====== Constitution of North Dakota. ======

===== PREAMBLE. =====

We, the people of North Dakota, grateful to Almighty God for the
blessings of civil and religious liberty, do ordain and establish this
Constitution.

===== ARTICLE I. DECLARATION OF RIGHTS. =====

=== Section 1. ===

All men are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending
life and liberty; acquiring, possessing and protecting property and
reputation; and pursuing and obtaining safety and happiness.

=== Section 2. ===

All political power is inherent in the people. Government is
instituted for the protection, security and benefit of the people, and
they have a right to alter or reform the same whenever the public
good may require.

=== Section 3. ===

The State of North Dakota is an inseparable part of the American Union
and the Constitution of the United States is the supreme law of the
land.

=== Section 4. ===

The free exercise and enjoyment of religious profession and worship,
without discrimination or preference shall be forever guaranteed in
this State, and no person shall be rendered incompetent to be a
witness or juror on account of his opinion on matters of religious
belief; but the liberty of conscience hereby secured shall not be so
construed as to excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of this State.

=== Section 5. ===

The privilege of the writ of habeas corpus shall not be suspended
unless, when in case of rebellion or invasion, the public safety may
require.

=== Section 6. ===

All persons shall be bailable by sufficient sureties, unless for
capital offenses when the proof is evident or the presumption great.
Excessive bail shall not be required, nor excessive fines imposed, nor
shall cruel or unusual punishments be inflicted. Witnesses shall not
be unreasonably detained, nor be confined in any room where criminals
are actually imprisoned.

=== Section 7. ===

The right of trial by jury shall be secured to all, and remain
inviolate; but a jury in civil cases, in courts not of record may
consist of less than twelve men, as may be prescribed by law.

=== Section 8. ===

Until otherwise provided by law, no person shall, for a felony, be
proceeded against criminally, otherwise than by indictment, except in
cases arising in the land or naval forces, or in the militia when in
actual service in time of war or public danger. In all other cases,
offenses shall be prosecuted criminally by indictment or information.
The Legislative Assembly may change, regulate or abolish the grand
jury system.

=== Section 9. ===

Every man may freely write, speak and publish his opinions on all
subjects, being responsible for the abuse of that privilege. In all
civil and criminal trials for libel the truth may be given in
evidence, and shall be a sufficient defense when the matter is
published with good motives and for justifiable ends; and the jury
shall have the same power of giving a general verdict as in other
cases; and in all indictments or informations for libels the jury
shall have the right to determine the law and the facts under the
direction of the court as in other cases.

=== Section 10. ===

The citizens have a right, in a peaceable manner, to assemble together
for the common good, and to apply to those invested with the powers of
government for the redress of grievances, or for other proper
purposes, by petition, address or remonstrance.

=== Section 11. ===

All laws of a general nature shall have a uniform operation.

=== Section 12. ===

The military shall be subordinate to the civil power. No standing army
shall be maintained by this State in time of peace, and no soldiers
shall, in time of peace, be quartered in any house without the consent
of the owner; nor in time of war, except in the manner prescribed by
law.

=== Section 13. ===

In criminal prosecutions in any court whatever, the party accused
shall have the right to a speedy and public trial; to have the process
of the court to compel the attendance of witnesses in his behalf; and
to appear and defend in person and with counsel. No person shall be
twice put in jeopardy for the same offense, nor be compelled in any
criminal case to be a witness against himself, nor be deprived of
life, liberty or property without due process of law.

=== Section 14. ===

Private property shall not be taken or damaged for public use without
just compensation having been first made to, or paid into court for
the owner, and no right of way shall be appropriated to the use of any
corporation, other than municipal, until full compensation therefor be
first made in money or ascertained and paid into court for the owner,
irrespective of any benefit from any improvement proposed by such
corporation, which compensation shall be ascertained by a jury, unless
a jury be waived.

=== Section 15. ===

No person shall be imprisoned for debt unless upon refusal to deliver
up his estate for the benefit of his creditors, in such manner as
shall be prescribed by law; or in cases of tort; or where there is
strong presumption of fraud.

=== Section 16. ===

No bill of attainder, ex post facto law, or law impairing the
obligations of contracts shall ever be passed.

=== Section 17. ===

Neither slavery nor involuntary servitude, unless for the punishment
of crime, shall ever be tolerated in this state.

=== Section 18. ===

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 oath or affirmation, particularly describing the place to
be searched and the persons and things to be seized.

=== Section 19. ===

Treason against the State shall consist only in levying war against
it, adhering to its enemies or giving them aid and comfort. No person
shall be convicted of treason unless on the evidence of two witnesses
to the same overt act, or confession in open court.

=== Section 20. ===

No special privileges or immunities shall ever be granted which may
not be altered, revoked or repealed by the Legislative Assembly; nor
shall any citizen or class of citizens be granted privileges or
immunities which upon the same terms shall not be granted to all
citizens.

=== Section 21. ===

The provisions of this constitution are mandatory and prohibitory
unless, by express words, they are declared to be otherwise.

=== Section 22. ===

All courts shall be open, and every man for any injury done him in his
lands, goods, person or reputation shall have remedy by due process of
law, and right and justice administered without sale, denial or delay.
Suits may be brought against the State in such manner, in such courts,
and in such cases, as the Legislative Assembly may, by law, direct.

=== Section 23. ===

Every citizen of this State shall be free to obtain employment
wherever possible, and any person, corporation, or agent thereof,
maliciously interfering or hindering in any way, any citizen from
obtaining or enjoying employment already obtained, from any other
corporation or person, shall be deemed guilty of a misdemeanor.

=== Section 24. ===

To guard against transgressions of the high powers which we have
delegated, we declare that everything in this article is excepted out
of the general powers of government and shall forever remain
inviolate.

===== ARTICLE II. THE LEGISLATIVE DEPARTMENT. =====

=== Section 25. ===

The Legislative power shall be vested in a Senate and House of
Representatives.

=== Section 26. ===

The Senate shall be composed of not less than thirty nor more than
fifty members.

=== Section 27. ===

Senators shall be elected for the term of four years, except as
hereinafter provided.

=== Section 28. ===

No person shall be a senator who is not a qualified elector in the
district in which he may be chosen, and who shall not have attained
the age of twenty-five years, and have been a resident of the State or
Territory for two years next preceding his election.

=== Section 29. ===

The Legislative Assembly shall fix the number of Senators, and divide
the State into as many senatorial districts as there are senators,
which districts as nearly as may be, shall be equal to each other in
the number of inhabitants entitled to representation. Each district
shall be entitled to one Senator and no more, and shall be composed of
compact and contiguous territory; and no portion of any county shall
be attached to any other county, or part thereof, so as to form a
district. The districts as thus ascertained and determined shall
continue until changed by law.

=== Section 30. ===

The senatorial districts shall be numbered consecutively from one
upwards, according to the number of districts prescribed, and the
Senators shall be divided into two classes. Those elected in the
districts designated by even numbers shall constitute one class, and
those elected in districts designated by odd numbers shall constitute
the other class. The Senators of one class, elected in the year 1890,
shall hold their office for two years, those of the other class shall
hold their office four years, and the determination of the two classes
shall be by lot, so that one-half of the Senators, as nearly as
practicable, may be elected biennially.

=== Section 31. ===

The Senate, at the beginning and close of each regular session, and at
such other times as may be necessary, shall elect one of its members
President pro tempore, who may take the place of the Lieutenant
Governor under rules prescribed by law.

=== Section 32. ===

The House of Representatives shall be composed of not less than sixty,
nor more than one hundred and forty members.

=== Section 33. ===

Representatives shall be elected for the term of two years.

=== Section 34. ===

No person shall be a Representative who is not a qualified elector in
the district for which he may be chosen, and who shall not have
attained the age of twenty-one years, and have been a resident of the
State or Territory for two years next preceding his election.

=== Section 35. ===

The members of the House of Representatives shall be apportioned to
and elected at large from each senatorial district. The Legislative
Assembly shall, in the year 1895, and every tenth year, cause an
enumeration to be made of all the inhabitants of this State, and shall
at its first regular session after each such enumeration, and also
after each federal census, proceed to fix by law the number of
Senators, which shall constitute the Senate of North Dakota, and the
number of Representatives which shall constitute the House of
Representatives of North Dakota, within the limits prescribed by this
Constitution, and at the same session shall proceed to reapportion the
State into senatorial districts, as prescribed by this Constitution,
and to fix the number of members of the House of Representatives, to
be elected from the several senatorial districts; Provided, That the
Legislative Assembly may, at any regular session, redistrict the State
into senatorial districts, and apportion the Senators and
Representatives respectively.

=== Section 36. ===

The House of Representatives shall elect one of its members as
Speaker.

=== Section 37. ===

No judge or clerk of any court, secretary of state, attorney general,
register of deeds, sheriff or person holding any office of profit
under this State, except in the militia or the office of
attorney-at-law, notary public or justice of the peace, and no person
holding any office of profit or honor under any foreign government, or
under the government of the United States, except postmasters whose
annual compensation does not exceed the sum of $300, shall hold any
office in either branch of the Legislative Assembly or become a member
thereof.

=== Section 38. ===

No member of the Legislative Assembly, expelled for corruption, and no
person convicted of bribery, perjury or other infamous crime shall be
eligible to the Legislative Assembly, or to any office in either
branch thereof.

=== Section 39. ===

No member of the Legislative Assembly shall, during the term for which
he was elected, be appointed or elected to any civil office in this
State, which shall have been created, or the emoluments of which shall
have been increased, during the term for which he was elected; nor
shall any member receive any civil appointment from the Governor, or
Governor and Senate, during the term for which he shall have been
elected.

=== Section 40. ===

If any person elected to either house of the Legislative Assembly
shall offer or promise to give his vote or influence, in favor of, or
against any measure or proposition pending or proposed to be
introduced into the Legislative Assembly, in consideration, or upon
conditions, that any other person elected to the same Legislative
Assembly will give, or will promise or assent to give, his vote or
influence in favor of or against any other measure or proposition,
pending or proposed to be introduced into such Legislative Assembly,
the person making such offer or promise shall be deemed guilty of
solicitation of bribery. If any member of the Legislative Assembly,
shall give his vote or iufluence for or against any measure or
proposition, pending or proposed to be introduced into such
Legislative Assembly, or offer, promise or assent so to do upon
condition that any other member will give, promise or assent to give
his vote or influence in favor of or against any other such measure or
proposition pending or pro posed to be introduced into such
Legislative Assembly, or in consideration that any other member hath
given his vote or influence, for or against any other measure or
propositiau in such Legislative Assembly, he shall be deemed guilty of
bribery. And any person, member of the Legislative Assembly or person
elected thereto, who shall be guilty of either such offenses, shall be
expelled, and shall not, thereafter be eligible to the Legislative
Assembly, and, on the conviction thereof in the civil courts, shall be
liable to such further penalty as may be prescribed by law.

=== Section 41. ===

The term of service of the members of the Legislative Assembly shall
begin on the first Tuesday in January next, after their election.

=== Section 42. ===

The members of the Legislative Assembly shall in all eases except
treason, felony and breach of the peace, be privileged from arrest
during their attendance at the sessions of their respective houses,
and in going to or returning from the same. For wprds used in any
speech or debate in either house, they shall not be questioned in any
other place.

=== Section 43. ===

Any member who has a personal or private interest in any measure or
bill proposed or pending before the Legislative Assembly, shall
disclose the fact to the house of which he is a member, and shall not
vote thereon without the consent of the house.

=== Section 44. ===

The Governor shall issue writs of election to fill such vacancies as
may occur in either house of the Legislative Assembly.

=== Section 45. ===

Each member of the Legislative Assembly shall receive as a
compensation for his services for each session, five dollars per day,
and ten cents for every mile of necessary travel in going to and
returning from the place of the meeting of the Legislative Assembly,
on the most usual route.

=== Section 46. ===

A majority of the members of each house shall constitute a quorum, but
a smaller number may adjourn from day to day, and may compel the
attendance of absent members, in such a manner, and under such a
penalty, as may be prescribed by law.

=== Section 47. ===

Each house shall be the judge of the election returns and
qualifications of its own members.

=== Section 48. ===

Each house shall have the power to determine the rules of proceeding,
and punish its members or other persons for contempt or disorderly
behavior in its presence; to protect its members against violence or
offers of bribes or private solicitation, and with the concurrence of
two-thirds, to expel a member, and shall have all other powers
necessary and usual in the Legislative Assembly of a free state. But
no imprisonment by either house shall continue beyond thirty days.
Punishment for contempt or disorderly behavior shall not bar a
criminal prosecution for the same offense.

=== Section 49. ===

Each house shall keep a journal of its proceedings, and the yeas and
nays on any question shall be taken and entered on the journal at the
request of one-sixth of those present.

=== Section 50. ===

The sessions of each house and of the Committee of the Whole shall be
open unless the business is such as ought to be kept secret.

=== Section 51. ===

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 houses shall be sitting, except in case of epidemic, pestilence or
other great danger.

=== Section 52. ===

The Senate and House of Representatives jointly shall be designated as
the Legislative Assembly of the State of North Dakota.

=== Section 53. ===

The Legislative Assembly shall meet at the seat of government at 12
o'clock noon on the first Tuesday after the first Monday in January,
in the year next following the election of the members thereof.

