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-====== 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 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 4. 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 5. 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 6. Neither slavery nor involuntary servitude, unless for the punishment
-of crime, shall ever be tolerated in this state.
-Section 7 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. The right of trial by jury shall be secured to all, and remain
-inviolate. A person accused of a crime for which he may be confined for a period
-of more than one year has the right of trial by a jury of twelve. The
-legislative assembly may determine the size of the jury for all other cases,
-provided that the jury consists of at least six members. All verdicts must be
-unanimous.
-Section 14. 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 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. 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, unless the owner chooses to accept annual payments as may be provided for
-by law. No right of way shall be appropriated to the use of any corporation
-until full compensation therefor be first made in money or ascertained and paid
-into court for the owner, unless the owner chooses annual payments as may be
-provided by law, irrespective of any benefit from any improvement proposed by
-such corporation.  Compensation shall be ascertained by a jury, unless a jury be
-waived. When the state or any of its departments, agencies or political
-subdivisions seeks to acquire right of way, it may take possession upon making
-an offer to purchase and by depositing the amount of such offer with the clerk
-of the district court of the county wherein the right of way is located.  The
-clerk shall immediately notify the owner of such deposit.  The owner may
-thereupon appeal to the court in the manner provided by law, and may have a jury
-trial, unless a jury be waived, to determine the damages, which damages the
-owner may choose to accept in annual payments as may be provided for by law.
-Annual payments shall not be subject to escalator clauses but may be
-supplemented by interest earned.
-Section 17. 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 18. No bill of attainder, ex post facto law, or law impairing the
-obligations of contracts shall ever be passed.
-Section 19. 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 20. 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.
-Section 21. 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 22. All laws of a general nature shall have a uniform operation.
-Section 23. 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 24. The provisions of this constitution are mandatory and prohibitory
-unless, by express words, they are declared to be otherwise.
-===== ARTICLE II. ELECTIVE FRANCHISE =====
-Section 1. The general election of the state shall be held biennially as
-provided by law.
-Every citizen of the United States, who has attained the age of eighteen years
-and who is a North Dakota resident, shall be a qualified elector. When an
-elector moves within the state, he shall be entitled to vote in the precinct
-from which he moves until he establishes voting residence in another precinct.
-The legislative assembly shall provide by law for the determination of residence
-for voting eligibility, other than physical presence. No elector shall lose his
-residency for voting eligibility solely by reason of his absence from the state.
-The legislative assembly shall provide by law for secrecy in voting, for
-absentee voting, for administration of elections and for the nomination of
-candidates.
-Section 2. No person who has been declared mentally incompetent by order of a
-court or other authority having jurisdiction, which order has not been
-rescinded, shall be qualified to vote. No person convicted of a felony shall be
-qualified to vote until his or her civil rights are restored.
-===== ARTICLE III. POWERS RESERVED TO THE PEOPLE =====
-Section 1. While the legislative power of this state shall be vested in a
-legislative assembly consisting of a senate and a house of representatives, the
-people reserve the power to propose and enact laws by the initiative, including
-the call for a constitutional convention; to approve or reject legislative Acts,
-or parts thereof, by the referendum; to propose and adopt constitutional
-amendments by the initiative; and to recall certain elected officials. This
-article is self-executing and all of its provisions are mandatory. Laws may be
-enacted to facilitate and safeguard, but not to hamper, restrict or impair these
-powers.
-Section 2. A petition to initiate or to refer a measure shall be presented to
-the secretary of state for approval as to form. A request for approval shall be
-presented over the names and signatures of twenty-five or more electors as
-sponsors, one of whom shall be designated as chairman of the sponsoring
-committee. The secretary of state shall approve the petition for circulation if
-it is in proper form and contains the names and addresses of the sponsors and
-the full text of the measure.
-Section 3. The petition shall be circulated only by electors. They shall swear
-thereon that the electors who have signed the petition did so in their presence.
-Each elector signing a petition shall also write in the date of signing and his
-post-office address. No law shall be enacted limiting the number of copies of a
-petition. The copies shall become part of the original petition when filed.
-Section 4. The petition may be submitted to the secretary of state if signed by
-electors equal in number to two percent of the resident population of the state
-at the last federal decennial census.
-Section 5. An initiative petition shall be submitted not less than ninety days
-before the statewide election at which the measure is to be voted upon. A
-referendum petition may be submitted only within ninety days after the filing of
-the measure with the secretary of state. The submission of a petition shall
-suspend the operation of any measure enacted by the legislative assembly except
-emergency measures and appropriation measures for the support and maintenance of
-state departments and institutions. The submission of a petition against one or
-more items or parts of any measure shall not prevent the remainder from going
-into effect. A referred measure may be voted upon at a statewide election or at
-a special election called by the governor.
-Section 6. The secretary of state shall pass upon each petition, and if he finds
-it insufficient, he shall notify the "committee for the petitioners" and allow
-twenty days for correction or amendment. All decisions of the secretary of state
-in regard to any such petition shall be subject to review by the supreme court.
-But if the sufficiency of such petition is being reviewed at the time the ballot
-is prepared, the secretary of state shall place the measure on the ballot and no
-subsequent decision shall invalidate such measure if it is at such election
-approved by a majority of the votes cast thereon. If proceedings are brought
-against any petition upon any ground. the burden of proof shall be upon the
-party attacking it.
-Section 7. All decisions of the secretary of state in the petition process are
-subject to review by the supreme court in the exercise of original jurisdiction.
-If his decision is being reviewed at the time the ballot is prepared, he shall
-place the measure on the ballot and no court action shall invalidate the measure
-if it is approved at the election by a majority of the votes cast thereon.
-Section 8. If a majority of votes cast upon an initiated or a referred measure
-are affirmative, it shall be deemed enacted. An initiated or referred measure
-which is approved shall become law thirty days after the election, and a
-referred measure which is rejected shall be void immediately. If conflicting
-measures are approved, the one receiving the highest number of affirmative votes
-shall be law. A measure approved by the electors may not be repealed or amended
-by the legislative assembly for seven years from its effective date, except by a
-two-thirds vote of the members elected to each house.
-Section 9. A constitutional amendment may be proposed by initiative petition. If
-signed by electors equal in number to four percent of the resident population of
-the state at the last federal decennial census, the petition may be submitted to
-the secretary of state. All other provisions relating to initiative measures
-apply hereto.
-Section 10. Any elected official of the state, of any county or of any
-legislative or county commissioner district shall be subject to recall by
-petition of electors equal in number to twenty-five percent of those who voted
-at the preceding general election for the office of governor in the state,
-county, or district in which the official is to be recalled.
-The petition shall be filed with the official with whom a petition for
-nomination to the office in question is filed, who shall call a special election
-if he finds the petition valid and sufficient. No elector may remove his name
-from a recall petition.
-The name of the official to be recalled shall be placed on the ballot unless he
-resigns within ten days after the filing of the petition. Other candidates for
-the office may be nominated in a manner provided by law. When the election
-results have been officially declared, the candidate receiving the highest
-number of votes shall be deemed elected for the remainder of the term.  No
-official shall be subject twice to recall during the term for which he was
-elected.
-===== ARTICLE IV. LEGISLATIVE BRANCH =====
-Section 1. The senate and house of representatives jointly shall be designated
-as the legislative assembly of the state of North Dakota.
