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====== Constitution of North Dakota. ====== | ====== Constitution of North Dakota. ====== | ||
- | |||
===== PREAMBLE. ===== | ===== 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. | ||
- | We, the people of North Dakota, grateful to Almighty God for the blessings of | + | ===== ARTICLE I. DECLARATION OF RIGHTS. ===== |
- | civil and religious liberty, do ordain and establish this Constitution. | + | |
- | ===== ARTICLE I. DECLARATION OF RIGHTS. ===== | + | === Section 1. === |
- | Sec. 1. All men are by nature equally free and independent and have certain | + | All men are by nature equally free and independent and have certain |
- | inalienable rights, among which are those of enjoying and defending life and | + | inalienable rights, among which are those of enjoying and defending |
- | liberty; acquiring, possessing and protecting property and reputation; and | + | life and liberty; acquiring, possessing and protecting property and |
- | pursuing and obtaining safety and happiness. | + | reputation; and pursuing and obtaining safety and happiness. |
- | Sec. 2. All political power is inherent in the people. Government is instituted | + | === Section |
- | for the protection, security and benelit of the people, and they have a right to | + | |
- | alter or reform the same when ever the public good may require. | + | |
- | Sec. 3. The State of North Dakota | + | All political power is inherent in the people. Government |
- | and the Constitution' | + | instituted for the protection, security |
+ | they have a right to alter or reform | ||
+ | good may require. | ||
- | Sec. 4. The free excercise and enjoyment of religious profession and worship, | + | === Section 3. === |
- | 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, | + | |
- | justify practices inconsistent with the peace or safety of this State. | + | |
- | Sec. 5. The privilege | + | The State of North Dakota is an inseparable part of the American Union |
- | unless, when in case of rebellion or invasion, | + | and the Constitution |
+ | land. | ||
- | Sec. 6. All persons shall be bailable by sufficient sureties, unless for capital | + | === Section 4. === |
- | offiences 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 uureasonably detained, nor be | + | |
- | confined in any room where criminals are actually imprisoned. | + | |
- | Sec. 7. The right of trial by jury shall be secured to all, and remain | + | The free exercise and enjoyment |
- | inviolate; but a jury in civil cases, in courts not of record may consist | + | without discrimination or preference |
- | less than twelve men, as may be prescribed by law. | + | 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 | ||
+ | construed | ||
+ | inconsistent with the peace or safety of this State. | ||
- | Sec. 8. Until otherwise provided by law, no person shall, for a felony, be | + | === Section 5. === |
- | proceeded againt 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, offences shall be prosecuted | + | |
- | criminally by indictment or information. The Legislative Assembly may change, | + | |
- | regulate or abolish the grand jury system. | + | |
- | Sec. 9. Every man may freely write, speak and publish his opinions on all | + | The privilege of the writ of habeas corpus |
- | subjects, being responsible for the abuse of that privilege. In all civil and | + | unless, |
- | criminal trials for libel the truth may be given in evidence, and shall be a | + | require. |
- | sufficient defense | + | |
- | justifiable ends; and the jury shall have the same power of giving a general | + | |
- | verdict as in other cases; and in all indictments on informations for libels | + | |
- | jury shall have the right to determine the law and the facts under the direction | + | |
- | of the court as in other cases. | + | |
- | Sec. 10. The citizens have a right, in a peaceable manner, to assemble together | + | === Section 6. === |
+ | |||
+ | All persons shall be bailable by sufficient sureties, unless for | ||
+ | capital offenses when the proof is evident or the presumption great. | ||
+ | Excessive bail shall not be required, nor excessive fines imposed, nor | ||
+ | shall cruel or unusual punishments be inflicted. Witnesses shall not | ||
+ | be unreasonably detained, nor be confined in any room where criminals | ||
+ | are actually imprisoned. | ||
+ | |||
+ | === Section 7. === | ||
+ | |||
+ | The right of trial by jury shall be secured to all, and remain | ||
+ | inviolate; but a jury in civil cases, in courts not of record may | ||
+ | consist of less than twelve men, as may be prescribed by law. | ||
+ | |||
+ | === Section 8. === | ||
+ | |||
+ | Until otherwise provided by law, no person shall, for a felony, be | ||
+ | proceeded against criminally, otherwise than by indictment, except in | ||
+ | cases arising in the land or naval forces, or in the militia when in | ||
+ | actual service in time of war or public danger. In all other cases, | ||
+ | offenses shall be prosecuted criminally by indictment or information. | ||
+ | The Legislative Assembly may change, regulate or abolish the grand | ||
+ | jury system. | ||
+ | |||
+ | === Section 9. === | ||
+ | |||
+ | Every man may freely write, speak and publish his opinions on all | ||
+ | subjects, being responsible for the abuse of that privilege. In all | ||
+ | civil and criminal trials for libel the truth may be given in | ||
+ | evidence, and shall be a sufficient defense when the matter is | ||
+ | published with good motives and for justifiable ends; and the jury | ||
+ | shall have the same power of giving a general verdict as in other | ||
+ | cases; and in all indictments or informations for libels the jury | ||
+ | shall have the right to determine the law and the facts under the | ||
+ | direction of the court as in other cases. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | 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 | 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 | + | government for the redress of grievances, or for other proper |
- | petition, address or remonstrance. | + | purposes, by petition, address or remonstrance. |
- | Sec. 11. All laws of a general nature shall have a uniform operation. | + | === Section |
- | Sec. 12. The military shall be subordinate to the civil power. No standing army | + | All laws of a general nature |
- | shall be maintained by this State in time of peace, and no soldiers | + | |
- | 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. | + | |
- | Sec. 13. In criminal prosecutions in any court whatever, the party accused shall | + | === Section 12. === |
- | 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. | + | |
- | Sec. 14. Private property | + | The military |
- | just compensation having been first made to, or paid into court for the owner, | + | shall be maintained by this State in time of peace, and no soldiers |
- | and no right of way shall be appropriated to the use of any corporation, other | + | shall, in time of peace, be quartered |
- | than municipal, until full compensation therefor | + | of the owner; nor in time of war, except in the manner prescribed |
- | ascertained and paid into court for the owner, | + | law. |
- | any improvement proposed | + | |
- | ascertained by a jury, unless a jury be waived. | + | |
- | Sec. 15. No person shall be imprisoned for debt unless upon refusal to deliver | + | === Section 13. === |
- | 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. | + | |
- | Sec. 16. No bill of attainder, ex post facto law, or law impairing the | + | In criminal prosecutions in any court whatever, the party accused |
+ | shall have the right to a speedy and public trial; to have the process | ||
+ | of the court to compel the attendance of witnesses in his behalf; and | ||
+ | to appear and defend in person and with counsel. No person shall be | ||
+ | twice put in jeopardy for the same offense, nor be compelled in any | ||
+ | criminal case to be a witness against himself, nor be deprived of | ||
+ | life, liberty or property without due process of law. | ||
+ | |||
+ | === Section 14. === | ||
+ | |||
+ | Private property shall not be taken or damaged for public use without | ||
+ | just compensation having been first made to, or paid into court for | ||
+ | the owner, and no right of way shall be appropriated to the use of any | ||
+ | corporation, | ||
+ | first made in money or ascertained and paid into court for the owner, | ||
+ | irrespective of any benefit from any improvement proposed by such | ||
+ | corporation, | ||
+ | a jury be waived. | ||
+ | |||
+ | === Section 15. === | ||
+ | |||
+ | No person shall be imprisoned for debt unless upon refusal to deliver | ||
+ | up his estate for the benefit of his creditors, in such manner as | ||
+ | shall be prescribed by law; or in cases of tort; or where there is | ||
+ | strong presumption of fraud. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | No bill of attainder, ex post facto law, or law impairing the | ||
obligations of contracts shall ever be passed. | obligations of contracts shall ever be passed. | ||
- | Sec. 17. Neither slavery nor involuntary servitude, unless for the punishment | + | === Section |
- | crime, shall ever be tolerated in this- state. | + | |
+ | Neither slavery nor involuntary servitude, unless for the punishment | ||
+ | of crime, shall ever be tolerated in this state. | ||
+ | |||
+ | === Section 18. === | ||
+ | |||
+ | The right of the people to be secure in their persons, houses, papers | ||
+ | and effects, against unreasonable searches and seizures, shall not be | ||
+ | violated; and no warrant shall issue but upon probable cause, | ||
+ | supported by oath or affirmation, | ||
+ | be searched and the persons and things to be seized. | ||
+ | |||
+ | === Section 19. === | ||
+ | |||
+ | Treason against the State shall consist only in levying war against | ||
+ | it, adhering to its enemies or giving them aid and comfort. No person | ||
+ | shall be convicted of treason unless on the evidence of two witnesses | ||
+ | to the same overt act, or confession in open court. | ||
- | Sec. 18. The right of the people to be secure in their persons, houses, papers | + | === Section 20. === |
- | and effects, against uureasonable searches and seizures, shall not be violated; | + | |
- | and no warrant shall issue but upon probable cause, supported by oath or | + | |
- | affirmation, | + | |
- | and things to be seized. | + | |
- | Sec. 19. Treason against the State shall consist only in levying war against it, | + | No special privileges or immunities |
- | adhering to its enemies | + | not be altered, revoked |
- | convicted of treason unless on the evidence of two witnesses to the same overt | + | shall any citizen or class of citizens |
- | act, or confession in open court. | + | immunities which upon the same terms shall not be granted to all |
+ | citizens. | ||
- | Sec. 20. No special privileges or immunities shall ever be granted which may not | + | === Section 21. === |
- | 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. | + | |
- | Sec. 21. The provisions of this Constitution | + | The provisions of this constitution |
unless, by express words, they are declared to be otherwise. | unless, by express words, they are declared to be otherwise. | ||
- | Sec. 22. All courts shall be open, and every man for any injury done him in his | + | === Section |
- | 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. | + | |
- | Sec. 23. Every citizen of this State shall be free to obtain employment wherever | + | All courts |
- | possible, and any person, corporation or agent thereof, maliciously interfering | + | lands, goods, person |
- | or hindering in any way, any citizen from obtaining | + | law, and right and justice administered without sale, denial |
- | already obtained, from any other corporation or person, shall be deemed guilty | + | Suits may be brought against the State in such manner, in such courts, |
- | of a misdemeanor. | + | and in such cases, as the Legislative Assembly may, by law, direct. |
- | Sec. 24. To guard against transgressions of the high powers which we have | + | === Section 23. === |
- | delegated, we declare that everything in this article is excepted out of the | + | |
- | general powers of government and shall forever remain inviolate. | + | |
- | ===== ARTICLE II. THE LEGISLATIVE DEPARTMENT. ===== | + | Every citizen of this State shall be free to obtain employment |
+ | wherever possible, and any person, corporation, | ||
+ | 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. | ||
- | Sec. 25. The Legislative power shall be vested in a Senate and House of | + | === Section 24. === |
+ | |||
+ | To guard against transgressions of the high powers which we have | ||
+ | delegated, we declare that everything in this article is excepted out | ||
+ | of the general powers of government and shall forever remain | ||
+ | inviolate. | ||
+ | |||
+ | ===== ARTICLE II. THE LEGISLATIVE DEPARTMENT. ===== | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The Legislative power shall be vested in a Senate and House of | ||
Representatives. | Representatives. | ||
- | Sec. 26. The Senate shall be composed of not less than thirty nor more than | + | === Section |
+ | |||
+ | The Senate shall be composed of not less than thirty nor more than | ||
fifty members. | fifty members. | ||
- | Sec. 27. Senators shall be elected for the term of four years, except as | + | === Section |
+ | |||
+ | Senators shall be elected for the term of four years, except as | ||
hereinafter provided. | hereinafter provided. | ||
- | Sec. 28. No person shall be a senator who is not a qualified elector in the | + | === Section |
- | district in which he may be chosen, and who shall not have attained the age of | + | |
- | twenty-five years, and have been a resident of the State or Territory for two | + | No person shall be a senator who is not a qualified elector in the |
- | years next preceding his election. | + | district in which he may be chosen, and who shall not have attained |
+ | the age of twenty-five years, and have been a resident of the State or | ||
+ | Territory for two years next preceding his election. | ||
+ | |||
+ | === Section 29. === | ||
+ | |||
+ | The Legislative Assembly shall fix the number of Senators, and divide | ||
+ | the State into as many senatorial districts as there are senators, | ||
+ | which districts as nearly as may be, shall be equal to each other in | ||
+ | the number of inhabitants entitled to representation. Each district | ||
+ | shall be entitled to one Senator and no more, and shall be composed of | ||
+ | compact and contiguous territory; and no portion of any county shall | ||
+ | be attached to any other county, or part thereof, so as to form a | ||
+ | district. The districts as thus ascertained and determined shall | ||
+ | continue until changed by law. | ||
- | Sec. 29. The Legislative Assembly shall fix the number of Senators, and divide | + | === Section 30. === |
- | the State into as many senatorial districts as there are senators, which | + | |
- | districts as nearly as may be, shall be equal to each other in the number of | + | |
- | inhabitants entitled to representation. Each district shall be entitled to one | + | |
- | Senator and no more, and shall be composed of compact and contiguous territory; | + | |
- | and no portion of any county shall be attached to any other county, or part | + | |
- | thereof, so as to form a district. The districts as thus ascertained and | + | |
- | determined shall continue until changed by law. | + | |
- | Sec. 30. The senatorial districts shall be numbered consecutively from one | + | The senatorial districts shall be numbered consecutively from one |
- | upwards, according to the number of districts prescribed, and the Senators shall | + | upwards, according to the number of districts prescribed, and the |
- | be divided into two classes. Those elected in the districts designated by even | + | Senators shall be divided into two classes. Those elected in the |
- | numbers shall constitute one class, and those elected in districts designated by | + | districts designated by even numbers shall constitute one class, and |
- | odd numbers shall constitute the other class. The Senators of one class, elected | + | those elected in districts designated by odd numbers shall constitute |
- | in the year 1890, shall hold their office for two years, those of the other | + | the other class. The Senators of one class, elected in the year 1890, |
- | class shall hold their office four years, and the determination of the two | + | shall hold their office for two years, those of the other class shall |
- | classes shall be by lot, so that one-half of the Senators, as nearly as | + | 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, | practicable, | ||
- | Sec. 31. The Senate, at the beginning and close of each regular session, and at | + | === Section |
- | 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. | + | |
- | Sec. 32. The House of Representatives shall be composed of not less than sixty, | + | 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 | ||
+ | |||
+ | The House of Representatives shall be composed of not less than sixty, | ||
nor more than one hundred and forty members. | nor more than one hundred and forty members. | ||
- | Sec. 33. Representatives shall be elected for the term of two years. | + | === Section |
+ | |||
+ | Representatives shall be elected for the term of two years. | ||
+ | |||
+ | === Section 34. === | ||
+ | |||
+ | No person shall be a Representative who is not a qualified elector in | ||
+ | the district for which he may be chosen, and who shall not have | ||
+ | attained the age of twenty-one years, and have been a resident of the | ||
+ | State or Territory for two years next preceding his election. | ||
- | Sec. 34. No person shall be a Kepresentative who is not a qualified elector in | + | === Section 35. === |
- | the district for which he may be chosen, and who shall not have attained the age | + | |
- | of twenty-one years, and have been a resident of the State or Territory for two | + | |
- | years next preceding his election. | + | |
- | Sec. 35. The members of the House of Representatives shall be apportioned to and | + | The members of the House of Representatives shall be apportioned to |
- | elected at large from each senatorial district. The Legislative Assembly shall, | + | and elected at large from each senatorial district. The Legislative |
- | in the year 1895, and every tenth year, cause an enumeration to be made of all | + | Assembly shall, in the year 1895, and every tenth year, cause an |
- | the inhabitants of this State, and shall at its first regular session after each | + | enumeration to be made of all the inhabitants of this State, and shall |
- | such enumeration, | + | at its first regular session after each such enumeration, |
- | number of Senators, which shall constitute the Senate of North Dakota, and the | + | after each federal census, proceed to fix by law the number of |
- | number of Representatives which shall constitute the House of Representatives of | + | Senators, which shall constitute the Senate of North Dakota, and the |
- | North Dakota, within the limits prescribed by this Constitution, | + | number of Representatives which shall constitute the House of |
- | session shall proceed to reapportion the State into senatorial districts, as | + | Representatives of North Dakota, within the limits prescribed by this |
- | prescribed by this Constitution, | + | Constitution, |
- | of Representatives, | + | State into senatorial districts, as prescribed by this Constitution, |
- | Provided, That the Legislative Assembly may, at any regular session, redistrict | + | and to fix the number of members of the House of Representatives, |
- | the State into senatorial districts, and apportion the Senators and | + | be elected from the several senatorial districts; Provided, That the |
+ | Legislative Assembly may, at any regular session, redistrict the State | ||
+ | into senatorial districts, and apportion the Senators and | ||
Representatives respectively. | Representatives respectively. | ||
- | Sec. 36. The House of Representatives shall elect one of its members as Speaker. | + | === Section |
- | Sec. 37. No judge or clerk of any court, secretary of state, attorney general, | + | The House of Representatives shall elect one of its members as |
- | register of deeds, sheriff or person holding any office of profit under this | + | Speaker. |
- | State, except in the militia or the office of attorney-at-law, | + | |
- | justice of the peace, and no person holding any office of profit or honor under | + | === Section |
- | any foreign government, or under the government of the United States, except | + | |
- | postmasters whose annual compensation does not exceed the sum of $300, shall | + | No judge or clerk of any court, secretary of state, attorney general, |
- | hold any office in either branch of the Legislative Assembly or become a member | + | 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, | ||
+ | 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. | thereof. | ||
- | Sec. 38. No member of the Legislative Assembly, expelled for corruption, and no | + | === Section |
- | person convicted of bribery, perjury or other infamous crime shall be eligible | + | |
- | to the Legislative Assembly, or to any office in either branch thereof. | + | |
- | Sec. 39. No member of the Legislative Assembly | + | No member of the Legislative Assembly, |
- | he was elected, be appointed or elected to any civil office in this State, which | + | person convicted of bribery, perjury |
- | shall have been created, or the emoluments of which shall have been increased, | + | eligible to the Legislative Assembly, or to any office in either |
- | during | + | branch thereof. |
- | appointment from the Governor, or Governor and Senate, during the term for which | + | |
- | he shall have been elected. | + | |
- | Sec. 40. If any person elected to either house of the Legislative Assembly | + | === Section 39. === |
- | 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 | + | No member of the Legislative Assembly shall, during the term for which |
- | Legislative Assembly, in consideration, | + | he was elected, be appointed or elected to any civil office in this |
- | person elected to the same Legislative Assembly will give, or will promise or | + | State, which shall have been created, or the emoluments of which shall |
- | assent to give, his vote or influence in favor of or against any other measure | + | have been increased, during the term for which he was elected; nor |
- | or proposition, | + | shall any member receive any civil appointment from the Governor, or |
- | Assembly, the person making such offer or promise shall be deemed guilty of | + | Governor and Senate, during the term for which he shall have been |
- | solicitation of bribery. If any member of the Legislative Assembly, shall give | + | elected. |
- | his vote or iufluence for or against any measure or proposition, | + | |
- | proposed to be introduced into such Legislative Assembly, or offer, promise or | + | === Section |
- | 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 | + | If any person elected to either house of the Legislative Assembly |
- | measure or proposition pending or pro posed to be introduced into such | + | shall offer or promise to give his vote or influence, in favor of, or |
- | Legislative Assembly, or in consideration that any other member hath given his | + | against |
- | vote or influence, for or against any other measure or propositiau in such | + | introduced into the Legislative Assembly, in consideration, |
- | Legislative Assembly, he shall be deemed guilty of bribery. | + | conditions, that any other person elected to the same Legislative |
- | member of the Legislative Assembly or person elected thereto, who shall be | + | Assembly will give, or will promise or assent to give, his vote or |
- | guilty of either such offenses, shall be expelled, and shall not, thereafter be | + | influence in favor of or against any other measure or proposition, |
- | eligible to the Legislative Assembly, and, on the conviction thereof in the | + | pending or proposed to be introduced into such Legislative Assembly, |
- | civil courts, shall be liable to such further penalty as may be prescribed by | + | the person making such offer or promise shall be deemed guilty of |
- | law. | + | solicitation of bribery. If any member of the Legislative Assembly, |
+ | shall give his vote or iufluence for or against any measure or | ||
+ | proposition, | ||
+ | Legislative Assembly, or offer, promise or assent so to do upon | ||
+ | condition that any other member will give, promise or assent to give | ||
+ | his vote or influence in favor of or against any other such measure or | ||
+ | proposition pending or pro posed to be introduced into such | ||
+ | Legislative Assembly, or in consideration that any other member hath | ||
+ | given his vote or influence, for or against any other measure or | ||
+ | propositiau in such Legislative Assembly, he shall be deemed guilty of | ||
+ | bribery. And any person, member of the Legislative Assembly or person | ||
+ | elected thereto, who shall be guilty of either such offenses, shall be | ||
+ | expelled, and shall not, thereafter be eligible to the Legislative | ||
+ | Assembly, and, on the conviction thereof in the civil courts, shall be | ||
+ | liable to such further penalty as may be prescribed by law. | ||
+ | |||
+ | === Section 41. === | ||
- | Sec. 41. The term of service of the members of the Legislative Assembly shall | + | The term of service of the members of the Legislative Assembly shall |
begin on the first Tuesday in January next, after their election. | begin on the first Tuesday in January next, after their election. | ||
- | Sec. 42. The members of the Legislative Assembly shall in all eases except | + | === Section |
- | treason, felony and breach of the peace, be privileged from arrest during their | + | |
- | attendance at the sessions of their respective houses, and in going to or | + | |
- | returning from the same. For wprds used in any speech or debate in either house, | + | |
- | they shall not be questioned in any other place. | + | |
- | Sec. 43. Any member who has a personal or private interest in any measure or | + | The members of the Legislative Assembly shall in all eases except |
- | bill proposed or pending before | + | treason, felony and breach of the peace, be privileged from arrest |
- | fact to the house of which he is a member, and shall not vote thereon without | + | during their attendance at the sessions |
- | the consent of the house. | + | and in going to or returning from the same. For wprds used in any |
+ | speech or debate in either house, they shall not be questioned in any | ||
+ | other place. | ||
- | Sec. 44. The Governor shall issue writs of election to fill such vacancies as | + | === Section 43. === |
+ | |||
+ | Any member who has a personal or private interest in any measure or | ||
+ | bill proposed or pending before the Legislative Assembly, shall | ||
+ | disclose the fact to the house of which he is a member, and shall not | ||
+ | vote thereon without the consent of the house. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The Governor shall issue writs of election to fill such vacancies as | ||
may occur in either house of the Legislative Assembly. | may occur in either house of the Legislative Assembly. | ||
- | Sec. 45. Each member of the Legislative Assembly shall receive as a compensation | + | === Section |
- | for his services for each session, five dollars per day, and ten cents for every | + | |
- | mile of necessary travel in going to and returning from the place of the meeting | + | |
- | of the Legislative Assembly, on the most usual route. | + | |
- | Sec. 46. A majority | + | Each member |
- | a smaller number may adjourn from day to day, and may compel the attendance | + | compensation for his services for each session, five dollars per day, |
- | absent members, | + | and ten cents for every mile of necessary travel |
- | by law. | + | returning from the place of the meeting of the Legislative Assembly, |
+ | on the most usual route. | ||
- | Sec. 47. Each house shall be the judge of the election returns and | + | === Section 46. === |
+ | |||
+ | A majority of the members of each house shall constitute a quorum, but | ||
+ | a smaller number may adjourn from day to day, and may compel the | ||
+ | attendance of absent members, in such a manner, and under such a | ||
+ | penalty, as may be prescribed by law. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | Each house shall be the judge of the election returns and | ||
qualifications of its own members. | qualifications of its own members. | ||
- | Sec. 48. Each house shall have the power to determine the rules of proceeding, | + | === Section |
- | 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 | + | Each house shall have the power to determine the rules of proceeding, |
- | private solicitation, | + | and punish its members or other persons for contempt or disorderly |
- | and shall have all other powers necessary and usual in the Legislative Assembly | + | behavior in its presence; to protect its members against violence or |
- | of a free state. But no imprisonment by either house shall continue beyond | + | offers of bribes or private solicitation, |
- | thirty days. Punishment for contempt or disorderly behavior shall not bar a | + | 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. | criminal prosecution for the same offense. | ||
- | Sec. 49. Each house shall keep a journal of its proceedings, | + | === Section |
- | nays on any question shall be taken and entered on the journal at the request of | + | |
- | one-sixth of those present. | + | |
- | Sec. 50. The sessions of each house and of the Committee of the Whole shall be | + | Each house shall keep a journal of its proceedings, |
+ | nays on any question shall be taken and entered on the journal at the | ||
+ | request of one-sixth of those present. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The sessions of each house and of the Committee of the Whole shall be | ||
open unless the business is such as ought to be kept secret. | open unless the business is such as ought to be kept secret. | ||
- | Sec. 51. Neither house shall, without the consent of the other, adjourn for more | + | === Section |
- | 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. | + | Neither house shall, without the consent of the other, adjourn for |
+ | more than three days, nor to any other place than that in which the | ||
+ | two houses shall be sitting, except in case of epidemic, pestilence or | ||
+ | other great danger. | ||
+ | |||
+ | === Section 52. === | ||
- | Sec. 52. The Senate and House of Representatives jointly shall be designated as | + | The Senate and House of Representatives jointly shall be designated as |