=== Section 54. ===

In all elections to be made by the Legislative Assembly, or either
house thereof, the members shall vote viva voce, and their votes shall
be entered in the journal.

=== Section 55. ===

The sessions of the Legislative Assembly shall be biennial, except as
otherwise provided in this Constitution.

=== Section 56. ===

No regular sessions of the Legislative Assembly shall exceed sixty
days, except in case of impeachment, but the first session of the
Legislative Assembly may continue for a period of one hundred and
twenty days.

=== Section 57. ===

Any bill may originate in either house of tho Legislative Assembly,
and a bill passed by one house may be amended by the other.

=== Section 58. ===

No law shall be passed, except by a bill adopted by both houses, and
no bill shall be so altered and amended on its passage through either
house as to change its original purpose.

=== Section 59. ===

The enacting clause of every law shall be as follows: Be it enacted by
the Legislative Assembly of the State of North Dakota.

=== Section 60. ===

No bill for the appropriation of money, except for the expenses of the
government, shall be introduced after the fortieth day of the session,
except by unanimous consent of the house in which it is sought to be
introduced.

=== Section 61. ===

No bill shall embrace more than one subject, which shall be expressed
in its title, but a bill which violates this provision shall be
invalidated thereby only as to so much thereof as shall not be so
expressed.

=== Section 62. ===

The general appropriation bill shall embrace nothing but
appropriations for the expenses of the Executive, Legislative and
Judicial Departments of the State, interest on the public debt and for
public schools. All other appropriations shall be made by separate
bills, each embracing but one subject.

=== Section 63. ===

Every bill shall be read three several times, but the first and second
readings, and those only, may be upon the same day; and the second
reading may be by title of the bill unless a reading at length be
demanded. The first and third readings shall be at length. No
Legislative day shall be shorter than the natural day.

=== Section 64. ===

No bill shall be revised or amended, nor the provisions thereof
extended or incorporated in any other bill by reference to its title
only, but so much thereof as is revised, amended or extended or so
incorporated, shall be re-enacted and published at length.

=== Section 65. ===

No bill shall become a law except by a vote of the majority of all the
members elect in each house, nor unless, on its final passage, the
vote be taken by yeas and nays, and the names of those voting be
entered on the Journal.

=== Section 66. ===

The presiding officer of each house shall, in the presence of the
house over which he presides, sign all bills and joint resolutions
passed by the Legislative Assembly ; immediately before such signing
their title shall be publicly read, and the fact of signing shall be
at once entered on the Journal.

=== Section 67. ===

No act of the Legislative Assembly shall take effect until July 1st,
after the close of the session unless in case of emergency (which
shall be expressed in the preamble or body of the act), the
Legislative Assembly shall, by a vote of two-thirds of all the members
present in each house, otherwise direct.

=== Section 68. ===

The Legislative Assembly shall pass all laws necessary to carry into
effect the provisions of this Constitution.

=== Section 69. ===

The Legislative Assembly shall not pass local or special laws in any of
the following enumerated cases, that is to say:

<WRAP indent>

1. For granting divorces.

2. Laying out, opening, altering or working roads or highways,
vacating roads, town plats, streets, alleys or public grounds.

3. Locating or changing county seats.

4. Regulating county or township affairs.

5. Regulating the practice of courts of justice.

6. Regulating the jurisdiction and duties of justices of the peace,
police magistrates or constables.

7. Changing the rules of evidence in any trial or inquiry.

8. Providing for changes of venue in civil or criminal cases.

9. Declaring any person of age.

10. For limitation of civil actions, or giving effect to informal or
invalid deeds.

11. Summoning or impaneling grand or petit juries.

12. Providing for the management of common schools.

13. Regulating the rate of interest on money.

14. The opening or conducting of any election, or designating the
place of voting.

15. The sale or mortgage of real estate belonging to minors or othere
under disability.

16. Chartering or licensing ferries, toll bridges or toll roads.

17. Remitting fines, penalties or forfeitures.

18. Creating, increasing or decreasing fees, percentages or allowances
of public officers.

19. Changing the law of descent.

20. Granting to any corporation, association or individual the right
to lay down railroad tracks, or any special or exclusive privilege,
immunity or franchise whatever.

21. For the punishment of crimes.

22. Changing the names of persons or places.

23. For the assessment or collection of taxes.

24. Affecting estates of deceased persons, minors or others under
legal disabilities.

25. Extending the time for the collection of taxes.

26. Refunding money into the State Treasury.

27. Relinquishing or extinguishing in whole or in part the
indebtedness, liability or obligation of any corporation or person to
this State, or to any municipal corporation therein.

28. Legalizing, except as against the State, the unauthorized or
invalid act of any officer.

29. Exempting property from taxation.

30. Restoring to citizenship persons convicted of infamous crimes.

31. Authorizing the creation, extension or impairing of liens.

32. Creating offices, or prescribing the powers or duties of officers
in counties, cities, townships, election or school districts, or
authorizing the adoption or legitimation of children.

33. Incorporation of cities, towns or villages, or changing or
amending the charter of any town, city or village.

34. Providing for the election of members of the Board of Supervisors
in townships, incorporated towns or cities.

35. The protection of game or fish.

</WRAP>

=== Section 70. ===

In all other cases where a general law can be made applicable, no
special law shall be enacted; nor shall the Legislative Assembly
indirectly enact such special or local law by the partial repeal of a
general law; but laws repealing local or special acts may be passed.

===== ARTICLE III. EXECUTIVE DEPARTMENT. =====

=== Section 71. ===

The executive power shall be vested in a Governor, who shall reside at
the seat of government, and shall hold his office for the term of two
years and until his successor is elected and duly qualified.

=== Section 72. ===

A Lieutenant Governor shall be elected at the same time and for the
same term as the Governor. In case of the death, impeachment,
resignation, failure to qualify, absence from the State, removal from
office, or the disability of the Governor, the powers and duties of
the office for the residue of the term, or until he shall be
acquitted, or the disability be removed, shall devolve upon the
Lieutenant Governor.

=== Section 73. ===

No person shall be eligible to the office of Governor or Lieutenant
Governor unless he be a citizen of the United States, and a qualified
elector of the State, who shall have attained the age of thirty years,
and who shall have resided five years next preceding the election
within the State or Territory, nor shall he be eligible to any other
office during the term for which he shall have been elected.

=== Section 74. ===

The Governor and Lieutenant Governor shall be elected by the qualified
electors of the State at the time and places of choosen members of the
Legislative Assembly. The persons having the highest number of votes
for Governor and Lieutenant Governor respectively shall be declared
elected, but if two or more shall have an equal and highest number of
votes for Governor or Lieutenant Governor, the two houses of the
Legislative Assembly at its next regular session shall forthwith, by
joint ballot, choose 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.

=== Section 75. ===

The Governor shall be Commander-in-Chief of the military and naval
forces of the State, except when they shall be called into the service
of the United States, and may call out the same to execute the laws,
suppress insurrection and repel invasion. He shall have power to
convene the Legislative Assembly on ex traordinary occasions. He shall
at the commencement of each session communicate to the Legislative
Assembly by message, in formation of the condition of the State, and
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 Legislative Assembly, and shall take care that the laws be
faithfully executed.

=== Section 76. ===

The governor shall have power in conjunction with the board of
pardons, of which the governor shall be ex-officio a member and the
other members of which shall consist of the attorney general of the
state of North Dakota, the chief justice of the supreme court of the
state of North Dakota, and two qualified electors who shall be
appointed by the governor, to remit fines and forfeitures, to grant
reprieves, comumutations and pardons after conviction for all offenses
except treason and cases of impeachment; but the legislative assembly
may by law regulate the manner in which the remission of fines,
pardons, commutations and reprieves may be applied for. Upon
conviction of treason the governor shall have the power to suspend the
execution of sentence until the case shall be reported to the
legislative assembly at its next regular session, when the legislative
assembly shall either pardon or commute the sentence, direct the
execution of the sentence or grant further reprieve. The governor
shall communicate to the legislative assembly at each regular session
each case of remission of fine, reprieve, commutation or pardon granted
by the board of pardons, stating the name of the convict, the crime
for which he is convicted, the sentence and its date and the date of
remission, commutation, pardon or reprieve, with their reasons for
granting the same.

[ [[https://www.legis.nd.gov/assembly/sessionlaws/1899/sl1899.pdf#page=256|Amended Nov. 6, 1900]], effective Dec. 6, 1900 ]

=== Section 77. ===

The Lieutenant Governor shall be President of the Senate, but shall
have no vote unless they be equally divided. If, during a vacancy in
the office of Governor, the Lieutenant Governor shall be impeached,
displaced, resign or die, or from mental or physical disease, or
otherwise become incapable of performing the duties of his office, the
Secretary of State shall act as Governor until the vacancy shall be
filled or the disability removed.

=== Section 78. ===

When any office shall from any cause become 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.

=== Section 79. ===

Every bill which shall have passed the Legislative Assembly shall,
before it becomes a law, be presented to the Governor. If he approve,
he shall sign, but if not, he shall return it with his objections to
the house in which it originated, which shall enter the objections at
large upon the Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of the members elect shall agree to pass
the bill, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered, and if it be
approved by two-thirds of the members elect, it shall become a law;
but in all such cases the vote of both houses shall be determined by
the yeas and nays, and the names of the members voting for and against
the bill shall be entered upon the Journal of each house respectively.
If any bill shall not be returned by the Governor within three days
(Sundays excepted) after it shall have been presented to him, the same
shall be a law, unless the Legislative Assembly by its adjournment,
prevent its return, in which case it shall be a law, unless he shall
file the same with his objections in the office of the Secretary of
State, within fifteen days after such adjournment.

=== Section 80. ===

The Governor shall have power to disapprove of any item or items, or
part or parts of any bill making appropriations of money or property
embracing distinct items, and the part or parts of the bill approved
shall be the law, and the item or items, and part or parts disapproved
shall be void, unless enacted in the following manner: If the
Legislative Assembly be in session he shall transmit to the house in
which the bill originated a copy of the item or items, or part or
parts thereof disapproved, together with his objections thereto, and
the items or parts objected to shall be separately reconsidered, and
each item or part shall then take the same course as is prescribed for
the passage of bills over the executive veto.

=== Section 81. ===

Any Governor of this State who asks, receives or agrees to receive 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 Legislative Assembly 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 threatened use of his veto power, or who offers 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 official vote or
influence on any matter pending or thereafter to be introduced into
either house of said Legislative Assembly, or who threatens any member
that he, the said Governor, will remove any person or persons from
office or position with intent in any manner to influence the action
of said member, shall be punished in the manner now or that may here
after be provided by law, and upon conviction thereof shall forfeit
all right to hold or exercise any office of trust or honor in this
State.

=== Section 82. ===

There shall be chosen by the qualified electors of the State at the
times and places of choosing members of the Legislative Assembly, a
Secretary of State, Auditor, Treasurer, Superintendent of Public
Instruction, Commissioner of Insurance, three Commissioners of
Railroads, one Attorney General and one Commissioner of Agriculture
and Labor; who shall have attained the age of twenty-five years, shall
be citizens of the United States, and shall have the qualifications of
State electors. They shall severally hold their offices at the seat of
government, for the term of two years and until their successors are
elected and duly qualified, but no person shall be eligible to the
office of Treasurer for more than two consecutive terms.

=== Section 83. ===

The powers and duties of the Secretary of State, Auditor, Treasurer,
Superintendent of Public Ins:ruction, Commissioner of Insurance,
Commissioners of Railroads, Attorney General and Commissioner of
Agriculture and Labor, shall be as prescribed by law.

=== Section 84. ===

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

===== ARTICLE IV. JUDICIAL DEPARTMENT. =====

=== Section 85. ===

The judicial power of the State of North Dakota shall be vested in a
supreme court, district courts, county courts, justices of the peace,
and in such other courts as may be created by law for cities,
incorporated towns and villages.

=== Section 86. ===

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

=== Section 87. ===

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

=== Section 88. ===

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

=== Section 89. ===

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

=== Section 90. ===

The judges of the supreme court shall be elected by the qualified
electors of the State at large, and except as may be otherwise
provided herein for the first election for judges under this
Constitution, said judges shall be elected at general elections.

=== Section 91. ===

The term of office of the judges of the supreme court, except as in
this article otherwise provided, shall be six years, and they shall
hold their offices until their successors are duly qualified.

=== Section 92. ===

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

=== Section 93. ===

There shall be a clerk and also a reporter of the supreme court, who
shall be appointed by the judges thereof, and who shall hold their
offices during the pleasure of said judges, and whose duties and
emoluments shall be prescribed by law and by rules of the supreme
court not inconsistent with law. The Legislative Assembly shall make
provision for the publication and distribution of the decisions of the
supreme court and for the sale of the published volumes thereof.

=== Section 94. ===

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

=== Section 95. ===

Whenever the population of the State of North Dakota shall equal six
hundred thousand the Legislative Assembly shall have the power to
increase the number of the judges of the supreme court to five, in
which event a majority of said court, as thus increased, shall
constitute a quorum.

Sec 96. No duties shall be imposed by law upon the supreme court or
auy of the judges thereof, except such as are judicial, nor shall auy
of the judges thereof exercise auy power of appointment except as
herein provided.