-Section 2. [Unconstitutional.]
-Section 3. Senators shall be elected for the term of four years, except as
-hereinafter provided.
-Section 4. Each person elected as a senator must be, on the day of his election,
-a qualified elector in the district from which he is chosen and have been a
-resident of the state for one year next preceding his election.
-Section 5. [Unconstitutional.]
-Section 6. 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 7. 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 8. The house of representatives shall be composed of not less than
-sixty, nor more than one hundred forty members.
-Section 9. Representatives shall be elected for the term of two years.
-Section 10. Each person elected as a representative must be, on the day of his
-election, a qualified elector in the district from which he is chosen and have
-been a resident of the state for one year next preceding his election.
-Section 11. [Unconstitutional.]
-Section 12. The house of representatives shall elect one of its members as
-speaker.
-Section 13. 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 14. 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 influence 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 preposed 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 proposition 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 15. 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 16. The term of service of the members of the legislative assembly shall
-begin on the first day of December following their election, or at such other
-time as may be prescribed by law.
-Section 17. 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 18. The governor or any officer of this state, or any manager or
-executive head or other person employed either directly or indirectly in any
-department bureau, commission, institution, or industry of this state, or any
-member of any state board shall not appoint a member of the legislative assembly
-to any civil office or employment of any nature whatsoever, during the term for
-which said member of the legislative assembly shall have been elected. No member
-of the legislative assembly shall accept any such appointment to civil office or
-other employment during the term for which he was elected.
-Section 19. The governor shall issue writs of election to fill such vacancies as
-may occur in either house of the legislative assembly.
-Section 20. The members of the legislative assembly shall in all cases 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 words used in any speech or debate in either house,
-they shall not be questioned in any other place.
-Section 21. 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 22. The legislative assembly shall meet at the seat of government in the
-month of December following the election of the members thereof for
-organizational and orientation purposes as provided by law and shall thereafter
-recess until twelve o'clock noon on the first Tuesday after the third day in
-January or at such other time as may be prescribed by law but not later than the
-eleventh day of January.
-Section 23. Each regular session of the legislative assembly shall not exceed
-eighty natural days during the biennium. The organizational meeting of the
-legislative assembly as provided in article IV, section 22, shall not be counted
-as part of such eighty natural days, nor shall days spent in session at the call
-of the governor pursuant to article V, section 5, or while engaged in
-impeachment proceedings, be counted. Days spent in regular session need not be
-consecutive, and the legislative assembly may authorize its committees to meet
-at any time during the biennium. As used in this section, a "natural day" means
-a period of twenty-four consecutive hours.
-Section 24. 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 25. 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 26. Each house shall be the judge of the election returns and
-qualifications of its own members.
-Section 27. 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 28. All sessions of the legislative assembly, including the committee of
-the whole and meetings of legislative committees, shall be open to the public.
-Section 29. 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 30. 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 31. Any bill may originate in either house of the legislative assembly,
-and a bill passed by one house may be amended by the other.
-Section 32. 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 33. 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 34. The enacting clause of every law shall be as follows: Be it enacted
-by the Legislative Assembly of the State of North Dakota.
-Section 35. 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 36. 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 37. Every bill shall be read two separate times, but the first and
-second readings may not be upon the same day: and the first reading may be by
-title of the bill only, unless upon such first reading, a reading at length is
-demanded. The second reading shall be at length. No legislative day shall be
-shorter than the natural day.
-Section 38. 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
-reenacted and published at length.
-Section 39. No bill shall become a law; except by a vote of a majority of all
-the members-elect in the house of representatives, and a vote of the majority of
-the members-elect in the senate, however the lieutenant governor may vote as
-provided in article V, section 7, in the event the senate is equally divided,
-nor unless, on its final passage, the vote taken by yeas and nays, and the names
-of those voting be entered on the journal.
-Section 40. 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 41. No Act of the legislative assembly shall take effect until July
-first after the close of the session, unless the legislature by a vote of
-two-thirds of the members present and voting, in each house, shall declare it an
-emergency measure, which declaration shall be set forth in the Act provided
-however, that no Act granting a franchise or special privilege, or Act creating
-any vested right or interest other than in the state, shall be declared an
-emergency measure. An emergency measure shall take effect and be in force from
-and after its passage and approval by the governor.
-Section 42. The legislative assembly shall pass all laws necessary to carry into
-effect the provisions of this constitution.
-Section 43. The legislative assembly shall not pass local
-or special laws in any of [the] following enumerated cases, that
-is to say:
-. For granting divorces.
-. Laying out, opening, altering or working roads or highways, vacating roads,
-town plats, streets, alleys or public grounds.
-. Locating or changing county seats.
-. Regulating county or township affairs.
-. Regulating the practice of courts of justice.
-. [Repealed.]
-. Changing the rules of evidence in any trial or inquiry.
-. Providing for changes of venue in civil or criminal cases.
-. Declaring any person of age.
-. For limitation of civil actions, or giving effect to informal or invalid
-deeds.
-. Summoning or impaneling grand or petit juries.
-. Providing for the management of common schools.
-. Regulating the rate of interest on money.
-. The opening or conducting of any election or designating the place of
-voting.
-. The sale or mortgage of real estate belonging to minors or others under
-disability.
-. Chartering or licensing ferries, toll bridges or toll roads.
-. Remitting fines, penalties or forfeitures.
-. Creating, increasing or decreasing fees, percentages or allowances of public
-officers.
-. Changing the law of descent.
-. Granting to any corporation, association or individual the right to lay down
-railroad tracks, or any special or exclusive privilege, immunity or franchise
-whatever.
-. For the punishment of crimes.
-. Changing the names of persons or places.
-. For the assessment or collection of taxes.
-. Affecting estates of deceased persons, minors or others under legal
-disabilities.
-. Extending the time for the collection of taxes.
-. Refunding money into the state treasury.
-. 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.
-. Legalizing, except as against the state, the unauthorized or invalid act of
-any officer.
-. Exempting property from taxation.
-. Restoring to citizenship persons convicted of infamous crimes.
-. Authorizing the creation, extension or impairing of liens.
-. 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.
-. Incorporation of cities, towns or villages, or changing or amending the
-charter of any town, city or village.
-. Providing for the election of members of the board of supervisors in
-townships, incorporated towns or cities.
-. The protection of game or fish.
-Section 44. 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.
-Section 45. Any amendment or amendments to the constitution of the state may be
-proposed in either house of the legislature, and if the same shall be agreed to
-upon roll call by a majority of the members elected to each house, it shall be
-submitted to the electors and if a majority of the votes cast thereon are
-affirmative, such amendment shall be a part of this constitution.
-===== ARTICLE V. EXECUTIVE BRANCH =====
-Section 1. 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 four years
-beginning in the year 1965, and until his successor is elected and duly
-qualified.
-Section 2. 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 3. 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 4. The governor and lieutenant governor shall be elected upon a joint
-ballot by the qualified electors of the state beginning with elections held in
-. A single vote shall be cast upon a joint ballot by each qualified elector
-for the joint candidates representing the political party or affiliation of his
-choice. The joint candidates having the highest number of votes shall be
-declared elected, but if two or more joint candidates shall have an equal and
-highest number of votes for governor and lieutenant governor, the two houses of
-the legislative assembly at its next regular session shall forthwith in joint
-session choose one pair of such joint candidates for said offices. The returns
-of the election for governor and lieutenant governor shall be made in such
-manner as shall be prescribed by law.