the Legislative Assembly of the State of North Dakota. | the Legislative Assembly of the State of North Dakota. | ||
- | Sec. 53. The Legislative Assembly shall meet at the seat of government at 12 | + | === Section |
- | o' | + | |
- | next following the election of the members thereof. | + | |
- | Sec. 54. In all elections to be made by the Legislative Assembly, or either | + | The Legislative Assembly |
- | house thereof, | + | o' |
- | entered | + | in the year next following the election of the members thereof. |
- | Sec. 55. The sessions of the Legislative Assembly shall be biennial, except as | + | === Section 54. === |
+ | |||
+ | In all elections to be made by the Legislative Assembly, or either | ||
+ | house thereof, the members shall vote viva voce, and their votes shall | ||
+ | be entered in the journal. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The sessions of the Legislative Assembly shall be biennial, except as | ||
otherwise provided in this Constitution. | otherwise provided in this Constitution. | ||
- | Sec. 56. No regular sessions of the Legislative Assembly shall exceed sixty | + | === Section |
- | days, except in case of impeachment, | + | |
- | Assembly may continue for a period of one hundred and twenty days. | + | |
- | Sec. 57. Any bill may originate in either house of tho Legislative Assembly, | + | No regular sessions |
- | a bill passed by one house may be amended by the other. | + | days, except in case of impeachment, |
+ | Legislative Assembly may continue for a period of one hundred and | ||
+ | twenty days. | ||
- | Sec. 58. No law shall be passed, except by a bill adopted by both houses, and no | + | === Section 57. === |
- | bill shall be so altered and amended on its passage through either house as to | + | |
- | change its original purpose. | + | |
- | Sec. 59. The enacting clause of every law shall be as follows: Be it enacted by | + | Any bill may originate in either house of tho Legislative Assembly, |
+ | and a bill passed by one house may be amended by the other. | ||
+ | |||
+ | === Section 58. === | ||
+ | |||
+ | No law shall be passed, except by a bill adopted by both houses, and | ||
+ | no bill shall be so altered and amended on its passage through either | ||
+ | house as to change its original purpose. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The enacting clause of every law shall be as follows: Be it enacted by | ||
the Legislative Assembly of the State of North Dakota. | the Legislative Assembly of the State of North Dakota. | ||
- | Sec. 60. No bill for the appropriation of money, except for the expenses of the | + | === Section |
- | 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. | + | |
- | Sec. 61. No bill shall embrace more than one subject, which shall be expressed | + | No bill for the appropriation of money, except for the expenses of the |
- | in its title, but a bill which violates this provision shall be invalidated | + | government, shall be introduced after the fortieth day of the session, |
- | thereby only as to so much thereof as shall not be so expressed. | + | except by unanimous consent of the house in which it is sought to be |
+ | introduced. | ||
- | Sec. 62. The general appropriation bill shall embrace nothing but appropriations | + | === Section 61. === |
- | 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. | + | |
- | Sec. 63. Every bill shall be read three several times, but the first and second | + | No bill shall embrace more than one subject, which shall be expressed |
- | readings, and those only, may be upon the same day; and the second reading may | + | in its title, but a bill which violates this provision shall be |
- | be by title of the bill unless a reading at length | + | invalidated thereby only as to so much thereof as shall not be so |
- | third readings | + | expressed. |
- | natural day. | + | |
- | Sec. 64. No bill shall be revised or amended, nor the provisions thereof | + | === Section 62. === |
- | 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, | + | |
- | re-enacted and published at length. | + | |
- | Sec. 65. No bill shall become a law except by a vote of the majority | + | The general appropriation |
- | members elect in each house, nor unless, on its final passage, | + | appropriations for the expenses |
- | by yeas and nays, and the names of those voting be entered on the Journal. | + | Judicial Departments |
+ | public schools. All other appropriations shall be made by separate | ||
+ | bills, each embracing but one subject. | ||
- | Sec. 66. The presiding officer of each house shall, in the presence of the house | + | === Section 63. === |
- | 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. | + | |
- | Sec. 67. No act of the Legislative Assembly | + | Every bill shall be read three several times, but the first and second |
- | after the close of the session | + | readings, and those only, may be upon the same day; and the second |
- | expressed in the preamble or body of the act), the Legislative | + | reading may be by title of the bill unless |
- | by a vote of two-thirds of all the members present in each house, otherwise | + | demanded. The first and third readings |
- | direct. | + | Legislative |
- | Sec. 68. The Legislative Assembly shall pass all laws necessary to carry into | + | === Section 64. === |
+ | |||
+ | No bill shall be revised or amended, nor the provisions thereof | ||
+ | extended or incorporated in any other bill by reference to its title | ||
+ | only, but so much thereof as is revised, amended or extended or so | ||
+ | incorporated, | ||
+ | |||
+ | === Section 65. === | ||
+ | |||
+ | No bill shall become a law except by a vote of the majority of all the | ||
+ | members elect in each house, nor unless, on its final passage, the | ||
+ | vote be taken by yeas and nays, and the names of those voting be | ||
+ | entered on the Journal. | ||
+ | |||
+ | === Section 66. === | ||
+ | |||
+ | The presiding officer of each house shall, in the presence of the | ||
+ | house over which he presides, sign all bills and joint resolutions | ||
+ | passed by the Legislative Assembly ; immediately before such signing | ||
+ | their title shall be publicly read, and the fact of signing shall be | ||
+ | at once entered on the Journal. | ||
+ | |||
+ | === Section 67. === | ||
+ | |||
+ | No act of the Legislative Assembly shall take effect until July 1st, | ||
+ | after the close of the session unless in case of emergency (which | ||
+ | shall be expressed in the preamble or body of the act), the | ||
+ | Legislative Assembly shall, by a vote of two-thirds of all the members | ||
+ | present in each house, otherwise direct. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The Legislative Assembly shall pass all laws necessary to carry into | ||
effect the provisions of this Constitution. | effect the provisions of this Constitution. | ||
- | Sec. 69. The Legislative Assembly shall not pass local or special laws in any of | + | === Section |
+ | |||
+ | The Legislative Assembly shall not pass local or special laws in any of | ||
the following enumerated cases, that is to say: | the following enumerated cases, that is to say: | ||
+ | |||
+ | <WRAP indent> | ||
1. For granting divorces. | 1. For granting divorces. | ||
- | 2. Laying out, opening, altering or working roads or highways, vacating roads, | + | 2. Laying out, opening, altering or working roads or highways, |
- | town plats, streets, alleys or public grounds. | + | vacating roads, town plats, streets, alleys or public grounds. |
3. Locating or changing county seats. | 3. Locating or changing county seats. | ||
Line 375: | Line 546: | ||
5. Regulating the practice of courts of justice. | 5. Regulating the practice of courts of justice. | ||
- | 6. Regulating the jurisdiction and duties of justices of the peace, | + | 6. Regulating the jurisdiction and duties of justices of the peace, |
- | magistrates or constables. | + | police |
7. Changing the rules of evidence in any trial or inquiry. | 7. Changing the rules of evidence in any trial or inquiry. | ||
Line 384: | Line 555: | ||
9. Declaring any person of age. | 9. Declaring any person of age. | ||
- | 10. For limitation of civil actions, or giving effect to informal or invalid | + | 10. For limitation of civil actions, or giving effect to informal or |
- | deeds. | + | invalid |
- | 11. Summoning or impannelintr | + | 11. Summoning or impaneling |
12. Providing for the management of common schools. | 12. Providing for the management of common schools. | ||
Line 393: | Line 564: | ||
13. Regulating the rate of interest on money. | 13. Regulating the rate of interest on money. | ||
- | 14. The opening or conducting of any election, or designating the place of | + | 14. The opening or conducting of any election, or designating the |
- | voting. | + | place of voting. |
- | 15. The sale or mortgage of real estate belonging to minors or othere | + | 15. The sale or mortgage of real estate belonging to minors or othere |
- | disability. | + | under disability. |
16. Chartering or licensing ferries, toll bridges or toll roads. | 16. Chartering or licensing ferries, toll bridges or toll roads. | ||
Line 403: | Line 574: | ||
17. Remitting fines, penalties or forfeitures. | 17. Remitting fines, penalties or forfeitures. | ||
- | 18. Creating, increasing or decreasing fees, percentages or allowances of public | + | 18. Creating, increasing or decreasing fees, percentages or allowances |
- | officers. | + | of public officers. |
19. Changing the law of descent. | 19. Changing the law of descent. | ||
- | 20. Granting to any corporation, | + | 20. Granting to any corporation, |
- | railroad tracks, or any special or exclusive privilege, immunity or franchise | + | to lay down railroad tracks, or any special or exclusive privilege, |
- | whatever. | + | immunity or franchise whatever. |
21. For the punishment of crimes. | 21. For the punishment of crimes. | ||
Line 418: | Line 589: | ||
23. For the assessment or collection of taxes. | 23. For the assessment or collection of taxes. | ||
- | 24. Affecting estates of deceased persons, minors or others under legal | + | 24. Affecting estates of deceased persons, minors or others under |
- | disabilities. | + | legal disabilities. |
25. Extending the time for the collection of taxes. | 25. Extending the time for the collection of taxes. | ||
Line 425: | Line 596: | ||
26. Refunding money into the State Treasury. | 26. Refunding money into the State Treasury. | ||
- | 27. Relinquishing or extinguishing in whole or in part the indebtedness, | + | 27. Relinquishing or extinguishing in whole or in part the |
- | liability or obligation of any corporation or person to this State, or to any | + | indebtedness, |
- | municipal corporation therein. | + | this State, or to any municipal corporation therein. |
- | 28. Legalizing, except as against the State, the unauthorized or invalid act of | + | 28. Legalizing, except as against the State, the unauthorized or |
- | any officer. | + | invalid act of any officer. |
29. Exempting property from taxation. | 29. Exempting property from taxation. | ||
Line 438: | Line 609: | ||
31. Authorizing the creation, extension or impairing of liens. | 31. Authorizing the creation, extension or impairing of liens. | ||
- | 32. Creating offices, or prescribing the powers or duties of officers | + | 32. Creating offices, or prescribing the powers or duties of officers |
- | counties, cities, townships, election or school districts, or authorizing the | + | in counties, cities, townships, election or school districts, or |
- | adoption or legitimation of children. | + | authorizing the adoption or legitimation of children. |
- | 33. Incorporation of cities, towns or villages, or changing or amending the | + | 33. Incorporation of cities, towns or villages, or changing or |
- | charter of any town, city or village. | + | amending the charter of any town, city or village. |
- | 34. Providing for the election of members of the Board of Supervisors | + | 34. Providing for the election of members of the Board of Supervisors |
- | townships, incorporated towns or cities. | + | in townships, incorporated towns or cities. |
35. The protection of game or fish. | 35. The protection of game or fish. | ||
- | Sec. 70. In all other cases where a general law can be made applicable, no | + | </ |
- | special law shall be enacted; nor shall the Legislative Assembly indirectly | + | |
- | enact such special or local law by the partial repeal of a general law; but laws | + | |
- | repealing local or special acts may be passed. | + | |
- | ===== ARTICLE III. | + | === Section 70. === |
- | Sec. 71. The executive power shall be vested in a Governor, who shall reside at | + | In all other cases where a general law can be made applicable, no |
- | the seat of government, and shall hold his office for the term of two years and | + | special law shall be enacted; nor shall the Legislative Assembly |
- | until his successor is elected and duly qualified. | + | indirectly enact such special or local law by the partial repeal |
+ | general law; but laws repealing local or special acts may be passed. | ||
- | Sec. 72. A Lieutenant Governor shall be elected at the same time and for the | + | ===== ARTICLE III. EXECUTIVE DEPARTMENT. ===== |
- | same term as the Governor. In case of the death, impeachment, | + | |
- | 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. | + | |
- | Sec. 73. No person shall be eligible to the office of Governor or Lieutenant | + | === Section 71. === |
- | 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. | + | |
- | Sec. 74. The Governor and Lieutenant Governor shall be elected by the qualified | + | The executive power shall be vested in a Governor, who shall reside at |
+ | the seat of government, and shall hold his office for the term of two | ||
+ | years and until his successor is elected and duly qualified. | ||
+ | |||
+ | === Section 72. === | ||
+ | |||
+ | A Lieutenant Governor shall be elected at the same time and for the | ||
+ | same term as the Governor. In case of the death, impeachment, | ||
+ | resignation, | ||
+ | office, or the disability of the Governor, the powers and duties of | ||
+ | the office for the residue of the term, or until he shall be | ||
+ | acquitted, or the disability be removed, shall devolve upon the | ||
+ | Lieutenant Governor. | ||
+ | |||
+ | === Section 73. === | ||
+ | |||
+ | No person shall be eligible to the office of Governor or Lieutenant | ||
+ | Governor unless he be a citizen of the United States, and a qualified | ||
+ | elector of the State, who shall have attained the age of thirty years, | ||
+ | and who shall have resided five years next preceding the election | ||
+ | within the State or Territory, nor shall he be eligible to any other | ||
+ | office during the term for which he shall have been elected. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The Governor and Lieutenant Governor shall be elected by the qualified | ||
electors of the State at the time and places of choosen members of the | electors of the State at the time and places of choosen members of the | ||
- | Legislative Assembly. The persons having the highest number of votes for | + | Legislative Assembly. The persons having the highest number of votes |
- | Governor and Lieutenant Governor respectively shall be declared elected, but if | + | for Governor and Lieutenant Governor respectively shall be declared |
- | two or more shall have an equal and highest number of votes for Governor or | + | elected, but if two or more shall have an equal and highest number of |
- | Lieutenant Governor, the two houses of the Legislative Assembly at its next | + | votes for Governor or Lieutenant Governor, the two houses of the |
- | regular session shall forthwith, by joint ballot, choose one of such persons for | + | Legislative Assembly at its next regular session shall forthwith, by |
- | said office. The returns of the election for Governor and Lieutenant Governor | + | joint ballot, choose one of such persons for said office. The returns |
- | shall be made in such manner as shall be prescribed by law. | + | of the election for Governor and Lieutenant Governor shall be made in |
+ | such manner as shall be prescribed by law. | ||
- | Sec. 75. The Governor shall be Commander-in-Chief of the military and naval | + | === Section |
- | 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. | + | |
- | Assembly on ex traordinary occasions. He shall at the commencement of each | + | |
- | session communicate to the Legislative Assembly by message, in formation of the | + | |
- | condition of the State, and recommend such measures as he shall deem expedient. | + | |
- | He shall transact all necessary business with the officers of the government, | + | |
- | civil and military. He shall expedite all such measures as may be resolved upon | + | |
- | by the Legislative Assembly, and shall take care that the laws be faithfully | + | |
- | executed. | + | |
- | Sec. 76. The Governor shall have power to remit fines and for feitures, to grant | + | The Governor shall be Commander-in-Chief of the military |
- | reprieves, commutations and pardous after conviction, for all offences | + | forces of the State, except |
- | treason and cases of impeachment; | + | of the United States, and may call out the same to execute |
- | regulate | + | suppress insurrection |
- | reprieves may be applied for. Upon conviction for treason he shall have power to | + | convene |
- | suspend | + | at the commencement of each session |
- | Legislative Assembly at its next regular | + | Assembly by message, in formation of the condition |
- | shall either pardon or commute the sentence, direct | + | recommend such measures as he shall deem expedient. He shall transact |
- | sentence or grant further reprieve. He shall communicate to the Legislative | + | all necessary business with the officers |
- | Assembly at each regular session each case of remission of fine, reprieve, | + | military. He shall expedite all such measures as may be resolved upon |
- | commutation or pardon granted by him, stating | + | by the Legislative Assembly, and shall take care that the laws be |
- | for which he is convicted, | + | faithfully executed. |
- | remission, commutation, | + | |
- | same. | + | |
- | Sec. 77. The Lieutenant Governor shall be President of the Senate, but shall | + | === Section 76. === |
- | have no vote unless they be equally divided. If, during a vacancy in the office | + | |
- | of Governor, the Lieutenant Governor shall be impeached, displaced, resign or | + | |
- | die, or from mental or physical disease, or otherwise become incapable of | + | |
- | performing the duties of his office, the Secretary of State shall act as | + | |
- | Governor until the vacancy shall be filled or the disability removed. | + | |
- | Sec. 78. When any office | + | The Governor |
- | provided by the Constitution or law for filling such vacancy, the Governor | + | grant reprieves, commutations |
- | have power to fill such vacancy | + | offences except treason and cases of impeachment; |
+ | Assembly may by law regulate the manner in which the remissiom of | ||
+ | fines, pardons, commutations and reprieves may be applied | ||
+ | conviction for treason he shall have 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 | ||
+ | either pardon or commute the sentence, direct the execution of the | ||
+ | sentence or grant further reprieve. He shall communicate | ||
+ | Legislative Assembly at each regular session each case of remission of | ||
+ | fine, reprieve, commutation or pardon granted | ||
+ | of the convict, the crime for which he is convicted, the sentence and | ||
+ | its date, and the date of the remission, commutation, | ||
+ | reprieve, with his reasons for granting the same. | ||
- | Sec. 79. Every bill which shall have passed the Legislative As sembly shall, | + | === Section 77. === |
- | before it becomes a law, be presented to the Governor. If he approve, he shall | + | |
- | sigh, but if not, he shall return it with his objections to the house in which | + | |
- | it originated, which shall enter the objections at large upon the Journal and | + | |
- | proceed to reconsider it. If, after such reconsideration, | + | |
- | 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, | + | |
- | if it be approved by two-thirds of the members elect, it shall become a law; but | + | |
- | in all such cases the vote of both houses shall be determined by the yeas and | + | |
- | nays, and the names of the members voting for and against the bill shall be | + | |
- | entered upon the Journal of each house respectively. If any bill shall not be | + | |
- | returned by the Governor within three days (Sundays excepted) after it shall | + | |
- | have been presented to him, the same shall be a law, unless the Legislative | + | |
- | Assembly by its adjournment, | + | |
- | law, unless he shall file the same with his objections in the office of the | + | |
- | Secretary of State, within fifteen days after such adjournment. | + | |
- | Sec. 80. The Governor shall have power to disapprove | + | The Lieutenant |
- | part or parts of any bill making appropriations of money or property embracing | + | have no vote unless they be equally divided. If, during a vacancy in |
- | distinct items, and the part or parts of the bill approved | + | the office |
- | the item or items, and part or parts disapproved shall be void, unless enacted | + | displaced, resign |
- | in the following manner: If the Legislative Assembly be in session he shall | + | otherwise become incapable of performing |
- | transmit to the house in which the bill originated a copy of the item or items, | + | Secretary of State shall act as Governor until the vacancy |
- | or part or parts thereof disapproved, | + | filled |
- | the items or parts objected to shall be separately reconsidered, | + | |
- | or part shall then take the same course as is prescribed for the passage of | + | |
- | bills over the executive veto. | + | |
- | Sec. 81. Any Governor of this State who asks, receives or agrees to receive any | + | === Section 78. === |
- | bribe upon any understanding that his official opinion, judgment or action shall | + | |
- | be influenced thereby, or who gives or offers, or promises his official | + | When any office shall from any cause become vacant, and no mode is |
- | influence in consideration that any member of the Legislative Assembly shall | + | provided by the Constitution or law for filling such vacancy, the |
- | give his official vote or influence on any particular side of any question or | + | Governor shall have power to fill such vacancy by appointment. |
- | 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 | + | === Section 79. === |
- | 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 | + | Every bill which shall have passed the Legislative Assembly shall, |
- | consideration that any member shall give his official vote or influence on any | + | before it becomes a law, be presented to the Governor. If he approve, |
- | matter pending or thereafter to be introduced into either house of said | + | he shall sign, but if not, he shall return it with his objections to |
- | Legislative Assembly, or who threatens any member that he, the said Governor, | + | the house in which it originated, which shall enter the objections at |
- | will remove any person or persons from office or position with intent in any | + | large upon the Journal and proceed to reconsider it. If, after such |
- | manner to influence the action of said member, shall be punished in the manner | + | reconsideration, |
- | now or that may here after be provided by law, and upon conviction thereof shall | + | the bill, it shall be sent, together with the objections, to the other |
- | forfeit all right to hold or exercise any office of trust or honor in this | + | house, by which it shall likewise be reconsidered, |
+ | approved by two-thirds of the members elect, it shall become a law; | ||
+ | but in all such cases the vote of both houses shall be determined by | ||
+ | the yeas and nays, and the names of the members voting for and against | ||
+ | the bill shall be entered upon the Journal of each house respectively. | ||
+ | If any bill shall not be returned by the Governor within three days | ||
+ | (Sundays excepted) after it shall have been presented to him, the same | ||
+ | shall be a law, unless the Legislative Assembly by its adjournment, | ||
+ | prevent its return, in which case it shall be a law, unless he shall | ||
+ | file the same with his objections in the office of the Secretary of | ||
+ | State, within fifteen days after such adjournment. | ||
+ | |||
+ | === Section 80. === | ||
+ | |||
+ | The Governor shall have power to disapprove of any item or items, or | ||
+ | part or parts of any bill making appropriations of money or property | ||
+ | embracing distinct items, and the part or parts of the bill approved | ||
+ | shall be the law, and the item or items, and part or parts disapproved | ||
+ | shall be void, unless enacted in the following manner: If the | ||
+ | Legislative Assembly be in session he shall transmit to the house in | ||
+ | which the bill originated a copy of the item or items, or part or | ||
+ | parts thereof disapproved, | ||
+ | the items or parts objected to shall be separately reconsidered, | ||
+ | each item or part shall then take the same course as is prescribed for | ||
+ | the passage of bills over the executive veto. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | Any Governor of this State who asks, receives or agrees to receive any | ||
+ | bribe upon any understanding that his official opinion, judgment or | ||
+ | action shall be influenced thereby, or who gives or offers, or | ||
+ | promises his official influence in consideration that any member of | ||
+ | the Legislative Assembly shall give his official vote or influence on | ||
+ | any particular side of any question or matter upon which he may be | ||
+ | required to act in his official capacity, or who menaces any member by | ||
+ | the threatened use of his veto power, or who offers or promises any | ||
+ | member that he, the said Governor will appoint any particular person | ||
+ | or persons to any office created or thereafter to be created, in | ||
+ | consideration that any member shall give his official vote or | ||
+ | influence on any matter pending or thereafter to be introduced into | ||
+ | either house of said Legislative Assembly, or who threatens any member | ||
+ | that he, the said Governor, will remove any person or persons from | ||
+ | office or position with intent in any manner to influence the action | ||
+ | of said member, shall be punished in the manner now or that may here | ||
+ | after be provided by law, and upon conviction thereof shall forfeit | ||
+ | all right to hold or exercise any office of trust or honor in this | ||
State. | State. | ||
- | Sec. 82. There shall be chosen by the qualified electors of the State at the | + | === Section |
- | times and places of choosing members of the Legislative Assembly, a Secretary of | + | |
- | State, Auditor, Treasurer, Superintendent of Public Instruction, | + | |
- | Insurance, three Commissioners of Railroads, one Attorney General and one | + | |
- | Commissioner of Agriculture and Labor; who shall have attained the age of | + | |
- | twenty-five years, shall be citizens of the United States, and shall have the | + | |
- | qualifications of State electors. They shall severally hold their offices at the | + | |
- | seat of government, for the term of two years and until their successors are | + | |
- | elected and duly qualified, but no person shall be eligible to the office of | + | |
- | Treasurer for more than two consecutive terms. | + | |
- | Sec. 83. The powers | + | There shall be chosen by the qualified electors of the State at the |
- | Superintendent of Public | + | times and places of choosing members |
- | of Railroads, Attorney General and Commissioner of Agriculture and Labor, shall | + | Secretary of State, Auditor, Treasurer, Superintendent of Public |
- | be as prescribed by law. | + | Instruction, Commissioner of Insurance, |
+ | Railroads, | ||
+ | and Labor; who shall have attained the age of twenty-five years, shall | ||
+ | be citizens of the United States, and shall have the qualifications of | ||
+ | State electors. They shall severally hold their offices at the seat of | ||
+ | government, for the term of two years and until their successors are | ||
+ | elected and duly qualified, but no person shall be eligible to the | ||
+ | office of Treasurer for more than two consecutive terms. | ||
- | Sec. 84. Until otherwise provided by law, the Governor shall receive an annual | + | === Section 83. === |
- | salary of three thousand dollars; the Lieutenant Governor shall receive an | + | |
- | annual salary of one thousand dollars; the Secretary of State, Auditor, | + | |
- | Treasurer, Superintendent of Public Instruction, | + | |
- | Commissioners of Railroads and Attorney General shall each receive an annual | + | |
- | salary of two thousand dollars; the salary of the Commissioner of Agriculture | + | |
- | and Labor shall be as prescribed by law, but the salaries of any of the said | + | |
- | officers shall not be increased or diminished during the period for which they | + | |
- | shall have been elected, and all fees and profits arising from any of the said | + | |
- | offices shall be covered into the State treasury. | + | |
- | ===== ARTICLE IV. | + | The powers and duties of the Secretary of State, Auditor, Treasurer, |
+ | Superintendent of Public Ins: | ||
+ | Commissioners of Railroads, Attorney General and Commissioner of | ||
+ | Agriculture and Labor, shall be as prescribed by law. | ||
- | Sec. 85. The judicial power of the State of North Dakota shall be vested in a | + | === Section 84. === |
- | supreme court, district courts, county courts, justices of the peace, and in | + | |
- | such other courts as may be created by law for cities, incorporated towns and | + | |
- | villages. | + | |
- | Sec. 86. The supreme court, except as otherwise provided | + | Until otherwise provided |
- | shall have appellate jurisdiction only, which shall be co-extensive with the | + | salary of three thousand dollars; the Lieutenant Governor |
- | State and shall have a general superintending control over all inferior courts | + | receive an annual salary of one thousand dollars; |
- | under such regulations | + | State, Auditor, Treasurer, Superintendent of Public Instruction, |
+ | Commissioner of Insurance, Commissioners of Railroads | ||
+ | General | ||
+ | the salary of the Commissioner of Agriculture | ||
+ | prescribed by law, but the salaries of any of the said officers shall | ||
+ | not be increased or diminished during the period for which they shall | ||
+ | have been elected, and all fees and profits arising from any of the | ||
+ | said offices shall be covered into the State treasury. | ||
