sanborn, Davison, Aurora, Brule, Buffalo. Jerauld and Hansoii. Fifth circuit: The counties of Brown, Hand, Hyde, Hughes, Sully, Potter, Faulk, Edmunds, Walworth, CaiMpbell, McPherson and Spink and all that portion of said State lying east of the Missouri river^ net included in any •other judicial circuit. Sixth circrait: All that portion of the said State lying west ©f the Missouri river. Ssa 17. The legislature raay, whenever two-thirds of the members of •each house shall concur therein, increase the number ot judicial circuits and the judges thereof, and divide the State into judicial circuits accordingly, tak- ing care that they be formed of compact territory and be bounded by county Tmes, but such increase of number or change in the boundaries of districts ■shall not work th« removal of any judge from his office •during the term for which he shall have been elected or appointed. Sec, 18. Wilts of error and appeals may be allowed from the decisions ■of the circuit c(Mirts to the Supreme Courts under such regulations as may be prescribed by law, COUNTY COURTS. Sec. 19. There shall be elected in each organized county a county judge who shall be judge of the county court of said county, whose term of office shall be two years until otherwise provided bv law. Sec. 20. County courts shall be courts of record and shall have original jurisdiction in all matters of probate guardianship and settlement of the es- tates of deceased persons and such other civil and criminal jurisdiction as may be conferred by law, provided that such courts shall not have jurisdic- tion in any case where the debt, damage, claim or value of property involved shall exceed one thousand dollars, except in matters of probate guardianship and the estates of deceased persons. Writs of error and appeal may be al- lowed from county to circuit courts, or to the Supreme Court in such cases and in such manner as maj' be prescribed by law, provided that no appeal or writ of error shall be allowed to the circuit court from any judgment ren- dered upon an appeal from a justice of the peace or police magistrate for cities or towns. Sec. 21. The county court shall not have jurisdiction in cases of felony, nor shall criminal cases therein be prosecuted by indictment; but they may have such jurisdiction in criminal matters, not of the grade of felony, as the legislature may prescribe, and the prosecutions therein may be by informa- tion or otherwise as the legislature may provide. J USTICE OF THE PEACE. Sec. 22. Justices of the peace shall have such jurisdiction as may be con' ferred by law. but they shall not have jurisdiction of any cause wherein the value of the propert}^ or the amount in controversy exceeds the sum of one hundred dollars, or where the boundaries or title to real property shall be called in question. I POLICE M.\GISTRATE. I Sec 23. The legislature shall have power to provide for creating such ^ police ni'agistrates for cities and towns as may be deemed from time to time THE CONSTITUTION. necessary, wlio shall have jurisdiction of all cases arising nnder the ordi- nances of such cities and towns respectively, and such police magistrates may also be constituted ex-oflicio justices of the peace for their respective coun- ties. statk's attorney. Sec. 24. The legislature shall have power to provide for State's attorneys and to prescribe their duties and iix Iheir com]>en.sation ; but no person shall be eligible to the office of attorney general or State's attorney who shall not at the time of his election be at least twenty-five years of age and possess all tiie other qualifications for judges of circuit courts as prescribed in this arti- MISCELLANEOUS. Sec. 25. No psirson shall be eligible to tlie office of judge of the cir<:uit or county courts 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 re- sided in this State or Territory at least one vear next preceding his election, and at the time of his election be a resident of the county or circuit, as the case may be, for which he is elected. Sec. 2G. The judges of the Supreme (,'oiirt, circuit courts and county courts shall be chosen at the first election held under the provisions of this Constitution, and thereafter as provided by law, and the legislature may pro- vide for the election of such ofticers on a different day from that on which an election is held for any other purpose, and niay, for the purpose of making such provision, extend or abridge the term of office for au}' of such judges then holding, but not in an\' case more than six months. The term of office (jf all judges of circuit courts, elected in the several judicial circuits througli- out the State, shall expire on the same day. Sec. 27. The time of holding courts within said judicial circuits and counties shall be as provided by law; l)ut at least one term of the circuit court shall l)e iield annually in each organized county, and the legislature shall make provision for attaching unojganized counties for iudicial i)ur- l)oses. Sec. 28. Special terms of said courts may be held under siu-h regulations as may be provided by law. Sec. 29. The judges of the circuit courts may hold courts in other cir- cuits than their own, under such regulations as may be prescribed by law. Sec. ;50. The judges of the Supreme Court, circuit courts and county courts shall each receive such salary as may be provided by law, consistent with this Constitution, and no such judge shall receive any compensation, l)erquisite or emoluments for or on account of his office in any form what- ever, except sucrh salary ; proviiled, that county judges may accept and re- (leive such fees as may l)e allowed under the land laws of tiie United States. Sec. 31. No judge of the Supreme Court or circuit courts shall act as at- ■torney or counselor at law, nor shall any county judge act as attoriiey or counselor at law in any case whicii is or may he brought into his court or which may be appealed therefrom. Sec. :>2. There shall be a clerk of the circuit court in each organized conntv. wlio shall also l)e clei'k of I he county court, ami who shall be elected "THE CO^STITITT'ION. "^53 'by the qnalified electors of such county. The duties and compensation of •said clerk shall be as provided by law and regulated by the rules of the court ■consistent with the provisions ot law. Sec. 33. Until the legislature shall provid-e by )aw for fixing tlie terms of •courts, the judges of the Supreme, circuit and county courts, respectively, ■shall fix the terms thereof. Sec. ?)4. All law« relating to •courts shall be general and of uniform oper- iition throughout the State, and the organization, jurisdiction, power, pro- •ceedings and practice of *ill the ■courts of the same class or grade, so far as Tegulated by law, and the force and effect of such of the proceedings, judg- ^nents and decrees of such courts severally shall be uniform, provided, how- -ever, that the legislature may classifj' the county courts according to the population of the respective counties and fix the jurisdiction and salary of 'the judges thereof accordingly. Sec. 35. No judge of the Supreme or circuit courts shall be elected to any other than a judicial office, or be eligible thereto, during the term for •which he was elected such judge. All votes for either of them during such term for anv elective office, except that of judge of the Supreme Court, cir*- •cuit court or county court, given by the legislature or the people, shall be void. Sec. 36. All judges or other officers of the Supreme, circuit or county •courts provided for in this article, shall hold their offices until their success- •ors respectivel}^ are elected or appointed and qualified. Sec. 37. All officers provided for in this article shall respectively reside in the district, county, precinct, cit}' or town for which they may be elected ■or apjiointed. Vacancies in the elective offices provided for in this article shall be filled b\^ appointment until the next general election, as follows: All judges of the Supreme, circuit and county courts b}' the Governor. All other judicial and other officers by the county board of the county where the va- cancy occurs; in cases of police magistrates, by the municipality. Sec. 38. All process shall run in the name of the "State of Dakota." All prosecutions shall be carried on in the name of and by authority of the "State of Dakota." BILL OF RIGHTS. Section 1. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of hap- ])iness. To secure these rights governments are instituted among men, de» riving their just powers from tlie consent of the governed. Sec. 2. No person shall be deprived of life, libert}^ or property without due process of law. Sec. 3. