Differences

This shows you the differences between two versions of the page.

--- enabling_act [2019/01/08 18:42] – created justice
+++ enabling_act [2020/07/12 03:21] (current) – jet
@@ Line 1: / Line 1: @@
 ====== The Enabling Act ======
-===== (Act of February 22, 1889, Ch. 180, 25 Statutes at Large 676.) =====
+([[https://www.loc.gov/law/help/statutes-at-large/50th-congress/session-2/c50s2ch180.pdf|Act of February 22, 1889, Ch. 180, 25 Statutes at Large 676.]])
-An act to provide for the division of Dakota into two states, and to enable the people of North
+An act to provide for the division of Dakota into two states, and to enable the
-Dakota, South Dakota, Montana, and Washington to form constitutions and state governments,
+people of North Dakota, South Dakota, Montana, and Washington to form
-and to be admitted into the union on an equal footing with the original states, and to make
+constitutions and state governments, and to be admitted into the union on an
-donations of public lands to such states.
+equal footing with the original states, and to make donations of public lands
+to such states.
-Be it enacted by the senate and house of representatives of the United States of America in
+Be it enacted by the senate and house of representatives of the United States
-Congress assembled, that the inhabitants of all that part of the area of the United States now
+of America in Congress assembled, that the inhabitants of all that part of the
-constituting the territories of Dakota, Montana, and Washington, as at present described, may
+area of the United States now constituting the territories of Dakota, Montana,
-become the states of North Dakota, South Dakota, Montana, and Washington respectively, as
+and Washington, as at present described, may become the states of North Dakota,
-hereinafter provided.
+South Dakota, Montana, and Washington respectively, as hereinafter provided.
-§ 2. The area comprising the territory of Dakota shall, for the purposes of this act, be divided
+===== Section 2. =====
-on the line of the seventh standard parallel produced due west to the western boundary of said
+The area comprising the territory of Dakota shall, for the purposes
-territory; and the delegates elected as hereinafter provided to the constitutional convention in
+of this act, be divided on the line of the seventh standard parallel produced
-districts north of said parallel shall assemble in convention, at the time prescribed in this act, at
+due west to the western boundary of said territory; and the delegates elected
-the city of Bismarck; and the delegates elected in districts south of said parallel shall, at the
+as hereinafter provided to the constitutional convention in districts north of
-same time, assemble in convention at the city of Sioux Falls.
+said parallel shall assemble in convention, at the time prescribed in this act,
+at the city of Bismarck; and the delegates elected in districts south of said
+parallel shall, at the same time, assemble in convention at the city of Sioux
+Falls.
-§ 3. That all persons who are qualified by the laws of said territories to vote for representatives
+===== Section 3. =====
-to the legislative assemblies thereof, are hereby authorized to vote for and choose delegates
+That all persons who are qualified by the laws of said territories
-to form conventions in said proposed states; and the qualifications for delegates to such
+to vote for representatives to the legislative assemblies thereof, are hereby
-conventions shall be such as by the laws of said territories, respectively, persons, are required
+authorized to vote for and choose delegates to form conventions in said
-to possess to be eligible to the legislative assemblies thereof, and the aforesaid delegates to
+proposed states; and the qualifications for delegates to such conventions shall
-form said conventions shall be apportioned within the limits of the proposed states, in such
+be such as by the laws of said territories, respectively, persons, are required
-districts as may be established as herein provided, in proportion to the population in each of
+to possess to be eligible to the legislative assemblies thereof, and the
-said counties and districts, as near as may be, to be ascertained at the time of making said
+aforesaid delegates to form said conventions shall be apportioned within the
-apportionments by the persons hereinafter authorized to make the same, from the best
+limits of the proposed states, in such districts as may be established as
-information obtainable, in each of which districts three delegates shall be elected, but no
+herein provided, in proportion to the population in each of said counties and
-elector shall vote for more than two persons for delegates to such conventions; that said
+districts, as near as may be, to be ascertained at the time of making said
-apportionments shall be made by the Governor, the chief justice and the secretary of said
+apportionments by the persons hereinafter authorized to make the same, from the
-territories; and the governors of said territories shall, by proclamation, order an election of the
+best information obtainable, in each of which districts three delegates shall
-delegates aforesaid in each of said proposed states, to be held on the Tuesday after the
+be elected, but no elector shall vote for more than two persons for delegates
-second Monday in May, 1889, which proclamation shall be issued on the fifteenth day of April
+to such conventions; that said apportionments shall be made by the Governor,
-; and such election shall be conducted, the returns made, the result ascertained and the
+the chief justice and the secretary of said territories; and the governors of
-certificates to persons elected to such conventions issued in the same manner as is prescribed
+said territories shall, by proclamation, order an election of the delegates
-by the laws of the said territories regulating elections therein for delegates to Congress; and
+aforesaid in each of said proposed states, to be held on the Tuesday after the
-the number of votes cast for delegates in each precinct shall also be returned. The number of
+second Monday in May, 1889, which proclamation shall be issued on the fifteenth
-delegates to said conventions respectively, shall be seventy-five; and all persons resident in
+day of April 1889; and such election shall be conducted, the returns made, the
-said proposed states, who are qualified voters of said territories as herein provided, shall be
+result ascertained and the certificates to persons elected to such conventions
-entitled to vote upon the election of delegates, and under such rules and regulations as said
+issued in the same manner as is prescribed by the laws of the said territories
-conventions may prescribe, not in conflict with this act, upon the ratification or rejection of the
+regulating elections therein for delegates to Congress; and the number of votes
-constitutions.