- | Sec. 87. It shall have power to issue writs of habeas corpus, mandamus, quo | + | ===== ARTICLE IV. JUDICIAL DEPARTMENT. ===== |
- | warranto, certiorari, injunction, and such other original and remedial writs as | + | |
- | may be necessary to the proper exercise of its jurisdiction, | + | |
- | authority to hear and determine the same; Provided, however, that no jury trials | + | |
- | shall be allowed in said supreme court, but in proper cases questions of fact | + | |
- | may be sent by said court to a district court for trial. | + | |
- | Sec. 88. Until otherwise provided by law three terms of the supreme court shall | + | === Section 85. === |
- | be held each year, one at the seat of government, one at Fargo, in the county of | + | |
- | Cass, and one at Grand Forks, in the county of Grand Forks. | + | |
- | Sec. 89. The supreme court shall consist | + | The judicial power of the State of North Dakota |
- | shall be necessary to form a quorum or pronounce a decision, but one or more of | + | supreme court, district courts, county courts, justices |
- | said judges | + | and in such other courts as may be created by law for cities, |
+ | incorporated towns and villages. | ||
- | Sec. 90. The judges of the supreme court shall be elected by the qualified | + | === Section 86. === |
- | electors of the State at large, and except as may be otherwise provided herein | + | |
- | for the first election for judges under this Constitution, | + | |
- | elected at general elections. | + | |
- | Sec. 91. The term of office of the judges of the supreme court, except as in | + | The supreme court, except as otherwise provided |
- | this article | + | shall have appellate jurisdiction only, which shall be co-extensive |
- | offices until their successors are duly qualified. | + | with the State and shall have a general superintending control over |
+ | all inferior courts under such regulations and limitations as may be | ||
+ | prescribed by law. | ||
- | Sec. 92. The judges of the supreme court shall, immediately after the first | + | === Section 87. === |
- | election under this Constitution, | + | |
- | his office for the term of three years, one for the term of five years and one | + | |
- | for the term of seven years from the first Monday in December, A. D. 1889. The | + | |
- | lots shall be drawn by the judges who shall for that purpose assemble at the | + | |
- | seat of government, and they shall cause the result thereof to be certified to | + | |
- | the Secretary of the Territory and filed in his office unless the Secretary of | + | |
- | State of North Dakota shall have entered upon the duties of his office, in which | + | |
- | event said certification shall be filed therein. The judge having the shortest | + | |
- | term to serve, not holding his office by election or appointment to fill a | + | |
- | vacancy, shall be Chief Justice and shall preside at all terms of the supreme | + | |
- | court and in case of his absence the judge having in like manner the next | + | |
- | shortest term to serve shall preside in his stead. | + | |
- | Sec. 93. There shall be a clerk and also a reporter | + | It shall have power to issue writs of habeas corpus, mandamus, quo |
- | shall be appointed by the judges thereof, and who shall hold their offices | + | warranto, certiorari, injunction, and such other original and remedial |
- | during | + | writs as may be necessary to the proper exercise |
- | prescribed by law and by rules of the supreme court not inconsistent with law. | + | and shall have authority to hear and determine the same; Provided, |
- | The Legislative Assembly shall make provision for the publication and | + | however, that no jury trials |
- | distribution | + | but in proper cases questions |
- | published volumes thereof. | + | district |
- | Sec. 94. No person shall be eligible to the office of judge of the supreme court | + | === Section 88. === |
- | unless he be learned in the law, be at least thirty years of age and a citizen | + | |
- | of the United States, nor unless he shall have resided in this State or | + | |
- | Territory of Dakota three years next preceding his election. | + | |
- | Sec. 95. Whenever the population | + | Until otherwise provided by law three terms of the supreme court shall |
- | hundred thousand | + | be held each year, one at the seat of government, one at Fargo, in the |
- | number | + | county |
- | said court, as thus increased, shall constitute a quorum. | + | |
- | Sec 96. No duties shall be imposed by law upon the supreme court or auy of the | + | === Section 89. === |
- | judges thereof, except such as are judicial, nor shall auy of the judges thereof | + | |
- | exercise auy power of appointment except as herein provided. | + | |
- | Sec. 97. The style of all process | + | The supreme court shall consist |
- | prosecutions | + | shall be necessary to form a quorum or pronounce a decision, but one |
- | of North Dakota, and conclude " | + | or more of said judges may adjourn |
- | North Dakota." | + | day certain. |
- | Sec. 98. Any vacancy happening by death, resignation or otherwise in the office | + | === Section 90. === |
- | of judge of the supreme court shall be filled by appointment, | + | |
- | which appointment shall continue until the first general election thereafter, | + | |
- | when said vacancy shall be filled by election. | + | |
- | Sec. 99. The judges of the supreme | + | The judges of the supreme |
- | compensation for their services | + | electors of the State at large, and except |
- | shall not be increased or diminished during | + | provided herein for the first election |
- | have been elected. | + | Constitution, |
- | Sec. 100. In case a judge of the supreme court shall be in any way interested in | + | === Section 91. === |
- | a cause brought before said court, the remaining judges of said court shall call | + | |
- | one of the district judges to sit with them on the hearing of said cause. | + | |
- | Sec. 101. When a judgment or decree is reversed or confirmed by the supreme | + | The term of office of the judges of the supreme court, except as in |
- | court every point fairly arising upon the record of the case shall be considered | + | this article otherwise provided, shall be six years, and they shall |
- | and decided, and the reasons there for shall be concisely stated in writing, | + | hold their offices until their successors are duly qualified. |
- | signed by the judges concurring, filed in the office of the clerk of the supreme | + | |
- | court and preserved with a record of the case. Any judge dissenting there from | + | |
- | may give the reasons of his dissent in writing over his signature. | + | |
- | Sec. 102. It shall be the duty of the court to prepare a syllabus of the points | + | === Section 92. === |
- | adjudicated in each case, which shall be concurred in by a majority of the | + | |
- | judges thereof, and it shall be prefixed to the published reports of the case. | + | |
- | DISTRICT COURTS. | + | The judges of the supreme |
- | except as otherwise provided in this Constitution, | + | election under this Constitution, |
- | equity, and such appellate jurisdiction as may be conferred | + | shall hold his office for the term of three years, one for the term of |
- | judges | + | five years and one for the term of seven years from the first Monday |
- | corpus, quo warranto, certiorari, injunction and other original | + | in December, A. D. 1889. The lots shall be drawn by the judges |
- | writs, with authority to hear and determine | + | shall for that purpose assemble at the seat of government, |
+ | shall cause the result thereof | ||
+ | Territory and filed in his office unless the Secretary of State of | ||
+ | North Dakota shall have entered upon the duties of his office, in | ||
+ | which event said certification shall be filed therein. The judge | ||
+ | having the shortest term to serve, not holding his office by election | ||
+ | or appointment to fill a vacancy, shall be Chief Justice | ||
+ | preside at all terms of the supreme court and in case of his absence | ||
+ | the judge having in like manner the next shortest term to serve shall | ||
+ | preside in his stead. | ||
- | Sec. 104. The State shall be divided into Six Judicial Districts, in each of | + | === Section 93. === |
- | which there shall be elected at general elections, by the electors thereof, one | + | |
- | judge of the district court therein, whose term of office shall be four years | + | |
- | from the first Monday in January succeeding his election and until his successor | + | |
- | is duly qualified. This section shall not be construed as governing the first | + | |
- | election of district judges under this Constitution. | + | |
- | Sec. 105. Until otherwise provided by law said districts shall be constituted as | + | There shall be a clerk and also a reporter of the supreme court, who |
+ | shall be appointed by the judges thereof, and who shall hold their | ||
+ | offices during the pleasure of said judges, and whose duties and | ||
+ | emoluments shall be prescribed by law and by rules of the supreme | ||
+ | court not inconsistent with law. The Legislative Assembly shall make | ||
+ | provision for the publication and distribution of the decisions of the | ||
+ | supreme court and for the sale of the published volumes thereof. | ||
+ | |||
+ | === Section 94. === | ||
+ | |||
+ | No person shall be eligible to the office of judge of the supreme | ||
+ | court unless he be learned in the law, be at least thirty years of age | ||
+ | and a citizen of the United States, nor unless he shall have resided | ||
+ | in this State or Territory of Dakota three years next preceding his | ||
+ | election. | ||
+ | |||
+ | === Section 95. === | ||
+ | |||
+ | Whenever the population of the State of North Dakota shall equal six | ||
+ | hundred thousand the Legislative Assembly shall have the power to | ||
+ | increase the number of the judges of the supreme court to five, in | ||
+ | which event a majority of said court, as thus increased, shall | ||
+ | constitute a quorum. | ||
+ | |||
+ | Sec 96. No duties shall be imposed by law upon the supreme court or | ||
+ | auy of the judges thereof, except such as are judicial, nor shall auy | ||
+ | of the judges thereof exercise auy power of appointment except as | ||
+ | herein provided. | ||
+ | |||
+ | === Section 97. === | ||
+ | |||
+ | The style of all process shall be "The State of North Dakota." | ||
+ | prosecutions shall be carried ou in the name and by the authority of | ||
+ | the State of North Dakota, and conclude " | ||
+ | of the State of North Dakota." | ||
+ | |||
+ | === Section 98. === | ||
+ | |||
+ | Any vacancy happening by death, resignation or otherwise in the office | ||
+ | of judge of the supreme court shall be filled by appointment, | ||
+ | Governor, which appointment shall continue until the first general | ||
+ | election thereafter, when said vacancy shall be filled by election. | ||
+ | |||
+ | === Section 99. === | ||
+ | |||
+ | The judges of the supreme and district courts shall receive such | ||
+ | compensation for their services as may be prescribed by law, which | ||
+ | compensation shall not be increased or diminished during the term for | ||
+ | which a judge shall have been elected. | ||
+ | |||
+ | === Section 100. === | ||
+ | |||
+ | In case a judge of the supreme court shall be in any way interested in | ||
+ | a cause brought before said court, the remaining judges of said court | ||
+ | shall call one of the district judges to sit with them on the hearing | ||
+ | of said cause. | ||
+ | |||
+ | === Section 101. === | ||
+ | |||
+ | When a judgment or decree is reversed or confirmed by the supreme | ||
+ | court every point fairly arising upon the record of the case shall be | ||
+ | considered and decided, and the reasons there for shall be concisely | ||
+ | stated in writing, signed by the judges concurring, filed in the | ||
+ | office of the clerk of the supreme court and preserved with a record | ||
+ | of the case. Any judge dissenting there from may give the reasons of | ||
+ | his dissent in writing over his signature. | ||
+ | |||
+ | === Section 102. === | ||
+ | |||
+ | It shall be the duty of the court to prepare a syllabus of the points | ||
+ | adjudicated in each case, which shall be concurred in by a majority of | ||
+ | the judges thereof, and it shall be prefixed to the published reports | ||
+ | of the case. | ||
+ | |||
+ | ==== DISTRICT COURTS. ==== | ||
+ | |||
+ | === Section 103. === | ||
+ | |||
+ | The district court shall have original jurisdiction, | ||
+ | otherwise provided in this Constitution, | ||
+ | equity, and such appellate jurisdiction as may be conferred by law. | ||
+ | They and the judges thereof shall also have jurisdiction and power to | ||
+ | issue writs of habeas corpus, quo warranto, certiorari, injunction and | ||
+ | other original and remedial writs, with authority to hear and | ||
+ | determine the same. | ||
+ | |||
+ | === Section 104. === | ||
+ | |||
+ | The State shall be divided into Six Judicial Districts, in each of | ||
+ | which there shall be elected at general elections, by the electors | ||
+ | thereof, one judge of the district court therein, whose term of office | ||
+ | shall be four years from the first Monday in January succeeding his | ||
+ | election and until his successor is duly qualified. This section shall | ||
+ | not be construed as governing the first election of district judges | ||
+ | under this Constitution. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | Until otherwise provided by law said districts shall be constituted as | ||
follows: | follows: | ||
- | District No. One shall consist of the counties of Pembina, Cavalier, Walsh, | + | District No. One shall consist of the counties of Pembina, Cavalier, |
- | Nelson and Grand Forks. | + | Walsh, Nelson and Grand Forks. |
- | District No. Two shall consist of the counties of Ramsey, Towner, Benson, | + | District No. Two shall consist of the counties of Ramsey, Towner, |
- | Pierce, Rolette, Bottineau, McHenry, Church, Renville, Ward, Stevens, | + | Benson, Pierce, Rolette, Bottineau, McHenry, Church, Renville, Ward, |
- | Mountraille, | + | Stevens, Mountraille, |
- | District No. Three shall consist of the counties of Cass, Steele and Traill. | + | District No. Three shall consist of the counties of Cass, Steele and |
+ | Traill. | ||
- | District No. Four shall consist of the counties of Richland, Ransom, Sargent, | + | District No. Four shall consist of the counties of Richland, Ransom, |
- | Dickey and McIntosh. | + | Sargent, Dickey and McIntosh. |
- | District No. Five shall consist of the counties of Logan, LaMoure, Stutsman, | + | District No. Five shall consist of the counties of Logan, LaMoure, |
- | Barnes, Wells, Foster, Eddy and Griggs. | + | Stutsman, Barnes, Wells, Foster, Eddy and Griggs. |
- | District No. Six shall consist of the counties of Burleigh, Emmons, Kidder, | + | District No. Six shall consist of the counties of Burleigh, Emmons, |
- | Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark, Hettinger, Bowman, | + | Kidder, Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark, |
- | Billings, McKenzie, Dunn, Wallace and Allred, and that portion of the Sioux | + | Hettinger, Bowman, Billings, McKenzie, Dunn, Wallace and Allred, and |
- | Indian Reservation lying north of the Seventh Standard parallel. | + | that portion of the Sioux Indian Reservation lying north of the |
+ | Seventh Standard parallel. | ||
- | Sec. 106. The Legislative Assembly may whenever two-thirds of the members of | + | === Section |
- | each house shall concur therein, but not oftener than once in four years, | + | |
- | increase the number of said judicial districts and the judges thereof; such | + | |
- | districts shall be formed from compact territory and bounded by county lines, | + | |
- | but such increase or change in the boundaries of the districts shall not work | + | |
- | the removal of any judge from his office during the term for which he may have | + | |
- | been elected or appointed. | + | |
- | Sec. 107. No person shall be eligible to the office | + | The Legislative Assembly may whenever two-thirds of the members |
- | be learned in the law, be at least twenty-five years of age, and a citizen of | + | each house shall concur therein, but not oftener than once in four |
- | the United States, nor unless he shall have resided within | + | years, increase |
- | Territory | + | thereof; such districts shall be formed from compact territory and |
- | he shall at the time of his election be an elector within the Judicial District | + | bounded by county lines, but such increase or change in the boundaries |
- | for which he is elected. | + | of the districts |
+ | office during the term for which he may have been elected | ||
+ | appointed. | ||
- | Sec. 108. There shall be a Clerk of the District Court in each organized county | + | === Section 107. === |
- | in which a court is holden who shall be elected by the qualified electors of the | + | |
- | county, and shall hold his office for the same term as other county officers. He | + | |
- | shall receive such compensation for his services as may be prescribed by law. | + | |
- | Sec. 109. Writs of error and appeals may be allowed from the decisions | + | No person shall be eligible to the office |
- | district courts to the Supreme Court under such regulations as may be prescribed | + | be learned in the law, be at least twenty-five years of age, and a |
- | by law. | + | citizen |
+ | the State or Territory of Dakota at least two years next preceding his | ||
+ | election, nor unless he shall at the time of his election | ||
+ | elector within the Judicial District for which he is elected. | ||
- | COUNTY COURTS. | + | === Section 108. === |
- | Sec. 110. There shall be established | + | There shall be a Clerk of the District Court in each organized |
- | be a court Of record open at all times and holden | + | in which a court is holden |
- | electors of the county, and whose term of office shall be two years. | + | electors of the county, and shall hold his office |
+ | other county officers. He shall receive such compensation for his | ||
+ | services as may be prescribed by law. | ||
- | Sec. 111. The County Court shall have exclusive original jurisdiction in probate | + | === Section 109. === |
- | and testamentary matters, the appointment of administrators and guardians, the | + | |
- | settlement of the accounts of executors, administrators and guardians, the sale | + | |
- | of lands by executors, administrators, | + | |
- | jurisdiction as may be conferred by law; Provided, That whenever the voters of | + | |
- | any county having a population of two thousand or over shall decide by a | + | |
- | majority vote that they desire the jurisdiction of said court increased above | + | |
- | that limited by this constitution, | + | |
- | jurisdiction with the District Courts in all civil actions where the amount in | + | |
- | controversy does not exceed one thousand dollars, and in all criminal actions | + | |
- | below the grade of felony, and in case it is decided by the voters of any county | + | |
- | to so increase the jurisdiction of said county court, the jurisdiction in cases | + | |
- | of misdemeanors arising under State laws which may have been conferred upon | + | |
- | police magistrates, | + | |
- | Court in counties where the jurisdiction of said court shall have been increased | + | |
- | shall be the same as those of the district judge, except he shall be a resident | + | |
- | of the county at the time of his election, and said county judge shall receive | + | |
- | such salary for his services as may be provided by law. In case the voters of | + | |
- | any county decide to increase the jurisdiction of said county courts, then such | + | |
- | jurisdiction as thus increased shall remain until otherwise provided by law. | + | |
- | JUSTICES OF THE PEACE. | + | Writs of error and appeals may be allowed from the decisions of the |
+ | district courts to the Supreme Court under such regulations as may be | ||
+ | prescribed by law. | ||
- | Sec. 112. The Legislative Assembly shall provide by law for the election of | + | ==== COUNTY COURTS. ==== |
- | justices of the peace in each organized county within the state. But the number | + | |
- | of said justices to be elected in each organized county shall be limited by law | + | === Section 110. === |
- | to such a number as shall be necessary for the proper administration of justice. | + | |
- | The justices of the peace herein provided for shall have concurrent jurisdiction | + | There shall be established in each county a county court, which shall |
- | with the district court in all civil actions when the amount in controversy, | + | be a court Of record open at all times and holden by one judge, |
- | exclusive of costs, does not exceed two hundred dollars, and in counties where | + | elected by the electors of the county, and whose term of office shall |
+ | be two years. | ||
+ | |||
+ | === Section 111. === | ||
+ | |||
+ | The County Court shall have exclusive original jurisdiction in probate | ||
+ | and testamentary matters, the appointment of administrators and | ||
+ | guardians, the settlement of the accounts of executors, administrators | ||
+ | and guardians, the sale of lands by executors, administrators, | ||
+ | guardians, and such other probate jurisdiction as may be conferred by | ||
+ | law; Provided, That whenever the voters of any county having a | ||
+ | population of two thousand or over shall decide by a majority vote | ||
+ | that they desire the jurisdiction of said court increased above that | ||
+ | limited by this constitution, | ||
+ | concurrent jurisdiction with the District Courts in all civil actions | ||
+ | where the amount in controversy does not exceed one thousand dollars, | ||
+ | and in all criminal actions below the grade of felony, and in case it | ||
+ | is decided by the voters of any county to so increase the jurisdiction | ||
+ | of said county court, the jurisdiction in cases of misdemeanors | ||
+ | arising under State laws which may have been conferred upon police | ||
+ | magistrates, | ||
+ | County Court in counties where the jurisdiction of said court shall | ||
+ | have been increased shall be the same as those of the district judge, | ||
+ | except he shall be a resident of the county at the time of his | ||
+ | election, and said county judge shall receive such salary for his | ||
+ | services as may be provided by law. In case the voters of any county | ||
+ | decide to increase the jurisdiction of said county courts, then such | ||
+ | jurisdiction as thus increased shall remain until otherwise provided | ||
+ | by law. | ||
+ | |||
+ | ==== JUSTICES OF THE PEACE. ==== | ||
+ | |||
+ | === Section | ||
+ | |||
+ | The Legislative Assembly shall provide by law for the election of | ||
+ | justices of the peace in each organized county within the state. But | ||
+ | the number of said justices to be elected in each organized county | ||
+ | shall be limited by law to such a number as shall be necessary for the | ||
+ | proper administration of justice. The justices of the peace herein | ||
+ | provided for shall have concurrent jurisdiction with the district | ||
+ | court in all civil actions when the amount in controversy, | ||
+ | of costs, does not exceed two hundred dollars, and in counties where | ||
no county court with criminal jurisdiction exists they shall have such | no county court with criminal jurisdiction exists they shall have such | ||
- | jurisdiction to hear and determine cases of misdemeanor as may be provided by | + | jurisdiction to hear and determine cases of misdemeanor as may be |
- | law, but in no case shall said justices of the peace have jurisdiction when the | + | provided by law, but in no case shall said justices of the peace have |
- | boundaries of or title to real estate shall come in question. The Legislative | + | jurisdiction when the boundaries of or title to real estate shall come |
- | Assembly shall have power to abolish the office of justice of the peace and | + | in question. The Legislative Assembly shall have power to abolish the |
- | confer that jurisdiction upon judges of county courts, or elsewhere. | + | office of justice of the peace and confer that jurisdiction upon |
+ | judges of county courts, or elsewhere. | ||
- | POLICE MAGISTRATES. | + | ==== POLICE MAGISTRATES. |
- | Sec. 113. The Legislative Assembly shall provide by law for the election of | + | === Section |
- | police magistrates in cities, incorporated towns, and villages, who in addition | + | |
- | to their jurisdiction of all cases arising under the ordinances of said cities, | + | |
- | towns and villages, shall be ex-officio justices of the peace of the county in | + | |
- | which said cities, towns and villages may be located. And the Legislative | + | |
- | Assembly may confer upon said police magistrates the jurisdiction to hear, try | + | |
- | and determine all cases of misdemeanors, | + | |
- | by information. | + | |
- | Sec. 114. Appeals | + | The Legislative Assembly |
- | of the peace, and police magistrates | + | police magistrates in cities, incorporated towns, and villages, who in |
- | regulations as may be prescribed | + | addition to their jurisdiction |
+ | ordinances of said cities, towns and villages, shall be ex-officio | ||
+ | justices | ||
+ | villages may be located. And the Legislative Assembly may confer upon | ||
+ | said police magistrates | ||
+ | all cases of misdemeanors, | ||
+ | information. | ||
- | MISCELLANEOUS. | + | === Section 114. === |
- | Sec. 115. The time of holding courts in the several counties | + | Appeals shall lie from the county court, final decisions |
- | be as prescribed by law, but at least two terms of the district court shall be | + | of the peace, and police magistrates in such cases and pursuant |
- | held annually in each organized county, and the Legislative Assembly shall make | + | such regulations as may be prescribed by law. |
- | provision for attaching unorganized counties or territories | + | |
- | counties for judicial purposes. | + | |
- | Sec. 116. Judges of the district courts may hold court in other districts than | + | ==== MISCELLANEOUS. ==== |
+ | |||
+ | === Section 115. === | ||
+ | |||
+ | The time of holding courts in the several counties of a district shall | ||
+ | be as prescribed by law, but at least two terms of the district court | ||
+ | shall be held annually in each organized county, and the Legislative | ||
+ | Assembly shall make provision for attaching unorganized counties or | ||
+ | territories to organized counties for judicial purposes. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | Judges of the district courts may hold court in other districts than | ||
their own under such regulations as shall be prescribed by law. | their own under such regulations as shall be prescribed by law. | ||
- | Sec. 117. No judge of the supreme or district court shall act as attorney or | + | === Section |
+ | |||
+ | No judge of the supreme or district court shall act as attorney or | ||
counsellor at law. | counsellor at law. | ||
- | Sec. 118. Until the Legislative Assembly shall provide by law for fixing the | + | === Section |
- | terms of courts the judges of the supreme and district courts shall fix the | + | |
- | terms thereof. | + | |
- | Sec. 119. No judge of the supreme or district court shall be elected or | + | Until the Legislative Assembly |
- | appointed to any other than judicial offices or be eligible thereto during | + | terms of courts the judges |
- | term for which he was elected or appointed such judge. All votes or appointments | + | fix the terms thereof. |
- | for either | + | |
- | the supreme | + | |
- | people, shall be void. | + | |
- | Sec. 120. Tribunals of conciliation may be established with such powers and | + | === Section 119. === |
- | duties as shall be prescribed by law, or the powers and duties of such may be | + | |
- | conferred upon other courts of justice; but such tribunals or other courts when | + | |
- | sitting as such, shall have no power to render judgment to be obligatory on the | + | |
- | parties, unless they voluntarily submit their matters of difference and agree to | + | |
- | abide the judgment of such tribunals or courts. | + | |
- | ===== ARTICLE V. | + | No judge of the supreme or district court shall be elected or |
+ | appointed to any other than judicial offices or be eligible thereto | ||
+ | during the term for which he was elected or appointed such judge. All | ||
+ | votes or appointments for either of them for any elective or | ||
+ | appointive office except that of judge of the supreme court, or | ||
+ | district court, given by the Legislative Assembly or the people, shall | ||
+ | be void. | ||
- | Sec. 121. Every male person of the age of twenty-one years or upwards belonging | + | === Section 120. === |
- | to either of the following classes, who shall have resided in the state one | + | |
- | year, in the county six months and in the precinct ninety days next preceding | + | Tribunals of conciliation may be established with such powers and |
- | any election, shall be deemed a qualified elector at such election: | + | duties as shall be prescribed by law, or the powers and duties of such |
+ | may be conferred upon other courts of justice; but such tribunals or | ||
+ | other courts when sitting as such, shall have no power to render | ||
+ | judgment to be obligatory on the parties, unless they voluntarily | ||
+ | submit their matters of difference and agree to abide the judgment of | ||
+ | such tribunals or courts. | ||
+ | |||
+ | ===== ARTICLE V. ELECTIVE FRANCHISE. ===== | ||
+ | |||
+ | === Section | ||
+ | |||
+ | Every male person of the age of twenty-one years or upwards belonging | ||
+ | to either of the following classes, who shall have resided in the | ||
+ | state one year, in the county six months and in the precinct ninety | ||
+ | days next preceding any election, shall be deemed a qualified elector | ||
+ | at such election: | ||
First: Citizens of the United States. | First: Citizens of the United States. | ||
- | Second: Persons of foreign birth who shall have declared their intention to | + | Second: Persons of foreign birth who shall have declared their |
- | become citizens, one year and not more than six years, prior to such election, | + | intention to become citizens, one year and not more than six years, |
- | conformably to the naturalization laws of the United States. | + | prior to such election, conformably to the naturalization laws of the |
+ | United States. | ||
+ | |||
+ | Third: Civilized persons of Indian descent who shall have severed | ||
+ | their tribal relations two years next preceding such election. | ||
+ | |||
+ | === Section 122. === | ||
+ | |||
+ | The Legislative Assembly shall be empowered to make further extensions | ||
+ | of suffrage hereafter, at its discretion to all citizens of mature age | ||
+ | and sound mind, not convicted of crime, without regard to sex; but no | ||