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political rigiit, privilege or capacity on account of his i-eligious opinions; but the liber-' t}^ of conscience hereby secured shall not be so construed as to excuse licen- tiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the State. No person shall be compelled to at- tend or support any ministry or place of worship against his consent, nor :U THE CONSTITUTION. shall any preference be given by law to any religious establishment or mode of worship. No money or property of the State shall be given or appropri- ated for the benefit of any sectarian or religions society or institution. Sec. 4 The right of petition and of the people peaceably to assemble to coMsnlt for the common good and make known their opinions, shall never be abridged. Sec. •"). Every person may fieely speak, write and publish on all sub- jects, being responsible for the abuse of that riglit. In ail trials for libel, l)oth civil and criminal, the truth, when published with good motives and for jiistitiable ends, shall be sufficient defense. The jury siiall have the right to determine the fact and the law under the direction of the court. Sec. 6. The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the aniount in controversy, but the legis- lature may provide for a jury of less than twelve in any court not a court of I'ccord, and for the decision of civil cases b}' three-fourths of the jury in any court. Sec. 7. In all criminal prosecutions the accused shall have the right to defend m person and by counsel; to demand the nature and cause of the ac- cusation against iiim; to have a copy thereof; to meet the witnesses against him face to face; to liave compulsory process served for obtaining witnesses in ills behalf, and to a speedy pul)lic trial by an impartial jury of the county or district in which the offense is alleged to have been committed. Sec. 8. All persons shall be Ijailable by sufficient sureties, except for capital offenses when proof is evident or presumption great. The privilege i>f the writ of habeas corpus shall not be suspended, unless in case of rebel- lion or invasion, the public safety may require it. Sec. S). No person shall be compelled in any criminal case to give evi- dence against himself or be twice put in jeopardy for the same offense. Sec. 10. No person shall be held for a criminal offense unless on the pre- sentment or indictment of a grand jury, or information of the public prose- cutor, except in cases of impeachment, in cases cognizable by county courts, l)y justices of the peace, and ill cases arising in the army or navy or in the militia when in actual service in time of war or public danger; provided thai the grand jury may be modified or abolished by law. Sec. 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause supported by affidavit, particularly describing the place to be searched and the person or thing to be seized. Skc. 12. No ex post facto law, or law impairing the obligation of con- tracts or making any irrevocable grant of privilege, franchise or immunity, shall be passed. Sec. 1.'). Private property shall not be taken for public use or damaged without just compensation as deterinined bv a jury, which shall be paid as soon as it can be ascertained, and before possession is taken. No benefit which may accrue to the owner as the result of an improvement made byany private corporation, shall be considered in fixing tlie compensation for prop- city taken or damaged. The fee of land taken for railroad tracks or other highways siiall remain in such owners, sat)ject to the use for which it is taken. THE CONSTITUTION. Sec. 14, No distinction shall ever be made by law between resident aliens and (citizens, in reference to the possession, enjoyment or descent of property. ISec. 15. No person shall be imprisoned for debt arising out of or found- ed npon a contract . Sec. 16. The military siiail be in strict suboidination to the civil power. No soldier in time of peace shall be quartered in any house without consent of the owner, nor in time of war except in the manner prescribed bj' law. Sec. 17. No tax or duty shall be imposed without the consent of the peo- ple or their representatives in the legi-slature, ami all taxation shall he equal and uniform. Sec. 18. No law shall be pa.ssed granting to any citizen, class of citizens or corporation, privileges or immunities which upon the same terms siiall not equally belong to all citizens or corporations. Sec. 19. Elections shall l)e free and equal, and no power, civil or mil- itary, shall at any time intefere to prevent the free exercise of the right of suftrage. Soldiers in time of war may vote at their post of duty in or out f)f the State, under regulations to be prescribed by the legislature. Sec. 20. All courts shall be open, and every man for an injurv done him in his property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay. Sec. 21. No power ot suspending law shall be exercised, unless by the legislature or its authority. Sec. 22. No person shall be attainted of treason or felony by the legisla- ture. Sec. 2ii. Excessive bail shall not be required, excessive tines imposed, nor cruel punishments inflicted. Sec. 24. The right of the citizens to bear arms in defense of themselves and the State shall not be denied. Sec. 25. Treason against the State shall consist only in levying war against it, or In adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act or confession in open court. Sec. 26. All political power is inherent in the people and all free govern- ment is founded on their authority, and is instituted for their equal proter- tion and benefit, and they have the right in lawful and constituted metho going to and returning from the same. And no elector shall be obliged to do military duty on the days of elections, except in time of war or public dan- ger. Sec. 6. No elector shall be deemed to have lost his residence in this State by reason of his absence on business of the United States or of this State, or in the military or naval service of the United States. Sec. 7. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State inconsequence of l>eing sta- tioned therein. Sec. 8. No person under guardianship, non compos njentis or insane, shall be qualified to vote at any election, nor shall any person convicted of treason or felony be qualified to vote at any election unless restored to civil rights. Sec. 9. Any woman having the qualifications enumerated in section 1 of this article, as to age, residence and citizenship, and including those now qualified by the laws of the Territory, may vote at any election held solely for school purposes and may hold any office in this State, except as other- wise provided in this Constitution. .A.2^TICI-E: -viii. education and school lands. Section 1. The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the leg- islature to e stablish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and oppor- tunities of education. THE C0N8TIT UTI O N . Sec. 2. A.11 proceeds of the sale of public lands tliat iiave heretofore been or may hereafter be s^iven by the United States for the use of piil>lir scIkjoIs in the Suite; ali snch per centum as in ly be <^rantei.i by the Unileii States (jn the s:^des of pui»Hc lands; the proi-eeds of all property that sliail fall to tlie State by escheat; the proceeds of ali gifts or donations to the State for public schools or not otherwise appropriated by tlie terms of the j?ift; and all property otherwise acquired for public schools, shall be and remain a per- petual fund for the maintenance of public sclioois in the State. It shall be deemed a trust fund held by the State. The principal shall forever remain inviolate, and may be incretised, but shall never be diminished, and the State shall make good all losses thereof which may in any manner occur. Sec. o. The interest and income of this fund, together with the net pro- ceeds of all fines for violation of Statt laws and all other sums which may be addded thereto by law, sliall be faithfully used and applied each year for the benefit of the public schools of tlte State, and shall l)e for this purpose apportioned among and between all the several public school corporations of the State in proportion to the number of children in each, of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall everbe diverted, even temporarily, from this purpose or used for anv other purpose whatever than the maintenance of public schools for the equal benefit of all the people of the State, Sec. 4. After one year from the assembling of the first legislature, the lands granted to the State by the United States for the use of public schools may be sold upon the following conditions and no other: Not more than one-third of all such lands shall be sold within the first five years, and no more than two-thirds within the first fifteen years after the title thereto is vested in the State, and the legislature sliall, subject to the provisions of this article, provide for the sale of the same. The Commissioner of School and Public Lands, the State Auditor and the County Superintendent of Schools of the counties severally, shall consti- tute boards of appraisal and shall appraise alLschool lands within the several counties \\hich they may from time to time select and designate for sale, at their actual value under the terms of sale. They shall take care first to select and designate for sale the most valuable lands; and they sliall ascertain all such lands as may be of special and peculiar value, other tliau agricultural, and cause the proper subdivision of the same in order that the largest price may be obtained therefor. Sec. 5. No lands shall be sold for less than the appraised value and in no case for less than ten dollars an acre, unless after the year .