+cast for delegates in each precinct shall also be returned. The number of
+delegates to said conventions respectively, shall be seventy-five; and all
+persons resident in said proposed states, who are qualified voters of said
+territories as herein provided, shall be entitled to vote upon the election of
+delegates, and under such rules and regulations as said conventions may
+prescribe, not in conflict with this act, upon the ratification or rejection of
+the constitutions.
-§ 4. That the delegates to the conventions elected as provided for in this act shall meet at the
+===== Section 4. =====
-seat of government of each of said territories, except the delegates elected in South Dakota,
+That the delegates to the conventions elected as provided for in
-who   shall   meet   at   the  city  of   Sioux   Falls,   on   the   fourth   day  of   July,   1889,   and,   after
+this act shall meet at the seat of government of each of said territories,
-organization, shall declare on behalf of the people of said proposed states, that they adopt the
+except the delegates elected in South Dakota, who shall meet at the city of
-Constitution of the United States; whereupon the said conventions shall be, and are hereby
+Sioux Falls, on the fourth day of July, 1889, and, after organization, shall
-authorized to form constitutions and state governments for said proposed states, respectively.
+declare on behalf of the people of said proposed states, that they adopt the
-The Constitution shall be republican in form, and make no distinction in civil or political rights
+Constitution of the United States; whereupon the said conventions shall be, and
-on account of race or color, except as to Indians not taxed, and not be repugnant to the
+are hereby authorized to form constitutions and state governments for said
-Constitution of the United States and the principles of the Declaration of Independence. And
+proposed states, respectively.  The Constitution shall be republican in form,
-said convention shall provide by ordinances irrevocable without the consent of the United
+and make no distinction in civil or political rights on account of race or
-States and the people of said states:
+color, except as to Indians not taxed, and not be repugnant to the Constitution
-First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of
+of the United States and the principles of the Declaration of Independence. And
-said states shall ever be molested in person or property on account of his or her mode of
+said convention shall provide by ordinances irrevocable without the consent of
-religious worship.
+the United States and the people of said states:
-Second. That the people inhabiting said proposed states do agree and declare that they
-forever disclaim all right and title to the unappropriated public lands lying within the boundaries
+First. That perfect toleration of religious sentiment shall be secured, and
-thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes;
+that no inhabitant of said states shall ever be molested in person or property
-and that until the title thereto shall have been extinguished by the United States, the same
+on account of his or her mode of religious worship.
-shall be and remain subject to the disposition of the United States, and said Indian lands shall
-remain under the absolute jurisdiction and control of the Congress of the United States; that
+Second. That the people inhabiting said proposed states do agree and declare
-the lands belonging to citizens of the United States residing without the said states shall never
+that they forever disclaim all right and title to the unappropriated public
-be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be
+lands lying within the boundaries thereof, and to all lands lying within said
-imposed by the states on lands or property therein belonging to or which may hereafter be
+limits owned or held by any Indian or Indian tribes; and that until the title
-purchased by the United States or reserved for its use. But nothing herein, or in the ordinances
+thereto shall have been extinguished by the United States, the same shall be
-herein provided for, shall preclude the said states from taxing as other lands are taxed any
+and remain subject to the disposition of the United States, and said Indian
-lands owned or held by any Indian who has severed his tribal relations, and has obtained from
+lands shall remain under the absolute jurisdiction and control of the Congress
-the United States or from any person a title thereto by patent or other grant, save and except
+of the United States; that the lands belonging to citizens of the United States
-such lands as have been or may be granted to any Indian or Indians under any act of
+residing without the said states shall never be taxed at a higher rate than the
-Congress containing a provision exempting the lands thus granted from taxation; but said
+lands belonging to residents thereof; that no taxes shall be imposed by the
-ordinances shall provide that all such lands shall be exempt from taxation by said states so
+states on lands or property therein belonging to or which may hereafter be
-long and to such extent as such act of Congress may prescribe.