+ | law extending or restricting the right of suffrage shall be enforced | ||
+ | until adopted by a majority of the electors of the state voting at a | ||
+ | general election. | ||
+ | |||
+ | === Section 123. === | ||
+ | |||
+ | Electors shall in all cases except treason, felony, breach of the | ||
+ | peace or illegal voting, be privileged from arrest on the days of | ||
+ | election during their attendance at, going to and returning from such | ||
+ | election, and no elector shall be obliged to perform military duty on | ||
+ | the day of election, except in time of war or public danger. | ||
+ | |||
+ | === Section 124. === | ||
+ | |||
+ | The general elections of the state shall be biennial, and shall be | ||
+ | held on the first Tuesday after the first Monday in November; | ||
+ | Provided, That the first general election under this Constitution | ||
+ | shall be held on the first Tuesday after the first Monday in November, | ||
+ | A D. 1890. | ||
+ | |||
+ | === Section 125. === | ||
- | Third: Civilized persons of Indian descent who shall have severed their tribal | + | No elector |
- | relations two years next preceding such election. | + | reason of his absence on business of the United States or of this |
+ | state, or in the military or naval service of the United States. | ||
- | Sec. 122. The Legislative Assembly shall be empowered to make further extensions | + | === Section 126. === |
- | of suffrage hereafter, at its discretion to all citizens of mature age and sound | + | |
- | mind, not convicted of crime, without regard to sex; but no law extending or | + | |
- | restricting the right of suffrage shall be enforced until adopted by a majority | + | |
- | of the electors of the state voting at a general election. | + | |
- | Sec. 123. Electors shall in all cases except treason, felony, breach of the | + | No soldier, seaman or marine |
- | peace or illegal voting, be privileged from arrest on the days of election | + | shall be deemed a resident |
- | during their attendance at, going to and returning from such election, and no | + | stationed therein. |
- | elector | + | |
- | in time of war or public danger. | + | |
- | Sec. 124. The general elections of the state shall be biennial, and shall be | + | === Section 127. === |
- | held on the first Tuesday after the first Monday in November; Provided, That the | + | |
- | first general election under this Constitution shall be held on the first | + | |
- | Tuesday after the first Monday in November, A D. 1890. | + | |
- | Sec. 125. No elector | + | No person who is under guardianship, |
- | reason | + | shall be qualified |
- | the military or naval service of the United States. | + | convicted |
- | Sec. 126. No soldier, seaman or marine in the army or navy of the United States | + | === Section 128. === |
- | shall be deemed a resident of this state in consequence of his being stationed | + | |
- | therein. | + | |
- | Sec. 127. No person who is under guardianship, non compos mentis or insane, | + | Any woman having the qualifications enumerated in section 121 of this |
- | shall be qualified | + | article as to age, residence and citizenship, and including those now |
- | treason or felony, unless restored | + | qualified |
+ | officers, and upon all questions pertaining solely | ||
+ | and be eligible to any school office. | ||
- | Sec. 128. Any woman having the qualifications enumerated in section 121 of this | + | === Section 129. === |
- | article as to age, residence and citizenship, | + | |
- | by the laws of the territory, may vote for all school officers, and upon all | + | |
- | questions pertaining solely to school matters, and be eligible to any school | + | |
- | office. | + | |
- | Sec. 129. All elections by the people shall be by secret ballot, subject to such | + | All elections by the people shall be by secret ballot, subject to such |
regulations as shall be provided by law. | regulations as shall be provided by law. | ||
===== ARTICLE VI. MUNICIPAL CORPORATIONS. ===== | ===== ARTICLE VI. MUNICIPAL CORPORATIONS. ===== | ||
- | Sec. 130. The Legislative Assembly shall provide by general law for the | + | === Section |
- | organization of municipal corporations, | + | |
- | taxes and assessments, | + | |
- | by taxation, loan or assessment for any purpose shall not be diverted to any | + | |
- | other purpose except by authority of law. | + | |
- | ===== ARTICLE VII. | + | The Legislative Assembly shall provide by general law for the |
+ | organization of municipal corporations, | ||
+ | levying taxes and assessments, | ||
+ | and money raised by taxation, loan or assessment for any purpose shall | ||
+ | not be diverted to any other purpose except by authority of law. | ||
- | Sec. 131. No charter of incorporation shall be granted, changed or amended by | + | ===== ARTICLE VII. CORPORATIONS OTHER THAN MUNICIPAL. ===== |
- | 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. | + | |
- | Sec. 132. All existing charters or grants of special or exclusive privileges, | + | === Section 131. === |
- | 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. | + | |
- | Sec. 133. The Legislative Assembly | + | No charter of incorporation |
- | to any corporation now existing, nor alter or amend the same, nor pass any other | + | special law, except in the case of such municipal, charitable, |
- | general | + | educational, penal or reformatory corporations as may be under the |
- | condition that such corporation | + | control |
- | provisions of this constitution. | + | general laws for the organization |
+ | created, and any such law, so passed, | ||
+ | repeal or alteration. | ||
- | Sec. 134. The exercise of the right of eminent domain shall never be abridged, | + | === Section 132. === |
- | 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; | + | |
- | 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. | + | |
- | Sec. 135. In all elections for directors | + | All existing charters |
- | member or share-holder may cast the whole number of his votes for one candidate, | + | under which a bona fide organization shall not have taken place and |
- | or distribute them upon two or more candidates, as he may prefer. | + | business been commenced in good faith at the time this Constitution |
+ | takes effect, shall thereafter have no validity. | ||
- | Sec. 136. No foreign corporation shall do business in this state without having | + | === Section 133. === |
- | one or more places of business and an authorized agent or agents in the same, | + | |
- | upon whom process may be served. | + | |
- | Sec. 137. No corporation shall engage in any business other than that expressly | + | The Legislative Assembly shall not remit the forfeiture of the charter |
+ | to any corporation now existing, nor alter or amend the same, nor pass | ||
+ | any other general of special law for the benefit of such corporation, | ||
+ | except upon the condition that such corporation shall thereafter hold | ||
+ | its charter subject to the provisions of this constitution. | ||
+ | |||
+ | === Section 134. === | ||
+ | |||
+ | The exercise of the right of eminent domain shall never be abridged, | ||
+ | or so construed as to prevent the Legislative Assembly from taking the | ||
+ | property and franchises of incorporated companies and subjecting them | ||
+ | to public use, the same as the property of individuals; | ||
+ | exercise of the police power of this State shall never be abridged, or | ||
+ | so construed as to permit corporations to conduct their business in | ||
+ | such a manner as to infringe the equal rights of individuals or the | ||
+ | general well-being of the State. | ||
+ | |||
+ | === Section 135. === | ||
+ | |||
+ | In all elections for directors or managers of a corporation, | ||
+ | member or share-holder may cast the whole number of his votes for one | ||
+ | candidate, or distribute them upon two or more candidates, as he may | ||
+ | prefer. | ||
+ | |||
+ | === Section 136. === | ||
+ | |||
+ | No foreign corporation shall do business in this state without having | ||
+ | one or more places of business and an authorized agent or agents in | ||
+ | the same, upon whom process may be served. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | No corporation shall engage in any business other than that expressly | ||
authorized in its charter. | authorized in its charter. | ||
- | Sec. 138. No corporation shall issue stock or bonds except for money, labor | + | === Section |
- | done, or money or property actually received; and all fictitious increase of | + | |
- | stock or indebtedness shall be void. The stock and indebtedness of corporations | + | |
- | shall not be increased except in pursuance of general law, nor without the | + | |
- | consent of the persons holding the larger amount in value of the stock first | + | |
- | obtained at a meeting to be held after sixty days' notice given in pursuance of | + | |
- | law. | + | |
- | Sec. 139. No law shall be passed by the Legislative Assembly granting the right | + | No corporation |
- | to construct and operate a street railroad, telegraph, telephone | + | done, or money or property actually received; and all fictitious |
- | light plant within any city, town or incorporated village, without | + | increase of stock or indebtedness shall be void. The stock and |
- | consent of the local authorities having | + | indebtedness of corporations shall not be increased except in |
- | proposed | + | pursuance of general law, nor without the consent of the persons |
+ | holding | ||
+ | meeting | ||
- | Sec. 140. Every railroad corporation organized and doing business in this state, | + | === Section 139. === |
- | 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; | + | |
- | amount of stock paid in and by whom, and the transfers of said stock; the | + | |
- | amounts of its assets and liabilities and the names and place of residence of | + | |
- | its officers. The directors of every railroad corporation shall annually make a | + | |
- | report, under oath, to the auditor of public accounts, or some officer or | + | |
- | officers to be designated by law, of all their acts and doings, which report | + | |
- | shall include such matters relating to railroads as may be prescribed by law, | + | |
- | and the Legislative Assembly shall pass laws enforcing by suitable penalties the | + | |
- | provisions of this section. Providing the provisions of this section shall not | + | |
- | be so construed as to apply to foreign corporations. | + | |
- | Sec. 141. No railroad corporation | + | No law shall be passed by the Legislative Assembly granting the right |
- | franchises with any other railroad | + | to construct and operate a street |
- | line; and in no case shall any consolidation take place except upon public | + | electric light plant within |
- | notice given at least sixty days to all stockholders, in such manner as may be | + | without requiring |
- | provided by law. Any attempt to evade the provisions | + | control of the street |
- | railroad corporation, | + | purposes. |
- | charter. | + | |
- | Sec. 142. Railways heretofore constructed or that may hereafter be constructed | + | === Section 140. === |
- | in this state are hereby declared public highways, and all railroad, sleeping | + | |
- | car, telegraph, telephone and transportation companies of passengers, | + | |
- | intelligence and freight, are declared to be common carriers and subject to | + | |
- | legislative control; and the Legislative Assembly shall have power to enact laws | + | |
- | regulating and controlling the rates of charges for the transportation of | + | |
- | passengers, intelligence and freight, as such common carriers from one point to | + | |
- | another in this State; Provided, That appeal may be had to courts of this State | + | |
- | from the rate so fixed; but the rates fixed by the Legislative Assembly or Board | + | |
- | of Railroad Commissioners shall remain in full force pending the decision of the | + | |
- | courts. | + | |
- | Sec. 143. Any association or corporation organized | + | Every railroad |
- | the right to construct | + | under the laws or authority thereof, |
- | state, and to connect at the state line with the railroads | + | office or place in the state for the transaction of its business, |
- | Every railroad company shall have the right with its road to intersect, connect | + | where transfers of its stock shall be made and in which shall be kept |
- | with or cross any other; | + | for public inspection, books in which shall be recorded |
- | passengers, tonnage | + | capital stock subscribed, and by whom, the names of the owners of its |
+ | stock and the amount owned by them respectively; | ||
+ | paid in and by whom, and the transfers of said stock; the amounts of | ||
+ | its assets and liabilities and the names and place of residence of its | ||
+ | officers. The directors of every railroad corporation shall annually | ||
+ | make a report, under oath, to the auditor of public accounts, or some | ||
+ | officer | ||
+ | doings, which report | ||
+ | as may be prescribed by law, and the Legislative Assembly shall pass | ||
+ | laws enforcing by suitable penalties the provisions of this section. | ||
+ | Providing the provisions of this section shall not be so construed as | ||
+ | to apply to foreign corporations. | ||
- | Sec. 144. The term " | + | === Section 141. === |
- | understood as embracing municipalities or political subdivisions of the State | + | |
- | unless otherwise expressly stated, but it shall be held and construed to include | + | |
- | all associations and joint stock companies having any of the powers or | + | |
- | privileges of corporations not possessed by individuals or partnerships. | + | |
- | Sec. 145. If a general banking law be enacted, it shall provide for the registry | + | No railroad corporation |
- | and countersigning by an officer of the State, of all notes or bills designed | + | franchises with any other railroad corporation owning a parallel or |
- | for circulation, | + | competing line; and in no case shall any consolidation take place |
- | deposited with the State Treasurer for the redemption | + | except upon public notice given at least sixty days to all |
+ | stockholders, | ||
+ | evade the provisions | ||
+ | lease or otherwise, shall work a forfeiture of its charter. | ||
- | Sec. 146. Any combination between individuals, | + | === Section 142. === |
- | either having for its object or effect the controlling of the price of any | + | |
- | product of the soil or any article of manufacture or commerce, or the cost of | + | |
- | exchange or transportation, | + | |
- | against public policy; and any and all franchises heretofore granted or | + | |
- | extended, or that may hereafter be granted or extended in this state, when ever | + | |
- | the owner or owners thereof violate this article shall be deemed annulled and | + | |
- | become void. | + | |
- | ===== ARTICLE VIII. | + | Railways heretofore constructed or that may hereafter be constructed |
+ | in this state are hereby declared public highways, and all railroad, | ||
+ | sleeping car, telegraph, telephone and transportation companies of | ||
+ | passengers, intelligence and freight, are declared to be common | ||
+ | carriers and subject to legislative control; and the Legislative | ||
+ | Assembly shall have power to enact laws regulating and controlling the | ||
+ | rates of charges for the transportation of passengers, intelligence | ||
+ | and freight, as such common carriers from one point to another in this | ||
+ | State; Provided, That appeal may be had to courts of this State from | ||
+ | the rate so fixed; but the rates fixed by the Legislative Assembly or | ||
+ | Board of Railroad Commissioners shall remain in full force pending the | ||
+ | decision of the courts. | ||
- | Sec. 147. A high degree of intelligence, | + | === Section 143. === |
- | 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 | + | Any association or corporation organized for the purpose shall have |
- | the people, the Legislative Assembly shall make provision for the establishment | + | the right to construct and operate a railroad between any points |
- | and maintenance of a system of public schools which shall be open to all | + | within this state, and to connect at the state line with the railroads |
- | children of the state of North Dakota and free from sectarian control. This | + | of other states. Every railroad company shall have the right with its |
- | legislative requirement shall be irrevocable without the consent of the United | + | road to intersect, connect with or cross any other; and shall receive |
+ | and transport each other' | ||
+ | empty, without delay or discrimination. | ||
+ | |||
+ | === Section 144. === | ||
+ | |||
+ | The term " | ||
+ | understood as embracing municipalities or political subdivisions of | ||
+ | the State unless otherwise expressly stated, but it shall be held and | ||
+ | construed to include all associations and joint stock companies having | ||
+ | any of the powers or privileges of corporations not possessed by | ||
+ | individuals or partnerships. | ||
+ | |||
+ | === Section 145. === | ||
+ | |||
+ | If a general banking law be enacted, it shall provide for the registry | ||
+ | and countersigning by an officer of the State, of all notes or bills | ||
+ | designed for circulation, | ||
+ | thereof shall be deposited with the State Treasurer for the redemption | ||
+ | of such notes or bills. | ||
+ | |||
+ | === Section 146. === | ||
+ | |||
+ | Any combination between individuals, | ||
+ | either having for its object or effect the controlling of the price of | ||
+ | any product of the soil or any article of manufacture or commerce, or | ||
+ | the cost of exchange or transportation, | ||
+ | declared unlawful and against public policy; and any and all | ||
+ | franchises heretofore granted or extended, or that may hereafter be | ||
+ | granted or extended in this state, when ever the owner or owners | ||
+ | thereof violate this article shall be deemed annulled and become void. | ||
+ | |||
+ | ===== ARTICLE VIII. EDUCATION. ===== | ||
+ | |||
+ | === Section | ||
+ | |||
+ | A high degree of intelligence, | ||
+ | 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. | States and the people of North Dakota. | ||
- | Sec. 148. The Legislative Assembly shall provide at their first session, after | + | === Section |
- | the adoption of this Constitution, | + | |
- | throughout the state; beginning with the primary and extending through all | + | |
- | grades up to and including the normal and collegiate course. | + | |
- | Sec. 149. In all schools instruction | + | The Legislative Assembly |
- | those branches of knowledge that tend to impress upon the mind the vital | + | the adoption |
- | importance | + | schools throughout the state; beginning with the primary |
- | honest labor of every kind. | + | through all grades up to and including the normal and collegiate |
+ | course. | ||
- | Sec. 150. A Superintendent of Schools for each county shall be elected every two | + | === Section 149. === |
- | years, whose qualifications, | + | |
- | law. | + | |
- | Sec. 152. The Legislative Assembly | + | In all schools instruction |
- | necessary to prevent illiteracy, secure a reasonable degree | + | those branches |
- | course | + | vital importance |
- | improvement. | + | and respect for honest labor of every kind. |
- | Sec. 152. All colleges, universities and other educational institutions, | + | === Section 150. === |
- | support of which lands have been granted to this state, or which are supported | + | |
- | by a public tax, shall remain under the absolute and exclusive control of the | + | |
- | State. No money raised for the support of the public schools of the State shall | + | |
- | be appropriated to or used for the support of any sectarian school. | + | |
- | ===== ARTICLE IX. | + | A Superintendent of Schools for each county shall be elected every two |
+ | years, whose qualifications, | ||
+ | fixed by law. | ||
- | Sec. 153. All proceeds of the public lands that have hereto fore been, or may | + | === Section 151. === |
- | hereafter be granted by the United States for the support of the common schools | + | |
- | in this state; all such percentum as may be granted by the United States on the | + | |
- | sale of public lands; the proceeds or property that shall fall to the state by | + | |
- | escheat; the proceeds of all gifts and donations to the state for common | + | |
- | schools, or not otherwise appropriated by the terms of the gift, and all other | + | |
- | property otherwise acquired for common schools, shall be and remain a perpetual | + | |
- | fund for the maintenance of the common schools of the state. It shall be deemed | + | |
- | a trust fund, the principal of which shall forever remain inviolate and may be | + | |
- | increased but never diminished. The state shall make good all losses thereof. | + | |
- | Sec. 154. The interest and income of this fund together with the net proceeds of | + | The Legislative Assembly shall take such other steps as may be |
- | all fines for violation of state laws, and all other sums which may be added | + | necessary to prevent illiteracy, secure a reasonable degree |
- | thereto by law, shall be faithfully used and applied each year for the benefit | + | uniformity |
- | of the common schools of the state, and shall be for this purpose apportioned | + | and agricultural improvement. |
- | among and between all the several common school corporations of the state in | + | |
- | proportion to the number | + | |
- | law; and no part of the fund shall ever be diverted, even temporarily, | + | |
- | purpose or used for any other purpose whatever than the maintenance of common | + | |
- | schools for the equal benefit of all the people of the state ; Provided, | + | |
- | however, That if any portion of the interest or income aforesaid be not expended | + | |
- | during any year, said portion shall be added to and become a part of the school | + | |
- | fund. | + | |
- | Sec. 155. After one year from the assembling of the first Legislative Assembly, | + | === Section 152. === |
- | the lands granted to the state from the United States for the support of the | + | |
- | common schools, may be sold upon the following conditions and no other: No more | + | |
- | than one-fourth of all such lands shall be sold within the first five years | + | |
- | after the same become saleable by virtue of this section. No more than one-half | + | |
- | of the remainder within ten years after the same become saleable as aforesaid. | + | |
- | The residue may be sold at any time after the expiration of said ten years. The | + | |
- | Legislative Assembly shall provide for the sale of all school lands subject to | + | |
- | the provisions of this article. The coal lands of the State shall never be sold, | + | |
- | but the Legislature Assembly may, by general laws, provide for leasing the same. | + | |
- | The words "coal lands" shall include lands bearing lignite coal. | + | |
- | Sec. 156. The Superintendent of Public Instruction, Governor, Attorney-General, | + | All colleges, universities and other educational institutions, for the |
- | Secretary | + | support |
- | which shall be denominated | + | supported by a public tax, shall remain under the absolute |
- | subject to the provisions of this article and any law that may be passed by the | + | exclusive |
- | Legislative Assembly, said board shall have control of the appraisement, | + | public schools |
- | rental and disposal | + | support |
- | investment | + | |
- | under the limitations in section 160 of this article. | + | |
- | Sec. 157. The county superintendent of common schools, the chairman of the | + | ===== ARTICLE IX. SCHOOL AND PUBLIC LANDS. ===== |
- | 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. | + | |
- | Sec. 158. No land shall be sold for less than the appraised value and in no case | + | === Section 153. === |
- | for less than ten dollars per acre. The purchaser shall pay one-fifth of the | + | |
- | price in cash, and the remaining four-fifths as follows: One-fifth in five | + | |
- | years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in | + | |
- | twenty years, with interest at the rate of not less than six per centum payable | + | |
- | annually in advance. All sales shall be held at the county seat of the county in | + | |
- | which the land to be sold is situate and shall be at public auction and to the | + | |
- | highest bidder, after sixty days advertisement of the same in a newspaper of | + | |
- | general circulation in the vicinity of the lands to be sold, and one at the seat | + | |
- | of government. Such lands as shall not have been specially subdivided shall be | + | |
- | offered in tracts of one quarter section, and those so subdivided in the | + | |
- | smallest subdivisions. All lands designated for sale and not sold within two | + | |
- | years after appraisal shall be reappraised before they are sold. No grant or | + | |
- | patent for any such lands shall issue until payment is made for the same; | + | |
- | Provided, that the lands contracted to be sold by the state, shall be subject to | + | |
- | taxation from the date of such contract. In case the taxes assessed against any | + | |
- | of said lands for any year remain unpaid until the first Monday in October of | + | |
- | the following year, then and thereupon the contract of sale for such lands shall | + | |
- | become null and void. | + | |
- | Sec. 159. All land, money or other property donated, granted or received from | + | All proceeds of the public lands that have hereto fore been, or may |
- | the United States | + | hereafter be granted by the United States for the support |
- | School, Agricultural College, Deaf and Dumb Asylum, Normal School or other | + | common schools in this state; all such percentum as may be granted by |
- | educational or charitable institution | + | the United States on the sale of public lands; the proceeds |
- | lands and other property so received from any source, shall be and remain | + | property that shall fall to the state by escheat; |
- | perpetual funds, | + | gifts and donations to the state for common schools, or not otherwise |
- | such land as may remain unsold | + | appropriated by the terms of the gift, and all other property |
- | the specific objects | + | otherwise acquired for common schools, |
- | such fund may be increased but shall never be diminished, and the interest and | + | fund for the maintenance |
- | income only shall be used. Every such fund shall be deemed a trust fund held by | + | be deemed a trust fund, the principal of which shall forever remain |
- | the state, and the state shall make good all losses thereof. | + | inviolate and may be increased but never diminished. |
+ | make good all losses thereof. | ||
- | Sec. 160. All lands mentioned in the preceding section shall be appraised and | + | === Section 154. === |
- | sold in the same manner and under the same limitations and subject to all the | + | |
- | conditions as to price and sale as provided above for the appraisal and sale of | + | |
- | lands for the benefit of common schools; but a distinct and separate account | + | |
- | shall be kept by the proper officers of each of said funds; Provided, That the | + | |
- | limitations as to the time in which school land may be sold shall apply only to | + | |
- | lands granted for the support of common schools. | + | |
- | Sec. 161. The Legislative Assembly shall have authority to provide by law for | + | The interest and income |
- | the leasing | + | all fines for violation of state laws, and all other sums which may be |
- | purposes; but no such law shall authorize | + | added thereto by law, shall be faithfully used and applied each year |
- | period than five years. | + | for the benefit |
- | purposes | + | this purpose apportioned among and between all the several common |
- | sale. Provided that all of said school | + | school corporations of the state in proportion to the number |
- | at the discretion and under the control | + | children in each of school |
- | Lands, for other than pasturage and meadow purposes until sold. All rents shall | + | the fund shall ever be diverted, even temporarily, |
- | be paid in advance. | + | or used for any other purpose whatever than the maintenance |
+ | schools for the equal benefit | ||
+ | Provided, however, That if any portion of the interest or income | ||
+ | aforesaid | ||
+ | to and become a part of the school fund. | ||
- | Sec. 162. The moneys of the permanent school fund and other educational funds | + | === Section 155. === |
- | shall be invested only in bonds of school corporations within the state, bonds | + | |
- | of the United States, bonds of the state of North Dakota or in first mortgages | + | |
- | on farm lands in the state, not exceeding in amount one-third of the actual | + | |
- | value of any subdivision on which the same may be loaned, such value to be | + | |
- | determined by the board of appraisers of school lands. | + | |
- | Sec. 163. No law shall ever be passed by the Legislative Assembly granting to | + | After one year from the assembling of the first Legislative Assembly, |
+ | the lands granted to the state from the United States for the support | ||
+ | of the common schools, may be sold upon the following conditions and | ||
+ | no other: No more than one-fourth of all such lands shall be sold | ||
+ | within the first five years after the same become saleable by virtue | ||
+ | of this section. No more than one-half of the remainder within ten | ||
+ | years after the same become saleable as aforesaid. The residue may be | ||
+ | sold at any time after the expiration of said ten years. The | ||
+ | Legislative Assembly shall provide for the sale of all school lands | ||
+ | subject to the provisions of this article. The coal lands of the State | ||
+ | shall never be sold, but the Legislature Assembly may, by general | ||
+ | laws, provide for leasing the same. The words "coal lands" shall | ||
+ | include lands bearing lignite coal. | ||
+ | |||
+ | === Section 156. === | ||
+ | |||
+ | The Superintendent of Public Instruction, | ||
+ | Secretary of State and State Auditor, shall constitute a Board of | ||
+ | Commissioners, | ||
+ | School Lands," | ||
+ | law that may be passed by the Legislative Assembly, said board shall | ||
+ | have control of the appraisement, | ||
+ | school and university lands, and shall direct the investment of the | ||
+ | funds arising therefrom in the hands of the State Treasurer, under the | ||
+ | limitations in section 160 of this article. | ||
+ | |||
+ | === Section 157. === | ||
+ | |||
+ | The county superintendent of common schools, the chairman of the | ||
+ | county board, and the county auditor shall constitute boards of | ||
+ | appraisal and under the authority of the State Board of University and | ||
+ | School Lands shall appraise all school lands within their respective | ||
+ | counties which they may from time to time recommend for sale at their | ||