\. D. nineteen hundred, two consecutive legislatures concur in a law otherwise directing. The purchaser shall pay one-fourth of the price in cash and the remainini' three-fourths as follows: One-fourth in five years, one-fourth in ten years, one-fourth in fifteen years, with interest thereon at the rate of not less than six per centum per annum, payable annually in advance; but all such subdi- vided lands may be sold for cash, provided that upon payment of the inter- est for one full 3'ear in advance, the balance of the purcliase price inav be paid at any time. All sales shall be at public auction to the highest bidder after sixty' days' advertisement of the same in a newspaper of general circu- lation in the vicinity of the lands to be sold, and one at the seat of govern- ment. Such lands as shall not have been especially subdivided shall be offered ■AS TliK COXSTITUTIOX. in tracts of iiDt more tliHti eijjhtj' acres, and those so snli(livi;led in tlie smallest subdivisions. All lands designated for sale not sold witliin four years . after appraisal, shall Ije reappraised bj'the board of appraisal as hereinbefore provided before they are sold. 8ec. 6. All sales shall be conducted through the office of the Commission- er of 8chool and Public Lands as may be prescribed bj' law, and returns of all appraisals and sales sliall be made to said office. No sale shall operate to convey any right or title to any lands for sixty days after the date thereof, nor until the same shall have received the approval of the Governor in such form as may be provided by law. No grant or patent f(jr any such lands shall issue until final payment be made. Sec. 7. All lands, money or other property donatetl, granted or receive apportioned to any coujity, such county shall make tlie same fjood out of its conunon revenue. Counties shall invest said moneys in bonds of sciiool corporations, or in first mortgages upon good improveii farm lands witliin their limits respectively ; but no farui loan shall exceed five hun- dred dollars to any one person, nor shall it exceed one-half tiie valuation of the lands as assessed for taxation, and the rate of interest shall not be less than six per centum per annum, and shall be such other ajid higher rates as the legislature may provide, and shall be payable semi-annually on the first days of January and July; provided, that whenever there are moneys of said funds in any county amounting to one thousand dollars that cannot be loaned according to the provisions of this section and any law pursuant thereto, the said sum may be returned to the State treasurer to be entrusted to some other count.v or counties, or otherwise invested under the provisions of this section. Each county shall semi-annually, on the first days of Januar\' and July, render an account of the condition of the funds intrusted to it, to the auditor of the State, and at the same time pay toT)r account to the State treasurer for the interest due on all funds entrusted to it. The legislature may provide bj' general law that counties may retain from interest collected in excess of six per centuai per annum upon all said funds intrusted to them, not to exceed one per centum per animm. But no county shall be exempted from the ol)ligation to make semi-annual payments to the State treasury of interest at the rate provided by law for said loans, except only said one per centum; and in no case shall the interest so to be paid be less than six per centum per annum. The legislature shall provide by law for the safe investment oftne ])er- manent school and other educational funds, and for the prompt collection of interest and income thereof, and to carry out the objects and provisions of this section. Sec. 12. The Governor maj' disapprove any sale, lease or investment other than such as are intrusted to the counties. Sec. 13. All losses to the permanent school or othej- educational funds of this State which shall have been occasioned by the defalcation, negligence, mis-management or fraud of the agents or officers controlling and managing the same, shall be audited by the proper authorities of the State. The amount so audited sliall be a permanent funded debt against the State in favor of the fund sustaining the loss upon which not less than six per centum of annual interest shall be paid. The amount of in Jebtediiess so created shall not be counted as a part of tlie indebtedness mentioned in article XIII, section 2. Sec. 14. The legislature shall provide b\' law for ttie protection of the school lands from trespass, or unlawful appropiiation, and for their defense against all unauthorized claims or efforts to divert them from the school fund. 40 THE CONSTITUTION. Sec. 15. The legislature shall make such provisions by general taxation, and by autboriziinr the school corporations to levy such additional taxes, as with the income from the permanent school fund shall secure a thorough ans, having due regard for congressional township lines and natural boundaries, and whenever the poinilation is sntficient and the natural boundaries will permit, the civil townsbiits shall be co-extensive with the congressional townshijis. Spjc. 5. In each organized (•onnty at the titst general election held after THE CONSTITUTION. 41 the admission of the State of Dakota into the Union, and every two years thereafter, there shall be elected a clerk of the court, sheriff, county auditor, register of deeds, tr^easurer. State's attorney, surveyor, coroner and superin- tendent of schools, whose terms of office respectively siiall be two years, and except the clerk of the court, no person shall be eligible for more than four years in succession to any of the above named offices. Sec. 6. The legislature shall provide by general law for such county, township and district officers as may be deemed necessary, and shall pre scribe the duties and compensation of all county, township and district of- ficers. Sec. 7. All county, township and district officers shall be electors in the county, township or district in which they are elected, provided that nothing sn this section shall prevent the holding of school offices by any person, as provided in section 9, article VII. MUNICIPAL CORPORATIONS. Section 1. The legislature shall provide by general laws for the organiza- tion and classification of municipal corporations. The number of such classes shall not exceed four, and the powers of eaL;h class shall be defined by geii' •eral laws, so that no such corporations shall have any powers or be subject to any restrictions other than all corporations of the same class. The legisla- ture shall restrict the power of such corporations to levy taxes and assess- ments, borrow money and contract debts, so as to prevent the abuse of such power. Sec. 2. P^xcept as otherwise provided in this Constitution, no tax or as- sessment shall he levied or collected or debts contracted b}^ municipal corpo- rations, except in pursuance of law, for public purposes specified by law; nor shall money raised b}' taxation, loan or assessment, for one purpose, ever be diverted to any other. Sec. 3. No street passenger railway or telegraph or telephone line shall be constructed within the limits of any village, town or city without flie con- sent of its local authorities. REVENUE AND FINANCE. Section 1. The legislature shall provide for an annual tax, sufficient to defray the estimated ordinarj' expenses of the State for each year, not to ex- ceed in any one j'ear two mills on each dollar of the assessed valuation of all taxable property in the State, to be ascertained by the last assessment made for State and county purposes. And whenever it shall appear that such ordi- nary expenses shall exceed the income of the State for such year, the legis- lature shall provide for levying a tax for the ensuing year sufficient with other resources of income to pay the deficiency of the preceding year, together with the estimated expenses of such ensuing year. And for the purpose of paying the public debt, the legislature shall provide for levying a tax annu- ally, sufficient to pay the annual interest and the principal of such debt with- in ten years from the final passage of the law creating the debt, provided that tlie annual tax for the payment of the interest and principal of the pub- lic debt shall not exceed in any one year two mills on each dollar of the as- sessed valuation of all taxable property in the State as ascertained by the last assessment made for State and county^ purposes. 