+purchased by the United States or reserved for its use. But nothing herein, or
-Third. That the debts and liabilities of said territories shall be assumed and paid by said states,
+in the ordinances herein provided for, shall preclude the said states from
-respectively.
+taxing as other lands are taxed any lands owned or held by any Indian who has
-Fourth. That provision shall be made for the establishment and maintenance of systems of
+severed his tribal relations, and has obtained from the United States or from
-public schools, which shall be open to all the children of said states, and free from sectarian
+any person a title thereto by patent or other grant, save and except such lands
-control.
+as have been or may be granted to any Indian or Indians under any act of
-Indian Lands.
+Congress containing a provision exempting the lands thus granted from taxation;
--Federal Jurisdiction and Control.
+but said ordinances shall provide that all such lands shall be exempt from
-Since jurisdiction and control of Indian lands remains in the United States under section 4 of
+taxation by said states so long and to such extent as such act of Congress may
-the Enabling Act, congress could enact an act making criminal the introduction of intoxicating
+prescribe.
-liquor upon an allotment within the limits of an Indian reservation. United States v. Sutton,
+Third. That the debts and liabilities of said territories shall be assumed and
-U.S. 291, 30 S. Ct. 116, 54 L. Ed. 200 (1909).
+paid by said states, respectively.
-Lands within South Dakota which were formerly a part of an Indian reservation and not
-restored to the public domain and open to settlement, but held by an Indian allottee under a
+Fourth. That provision shall be made for the establishment and maintenance of
-trust patent, are Indian lands over which the United States has exclusive jurisdiction. Ex Parte
+systems of public schools, which shall be open to all the children of said
-Van Moore, 221 F. 954 (D. S.D. 1915).
+states, and free from sectarian control.
-Under the Enabling Act and the disclaimer provision in the Constitution of South Dakota, not
-only lands, but all other property issued by the United States government to Indian allottees for
+<WRAP center round box 60%>
-use thereon, remained subject to federal control until Congress relinquished the trust. United
-States v. Pearson, 231 F. 270 (D.S.D. 1916).
+=== Indian Lands. ===
-Page No.
+== -Federal Jurisdiction and Control. ==
-Whether Indian pantentees of land in a reservation, created by Indian treaty, took to high or
-low watermark of a lake was not a question of state law. Montana Power Co. v. Rochester,
+Since jurisdiction and control of Indian lands remains in the United States
+under section 4 of the Enabling Act, congress could enact an act making
-F.2d 189 (9th Cir. 1942).
+criminal the introduction of intoxicating liquor upon an allotment within the
--Jurisdiction of State.
+limits of an Indian reservation. United States v. Sutton, [[https://courtlistener.com/c/U.S./215/291/|215 U.S. 291]], 30 S.Ct. 116, 54 L. Ed.  200 (1909).
-The compact between the United States and North Dakota created by section 4 of the
-Enabling Act and art. XIII, § 1 of the state Constitution did not reserve to the United States
+Lands within South Dakota which were formerly a part of an Indian reservation
-exclusive jurisdiction of civil causes of action not involving lands, between Indians residing on
+and not restored to the public domain and open to settlement, but held by an
-reservations. Vermilion v. Spotted Elk, 85 N.W.2d 432 (N.D. 1957).
+Indian allottee under a trust patent, are Indian lands over which the United
--Voting Rights of Indians.
+States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. 1915).
-It was the duty of county commissioners to establish a voting precinct within or for a territory
-situated within the county limits and also within the limits of an Indian reservation, where the
+Under the Enabling Act and the disclaimer provision in the Constitution of
-territory had, under an act of Congress, been allotted to certain Indians and they were living
+South Dakota, not only lands, but all other property issued by the United
-upon the allotments and farming the same. State ex rel. Tompton v. Denoyer, 6 N.D. 586,
+States government to Indian allottees for use thereon, remained subject to
+federal control until Congress relinquished the trust. United States v.