+ | actual value under the prescribed terms and shall first select and | ||
+ | designate for sale the most valuable lands. | ||
+ | |||
+ | === Section 158. === | ||
+ | |||
+ | No land shall be sold for less than the appraised value and in no case | ||
+ | for less than ten dollars per acre. The purchaser shall pay one-fifth | ||
+ | of the price in cash, and the remaining four-fifths as follows: | ||
+ | One-fifth in five years, one-fifth in ten years, one-fifth in fifteen | ||
+ | years and one-fifth in twenty years, with interest at the rate of not | ||
+ | less than six per centum payable annually in advance. All sales shall | ||
+ | be held at the county seat of the county in which the land to be sold | ||
+ | is situate and shall be at public auction and to the highest bidder, | ||
+ | after sixty days advertisement of the same in a newspaper of general | ||
+ | circulation in the vicinity of the lands to be sold, and one at the | ||
+ | seat of government. Such lands as shall not have been specially | ||
+ | subdivided shall be offered in tracts of one quarter section, and | ||
+ | those so subdivided in the smallest subdivisions. All lands designated | ||
+ | for sale and not sold within two years after appraisal shall be | ||
+ | reappraised before they are sold. No grant or patent for any such | ||
+ | lands shall issue until payment is made for the same; Provided, that | ||
+ | the lands contracted to be sold by the state, shall be subject to | ||
+ | taxation from the date of such contract. In case the taxes assessed | ||
+ | against any of said lands for any year remain unpaid until the first | ||
+ | Monday in October of the following year, then and thereupon the | ||
+ | contract of sale for such lands shall become null and void. | ||
+ | |||
+ | === Section 159. === | ||
+ | |||
+ | All land, money or other property donated, granted or received from | ||
+ | the United States or any other source for a University, School of | ||
+ | Mines, Reform School, Agricultural College, Deaf and Dumb Asylum, | ||
+ | Normal School or other educational or charitable institution or | ||
+ | purpose, and the proceeds of all such lands and other property so | ||
+ | received from any source, shall be and remain perpetual funds, the | ||
+ | interest and income of which together with the rents of all such land | ||
+ | as may remain unsold shall be inviolably appropriated and applied to | ||
+ | the specific objects of the original grants or gifts. The principal of | ||
+ | every such fund may be increased but shall never be diminished, and | ||
+ | the interest and income only shall be used. Every such fund shall be | ||
+ | deemed a trust fund held by the state, and the state shall make good | ||
+ | all losses thereof. | ||
+ | |||
+ | === Section 160. === | ||
+ | |||
+ | All lands mentioned in the preceding section shall be appraised and | ||
+ | sold in the same manner and under the same limitations and subject to | ||
+ | all the conditions as to price and sale as provided above for the | ||
+ | appraisal and sale of lands for the benefit of common schools; but a | ||
+ | distinct and separate account shall be kept by the proper officers of | ||
+ | each of said funds; Provided, That the limitations as to the time in | ||
+ | which school land may be sold shall apply only to lands granted for | ||
+ | the support of common schools. | ||
+ | |||
+ | === Section 161. === | ||
+ | |||
+ | The Legislative Assembly shall have authority to provide by law for | ||
+ | the leasing of lands granted to the state for educational and | ||
+ | charitable purposes; but no such law shall authorize the leasing of | ||
+ | said lands for a longer period than five years. Said land shall only | ||
+ | be leased for pasturage and meadow purposes and at a public auction | ||
+ | after notice as heretofore provided in case of sale. Provided that all | ||
+ | of said school lands now under cultivation may be leased at the | ||
+ | discretion and under the control of the Board of University and School | ||
+ | Lands, for other than pasturage and meadow purposes until sold. All | ||
+ | rents shall be paid in advance. | ||
+ | |||
+ | === Section 162. === | ||
+ | |||
+ | The moneys of the permanent school fund and other educational funds | ||
+ | shall be invested only in bonds of school corporations within the | ||
+ | state, bonds of the United States, bonds of the state of North Dakota | ||
+ | or in first mortgages on farm lands in the state, not exceeding in | ||
+ | amount one-third of the actual value of any subdivision on which the | ||
+ | same may be loaned, such value to be determined by the board of | ||
+ | appraisers of school lands. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | No law shall ever be passed by the Legislative Assembly granting to | ||
any person, corporation or association any privileges by reason of the | any person, corporation or association any privileges by reason of the | ||
- | occupation, cultivation or improvement of any public lands by said person, | + | occupation, cultivation or improvement of any public lands by said |
- | corporation or association subsequent to the survey thereof by the general | + | person, corporation or association subsequent to the survey thereof by |
- | government. No claim for the occupation, cultivation or improvement of any | + | the general government. No claim for the occupation, cultivation or |
- | public lands shall ever be recognized, nor shall such occupation, cultivation or | + | improvement of any public lands shall ever be recognized, nor shall |
- | improvement of any public lands ever be used to diminish either directly or | + | such occupation, cultivation or improvement of any public lands ever |
- | indirectly the purchase price of said lands. | + | be used to diminish either directly or indirectly the purchase price |
+ | of said lands. | ||
- | Sec. 164. The Legislative Assembly shall have authority to provide by law for | + | === Section |
- | the sale or disposal of all public lands that have been heretofore, or may | + | |
- | hereafter be granted by the United States to the state for purposes other than | + | |
- | set forth and named in sections 153 and 159 of this article. And the Legislative | + | |
- | Assembly in providing for the appraisement, | + | |
- | same shall not be subject to the provisions and limitations of this article. | + | |
- | Sec. 165. The Legislative Assembly shall pass suitable laws for the safekeeping, | + | The Legislative Assembly shall have authority to provide by law for |
- | transfer and disbursement of the state school funds; and shall require all | + | the sale or disposal of all public lands that have been heretofore, or |
- | officers charged with the same or the safe keeping thereof to give ample bonds | + | may hereafter be granted by the United States to the state for |
- | for all moneys and funds received by them, and if any of said officers shall | + | purposes |
- | convert to his own use in any manner | + | this article. And the Legislative Assembly |
- | interest or shall deposit in his own name, or otherwise than in the name of the | + | appraisement, sale, rental |
- | state of North Dakota or shall deposit in any banks or with any person or | + | subject |
- | persons, or exchange for other funds or property any portion | + | |
- | aforesaid or purposely allow any portion of the same to remain in his own hands | + | |
- | uninvested except | + | |
- | constitute an embezzlement of so much of the aforesaid school funds as shall be | + | |
- | thus taken or loaned, or deposited, or exchanged, or withheld | + | |
- | felony; and any failure | + | |
- | 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 | + | |
- | embezzlement. | + | |
- | ===== ARTICLE X. | + | === Section 165. === |
- | Sec. 166. The several counties | + | The Legislative Assembly shall pass suitable laws for the safekeeping, |
- | Seventh Standard Parallel, as they now exist, are hereby declared to be counties | + | transfer and disbursement of the state school funds; and shall require |
- | of the State of North Dakota. | + | all officers charged with the same or the safe keeping thereof to give |
+ | ample bonds for all moneys and funds received by them, and if any of | ||
+ | said officers shall convert to his own use in any manner or form, or | ||
+ | shall loan with or without interest or shall deposit in his own name, | ||
+ | or otherwise than in the name of the state of North Dakota | ||
+ | deposit in any banks or with any person or persons, or exchange for | ||
+ | other funds or property any portion | ||
+ | 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 | ||
- | Sec. 167. The Legislative Assembly shall provide by general law for organizing | + | ===== ARTICLE X. COUNTY AND TOWNSHIP ORGANIZATION. ===== |
- | new counties, locating the county seats thereof temporarily, | + | |
- | lines; but no new county shall be organized nor shall any organized county be so | + | |
- | reduced as to include an area of less than twenty-four congressional townships, | + | |
- | and containing a population of less than one thousand bona fide inhabitants. And | + | |
- | in the organization of new counties and in changing the lines of organized | + | |
- | counties and boundaries of congressional townships the natural boundaries shall | + | |
- | be observed as nearly as may be. | + | |
- | Sec. 168. All changes in the boundaries of organized counties before taking | + | === Section 166. === |
- | effect shall be submitted to the electors of the county or counties, to be | + | |
- | effected thereby at a general election and be adopted by a majority of all the | + | |
- | legal votes cast in each county at such election; and in case any portion of an | + | |
- | organized county is stricken off and added to another, the county to which such | + | |
- | portion is added shall assume and be holden for an equitable proportion of the | + | |
- | indebtedness of the county so reduced. | + | |
- | Sec. 169. The Legislative Assembly shall provide by general law for changing | + | The several |
- | county seats in organized | + | Seventh Standard Parallel, as they now exist, are hereby declared |
- | county seat of any organized county. | + | be counties of the State of North Dakota. |
- | Sec. 170. The Legislative Assembly shall provide by general law for township | + | === Section 167. === |
- | organization under which any county may organ ize whenever a majority of the | + | |
- | legal voters of such county, voting at a general election shall so determine, | + | |
- | and whenever any county shall adopt township organization, | + | |
- | Constitution as provides for the management of the fiscal concerns of said | + | |
- | county by the board of county commissioners may be dispensed with by a majority | + | |
- | vote of the people voting at any general election; and the affairs of said | + | |
- | county may be transacted by the chairmen of the several township boards of said | + | |
- | county, and such others as may be provided by law for incorporated cities, towns | + | |
- | or villages within such county. | + | |
- | Sec. 171. In any county that shall have adopted a system of government | + | The Legislative Assembly |
- | chairmen of the several township boards, the question of continuing the same may | + | new counties, locating |
- | be submitted | + | changing county lines; but no new county shall be organized nor shall |
- | manner as may be provided by law, and if a majority | + | any organized county be so reduced as to include an area of less than |
- | such question shall be against said system | + | twenty-four congressional townships, and containing |
- | cease in said county, | + | less than one thousand bona fide inhabitants. And in the organization |
- | a board of county commissioners | + | of new counties and in changing the lines of organized counties |
- | of Dakota. | + | boundaries of congressional townships |
+ | observed | ||
- | Sec. 172. Until the system of county government by the chair men of the several | + | === Section 168. === |
- | township boards is adopted by any county the fiscal affairs of said county shall | + | |
- | be transacted by a board of county commissioners; | + | |
- | not less than three and not more than five members whose terms of office shall | + | |
- | be' prescribed by law. Said board shall hold sessions for the transaction of | + | |
- | county business as shall be provided by law. | + | |
- | Sec. 173. At the first general election held after the adoption of this | + | All changes in the boundaries of organized counties before taking |
- | Constitution, | + | effect shall be submitted to the electors of the county or counties, |
- | organized county in the State, a county judge, clerk of court, register of | + | to be effected thereby at a general election and be adopted by a |
- | deeds, county auditor, treasurer, sheriff and states attorney, who shall be | + | majority of all the legal votes cast in each county at such election; |
- | electors of the county in which they are elected and who shall hold their office | + | and in case any portion of an organized county is stricken off and |
- | until their successors are elected and qualified. The Legislative Assembly | + | added to another, the county to which such portion is added shall |
- | shall provide by law for such other county, township and district officers as | + | assume and be holden for an equitable proportion of the indebtedness |
- | may be deemed necessary, and shall prescribe the duties and compensation of all | + | of the county so reduced. |
- | county, township and district officers. | + | |
- | shall not hold their respective offices for more than four years in succession. | + | === Section 169. === |
+ | |||
+ | The Legislative Assembly shall provide by general law for changing | ||
+ | county seats in organized counties, but it shall have no power to | ||
+ | remove the county seat of any organized county. | ||
+ | |||
+ | === Section 170. === | ||
+ | |||
+ | The Legislative Assembly shall provide by general law for township | ||
+ | organization under which any county may organ ize whenever a majority | ||
+ | of the legal voters of such county, voting at a general election shall | ||
+ | so determine, and whenever any county shall adopt township | ||
+ | organization, | ||
+ | management of the fiscal concerns of said county by the board of | ||
+ | county commissioners may be dispensed with by a majority vote of the | ||
+ | people voting at any general election; and the affairs of said county | ||
+ | may be transacted by the chairmen of the several township boards of | ||
+ | said county, and such others as may be provided by law for | ||
+ | incorporated cities, towns or villages within such county. | ||
+ | |||
+ | === Section 171. === | ||
+ | |||
+ | In any county that shall have adopted a system of government by the | ||
+ | chairmen of the several township boards, the question of continuing | ||
+ | the same may be submitted to the electors of such county at a general | ||
+ | election in such a manner as may be provided by law, and if a majority | ||
+ | of all the votes cast upon such question shall be against said system | ||
+ | of government, then such system shall cease in said county, and the | ||
+ | affairs of said county shall then be transacted by a board of county | ||
+ | commissioners as is now provided by the laws of the Territory of | ||
+ | Dakota. | ||
+ | |||
+ | === Section 172. === | ||
+ | |||
+ | Until the system of county government by the chair men of the several | ||
+ | township boards is adopted by any county the fiscal affairs of said | ||
+ | county shall be transacted by a board of county commissioners; | ||
+ | board shall consist of not less than three and not more than five | ||
+ | members whose terms of office shall be' prescribed by law. Said board | ||
+ | shall hold sessions for the transaction of county business as shall be | ||
+ | provided by law. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | At the first general election held after the adoption of this | ||
+ | Constitution, | ||
+ | in each organized county in the State, a county judge, clerk of court, | ||
+ | register of deeds, county auditor, treasurer, sheriff and states | ||
+ | attorney, who shall be electors of the county in which they are | ||
+ | elected and who shall hold their office until their successors are | ||
+ | elected and qualified. The Legislative Assembly shall provide by law | ||
+ | for such other county, township and district officers as may be deemed | ||
+ | necessary, and shall prescribe the duties and compensation of all | ||
+ | county, township and district officers. The sheriff and treasurer of | ||
+ | any county shall not hold their respective offices for more than four | ||
+ | years in succession. | ||
===== ARTICLE XI. REVENUE AND TAXATION. ===== | ===== ARTICLE XI. REVENUE AND TAXATION. ===== | ||
- | Sec. 174. The Legislative Assembly shall provide for raising revenue sufficient | + | === Section |
- | to defray the expenses of the state for each year, not to exceed in any one year | + | |
- | four (4) mills on the dollar of the assessed valuation of all taxable property | + | |
- | in the state, to be ascertained by the last assessment made for state and | + | |
- | county purposes, and also a sufficient sum to pay the interest on the state | + | |
- | debt. | + | |
- | Sec. 175. No tax shall be levied except in pursuance | + | The Legislative Assembly |
- | imposing a tax shall state distinctly | + | to defray the expenses |
- | shall be applied. | + | any one year four (4) mills on the dollar |
+ | all taxable property in the state, to be ascertained by the last | ||
+ | assessment made for state and county purposes, and also a sufficient | ||
+ | sum to pay the interest on the state debt. | ||
- | Sec. 176. Laws shall be passed taxing by uniform rule all property according to | + | === Section 175. === |
- | its true value in money, but the property of the United States and the state, | + | |
- | county and municipal corporations, | + | |
- | taxation, and the Legislative Assembly shall by a general law exempt from | + | |
- | taxation property used exclusively for school, religions, cemetery or | + | |
- | charitable purposes and personal property to any amount not exceeding in value | + | |
- | two hundred dollars for each individual liable to taxation; but the Legislative | + | |
- | Assembly may, by law, provide for the payment of a per centum of gross earnings | + | |
- | of railroad companies to be paid in lieu of all State, county, township and | + | |
- | school taxes on property exclusively used in and about the prosecution of the | + | |
- | business of such companies as common carriers, but no real estate of said | + | |
- | corporations shall be exempted from taxation in the same manner, and on the | + | |
- | same basis as other real estate is taxed, except roadbed, right of way, shops | + | |
- | and buildings used exclusively in their business as common carriers, and | + | |
- | whenever and so long as such law providing for the payment of a per centum on | + | |
- | earnings shall be in force, that part of section 179 of this article relating | + | |
- | to assessment of railroad property shall cease to be in force. | + | |
- | Sec. 177. All improvements on land shall be assessed | + | No tax shall be levied except |
- | 179, but plowing | + | imposing a tax shall state distinctly |
- | of land for the purpose of assessment. | + | only it shall be applied. |
- | Sec. 178. The power of taxation shall never be surrendered or suspended by any | + | === Section 176. === |
+ | |||
+ | Laws shall be passed taxing by uniform rule all property according to | ||
+ | its true value in money, but the property of the United States and the | ||
+ | state, county and municipal corporations, | ||
+ | shall be exempt from taxation, and the Legislative Assembly shall by a | ||
+ | general law exempt from taxation property used exclusively for school, | ||
+ | religions, cemetery or charitable purposes and personal property to | ||
+ | any amount not exceeding in value two hundred dollars for each | ||
+ | individual liable to taxation; but the Legislative Assembly may, by | ||
+ | law, provide for the payment of a per centum of gross earnings of | ||
+ | railroad companies to be paid in lieu of all State, county, township | ||
+ | and school taxes on property exclusively used in and about the | ||
+ | prosecution of the business of such companies as common carriers, but | ||
+ | no real estate of said corporations shall be exempted from taxation in | ||
+ | the same manner, and on the same basis as other real estate is taxed, | ||
+ | except roadbed, right of way, shops and buildings used exclusively in | ||
+ | their business as common carriers, and whenever and so long as such | ||
+ | law providing for the payment of a per centum on earnings shall be in | ||
+ | force, that part of section 179 of this article relating to assessment | ||
+ | of railroad property shall cease to be in force. | ||
+ | |||
+ | === Section 177. === | ||
+ | |||
+ | All improvements on land shall be assessed in accordance with section | ||
+ | 179, but plowing shall not be considered as an improvement or add to | ||
+ | the value of land for the purpose of assessment. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | 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 | grant or contract to which the State or any county or other municipal | ||
- | corporation shall be a party. | + | corporation shall be a party. |
+ | |||
+ | === Section 179. === | ||
+ | |||
+ | All property, except as hereinafter in this section provided, shall be | ||
+ | assessed in the county, city, township, town, village or district in | ||
+ | which it is situated, in the manner prescribed by law. The franchise, | ||
+ | roadway, roadbed, rails and rolling stock of all railroads operated in | ||
+ | this state shall be assessed by the state board of equalization at | ||
+ | their actual value and such assessed valuation shall be apportioned to | ||
+ | the counties, cities, towns, town ships and districts in which said | ||
+ | roads are located, as a basis for taxation of such property in | ||
+ | proportion to the number of miles of railway laid in such counties, | ||
+ | cities, towns, townships and districts. | ||
+ | |||
+ | === Section 180. === | ||
- | Sec. 179. All property, except as hereinafter in this section provided, shall be | + | The Legislative Assembly may provide for the levy, collection and |
- | assessed in the county, city, township, town, village or district in which it is | + | disposition of an annual poll tax of not more than one dollar and |
- | situated, in the manner prescribed by law. The franchise, roadway, roadbed, | + | fifty cents ($1.50) on every male inhabitant |
- | rails and rolling stock of all railroads operated in this state shall be | + | twenty-one and under fifty years of age, except paupers, idiots, |
- | assessed by the state board of equalization at their actual value and such | + | insane persons |
- | assessed valuation shall be apportioned to the counties, cities, towns, town | + | |
- | ships and districts in which said roads are located, as a basis for taxation of | + | |
- | such property in proportion to the number of miles of railway laid in such | + | |
- | counties, cities, towns, townships | + | |
- | Sec. 180. The Legislative Assembly may provide for the levy, collection and | + | === Section 181. === |
- | disposition of an annual poll tax of not more than one dollar and fifty cents | + | |
- | ($1.50) on every male inhabitant of this state over twenty-one and under fifty | + | |
- | years of age, except paupers, idiots, insane persons and Indians not taxed. | + | |
- | Sec. 181. The Legislative Assembly shall pass all laws necessary to carry out | + | The Legislative Assembly shall pass all laws necessary to carry out |
the provisions of this article. | the provisions of this article. | ||
- | ===== ARTICLE XII. Public Debt and Public Works. ===== | + | ===== ARTICLE XII. Public Debt and Public Works. ===== |
- | Sec. 182. The state may, to meet casual deficits or failure in the revenue, or | + | === Section |
- | in case of extraordinary emergencies, | + | |
- | in the aggregate exceed the sum of two hundred thousand dollars, exclusive of | + | |
- | what may be the debt of North Dakota at the time of the adoption of this | + | |
- | Constitution. | + | |
- | to be definitely mentioned therein, and every such law shall provide for levying | + | |
- | an annual tax sufficient to pay the interest semi-annually, | + | |
- | within thirty years from the passage of such law, and shall specially | + | |
- | appropriate the proceeds of such tax to the payment of said principal and | + | |
- | interest, and such appropriation shall not be repealed nor the tax discontinued | + | |
- | until such debt, both principal and interest, shall have been fully paid. No | + | |
- | debt in excess of the limit named shall be incurred except for the pur pose of | + | |
- | repelling invasion, suppressing insurrection, | + | |
- | war, or to provide for public defense in case of threatened hostilities; | + | |
- | issuing of new bonds to refund existing indebtedness, | + | |
- | be any part or portion of said two hundred thousand dollars. | + | |
- | Sec. 183. The debt of any county, township, town, school district | + | The state may, to meet casual deficits or failure in the revenue, or |
- | political subdivision, shall never exceed | + | in case of extraordinary emergencies, contract debts, but such debts |
- | assessed value of the taxable property therein; Provided, That any incorporated | + | shall never in the aggregate |
- | city may, by a two-thirds vote, increase such indebtedness three (3) per centum | + | dollars, exclusive of what may be the debt of North Dakota at the time |
- | on such assessed value beyond said five (5) per cent, limit. In estimating the | + | of the adoption of this Constitution. Every such debt shall be |
- | indebtedness which a city, county, township, school district or any other | + | authorized by law for certain purposes to be definitely mentioned |
- | political subdivision | + | therein, and every such law shall provide for levying an annual tax |
- | whether contracted prior or subsequent to the adoption of this constitution | + | sufficient |
- | shall be included; Provided, further, That any incorporated city may become | + | thirty years from the passage |
- | indebted in any amount not exceeding four (4) per centum on such assessed value | + | appropriate |
- | without regard | + | and interest, and such appropriation shall not be repealed nor the tax |
- | constructing or purchasing water works for furnishing a supply of water to the | + | discontinued until such debt, both principal and interest, shall have |
- | inhabitants | + | been fully paid. No debt in excess of the limit named shall be |
- | other purpose whatever. | + | incurred except |
- | indebtedness | + | insurrection, |
- | ship, town, school district, | + | public defense |
+ | new bonds to refund existing | ||
+ | be any part or portion of said two hundred thousand dollars. | ||
- | Sec. 184. Any city, county, township, town, school district or any other | + | === Section 183. === |
- | 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. | + | |
- | Sec. 185. Neither the State nor any county, city, township, town, school | + | The debt of any county, township, town, school district or any other |
- | district or any other political subdivision shall loan or give its credit | + | political subdivision, shall never exceed five ( 5 ) per- centum upon |
- | make donations to or in aid of any individual, association | + | the assessed value of the taxable property therein; Provided, That any |
- | except | + | incorporated city may, by a two-thirds vote, increase such |
- | of the capital stock of any association or corporation, nor shall the State | + | indebtedness three (3) per centum on such assessed value beyond said |
- | engage in any work of internal improvement unless authorized by a two-thirds | + | five (5) per cent, limit. In estimating the indebtedness which a city, |
- | vote of the people. | + | county, township, school district |
+ | may incur, the entire amount of existing indebtedness, | ||
+ | contracted prior or subsequent to the adoption | ||
+ | shall be included; Provided, further, That any incorporated city may | ||
+ | become indebted in any amount not exceeding four (4) per centum on | ||
+ | such assessed value without regard to the existing indebtedness of | ||
+ | such city, for the purpose of constructing | ||
+ | for furnishing a supply | ||
+ | for the pur pose of constructing sewers, and for no other purpose | ||
+ | whatever. All bonds or obligations in excess | ||
+ | indebtedness permitted by this constitution, | ||
+ | county, town ship, town, school district, or any other political | ||
+ | subdivision, | ||
- | Sec. 186. No money shall be paid out of the state treasury except upon | + | === Section 184. === |
- | appropriation by law and on warrant drawn by the proper officer and no bills, | + | |
- | claims, accounts or demands against the state, or any county or other political | + | |
- | subdivision, | + | |
- | in writing shall be filed with the officer or officers, whose duty it may be to | + | |
- | audit the same. | + | |
- | Sec. 187. No bond or evidence of indebtedness | + | Any city, county, township, town, school district |
- | the same shall have indorsed thereon a certificate, signed by the Auditor and | + | political subdivision incurring |
- | Secretary | + | time of so doing, provide for the collection |
- | to and is within | + | sufficient |
- | bond of any township or other political subdivision | + | due, and all laws or ordinances providing for the payment |
- | same have endorsed thereon a certificate signed by the county auditor, or other | + | interest |
- | officer authorized by law to sign such certificate, | + | debt be paid. |
- | evidence of debt, is issued pursuant to law and is within the debt limit. | + | |
- | ===== ARTICLE XIII. | + | === Section 185. === |
- | Sec. 188. The milita of this State shall consist of all able- bodied male | + | Neither the State nor any county, city, township, town, school |
- | persons residing | + | district or any other political subdivision |
- | years, except | + | credit or make donations to or in aid of any individual, association |
- | this State. Persons whose religions tenets | + | or corporation, except |
- | to bear arms shall not be compelled to do so in times of peace, but shall pay an | + | subscribe to or become the owner of the capital stock of any |
- | equivalent for a personal service. | + | association |
+ | internal improvement unless authorized by a two-thirds vote of the | ||
+ | people. | ||
- | Sec. 189. The milita shall be enrolled, organized, uniformed, armed and | + | === Section 186. === |