42 TIIF, CONSTITUTION. Sec. 2. All taxes to be raised in this State shall be uniform on all real and personal property, according to its value in money, to be ascertained by such rules of appraisement and assessment as may be prescribed by the leg- islature by general law, so that every person and corporation shall pay a tax in proportion to the value of liis, her or its property. And the legislature shall provide by general law for the assessing and levying of taxes on all cor- poration property, as near as may be by the same methods as are provided for the assessing and levying of taxes on individual property. Sec. 3. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party. Sec. 4. The legislature shall provide for taxing all moneys, credits, in- vestments in bonds, stocks, joint stock companies, or otherwise; and also for taxing the notes and bills discounted or purchased, moneys loaned and all other property, effects or dues of every description, of all banks and of all bankers, so that all property employed in banking shall always be subject to a taxation equal to that imposed on the property of individuals. Sec. 5. Tiie property of the United States and of the State, county and municipal corporations, both real and personal, shall be' exempt from tax- ation. Sec. 6. The legislature shall, by general law, exempt from taxiition property used exclusively for agricultural and horticultural societies, for schools, religious, cemetery and charitable pur})oses, and personal prni)erty to any amount not exceeding in value two hundred dollars for each individ- ual liable to taxation. Sec. 7. All laws exempting property from taxation other than that enumerated in sections 5 and 6 of this article, shall be void. Sec. 8. No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same, to which the tax only shall be ap- plied. Sec! 9. All taxes levied and collected for State purposes, shall be paid into the State treasury. No indebtedness shall be incurred or money expend- ed by the State,and no warrants shall^be drawn upon the State treasury except in pursuance of an appropriation for the specilic purpose first made. The legislature shall provide by suitable enactment for carrying this section into effect. Sec. 10. The legislature may vest the corporate authority of cities, towns and villages with power to make local improvements by special taxation of contiguous property or otherwise. For all corporate purposes, all niunicipid corporations may be vested with authority to assess and collect taxes; hut such tax shall be uniform in respect to persons and property within the juris- diction of the body levying the same. Sec. 11. The making of profit, directly or indirectly, out of the State, county, city, town or school district money, or using the same for any pur- pose not authorized by law, shall be deemed a felony and shall be punisiied as provided by law. Sec. 12. An accurate statement of the receipts and expenditure- <•(■ the public moneys shall be published annually, in such manner as the legislature may provide. THE (X)NSTITUTION. 43 PUBLIC ACCOUNTS AND EXPENDITURES. Section 1. Xo money sliall be paid out of the treasury except upon ap- propriation by law and on warrant drawn by the proper officer. Sec. 2. The general appropriation bill shall embrace nothing but appro- priations for ordinary expenses of the executive, legislative and judicial de- partments of the State, the current expenses of State institutions, interest on pnblic del>t and for common schools. Ml other appropriations shall be made by separate bill.s, each embracing but one object, and shall require a two-thirds vote of all the members of each branch of the legislature. Sec. o. The legislature shall never grant any extra compensation to any pnblic officer, employe, agent or contractor after the services shall have been rendered or tiie contract entered into, nor authorize the payment of any <:lainis or part there)f created against the State, under any agreement or con- tract made without e.^cpress a,uth ority of I uv, anl all such uniathorized agree- ments or contracts shall be null and void; nor shall the compensation of any public officer be increased or diminished daring his tern\ of office; provided, liowever, that the legislatuie may make appropriations for expenditures in- ouri-ed in suppressing insurrection or repelling invasion. Sec. 4. An itemized statement of all receipts and expenditures of the public moneys shall be published annually in such manner as the legislature shall provide, and su(!h statement shall be submitted to the legislature at the beginning of each regular session by the Governor with his message. PUBLIC INDEBTEDNE.SS. Section 1. Neither the State nor any county, township or municipality sliall loan or give its credit or make donations to or in aid of any individual, association or corporation except for the necessary support of the poor, nor subscril)e to or become the owner of the capital stock of any association or corporation, pay or become responsible for the debt or liability of any indi- vidual, .association or corporation ; provided, that the State may assume or pay such debt or liabdity wlien incurred in time of war for the defense of the State. Xor shall the State engage in any work of internal improvement. Sfc. 2. For the purpose of defrajdng extraordinary expenses and mak- ing public improvements, or to meet casual deficits of failure in revenue, the State may contract debts never to exceed with previous debts" in the aggre- gate $500,000, and no greater, indebtedness shall be incurred except for the purpose of repelling invasion, suppressing insurrection, or defending the State or the United States in war, and provision shall be made by law for the payment of the interest annually, and the principal when due, by tax levied for the purpose, or from other sources of revenue; which law providing for the payment of such interest and principal Ijy such tax or otherwise, shall be irrepealable until such debt is paid. Sec. ;->. The debt of any county, city, town, school district, or other sub- division, shall never exceed fivepercentum upon the assessed value of the taxal)le property therein. In estimating the amount of indebtedness which a municipality or subdivision maj- incur, the amount of indebtedness con- tracted prior to the adoption of this Constitution shall be included. Skc. 4. Any city, county, town, school district or any other subdivision 44 THE CONSTITUTiaK". incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annifal tax sufficient to pay tlie interest and also the principal thereof when diie, and all laws or ordinances providing for the pay- ment of tlie inter est or principal of any del>t shall l>e irre)>ealab'le until such debt be paid. Sec. 5. Consent is given that congress n>ay make such pro\ision for the payment by this State of the existing iridebtedness of the Territory of Dako- ta as it shall deem just and equitable, and this State Bltall assume and pay st>- much thereof as congress may provide. a STATE INSTITUTIONS. Section 1. The charitable and penal institutio-ns of tl>e State of Dakotii shall consist of a penitentiary, insane hospitable, a sehoo'l for the deaf ami dumb, a school for the blind and a reform school, Sec. 2. The State institutions provided for in the preceding section siiali- be under the control of a State Board of Charities and Corrections, under such rules and restrictions as the legislature shall provide; such board to con- sist of not to exceed live members, to be appointed by the Governor anti confirmed by the senate, and whose compensation shall be fixed by law. Sec. 3. The State university, the