-N.W. 1014 (1897).
+Pearson, 231 F. 270 (D.S.D. 1916).
-Schools and School Districts
-An act of the territorial legislature organizing an independent school district was subject to
+Whether Indian pantentees of land in a reservation, created by Indian treaty,
-amendment by the state legislature. Jones v. Brightwood Indep. Sch. Dist., 63 N.D. 275,
+took to high or low watermark of a lake was not a question of state law.
+Montana Power Co. v. Rochester, [[https://courtlistener.com/c/F.2d/127/189/|127 F.2d 189]] (9th Cir. 1942).
-N.W. 884 (1933).
-State Political and Governmental Control.
+== -Jurisdiction of State. ==
-Section 4, subdivision 2, of the Enabling Act and the compact embraced in art. XIII, § 1 of the
-state Constitution, vested in the state all jurisdiction not expressly reserved in the Congress of
+The compact between the United States and North Dakota created by section 4 of
-the United States, over certain territory embraced in what is known as the Ft. Berthold Indian
+the Enabling Act and art. XIII, sec. 1 of the state Constitution did not
-reservation. State ex rel. Baker v. Mountrail County, 28 N.D. 389, 149 N.W. 120 (1914).
+reserve to the United States exclusive jurisdiction of civil causes of action
-The state may rightfully exercise political and governmental control over lands formerly within a
+not involving lands, between Indians residing on reservations. Vermilion v.
-military reservation and reserved by the United States for Indian school and Indian agency
+Spotted Elk, [[https://links.casemakerlegal.com/docid/3777337?bookname=public_url&ci=95|85 N.W.2d 432]] (N.D. 1957).
-purposes, to the extent of including them within its political subdivisions for political and
-governmental purposes. La Duke v. Melin, 45 N.D. 349, 177 N.W. 673 (1920).
+== -Voting Rights of Indians. ==
-Unappropriated Public Lands.
-The beds of navigable streams are not "unappropriated public lands" included within the
+It was the duty of county commissioners to establish a voting precinct within
-disclaimer of title contained in section 4 of the Enabling Act. State v. Loy, 74 N.D. 182,
+or for a territory situated within the county limits and also within the limits
+of an Indian reservation, where the territory had, under an act of Congress,
-N.W.2d 668 (1945).
+been allotted to certain Indians and they were living upon the allotments and
-§ 5. That the convention which shall assemble at Bismarck shall form a Constitution and state
+farming the same. State ex rel.  Tompton v. Denoyer, [[https://links.casemakerlegal.com/docid/3777338?bookname=public_url&ci=95|6 N.D. 586]], 72 N.W. 1014
-government for a state to be known as North Dakota, and the convention which shall assemble
+(1897).
-at Sioux Falls shall form a Constitution and state government for a state to be known as South
-Dakota; provided, that at the election for delegates to the constitutional convention in South
+== Schools and School Districts ==
-Dakota, as hereinbefore provided, each elector may have written or printed on his ballot, the
-words, "For the Sioux Falls Constitution," or the words, "Against the Sioux Falls Constitution,"
+An act of the territorial legislature organizing an independent school district
-and the votes on this question shall be returned and canvassed in the same manner as for the
+was subject to amendment by the state legislature. Jones v. Brightwood Indep.
-election provided for in section 3 of this act; and if a majority of all votes cast on this question
+Sch. Dist., [[https://links.casemakerlegal.com/docid/3777341?bookname=public_url&ci=95|63 N.D. 275]], 247 N.W. 884 (1933).
-shall be "For the Sioux Falls Constitution," it shall be the duty of the convention which may
-assemble at Sioux Falls, as herein provided, to resubmit to the people of South Dakota, for
+== State Political and Governmental Control. ==
-Page No.
+Section 4, subdivision 2, of the Enabling Act and the compact embraced in art.
-ratification or rejection, at the election hereinafter provided for in this act, the Constitution
+XIII, sec. 1 of the state Constitution, vested in the state all jurisdiction
-framed at Sioux Falls, and adopted November 3, 1885, and also the articles and propositions
+not expressly reserved in the Congress of the United States, over certain
-separately submitted at that election, including the question of locating the temporary seat of
+territory embraced in what is known as the Ft. Berthold Indian reservation.
-government, with such changes only as relate to the name and boundary of the proposed
+State ex rel. Baker v. Mountrail County, [[https://links.casemakerlegal.com/docid/3777342?bookname=public_url&ci=95|28 N.D. 389]], 149 N.W. 120 (1914).