=== Section 97. ===

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

=== Section 98. ===

Any vacancy happening by death, resignation or otherwise in the office
of judge of the supreme court shall be filled by appointment, by the
Governor, which appointment shall continue until the first general
election thereafter, when said vacancy shall be filled by election.

=== Section 99. ===

The judges of the supreme and district courts shall receive such
compensation for their services as may be prescribed by law, which
compensation shall not be increased or diminished during the term for
which a judge shall have been elected.

=== Section 100. ===

In case a judge of the supreme court shall be in any way interested in
a cause brought before said court, the remaining judges of said court
shall call one of the district judges to sit with them on the hearing
of said cause.

=== Section 101. ===

When a judgment or decree is reversed or confirmed by the supreme
court every point fairly arising upon the record of the case shall be
considered and decided, and the reasons there for shall be concisely
stated in writing, signed by the judges concurring, filed in the
office of the clerk of the supreme court and preserved with a record
of the case. Any judge dissenting there from may give the reasons of
his dissent in writing over his signature.

=== Section 102. ===

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

==== DISTRICT COURTS. ====

=== Section 103. ===

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

=== Section 104. ===

The State shall be divided into Six Judicial Districts, in each of
which there shall be elected at general elections, by the electors
thereof, one judge of the district court therein, whose term of office
shall be four years from the first Monday in January succeeding his
election and until his successor is duly qualified. This section shall
not be construed as governing the first election of district judges
under this Constitution.

=== Section 105. ===

Until otherwise provided by law said districts shall be constituted as
follows:

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

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

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

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

District No. Five shall consist of the counties of Logan, LaMoure,
Stutsman, Barnes, Wells, Foster, Eddy and Griggs.

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

=== Section 106. ===

The Legislative Assembly may whenever two-thirds of the members of
each house shall concur therein, but not oftener than once in four
years, increase the number of said judicial districts and the judges
thereof; such districts shall be formed from compact territory and
bounded by county lines, but such increase or change in the boundaries
of the districts shall not work the removal of any judge from his
office during the term for which he may have been elected or
appointed.

=== Section 107. ===

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

=== Section 108. ===

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

=== Section 109. ===

Writs of error and appeals may be allowed from the decisions of the
district courts to the Supreme Court under such regulations as may be
prescribed by law.

==== COUNTY COURTS. ====

=== Section 110. ===

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

=== Section 111. ===

The County Court shall have exclusive original jurisdiction in probate
and testamentary matters, the appointment of administrators and
guardians, the settlement of the accounts of executors, administrators
and guardians, the sale of lands by executors, administrators, and
guardians, and such other probate jurisdiction as may be conferred by
law; Provided, That whenever the voters of any county having a
population of two thousand or over shall decide by a majority vote
that they desire the jurisdiction of said court increased above that
limited by this constitution, then said County Courts shall have
concurrent jurisdiction with the District Courts in all civil actions
where the amount in controversy does not exceed one thousand dollars,
and in all criminal actions below the grade of felony, and in case it
is decided by the voters of any county to so increase the jurisdiction
of said county court, the jurisdiction in cases of misdemeanors
arising under State laws which may have been conferred upon police
magistrates, shall cease. The qualifications of the judge of the
County Court in counties where the jurisdiction of said court shall
have been increased shall be the same as those of the district judge,
except he shall be a resident of the county at the time of his
election, and said county judge shall receive such salary for his
services as may be provided by law. In case the voters of any county
decide to increase the jurisdiction of said county courts, then such
jurisdiction as thus increased shall remain until otherwise provided
by law.

==== JUSTICES OF THE PEACE. ====

=== Section 112. ===

The Legislative Assembly shall provide by law for the election of
justices of the peace in each organized county within the state. But
the number of said justices to be elected in each organized county
shall be limited by law to such a number as shall be necessary for the
proper administration of justice. The justices of the peace herein
provided for shall have concurrent jurisdiction with the district
court in all civil actions when the amount in controversy, exclusive
of costs, does not exceed two hundred dollars, and in counties where
no county court with criminal jurisdiction exists they shall have such
jurisdiction to hear and determine cases of misdemeanor as may be
provided by law, but in no case shall said justices of the peace have
jurisdiction when the boundaries of or title to real estate shall come
in question. The Legislative Assembly shall have power to abolish the
office of justice of the peace and confer that jurisdiction upon
judges of county courts, or elsewhere.

==== POLICE MAGISTRATES. ====

=== Section 113. ===

The Legislative Assembly shall provide by law for the election of
police magistrates in cities, incorporated towns, and villages, who in
addition to their jurisdiction of all cases arising under the
ordinances of said cities, towns and villages, shall be ex-officio
justices of the peace of the county in which said cities, towns and
villages may be located. And the Legislative Assembly may confer upon
said police magistrates the jurisdiction to hear, try and determine
all cases of misdemeanors, and the prosecutions therein shall be by
information.

=== Section 114. ===

Appeals shall lie from the county court, final decisions of justices
of the peace, and police magistrates in such cases and pursuant to
such regulations as may be prescribed by law.

==== MISCELLANEOUS. ====

=== Section 115. ===

The time of holding courts in the several counties of a district shall
be as prescribed by law, but at least two terms of the district court
shall be held annually in each organized county, and the Legislative
Assembly shall make provision for attaching unorganized counties or
territories to organized counties for judicial purposes.

=== Section 116. ===

Judges of the district courts may hold court in other districts than
their own under such regulations as shall be prescribed by law.

=== Section 117. ===

No judge of the supreme or district court shall act as attorney or
counsellor at law.

=== Section 118. ===

Until the Legislative Assembly shall provide by law for fixing the
terms of courts the judges of the supreme and district courts shall
fix the terms thereof.

=== Section 119. ===

No judge of the supreme or district court shall be elected or
appointed to any other than judicial offices or be eligible thereto
during the term for which he was elected or appointed such judge. All
votes or appointments for either of them for any elective or
appointive office except that of judge of the supreme court, or
district court, given by the Legislative Assembly or the people, shall
be void.

=== Section 120. ===

Tribunals of conciliation may be established with such powers and
duties as shall be prescribed by law, or the powers and duties of such
may be conferred upon other courts of justice; but such tribunals or
other courts when sitting as such, shall have no power to render
judgment to be obligatory on the parties, unless they voluntarily
submit their matters of difference and agree to abide the judgment of
such tribunals or courts.

===== ARTICLE V. ELECTIVE FRANCHISE. =====

=== Section 121. ===

Every male person of the age of twenty-one years or upwards, belonging
to either of the following classes, who shall have resided in the
state one year and in the county six months, and in the precinct
ninety days next preceding any election, shall be a qualified elector
at such election:

First - Citizens of the United States.

Second - Civilized persons of Indian descent who shall have severed
their tribal relations two years next preceding such election.

=== Section 122. ===

The Legislative Assembly shall be empowered to make further extensions
of suffrage hereafter, at its discretion to all citizens of mature age
and sound mind, not convicted of crime, without regard to sex; but no
law extending or restricting the right of suffrage shall be enforced
until adopted by a majority of the electors of the state voting at a
general election.

=== Section 123. ===

Electors shall in all cases except treason, felony, breach of the
peace or illegal voting, be privileged from arrest on the days of
election during their attendance at, going to and returning from such
election, and no elector shall be obliged to perform military duty on
the day of election, except in time of war or public danger.

=== Section 124. ===

The general elections of the state shall be biennial, and shall be
held on the first Tuesday after the first Monday in November;
Provided, That the first general election under this Constitution
shall be held on the first Tuesday after the first Monday in November,
A D. 1890.

=== Section 125. ===

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.

=== Section 126. ===

No soldier, seaman or marine in the army or navy of the United States
shall be deemed a resident of this state in consequence of his being
stationed therein.

=== Section 127. ===

No person who is under guardianship, non compos mentis or insane shall
be qualified to vote at any election; nor any person convicted of treason or
felony, unless restored to civil rights; and the legislature shall by law
establish an educational test as a qualification, and may prescribe penalties
for failing, neglecting or refusing to vote at any general election.

=== Section 128. ===

Any woman having the qualifications enumerated in section 121 of this
article as to age, residence and citizenship, and including those now
qualified by the laws of the territory, may vote for all school
officers, and upon all questions pertaining solely to school matters,
and be eligible to any school office.

=== Section 129. ===

All elections by the people shall be by secret ballot, subject to such
regulations as shall be provided by law.

===== ARTICLE VI. MUNICIPAL CORPORATIONS. =====

=== Section 130. ===

The Legislative Assembly shall provide by general law for the
organization of municipal corporations, restricting their powers as to
levying taxes and assessments, borrowing money and contracting debts,
and money raised by taxation, loan or assessment for any purpose shall
not be diverted to any other purpose except by authority of law.

===== ARTICLE VII. CORPORATIONS OTHER THAN MUNICIPAL. =====

=== Section 131. ===

No charter of incorporation shall be granted, changed or amended by
special law, except in the case of such municipal, charitable,
educational, penal or reformatory corporations as may be under the
control of the state; but the Legislative Assembly shall provide by
general laws for the organization of all corporations hereafter to be
created, and any such law, so passed, shall be subject to future
repeal or alteration.

=== Section 132. ===

All existing charters or grants of special or exclusive privileges,
under which a bona fide organization shall not have taken place and
business been commenced in good faith at the time this Constitution
takes effect, shall thereafter have no validity.

=== Section 133. ===

The Legislative Assembly shall not remit the forfeiture of the charter
to any corporation now existing, nor alter or amend the same, nor pass
any other general of special law for the benefit of such corporation,
except upon the condition that such corporation shall thereafter hold
its charter subject to the provisions of this constitution.

=== Section 134. ===

The exercise of the right of eminent domain shall never be abridged,
or so construed as to prevent the Legislative Assembly from taking the
property and franchises of incorporated companies and subjecting them
to public use, the same as the property of individuals; and the
exercise of the police power of this State shall never be abridged, or
so construed as to permit corporations to conduct their business in
such a manner as to infringe the equal rights of individuals or the
general well-being of the State.

=== Section 135. ===

In all elections for directors or managers of a corporation, each
member or share-holder may cast the whole number of his votes for one
candidate, or distribute them upon two or more candidates, as he may
prefer.

=== Section 136. ===

No foreign corporation shall do business in this state without having
one or more places of business and an authorized agent or agents in
the same, upon whom process may be served.

=== Section 137. ===

No corporation shall engage in any business other than that expressly
authorized in its charter.

=== Section 138. ===

No corporation shall issue stock or bonds except for money, labor
done, or money or property actually received; and all fictitious
increase of stock or indebtedness shall be void. The stock and
indebtedness of corporations shall not be increased except in
pursuance of general law, nor without the consent of the persons
holding the larger amount in value of the stock first obtained at a
meeting to be held after sixty days' notice given in pursuance of law.

=== Section 139. ===

No law shall be passed by the Legislative Assembly granting the right
to construct and operate a street railroad, telegraph, telephone or
electric light plant within any city, town or incorporated village,
without requiring the consent of the local authorities having the
control of the street or highway proposed to be occupied for such
purposes.

=== Section 140. ===

Every railroad corporation organized and doing business in this state,
under the laws or authority thereof, shall have and maintain a public
office or place in the state for the transaction of its business,
where transfers of its stock shall be made and in which shall be kept
for public inspection, books in which shall be recorded the amount of
capital stock subscribed, and by whom, the names of the owners of its
stock and the amount owned by them respectively; the amount of stock
paid in and by whom, and the transfers of said stock; the amounts of
its assets and liabilities and the names and place of residence of its
officers. The directors of every railroad corporation shall annually
make a report, under oath, to the auditor of public accounts, or some
officer or officers to be designated by law, of all their acts and
doings, which report shall include such matters relating to railroads
as may be prescribed by law, and the Legislative Assembly shall pass
laws enforcing by suitable penalties the provisions of this section.
Providing the provisions of this section shall not be so construed as
to apply to foreign corporations.

=== Section 141. ===

No railroad corporation shall consolidate its stock, property or
franchises with any other railroad corporation owning a parallel or
competing line; and in no case shall any consolidation take place
except upon public notice given at least sixty days to all
stockholders, in such manner as may be provided by law. Any attempt to
evade the provisions of this section, by any railroad corporation, by
lease or otherwise, shall work a forfeiture of its charter.

=== Section 142. ===

Railways heretofore constructed or that may hereafter be constructed
in this state are hereby declared public highways, and all railroad,
sleeping car, telegraph, telephone and transportation companies of
passengers, intelligence and freight, are declared to be common
carriers and subject to legislative control; and the Legislative
Assembly shall have power to enact laws regulating and controlling the
rates of charges for the transportation of passengers, intelligence
and freight, as such common carriers from one point to another in this
State; Provided, That appeal may be had to courts of this State from
the rate so fixed; but the rates fixed by the Legislative Assembly or
Board of Railroad Commissioners shall remain in full force pending the
decision of the courts.

=== Section 143. ===

Any association or corporation organized for the purpose shall have
the right to construct and operate a railroad between any points
within this state, and to connect at the state line with the railroads
of other states. Every railroad company shall have the right with its
road to intersect, connect with or cross any other; and shall receive
and transport each other's passengers, tonnage and cars, loaded or
empty, without delay or discrimination.