agricultural college, the normal schools and other educational institutions that may be sustained either wholly or in part by the State shall i>e under the control of a l>oard of nine members, ap- pointed by the Governor and confirmed by tiie senate, to be designated the regents of education. They, shall hold their office for sis years, three retiring; every second year. The regents in connection with the faculty of each institution shall fix the course of study in the same. The compensation of the regents shall be fixed by the legislature. Sec. 4. The regents shall appoint a board of five members for each in- stitution under their control, to be designated the board of trustees. They shall hold office for five years, one member retiring annually. The trustees of each institution shall appoint the faculty of the same, and shall provide for the current management of the institution, but all appointments and re- movals must have the approval of the regents to be valid. The trustees of the several institutions shall receive no compensation for their services but they shall be reimbursed for all expenses incurred in the discharge of their duties, upon presenting an itemized account of the same to the proper offi- cer. Each board of trustees at its first meeting shall decide by lot the order in which its members shall retire from office. Sec. 5. The legislature shall provide that the science of mining and met- allurgy be taught in at least one institution of learning under the patronage of the State. MILITIA. Section 1. The militia of the State of Dakota shall consist of all able- bodied male persons residing in the State, between the ages of eighteen and forty-five years, except such persons as now are, or hereafter may be, ex- empted by the laws of the United States or of this State. Sec. 2. The legislature shall provide by law for the enrollment, uniform- ing, equipment and discipline of the militia and the establishment of volun- THE CONSTITUTION. 45 teers and sucli other organizations, or Doth, as may be deemed necessary for the protection of the State, tlie preservation of order and the efficiency and <;ood of the service. Sec. 3. The legislature, in providing for the organization of the militia, shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States. Sec. 4. All militia officers shall be commissioned by the Governor, and may hold their commissions for such period of time as the legislature may provide, subject to removal by the Governor for cause, to be first ascertained by a court-martial, pursuant to law. Sec, 5. Tiie militia shall in all cases, except treason, felony or breach of the peace, he privileged from arrest during their attendance at muster and elections, and in going to and returning from the same. Sec. 6. All military records, banners and relics of the State, except when in lawful use, shall be preserved in the office of the Adjutant Genei-al, as an endhring inemotial of the patriotism and valor of Dakota; and it shall be the duty of tiie legislature to provide b}' law for the safe keeping of the same. Sec. J. No person having conscientious scruples against bearing arms rshall be compelled to do military duty in time of peace. IMPEACHMENT AND REMOVAL FROM OFFICE. Section 1.. The bouse of representatives shall have the sole power of im- peachment. The concurrence of a majority of all members elected shall be necessar\^ to an impeachment. Sec. 2. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation to do justice ac- cording to law and evidence. No person shall be convicted without the con- currence of two-thirds of the members elected. When the Governor or Lieu- tenant Governor is on trial, the prtJsiding judge of the Supreme Court shall presiile. Sec. 3. The Governor and other State and judicial officers, except county judges, justices of the peace and police iwagistratcs, shall be liable toimpeach- ment for drunkenness, crimes, corruot conduct or malfeasance or misde- meanor in office, hut judgmentin such cases shall not extend further than to removal from office and disqualificatiou to hold any office of trust or profit under the State. The person accused, whether convicted or acquitted, shall neverthelciss be liable to indictment, trial, judgment and punishment accord- ing to law. Sec. -i. All officers not liable to impeachment shall be subject to re- moval for misconduct, malfeasance, crime or misdemeanor in office, or for' drunkenness or gross incompetency in such manner as may be provided by law. Sec. 5. No officer shall exercise the duties of his office after he shall have been impeaclied and before his acquittal. Sec. 6. On trial of an impeachment against the Governor, the Lieuten- ant Governor shall not act as a member of the court. Sec. 7. No person shall be tried on impeachment before he shall have been served with a copv tiiereof at least twenty days previous to the daj' set for trial. 46 THE C0N8TITITTI0N. Sec. 8. No person shall be liable to iiui)eachiueiit twice for the same offense. CORPORATIONS. Skction 1. No corporation shall l>e created or iiave its charier extended,, chanjied or amended by special laws except those for charital>le, educational- penal or reformatory purposes, whicli are to l>e and remain under the pat- ronage and control of the State; but the legislature shall provide by general laws for the organization of all corporations hereafter to be createe con- strued to include all joint stock companies or associations having any of the powers or privileges of corporations not possessed by individuals or partner- ships. BANKING AND CURRENCY Section 1. If a general banking law shall be enacted it shall provide for the registry and countersigning by an otlicer of this State of all bills or paper credit designed to circulate as money, and require securit}' to the full amount thereof, to be deposited with the State Treasurer, in the approved securities of the State or of the United States, to be rated at ten per cent below their par value, and in case of their depreciation the deficiency shall be made good by depositing additional securities. Sec. 2. Every bank, banking coinpanv or corporation shall be required to cease all banking operations within twenty years from the time of its or- ganization, and piomptly thereafter close its business, but shall have corpo- rate capacity to sue or be sued until its business is fully closed; but the legis- lature may provide by general law for the reorganization of such banks. Sec. 3. The shareholders or stockholders of any banking corporation shall be held individually responsible and liable for all contracts, debts and engagements of sucli corporation to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares or stock; and such individual liability shall continue for one year after any transfer or sale of stock by any stockholder or stockholders. CONGRE^>SIONAL AND LEGISLATIVE APPORTIONMENT. Section 1. Until otherwise provided by law, the members of the hou.se of representatives of the United States apportioned to this State shall be elected by the State at large. Sec. 2. Until otherwise provided by law, the senatorial and representa- tive districts shall be formed, and the senators and representatives shall be apportioned, as follows: THE CONSTITUTION. 49 SKNATOKIAI, 1HSTKICT8. District No. 1 Khali consist of the county of Union and be entitled to one senator. District No. 2 shall consist of the county of Clay and be entitled to ont^ senator. District No. :} shall consist of the county of Yankton and be entitled to one senator. District No. 4 slmll consist of the county of Bon Homme and be entitled to one senator. District No. 5 shall consist of the county of Lincoln and be entitled to one senator. District No. 6 shall consist of the county of Tnrnerand be entitled to one senator. District No. 7 shall consist of the county of Hutchinson and be entitled to one senator. District No. 8 shfdl consist of the counties of Douj?las and Charles Mix and be entitled to one senator. District No. !