-Section 5. 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 extraordinary occasions. He shall at the commencement of each
-session communicate to the legislative assembly by message, information 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 6. The governor shall have power in conjunction with the board of pardon
-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, commutations 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 for
-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 pardon, stating the name of the convict, the crime for which he is
-convicted, the sentence and its date and the date of the remission, commutation,
-pardon or reprieve, with their reasons for granting the same.
-Section 7. The powers and duties of the lieutenant governor shall be to serve as
-president of the senate, and he may, when the senate is equally divided, vote on
-procedural matters, and on substantive matters if his vote would be decisive.
-Additional duties shall be prescribed by the governor.  If, during the 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 8. 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 9. Every bill which shall have passed the legislative assembly shall
-before it becomes a law, be presented to the governor. If he approves, he shall
-sign, but if not, he shall return it witn 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 tne 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 10. 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 11. 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 hereafter, 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 12. 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, an attorney general, a commissioner of agriculture and labor, and a
-tax commissioner, who shall have attained the age of twenty-five years and shall
-have the qualifications of state electors. They shall severally hold their
-offices at the seat of government for the term of four years beginning with the
-year 1965, and until their successors are elected and duly qualified; but no
-person shall be eligible for the office of treasurer for more than two
-consecutive terms.
-The tax commissioner shall be elected on a no-party ballot and he shall be
-nominated and elected in the manner now provided for the nomination and election
-of the superintendent of public instruction.
-The board of railroad commissiorers shall hereafter be known as the public
-service commission and the members of the board of railroad commissioners as
-public service commissioners and the powers and duties now or hereafter granted
-to and conferred upon the board of railroad commissioners are hereby transferred
-to the public service commission.
-The public service commissioners shall have the qualifications of state
-electors, have attained the age of twenty-five years, be chosen by the qualified
-electors of the state at the times and places of choosing members of the
-legislative assembly, hold office at the seat of government and until their
-successors are elected and duly qualified. As each of the three public service
-commissioners now holding office completes his term, his successor shall be
-elected for a term of six years.
-The legislative assembly may by law provide for a department of labor, which, if
-provided for, shall be separate and distinct from the department of agriculture,
-and shall be administered by a public official who may be either elected or
-appointed, whichever the legislative assembly shall declare; and if such a
-department is established the commissioner of agriculture and labor provided for
-above shall become the commissioner of agriculture.
-Section 13. The powers and duties of the secretary of state, auditor, treasurer,
-superintendent of public instruction, commissioner of insurance, commissioners
-of railroads, attorney general and commissioner of agriculture and labor shall
-be prescribed by law. In the event that the legislative assembly shall establish
-a separate and distinct department of labor, the powers and duties of the
-officer administering such department of labor shall be prescribed by law.
-===== ARTICLE VI. JUDICIAL BRANCH =====
-Section 1. The judicial power of the state is vested in a unified judicial
-system consisting of a supreme court, a district court, and such other courts as
-may be prov1ded by law.
-Section 2. The supreme court shall be the highest court of the state. It shall
-have appellate jurisdiction, and shall also have original jurisdiction with
-authority to issue, hear, and determine such original and remedial writs as may
-be necessary to properly exercise its jurisdiction. The supreme court shall
-consist of five justices, one of whom shall be designated chief justice in the
-manner provided by law.
-Section 3. The supreme court shall have authority to promulgate rules of
-procedure. including appellate procedure, to be followed by all the courts of
-this state; and, unless otherwise provided by law, to promulgate rules and
-regulations for the admission to practice, conduct, disciplining, and disbarment
-of attorneys at law.
-The chief justice shall be the administrative head of the unified judicial
-system. He may assign judges, including retired judges, for temporary duty in
-any court or district under such rules and regulations as may be promulgated by
-the supreme court.
-The chief justice shall appoint a court administrator for the unified judicial
-system. Unless otherwise provided by law, the powers, duties, qualifications,
-and terms of office of the court administrator, and other court officials. shall
-be as provided by rules of the court.
-Section 4. A majority of the supreme court shall be necessary to constitute a
-quorum or to pronounce a dec1sion, provided that the supreme court shall not
-declare a legislative enactment unconstitutional unless at least four of the
-members of the court so decide.
-Section 5. When a judgment or order is reversed, modified, or confirmed by the
-supreme court, the reasons shall be concisely stated in writing, signed by the
-justices concurring, filed in the office of the clerk of the supreme court, and
-preserved with a record of the case. Any justice dissenting may give the reason
-for his dissent in writing over his signature.
-Section 6. Appeals shall be allowed from decisions of lower courts to the
-supreme court as may be provided by law.
-Section 7. The justices of the supreme court shall be chosen by the electors of
-the state for ten-year terms, so arranged that one justice is elected every two
-years. They shall hold office until their successors are duly qualified, and
-shall receive compensation as provided by law, but the compensation of any
-justice shall not be diminished during his term of office.
-Section 8. The district court shall have original jurisdiction of all causes,
-except as otherwise provided by law, and such appellate jurisdiction as may be
-provided by law or by rule of the supreme court. The district court shall have
-authority to issue such writs as are necessary to the proper exercise of its
-jurisdiction.
-Section 9. The state shall be divided into judicial districts by order of the
-supreme court. In each district, one or more judges, as provided by law, shall
-be chosen by the electors of the district. The term of office shall be six
-years, and a district judge shall hold office until his successor is duly
-qualified. The compensation of district judges shall be fixed by law, but the
-compentation of any district judge shall not be diminished during his term of
-office.
-Section 10. Supreme court justices and district court judges shall be citizens
-of the United States and residents of this state, shall be learned in the law,
-and shall possess any additional qualifications prescribed by law. Judges of
-other courts shall be selected for such terms and shall have such qualifications
-as may be prescribed by law.
-No justice of the supreme court or judge of the district court of this state
-shall engage in the practice of law, or hold any public office, elective or
-appointive, not judicial in nature. No duties shall be imposed by law upon the
-supreme court or any of the justices thereof, except such as are judicial, nor
-shall any of the justices exercise any power of appointment except as herein
-provided. No judge of any court of this state shall be paid from the fees of his
-office, nor shall the amount of his compensation be measured by fees, other
-moneys received, or the amount of judicial activity of his office.
-Section 11. when any justice or judge has a conflict of interest in a pending
-cause or is unable to sit in court because he is physically or mentally
-incapacitated, the chief justice, or a justice acting in his stead, shall assign
-a judge, or retired justice or judge, to hear the cause.
-Section 12. The legislative assembly may provide for the retirement, discipline,
-and removal of judges. The removal procedure provided for herein may be used in
-addition to the impeachment proceedings provided for in article XI, sections 8,
-, and 10, and removal provided for in article XI, section 11.
-Section 12.1. The legislative assembly may provide for the retirement,
-discipline and removal of judges of the supreme court and district court. The
-removal procedure provided for herein may be used in addition to the impeachment
-proceedings provided for in article XI, sections 8, 9, and 10.