-state, to the reapportionment of the judicial and legislative districts, and such amendments as
-may be necessary in order to comply with the provisions of this act; and if a majority of the
+The state may rightfully exercise political and governmental control over lands
-votes cast on the ratification or rejection of the Constitution shall be for the Constitution
+formerly within a military reservation and reserved by the United States for
-irrespective of the article separately submitted, the state of South Dakota shall be admitted as
+Indian school and Indian agency purposes, to the extent of including them
-a state in the union under said Constitution as hereinafter provided; but the archives, records
+within its political subdivisions for political and governmental purposes. La
-and books of the territory of Dakota shall remain at Bismarck, the capital of North Dakota, until
+Duke v. Melin, [[https://links.casemakerlegal.com/docid/3777343?bookname=public_url&ci=95|45 N.D. 349]], 177 N.W. 673 (1920).
-an agreement in reference thereto is reached by said states. But if at the election for delegates
-to the constitutional convention in South Dakota a majority of all that votes cast at that election
+== Unappropriated Public Lands. ==
-shall be "Against the Sioux Falls Constitution," then, and in that event, it shall be the duty of
-the convention which will assemble at the city of Sioux Falls on the fourth day of July, 1889, to
+The beds of navigable streams are not "unappropriated public lands" included
-proceed to form a Constitution and state government as provided in this act the same as if that
+within the disclaimer of title contained in section 4 of the Enabling Act.
-question had not been submitted to a vote of the people of South Dakota.
+State v. Loy, [[https://links.casemakerlegal.com/docid/1661851?bookname=public_url&ci=95|74 N.D. 182]], 20 N.W.2d 668 (1945).
-§ 6. It shall be the duty of the constitutional conventions of North Dakota and South Dakota to
+</WRAP>
-appoint   a   joint   commission,   to   be   composed   of   not   less   than   three   members   to   each
-convention, whose duty it shall be to assemble at Bismarck, the present seat of government of
+Section 5. That the convention which shall assemble at Bismarck shall form a
-said territory, and agree upon an equitable division of all property belonging to the territory of
+Constitution and state government for a state to be known as North Dakota, and
-Dakota, the disposition of all public records, and also adjust and agree upon the amount of the
+the convention which shall assemble at Sioux Falls shall form a Constitution
-debts and liabilities of the territory, which shall be assumed and paid by each of the proposed
+and state government for a state to be known as South Dakota; provided, that at
-states of North Dakota and South Dakota; and the agreement reached respecting the territorial
+the election for delegates to the constitutional convention in South Dakota, as
-debts and liabilities shall be incorporated into the respective Constitutions, and each of said
+hereinbefore provided, each elector may have written or printed on his ballot,
-states shall obligate itself to pay its proportion of such debts and liabilities the same as if they
+the words, "For the Sioux Falls Constitution," or the words, "Against the Sioux
+Falls Constitution," and the votes on this question shall be returned and
+canvassed in the same manner as for the election provided for in section 3 of
+this act; and if a majority of all votes cast on this question shall be "For
+the Sioux Falls Constitution," it shall be the duty of the convention which may
+assemble at Sioux Falls, as herein provided, to resubmit to the people of South
+Dakota, for ratification or rejection, at the election hereinafter provided for
+in this act, the Constitution framed at Sioux Falls, and adopted November 3,
+, and also the articles and propositions separately submitted at that
+election, including the question of locating the temporary seat of government,
+with such changes only as relate to the name and boundary of the proposed
+state, to the reapportionment of the judicial and legislative districts, and
+such amendments as may be necessary in order to comply with the provisions of
+this act; and if a majority of the votes cast on the ratification or rejection
+of the Constitution shall be for the Constitution irrespective of the article
+separately submitted, the state of South Dakota shall be admitted as a state in
+the union under said Constitution as hereinafter provided; but the archives,
+records and books of the territory of Dakota shall remain at Bismarck, the
+capital of North Dakota, until an agreement in reference thereto is reached by
+said states. But if at the election for delegates to the constitutional
+convention in South Dakota a majority of all that votes cast at that election
+shall be "Against the Sioux Falls Constitution," then, and in that event, it
+shall be the duty of the convention which will assemble at the city of Sioux
+Falls on the fourth day of July, 1889, to proceed to form a Constitution and
+state government as provided in this act the same as if that question had not
+been submitted to a vote of the people of South Dakota.