> shall consist of the county of Minnehaha and be entitled to two senators. District No. 10 shall consist of the county of Brule and be entitled to one senator. District No. 11 shall consist of the counties of Aurora and Jerauld and be entitled to one senator. District No. 12 shall consist of the county of Davison and be entitled to one senator. District No. lo shall consist of the counties of McCook and Hanson and be entitled to one senator. District No. 14 shall consist of the counties of Moody and I^ake and be entitled to one senator. District No. 15 shall consist of the counties of Sanborn and Miner and be entitled to one senator. District No. 16 shall consist of the county of Brookings and be entitled to one senator. District No. 17 shall consist of the county of Kingsbury and be entitled to one senator. District No. 18 shall consist of the county of Beadle and be entitled to one senator. District No. 19 shall consist of the counties of Hand and Buffalo and be entitled to one senator. District No. 20 shall consist of the counties of Codington and Deuel and be entitled to one senator. District No. 21 shall consist of the counties of Clark and Hamlin and be entitled to one senator. District No. 22 shall consist of the counties of Grant and Roberts and the territory north thereof and south of the 4<)th parallel and be entitled to one senator. District No. 23 shall consist of the counties of Marshall and Day and the territory north thereof and south of the 46th parallel and be entitled to one senator. ."jO THE CONSTITUTION. District No. 24 shall consist of the count}' of Spink and be entitled to one senator. District Xo. 25 shall consist rth thereof and south ot the 4'>tli parallel and be entitled to one senator. District No. 27 shall consist of the couutiesof NVahvorth. Potter, Hnllv and rani})beU and the territory north tliereof andsouth of tlie 40th ])arallel au'I he entitled to one senator. District No. 28 shall consist of the counties of Hyde and Hughes and l)e entitled to one .senator. Di.strict No. 29 shall consist of ti»e counties of Lawrence ami Butte an;ivison ami he eiititlci! to one representative. District No. 14 shall consist of the countv of Aurora and be entitled to two representatives. District No. 15 shall consist of the county of Brule and be entitled to three representatives. District No. 16 shall consist of lin- county of Moody and be entitled to two representatives. ^cB THE CONSTITUriON. r>l Distiict No. 17 sha]j consist of the toiuity of T^ike and be entitled to two representatives. District No. 18 sliall consist oftlic county of Miner and be eiititled to two representatives. District No. lU shall run.sist of tbe county of iSunborn and be entitled to two representatives. District No. 2(» shall consist of the county of Jerauld and be entitled to one representative. District No. 21 shall consist of the county of Brookings and be entitled to three reytresentatives. District No. 22 shall consist of the county of Kingsbury and be entitled to two representatives. District No. 2::» shall consist of the county i>f Beadle and be entitled to five representatives. District No. 24 shall consist of the counties of Hand and Buffalo and be en- titled to three representatives. District No. 2o shall consist of the county of Hyde and be entitled to one representative. District No. 2t> shall consist of the county of Hughes and be entitled to two representatives. District No. 27 shall consist of the county of ►Sully and be entitled to one representative. District No. 28 shall consist of the countv of Deuel and be entitled to two representatives. District No. 20 shall consist of the county of Grant and be entitled to two representatives. District No. 30 shall consist of the county of Roberts and the territorv north thereof and south of the 46th parallel and be entitled to one represen- tative. District No. 31 shall consist of the county of Hamlin and be entitled to one representative. District No. 32 shall consist of the county of Codington and be entitled to two representatives. District No. 33 shall consist of the county of Clark and be entitled to two representatives. District No. 34 shall consist of the county of vSpink and be entitled to five representatives. District No. 35 shall consist of the county of Faulk and be entitled to one representative. District No. 36 shall consist of the c»»unty of Potter and be entitle*! to one representative. District No. 37 shall consist of the county of Marshall and the territorv north thereof and south of tlie 4<>th parallel and be entitled to one represen- tative. District No. 38 shall consist of the county of Day and be entitled to two representatives. Distiict No. 39 shall consist of the county of Brown and the territo]\- north thereof and south of the 46th parallel and be entitled to four represen- tatives. 52 THE CONSTITUTION. District No. 40 shall consist of tin; roanty of PMri)uii. Should no phice voted for at said flection have a majority of all votes cast upon this (juestion, the Governor shall issue his )>roclama- tion for an election to be held in the same manner at tlie next general elec- tion to choose between the two places havin^g received the higiiest nuHd)er of votes cast at the first election on tins question. This election shall l>e con- ducted in the same manner as the first election for the permanent seat of government, and the jdace receiving the majority of all votes cast upon this question shall be the jiermanent seat of govcrnimTit. .A.I^■rICXJE 22:25:1. MISCELLANEOUS. Sectio.v 1. Seal and Coat of Ar.ms. — The design of the great seal shall be as follows: A circle within which shall appear in tlie left foreground a smelt- ing furnace and other pictures of mining work. In the left backirround a ratige of hills. In the right foreground a farmer at his plow. In the right background a herd of cattle and a field of corn. Between tlie two parts thus flescribed shall appear a river bearing a steamijoat. Properly divided be- tween the iii)})er and lowiT edges of the circle shall appear the legend, "liidcr .salary of two thousand dollars: )irovided that the legislature may, after iie year one thousand, eiaht hundred and ninety, increase the annual salary of the Governor and each of the judges of the Supreme Court to three tliousand dollars, and the annual salary of each of the circuit judges to two thousand five hundi"ed dollars. The Secretary of State, State Treasurer and State Auditor shall each re* e imposed by the State on lands or property therein be- longing to, or which may hereafter be purchased by the United States. AMENDMENTS AND KEVlfvIONS OF THE CONSTITUTION. cECTioN 1. Any amendment or amendments to tiiis Constiliitioji may be proposed in either house of the legislature, and if the same shall be agreed to by a majority of the memL>ers elected to each of the two houses, such propos- ed amendn>ent or amendments shall be entered on their Journals, with tlie yeas and nays taken thereon, and it shall be the duty of the legislature to sub- mit such proposed amendment or amendments to the voteoftl>e people at the next general election. And if the people shall approve and ratify such amendment oramendnients by a majority of the electors voting thereon, such amendment or amendments shall become a part of this Constitution, provid- ed, that the amendment or amendments so pro|>osed shall be published for a period of twelve weeks previous to the date of said election, in such manner as the legislature may provide; and in-ovided fvirther, that if more than one amendment be submitted the\' shall be submitted in such manner that the people may vote for or against such amendments separately. Sec. 2. Whenever two-tbirds of tjje members elected to each branch of the legislature shall, think it necessary to call a Convention to revise this- Constitution they shall recommend to the electors to vote at the next elec- tion for members of the Itgislature, for or against a Convention; and if a majority of ail tiie electors voting at said election shall have voted for a Con- vention, the legislature shall, at their next session, provide bylaw for calling the same. The Convention shall consist of as many members as the house of representatives and shall be chosen in the same manner, and shall meet within three months after their election for the purpose aforesaid. PROHIBITION. [To be submitted to a separate vote as provided by the schedule and or- dinance.] No person or corporation shall manufacture, or aid in the manufacture for sale, any intoxicating liquor; no person shall sell or keep for sale as a bev- erage anj' intoxicating liquor. The legislature shall by law prescribe regula- tions for the enforcement of the provisions of this section and provide suit- able and adequate penalties for the violation thereof. MINORITY REPKESENTATION. [To be submitted to a separate vote as provided by the schedule and or- dinance.] Section 1. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives shall be elected in each senatorial district at the first general election held after this Constitution takes effect, and every two years thereafter. Sec. 2. In all elections of representatives aforesaid, each qualified voter may cast as many votea for one candidate as there are representatives THE CONSTITUTION. 