=== Section 144. ===

The term "corporation," as used in this article, shall not be
understood as embracing municipalities or political subdivisions of
the State unless otherwise expressly stated, but it shall be held and
construed to include all associations and joint stock companies having
any of the powers or privileges of corporations not possessed by
individuals or partnerships.

=== Section 145. ===

If a general banking law be enacted, it shall provide for the registry
and countersigning by an officer of the State, of all notes or bills
designed for circulation, and that ample security to the full amount
thereof shall be deposited with the State Treasurer for the redemption
of such notes or bills.

=== Section 146. ===

Any combination between individuals, corporations, associations, or
either having for its object or effect the controlling of the price of
any product of the soil or any article of manufacture or commerce, or
the cost of exchange or transportation, is prohibited and hereby
declared unlawful and against public policy; and any and all
franchises heretofore granted or extended, or that may hereafter be
granted or extended in this state, when ever the owner or owners
thereof violate this article shall be deemed annulled and become void.

===== ARTICLE VIII. EDUCATION. =====

=== Section 147. ===

A high degree of intelligence, patriotism, integrity and morality on
the part of every voter in a government by the people being necessary
in order to insure the continuance of that government and the
prosperity and happiness of the people, the Legislative Assembly shall
make provision for the establishment and maintenance of a system of
public schools which shall be open to all children of the state of
North Dakota and free from sectarian control. This legislative
requirement shall be irrevocable without the consent of the United
States and the people of North Dakota.

=== Section 148. ===

The Legislative Assembly shall provide at their first session, after
the adoption of this Constitution, for a uniform system of free public
schools throughout the state; beginning with the primary and extending
through all grades up to and including the normal and collegiate
course.

=== Section 149. ===

In all schools instruction shall be given as far as practicable in
those branches of knowledge that tend to impress upon the mind the
vital importance of truthfulness, temperance, purity, public spirit,
and respect for honest labor of every kind.

=== Section 150. ===

A Superintendent of Schools for each county shall be elected every two
years, whose qualifications, duties, powers and compensation shall be
fixed by law.

=== Section 151. ===

The Legislative Assembly shall take such other steps as may be
necessary to prevent illiteracy, secure a reasonable degree of
uniformity in course of study, and to promote industrial, scientific
and agricultural improvement.

=== Section 152. ===

All colleges, universities and other educational institutions, for the
support of which lands have been granted to this state, or which are
supported by a public tax, shall remain under the absolute and
exclusive control of the State. No money raised for the support of the
public schools of the State shall be appropriated to or used for the
support of any sectarian school.

===== ARTICLE IX. SCHOOL AND PUBLIC LANDS. =====

=== Section 153. ===

All proceeds of the public lands that have hereto fore been, or may
hereafter be granted by the United States for the support of the
common schools in this state; all such percentum as may be granted by
the United States on the sale of public lands; the proceeds or
property that shall fall to the state by escheat; the proceeds of all
gifts and donations to the state for common schools, or not otherwise
appropriated by the terms of the gift, and all other property
otherwise acquired for common schools, shall be and remain a perpetual
fund for the maintenance of the common schools of the state. It shall
be deemed a trust fund, the principal of which shall forever remain
inviolate and may be increased but never diminished. The state shall
make good all losses thereof.

=== Section 154. ===

The interest and income of this fund together with the net proceeds of
all fines for violation of state laws, and all other sums which may be
added thereto by law, shall be faithfully used and applied each year
for the benefit of the common schools of the state, and shall be for
this purpose apportioned among and between all the several common
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 shall ever be diverted, even temporarily, from this purpose
or used for any other purpose whatever than the maintenance of common
schools for the equal benefit of all the people of the state ;
Provided, however, That if any portion of the interest or income
aforesaid be not expended during any year, said portion shall be added
to and become a part of the school fund.

=== Section 155. ===

After one year from the assembling of the first Legislative Assembly,
the lands granted to the state from the United States for the support
of the common schools, may be sold upon the following conditions and
no other: No more than one-fourth of all such lands shall be sold
within the first five years after the same become saleable by virtue
of this section. No more than one-half of the remainder within ten
years after the same become saleable as aforesaid. The residue may be
sold at any time after the expiration of said ten years. The
Legislative Assembly shall provide for the sale of all school lands
subject to the provisions of this article. The coal lands of the State
shall never be sold, but the Legislature Assembly may, by general
laws, provide for leasing the same. The words "coal lands" shall
include lands bearing lignite coal.

=== Section 156. ===

The Superintendent of Public Instruction, Governor, Attorney-General,
Secretary of State and State Auditor, shall constitute a Board of
Commissioners, which shall be denominated the "Board of University and
School Lands," and, subject to the provisions of this article and any
law that may be passed by the Legislative Assembly, said board shall
have control of the appraisement, sale, rental and disposal of all
school and university lands, and shall direct the investment of the
funds arising therefrom in the hands of the State Treasurer, under the
limitations in section 160 of this article.

=== Section 157. ===

The county superintendent of common schools, the chairman of the
county board, and the county auditor shall constitute boards of
appraisal and under the authority of the State Board of University and
School Lands shall appraise all school lands within their respective
counties which they may from time to time recommend for sale at their
actual value under the prescribed terms and shall first select and
designate for sale the most valuable lands.

=== Section 158. ===

No land shall be sold for less than the appraised value and in no case
for less than ten dollars per acre. The purchaser shall pay one-fifth
of the price in cash, and the remaining four-fifths as follows:
One-fifth in five years, one-fifth in ten years, one-fifth in fifteen
years and one-fifth in twenty years, with interest at the rate of not
less than six per centum payable annually in advance. All sales shall
be held at the county seat of the county in which the land to be sold
is situate and shall be at public auction and to the highest bidder,
after sixty days advertisement of the same in a newspaper of general
circulation in the vicinity of the lands to be sold, and one at the
seat of government. Such lands as shall not have been specially
subdivided shall be offered in tracts of one quarter section, and
those so subdivided in the smallest subdivisions. All lands designated
for sale and not sold within two years after appraisal shall be
reappraised before they are sold. No grant or patent for any such
lands shall issue until payment is made for the same; Provided, that
the lands contracted to be sold by the state, shall be subject to
taxation from the date of such contract. In case the taxes assessed
against any of said lands for any year remain unpaid until the first
Monday in October of the following year, then and thereupon the
contract of sale for such lands shall become null and void.

=== Section 159. ===

All land, money or other property donated, granted or received from
the United States or any other source for a University, School of
Mines, Reform School, Agricultural College, Deaf and Dumb Asylum,
Normal School or other educational or charitable institution or
purpose, and the proceeds of all such lands and other property so
received from any source, shall be and remain perpetual funds, the
interest and income of which together with the rents of all such land
as may remain unsold shall be inviolably appropriated and applied to
the specific objects of the original grants or gifts. The principal of
every such fund may be increased but shall never be diminished, and
the interest and income only shall be used. Every such fund shall be
deemed a trust fund held by the state, and the state shall make good
all losses thereof.

=== Section 160. ===

All lands mentioned in the preceding section shall be appraised and
sold in the same manner and under the same limitations and subject to
all the conditions as to price and sale as provided above for the
appraisal and sale of lands for the benefit of common schools; but a
distinct and separate account shall be kept by the proper officers of
each of said funds; Provided, That the limitations as to the time in
which school land may be sold shall apply only to lands granted for
the support of common schools.

=== Section 161. ===

The Legislative Assembly shall have authority to provide by law for
the leasing of lands granted to the state for educational and
charitable purposes; but no such law shall authorize the leasing of
said lands for a longer period than five years. Said land shall only
be leased for pasturage and meadow purposes and at a public auction
after notice as heretofore provided in case of sale. Provided that all
of said school lands now under cultivation may be leased at the
discretion and under the control of the Board of University and School
Lands, for other than pasturage and meadow purposes until sold. All
rents shall be paid in advance.

=== Section 162. ===

The moneys of the permanent school fund and other educational funds
shall be invested only in bonds of school corporations within the
state, bonds of the United States, bonds of the state of North Dakota
or in first mortgages on farm lands in the state, not exceeding in
amount one-third of the actual value of any subdivision on which the
same may be loaned, such value to be determined by the board of
appraisers of school lands.

=== Section 163. ===

No law shall ever be passed by the Legislative Assembly granting to
any person, corporation or association any privileges by reason of the
occupation, cultivation or improvement of any public lands by said
person, corporation or association subsequent to the survey thereof by
the general government. No claim for the occupation, cultivation or
improvement of any public lands shall ever be recognized, nor shall
such occupation, cultivation or improvement of any public lands ever
be used to diminish either directly or indirectly the purchase price
of said lands.

=== Section 164. ===

The Legislative Assembly shall have authority to provide by law for
the sale or disposal of all public lands that have been heretofore, or
may hereafter be granted by the United States to the state for
purposes other than set forth and named in sections 153 and 159 of
this article. And the Legislative Assembly in providing for the
appraisement, sale, rental and disposal of the same shall not be
subject to the provisions and limitations of this article.

=== Section 165. ===

The Legislative Assembly shall pass suitable laws for the safekeeping,
transfer and disbursement of the state school funds; and shall require
all officers charged with the same or the safe keeping thereof to give
ample bonds for all moneys and funds received by them, and if any of
said officers shall convert to his own use in any manner or form, or
shall loan with or without interest or shall deposit in his own name,
or otherwise than in the name of the state of North Dakota or shall
deposit in any banks or with any person or persons, or exchange for
other funds or property any portion of the school funds aforesaid or
purposely allow any portion of the same to remain in his own hands
uninvested except in the manner prescribed by law, every such act
shall constitute an embezzlement of so much of the aforesaid school
funds as shall be thus taken or loaned, or deposited, or exchanged, or
withheld and shall be a felony; and any failure to pay over, produce
or account for, the state school funds or any part of the same
entrusted to any such officer, as by law required or demanded, shall
be held and be taken to be prima facie evidence of such embezzlement.

===== ARTICLE X. COUNTY AND TOWNSHIP ORGANIZATION. =====

=== Section 166. ===

The several counties in the Territory of Dakota lying north of the
Seventh Standard Parallel, as they now exist, are hereby declared to
be counties of the State of North Dakota.

=== Section 167. ===

The Legislative Assembly shall provide by general law for organizing
new counties, locating the county seats thereof temporarily, and
changing county lines; but no new county shall be organized nor shall
any organized county be so reduced as to include an area of less than
twenty-four congressional townships, and containing a population of
less than one thousand bona fide inhabitants. And in the organization
of new counties and in changing the lines of organized counties and
boundaries of congressional townships the natural boundaries shall be
observed as nearly as may be.

=== Section 168. ===

All changes in the boundaries of organized counties before taking
effect shall be submitted to the electors of the county or counties,
to be effected thereby at a general election and be adopted by a
majority of all the legal votes cast in each county at such election;
and in case any portion of an organized county is stricken off and
added to another, the county to which such portion is added shall
assume and be holden for an equitable proportion of the indebtedness
of the county so reduced.

=== Section 169. ===

The Legislative Assembly shall provide by general law for changing
county seats in organized counties, but it shall have no power to
remove the county seat of any organized county.

=== Section 170. ===

The Legislative Assembly shall provide by general law for township
organization under which any county may organ ize whenever a majority
of the legal voters of such county, voting at a general election shall
so determine, and whenever any county shall adopt township
organization, so much of this Constitution as provides for the
management of the fiscal concerns of said county by the board of
county commissioners may be dispensed with by a majority vote of the
people voting at any general election; and the affairs of said county
may be transacted by the chairmen of the several township boards of
said county, and such others as may be provided by law for
incorporated cities, towns or villages within such county.

=== Section 171. ===

In any county that shall have adopted a system of government by the
chairmen of the several township boards, the question of continuing
the same may be submitted to the electors of such county at a general
election in such a manner as may be provided by law, and if a majority
of all the votes cast upon such question shall be against said system
of government, then such system shall cease in said county, and the
affairs of said county shall then be transacted by a board of county
commissioners as is now provided by the laws of the Territory of
Dakota.

=== Section 172. ===

Until the system of county government by the chair men of the several
township boards is adopted by any county the fiscal affairs of said
county shall be transacted by a board of county commissioners; said
board shall consist of not less than three and not more than five
members whose terms of office shall be' prescribed by law. Said board
shall hold sessions for the transaction of county business as shall be
provided by law.

=== Section 173. ===

At the first general election held after the adoption of this
Constitution, and every two years thereafter, there shall be elected
in each organized county in the State, a county judge, clerk of court,
register of deeds, county auditor, treasurer, sheriff and states
attorney, who shall be electors of the county in which they are
elected and who shall hold their office until their successors are
elected and qualified. The Legislative Assembly shall provide by law
for such other county, township and district officers as may be deemed
necessary, and shall prescribe the duties and compensation of all
county, township and district officers. The sheriff and treasurer of
any county shall not hold their respective offices for more than four
years in succession.

===== ARTICLE XI. REVENUE AND TAXATION. =====

=== Section 174. ===

The Legislative Assembly shall provide for raising revenue sufficient
to defray the expenses of the state for each year, not to exceed in
any one year four (4) mills on the 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 also a sufficient
sum to pay the interest on the state debt.