- | disciplined in such a manner as shall be provided by law, not incompatible with | + | |
- | the Constitution or laws of the United States. | + | |
- | Sec. 190. The Legislative Assembly | + | No money shall be paid out of the state treasury except upon |
- | of volunteer organizations of the several arms of the service, which shall be | + | appropriation |
- | classed as active militia; and no other organized body of armed men shall be | + | bills, claims, accounts or demands against |
- | permitted to perform military duty in this State except the army of the United | + | other political subdivision, |
- | States without the proclamation of the Governor of the State. | + | full itemized statement |
+ | officers, whose duty it may be to audit the same. | ||
- | Sec. 191. All militia officers shall be appointed or elected in such a manner as | + | === Section 187. === |
- | the Legislative Assembly shall provide. | + | |
- | Sec. 192. The commissioned officers | + | No bond or evidence of indebtedness |
- | Governor, | + | the same shall have indorsed thereon a certificate, |
- | sentence | + | Auditor |
+ | debt is issued pursuant to and is within the debt limit. No bond or | ||
+ | evidence of debt of any county, or bond of any township or other | ||
+ | political subdivision | ||
+ | thereon a certificate signed | ||
+ | authorized by law to sign such certificate, | ||
+ | evidence | ||
+ | limit. | ||
- | Sec. 193. The militia forces shall in all cases, except treason, felony or | + | ===== ARTICLE XIII. MILITIA. ===== |
- | breach of the peace, be privileged from arrest during their attendance at | + | |
- | musters, parades and elections of officers, and in going to and returning from | + | |
- | the same. | + | |
- | ===== ARTICLE XIV. | + | === Section 188. === |
- | Sec. 194. The House of Representatives | + | The milita |
- | The concurrence | + | persons residing in the state, between |
- | impeachment. | + | forty-five years, except such as may be exempted by the laws of the |
+ | United States or of this State. Persons whose religions tenets or | ||
+ | conscientious scruples forbid them to bear arms shall not be compelled | ||
+ | to do so in times of peace, but shall pay an equivalent for a personal | ||
+ | service. | ||
- | Sec. 195. All impeachments shall be tried by the senate. | + | === Section 189. === |
- | purposes the senators shall be upon oath or affirmation to do justice according | + | |
- | to the law and evidence. No person shall be convicted without the concurrence of | + | |
- | two-thirds of the members elected. When the Governor or Lieutenant Governor is | + | |
- | on trial, the presiding judge of the supreme court shall preside. | + | |
- | Sec. 196. The Governor and other state and judicial officers, except county | + | The milita |
- | judges, justices of the peace, and police magistrates, | + | disciplined |
- | impeachment for habitual drunkenness, crimes, corrupt conduct, or malfeasance | + | incompatible with the Constitution or laws of the United States. |
- | or misdemeanor in office, but judgment | + | |
- | than removal from office and disqualification to hold any office | + | |
- | profit under the state. The person accused, whether convicted or acquitted, | + | |
- | shall nevertheless be liable to indictment, trial, judgment and punishment | + | |
- | according to law. | + | |
- | Sec. 197. All officers not liable to impeachment shall be subject to removal | + | === Section 190. === |
- | for misconduct, malfeasance, | + | |
- | drunkenness or gross incompetency in such manner as may be provided by law. | + | |
- | Sec. 198. No officer | + | The Legislative Assembly |
- | been impeached | + | volunteer organizations of the several arms of the service, which |
+ | shall be classed as active militia; | ||
+ | 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. | ||
- | Sec. 199. On trial of impeachment against the Governor, the Lieutenant Governor | + | === Section 191. === |
- | shall not act as a member of the court. | + | |
- | Sec. 200. No person | + | All militia officers |
- | served with a copy thereof, at least twenty days previous to the day set for | + | the Legislative Assembly shall provide. |
- | trial. | + | |
- | Sec. 201. No person shall be liable to impeachment twice for the same offense. | + | === Section 192. === |
- | ===== ARTICLE XV. | + | 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. | ||
- | Sec. 202. Any amendment or amendments to this Constitution may be proposed in | + | === Section 193. === |
- | either house of the Legislative Assembly; and if the same shall be agreed to by | + | |
- | a majority of the members elected to each of the two houses, such proposed | + | |
- | amendment shall be entered on the journal of the house with the yeas and nays | + | |
- | taken thereon, and referred to the Legislative Assembly to be chosen at the next | + | |
- | general election, and shall be published, as provided by law, for three months | + | |
- | previous to the time of making such choice, and if in the Legislative Assembly | + | |
- | so next chosen as aforesaid such proposed amendment or amendments shall be | + | |
- | agreed to by a majority of all the members elected to each house, then it shall | + | |
- | be the duty of the Legislative Assembly to submit such proposed amendment or | + | |
- | amendments to the people in such manner and at such time as the Legislative | + | |
- | Assembly shall provide; and if the people shall approve and ratify such | + | |
- | amendment or amendments by a majority of the electors qualified to vote for | + | |
- | members of the Legis lative Assembly voting thereon, such amendment or | + | |
- | amendments shall become a part of the Constitution of this state. If two or more | + | |
- | amendments shall be submitted at the same time they shall be submitted in such | + | |
- | manner that the electors shall vote for or against each of such amendments | + | |
- | separately. | + | |
- | ===== ARTICLE XVI. | + | 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. | ||
- | The following article shall be irrevocable without the consent of the United | + | ===== ARTICLE XIV. IMPEACHMENT AND REMOVAL FROM OFFICE. ===== |
- | States and the people of this State. | + | |
- | Sec. 203. | + | === Section 194. === |
- | First. Perfect toleration | + | The House of Representatives |
- | inhabitant | + | The concurrence |
- | account of his or her mode of religious worship. | + | necessary to an impeachment. |
- | Second. The people inhabiting this state do agree and declare that they forever | + | === Section 195. === |
- | disclaim all right and title to the unappropriated public lands lying within | + | |
- | the boundaries thereof, and to all lands lying within said limits owned or held | + | |
- | by any Indian or Indian tribes, and that until the title thereto shall have been | + | |
- | extinguished by the United States, the same shall be and remain subject to the | + | |
- | disposition of the United States, and that said Indian lands shall remain under | + | |
- | the absolute jurisdiction and control of the Congress of the United States; | + | |
- | that the lands belonging to citizens of the United States residing without this | + | |
- | state shall never be taxed at a higher rate than the lands belonging to | + | |
- | residents of this state; that no taxes shall be imposed by this state on lands | + | |
- | or property therein, belonging to, or which may hereafter be purchased by, the | + | |
- | United States, or reserved for its use. But nothing in this article shall | + | |
- | preclude this state from taxing as other lands are taxed, any lands owned or | + | |
- | held by any Indian who has severed his tribal relations, and has obtained from | + | |
- | the United States or from any person, a title thereto, by patent or other grant, | + | |
- | save and except such lands as have been or may be granted to any Indian or | + | |
- | Indians under any acts of congress containing a provision exempting the lands | + | |
- | thus granted from taxation, which ast mentioned lands shall be exempt from | + | |
- | taxation so long, and to such an extent, as is, or may be provided in the act of | + | |
- | congress granting the same. | + | |
- | Third. In order that payment of the debts and liabilities contracted or incurred | + | All impeachments shall be tried by the senate. When sitting |
- | by and in behalf of the Territory of Dakota may be justly and equitably provided | + | purposes |
- | for and made, and in pursuance of the requirements of an act of congress approved | + | according |
- | February 22, 1889, entitled "An act to provide for the division of Dakota into | + | without |
- | two states and to enable the people of North Dakota, South Dakota, Montana and | + | Governor or Lieutenant Governor is on trial, the presiding judge of |
- | Washington to form constitutions and state governments and to be admitted into | + | the supreme court shall preside. |
- | the Union on an equal footing with the original states, and to make donations of | + | |
- | public lands to such states," | + | |
- | 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 | + | |
- | respectively, | + | |
- | after the admission into the Union, as one of the United States of America, | + | |
- | either | + | |
- | The words "State of North Dakota" | + | === Section 196. === |
- | 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," | + | |
- | 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 | + | The Governor and other state and judicial officers, except county |
- | Territory of Dakota to provide funds for the purchase, construction, | + | judges, justices of the peace, and police magistrates, |
- | maintenance of such public institutions, | + | to impeachment for habitual drunkenness, |
- | within the boundaries of North Dakota, and shall pay all warrants issued under | + | malfeasance or misdemeanor in office, but judgment in such cases shall |
- | and by virtue of that certain Act of the Legislative Assembly of the Territory | + | not extend further than removal from office and disqualification to |
- | of Dakota, approved March 8, 1889, entitled "An Act to provide for the refunding | + | hold any office of trust, or profit under the state. The person |
+ | accused, whether convicted or acquitted, shall nevertheless be liable | ||
+ | to indictment, trial, judgment and punishment according to law. | ||
+ | |||
+ | === Section 197. === | ||
+ | |||
+ | All officers not liable to impeachment shall be subject to removal for | ||
+ | misconduct, malfeasance, | ||
+ | habitual drunkenness or gross incompetency in such manner as may be | ||
+ | provided by law. | ||
+ | |||
+ | === Section 198. === | ||
+ | |||
+ | No officer shall exercise the duties of his office after he shall have | ||
+ | been impeached and before his acquittal. | ||
+ | |||
+ | === Section 199. === | ||
+ | |||
+ | On trial of impeachment against the Governor, the Lieutenant Governor | ||
+ | shall not act as a member of the court. | ||
+ | |||
+ | === Section 200. === | ||
+ | |||
+ | No person shall be tried on impeachment before he shall have been | ||
+ | served with a copy thereof, at least twenty days previous to the day | ||
+ | set for trial. | ||
+ | |||
+ | === Section 201. === | ||
+ | |||
+ | No person shall be liable to impeachment twice for the same offense. | ||
+ | |||
+ | ===== ARTICLE XV. FUTURE AMENDMENTS. ===== | ||
+ | |||
+ | === Section 202. === | ||
+ | |||
+ | Any amendment or amendments to this Constitution may be proposed in | ||
+ | either house of the Legislative Assembly; and if the same shall be | ||
+ | agreed to by a majority of the members elected to each of the two | ||
+ | houses, such proposed amendment shall be entered on the journal of the | ||
+ | house with the yeas and nays taken thereon, and referred to the | ||
+ | Legislative Assembly to be chosen at the next general election, and | ||
+ | shall be published, as provided by law, for three months previous to | ||
+ | the time of making such choice, and if in the Legislative Assembly so | ||
+ | next chosen as aforesaid such proposed amendment or amendments shall | ||
+ | be agreed to by a majority of all the members elected to each house, | ||
+ | then it shall be the duty of the Legislative Assembly to submit such | ||
+ | proposed amendment or amendments to the people in such manner and at | ||
+ | such time as the Legislative Assembly shall provide; and if the people | ||
+ | shall approve and ratify such amendment or amendments by a majority of | ||
+ | the electors qualified to vote for members of the Legislative | ||
+ | Assembly voting thereon, such amendment or amendments shall become a | ||
+ | part of the Constitution of this state. If two or more amendments | ||
+ | shall be submitted at the same time they shall be submitted in such | ||
+ | manner that the electors shall vote for or against each of such | ||
+ | amendments separately. | ||
+ | |||
+ | ===== ARTICLE XVI. COMPACT WITH THE UNITED STATES. ===== | ||
+ | |||
+ | The following article shall be irrevocable without the consent of the | ||
+ | United States and the people of this State. | ||
+ | |||
+ | === Section 203. === | ||
+ | |||
+ | First. Perfect toleration of religious sentiment shall be secured, and | ||
+ | no inhabitant of this state shall ever be molested in person or | ||
+ | property on account of his or her mode of religious worship. | ||
+ | |||
+ | Second. The people inhabiting this state do agree and declare that | ||
+ | they forever disclaim all right and title to the unappropriated public | ||
+ | lands lying within the boundaries thereof, and to all lands lying | ||
+ | within said limits owned or held by any Indian or Indian tribes, and | ||
+ | that until the title thereto shall have been extinguished by the | ||
+ | United States, the same shall be and remain subject to the disposition | ||
+ | of the United States, and that said Indian lands shall remain under | ||
+ | the absolute jurisdiction and control of the Congress of the United | ||
+ | States; that the lands belonging to citizens of the United States | ||
+ | residing without this state shall never be taxed at a higher rate than | ||
+ | the lands belonging to residents of this state; that no taxes shall be | ||
+ | imposed by this state on lands or property therein, belonging to, or | ||
+ | which may hereafter be purchased by, the United States, or reserved | ||
+ | for its use. But nothing in this article shall preclude this state | ||
+ | from taxing as other lands are taxed, any lands owned or held by any | ||
+ | Indian who has severed his tribal relations, and has obtained from the | ||
+ | United States or from any person, a title thereto, by patent or other | ||
+ | grant, save and except such lands as have been or may be granted to | ||
+ | any Indian or Indians under any acts of congress containing a | ||
+ | provision exempting the lands thus granted from taxation, which ast | ||
+ | mentioned lands shall be exempt from taxation so long, and to such an | ||
+ | extent, as is, or may be provided in the act of congress granting the | ||
+ | same. | ||
+ | |||
+ | Third. In order that payment of the debts and liabilities contracted | ||
+ | or incurred by and in behalf of the Territory of Dakota may be justly | ||
+ | and equitably provided for and made, and in pursuance of the | ||
+ | requirements of an act of congress approved February 22, 1889, | ||
+ | entitled "An act to provide for the division of Dakota into two states | ||
+ | and to enable the people of North Dakota, South Dakota, Montana and | ||
+ | Washington to form constitutions and state governments and to be | ||
+ | admitted into the Union on an equal footing with the original states, | ||
+ | and to make donations of public lands to such states," | ||
+ | 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, | ||
+ | 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" | ||
+ | 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," | ||
+ | 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, | ||
+ | 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." | of outstanding warrants drawn on the Capitol Building Fund." | ||
- | The said State of South Dakota shall assume and pay all bonds issued by the | + | The said State of South Dakota shall assume and pay all bonds issued |
- | Territory or Dakota to provide funds for the purchase, construction, | + | by the Territory or Dakota to provide funds for the purchase, |
- | maintenance of such public institutions, | + | construction, |
- | within the boundaries of South Dakota. | + | 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 | + | That is to say: The State of North Dakota shall assume and pay the |
- | bonds and indebtedness, | + | following |
- | Bonds issued on account of the Hospital for Insane at Jamestown, North Dakota, | + | Bonds issued on account of the Hospital for Insane at Jamestown, North |
- | the face aggregate of which is $266,000; also bonds issued on account of the | + | Dakota, the face aggregate of which is $266,000; also bonds issued on |
- | North Dakota University at Grand Forks, North Dakota, the face aggregate of | + | account of the North Dakota University at Grand Forks, North Dakota, |
- | which is $96,700; also, bonds issued on account of the Penitentiary at Bismarck, | + | the face aggregate of which is $96,700; also, bonds issued on account |
- | North Dakota, the face aggregate of which is $93,600; also, refunding Capitol | + | of the Penitentiary at Bismarck, North Dakota, the face aggregate of |
- | Building warrants dated April 1, 1889, $83,507.46. | + | 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 | + | And the State of South Dakota shall assume and pay the following bonds |
- | indebtedness, | + | and indebtedness, |
- | Bonds issued on account of the Hospital for the Insane at Yankton, South Dakota, | + | Bonds issued on account of the Hospital for the Insane at Yankton, |
- | the face aggregate of which is $210,000; also, bonds issued on account of the | + | South Dakota, the face aggregate of which is $210,000; also, bonds |
- | School for Deaf Mutes, at Sioux Falls, South Dakota, the face aggregate of which | + | issued on account of the School for Deaf Mutes, at Sioux Falls, South |
- | is $51,000; also, bonds issued on account of the University at Vermillion, South | + | Dakota, the face aggregate of which is $51,000; also, bonds issued on |
- | Dakota, the face aggregate of which is $75,000; also, bonds issued on account of | + | account of the University at Vermillion, South Dakota, the face |
- | the Penitentiary at Sioux Falls, South Dakota, the face aggregate of which is | + | aggregate of which is $75,000; also, bonds issued on account of the |
- | $94,300; also, bonds issued on account of the Agricultural College at Brookings, | + | Penitentiary at Sioux Falls, South Dakota, the face aggregate of which |
- | South Dakota, the face aggregate of which is $97,500; also, bonds issued on | + | is $94,300; also, bonds issued on account of the Agricultural College |
- | account of the Normal School at Madison, South Dakota, the face aggregate of | + | at Brookings, South Dakota, the face aggregate of which is $97,500; |
- | which is $49,400; also, bonds issued on account of the School of Mines at Rapid | + | also, bonds issued on account of the Normal School at Madison, South |
- | City, South Dakota, the face aggregate of which is $33,000; also, bonds issued | + | Dakota, the face aggregate of which is $49,400; also, bonds issued on |
- | on account of the Reform School at Plankinton, South Dakota, the face aggregate | + | account of the School of Mines at Rapid City, South Dakota, the face |
- | of which is $30,000; also, bonds issued on account of the Normal School at | + | aggregate of which is $33,000; also, bonds issued on account of the |
- | Spearfish, South Dakota, the face aggregate of which is $25,000; also bonds | + | Reform School at Plankinton, South Dakota, the face aggregate of which |
- | issued on account of the Soldiers' | + | is $30,000; also, bonds issued on account of the Normal School at |
- | aggregate of which is $45,000. | + | Spearfish, South Dakota, the face aggregate of which is $25,000; also |
+ | bonds issued on account of the Soldiers' | ||
+ | Dakota, the face aggregate of which is $45,000. | ||
- | The States of North Dakota and South Dakota shall pay one- half each of all | + | The States of North Dakota and South Dakota shall pay one- half each |
- | liabilities now existing or hereafter and prior to the taking effect of this | + | of all liabilities now existing or hereafter and prior to the taking |
- | agreement incurred, except those hereto fore or hereafter incurred on account of | + | effect of this agreement incurred, except those hereto fore or |
- | public institutions, | + | hereafter incurred on account of public institutions, |
- | specifically provided. | + | buildings, except as otherwise herein specifically provided. |
- | The State of South Dakota shall pay to the State of North Dakota $46,500, on | + | The State of South Dakota shall pay to the State of North Dakota |
- | account of the excess of Territorial appropriations for the permanent | + | $46,500, on account of the excess of Territorial appropriations for |
- | improvement of territorial institutions which under this agreement will go to | + | the permanent improvement of territorial institutions which under this |
- | South Dakota, and in full of the undivided one-half interest of North Dakota in | + | agreement will go to South Dakota, and in full of the undivided |
- | the territorial library, and iu full settlement of unbalanced accounts, and of | + | one-half interest of North Dakota in the territorial library, and iu |
- | all claims against the territory, of whatever nature, legal or equitable, | + | full settlement of unbalanced accounts, and of all claims against the |
- | arising out of the alleged erroneous or unlawful taxation of Northern Pacific | + | territory, of whatever nature, legal or equitable, arising out of the |
- | Railroad lands, and the payment of said amount shall discharge and exempt the | + | alleged erroneous or unlawful taxation of Northern Pacific Railroad |
- | State of South Dakota from all liability for or on account of the several | + | lands, and the payment of said amount shall discharge and exempt the |
- | matters herein before referred to; nor shall either state be called upon to pay | + | State of South Dakota from all liability for or on account of the |
- | or answer to any portion of liability hereafter arising or accruing on account | + | several |
- | of transactions heretofore had, which liability would be a liability of the | + | called upon to pay or answer to any portion of liability hereafter |
- | Territory of Dakota had such territory remained in existence, and which | + | arising or accruing on account of transactions heretofore had, which |
- | liability shall grow out of matters connected with any public institutions, | + | liability would be a liability of the Territory of Dakota had such |
- | grounds or buildings of the territory situated or located within the boundaries | + | territory remained in existence, and which liability shall grow out of |
- | of the other state. | + | matters connected with any public institutions, |
+ | 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: | + | A final adjustment of accounts shall be made upon the following basis: |
- | Dakota shall be charged with all sums paid on account of the public | + | North Dakota shall be charged with all sums paid on account of the |
- | institutions, | + | public |
- | the current appropriations since March 9, 1889, and South Dakota shall be | + | boundaries on account of the current appropriations since March 9, |
- | charged with all sums paid on account of public institutions, | + | 1889, and South Dakota shall be charged with all sums paid on account |
- | buildings located within its boundaries on the same account and during the same | + | of public institutions, |
- | time. Each state shall be charged with one-half of all other expenses of the | + | boundaries on the same account and during the same time. Each state |
- | territorial government during the same time. All moneys paid into the treasury | + | shall be charged with one-half of all other expenses of the |
- | during the period from March 8, 1889, to the time of taking effect of this | + | territorial government during the same time. All moneys paid into the |
- | agreement by any county, municipality or person within the limits of the | + | treasury |
- | proposed state of North Dakota, shall be credited to the State of North Dakota; | + | effect of this agreement by any county, municipality or person within |
- | and all sums paid into said treasury within the same time by any county, | + | the limits of the proposed state of North Dakota, shall be credited to |
- | municipality or person within the limits of the proposed State of South Dakota | + | the State of North Dakota; and all sums paid into said treasury within |
- | shall be credited to the State of South Dakota; except that any and all taxes on | + | the same time by any county, municipality or person within the limits |
- | gross earnings paid into said treasury by railroad corporations, | + | of the proposed State of South Dakota shall be credited to the State |
- | day of March, 1889, based upon earnings of years prior to 1888, under and by | + | of South Dakota; except that any and all taxes on gross earnings paid |
- | virtue of the act of the Legislative Assembly of the Territory of Dakota, | + | into said treasury by railroad corporations, |
- | approved March 7, 1889, and entitled "An Act providing for the levy and | + | March, 1889, based upon earnings of years prior to 1888, under and by |
- | collection of taxes upon property of railroad companies in this Territory," | + | virtue of the act of the Legislative Assembly of the Territory of |
- | being Chapter 107 of the Session Laws of 1889, (that is, the part of such sums | + | Dakota, approved March 7, 1889, and entitled "An Act providing for the |
- | going to the Territory) shall be equally divided between the States of North | + | levy and collection of taxes upon property of railroad companies in |
- | Dakota and South Dakota; and all taxes heretofore or here after paid into said | + | this Territory," |
- | treasury under and by virtue of the act last mentioned, based on the gross | + | is, the part of such sums going to the Territory) shall be equally |
- | earnings of the year 1888, shall be distributed as already provided by law, | + | divided between the States of North Dakota and South Dakota; and all |
- | except that so much thereof as goes to the territorial treasury shall be divided | + | taxes heretofore or here after paid into said treasury under and by |
- | as fol lows: North Dakota shall have so much thereof as shall be or has been | + | virtue of the act last mentioned, based on the gross earnings of the |
- | paid by railroads within the limits of the proposed State of North Dakota, and | + | year 1888, shall be distributed as already provided by law, except |
- | South Dakota so much thereof as shall be or has been paid by railroads within | + | that so much thereof as goes to the territorial treasury shall be |
- | the limits of the proposed State of South Dakota; each state shall be credited | + | divided |
- | also with all balances of appropriations made by the Seventeenth Legislative | + | be or has been paid by railroads within the limits of the proposed |
- | Assembly of the Territory of Dakota for the account of the public institutions, | + | State of North Dakota, and South Dakota so much thereof as shall be or |
- | grounds or buildings situated within its limits, remaining unexpended on March | + | has been paid by railroads within the limits of the proposed State of |
- | 8, 1889. If there shall be any indebtedness except the indebtedness represented | + | South Dakota; each state shall be credited also with all balances of |
- | by the bonds and refunding warrants hereinbefore mentioned, each state shall at | + | appropriations made by the Seventeenth Legislative Assembly of the |
- | the time of such final adjustment of accounts, assume its share of said | + | Territory of Dakota for the account of the public institutions, |
- | indebtedness as determined by the amount paid on account of the public | + | grounds or buildings situated within its limits, remaining unexpended |
- | institutions, | + | on March 8, 1889. If there shall be any indebtedness except the |
- | counties, municipalities, | + | indebtedness represented by the bonds and refunding warrants |
- | said state, as provided in this article ; and if there should be a surplus at | + | hereinbefore mentioned, each state shall at the time of such final |
- | the time of such final adjustment, each state shall be entitled to the amounts | + | adjustment of accounts, assume its share of said indebtedness as |
- | received from counties, municipalities, | + | determined by the amount paid on account of the public institutions, |
- | its limits over and above the amount charged it. And the State of North Dakota | + | grounds or buildings of such state in excess of the receipts from |
- | hereby obligates itself to pay such part of the debts and liabilities of the | + | counties, municipalities, |
- | Territory of Dakota as is declared by the foregoing agreement to be its | + | limits of said state, as provided in this article ; and if there |
- | proportion thereof, the same as if such proportion had been originally created | + | should be a surplus at the time of such final adjustment, each state |
- | by said State of North Dakota as its own debt or liability. | + | shall be entitled to the amounts received from counties, |
+ | municipalities, | ||
+ | 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. | ||
- | Sec. 204. Jurisdiction is ceded to the United States over the military | + | === Section |
- | reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and Fort Totten, | + | |
- | heretofore declared by the President of the United States; Provided, Legal | + | Jurisdiction is ceded to the United States over the military |
- | process, civil and criminal, of this state, shall extend over such reservations | + | reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and |
- | in all cases in which exclusive jurisdiction is not vested in the United States, | + | Fort Totten, heretofore declared by the President of the United |
- | or of crimes not committed within the limits of such reservations. | + | States; Provided, Legal process, civil and criminal, of this state, |
- | The State of North Dakota hereby accepts the several grants of land granted by | + | shall extend over such reservations in all cases in which exclusive |
- | the United States to the State of North Dakota by an act of congress entitled | + | jurisdiction is not vested in the United States, or of crimes not |