-Section 13. A judicial nominating committee shall be established by law. Any
-vacancy in the office of supreme court justice or district court judge shall be
-filled by appointment by the governor from a list of candidates nominated by the
-committee, unless the governor calls a special election to fill the vacancy for
-the remainder of the term. An appointment shall continue until the next general
-election, when the office shall be filled by election for the remainder of the
-term.
-===== ARTICLE VII. POLITICAL SUBDIVISIONS =====
-Section 1. The purpose of this article is to provide for maximum local
-self-government by all political subdivisions with a minimum duplication of
-functions.
-Section 2. The legislative assembly shall provide by law for the establishment and the
-government of all political subdivisions.  Each political subdivision shall have
-and exercise such powers as provided by law.
-Section 3. The several counties of the state of North Dakota as they now exist
-are hereby declared to be counties of the state of North Dakota.
-Section 4. The legislative assembly shall provide by law for relocating county
-seats within counties, but it shall have no power to remove the county seat of
-any county.
-Section 5. Methods and standards by which all or any portion of a county or
-counties may be annexed, merged, consolidated, reclassified, or dissolved shall
-be as provided by law. No portion of any county or counties shall be annexed,
-merged, consolidated, or dissolved unless a majority of the electors of each
-affected county voting on the question so approve.
-Section 6. The legislative assembly shall provide by law for the establishment
-and exercise of home rule in counties and cities.  No home rule charter shall
-become operative in any county or city until submitted to the electors thereof
-and approved by a majority of those voting thereon. In granting home rule powers
-to cities, the legislative assembly shall not be restricted by city debt
-limitations contained in this constitution.
-Section 7. The legislative assembly shall also provide by law for optional forms
-of government for counties, but no optional form of government shall become
-operative in any county until submitted to the electors thereof at a special or
-general election, and approved by a majority of those voting thereon.
-Until one of the optional forms of county government is adopted by any county,
-the fiscal and administrative affairs of the county shall be governed by a board
-of county commissioners as provided by law.
-Section 8. Each county shall provide for law enforcement, administrative and
-fiscal services, recording and registration services, educational services, and
-any other governmental services or functions as may be provided by law. Any
-elective county office shall be for a term of four years.
-Section 9. Questions of the form of government to be adopted by any county or on
-the elimination or reinstatement of elective county offices may be placed upon
-the ballot by petition of electors of the county equal in number to twenty-five
-percent of the votes cast in the county for the office of governor at the
-preceding gubernatorial election.
-Section 10. Agreements, including those for cooperative or joint administration
-of any powers or functions, may be made by any political subdivision with any
-other political subdivision, with the state, or with the United States, unless
-otherwise provided by law or home rule charter. A political subdivision may by
-mutual agreement transfer to the county in which it is located any of its powers
-or functions as provided by law or home rule charter, and may in like manner
-revoke the transfer.
-Section 11. The power of the governing board of a city to franchise the
-construction and operation of any public utility or similar service within the
-city shall not be abridged by the legislative assembly.
-===== ARTICLE VIII. EDUCATION =====
-Section 1. A high degree of intelligence, patiotism, 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 2. The legislative assembly shall provide for a uniform system of free
-public schools throughout the state, beginning with the primary and extending
-through all grades up to and including schools of higher education, except that
-the legislative assembly may authorize tuition, fees and service charges to
-assist in the financing of public schools of higher education.
-Section 3. 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 4. 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
-improvements.
-Section 5. 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.
-Section 6.
-. A board of higher education, to be officially known as the state board of
-higher education, is hereby created for the control and administration of the
-following state educational institutions, to wit:
-a. The state university and school of mines, at Grand Forks, with their
-substations.
-b. The state agricultural college and experiment station, at Fargo, with their
-substations.
-c. The school of science, at Wahpeton.
-d. The state normal schools and teachers colleges, at Valley City, Mayville,
-Minot, and Dickinson.
-e. The school of forestry, at Bottineau.
-f. And such other state institutions of higher education as may hereafter be
-established.
-. a. The state board of higher education shall consist of seven members, all of
-whom shall be qualified electors and taxpayers of the state, and who shall have
-resided in this state for not less than five years immediately preceding their
-appointment, to be appointed by the governor, by and with the consent of the
-senate, from a list of names selected as hereinafter provided.
-There shall not be on said board more than one graduate of any one of the
-institutions under the jurisdiction of the state board of higher education at
-any one time. No person employed by any institution under the control of the
-board shall serve as a member of the board, nor shall any employee of any such
-institution be eligible for membership on the state board of higher education
-for a period of two years following the termination of his employment.
-On or before the first day of February, 1939, the governor shall nominate from a
-list of three names for each position, selected by the unanimous action of the
-president of the North Dakota educational association, the chief justice of the
-supreme court, and the superintendent of public instruction, and, with the
-consent of a majority of the members-elect of the senate, shall appoint from
-such list as such state board of higher education seven members, whose terms
-shall commence on the first day of July, 1939, one of which terms shall expire
-on the thirtieth day of June, 1940, and one on the thirtieth day of June in each
-of the years 1941, 1942, 1943, 1944, 1945, and 1946. The term of office of
-members appointed to fill vacancies at the expiration of said terms shall be for
-seven years, and in the case of vacancies otherwise arising, appointments shall
-be made only for the balance of the term of the members whose places are to be
-filled.
-b. In the event any nomination made by the governor is not consented to and
-confirmed by the senate as hereinbefore provided, the governor shall again
-nominate a candidate for such office, selected from a new list, prepared in the
-manner hereinbefore provided, which nomination shall be submitted to the senate
-for confirmation, and said proceedings shall be continued until such
-appointments have been confirmed by the senate, or the session of the
-legislature shall have adjourned.
-c. When any term expires or a vacancy occurs when the legislature is not in
-session, the governor may appoint from a list selected as hereinbefore provided,
-a member who shall serve until the opening of the next session of the
-legislature, at which time his appointment shall be certified to the senate for
-confirmation, as above provided; and if the appointment be not confirmed by the
-thirtieth legislative day of such session, his office shall be deemed vacant and
-the governor shall nominate from a list selected as hereinbefore provided,
-another candidate for such office and the same proceedings shall be followed as
-are above set forth; provided further, that when the legislature shall be in
-session at any time within six months prior to the date of the expiration of the
-term of any member, the governor shall nominate his successor from a list
-selected as above set forth, within the first thirty days of such session, and
-upon confirmation by the senate such successor shall take office at the
-expiration of the term of the incumbent. No person who has been nominated and
-whose nomination the senate has failed to confirm, shall be eligible for an
-interim appointment.
-. The members of the state board of higher education may only be removed by
-impeachment for the offenses and in the manner and according to the procedure
-provided for the removal of the governor by impeachment proceedings.
-. Each appointive member of the state board of higher education shall receive
-such compensation as may be determined by the legislative assembly for the time
-actually spent devoted to the duties of his office, and, in addition, shall
-receive his necessary expenses in the same manner and amounts as other state
-officials for attending meetings and performing other functions of his office.
-. The legislature shall provide adequate funds for the proper carrying out of
-the functions and duties of the state board of higher education.