=== Section 175. ===

No tax shall be levied except in pursuance of law, and every law
imposing a tax shall state distinctly the object of the same, to which
only it shall be applied.

=== Section 176. ===

Laws shall be passed taxing by uniform rule all property according to
its true value in money, but the property of the United States and the
state, county and municipal corporations, both real and personal,
shall be exempt from taxation, and the Legislative Assembly shall by a
general law exempt from taxation property used exclusively for school,
religions, cemetery or charitable purposes and personal property to
any amount not exceeding in value two hundred dollars for each
individual liable to taxation; but the Legislative Assembly may, by
law, provide for the payment of a per centum of gross earnings of
railroad companies to be paid in lieu of all State, county, township
and school taxes on property exclusively used in and about the
prosecution of the business of such companies as common carriers, but
no real estate of said corporations shall be exempted from taxation in
the same manner, and on the same basis as other real estate is taxed,
except roadbed, right of way, shops and buildings used exclusively in
their business as common carriers, and whenever and so long as such
law providing for the payment of a per centum on earnings shall be in
force, that part of section 179 of this article relating to assessment
of railroad property shall cease to be in force.

The legislative assembly may further provide that grain grown within
the state and held therein in elevators, warehouses and granaries may
be taxed at a fixed rate.

[ [[https://www.legis.nd.gov/assembly/sessionlaws/1903/sl1903.pdf#page=291|Amended Nov. 8, 1904.]], effective Dec. 8, 1904 ]

=== Section 177. ===

All improvements on land shall be assessed in accordance with section
179, but plowing shall not be considered as an improvement or add to
the value of land for the purpose of assessment.

=== Section 178. ===

The power of taxation shall never be surrendered or suspended by any
grant or contract to which the State or any county or other municipal
corporation shall be a party.

=== Section 179. ===

All property, except as hereinafter in this section provided, shall be
assessed in the county, city, township, village or district in which
it is situated, in the manner prescribed by law. The franchise,
roadway, roadbed, rails and rolling stock of all railroads, and the
franchise and all other property of all express companies, freight
line companies, car equipment companies, sleeping car companies,
dining car companies, telegraph or telephone companies or corporations
operated in this state and used directly or indirectly in the carrying
of persons, property or messages, shall be assessed by the state board
of equalization at their actual value, and such assessed value shall
be apportioned to the counties, cities, towns.  villages, townships
and districts in which such railroad companies, express companies,
sleeping car companies, dining car companies, telegraph and telephone
companies are located, or through which they are operated, as a basis
for the taxation of such property, in proportion to the number of
miles of such property within such counties, cities, towns, villages,
townships and districts, or over which any part of such property is
used or operated within such counties, towns, villages, townships and
districts.  But should any railroad allow any portion of its roadway
to be used for any purpose other than the operation of a railroad
thereon, such portion of its roadway, while so used, shall be assessed
in the manner provided for the assessment of other real property.

=== Section 180. ===

The Legislative Assembly may provide for the levy, collection and
disposition of an annual poll tax of not more than one dollar and
fifty cents ($1.50) on every male inhabitant of this state over
twenty-one and under fifty years of age, except paupers, idiots,
insane persons and Indians not taxed.

=== Section 181. ===

The Legislative Assembly shall pass all laws necessary to carry out
the provisions of this article.

===== ARTICLE XII. Public Debt and Public Works. =====

=== Section 182. ===

The state may, to meet casual deficits or failure in the revenue, or
in case of extraordinary emergencies, contract debts, but such debts
shall never in the aggregate exceed the sum of two hundred thousand
dollars, exclusive of what may be the debt of North Dakota at the time
of the adoption of this Constitution. Every such debt shall be
authorized by law for certain purposes to be definitely mentioned
therein, and every such law shall provide for levying an annual tax
sufficient to pay the interest semi-annually, and the principal within
thirty years from the passage of such law, and shall specially
appropriate the proceeds of such tax to the payment of said principal
and interest, and such appropriation shall not be repealed nor the tax
discontinued until such debt, both principal and interest, shall have
been fully paid. No debt in excess of the limit named shall be
incurred except for the pur pose of repelling invasion, suppressing
insurrection, defending the state in time of war, or to provide for
public defense in case of threatened hostilities; but the issuing of
new bonds to refund existing indebtedness, shall not be construed to
be any part or portion of said two hundred thousand dollars.

=== Section 183. ===

The debt of any county, township, town, school district or any other
political subdivision, shall never exceed five ( 5 ) per- centum upon
the assessed value of the taxable property therein; Provided, That any
incorporated city may, by a two-thirds vote, increase such
indebtedness three (3) per centum on such assessed value beyond said
five (5) per cent, limit. In estimating the indebtedness which a city,
county, township, school district or any other political subdivision
may incur, the entire amount of existing indebtedness, whether
contracted prior or subsequent to the adoption of this constitution
shall be included; Provided, further, That any incorporated city may
become indebted in any amount not exceeding four (4) per centum on
such assessed value without regard to the existing indebtedness of
such city, for the purpose of constructing or purchasing water works
for furnishing a supply of water to the inhabitants of such city, or
for the pur pose of constructing sewers, and for no other purpose
whatever. All bonds or obligations in excess of the amount of
indebtedness permitted by this constitution, given by any city,
county, town ship, town, school district, or any other political
subdivision, shall be void.

=== Section 184. ===

Any city, county, township, town, school district or any other
political subdivision incurring indebtedness shall, at or before the
time of so doing, provide for the collection of an annual tax
sufficient to pay the interest and also the principal thereof when
due, and all laws or ordinances providing for the payment of the
interest or principal of any debt shall be irrepealable until such
debt be paid.

=== Section 185. ===

Neither the State nor any county, city, township, town, school
district or any other political subdivision shall loan or give its
credit or make donations to or in aid of any individual, association
or corporation, except for necessary support of the poor, nor
subscribe to or become the owner of the capital stock of any
association or corporation, nor shall the State engage in any work of
internal improvement unless authorized by a two-thirds vote of the
people.

=== Section 186. ===

No money shall be paid out of the state treasury except upon
appropriation by law and on warrant drawn by the proper officer and no
bills, claims, accounts or demands against the state, or any county or
other political subdivision, shall be audited, allowed or paid until a
full itemized statement in writing shall be filed with the officer or
officers, whose duty it may be to audit the same.

=== Section 187. ===

No bond or evidence of indebtedness of the state shall be valid unless
the same shall have indorsed thereon a certificate, signed by the
Auditor and Secretary of State showing that the bond or evidence of
debt is issued pursuant to and is within the debt limit. No bond or
evidence of debt of any county, or bond of any township or other
political subdivision shall be valid unless the same have endorsed
thereon a certificate signed by the county auditor, or other officer
authorized by law to sign such certificate, stating that said bond, or
evidence of debt, is issued pursuant to law and is within the debt
limit.

===== ARTICLE XIII. MILITIA. =====

=== Section 188. ===

The milita of this State shall consist of all able- bodied male
persons residing in the state, between the ages of eighteen and
forty-five years, except such as may be exempted by the laws of the
United States or of this State. Persons whose religions tenets or
conscientious scruples forbid them to bear arms shall not be compelled
to do so in times of peace, but shall pay an equivalent for a personal
service.

=== Section 189. ===

The milita shall be enrolled, organized, uniformed, armed and
disciplined in such a manner as shall be provided by law, not
incompatible with the Constitution or laws of the United States.

=== Section 190. ===

The Legislative Assembly shall provide by law for the establishment of
volunteer organizations of the several arms of the service, which
shall be classed as active militia; and no other organized body of
armed men shall be permitted to perform military duty in this State
except the army of the United States without the proclamation of the
Governor of the State.

=== Section 191. ===

All militia officers shall be appointed or elected in such a manner as
the Legislative Assembly shall provide.

=== Section 192. ===

The commissioned officers of the militia shall be commissioned by the
Governor, and no commissioned officer shall be removed from office
except by sentence of court martial, pursuant to law.

=== Section 193. ===

The militia forces shall in all cases, except treason, felony or
breach of the peace, be privileged from arrest during their attendance
at musters, parades and elections of officers, and in going to and
returning from the same.

===== ARTICLE XIV. IMPEACHMENT AND REMOVAL FROM OFFICE. =====

=== Section 194. ===

The House of Representatives shall have the sole power of impeachment.
The concurrence of a majority of all members elected shall be
necessary to an impeachment.

=== Section 195. ===

All impeachments shall be tried by the senate. When sitting for that
purposes the senators shall be upon oath or affirmation to do justice
according to the law and evidence. No person shall be convicted
without the concurrence of two-thirds of the members elected. When the
Governor or Lieutenant Governor is on trial, the presiding judge of
the supreme court shall preside.

=== Section 196. ===

The Governor and other state and judicial officers, except county
judges, justices of the peace, and police magistrates, shall be liable
to impeachment for habitual drunkenness, crimes, corrupt conduct, or
malfeasance or misdemeanor in office, but judgment in such cases shall
not extend further than removal from office and disqualification to
hold any office of trust, or profit under the state. The person
accused, whether convicted or acquitted, shall nevertheless be liable
to indictment, trial, judgment and punishment according to law.

=== Section 197. ===

All officers not liable to impeachment shall be subject to removal for
misconduct, malfeasance, crime or misdemeanor in office, or for
habitual drunkenness or gross incompetency in such manner as may be
provided by law.

=== Section 198. ===

No officer shall exercise the duties of his office after he shall have
been impeached and before his acquittal.

=== Section 199. ===

On trial of impeachment against the Governor, the Lieutenant Governor
shall not act as a member of the court.

=== Section 200. ===

No person shall be tried on impeachment before he shall have been
served with a copy thereof, at least twenty days previous to the day
set for trial.

=== Section 201. ===

No person shall be liable to impeachment twice for the same offense.

===== ARTICLE XV. FUTURE AMENDMENTS. =====

=== Section 202. ===

Any amendment or amendments to this Constitution may be proposed in
either house of the Legislative Assembly; and if the same shall be
agreed to by a majority of the members elected to each of the two
houses, such proposed amendment shall be entered on the journal of the
house with the yeas and nays taken thereon, and referred to the
Legislative Assembly to be chosen at the next general election, and
shall be published, as provided by law, for three months previous to
the time of making such choice, and if in the Legislative Assembly so
next chosen as aforesaid such proposed amendment or amendments shall
be agreed to by a majority of all the members elected to each house,
then it shall be the duty of the Legislative Assembly to submit such
proposed amendment or amendments to the people in such manner and at
such time as the Legislative Assembly shall provide; and if the people
shall approve and ratify such amendment or amendments by a majority of
the electors qualified to vote for members of the Legislative
Assembly voting thereon, such amendment or amendments shall become a
part of the Constitution of this state. If two or more amendments
shall be submitted at the same time they shall be submitted in such
manner that the electors shall vote for or against each of such
amendments separately.

===== ARTICLE XVI. COMPACT WITH THE UNITED STATES. =====

The following article shall be irrevocable without the consent of the
United States and the people of this State.

=== Section 203. ===

First. Perfect toleration of religious sentiment shall be secured, and
no inhabitant of this state shall ever be molested in person or
property on account of his or her mode of religious worship.

Second. The people inhabiting this state do agree and declare that
they forever disclaim all right and title to the unappropriated public
lands lying within the boundaries thereof, and to all lands lying
within said limits owned or held by any Indian or Indian tribes, and
that until the title thereto shall have been extinguished by the
United States, the same shall be and remain subject to the disposition
of the United States, and that said Indian lands shall remain under
the absolute jurisdiction and control of the Congress of the United
States; that the lands belonging to citizens of the United States
residing without this state shall never be taxed at a higher rate than
the lands belonging to residents of this state; that no taxes shall be
imposed by this state on lands or property therein, belonging to, or
which may hereafter be purchased by, the United States, or reserved
for its use. But nothing in this article shall preclude this state
from taxing as other lands are taxed, any lands owned or held by any
Indian who has severed his tribal relations, and has obtained from the
United States or from any person, a title thereto, by patent or other
grant, save and except such lands as have been or may be granted to
any Indian or Indians under any acts of congress containing a
provision exempting the lands thus granted from taxation, which ast
mentioned lands shall be exempt from taxation so long, and to such an
extent, as is, or may be provided in the act of congress granting the
same.

Third. In order that payment of the debts and liabilities contracted
or incurred by and in behalf of the Territory of Dakota may be justly
and equitably provided for and made, and in pursuance of the
requirements of an act of congress approved February 22, 1889,
entitled "An act to provide for the division of Dakota into two states
and to enable the people of North Dakota, South Dakota, Montana and
Washington to form constitutions and state governments and to be
admitted into the Union on an equal footing with the original states,
and to make donations of public lands to such states," the states of
North Dakota and South Dakota, by proceedings of a joint commission,
duly appointed under said act, the sessions whereof were held at
Bismarck in said State of North Dakota, from July 16, 1889, to July
31, 1889, inclusive, have agreed to the following adjustment of the
amounts of the debts and liabilities of the Territory of Dakota which
shall be assumed and paid by each of the States of North Dakota and
South Dakota, respectively, to-wit: This agreement shall take effect
and be in force from and after the admission into the Union, as one of
the United States of America, of either the State of North Dakota or
the State of South Dakota.