- | "An act to provide for the division of Dakota into two states, and to enable the | + | committed within the limits of such reservations. |
- | people of North Dakota, South Dakota, Montana and Washington to form | + | |
- | Constitutions and state governments, | + | === Section |
- | footing with the original states, and to make donations of public lands to such | + | |
- | states," | + | The State of North Dakota hereby accepts the several grants of land |
- | right however to apply to congress for modifications of said conditions and | + | 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," | ||
+ | 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. | limitations in case of necessity. | ||
- | ===== ARTICLE XVII. MISCELLANEOUS. ===== | + | ===== ARTICLE XVII. MISCELLANEOUS. ===== |
- | Sec. 206. The name of this state shall be "North Dakota." | + | === Section |
- | Dakota shall consist of all the territory included within the following | + | |
- | boundaries, to-wit: Commencing at a point in the main channel of the Red River | + | |
- | of the north, where the forty-ninth degree of north latitude crosses the same; | + | |
- | thence south up the main channel of the same and along the boundary line of the | + | |
- | State of Minnesota to a point where the Seventh Standard parallel intersects the | + | |
- | same; thence west along said Seventh Standard parallel produced due west to a | + | |
- | point where it intersects the twenty-seventh meridian of longitude west from | + | |
- | Washington; thence north on said meridian to a point where it intersects the | + | |
- | forty-ninth degree of north latitude; thence east along said line to place of | + | |
- | beginning. | + | |
- | Sec. 207. The following described seal is hereby declared to be and hereby | + | The name of this state shall be "North Dakota." |
- | constituted the Great Seal of the State of North Dakota, to-wit: | + | Dakota |
- | open field, | + | following boundaries, to-wit: |
- | right a plow, anvil and sledge; on the left a bow crossed with three arrows, and | + | channel of the Red River of the north, where the forty-ninth degree of |
- | an Indian on horseback pursuing a buffalo towards | + | north latitude crosses |
- | of the tree arched by a half circle of forty two stars, surrounded by the motto | + | the same and along the boundary line of the State of Minnesota to a |
- | " | + | point where the Seventh Standard parallel intersects |
- | Seal" at the top; the words " | + | west along said Seventh Standard parallel produced due west to a point |
- | 1st" on on the left and " | + | where it intersects |
- | inches in diameter. | + | Washington; thence north on said meridian to a point where it |
+ | intersects | ||
+ | said line to place of beginning. | ||
- | Sec. 208. The right of the debtor to enjoy the comforts and necessaries of life | + | === Section 207. === |
- | 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. | + | |
- | Sec. 209. The labor of children under twelve years of age, shall be prohibited | + | The following described seal is hereby declared to be and hereby |
- | in mines, factories | + | constituted the Great Seal of the State of North Dakota, to-wit: A |
+ | tree in the open field, the trunk of which is surrounded by three | ||
+ | bundles of wheat; on the right a plow, anvil and sledge; on the left a | ||
+ | bow crossed with three arrows, and an Indian on horseback pursuing a | ||
+ | buffalo towards the setting sun; the foliage of the tree arched by a | ||
+ | half circle of forty two stars, surrounded by the motto " | ||
+ | Union, Now and Forever, One and Inseparable;" | ||
+ | at the top; the words "State of North Dakota" | ||
+ | 1st" on on the left and " | ||
+ | one-half inches | ||
- | Sec. 210. All flowing streams and natural water courses shall forever remain the | + | === Section 208. === |
- | property of the State for mining, irrigating and manufacturing purposes. | + | |
- | Sec. 211. Members | + | The right of the debtor to enjoy the comforts |
- | such inferior officers as may be by law exempted shall, before they enter on the | + | shall be recognized |
- | duties | + | all heads of families a homestead |
- | affirmation: | + | and defined by law, and a reasonable amount |
- | support the Constitution of the United States | + | kind and value shall be fixed by law. This section shall not be |
- | of North Dakota; | + | construed |
- | of according | + | materials furnished in the improvement thereof, in such manner |
- | pains and penalties of perjury), if an affirmation, | + | be prescribed by law. |
- | declaration, or test shall be required | + | |
- | public trust. | + | |
- | Sec. 212. The exchange of "black lists" between corporations shall be | + | === Section 209. === |
- | prohibited. | + | |
- | Sec. 213. The real and personal property | + | The labor of children under twelve years of age, shall be prohibited |
- | before marriage, and all property to which she may after marriage become | + | in mines, factories |
- | manner rightfully entitled, shall be her separate property and shall not be | + | |
- | liable for the debts of her husband. | + | |
- | ===== ARTICLE XVIII. | + | === Section 210. === |
- | Sec. 214. Until otherwise provided by law, the member of the House of | + | All flowing streams and natural water courses shall forever remain |
- | Representatives | + | property |
- | at large. | + | purposes. |
- | Until otherwise provided by law, the Senatorial and Representative Districts | + | === Section 211. === |
- | shall be formed, and the senators and the representatives shall be apportioned | + | |
- | as follows: | + | |
- | The First District shall consist | + | Members |
- | Neche, Pembina, Bathgate, Carlisle, Joliet, Midland, Lincoln | + | such inferior officers as may be by law exempted shall, before they |
- | county of Pembina, and be entitled to one senator and two representatives. | + | enter on the duties of their respective offices, take and subscribe |
+ | the following oath or affirmation: | ||
+ | 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. | ||
- | The Second District shall consist of the townships of St. Thomas, Hamilton, | + | === Section 212. === |
- | Cavalier, Akra, Beaulien, Thingvalla, Gardar, Park, Crystal, Elora and Lodema, | + | |
- | in the county of Pembina, and be entitled to one senator and two | + | |
- | representatives. | + | |
- | The Third District | + | The exchange of "black lists" between corporations |
- | Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon, Golden, Lampton, | + | prohibited. |
- | Eden, Rushford, Kensington, Dundee, Ops, Prairie Center, Fertile, Park River and | + | |
- | Glenwood, in the county of Walsh, and be entitled to one senator and two | + | |
- | representatives. | + | |
- | The Fourth District shall consist of the townships of Forest River, Walsh | + | === Section 213. === |
- | Center, Grafton, Farmington, Ardock, Village of Ardock, Harrison, City of | + | |
- | Grafton, Oakwood, Martin, Walshville, Pulaski, Ackton, Minto and St. Andrews, in | + | |
- | the county of Walsh, and be entitled to one senator and three representatives. | + | |
- | The Fifth District shall consist of the townships of Gilby, Johnstown, Strabane, | + | The real and personal property of any woman in this State, acquired |
- | Wheatfield, Hegton, Arvilla, Avon, Northwood, Lind, Grace, Larimore, and the | + | before marriage, and all property to which she may after marriage |
- | city of Larimore, Elm Grove, Agnes, Inkster, Elkmount, Oakwood, Niagara, | + | become in any manner rightfully entitled, shall be her separate |
- | Moraine, Logan and Loretta | + | property and shall not be liable for the debts of her husband. |
+ | |||
+ | ===== ARTICLE XVIII. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. | ||
+ | ===== | ||
+ | |||
+ | === Section 214. === | ||
+ | |||
+ | Until otherwise provided by law, the member of the House of | ||
+ | Representatives of the United States apportioned to this State, shall | ||
+ | be elected at large. | ||
+ | |||
+ | Until otherwise provided by law, the Senatorial and Representative | ||
+ | Districts shall be formed, and the senators and the representatives | ||
+ | shall be apportioned as follows: | ||
+ | |||
+ | The First District shall consist of the townships of Walhalla, St. | ||
+ | Joseph, Neche, Pembina, Bathgate, Carlisle, Joliet, Midland, Lincoln | ||
+ | and Drayton, in the county of Pembina, and be entitled to one senator | ||
+ | and two representatives. | ||
+ | |||
+ | The Second District shall consist | ||
+ | Hamilton, Cavalier, Akra, Beaulien, Thingvalla, Gardar, Park, Crystal, | ||
+ | Elora and Lodema, | ||
senator and two representatives. | senator and two representatives. | ||
- | The Sixth District shall consist of the Third, Fourth, Fifth and Sixth wards of | + | The Third District shall consist of the townships of Perth, Latona, |
- | the city of Grand Forks, as now constituted, and the townships of Falconer, | + | Adams, Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon, |
- | Harvey, Turtle River, Ferry, Rye, Blooming, Meckinock, Lakeville | + | Golden, Lampton, Eden, Rushford, Kensington, Dundee, Ops, Prairie |
- | the county of Grand Forks and be entitled to one senator and two | + | Center, Fertile, Park River and Glenwood, |
- | representatives. | + | be entitled to one senator and two representatives. |
- | The Seventh | + | The Fourth |
- | Grand Forks, as now constituted, and the townships | + | Walsh Center, Grafton, Farmington, Ardock, Village |
- | Oakville, Chester, Pleasant View, Fairfield, Allendale, Walle, Bentru, Americus, | + | Harrison, City of Grafton, Oakwood, Martin, Walshville, Pulaski, |
- | Michigan, Union and Washington, in the county of Grand Forks, and be entitled | + | Ackton, Minto and St. Andrews, in the county of Walsh, and be entitled |
- | one senator and two representatives. | + | to one senator and three representatives. |
- | The Eighth | + | The Fifth District shall consist of the townships of Gilby, Johnstown, |
- | senator and four representatives. | + | Strabane, Wheatfield, Hegton, Arvilla, Avon, Northwood, Lind, Grace, |
+ | Larimore, and the city of Larimore, Elm Grove, Agnes, Inkster, | ||
+ | Elkmount, Oakwood, Niagara, Moraine, Logan and Loretta in the county | ||
+ | of Grand Forks, | ||
+ | representatives. | ||
- | The Ninth District shall consist of the township | + | The Sixth District shall consist of the Third, Fourth, Fifth and Sixth |
- | in the County | + | wards of the city of Grand Forks, as now constituted, |
+ | townships | ||
+ | Meckinock, Lakeville and Levant | ||
entitled to one senator and two representatives. | entitled to one senator and two representatives. | ||
- | The Tenth District shall consist of the townships | + | The Seventh |
- | Reed, Barnes, Stanley, Pleasant, | + | the city of Grand Forks, as now constituted, and the townships of |
- | Warren, Norman, Elm River, Harmony, Durbin, Addison, Davenport, Casselton | + | Grand Forks, Brenna, Oakville, Chester, Pleasant |
- | the City of Casselton, in the County | + | Allendale, Walle, Bentru, Americus, Michigan, Union and Washington, in |
- | three representatives. | + | the county |
+ | representatives. | ||
- | The Eleventh | + | The Eighth |
- | Hunter, Arthur, Amenia, Everest, Maple River, Leonard, Dows, Erie, Empire, | + | entitled to one senator and four representatives. |
- | Wheatland, Gill, Walburg, Watson, Page, Rich, Ayr, Buffalo, Howes, Eldred, | + | |
- | Highland, Rochester, Lake, Cornell, Tower, Hill, Clifton | + | |
- | County of Cass, and be entitled to one senator and three representatives. | + | |
- | The Twelfth | + | The Ninth District shall consist of the township |
- | one senator and three representatives. | + | of Fargo in the County of Cass and the fractional township number 139 |
+ | in range 48, and be entitled to one senator and two representatives. | ||
- | The Thirteenth | + | The Tenth District shall consist of the townships |
- | to one senator and two representatives. | + | Harwood, Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin, |
+ | Raymond, Mapleton, Warren, Norman, Elm River, Harmony, Durbin, | ||
+ | Addison, Davenport, Casselton and the City of Casselton, in the County | ||
+ | of Cass, and be entitled to one senator and three representatives. | ||
- | The Fourteenth | + | The Eleventh |
- | one senator and two representatives. | + | River, Hunter, Arthur, Amenia, Everest, Maple River, Leonard, Dows, |
+ | Erie, Empire, Wheatland, Gill, Walburg, Watson, Page, Rich, Ayr, | ||
+ | Buffalo, Howes, Eldred, Highland, Rochester, Lake, Cornell, Tower, | ||
+ | Hill, Clifton and Pontiac, in the County of Cass, and be entitled to | ||
+ | one senator and three representatives. | ||
- | The Fifteenth | + | The Twelfth |
- | one senator and two representatives. | + | entitled to one senator and three representatives. |
- | The Sixteenth | + | The Thirteenth |
entitled to one senator and two representatives. | entitled to one senator and two representatives. | ||
- | The Seventeenth | + | The Fourteenth |
- | to one senator and one representative. | + | entitled to one senator and two representatives. |
- | The Eighteenth | + | The Fifteenth |
- | to one senator and two representatives. | + | entitled |
- | The Nineteenth | + | The Sixteenth |
- | be entitled to one senator and one representative. | + | Griggs |
- | The Twentieth | + | The Seventeenth |
+ | entitled to one senator and one representative. | ||
+ | |||
+ | The Eighteenth District shall consist of the county of Cavalier | ||
entitled to one senator and two representatives. | entitled to one senator and two representatives. | ||
- | The Twenty-first | + | The Nineteenth |
- | to one senator and two representatives. | + | Rolette |
- | The Twenty-second | + | The Twentieth |
- | Wells and be entitled one senator and two representatives. | + | Pierce |
- | The Twenty-third District shall consist of the county of Stutsman, | + | The Twenty-first District shall consist of the county of Ramsey |
entitled to one senator and two representatives. | entitled to one senator and two representatives. | ||
- | The Twenty-fourth | + | The Twenty-second |
- | entitled | + | Foster and Wells and be entitled one senator and two representatives. |
- | The Twenty-fifth District shall consist of the county of Dickey, and be entitled | + | The Twenty-third District shall consist of the county of Stutsman, and |
- | to one senator and two representatives. | + | be entitled to one senator and two representatives. |
- | The Twenty-sixth District shall consist of the counties | + | The Twenty-fourth |
- | Logan and Kidder, and be entitled to one senator and two representatives. | + | be entitled to one senator and one representative. |
- | The Twenty-seventh | + | The Twenty-fifth District shall consist of the county of Dickey, and |
- | entitled to one senator and two representatives. | + | be entitled to one senator and two representatives. |
- | The Twenty-eighth | + | The Twenty-sixth District shall consist of the counties of Emmons, |
- | McHenry | + | McIntosh, Logan and Kidder, |
+ | representatives. | ||
- | The Twenty-ninth District shall consist of the counties | + | The Twenty-seventh |
- | the unorganized counties laying north of the Missouri river, | + | and be entitled to one senator and two representatives. |
- | one senator and one representative. | + | |
- | The Thirtieth | + | The Twenty-eighth |
- | be entitled to one senator and two representatives. | + | and McHenry |
- | The Thirty-first District shall consist of the counties of Mercer, Stark and | + | The Twenty-ninth District shall consist of the counties of Ward, |
- | Billings | + | McLean, |
- | be entitled to one senator and one representative. | + | river, and be entitled to one senator and one representative. |
- | ===== ARTICLE XIX. | + | The Thirtieth District shall consist of the counties of Morton and |
+ | Oliver, and be entitled to one senator and two representatives. | ||
- | Sec. 215. The following public institutions | + | The Thirty-first District shall consist |
- | at the places hereinafter named, each to have the lands specifically granted to | + | Stark and Billings and all the unorganized counties lying south of the |
- | it by the United States, in the Act of Congress, approved February 22, 1889, to | + | Missouri river, and be entitled |
- | be disposed of and used in such manner as the Legislative Assembly may | + | |
- | prescribe, subject | + | |
- | public lands contained in this Constitution. | + | |
- | First. The seat of government at the city of Bismarck in the county of Burleigh. | + | ===== ARTICLE XIX. PUBLIC INSTITUTIONS. ===== |
- | Second. The State University and the School of Mines at the city of Grand Forks, | + | === Section 215. === |
- | in the county of Grand Forks. | + | |
- | Third. The Agricultural College at the city of Fargo in the county of Cass. | + | The following public institutions of the State are permanently located |
+ | at the places hereinafter named, each to have the lands specifically | ||
+ | granted to it by the United States, in the Act of Congress, approved | ||
+ | February 22, 1889, to be disposed of and used in such manner as the | ||
+ | Legislative Assembly may prescribe, subject to the limitations | ||
+ | provided in the article on school and public lands contained in this | ||
+ | Constitution. | ||
+ | |||
+ | First. The seat of government at the city of Bismarck in the county of | ||
+ | Burleigh. | ||
+ | |||
+ | Second. The State University and the School of Mines at the city of | ||
+ | Grand Forks, in the county of Grand Forks. | ||
+ | |||
+ | Third. The Agricultural College at the city of Fargo in the county of | ||
+ | Cass. | ||
- | Fourth. A State Normal School at the city of Valley City, in the county of | + | Fourth. A State Normal School at the city of Valley City, in the |
- | Barnes; and the Legislative Assembly in apportioning the grant of eighty | + | county of Barnes; and the Legislative Assembly in apportioning the |
- | thousand acres of land for Normal schools made in the Act of Congress referred | + | grant of eighty thousand acres of land for Normal schools made in the |
- | to shall grant to the said Normal School at Valley City as aforementioned, | + | Act of Congress referred to shall grant to the said Normal School at |
- | thousand (50,000) acres, and said lands are hereby appropriated to said | + | Valley City as aforementioned, |
- | institution for that purpose. | + | lands are hereby appropriated to said institution for that purpose. |
- | Fifth. The Deaf and Dumb Asylum at the city of Devils Lake, in the county of | + | Fifth. The Deaf and Dumb Asylum at the city of Devils Lake, in the |
- | Ramsey. | + | county of Ramsey. |
- | Sixth. A State Reform School at the city of Mandan in the county of Morton. | + | Sixth. A State Reform School at the city of Mandan in the county of |
+ | Morton. | ||
- | Seventh. A State Normal School at the city of Mayville, in the county of Traill. | + | Seventh. A State Normal School at the city of Mayville, in the county |
- | And the Legislative Assembly in apportioning the grant of lands made by | + | of Traill. And the Legislative Assembly in apportioning the grant of |
- | Congress, in the act aforesaid for State Normal Schools, shall assign thirty | + | lands made by Congress, in the act aforesaid for State Normal Schools, |
- | thousand acres to the institution hereby located at Mayville, and said lands are | + | shall assign thirty thousand acres to the institution hereby located |
- | hereby appropriated for said purpose. | + | at Mayville, and said lands are hereby appropriated for said purpose. |
Eighth. A State Hospital for the Insane and an Institution for the | Eighth. A State Hospital for the Insane and an Institution for the | ||
- | Feeble-Minded, | + | Feeble-Minded, |
- | of Stutsman. And the Legislative Assembly shall appropriate twenty thousand | + | the county of Stutsman. And the Legislative Assembly shall appropriate |
- | acres of the grant of lands mads by the act of Congress aforesaid for "Other | + | twenty thousand acres of the grant of lands mads by the act of |
- | Educational and Charitable Institutions" | + | Congress aforesaid for "Other Educational and Charitable Institutions" |
- | said institution. | + | to the benefit and for the endowment of said institution. |
- | Sec. 216. The following named public institutions are hereby permanently located | + | === Section |
- | as hereinafter provided, each to have so much of the remaining grant of one | + | |
- | hundred and seventy thousand acres of land made by the United States for " | + | |
- | Educational and Charitable Institutions," | + | |
- | First. A Soldiers' | + | The following named public institutions are hereby permanently |
- | the Legislative Assembly may determine, at Lisbon, in the county | + | as hereinafter provided, each to have so much of the remaining |
- | a grant of forty thousand acres of land. | + | of one hundred and seventy |
+ | States for "Other Educational and Charitable Institutions," | ||
+ | allotted below, viz: | ||
- | Second. A Blind Asylum, or such other institution as the Legislative Assembly | + | First. A Soldiers' |
- | may determine, at such place in the county of Pembina as the qualified electors | + | institution as the Legislative Assembly may determine, at Lisbon, |
- | of said county may determine at an election to be held as prescribed by the | + | the county of Ransom, with a grant of forty thousand acres of land. |
- | Legislative Assembly, with a grant of thirty | + | |
- | Third. An Industrial School and School for Manual Training, or such other | + | Second. A Blind Asylum, or such other institution as the Legislative |
- | educational or charitable | + | Assembly may determine, at such place in the county of Pembina as the |
- | at the town of Ellendale | + | qualified electors of said county may determine at an election to be |
- | acres. | + | held as prescribed by the Legislative Assembly, with a grant of thirty |
+ | thousand | ||
- | Fourth. A School of Forestry or such other institution as the Legislative | + | Third. An Industrial School and School for Manual Training, or such |
- | Assembly may determine, at such place in one of the counties of McHenry, Ward, | + | other educational or charitable institution as the Legislative |
- | Bottineau, or Rollette, as the electors of said counties may determine by an | + | Assembly may provide, at the town of Ellendale in the county of |
- | election for that purpose, to be held as provided by the Legislative Assembly. | + | Dickey, with a grant of forty thousand acres. |
+ | |||
+ | Fourth. A School of Forestry or such other institution as the | ||
+ | Legislative | ||
+ | counties of McHenry, Ward, Bottineau, or Rollette, as the electors of | ||
+ | said counties may determine by an election for that purpose, to be | ||
+ | held as provided by the Legislative Assembly. | ||
Fifth. A scientific school, or such "other educational or charitable | Fifth. A scientific school, or such "other educational or charitable | ||
- | institution" | + | institution" |
- | county of Richland, with a grant of forty thousand acres ; Provided, That no | + | Wahpeton, county of Richland, with a grant of forty thousand acres ; |
- | other institution of a character similar to any one of those located by this | + | Provided, That no other institution of a character similar to any one |
- | article shall be established or maintained without a revision of this | + | of those located by this article shall be established or maintained |
- | Constitution. | + | without a revision of this Constitution. |
- | ===== ARTICLE XX. Prohibition. ===== | + | ===== ARTICLE XX. Prohibition. ===== |
- | To be submitted to a separate vote of the people as provided by the schedule and | + | To be submitted to a separate vote of the people as provided by the |
- | ordinance. | + | schedule and ordinance. |
- | Sec. 217. No person, association or corporation shall within this State, | + | === Section |
+ | |||
+ | No person, association or corporation shall within this State, | ||
manufacture for sale or gift, any intoxicating liquors and no person, | manufacture for sale or gift, any intoxicating liquors and no person, | ||
- | association or corporation shall import any of the same for sale or gift, or | + | association or corporation shall import any of the same for sale or |
- | keep or sell or offer the same for sale, or gift, barter or trade as a beverage. | + | gift, or keep or sell or offer the same for sale, or gift, barter or |
- | The Legislative Assembly shall by law prescribe regulations for the enforcement | + | trade as a beverage. The Legislative Assembly shall by law prescribe |
- | of the provisions of this article and shall thereby provide suitable penalties | + | regulations for the enforcement of the provisions of this article and |
- | for the violation thereof. | + | shall thereby provide suitable penalties for the violation thereof. |
===== SCHEDULE. ===== | ===== SCHEDULE. ===== | ||
- | Section 1. That no inconvenience may arise from a change of territorial | + | === Section 1. === |
- | government to state government, it is declared that all writs, actions, | + | |
- | prosecutions, | + | |
- | continue as if no change of government had taken place, and all processes which | + | |
- | may, be fore the organization of the judicial department under this | + | |
- | Constitution, | + | |
- | as valid as if issued in the name of the State. | + | |
- | Sec. 2. All laws now in force in the Territory | + | That no inconvenience may arise from a change |
- | repugnant to this Constitution, | + | territorial government to state government, it is declared that all |
- | own limitations or be altered or repealed. | + | writs, actions, prosecutions, |
+ | bodies corporate shall continue as if no change of government had | ||
+ | taken place, and all processes | ||
+ | the judicial department under this Constitution, | ||
+ | authority of the Territory of Dakota | ||
+ | the name of the State. | ||
- | Sec. 3. All fines, penalties, forfeitures and escheats accruing to the Territory | + | === Section 2. === |
- | of Dakota shall accrue to the use of the states of North Dakota and South Dakota | + | |
- | and may be sued for and recovered by either of said states as necessity may | + | |
- | require. | + | |
- | Sec. 4. All recognizances, bonds, obligations or other undertakings heretofore | + | All laws now in force in the Territory of Dakota, which are not |
- | taken, or which may be taken before the organization of the judicial department | + | repugnant to this Constitution, |
- | under this Constitution, | + | expire by their own limitations |
- | prosecuted | + | |
- | undertakings executed to this territory, | + | |
- | capacity, shall pass over to the proper state authority, and to their successors | + | |
- | in office, for the uses therein respectively expressed, and may be sued for and | + | |
- | recovered accordingly; | + | |
- | arisen, | + | |
- | this Constitution, | + | |
- | and execution in the name of the state. | + | |
- | Sec. 5. All property, real and personal, and credits, claims and choses in | + | === Section 3. === |
- | action belonging to the Territory of Dakota at the time of the adoption of this | + | |
- | Constitution, | + | |
- | Dakota and South Dakota. | + | |
- | Sec. 6. Whenever any two of the judges of the Supreme court of the State, | + | All fines, penalties, forfeitures |
- | elected under the provisions of this Constitution shall have qualified in their | + | Territory of Dakota |
- | offices, the causes then pending in the Supreme court of the Territory on appeal | + | Dakota |
- | or writ of error from the district courts of any county or subdivision within | + | said states |
- | the limits of this State, and the papers, records and proceedings of said court | + | |
- | shall pass into the jurisdiction and possession of the Supreme court of the | + | |
- | State, except as otherwise provided in the enabling act of Congress, and until | + | |
- | so superseded the Supreme court of the Territory | + | |
- | continue, with like powers and jurisdiction, | + | |
- | been adopted. Whenever the judge of the district court of any district elected | + | |
- | under the provisions | + | |
- | the several causes then pending in the district court of the Territory within | + | |
- | any county in such district, and the records, papers and proceedings | + | |
- | district court, | + | |
- | into the jurisdiction and possession of the district court of the State for such | + | |
- | county, except as provided in the enabling act of Congress, | + | |
- | district courts | + | |
- | the said district courts and the judges thereof shall continue with the same | + | |
- | jurisdiction and power to be exercised in the same judicial districts respect | + | |
- | ively as heretofore constituted under the laws of the Territory. | + | |
- | Sec. 7. Until otherwise provided by law, the seals now in use in the supreme and | + | === Section 4. === |
- | district courts of this Territory are hereby declared to be the seals of the | + | |
- | supreme and district courts respectively of the State. | + | |
- | Sec. 8. Whenever this Constitution shall go into effect, the books, records and | + | All recognizances, bonds, obligations or other undertakings heretofore |
- | papers, and proceedings | + | taken, or which may be taken before the organization |
- | matters of administration and other matters pending therein, shall pass into the | + | department under this Constitution, shall remain valid, and shall pass |
- | jurisdiction | + | over to, and may be prosecuted in the name of the state; all bonds, |
- | county court shall proceed | + | obligations or other undertakings executed |
- | determination | + | any officer |
- | might have done if this Constitution had not been adopted. And until the | + | state authority, |
- | election and qualification of the judges | + | therein respectively expressed, and may be sued for and recovered |
- | this Constitution, | + | accordingly; |
- | courts within their respective counties, | + | arisen, or may arise before |
- | each county shall be the seal of the county court therein, until the said court | + | department, under this Constitution, |
- | shall have procured a proper seal. | + | may be prosecuted to judgment |
- | Sec. 9. The terms " | + | === Section 5. === |
- | statutes of the territory shall, after this Constitution goes into effect, be | + | |
- | held to apply to the county court or county judge. | + | |
- | Sec. 10. All territorial, county | + | All property, real and personal, and credits, claims |
- | the time this Constitution takes effect, whether holding their offices under the | + | action belonging to the Territory |
- | authority of the United States or of the Territory, shall hold and exercise | + | adoption |
- | their respective offices, and perform the duties thereof as prescribed | + | property |
- | Constitution, | + | |
- | accordance with the provisions | + | |