-. a. The state board of higher education shall hold its first meeting at the
-office of the state board of administration at Bismarck on the 6th day of July,
-, and shall organize and elect one of its members as president of such board
-for a term of one year. It shall also at said meeting, or as soon thereafter as
-may be practicable, elect a competent person as secretary, who shall reside
-during his term of office in the city of Bismarck, North Dakota. Said secretary
-shall hold office at the will of the board. As soon as said board is established
-and organized it shall assume all the powers and perform all the duties now
-conferred by law upon the board of administration in connection with the several
-institutions hereinbefore mentioned, and the said board of administration shall
-immediately upon the organization of said state board of higher education,
-surrender and transfer to said state board of higher education all duties,
-rights, and powers granted to it under the existing laws of this state
-concerning the institutions hereinbefore mentioned, together with all property,
-deeds, records, reports, and appurtenances of every kind belonging or
-appertaining to said institutions.
-b. The said state board of higher education shall have full authority over the
-institutions under its control with the right, among its other powers, to
-prescribe, limit, or modify the courses offered at the several institutions. In
-furtherance of its powers, the state board of higher education shall have the
-power to delegate to its employees details of the administration of the
-institutions under its control. The said state board of higher education shall
-have full authority to organize or reorganize within constitutional and
-statutory limitations, the work of each institution under its control, and do
-each and everything necessary and proper for the efficient and economic
-administration of said state educational institutions.
-c. Said board shall prescribe for all of said institutions standard systems of
-accounts and records and shall biennially, and within six (6) months immediately
-preceding the regular session of the legislature, make a report to the governor,
-covering in detail the operations of the educational institutions under its
-control.
-d. It shall be the duty of the heads of the several state institutions
-hereinbefore mentioned to submit the budget requests for the biennial
-appropriations for said institutions to said state board of higher education;
-and said state board of higher education shall consider said budgets and shall
-revise the same as in its judgment shall be for the best interests of the
-educational system of the state; and thereafter the state board of higher
-education shall prepare and present to the state budget board and to the
-legislature a single unified budget covering the needs of all the institutions
-under its control. "Said budget shall be prepared and presented by the board of
-administration until the state board of higher education organizes as provided
-in subsection 6a." The appropriations for all of said institutions shall be
-contained in one legislative measure. The budgets and appropriation measures for
-the agricultural experiment stations and their substations and the extension
-division of the North Dakota state university of agriculture and applied science
-may be separate from those of state educational institutions.
-e. The said state board of higher education shall have the control of the
-expenditure of the funds belonging to, and allocated to such institutions and
-also those appropriated by the legislature, for the institutions of higher
-education in this state; provided, however, that funds appropriated by the
-legislature and specifically designated for any one or more of such
-institutions, shall not be used for any other institution.
-. a. The state board of higher education shall, as soon as practicable, appoint
-for a term of not to exceed three (3) years, a state commissioner of higher
-education, whose principal office shall be at the state capitol, in the city of
-Bismarck. Said commissioner of higher education shall be responsible to the
-state board of higher education and shall be removable by said board for cause.
-b. The state commissioner of higher education shall be a graduate of some
-reputable college or university, and who by training and experience is familiar
-with the problems peculiar to higher education.
-c. Such commissioner of higher education shall be the chief executive officer of
-said state board of higher education. and shall perform such duties as shall be
-prescribed by the board.
-. This constitutional provision shall be self-executing and shall become
-effective without the necessity of legislative action.
-===== ARTICLE IX. TRUST LANDS =====
-Section 1. All proceeds of the public lands that have heretofore been, or may
-hereafter be granted by the United States for the support of the common schools
-in this state; all such per centum as may be granted by the United States on the
-sale of public lands; the proceeds of property that shall fall to the state by
-escheat; all gifts, donations, or the proceeds thereof that come to the state
-for support of the 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 trust fund for the maintenance of the common schools of
-the state. Only the interest and income of the fund may be expended and the
-principal shall be retained and devoted to the trust purpose. All property, real
-or personal, received by the state from whatever source, for any specific
-educational or charitable institution, unless otherwise designated by the donor,
-shall be and remain a perpetual trust fund for the creation and maintenance of
-such institution, and may be commingled only with similar funds for the same
-institution.  Should a gift be made to an institution for a specific purpose,
-without designating a trustee, such gift may be placed in the institution's
-fund; provided that such a donation may be expended as the terms of the gift
-provide.
-The interest and income of each institutional trust fund held by the state
-shall, unless otherwise specified by the donor, be appropriated by the
-legislative assembly to the exclusive use of the institution for which the funds
-were given.
-The proceeds of all bonuses, or similar payments, made upon
-the leasing of coal, gas, oil, or any other mineral interests under,
-or reserved after sale of, grant lands for the common schools or
-institutional lands shall be deposited in the appropriate permanent
-trust fund as created by this section.
-Section 2. 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 no part of the fund shall ever be
-diverted, even temporarily, from this purpose or used for any other purpuse
-whatever than the maintenance of common schools as provided by law.
-Section 3. 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 the proceeds from
-the sale of such lands shall be invested as provided by law.
-Section 4. 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 5. 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 salable by virtue of this section.  No more than one-half
-of the remainder within ten years after the same become salable 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. In all sales of lands subject to the provisions
-of this article all minerals therein, including but not limited to oil, gas,
-coal, cement materials, sodium sulphate, sand and gravel, road material,
-building stone, chemical substances, metallic ores, uranium ores, or colloidal
-or other clays, shall be reserved and excepted to the state of North Dakota,
-except that leases may be executed for the extraction and sale of such materials
-in such manner and upon such terms as the legislative assembly may provide.
-Section 6. No original grant school or institutional land shall be sold for less
-than the fair market value thereof, and in no case for less than ten dollars
-($10.00) per acre, provided that when lands have been sold on contract and the
-contract has been canceled, such lands may be resold without reappraisement by
-the board of appraisal. The purchaser shall pay twenty (20) percent of the
-purchase price at the time the contract is executed; thereafter annual payments
-shall be made of not less than six (6) percent of the original purchase price.
-An amount equal to not less than three (3) percent per annum of the unpaid
-principal shall be credited to interest and the balance shall be applied as
-payment on principal as credit on purchase price. The purchaser may pay all or
-any installment or installments not yet due to any interest paying date. If the
-purchaser so desires, he may pay the entire balance due on his contract with
-interest to date of payment at any time and he will then be entitled to proper
-conveyance.
-All sales shall be held at the county seat of the county in which the land to be
-sold is situated, and shall be at public auction and to the highest bidder, and
-notice of such sale shall be published once each week for a period of three
-weeks prior to the day of sale in a legal newspaper published nearest the land
-and in the newspaper designated for the publication of the official proceedings
-and legal notices within the county in which said land is situated.
-No grant or patent for such lands shall issue until payment is made for the
-same; provided that the land contracted to be sold by the state shall be subject
-to taxation from the date of the 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, the contract of sale for such land shall, if the board of
-university and school lands so determine, by it, be declared null and void. No
-contract of sale heretofore made under the provisions of this section of the
-constitution as then providing shall be affected by this amendment, except
-prepayment of principal may be made as herein provided.