The words "State of North Dakota" wherever used in this agreement,
shall be taken to mean the Territory of North Dakota in case the State
of South Dakota shall be admitted into the Union prior to the
admission into the Union of the State of North Dakota; and the words
"State of South Dakota," wherever used in this agreement, shall be
taken to mean the Territory of South Dakota in case the State of North
Dakota shall be admitted into the Union prior to the admission into
the Union of the State of South Dakota.

The said State of North Dakota shall assume and pay all bonds issued
by the Territory of Dakota to provide funds for the purchase,
construction, repairs or maintenance of such public institutions,
grounds or buildings as are located within the boundaries of North
Dakota, and shall pay all warrants issued under and by virtue of that
certain Act of the Legislative Assembly of the Territory of Dakota,
approved March 8, 1889, entitled "An Act to provide for the refunding
of outstanding warrants drawn on the Capitol Building Fund."

The said State of South Dakota shall assume and pay all bonds issued
by the Territory or Dakota to provide funds for the purchase,
construction, repairs or maintenance of such public institutions,
grounds or buildings as are located within the boundaries of South
Dakota.

That is to say: The State of North Dakota shall assume and pay the
following bonds and indebtedness, to-wit:

Bonds issued on account of the Hospital for Insane at Jamestown, North
Dakota, the face aggregate of which is $266,000; also bonds issued on
account of the North Dakota University at Grand Forks, North Dakota,
the face aggregate of which is $96,700; also, bonds issued on account
of the Penitentiary at Bismarck, North Dakota, the face aggregate of
which is $93,600; also, refunding Capitol Building warrants dated
April 1, 1889, $83,507.46.

And the State of South Dakota shall assume and pay the following bonds
and indebtedness, to-wit:

Bonds issued on account of the Hospital for the Insane at Yankton,
South Dakota, the face aggregate of which is $210,000; also, bonds
issued on account of the School for Deaf Mutes, at Sioux Falls, South
Dakota, the face aggregate of which is $51,000; also, bonds issued on
account of the University at Vermillion, South Dakota, the face
aggregate of which is $75,000; also, bonds issued on account of the
Penitentiary at Sioux Falls, South Dakota, the face aggregate of which
is $94,300; also, bonds issued on account of the Agricultural College
at Brookings, South Dakota, the face aggregate of which is $97,500;
also, bonds issued on account of the Normal School at Madison, South
Dakota, the face aggregate of which is $49,400; also, bonds issued on
account of the School of Mines at Rapid City, South Dakota, the face
aggregate of which is $33,000; also, bonds issued on account of the
Reform School at Plankinton, South Dakota, the face aggregate of which
is $30,000; also, bonds issued on account of the Normal School at
Spearfish, South Dakota, the face aggregate of which is $25,000; also
bonds issued on account of the Soldiers' Home at Hot Springs, South
Dakota, the face aggregate of which is $45,000.

The States of North Dakota and South Dakota shall pay one- half each
of all liabilities now existing or hereafter and prior to the taking
effect of this agreement incurred, except those hereto fore or
hereafter incurred on account of public institutions, grounds or
buildings, except as otherwise herein specifically provided.

The State of South Dakota shall pay to the State of North Dakota
$46,500, on account of the excess of Territorial appropriations for
the permanent improvement of territorial institutions which under this
agreement will go to South Dakota, and in full of the undivided
one-half interest of North Dakota in the territorial library, and iu
full settlement of unbalanced accounts, and of all claims against the
territory, of whatever nature, legal or equitable, arising out of the
alleged erroneous or unlawful taxation of Northern Pacific Railroad
lands, and the payment of said amount shall discharge and exempt the
State of South Dakota from all liability for or on account of the
several matters herein before referred to; nor shall either state be
called upon to pay or answer to any portion of liability hereafter
arising or accruing on account of transactions heretofore had, which
liability would be a liability of the Territory of Dakota had such
territory remained in existence, and which liability shall grow out of
matters connected with any public institutions, grounds or buildings
of the territory situated or located within the boundaries of the
other state.

A final adjustment of accounts shall be made upon the following basis:
North Dakota shall be charged with all sums paid on account of the
public institutions, grounds or buildings located within its
boundaries on account of the current appropriations since March 9,
1889, and South Dakota shall be charged with all sums paid on account
of public institutions, grounds or buildings located within its
boundaries on the same account and during the same time. Each state
shall be charged with one-half of all other expenses of the
territorial government during the same time. All moneys paid into the
treasury during the period from March 8, 1889, to the time of taking
effect of this agreement by any county, municipality or person within
the limits of the proposed state of North Dakota, shall be credited to
the State of North Dakota; and all sums paid into said treasury within
the same time by any county, municipality or person within the limits
of the proposed State of South Dakota shall be credited to the State
of South Dakota; except that any and all taxes on gross earnings paid
into said treasury by railroad corporations, since the 8th day of
March, 1889, based upon earnings of years prior to 1888, under and by
virtue of the act of the Legislative Assembly of the Territory of
Dakota, approved March 7, 1889, and entitled "An Act providing for the
levy and collection of taxes upon property of railroad companies in
this Territory," being Chapter 107 of the Session Laws of 1889, (that
is, the part of such sums going to the Territory) shall be equally
divided between the States of North Dakota and South Dakota; and all
taxes heretofore or here after paid into said treasury under and by
virtue of the act last mentioned, based on the gross earnings of the
year 1888, shall be distributed as already provided by law, except
that so much thereof as goes to the territorial treasury shall be
divided as fol lows: North Dakota shall have so much thereof as shall
be or has been paid by railroads within the limits of the proposed
State of North Dakota, and South Dakota so much thereof as shall be or
has been paid by railroads within the limits of the proposed State of
South Dakota; each state shall be credited also with all balances of
appropriations made by the Seventeenth Legislative Assembly of the
Territory of Dakota for the account of the public institutions,
grounds or buildings situated within its limits, remaining unexpended
on March 8, 1889. If there shall be any indebtedness except the
indebtedness represented by the bonds and refunding warrants
hereinbefore mentioned, each state shall at the time of such final
adjustment of accounts, assume its share of said indebtedness as
determined by the amount paid on account of the public institutions,
grounds or buildings of such state in excess of the receipts from
counties, municipalities, railroad corporations or persons within the
limits of said state, as provided in this article ; and if there
should be a surplus at the time of such final adjustment, each state
shall be entitled to the amounts received from counties,
municipalities, railroad corporations or persons within its limits
over and above the amount charged it. And the State of North Dakota
hereby obligates itself to pay such part of the debts and liabilities
of the Territory of Dakota as is declared by the foregoing agreement
to be its proportion thereof, the same as if such proportion had been
originally created by said State of North Dakota as its own debt or
liability.

=== Section 204. ===

Jurisdiction is ceded to the United States over the military
reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and
Fort Totten, heretofore declared by the President of the United
States; Provided, Legal process, civil and criminal, of this state,
shall extend over such reservations in all cases in which exclusive
jurisdiction is not vested in the United States, or of crimes not
committed within the limits of such reservations.

=== Section 205. ===

The State of North Dakota hereby accepts the several grants of land
granted by the United States to the State of North Dakota by an act of
congress entitled "An act to provide for the division of Dakota into
two states, and to enable the people of North Dakota, South Dakota,
Montana and Washington to form Constitutions and state governments,
and to be admitted into the Union on equal footing with the original
states, and to make donations of public lands to such states," under
the conditions and limitations therein mentioned; reserving the right
however to apply to congress for modifications of said conditions and
limitations in case of necessity.

===== ARTICLE XVII. MISCELLANEOUS. =====

=== Section 206. ===

The name of this state shall be "North Dakota." The State of North
Dakota shall consist of all the territory included within the
following boundaries, to-wit: Commencing at a point in the main
channel of the Red River of the north, where the forty-ninth degree of
north latitude crosses the same; thence south up the main channel of
the same and along the boundary line of the State of Minnesota to a
point where the Seventh Standard parallel intersects the same; thence
west along said Seventh Standard parallel produced due west to a point
where it intersects the twenty-seventh meridian of longitude west from
Washington; thence north on said meridian to a point where it
intersects the forty-ninth degree of north latitude; thence east along
said line to place of beginning.

=== Section 207. ===

The following described seal is hereby declared to be and hereby
constituted the Great Seal of the State of North Dakota, to-wit: A
tree in the open field, the trunk of which is surrounded by three
bundles of wheat; on the right a plow, anvil and sledge; on the left a
bow crossed with three arrows, and an Indian on horseback pursuing a
buffalo towards the setting sun; the foliage of the tree arched by a
half circle of forty two stars, surrounded by the motto "Liberty and
Union, Now and Forever, One and Inseparable;" the words "Great Seal"
at the top; the words "State of North Dakota" at the bottom ; "October
1st" on on the left and "1889" on the right. The seal to be two and
one-half inches in diameter.

=== Section 208. ===

The right of the debtor to enjoy the comforts and necessaries of life
shall be recognized by wholesome laws, exempting from forced sale to
all heads of families a homestead the value of which shall be limited
and defined by law, and a reasonable amount of personal property; the
kind and value shall be fixed by law. This section shall not be
construed to prevent liens against the homestead for labor done and
materials furnished in the improvement thereof, in such manner as may
be prescribed by law.

=== Section 209. ===

The labor of children under twelve years of age, shall be prohibited
in mines, factories and workshops in this state.

=== Section 210. ===

All flowing streams and natural water courses shall forever remain the
property of the State for mining, irrigating and manufacturing
purposes.

=== Section 211. ===

Members of the Legislative Assembly and judicial department except
such inferior officers as may be by law exempted shall, before they
enter on the duties of their respective offices, take and subscribe
the following oath or affirmation: "I do solemnly swear (or affirm as
the case may be) that I will support the Constitution of the United
States and the Constitution of the State of North Dakota; and that I
will faithfully discharge the duties of the office of according to the
best of my ability, so help me God," (if an oath), (under pains and
penalties of perjury), if an affirmation, and no other oath,
declaration, or test shall be required as a qualification for any
office or public trust.

=== Section 212. ===

The exchange of "black lists" between corporations shall be
prohibited.

=== Section 213. ===

The real and personal property of any woman in this State, acquired
before marriage, and all property to which she may after marriage
become in any manner rightfully entitled, shall be her separate
property and shall not be liable for the debts of her husband.

===== ARTICLE XVIII. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT.
=====

=== Section 214. ===

Until otherwise provided by law, the member of the House of
Representatives of the United States apportioned to this State, shall
be elected at large.

Until otherwise provided by law, the Senatorial and Representative
Districts shall be formed, and the senators and the representatives
shall be apportioned as follows:

The First District shall consist of the townships of Walhalla, St.
Joseph, Neche, Pembina, Bathgate, Carlisle, Joliet, Midland, Lincoln
and Drayton, in the county of Pembina, and be entitled to one senator
and two representatives.

The Second District shall consist of the townships of St. Thomas,
Hamilton, Cavalier, Akra, Beaulien, Thingvalla, Gardar, Park, Crystal,
Elora and Lodema, in the county of Pembina, and be entitled to one
senator and two representatives.

The Third District shall consist of the townships of Perth, Latona,
Adams, Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon,
Golden, Lampton, Eden, Rushford, Kensington, Dundee, Ops, Prairie
Center, Fertile, Park River and Glenwood, in the county of Walsh, and
be entitled to one senator and two representatives.

The Fourth District shall consist of the townships of Forest River,
Walsh Center, Grafton, Farmington, Ardock, Village of Ardock,
Harrison, City of Grafton, Oakwood, Martin, Walshville, Pulaski,
Ackton, Minto and St. Andrews, in the county of Walsh, and be entitled
to one senator and three representatives.

The Fifth District shall consist of the townships of Gilby, Johnstown,
Strabane, Wheatfield, Hegton, Arvilla, Avon, Northwood, Lind, Grace,
Larimore, and the city of Larimore, Elm Grove, Agnes, Inkster,
Elkmount, Oakwood, Niagara, Moraine, Logan and Loretta in the county
of Grand Forks, and be entitled to one senator and two
representatives.

The Sixth District shall consist of the Third, Fourth, Fifth and Sixth
wards of the city of Grand Forks, as now constituted, and the
townships of Falconer, Harvey, Turtle River, Ferry, Rye, Blooming,
Meckinock, Lakeville and Levant in the county of Grand Forks and be
entitled to one senator and two representatives.

The Seventh District shall consist of the First and Second wards of
the city of Grand Forks, as now constituted, and the townships of
Grand Forks, Brenna, Oakville, Chester, Pleasant View, Fairfield,
Allendale, Walle, Bentru, Americus, Michigan, Union and Washington, in
the county of Grand Forks, and be entitled to one senator and two
representatives.

The Eighth District shall consist of the county of Traill and be
entitled to one senator and four representatives.

The Ninth District shall consist of the township of Fargo and the City
of Fargo in the County of Cass and the fractional township number 139
in range 48, and be entitled to one senator and two representatives.

The Tenth District shall consist of the townships of Noble, Wiser,
Harwood, Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin,
Raymond, Mapleton, Warren, Norman, Elm River, Harmony, Durbin,
Addison, Davenport, Casselton and the City of Casselton, in the County
of Cass, and be entitled to one senator and three representatives.