55 to lie elected, or may distribute the same, or equal parts thereof, among the candidates as he shall see fit; and the candidates highest in votes shall be de- clared elected. Section L That no inconvenience maj' arise from a change of the Ter- ritorial government to a permanent State government, it is declared that all writs, actions, prosecutions, claims and rights of individuals, and all 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 de- partment undei- this Constitution, be issued under the authority of the Terri- tory of Dakota, shall be as valid as if issued in the name of the State. Sec. 2. Ail laws now in force in the Territory of Dakota, which are not re- pugnant to this Constitution, shall remain in force until they expire by their own limitation or be altered or repealed by the legislature. Sec. ;>. All fines, penalties, forfeitures and escheats accruing to the Terri- tory of Dakota, shall accrue to the use of the State. Sec. 4. All recognizances, bonds, obligations or other undertakings heretofore taken, or which may be taken before the organization of the jufiicial department under this Constitution, shall remain valid and shall pass over to and may bo prosecuted in the name of the State; and all bonds, obli- gations or other undertaking executed by this Territory, or to any offioer in his olHcial capacity, shall pass over to the proper State authoiit}^ and to their successors in ofiice, for the uses therein respectively expressed, and may be oued 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. Sec. 5. All officers, civil and military, now holding tiieir 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 superseded under this Constitution. Sec. (). The first meeting of the legislature shall be held at such time and place as shall be selected under the provisions of this Constitution and Ordinance and Schedule. Sec. 7. The legislature elected under the provisions of this Ordinance, shall assemble at the place fixed l\v this Schedule and Ordinance on the sec- ond Monday in December, in the year of our Lord one thousand eight hun- dred and eighty-five; and on the first day of their assemblage the Governor and other State officers shall take the oath of office in the presence of tlie legislature. The oath of office shall be administered to the senators and rep- resentatives of the legislature, and to the State officers by the Chief Justice of tlie Territory, or by the President of the State Executive Committee, or by any ofticer duly authorized by the laws of the Territory to administer oaths. Sec. 8. Immediately after the organization of the legislature and the qualification under oath of the State officers, both houses of the legislature shall then and there' proceed to elect two senators of the United States, for the State of Dakota. At said election the two persons who shall receive the majority of all the votes cast by said senators ane signed by the Goveriwr and attested by the Secretary' of State. Sec. 9. This Constitution sball be submitted for adoption or rejection, to' a vote of the electors^ qualified by the lasvs of this Ten-itory to vote at al?. elections, at the election to be held on the Tuesday next after the first Mon- day in November, A. I>. 1885'. At the s-aid election the Isallots shall be in. the following form : For the Constitution: Yes, No, For Prohibition: Yes. No. For Minority Representation: Yes. No. And as a heading to each of said ballots shall be printed O'n each ballot the following instructions to voters: All persons desiring to vote for the Constitution, or any of the articles sub- mitted to a separate vote, n>ay erase the word "no." All persons who desire to vote against the Constitiition, or against any ar- ticle submitted separately, may erase the word "yes." Any person may have printed or written on bis ballot only the words "for the Constitution" or "against the Constitution," and such ballots shall he- counted for or against the Constitution accordingly. The same provision shaH apply toarticles submitted separately. In addition to the foregoing election for tije Constitution, and for the arti- cles submitted by this Convention for a separate vote thereon, an election shall be held at the same time and places, by the said qaalitied electors, for the following State officers, to be voted for on the samw ballot as is above pro- vided for votes on the Constitution and separate articles, to wit: A Governor, a Lieutenant Governor and all other State and JHdicial officers which are pro- vided for in this Constitution. At the same time and places of election, there shall be held an election, by the said qualified electors, within their respective districts for representa- tives and senators for the State legislature, and for two representatives in congress. All the aforesaid elections above provided for, shall be held in the same manner and form as provided for the election for the adoption or rejection of the Constitution. And the names of all such officers above specified, to be voted for at such election, shall be written or printed upon the same ballots as the vote for or against the Constitution. The judges of elections in counting tlie Ijallots voted at said election, shall count all the affirmative ballots upon the Constitution as votes for the Consti- tution; and they shall count all the negative ballots voted at said election up- on the Constitution, as votes against the Constitution; and ballots voted at said election upon which neither of said words, yes or no, following the words "for the Constitution" are erased, shall not be counted upon such proposition. And they shall count all affirmative ballots so voted upon the article on prohibition, separately submitted, as votes for such article. And they shall count all neg- ative ballots so voted upon such article, as votes against such article. And ballots upon which neither of the words, yes or no, following the words "for T H E ( ON STITUT [ ON . prohibition'" are erased sliall not be counted upon such proposition. And the}' sliall count all affirmative ballots so voted upon the aiticle on ninioritv representation, separately submitted, as votes for such article. And they shall count all negative ballots so voted upon such article, as votes against such article. And ballots upon which neither of said words, yes or no, follow- ing the words "for minority representation" are erased, shall not be count- ed upon such proposition. If it sliall appear, in accordaiue with tlie returns hereinaCler provided for, that a majority of the votes polled at such election, for and against the Constitution, are for tlie Constitution, then this Constitution shall be the Constitution of the State of Dakota. If it shall appear, according to the re- turns hereinafter provided for, that a majority of all the votes cast at said elec- tion for and against "prohibition" are for prohibition, then said article XXIV shall be and form a part of this Constitution, and be in full force and effect as such from the date of said election. But if a majority of said votes shall appear, according to said returns, to be against prohibition, then article XXIV shall be null and void and shall not be a part of this Constitution. And if it shall appear according to the returns hereinafter provided for. thata majority of all the votes cast at said election for and against minority representation are for minority representation, tiien article XXV shall be and form a part of said Constitution, and be in full force and effect as such from the date of sa!e null and void and shall not be a part of this Constitution. At such election the penson voted for, for any one of the offices to be tilled at such election, who shall receive the highest number of votes cast at said elec- tion, shall be declared elected to said office. (Sec. 10. At the same time and places of election there shall be held b\' said qualified electors an election for the place of meeting for the first legisla- ture and for the temporary seat of government. On each ballot, and on the same ballot on which are the matters voted for or against, as hereinbefore provided, shall be written or printed the words '■for temporary seat of government." (Here insert the name of tlie city, town or place to be voted for.) And upon the canvass and return of the votes made, as hereinafter pro- vided for, the name of the city, town or place which shall have received the largest number of votes for said temporary seat of government, shall be declar- ed by the State Executive Committee, together with the whole number of votes cast for each city, town or place. And the State Executive Committee siiall immediately after the result of said election shall have been