-Any of said lands that may be required for townsite purposes, schoolhouse sites,
-church sites, cemetery sites, sites for other educational or charitable
-institutions, public parks, airplane landing fields, fairgrounds, public
-highways, railroad right of way, or other railroad uses and purposes, reservoirs
-for the storage of water for irrigation, irrigation canals, and ditches,
-drainage ditches, or for any of the purposes for which private lands may be
-taken under the right of eminent domain under the constitution and laws of this
-state, may be sold under the provisions of this article, and shall be paid for
-in full at the time of sale, or at any time thereafter as herein provided.  Any
-of said lands and any other lands controlled by the board of university and
-school lands, may, with the approval of said board be exchanged for lands of the
-United States, the state of North Dakota or any county or municipality thereof
-as the legislature may provide, and the lands so acquired shall be subject to
-the trust to which the lands exchanged therefor were subject, and the state
-shall reserve all mineral and water power rights in land so transferred.
-When any of said lands have been heretofore or may be hereafter sold on
-contract, and the purchaser or his heirs or assigns is unable to pay in full for
-the land purchased within twenty years after the date of purchase and such
-contract is in default and subject to being declared null and void as by law
-provided the board of university and school lands may, after declaring such
-contract null and void, resell the land described in such contract to such
-purchaser, his heirs or assigns, for the amount of the unpaid principal together
-with interest thereon reckoned to the date of such resale at the rate of not
-less than three (3%) percent but in no case shall the resale price be more than
-the original sale price; such contract of resale shall be upon the terms herein
-provided, provided this section shall be deemed self-executing insofar as the
-provisions for resale herein made are concerned.
-Section 7. All lands received by the state for any specific educational or
-charitable institution 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 in this constitution for the appraisal and sale of lands for the
-benefit of common schools. However, a distinct and separate account shall be
-kept by the proper officers of each of said funds and 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 8. 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 lands 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.
-Provided, further, that coal lands may also be leased for agricultural
-cultivation upon such terms and conditions and for such a period, not exceeding
-five years, as the legislature may provide.
-Section 9. 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 10. The legislative assembly may provide by law for
-the sale or disposal of all public lands that have been, or may
-hereafter be granted by the United States to the state for purposes other than
-set forth in article IX, section 1. The
-legislative assembly in providing for the appraisal, sale, rental, and
-disposal of the same shall not be subject to the provisions and limitations of
-Article IX, sections 1 through 11.
-Section 11. 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 safekeeping 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.
-Section 12. 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,
-, 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.
-. The seat of government at the city of Bismarck in the county of Burleigh.
-. The state university and the school of mines at the city of Grand Forks, in
-the county of Grand Forks.
-. The North Dakota state university of agriculture and applied science at the
-city of Fargo, in the county of Cass.
-. 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.
-. The school for the deaf and dumb of North Dakota at the city of Devils Lake,
-in the county of Ramsey.
-. A state training school at the city of Mandan. in the county of Morton.
-. 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 (30,000)
-acres to the institution hereby located at Mayville, and said lands are hereby
-appropriated for said purpose.
-. 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 feebleminded, on the grounds
-purchased by the secretary of the interior for a penitentiary building.
-Section 13. The following public institutions are located as provided, each to
-have so much of the remaining grant of one hundred seventy thousand acres of
-land made by the United States for "other educational and charitable
-institutions" as is allotted by law:
-. A soldiers' home, when located, or such other charitable institution as the
-legislative assembly may determine, at the city of Lisbon in the county of Ransom, with a
-grant of forty thousand acres of land.
-. The school for the blind at the city of Grand Forks in the county of Grand
-Forks or at such other location as may be determined by the legislative assembly
-to be in the best interests of the students of such institution and the state of
-North Dakota.
-. 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 Rolette, as the electors of said counties may determine by an election for
-that purpose, to be held as provided by the legislative assembly.
-. A school of science or such other educational or charitable institution as
-the legislative assembly may prescribe, at the city of Wahpeton in the county of
-Richland, with a grant of forty thousand acres.
-. A state college at the city of Minot in the county of Ward.
-. A state college at the city of Dickinson in the county of Stark.
-. A state hospital for the mentally ill at such place within this state as shall be
-selected by the legislative assembly.
-No other institution of a character similar to any one of those located by
-article IX, section 12, or this section shall be established or maintained
-without an amendment of this constitution.
-===== ARTICLE X. FINANCE AND PUBLIC DEBT =====
-Section 1. The legislative assembly shall be prohibited from raising revenue to
-defray the expenses of the state through the levying of a tax on the assessed
-value of real or personal property.
-Section 2. 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 3. 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.  Notwithstanding the foregoing or any other provisions of this
-constitution, the legislative assembly, in any law imposing a tax or taxes on,
-in respect to or measured by income, may define the income on, in respect to or
-by which such tax or taxes are imposed or measured or may define the tax itself
-by reference to any provision of the laws of the United States as the same may
-be or become effective at any time or from time to time, and may prescribe
-exceptions or modifications to any such provision.
-Section 4. All taxable 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 property, including franchises
-of all railroads operated in this state, and of all express companies, freight
-line companies, dining car companies, sleeping car companies, car equipment
-companies, or private car line companies, telegraph or telephone companies, the
-property of any person, firm or corporation used for the purpose of furnishing
-electric light, heat or power, or in distributing the same for public use, and
-the property of any other corporation, firm or individual now or hereafter
-operating 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 in a manner prescribed by such state board or commission as may be
-provided by law. But should any railroad allow any portion of its railway to be
-used for any purpose other than the operation of a railroad thereon, such
-portion of its railway, while so used shall be assessed in a manner provided for
-the assessment of other real property.
-Section 5. Taxes shall be uniform upon the same class of property including
-franchises within the territorial limits of the authority levying the tax. The
-legislature may by law exempt any or all classes of personal property from
-taxation and within the meaning of this section, fixtures, buildings and
-improvements of every character, whatsoever, upon land shall be deemed personal
-property. The property of the United States and of the state, county and
-municipal corporations and property used exclusively for schools, religious,
-cemetery, charitable or other public purposes shall be exempt from taxation.
-Except as restricted by this article, the legislature may provide for raising
-revenue and fixing the situs of all property for the purpose of taxation.
-Provided that all taxes and exemptions in force when this amendment is adopted
-shall remain in force until otherwise provided by statute.
-Section 6. 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 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 7. The legislature may by law provide for the levy and collection of an
-acreage tax on lands within the state in addition to the limitations specified
-in article X, section 1, of the constitution. The proceeds of such tax shall be
-used to indemnify the owners of growing crops against damages by hail, provided
-that lands used exclusively for public roads, rights of way of common carriers,
-mining, manufacturing or pasturage may be exempt from such tax.
-Section 8. The legislative assembly shall pass all laws necessary to carry out
-the provisions of this article.
-Section 9. The legislative assembly may provide for the levy of a tax upon lands
-within the state for the purpose of creating a fund to insure the owners of
-growing crops against losses by hail.  The legislative assembly may classify
-lands within the state, and divide the state into districts on such basis as
-shall seem just and necessary, and may vary the tax rates in such districts in
-accordance with the risk, in order to secure an equitable distribution of the
-burden of the tax among the owners of such lands.
-Section 10.
-. Upon the adoption of this amendment to the Constitution of the State of North
-Dakota there shall be annually levied by the state of North Dakota one mill upon
-all of the taxable property within the state of North Dakota which, when
-collected, shall be covered into the state treasury of the state of North Dakota
-and placed to the credit of the North Dakota state medical center at the
-university of North Dakota; said fund shall be expended as the legislature shall
-direct for the development and maintenance necessary to the efficient operation
-of the said North Dakota state medical center.