The Eleventh District shall consist of the townships of Webster, Rush
River, Hunter, Arthur, Amenia, Everest, Maple River, Leonard, Dows,
Erie, Empire, Wheatland, Gill, Walburg, Watson, Page, Rich, Ayr,
Buffalo, Howes, Eldred, Highland, Rochester, Lake, Cornell, Tower,
Hill, Clifton and Pontiac, in the County of Cass, and be entitled to
one senator and three representatives.

The Twelfth District shall consist of the county of Richland and be
entitled to one senator and three representatives.

The Thirteenth District shall consist of the county of Sargent and be
entitled to one senator and two representatives.

The Fourteenth District shall consist of the county of Ransom and be
entitled to one senator and two representatives.

The Fifteenth District shall consist of the county of Barnes and be
entitled to one senator and two representatives.

The Sixteenth District shall consist of the counties of Steele and
Griggs and be entitled to one senator and two representatives.

The Seventeenth District shall consist of the county of Nelson and be
entitled to one senator and one representative.

The Eighteenth District shall consist of the county of Cavalier and be
entitled to one senator and two representatives.

The Nineteenth District shall consist of the counties of Towner and
Rolette and be entitled to one senator and one representative.

The Twentieth District shall consist of the counties of Benson and
Pierce and be entitled to one senator and two representatives.

The Twenty-first District shall consist of the county of Ramsey and be
entitled to one senator and two representatives.

The Twenty-second District shall consist of the counties of Eddy,
Foster and Wells and be entitled one senator and two representatives.

The Twenty-third District shall consist of the county of Stutsman, and
be entitled to one senator and two representatives.

The Twenty-fourth District shall consist of the county of LaMoure, and
be entitled to one senator and one representative.

The Twenty-fifth District shall consist of the county of Dickey, and
be entitled to one senator and two representatives.

The Twenty-sixth District shall consist of the counties of Emmons,
McIntosh, Logan and Kidder, and be entitled to one senator and two
representatives.

The Twenty-seventh District shall consist of the county of Burleigh,
and be entitled to one senator and two representatives.

The Twenty-eighth District shall consist of the counties of Bottineau
and McHenry and be entitled to one senator and one representative.

The Twenty-ninth District shall consist of the counties of Ward,
McLean, and all the unorganized counties laying north of the Missouri
river, and be entitled to one senator and one representative.

The Thirtieth District shall consist of the counties of Morton and
Oliver, and be entitled to one senator and two representatives.

The Thirty-first District shall consist of the counties of Mercer,
Stark and Billings and all the unorganized counties lying south of the
Missouri river, and be entitled to one senator and one representative.

===== ARTICLE XIX. PUBLIC INSTITUTIONS. =====

=== Section 215. ===

The following public institutions of the State are permanently located
at the places hereinafter named, each to have the lands specifically
granted to it by the United States, in the Act of Congress, approved
February 22, 1889, to be disposed of and used in such manner as the
Legislative Assembly may prescribe, subject to the limitations
provided in the article on school and public lands contained in this
Constitution.

First. The seat of government at the city of Bismarck in the county of
Burleigh.

Second. The State University and the School of Mines at the city of
Grand Forks, in the county of Grand Forks.

Third. The Agricultural College at the city of Fargo in the county of
Cass.

Fourth. A State Normal School at the city of Valley City, in the
county of Barnes; and the Legislative Assembly in apportioning the
grant of eighty thousand acres of land for Normal schools made in the
Act of Congress referred to shall grant to the said Normal School at
Valley City as aforementioned, fifty thousand (50,000) acres, and said
lands are hereby appropriated to said institution for that purpose.

Fifth. The school for the deaf and dumb of North Dakota, at the City
of Devils Lake, in the county of Ramsey.

Sixth. A State Reform School at the city of Mandan in the county of
Morton.

Seventh. A State Normal School at the city of Mayville, in the county
of Traill. And the Legislative Assembly in apportioning the grant of
lands made by Congress, in the act aforesaid for State Normal Schools,
shall assign thirty thousand acres to the institution hereby located
at Mayville, and said lands are hereby appropriated for said purpose.

Eighth. A state hospital for the insane at the city of Jamestown, in
the county of Stutsman. And the legislative assembly shall appropriate
twenty thousand acres of the grant of lands made by the act of
congress aforesaid for "other educational and charitable
institutions," to the benefit and for the endowment of said
institution, and there shall be located at or near the city of
Grafton, in the county of Walsh, an institution for the feeble minded
on the grounds purchased by the secretary of the interior for a
penitentiary building.

[ [[https://www.legis.nd.gov/assembly/sessionlaws/1903/sl1903.pdf#page=292|Amended Nov. 8, 1904.]], effective Dec. 8, 1904 ]

=== Section 216. ===

The following named public institutions are hereby permanently located
as hereinafter provided, each to have so much of the remaining grant
of one hundred and seventy thousand acres of land made by the United
States for "Other Educational and Charitable Institutions," as is
allotted below, viz:

First. A Soldiers' Home, when located, or such other charitable
institution as the Legislative Assembly may determine, at Lisbon, in
the county of Ransom, with a grant of forty thousand acres of land.

Second. A Blind Asylum, or such other institution as the Legislative
Assembly may determine, at such place in the county of Pembina as the
qualified electors of said county may determine at an election to be
held as prescribed by the Legislative Assembly, with a grant of thirty
thousand acres.

Third. An Industrial School and School for Manual Training, or such
other educational or charitable institution as the Legislative
Assembly may provide, at the town of Ellendale in the county of
Dickey, with a grant of forty thousand acres.

Fourth. A School of Forestry or such other institution as the
Legislative Assembly may determine, at such place in one of the
counties of McHenry, Ward, Bottineau, or Rollette, as the electors of
said counties may determine by an election for that purpose, to be
held as provided by the Legislative Assembly.

Fifth. A scientific school, or such "other educational or charitable
institution" as the Legislative Assembly may prescribe, at the city of
Wahpeton, county of Richland, with a grant of forty thousand acres ;
Provided, That no other institution of a character similar to any one
of those located by this article shall be established or maintained
without a revision of this Constitution.

===== ARTICLE XX. Prohibition. =====

To be submitted to a separate vote of the people as provided by the
schedule and ordinance.

=== Section 217. ===

No person, association or corporation shall within this State,
manufacture for sale or gift, any intoxicating liquors and no person,
association or corporation shall import any of the same for sale or
gift, or keep or sell or offer the same for sale, or gift, barter or
trade as a beverage. The Legislative Assembly shall by law prescribe
regulations for the enforcement of the provisions of this article and
shall thereby provide suitable penalties for the violation thereof.

===== SCHEDULE. =====

=== Section 1. ===

That no inconvenience may arise from a change of
territorial government to state government, it is declared that all
writs, actions, prosecutions, claims and rights of individuals and
bodies corporate shall continue as if no change of government had
taken place, and all processes which may, be fore the organization of
the judicial department under this Constitution, be issued under the
authority of the Territory of Dakota shall be as valid as if issued in
the name of the State.

=== Section 2. ===

All laws now in force in the Territory of Dakota, which are not
repugnant to this Constitution, shall remain in force until they
expire by their own limitations or be altered or repealed.

=== Section 3. ===

All fines, penalties, forfeitures and escheats accruing to the
Territory of Dakota shall accrue to the use of the states of North
Dakota and South Dakota and may be sued for and recovered by either of
said states as necessity may require.

=== Section 4. ===

All recognizances, bonds, obligations or other undertakings heretofore
taken, or which may be taken before the organization of the judicial
department under this Constitution, shall remain valid, and shall pass
over to, and may be prosecuted in the name of the state; all bonds,
obligations or other undertakings executed to this territory, or to
any officer in his official capacity, shall pass over to the proper
state authority, and to their successors in office, for the uses
therein respectively expressed, and may be sued for and recovered
accordingly; all criminal prosecutions and penal actions which have
arisen, or may arise before the organization of the judicial
department, under this Constitution, <r which shall then be pending,
may be prosecuted to judgment and execution in the name of the state.

=== Section 5. ===

All property, real and personal, and credits, claims and choses in
action belonging to the Territory of Dakota at the time of the
adoption of this Constitution, shall be vested in and become the
property of the States of North Dakota and South Dakota.

=== Section 6. ===

Whenever any two of the judges of the Supreme court of the State,
elected under the provisions of this Constitution shall have qualified
in their offices, the causes then pending in the Supreme court of the
Territory on appeal or writ of error from the district courts of any
county or subdivision within the limits of this State, and the papers,
records and proceedings of said court shall pass into the jurisdiction
and possession of the Supreme court of the State, except as otherwise
provided in the enabling act of Congress, and until so superseded the
Supreme court of the Territory and the judges thereof shall continue,
with like powers and jurisdiction, as if this Constitution had not
been adopted. Whenever the judge of the district court of any district
elected under the provisions of this Constitution shall have qualified
in his office, the several causes then pending in the district court
of the Territory within any county in such district, and the records,
papers and proceedings of said district court, and the seal and other
property pertaining thereto, shall pass into the jurisdiction and
possession of the district court of the State for such county, except
as provided in the enabling act of Congress, and until the district
courts of this Territory shall be superseded in the manner aforesaid,
the said district courts and the judges thereof shall continue with
the same jurisdiction and power to be exercised in the same judicial
districts respect ively as heretofore constituted under the laws of
the Territory.

=== Section 7. ===

Until otherwise provided by law, the seals now in use in the supreme
and district courts of this Territory are hereby declared to be the
seals of the supreme and district courts respectively of the State.

=== Section 8. ===

Whenever this Constitution shall go into effect, the books, records
and papers, and proceedings of the probate court in each county, and
all causes and matters of administration and other matters pending
therein, shall pass into the jurisdiction and possession of the county
court of the same county, and the said county court shall proceed to
final decree or judgment, order or other determination in the said
several matters and causes as the said probate court might have done
if this Constitution had not been adopted. And until the election and
qualification of the judges of the county courts provided for in this
Constitution, the probate judges shall act as the judges of the county
courts within their respective counties, and the seal of the probate
court in each county shall be the seal of the county court therein,
until the said court shall have procured a proper seal.

=== Section 9. ===

The terms "probate court" or "probate judge" whenever occurring in the
statutes of the territory shall, after this Constitution goes into
effect, be held to apply to the county court or county judge.

=== Section 10. ===

All territorial, county and precinct officers, who may be in office at
the time this Constitution takes effect, whether holding their offices
under the authority of the United States or of the Territory, shall
hold and exercise their respective offices, and perform the duties
thereof as prescribed in this Constitution, until their successors
shall be elected and qualified in accordance with the provisions of
this Constitution, and official bonds of all such officers shall
continue in full force and effect as though this Constitution had not
been adopted; and such officers for their term of service, under this
Constitution, shall receive the same salaries and compensation as is
by this Constitution, or by the laws of the territory, provided for
like officers; Provided, That the county and precinct officers shall
hold their offices for the term for which they were elected. There
shall be elected in each organized county in this State, at the
election to be held for the ratification of this Constitution, a clerk
of the district court, who shall hold his office under said election
until his successor is duly elected and qualified. The judges of the
district court shall have power to appoint states attorneys in any
organized county where no such attorneys have been elected, which
appointment shall continue until the general election to be held in
1890, and until his successor is elected and qualified.

=== Section 11. ===

This Constitution shall take effect and be in full force immediately
upon the admission of the territory as a state.

=== Section 12. ===

Immediately upon the adjournment of this Convention the Governor of
the Territory, or in case of his absence or failure to act, the
Secretary of the Territory, or in case of his absence or failure to
act, the President of the Constitutional Convention shall issue a
proclamation, which shall be published and a copy thereof mailed to
the chairman of the board of county commissioners of each county,
calling an election by the people on the first Tuesday in October,
1889, of all the state and district officers created and made elective
by this Constitution. This Constitution shall be submitted for
adoption or rejection at said election to a vote of the electors
qualified by the laws of this territory to vote at all elections. At
the election provided for herein the qualified voters shall vote
directly for or against this Constitution and for or against the
article separately submitted.

=== Section 13. ===

The board of commissioners of the several counties shall there upon
order such election for said day, and shall cause notice thereof to be
given "for the period of 20 days in the manner provided by law." Every
qualified elector of the territory, at the date of said election,
shall be entitled to vote thereat. Said election shall be conducted in
all respects in the same manner as provided by the laws of the
territory for general elections, and the returns for all state and
district officers, and members of the Legislative Assembly, shall be
made to the canvassing board hereinafter provided for.

=== Section 14. ===

The Governor, Secretary and Chief Justice or a majority of them, shall
constitute a board of canvassers to canvass the vote of such election
for all state and district officers aud members of the Legislative
Assembly. The said board shall assemble at the seat of government of
the Territory on the fifteenth day after the day of such election (or
on the following day if such day falls on Sunday), and proceed to
canvass the votes on the adoption of this Constitution and for all
State and district officers and members of the Legislative Assembly in
the manner provided by the laws of the Territory for canvassing the
vote for Delegate to Congress, and they shall issue certificates of
election to the persons found to be elected to said offices severally,
and shall make and file with the Secretary of the Territory an
abstract certified by them, of the number of votes cast for or against
the adoption of the Constitution, and for each person for each of said
offices and of the total number of votes cast in each county.