ascertained, issue a pi-oclamation directing the legislature elected at said election to assemble at said city, town or place so elected, on the day fixed by this Schedule and Or- dinance. Sec. 11. There shall be elected by this Convention as soon as possible af- ter the adoption of this Schedule and Ordinance a State Executive Commit- tee, consisting of seven members, and the persons thus elected are o8 THE CONSTITUTION. II. J. Campbell, Jo.sepli K. Iliuison, E. P. Beebe, S. G. Uptlykf, John Cain, J. A. Ward, A. J. Siininuns; one of wlioin, to wit, Hugh J. Campbell, who is elected by tlii.s Convention as .such, .shall be ['resident of the State Executive Committee. Said Stale Executive Committee shall exercise the powers and pdiform the duties hereinafter conferred u})on it and shall continue in ottice until the assemblinj^ and organization ol the State legislature. The State Ex- ecutive Committee herein provided for sliall meet and organize in the city of Sioux Falls immediately and itefore this Convention siiall adjourn, by the elec- tion of a Secretary and such oliier olficers, excepting President, as maybe necessary . Sec. 12. Said Stale l^xecnlive Comunttee shall have full j'ower to do and perform all things necessary to ihe carrying into ellect ol the piuvisioiisof ttiis Schedule and Ortlinance with regard to elections, and to tliiseud lliey shall have full power to make all necessary lules and I'egulalions lorsuch pur- pose; they shall make and issue instrnciions and regulations with regard to the details not herein provided for, or not proviiled lor by law, as to the elec- tions lield in pursuance of this Schedule and Ordinance. Tiiey shall have pow- er to till all vacancies in iheir own number, and tliey may in case of necessity call an adjourned meeting ol' this Convention; they shall fix their own times and places of meetiiiir, and three members shall constitute a quorum, with power to transact busino.i. Any membei- may in writing delegate Ijis power to act on tlie committee to anotiier member thereof. Skc. \'o. Shoukl this (.JonsLituiiuii be adopted and ratitied by the votes of the people at the election ordeied by this Ordinuiice, the .State Executive Committee shall be vested with full power and autborily to ilo and perform all things neces.sary to carry oul the object!? ol ibi.s Con venlion. They shall make all nece.s.sary anangements fur rooms for the legislature and for the inauguration of the Slate Government. Sec. 14. Said committee shall have power to piovide ilie neces.>^ary fiuuis to defray all necessary expen^es connected uith the perlormance of their duties and to issue certiticaies theiefor. But an itenuzed account uf all such expenses, sworn to by the Pi-esitlent and Secretaiy of the committee shall be presented by them, to the legidalure at its first meeting, and the legislature shall provide for the pa\ njeiil of ^.j much llicreol as Lliey shall lind to have been properly and necessai'ily exiiended in the due performance, of their duties. Sec. 15. The election provided for herein shall be conducted in all re- spects as electioiis are under the general laws of tlie Territory. TIm' Tresident of the .State Executive C\ law. 'fhc election precincts and jvilling places shall be the same as now judvided by law lor the general election. The judges and clerks of election lor said election shall be appointed in the manner now prescribed by, law. ISut in case for anv reason the said jud.'es ami clerks of election are not THE CONfJTITUTION. 59 appointed tis above provided, or iv case of tlie refusal, neglect or inability to act of said judges or clerks of election in the election herein piovideu for, tlie qualified electors present at the polls maj' elect said judj?es and clerks of elec- tion. No njere technicality or informality in the manner or form of the elec- tion, or neglect of any officer to perform his duty with regard thereto, shall be deemed td vitiate or avoid the same, it, being the true intent and object of this ordinance to ascertain and give effect to the true will of the . people of the State of Dakota as expressed by their votes at the polls. Sec. 16. The President of the Stale Executive Committee shall appoint in eacii county a county board, consisting of three members, which county board shali have and exercise the powers and duties prescribed by this Sched- ule and Ordinance. Sec. 17. The judges and clerks ofelectit)n herein provided for, siiall have authority to do and perform ail things with regard to said elections that are now required by law of such judges and clerks at general elections, and the canvass and return of the votes shall be in the manner and form now requir- ed by law in the case of genera! elections, or as provided herein. Sec. 18. Immediately after the election herein provided for, the judges of election at eaidi vol int;- place shall make a true and complete count of all the votes duly cast at such election, and shall certify and return the result of the same, with the names of all the candidates and the number of votes cast for each candidate, and the number of votes cast for and against the L'onstitu. tion, and the number of votes cast for and against prohibition, and tiie num- ber of votes cast for and against minority representation, and the number of votes cast for each city, town or place, as the ''temporary seat of government," to the board of county canvassers of election, provided for by law, of their re- spective counties, and to the county boards provided by tliis Schedule and Ordinance, jointly, together with all the ballots, poll lists and election books used in said election. Sec. 19. Within ten days after such election the several boaids of county canvassers provided by law for the canvassing of the results of elections, and the several county boards provided for by this Schedule and Ordinance, of their several counties, shall either or both make and certify under oath, to the President of the State Executive Committee a true and honest return of the total number of votes cast for the Constitution, and against the Constitu- tion, of the number of votes cast for and against "prohibition," and the num- ber of votes cast for and against "minority representation," and the number of votes cast for each city, town or place as the "temporary seat of govern- ment," and of the number of votes cast for each person voted for at such elec- tion, and shall transmit the same to the President of the State Executive Com- mittee by mail, and shall file for record a duplicate and certified copy of said return with the county clerk of said county. Sec. 20. The President of the State Executive Committee shall receive all returns of the election transmitted to him as above provided, and shall preserve the same. Within twenty days after said election the President of said State Executive committee, together with such members of said commit- tee as may assemble with him, and with the secretary of the Territory, the chief justice of the Territory, if they will so act, and with such other officers of tlie Territory as he may associate with him who shall consent to act, shal (!0 THE CONSTITUTION. ranvass ami ctjinpile the certilit^ates and retnrnsof su(;li elections, and shall therehy ascertain tlie total number of votes cast at such election, the total number of votes cast for the Constitution and a^iinst the Constitution, the total number of votes cast for and against "prohibition," and the total number of votes cast for and ajri'inst "minority representation," and the total number of votes cast for each city, town or place as the "temporary seat of govern- ment," and the total number of votes e-ast for each person voted for, for any office at the said election, and shall declare the result of said election in con- formitv with such vote and shall make proclamation thereof in the newspa- pers of the Territory. They shall also makeand certify alist of votesso cast for senators and lep- resentatives to the legislature, and a list of the names of the senators and rep- resentatives who shall thus be ascertained to be duly elected, and also a list of the names of all otticers who shall thus be ascertained to be duly elected. They shall also make and transmit to the State legislature upon the first day of its asseml)lat of all the State and judicial officers who shall thus be ascertained to have been duly elected, with a return of the number hf votes cast for and against eacii. And it shall thereupon be the duty of the legislature in if)iiit session to canvass and compile said returns foi- all the said (jfficers, and to declare the result of said election as to said State an. The ap)iortionmeiit ina