-. This amendment shall be self-executing, but legislation may be enacted to
-facilitate its operation.
-Section 11. Revenue from gasoline and other motor fuel excise and license
-taxation, motor vehicle registration and license taxes, except revenue from
-aviation gasoline and unclaimed aviation motor fuel refunds and other aviation
-motor fuel excise and license taxation used by aircraft, after deduction of cost
-of administration and collection authorized by legislative appropriation only,
-and statutory refunds, shall be appropriated and used solely for construction,
-reconstruction, repair and maintenance of public highways, and the payment of
-obligations incurred in the construction, reconstruction, repair and maintenance
-of public highways.
-Section 12.
-. All public moneys, from whatever source derived, shall be paid over monthly
-by the public official, employee, agent, director, manager, board, bureau, or
-institution of the state receiving the same, to the state treasurer, and
-deposited by him to the credit of the state, and shall be paid out and disbursed
-only pursuant to appropriation first made by the legislature; provided, however,
-that there is hereby appropriated the necessary funds required in the financial
-transactions of the Bank of North Dakota, and required for the payment of
-losses, duly approved, payable from the state hail insurance fund, state bonding
-fund, and state fire and tornado fund, and required for the payment of
-compensation to injured employees or death claims, duly approved, payable from
-the workmen's compensation fund, and required for authorized investments made by
-the board of university and school lands, and required for the financial
-operations of the state mill and elevator association, and required for the
-payment of interest and principal of bonds and other fixed obligations of the
-state, and required for payments required by law to be paid to beneficiaries of
-the teachers' insurance and retirement fund, and required for refunds made under
-the provisions of the Retail Sales Tax Act, and the State Income Tax Law, and
-the State Gasoline Tax Law, and the Estate and Succession Tax Law, and the
-income of any state institution derived from permanent trust funds, and the
-funds allocated under the law to the state highway department and the various
-counties for the construction, reconstruction, and maintenance of public roads.
-This constitutional amendment shall not be construed to apply to fees and moneys
-received in connection with the licensing and organization of physicians and
-surgeons, pharmacists, dentists, osteopaths, optometrists, embalmers, barbers,
-lawyers, veterinarians, nurses, chiropractors, accountants, architects,
-hairdressers, chiropodists, and other similarly organized, licensed trades and
-professions; and this constitutional amendment shall not be construed to amend
-or repeal existing laws or Acts amendatory thereof concerning such fees and
-moneys.
-. 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, and then only upon warrant drawn upon the
-treasurer of such funds by the preper officer or officers.
-. This amendment shall become effective on July 1. 1939.
-Section 13. The state may issue or guarantee the payment of bonds, provided that
-all bonds in excess of two million dollars shall be secured by first mortgage
-upon real estate in amounts not to exceed sixty-five percent of its value; or
-upon real and personal property of state~owned utilities, enterprises, or
-industries, in amounts not exceeding its value, and provided further, that the
-state shall not issue or guarantee bonds upon property of state-owned utilities,
-enterprises, or industries in excess of ten million dollars.
-No further indebtedness shall be incurred by the state unless evidenced by a
-bond issue, which shall be authorized by law for certain purposes, to be clearly
-defined. Every law authorizing a bond issue shall provide for levying an annual
-tax, or make other provision, sufficient to pay the interest semiannually and
-the principal within thirty years from the date of the issue of such bonds and
-shall specially appropriate the proceeds of such tax, or of such other
-provisions to the payment of said principal and interest, and such appropriation
-shall not be repealed nor the tax or other provisions discontinued until such
-debt, both principal and inteiest, shall have been paid. No debt in excess of
-the limit named herein shall be incurred except for the purpose of repelling
-invasion, suppressing insurrection, defending the state in time of war or to
-provide for the public defense in case of threatened hostilities.
-Section 14.
-. Notwithstanding any other provision in the constitution, and for the purpose
-of promoting the economic growth of the state, the development of its natural
-resources, and the prosperity and welfare of its people, the state may issue
-bonds and use the proceeds thereof to make loans to privately or cooperatively
-owned enterprises to plan. construct.  acquire, equip, improve, and extend
-facilities for converting natural resources into power and generating and
-transmitting such power, and to acquire real and personal property and water and
-mineral rights needed for such facilities.
-. The state may issue general obligation bonds for this purpose to an amount
-which with all outstanding general obligation bonds, less the amount of all
-money on hand and taxes in process of collection which are appropriated for
-their payment, will not exceed five percent of the full and true value of all of
-the taxable property in the state, to be ascertained by the last assessment made
-for state and county purposes: but nothing herein shall increase or diminish the
-limitations established by other provisions of the constitution on the amount of
-bonds therein authorized to be issued.
-. The state may also issue revenue bonds for the purpose of providing part or
-all of the funds required for any project undertaken under subsection l, payable
-solely from sums realized from payments of principal and interest on money
-loaned for such project, and from other similar projects if so determined by the
-legislature, and from the liquidation of security given for such payments.
-Revenue bonds issued for any project shall not exceed the cost thereof,
-including all expenses reasonably incurred to complete and finance the project,
-but shall not be subject to any other limitation of amount.
-. The full faith and credit of the state shall be pledged for the prompt and
-full payment of all bonds issued under subsection 2. Its obligation with respect
-to bonds issued under subsection 3 shall be limited to the prompt and full
-performance of such covenants as the legislature may authorize to be made
-respecting the enforcing of the provisions of underlying loan agreements and the
-segregation, accounting and application of bond proceeds and of loan payments
-and other security pledged for the payment of the bonds.  All bonds authorized
-by subsections 1 to 3 inclusive, shall mature within forty years from their
-respective dates of issue, but may be refunded at or before maturity in such
-manner and for such term and upon such conditions as the legislature may direct.
-Any such bonds may, but need not be, secured by mortgage upon real or personal
-property acquired with the proceeds of the same or any other issue of general
-obligation or revenue bonds, or upon other property mortgaged by the debtor.
-Pledges of revenues and mortgages of property securing bonds of any issue may be
-prior or subordinate to or on a parity with pledges and mortgages securing any
-other issue of general obligation or revenue bonds, as determined by the
-legislature from time to time in conformity with any provisions made for the
-security of outstanding bonds.
-. The legislature shall pass such laws as are appropriate to implement this
-amendment.
-. If any subsection of this amendment, or any part of a subsection, or any
-application thereof to particular circumstances should be held invalid for any
-reason, such invalidity shall not affect the validity of all remaining
-provisions of this amendment which may be given effect without that which is
-declared invalid, as applied to any circumstances and for this purpose all
-subsections and parts of subsections and applications thereof are declared to be
-severable.
-Section 15. The debt of any county, township, city, town, school district or any
-other political subdivision, shall never exceed five 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 per centum on
-such assessed value beyond said five per centum limit and a school district by a
-majority vote may increase such indebtedness five percent on such assessed value
-beyond said five per centum limit; provided also that any county or city by a
-majority vote may issue bonds upon any revenue-producing utility owned by such
-county or city, or for the purchasing or acquiring the same or building or
-establishment thereof in amounts not exceeding the physical value of such
-utility. industry or enterprise.