=== Section 15. ===

All officers elected at such election shall, within sixty days after
the date of the executive proclamation admitting the State of North
Dakota into the Union, take the oath required by this Constitution,
and give the same bond required by the law of the Territory to be
given in case of like officers of the Territory and districts, and
shall thereupon enter upon the duties of their respective offices; but
the Legislative Assembly may require by law all such officers to give
other or further bonds as a condition of their continuance in office.

=== Section 16. ===

The judges of the district court who shall be elected at the election
herein provided for shall hold their offices until the first Monday in
January, 1893, and until their successors are elected and qualified.
All other state officers, except judges of the supreme court, who
shall be elected at the election herein provided for, shall hold their
offices until the first Monday in January, 1891, and until their
successors are elected and qualified. Until otherwise provided by law
the judges of the supreme court snail receive for their services the
salary of four thousand dollars per annum, payable quarterly; and the
district judges shall receive for their services the salary of three
thousand dollars per annum, payable quarterly.

=== Section 17. ===

The Governor-elect of the state immediately upon his qualifying and
entering upon the duties of his office shall issue his proclamation
convening the Legislative Assembly of the State at the seat of
government, on a day to be named in said proclamation, and which shall
not be less than fifteen nor more than forty days after the date of
such proclamation. And said Legislative Assembly after organizing
shall proceed to elect two senators of the United States for the State
of North Dakota; and at said election the two persons who shall
receive a majority of all the votes cast by the said senators and
representatives shall be elected such United States Senators. And the
presiding officers of the senate and house of representatives shall
each certify the election to the Governor and Secretary of the State
of North Dakota; and the Governor and Secretary of State shall certify
the elections of such senators as provided by law.

=== Section 18. ===

At the election herein provided for there shall be elected a
Representative to the Fifty-first Congress of the United States, by
the electors of the state at large.

=== Section 19. ===

It is hereby made the duty of the Legislative Assembly at its first
session to provide for the payment of all debts and indebtedness
authorized to be incurred by the Constitutional Convention of North
Dakota, which shall remain unpaid after the appropriation made by
Congress for the same shall have been exhausted.

=== Section 20. ===

There shall be submitted at the same election at which this
Constitution is submitted for rejection or adoption. Article 20
entitled "prohibition" and persons who desire to vote for said article
shall have written or printed on their ballots "for prohibition," and
all persons desiring to vote against said article shall have written
or printed on their ballots "against prohibition." If it shall appear
according to the returns herein provided for that a majority of all
the votes cast at said election for and against prohibition are for
prohibition, then said Article 20 shall be and form a part of this
Constitution and be in full force and effect as such from the date of
the admission of this state into the Union. But if a majority of said
votes shall appear according to said returns to be "against
prohibition, then said Article 20 shall be null and void, and shall
not be a part of this Constitution.

=== Section 21. ===

The agreement made by the Joint Commission of the Constitutional
Conventions of North Dakota aud South Dakota concerning the records,
books and archives of the Territory of Dakota, is hereby ratified and
confirmed; which agreement is in the words following: --That is to
say--

The following books, records and archives of the Territory of Dakota
shall be the property of North Dakota, to-wit: All records, books and
archives in the offices of the Governor and Secretary of the Territory
(except records of Articles of Incorporation of Domestic Corporations,
returns of election of Delegates to the Constitutional Convention/of
1889 for South Dakota, returns of elections held under the so called
Local Option Law, in counties within the limits of South Dakota, bonds
of Notaries Public appointed for counties within the limits of South
Dakota, papers relating to the organization of counties situate within
the limits of South Dakota, all which records and archives are a part
of the records and archives of said Secretary's office: excepting
also, census returns from counties situate within the limits of South
Dakota and papers relating to requisitions issued upon the application
of officers of counties situate within the limits of South Dakota, all
which are a part of the records and archives of said Governor's
office). And the following records, books and archives shall also be
the property of the State of North Dakota, to-wit:

Vouchers in the office or custody of the Auditor of this Territory
relating to expenditures on account of public institutions, grounds or
buildings situate within the limits of North Dakota. One Warrant
Register in the office of the Treasurer of this territory, being a
record of warrants issued under and by virtue of Chapter 24 of the
laws enacted by the Eighteenth Legislative Assembly of Dakota
Territory All letters, receipts and vouchers in the same office now
filed by counties and pertaining to counties within the limits of
North Dakota. Paid and canceled coupons in the same office
representing interest on bonds of South Dakota which said State of
North Dakota is to assume and pay. Reports of gross earnings of the
year 1888 in the same office, made by corporations operating lines of
railroads situated wholly or mainly within the limits of North Dakota.
Records and papers of the office of the Public Examiner of the Second
District of the territory. Records and papers of the office of the
District Board of Agriculture. Records and papers in the office of the
Board of Pharmacy of the District of North Dakota.

All records, books and archives of the Territory of Dakota which it is
not herein agreed shall be the property of North Dakota, shall be the
property of South Dakota.

The following books shall be copied and the copies shall be the
property of North Dakota and the cost of such copies shall be borne
equally by said States of North Dakota and South Dakota. That is to
say :

Appropriation Ledger for years ending November 1889-90 -- one volume.

The Auditor's Current Warrant Register -- one volume.

Insurance Record for 1889 -- one volume.

Treasurer's Cash Book -- "D."

Assessment Ledger -- "B."

Dakota Territory Bond Register -- one volume.

Treasurer's Current Ledger -- one volume.

The originals of the foregoing volumes which are to be copied shall at
any time after such copying shall have been completed, be delivered on
demand to the proper authorities of the State of South Dakota.

All other records, books and archives which it is hereby agreed shall
be the property of South Dakota, shall remain at the Capitol of North
Dakota until demanded by the Legislature of the State of South Dakota
and until the State of North Dakota shall have had a reasonable time
after such demand is made to provide copies or abstracts of such
portions thereof as the said State of North Dakota may desire to have
copies or abstracts of.

The State of South Dakota may also provide copies or abstracts of such
records, books and archives, which it is agreed shall be the property
of North Dakota, as said State of South Dakota shall desire to have
copies or abstracts of.

The expense of all copies or abstracts of records, books and archives
which it is herein agreed may be made, shall be borne equally by said
two states.

=== Section 22. ===

Should the counties containing lands which form a part of the grant of
lands made by Congress to the Northern Pacific railroad company be
compelled by law to refund moneys paid for such lands or any of them
by purchasers thereof at tax sales thereof, based upon taxes illegally
levied upon -said lands, then and in that case the State of North
Dakota shall appropriate the sum of $25,000, or so much thereof as may
be necessary to reimburse said counties for the amount so received
from said illegal tax sales and paid by said counties into the
treasury of Dakota Territory.

=== Section 23. ===

This Constitution shall after its enrollment be signed by the
President of this Convention and the Chief Clerk thereof and such
delegates as desire to sign the same, whereupon it shall be deposited
in the office of the Secretary of the Territory, where it may be
signed at any time by any delegate who shall be prevented from signing
the same for any reasons at the time of the adjournment of this
Convention.

=== Section 24. ===

In case the territorial officers of the Territory of Dakota, or any of
them who are now required by law to report to the Governor of the
Territory, annually or biennially, shall prepare and publish such
reports covering the transactions of their offices up to the time of
the admission of the State of North Dakota into the Union, the
Legislative Assembly shall make sufficient appropriations to pay
one-half of the cost of such publication.

=== Section 25. ===

The Governor and Secretary of the Territory are hereby authorized to
make arrangements for the meeting of the first Legislative Assembly,
and the inauguration of the State government.

=== Section 26. ===

The Legislative Assembly shall provide for the editing, and for the
publication, in an independent volume, of this Constitution, as soon
as it shall take effect, and whenever it shall be altered or amended,
and shall cause to be published in the same volume the Declaration of
Independence, the Constitution of the United States and the Enabling
Act.

Done at Bismarck, Dakota, in open Convention, this 17th day of August,
A. D. 1889.

John G. Hamilton, F. B. Fancher,

Chief Clerk. President.

===== AMENDMENT TO CONSTITUTION. =====

==== ARTICLE I. ====

The Legislative Assembly shall have no power to authorize lotteries or
gift enterprises for any purpose and shall pass laws to prohibit the
sale of lottery or gift enterprise tickets.

[[https://www.legis.nd.gov/assembly/sessionlaws/1893/sl1893.pdf#page=291|(Ratified by popular vote Nov. 6, 1894)]]

==== ARTICLE II. ====

Sec. 121. Every male person of the age of twenty-one years or upwards,
belonging to either of the following classes, who shall have resided
in the state one year and in the county six months, and in the
precinct ninety days next preceding any election, shall be a qualified
elector at such election:

First - Citizens of the United States.

Second - Civilized persons of Indian descent who shall have severed
their tribal relations two years next preceding such election.

Sec. 127. No person who is under guardianship, non compos mentis or
insane shall be qualified to vote at any election; nor any person
convicted of treason or felony, unless restored to civil rights; and
the legislature shall by law establish an educational test as a
qualification, and may prescribe penalties for failing, neglecting or
refusing to vote at any general election.

[[https://www.legis.nd.gov/assembly/sessionlaws/1897/sl1897.pdf#page=426 |(Ratified by popular vote Nov. 8, 1898.)]]

==== ARTICLE III. ====

Sec. 76. The governor shall have power in conjunction with the board
of pardons, of which the governor shall be ex-officio a member and the
other members of which shall consist of the attorney general of the
state of North Dakota, the chief justice of the supreme court of the
state of North Dakota, and two qualified electors who shall be
appointed by the governor, to remit fines and forfeitures, to grant
reprieves, comumutations and pardons after conviction for all offenses
except treason and cases of impeachment; but the legislative assembly
may by law regulate the manner in which the remission of fines,
pardons, commutations and reprieves may be applied for. Upon
conviction of treason the governor shall have the power to suspend the
execution of sentence until the case shall be reported to the
legislative assembly at its next regular session, when the legislative
assembly shall either pardon or commute the sentence, direct the
execution of the sentence or grant further reprieve. The governor
shall communicate to the legislative assembly at each regular session
each case of remission of fine, reprieve, commutation or pardon granted
by the board of pardons, stating the name of the convict, the crime
for which he is convicted, the sentence and its date and the date of
remission, commutation, pardon or reprieve, with their reasons for
granting the same.

[[https://www.legis.nd.gov/assembly/sessionlaws/1899/sl1899.pdf#page=256|(Ratified by popular vote Nov. 6, 1900.)]]

==== ARTICLE IV. ====

Sec. 179. All property, except as hereinafter in this section
provided, shall be assessed in the county, city, township, village or
district in which it is situated, in the manner prescribed by law. The
franchise, roadway, roadbed, rails and rolling stock of all railroads,
and the franchise and all other property of all express companies,
freight line companies, car equipment companies, sleeping car
companies, dining car companies, telegraph or telephone companies or
corporations operated in this state and used directly or indirectly in
the carrying of persons, property or messages, shall be assessed by
the state board of equalization at their actual value, and such
assessed value shall be apportioned to the counties, cities, towns.
villages, townships and districts in which such railroad companies,
express companies, sleeping car companies, dining car companies,
telegraph and telephone companies are located, or through which they
are operated, as a basis for the taxation of such property, in
proportion to the number of miles of such property within such
counties, cities, towns, villages, townships and districts, or over
which any part of such property is used or operated within such
counties, towns, villages, townships and districts.  But should any
railroad allow any portion of its roadway to be used for any purpose
other than the operation of a railroad thereon, such portion of its
roadway, while so used, shall be assessed in the manner provided for
the assessment of other real property.

[[https://www.legis.nd.gov/assembly/sessionlaws/1899/sl1899.pdf#page=257|(Ratified by popular vote Nov. 6, 1900.)]]

==== ARTICLE V. ====

Subdivision 5 of section 215.

Fifth. The school for the deaf and dumb of North Dakota, at the City
of Devils Lake, in the county of Ramsey.

[[https://www.legis.nd.gov/assembly/sessionlaws/1903/sl1903.pdf#page=293|(Approved and ratified Nov. 8, 1904.)]]

==== ARTICLE VI. ====

Subdivision 8 of section 215.

Eighth. A state hospital for the insane at the city of Jamestown, in
the county of Stutsman. And the legislative assembly shall appropriate
twenty thousand acres of the grant of lands made by the act of
congress aforesaid for "other educational and charitable
institutions," to the benefit and for the endowment of said
institution, and there shall be located at or near the city of
Grafton, in the county of Walsh, an institution for the feeble minded
on the grounds purchased by the secretary of the interior for a
penitentiary building.

[[https://www.legis.nd.gov/assembly/sessionlaws/1903/sl1903.pdf#page=292|(Approved and ratified Nov. 8, 1904.)]]

==== ARTICLE VII. ====

Addenda to section 176: The legislative assembly may further provide
that grain grown within the state and held therein in elevators,
warehouses and granaries may be taxed at a fixed rate.

[[https://www.legis.nd.gov/assembly/sessionlaws/1903/sl1903.pdf#page=291|(Approved and ratified Nov. 8, 1904.)]]