- | such officers shall continue in full force and effect as though this | + | |
- | Constitution had not been adopted; and such officers for their term of service, | + | |
- | under this Constitution, | + | |
- | by this Constitution, | + | |
- | officers; Provided, That the county and precinct officers shall hold their | + | |
- | offices for the term for which they were elected. There shall be elected | + | |
- | organized county in this State, at the election to be held for the ratification | + | |
- | of this Constitution, | + | |
- | under said election until his successor is duly elected and qualified. The | + | |
- | judges | + | |
- | organized county where no such attorneys have been elected, which appointment | + | |
- | shall continue until the general election to be held in 1890, and until his | + | |
- | successor is elected | + | |
- | Sec. 11. This Constitution shall take effect and be in full force immediately | + | === Section 6. === |
+ | |||
+ | Whenever any two of the judges of the Supreme court of the State, | ||
+ | elected under the provisions of this Constitution shall have qualified | ||
+ | in their offices, the causes then pending in the Supreme court of the | ||
+ | Territory on appeal or writ of error from the district courts of any | ||
+ | county or subdivision within the limits of this State, and the papers, | ||
+ | records and proceedings of said court shall pass into the jurisdiction | ||
+ | and possession of the Supreme court of the State, except as otherwise | ||
+ | provided in the enabling act of Congress, and until so superseded the | ||
+ | Supreme court of the Territory and the judges thereof shall continue, | ||
+ | with like powers and jurisdiction, | ||
+ | been adopted. Whenever the judge of the district court of any district | ||
+ | elected under the provisions of this Constitution shall have qualified | ||
+ | in his office, the several causes then pending in the district court | ||
+ | of the Territory within any county in such district, and the records, | ||
+ | papers and proceedings of said district court, and the seal and other | ||
+ | property pertaining thereto, shall pass into the jurisdiction and | ||
+ | possession of the district court of the State for such county, except | ||
+ | as provided in the enabling act of Congress, and until the district | ||
+ | courts of this Territory shall be superseded in the manner aforesaid, | ||
+ | the said district courts and the judges thereof shall continue with | ||
+ | the same jurisdiction and power to be exercised in the same judicial | ||
+ | districts respect ively as heretofore constituted under the laws of | ||
+ | the Territory. | ||
+ | |||
+ | === Section 7. === | ||
+ | |||
+ | Until otherwise provided by law, the seals now in use in the supreme | ||
+ | and district courts of this Territory are hereby declared to be the | ||
+ | seals of the supreme and district courts respectively of the State. | ||
+ | |||
+ | === Section 8. === | ||
+ | |||
+ | Whenever this Constitution shall go into effect, the books, records | ||
+ | and papers, and proceedings of the probate court in each county, and | ||
+ | all causes and matters of administration and other matters pending | ||
+ | therein, shall pass into the jurisdiction and possession of the county | ||
+ | court of the same county, and the said county court shall proceed to | ||
+ | final decree or judgment, order or other determination in the said | ||
+ | several matters and causes as the said probate court might have done | ||
+ | if this Constitution had not been adopted. And until the election and | ||
+ | qualification of the judges of the county courts provided for in this | ||
+ | Constitution, | ||
+ | courts within their respective counties, and the seal of the probate | ||
+ | court in each county shall be the seal of the county court therein, | ||
+ | until the said court shall have procured a proper seal. | ||
+ | |||
+ | === Section 9. === | ||
+ | |||
+ | The terms " | ||
+ | statutes of the territory shall, after this Constitution goes into | ||
+ | effect, be held to apply to the county court or county judge. | ||
+ | |||
+ | === Section 10. === | ||
+ | |||
+ | All territorial, | ||
+ | the time this Constitution takes effect, whether holding their offices | ||
+ | under the authority of the United States or of the Territory, shall | ||
+ | hold and exercise their respective offices, and perform the duties | ||
+ | thereof as prescribed in this Constitution, | ||
+ | shall be elected and qualified in accordance with the provisions of | ||
+ | this Constitution, | ||
+ | continue in full force and effect as though this Constitution had not | ||
+ | been adopted; and such officers for their term of service, under this | ||
+ | Constitution, | ||
+ | by this Constitution, | ||
+ | like officers; Provided, That the county and precinct officers shall | ||
+ | hold their offices for the term for which they were elected. There | ||
+ | shall be elected in each organized county in this State, at the | ||
+ | election to be held for the ratification of this Constitution, | ||
+ | of the district court, who shall hold his office under said election | ||
+ | until his successor is duly elected and qualified. The judges of the | ||
+ | district court shall have power to appoint states attorneys in any | ||
+ | organized county where no such attorneys have been elected, which | ||
+ | appointment shall continue until the general election to be held in | ||
+ | 1890, and until his successor is elected and qualified. | ||
+ | |||
+ | === Section | ||
+ | |||
+ | This Constitution shall take effect and be in full force immediately | ||
upon the admission of the territory as a state. | upon the admission of the territory as a state. | ||
- | Sec. 12. Immediately upon the adjournment of this Convention the Governor of the | + | === Section |
- | Territory, or in case of his absence or failure to act, the Secretary of the | + | |
- | Territory, or in case of his absence or failure to act, the President of the | + | Immediately upon the adjournment of this Convention the Governor of |
- | Constitutional Convention shall issue a proclamation, | + | the Territory, or in case of his absence or failure to act, the |
- | and a copy thereof mailed to the chairman of the board of county commissioners | + | Secretary of the Territory, or in case of his absence or failure to |
- | of each county, calling an election by the people on the first Tuesday in | + | act, the President of the Constitutional Convention shall issue a |
- | October, 1889, of all the state and district officers created and made elective | + | proclamation, |
- | by this Constitution. This Constitution shall be submitted for adoption or | + | the chairman of the board of county commissioners of each county, |
- | rejection at said election to a vote of the electors qualified by the laws of | + | calling an election by the people on the first Tuesday in October, |
- | this territory to vote at all elections. At the election provided for herein the | + | 1889, of all the state and district officers created and made elective |
- | qualified voters shall vote directly for or against this Constitution and for or | + | by this Constitution. This Constitution shall be submitted for |
- | against the article separately submitted. | + | adoption or rejection at said election to a vote of the electors |
+ | qualified by the laws of this territory to vote at all elections. At | ||
+ | the election provided for herein the qualified voters shall vote | ||
+ | directly for or against this Constitution and for or against the | ||
+ | article separately submitted. | ||
+ | |||
+ | === Section 13. === | ||
+ | |||
+ | The board of commissioners of the several counties shall there upon | ||
+ | order such election for said day, and shall cause notice thereof to be | ||
+ | given "for the period of 20 days in the manner provided by law." Every | ||
+ | qualified elector of the territory, at the date of said election, | ||
+ | shall be entitled to vote thereat. Said election shall be conducted in | ||
+ | all respects in the same manner as provided by the laws of the | ||
+ | territory for general elections, and the returns for all state and | ||
+ | district officers, and members of the Legislative Assembly, shall be | ||
+ | made to the canvassing board hereinafter provided for. | ||
+ | |||
+ | === Section 14. === | ||
+ | |||
+ | The Governor, Secretary and Chief Justice or a majority of them, shall | ||
+ | constitute a board of canvassers to canvass the vote of such election | ||
+ | for all state and district officers aud members of the Legislative | ||
+ | Assembly. The said board shall assemble at the seat of government of | ||
+ | the Territory on the fifteenth day after the day of such election (or | ||
+ | on the following day if such day falls on Sunday), and proceed to | ||
+ | canvass the votes on the adoption of this Constitution and for all | ||
+ | State and district officers and members of the Legislative Assembly in | ||
+ | the manner provided by the laws of the Territory for canvassing the | ||
+ | vote for Delegate to Congress, and they shall issue certificates of | ||
+ | election to the persons found to be elected to said offices severally, | ||
+ | and shall make and file with the Secretary of the Territory an | ||
+ | abstract certified by them, of the number of votes cast for or against | ||
+ | the adoption of the Constitution, | ||
+ | offices and of the total number of votes cast in each county. | ||
- | Sec. 13. The board of commissioners of the several counties shall there upon | + | === Section 15. === |
- | order such election for said day, and shall cause notice thereof to be given | + | |
- | "for the period of 20 days in the manner provided by law." Every qualified | + | |
- | elector of the territory, at the date of said election, shall be entitled to | + | |
- | vote thereat. Said election shall be conducted in all respects in the same | + | |
- | manner as provided by the laws of the territory for general elections, and the | + | |
- | returns for all state and district officers, and members of the Legislative | + | |
- | Assembly, shall be made to tie canvassing board hereinafter provided for. | + | |
- | Sec. 14. The Governor, Secretary and Chief Justice or a majority of them, shall | + | All officers elected at such election shall, within sixty days after |
- | constitute a board of canvassers to canvass | + | the date of the executive proclamation admitting |
- | state and district officers aud members | + | Dakota into the Union, take the oath required by this Constitution, |
- | board shall assemble at the seat of government of the Territory on the fifteenth | + | and give the same bond required |
- | day after the day of such election (or on the following day if such day falls on | + | given in case of like officers |
- | Sunday), and proceed to canvass | + | shall thereupon enter upon the duties |
- | and for all State and district officers and members of the Legislative Assembly | + | the Legislative Assembly may require |
- | in the manner provided | + | other or further bonds as a condition |
- | Delegate to Congress, and they shall issue certificates | + | |
- | persons found to be elected to said offices severally, and shall make and file | + | |
- | with the Secretary | + | |
- | of votes cast for or against the adoption | + | |
- | person for each of said offices and of the total number of votes cast in each | + | |
- | county. | + | |
- | Sec. 15. All officers elected at such election shall, within sixty days after | + | === Section 16. === |
- | the date of the executive proclamation admitting the State of North Dakota into | + | |
- | the Union, take the oath required by this Constitution, | + | |
- | required by the law of the Territory to be given in case of like officers of the | + | |
- | Territory and districts, and shall thereupon enter upon the duties of their | + | |
- | respective offices; but the Legislative Assembly may require by law all such | + | |
- | officers to give other or further bonds as a condition of their continuance in | + | |
- | office. | + | |
- | Sec. 16. The judges of the district court who shall be elected at the election | + | The judges of the district court who shall be elected at the election |
- | herein provided for shall hold their offices until the first Monday in January, | + | herein provided for shall hold their offices until the first Monday in |
- | 1893, and until their successors are elected and qualified. All other state | + | January, 1893, and until their successors are elected and qualified. |
- | officers, except judges of the supreme court, who shall be elected at the | + | All other state officers, except judges of the supreme court, who |
- | election herein provided for, shall hold their offices until the first Monday in | + | shall be elected at the election herein provided for, shall hold their |
- | January, 1891, and until their successors are elected and qualified. Until | + | offices until the first Monday in January, 1891, and until their |
- | otherwise provided by law the judges of the supreme court snail receive for | + | successors are elected and qualified. Until otherwise provided by law |
- | their services the salary of four thousand dollars per annum, payable quarterly; | + | the judges of the supreme court snail receive for their services the |
- | and the district judges shall receive for their services the salary of three | + | salary of four thousand dollars per annum, payable quarterly; and the |
+ | district judges shall receive for their services the salary of three | ||
thousand dollars per annum, payable quarterly. | thousand dollars per annum, payable quarterly. | ||
- | Sec. 17. The Governor-elect of the state immediately upon his qualifying and | + | === Section |
- | entering upon the duties of his office shall issue his proclamation convening | + | |
- | the Legislative Assembly of the State at the seat of government, on a day to be | + | |
- | named in said proclamation, | + | |
- | than forty days after the date of such proclamation. And said Legislative | + | |
- | Assembly after organizing shall proceed to elect two senators of the United | + | |
- | States for the State of North Dakota; and at said election the two persons who | + | |
- | shall receive a majority of all the votes cast by the said senators and | + | |
- | representatives shall be elected such United States Senators. And the presiding | + | |
- | officers of the senate and house of representatives shall each certify the | + | |
- | election to the Governor and Secretary of the State of North Dakota; and the | + | |
- | Governor and Secretary of State shall certify the elections of such senators as | + | |
- | provided by law. | + | |
- | Sec. 18. At the election herein provided for there shall be elected a | + | The Governor-elect of the state immediately upon his qualifying and |
- | Representative | + | entering upon the duties of his office |
- | electors | + | convening the Legislative Assembly of the State at the seat of |
+ | government, on a day to be named in said proclamation, | ||
+ | not be less than fifteen nor more than forty days after the date of | ||
+ | such proclamation. And said Legislative Assembly after organizing | ||
+ | shall proceed to elect two senators | ||
+ | of North Dakota; and at said election the two persons who shall | ||
+ | receive a majority of all the votes cast by the said senators and | ||
+ | representatives shall be elected such United States Senators. And the | ||
+ | presiding officers | ||
+ | each certify the election to the Governor and Secretary of the State | ||
+ | of North Dakota; and the Governor and Secretary of State shall certify | ||
+ | the elections of such senators as provided by law. | ||
- | Sec. 19. It is hereby made the duty of the Legislative Assembly at its first | + | === Section 18. === |
- | session to provide for the payment of all debts and indebtedness authorized to | + | |
- | be incurred by the Constitutional Convention of North Dakota, which shall remain | + | |
- | unpaid after the appropriation made by Congress for the same shall have been | + | |
- | exhausted. | + | |
- | Sec. 20. There shall be submitted at the same election | + | At the election |
- | Constitution is submitted | + | Representative |
- | " | + | the electors |
- | or printed on their ballots "for prohibition," | + | |
- | against said article shall have written or printed on their ballots " | + | |
- | prohibition." | + | |
- | that a majority | + | |
- | prohibition are for prohibition, then said Article 20 shall be and form a part | + | |
- | of this Constitution and be in full force and effect as such from the date of | + | |
- | the admission of this state into the Union. But if a majority of said votes | + | |
- | shall appear according to said returns to be " | + | |
- | Article 20 shall be null and void, and shall not be a part of this Constitution. | + | |
- | Sec. 21. The agreement made by the Joint Commission of the Constitutional | + | === Section 19. === |
- | Conventions of North Dakota aud South Dakota concerning the records, books and | + | |
- | archives of the Territory of Dakota, is hereby ratified and confirmed; which | + | |
- | agreement is in the words following: --That is to say-- | + | |
- | The following books, records and archives of the Territory | + | It is hereby made the duty of the Legislative Assembly at its first |
- | the property of North Dakota, to-wit: All records, books and archives in the | + | session |
- | offices of the Governor and Secretary of the Territory (except records of | + | authorized |
- | Articles of Incorporation of Domestic Corporations, | + | Dakota, which shall remain unpaid after the appropriation made by |
- | Delegates | + | Congress for the same shall have been exhausted. |
- | elections held under the so called Local Option Law, in counties within the | + | |
- | limits | + | |
- | the limits of South Dakota, papers relating to the organization of counties | + | |
- | situate within the limits of South Dakota, | + | |
- | part of the records and archives of said Secretary' | + | |
- | census returns from counties situate within the limits of South Dakota and | + | |
- | papers relating | + | |
- | counties situate within the limits of South Dakota, | + | |
- | records and archives of said Governor' | + | |
- | books and archives | + | |
- | to-wit: | + | |
- | Vouchers in the office or custody of the Auditor of this Territory relating to | + | === Section 20. === |
- | expenditures on account of public institutions, | + | |
- | within the limits of North Dakota. One Warrant Register in the office of the | + | |
- | Treasurer of this territory, being a record of warrants issued under and by | + | |
- | virtue of Chapter 24 of the laws enacted by the Eighteenth Legislative Assembly | + | |
- | of Dakota Territory All letters, receipts and vouchers in the same office now | + | |
- | filed by counties and pertaining to counties within the limits of North Dakota. | + | |
- | Paid and canceled coupons in the same office representing interest on bonds of | + | |
- | South Dakota which said State of North Dakota is to assume and pay. Reports of | + | |
- | gross earnings of the year 1888 in the same office, made by corporations | + | |
- | operating lines of railroads situated wholly or mainly within the limits of | + | |
- | North Dakota. Records and papers of the office of the Public Examiner of the | + | |
- | Second District of the territory. Records and papers of the office of the | + | |
- | District Board of Agriculture. Records and papers in the office of the Board of | + | |
- | Pharmacy of the District of North Dakota. | + | |
- | All records, books and archives of the Territory of Dakota | + | There shall be submitted at the same election at which this |
- | herein agreed | + | Constitution |
- | South Dakota. | + | entitled " |
+ | shall have written or printed on their ballots "for prohibition," | ||
+ | all persons desiring to vote against said article shall have written | ||
+ | or printed on their ballots " | ||
+ | according to the returns herein provided for that a majority | ||
+ | the votes cast at said election for and against prohibition are for | ||
+ | prohibition, then said Article 20 shall be and form a part of this | ||
+ | Constitution and be in full force and effect as such from the date of | ||
+ | the admission of this state into the Union. But if a majority of said | ||
+ | votes shall appear according to said returns to be " | ||
+ | prohibition, | ||
+ | not be a part of this Constitution. | ||
- | The following books shall be copied and the copies shall be the property of | + | === Section 21. === |
- | North Dakota and the cost of such copies shall be borne equally by said States | + | |
- | of North Dakota and South Dakota. That is to say : | + | The agreement made by the Joint Commission of the Constitutional |
+ | Conventions of North Dakota aud South Dakota concerning the records, | ||
+ | books and archives of the Territory of Dakota, is hereby ratified and | ||
+ | confirmed; which agreement is in the words following: --That is to | ||
+ | say-- | ||
+ | |||
+ | The following books, records and archives of the Territory of Dakota | ||
+ | shall be the property of North Dakota, to-wit: All records, books and | ||
+ | archives in the offices of the Governor and Secretary of the Territory | ||
+ | (except records of Articles of Incorporation of Domestic Corporations, | ||
+ | returns of election of Delegates to the Constitutional Convention/ | ||
+ | 1889 for South Dakota, returns of elections held under the so called | ||
+ | Local Option Law, in counties within the limits of South Dakota, bonds | ||
+ | of Notaries Public appointed for counties within the limits of South | ||
+ | Dakota, papers relating to the organization of counties situate within | ||
+ | the limits of South Dakota, all which records and archives are a part | ||
+ | of the records and archives of said Secretary' | ||
+ | also, census returns from counties situate within the limits of South | ||
+ | Dakota and papers relating to requisitions issued upon the application | ||
+ | of officers of counties situate within the limits of South Dakota, all | ||
+ | which are a part of the records and archives of said Governor' | ||
+ | office). And the following records, books and archives shall also be | ||
+ | the property of the State of North Dakota, to-wit: | ||
+ | |||
+ | Vouchers in the office or custody of the Auditor of this Territory | ||
+ | relating to expenditures on account of public institutions, | ||
+ | buildings situate within the limits of North Dakota. One Warrant | ||
+ | Register in the office of the Treasurer of this territory, being a | ||
+ | record of warrants issued under and by virtue of Chapter 24 of the | ||
+ | laws enacted by the Eighteenth Legislative Assembly of Dakota | ||
+ | Territory All letters, receipts and vouchers in the same office now | ||
+ | filed by counties and pertaining to counties within the limits of | ||
+ | North Dakota. Paid and canceled coupons in the same office | ||
+ | representing interest on bonds of South Dakota which said State of | ||
+ | North Dakota is to assume and pay. Reports of gross earnings of the | ||
+ | year 1888 in the same office, made by corporations operating lines of | ||
+ | railroads situated wholly or mainly within the limits of North Dakota. | ||
+ | Records and papers of the office of the Public Examiner of the Second | ||
+ | District of the territory. Records and papers of the office of the | ||
+ | District Board of Agriculture. Records and papers in the office of the | ||
+ | Board of Pharmacy of the District of North Dakota. | ||
+ | |||
+ | All records, books and archives of the Territory of Dakota which it is | ||
+ | not herein agreed shall be the property of North Dakota, shall be the | ||
+ | property of South Dakota. | ||
+ | |||
+ | The following books shall be copied and the copies shall be the | ||
+ | property of North Dakota and the cost of such copies shall be borne | ||
+ | equally by said States of North Dakota and South Dakota. That is to | ||
+ | say : | ||
Appropriation Ledger for years ending November 1889-90 -- one volume. | Appropriation Ledger for years ending November 1889-90 -- one volume. | ||
Line 2188: | Line 2860: | ||
The Auditor' | The Auditor' | ||
- | Insurance Record for 1889—one volume. | + | Insurance Record for 1889 -- one volume. |
Treasurer' | Treasurer' | ||
Line 2198: | Line 2870: | ||
Treasurer' | Treasurer' | ||
- | The originals of the foregoing volumes which are to be copied shall at any time | + | The originals of the foregoing volumes which are to be copied shall at |
- | after such copying shall have been completed, be delivered on demand to the | + | any time after such copying shall have been completed, be delivered on |
- | proper authorities of the State of South Dakota. | + | demand to the proper authorities of the State of South Dakota. |
- | All other records, books and archives which it is hereby agreed shall be the | + | All other records, books and archives which it is hereby agreed shall |
- | property of South Dakota, shall remain at the Capitol of North Dakota until | + | be the property of South Dakota, shall remain at the Capitol of North |
- | demanded by the Legislature of the State of South Dakota and until the State of | + | Dakota until demanded by the Legislature of the State of South Dakota |
- | North Dakota shall have had a reasonable time after such demand is made to | + | and until the State of North Dakota shall have had a reasonable time |
- | provide copies or abstracts of such portions thereof as the said State of North | + | after such demand is made to provide copies or abstracts of such |
- | Dakota may desire to have copies or abstracts of. | + | portions thereof as the said State of North Dakota may desire to have |
+ | copies or abstracts of. | ||
- | The State of South Dakota may also provide copies or abstracts of such records, | + | The State of South Dakota may also provide copies or abstracts of such |
- | books and archives, which it is agreed shall be the property of North Dakota, as | + | records, books and archives, which it is agreed shall be the property |
- | said State of South Dakota shall desire to have copies or abstracts of. | + | of North Dakota, as said State of South Dakota shall desire to have |
+ | copies or abstracts of. | ||
- | The expense of all copies or abstracts of records, books and archives which it | + | The expense of all copies or abstracts of records, books and archives |
- | is herein agreed may be made, shall be borne equally by said two states. | + | which it is herein agreed may be made, shall be borne equally by said |
+ | two states. | ||
- | Sec. 22. Should the counties containing lands which form a part of the grant of | + | === Section |
- | lands made by Congress to the Northern Pacific railroad company be compelled by | + | |
- | law to refund moneys paid for such lands or any of them by purchasers thereof at | + | |
- | tax sales thereof, based upon taxes illegally levied upon -said lands, then and | + | |
- | in that case the State of North Dakota shall appropriate the sum of $25,000, or | + | |
- | so much thereof as may be necessary to reimburse said counties for the amount so | + | |
- | received from said illegal tax sales and paid by said counties into the treasury | + | |
- | of Dakota Territory. | + | |
- | Sec. 23. This Constitution shall after its enrollment be signed | + | Should the counties containing lands which form a part of the grant of |
- | of this Convention and the Chief Clerk thereof | + | lands made by Congress to the Northern Pacific railroad company be |
- | sign the same, whereupon it shall be deposited | + | compelled by law to refund moneys paid for such lands or any of them |
- | the Territory, where it may be signed at any time by any delegate who shall be | + | by purchasers |
- | prevented | + | levied upon -said lands, then and in that case the State of North |
- | of this Convention. | + | Dakota shall appropriate |
+ | be necessary to reimburse said counties for the amount so received | ||
+ | from said illegal tax sales and paid by said counties into the | ||
+ | treasury | ||
- | Sec. 24. In case the territorial officers of the Territory of Dakota, or any of | + | === Section 23. === |
- | them who are now required by law to report to the Governor of the Territory, | + | |
- | annually or biennially, shall prepare and publish such reports covering the | + | |
- | transactions of their offices up to the time of the admission of the State of | + | |
- | North Dakota into the Union, the Legislative Assembly shall make sufficient | + | |
- | appropriations to pay one-half of the cost of such publication. | + | |
- | Sec. 25. The Governor and Secretary | + | This Constitution shall after its enrollment be signed by the |
- | make arrangements for the meeting | + | President |
- | inauguration | + | delegates as desire |
+ | in the office | ||
+ | signed at any time by any delegate who shall be prevented from signing | ||
+ | the same for any reasons at the time of the adjournment of this | ||
+ | Convention. | ||
- | Sec. 26. The Legislative Assembly shall provide for the editing, and for the | + | === Section 24. === |
- | publication, | + | |
- | take effect, and whenever it shall be altered or amended, and shall cause to be | + | |
- | published in the same volume the Declaration of Independence, | + | |
- | of the United States and the Enabling Act. | + | |
- | Done at Bismarck, Dakota, in open Convention, this 17th day of August, A. D. | + | In case the territorial officers of the Territory of Dakota, or any of |
- | 1889. | + | them who are now required by law to report to the Governor of the |
+ | Territory, annually or biennially, shall prepare and publish such | ||
+ | reports covering the transactions of their offices up to the time of | ||
+ | the admission of the State of North Dakota into the Union, the | ||
+ | Legislative Assembly shall make sufficient appropriations to pay | ||
+ | one-half of the cost of such publication. | ||
+ | |||
+ | === Section 25. === | ||
+ | |||
+ | The Governor and Secretary of the Territory are hereby authorized to | ||
+ | make arrangements for the meeting of the first Legislative Assembly, | ||
+ | and the inauguration of the State government. | ||
+ | |||
+ | === Section 26. === | ||
+ | |||
+ | The Legislative Assembly shall provide for the editing, and for the | ||
+ | publication, | ||
+ | as it shall take effect, and whenever it shall be altered or amended, | ||
+ | and shall cause to be published in the same volume the Declaration of | ||
+ | Independence, | ||
+ | Act. | ||
+ | |||
+ | Done at Bismarck, Dakota, in open Convention, this 17th day of August, | ||
+ | A. D. 1889. | ||
John G. Hamilton, F. B. Fancher, | John G. Hamilton, F. B. Fancher, | ||
Chief Clerk. President. | Chief Clerk. President. | ||
+ | |||
date/1889-11-02.1595967438.txt.gz · Last modified: 2020/07/28 20:17 by jet