-In estimating the indebtedness which a city, county, township, school district
-or any other political subdivision may incur, the entire amount, exclusive of
-the bonds upon said revenue-producing utilities, 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 per centum of such assessed value without regard to the existing
-indebtedness of such city for the purpose of constructing or purchasing
-waterworks for furnishing a supply of water to the inhabitants of such city, or
-for the purpose of constructing sewers, and for no other purposes whatever. All
-bonds and obligations in excess of the amount of indebtedness permitted by this
-constitution, given by any city, county, township, town, school district, or any
-other political subdivision shall be void.
-Section 16. 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 17. No bond or evidence of indebtedness of the state shall be valid
-unless the same shall have endorsed thereon a certificate, signed by the auditor
-and secretary of state showing that the bond or evidence of debt is issued
-pursuant to law 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.
-Section 18. The state, any county or city may make internal improvements and may
-engage in any industry, enterprise or business, not prohibited by article XX of
-the constitution, but neither the state nor any political subdivision thereof
-shall otherwise loan or give its credit or make donations to or in aid of any
-individual, association or corporation except for reasonable support of the
-poor, nor subscribe to or become the owner of capital stock in any association
-or corporation.
-Section 19. The legislative assembly is hereby authorized and empowered to
-provide by law for the erection, purchasing or leasing and operation of one or
-more terminal grain elevators in the states of Minnesota or Wisconsin, or both,
-to be maintained and operated in such manner as the legislative assembly shall
-prescribe, and provide for inspection, weighing and grading of all grain
-received in such elevator or elevators.
-Section 20. The legislative assembly is hereby authorized and empowered to
-provide by law for the erection, purchasing or leasing and operation of one or
-more terminal grain elevators in the state of North Dakota. to be maintained and
-operated in such manner as the legislative assembly shall prescribe, and provide
-for inspection, weighing and grading of all grain received in such elevator or
-elevators.
-Section 21. Not less than fifteen percent of the tax imposed for severing coal
-shall be placed into a permanent trust fund in the state treasury to be held in
-trust and administered by the board of university and school lands, which shall
-have full authority to invest said trust funds as provided by law, and may loan
-moneys from the fund to political subdivisions as provided by law. The interest
-earned on the moneys in said trust fund shall be used first to replace
-uncollectable loans made from the fund, and the balance shall be credited to the
-general fund of the state.
-===== ARTICLE XI. GENERAL PROVISIONS =====
-Section 1. The name of this state shall be "North Dakota." The state of North
-Dakota shall consist of all the territory included within the following
-boundary, 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 2. 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 toward 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 the left and "1889" on the right. The seal to be two and
-one-half inches in diameter.
-Section 3. All flowing streams and natural watercourses shall forever remain the
-property of the state for mining, irrigating and manufacturing purposes.
-Section 4. 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 5. Unless otherwise provided by law, all meetings of public or
-governmental bodies, boards, bureaus, commissions, or agencies of the state or
-any political subdivision of the state, or organizations or agencies supported
-in whole or in part by public funds, or expending public funds, shall be open to
-the public.
-Section 6. Unless otherwise provided by law, all records of public or
-governmental bodies, boards, bureaus, commissions, or agencies of the state or
-any political subdivision of the state, or organizations or agencies supported
-in whole or in part by public funds, or expending public funds, shall be public
-records, open and accessible for inspection during reasonable office hours.
-Section 7. The legislative assembly, in order to insure continuity of state and
-local governmental operations in periods of emergency resulting from disasters
-caused by enemy attack, shall have the power and immediate duty (1) to provide
-for prompt and temporary succession to the powers and duties of public offices,
-of whatever nature and whether filled by election or appointment, the incumbents
-of which may become unavailable for carrying on the powers and duties of such
-offices, and (2) to adopt such other measures as may be necessary and proper for
-insuring the continuity of governmental operations including, but not limited
-to, waiver of constitutional restrictions upon the place of transaction of
-governmental business, upon the calling of sessions of the legislatiVe assembly,
-length of sessions, quorum and voting requirements, subjects of legislation and
-appropriation bill requirements, upon eligibility of legislators to hold other
-offices, residence requirements for legislators, and upon expenditures, loans or
-donations of public moneys. In the exercise of the powers hereby conferred the
-legislative assembly shall in all respects conform to the requirements of this
-constitution except to the extent that in the judgment of the legislative
-assembly so to do would be impracticable or would admit of undue delay.
-Section 8. 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 9. All impeachments shall be tried by the senate.  When sitting for that
-purpose 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 10. 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 11. 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 12. No officer shall exercise the duties of his office after he shall
-have been impeached and before his acquittal.
-Section 13. On trial of impeachment against the governor, the lieutenant
-governor shall not act as a member of the court.
-Section 14. 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 15. No person shall be liable to impeachment twice for the same offense.
-Section 16. The militia 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 religious 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 17. The militia 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 18. 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 19. All militia officers shall be appointed or elected in such a manner
-as the legislative assembly shall provide.
-Section 20. 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 21. 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.
-Section 22. 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 23. 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.
-Section 24. The labor of children under twelve years of age, shall be prohibited
-in mines, factories and workshops in this state.
-Section 25. The legislative assembly shall not authorize any game of chance,
-lottery, or gift enterprises, under any pretense, or for any purpose whatever.
-However, the legislative assembly may authorize by law bona fide nonprofit
-veterans', charitable, educational, religious, or fraternal organizations, civic
-and service clubs, or such other public-spirited organizations as it may
-recognize, to conduct games of chance when the entire net proceeds of such games
-of chance are to be devoted to educational, charitable, patriotic, fraternal,
-religious, or other public-spirited uses.
-Section 26. The legislative, executive, and judicial branches are co-equal
-branches of government. Elected members and officials of each branch shall
-receive as compensation for their services only such amounts as may be
-specifically set by law. Payment for necessary expenses shall not exceed those
-allowed for other state employees.
-===== ARTICLE XII =====
-Section 1. The term "corporation", as used in this article, shall not be
-understood as embracing municipalities or political divisions 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 2. 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 3. 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 4. 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 or 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 5. 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 6. In all elections for directors or managers of a corporation, each
-member or shareholder may cast the whole number of his votes for one candidate,
-or distribute them upon two or more candidates, as he may prefer, provided, any
-cooperative corporation may adopt bylaws limiting the voting power of its
-stockholders.
-Section 7. 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 8. No corporation shall engage in any business other than that expressly
-authorized in its charter.
-Section 9. 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.
-Section 10. 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 11. 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 amount 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; provided, the provisions of
-this section shall not be so construed as to apply to foreign corporations.
-Section 12. 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 13. 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 the courts of this
-state from the rates so fixed; but the rates fixed by the legislative assembly
-or board of railroad commissioners shall remain in force pending the decision of
-the courts.
-Section 14. 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 15. 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 16. 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 of 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, whenever
-the owner or owners thereof violate this article shall be deemed annulled and
-become void.
-Section 17. The exchange of "black lists" between corporations shall be
-prohibited.
-===== ARTICLE XIII. 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 1.
-. 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.
-. 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.
-. 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 follows: 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
-, 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 2. 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 3. 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.