+===== Section 6. =====
+It shall be the duty of the constitutional conventions of North
+Dakota and South Dakota to appoint a joint commission, to be composed of not
+less than three members to each convention, whose duty it shall be to assemble
+at Bismarck, the present seat of government of said territory, and agree upon
+an equitable division of all property belonging to the territory of Dakota, the
+disposition of all public records, and also adjust and agree upon the amount of
+the debts and liabilities of the territory, which shall be assumed and paid by
+each of the proposed states of North Dakota and South Dakota; and the agreement
+reached respecting the territorial debts and liabilities shall be incorporated
+into the respective Constitutions, and each of said states shall obligate
+itself to pay its proportion of such debts and liabilities the same as if they
 had been created by such states respectively.
-§ 7. If the Constitutions formed for both North Dakota and South Dakota shall be rejected by
-the people at the elections for the ratification or rejection of their respective Constitutions as
+===== Section 7. =====
-provided for in this act, the territorial government of Dakota shall continue in existence the
+If the Constitutions formed for both North Dakota and South Dakota
-same as if this act had not been passed. But if the Constitution formed for either North Dakota
+shall be rejected by the people at the elections for the ratification or
-or South Dakota shall be rejected by the people, that part of the territory so rejecting its
+rejection of their respective Constitutions as provided for in this act, the
-proposed Constitution shall continue under the territorial government of the present territory of
+territorial government of Dakota shall continue in existence the same as if
-Dakota, but shall, after the state adopting its Constitution is admitted into the union, be called
+this act had not been passed. But if the Constitution formed for either North
-by the name of the territory of North Dakota or South Dakota, as the case may be; provided,
+Dakota or South Dakota shall be rejected by the people, that part of the
-that if either of the proposed states provided for in this act shall reject the Constitution which
+territory so rejecting its proposed Constitution shall continue under the
-may be submitted for ratification or rejection at the election provided therefor, the Governor of
+territorial government of the present territory of Dakota, but shall, after the
-the territory in which such proposed Constitution was rejected shall issue his proclamation
+state adopting its Constitution is admitted into the union, be called by the
-reconvening the delegates ejected to the convention which formed such rejected Constitution,
+name of the territory of North Dakota or South Dakota, as the case may be;
-fixing the time and place at which said delegates shall assemble; and when so assembled they
+provided, that if either of the proposed states provided for in this act shall
-shall proceed to form another Constitution or to amend the rejected Constitution, and shall
+reject the Constitution which may be submitted for ratification or rejection at
-submit such new Constitution or amended Constitution to the people of the proposed state for
+the election provided therefor, the Governor of the territory in which such
-ratification or rejection, at such time as said convention may determine; and all the provisions
+proposed Constitution was rejected shall issue his proclamation reconvening the
-of this act, so far as applicable, shall apply to such convention so reassembled and to the
+delegates ejected to the convention which formed such rejected Constitution,
-Constitution which may be formed, its ratification or rejection, and to the admission of the
+fixing the time and place at which said delegates shall assemble; and when so
-proposed state.
+assembled they shall proceed to form another Constitution or to amend the
-§ 8. That the constitutional convention which may assemble in South Dakota shall provide by
+rejected Constitution, and shall submit such new Constitution or amended
-ordinance for resubmitting the Sioux Falls Constitution of 1885, after having amended the
+Constitution to the people of the proposed state for ratification or rejection,
-same as provided in section 5 of this act, to the people of South Dakota for ratification or
+at such time as said convention may determine; and all the provisions of this
-rejection at an election to be held therein on the first Tuesday in October, 1889; but if said
+act, so far as applicable, shall apply to such convention so reassembled and to
-constitutional convention is authorized and required to form a new Constitution for South
+the Constitution which may be formed, its ratification or rejection, and to the
-Page No.
+admission of the proposed state.
-Dakota, it shall provide for submitting the same in like manner to the people of South Dakota
+===== Section 8. =====
-for ratification or rejection, at an election to be held in said proposed state on the said first
+That the constitutional convention which may assemble in South
-Tuesday in October. And the Constitutional conventions which may assemble in North Dakota,
+Dakota shall provide by ordinance for resubmitting the Sioux Falls Constitution
-Montana, and Washington, shall provide in like manner for submitting the Constitutions formed
+of 1885, after having amended the same as provided in section 5 of this act, to
-by them to the people of said proposed states respectively, for ratification or rejection, at
+the people of South Dakota for ratification or rejection at an election to be
-elections to be held in said proposed states on the first Tuesday in October. At the elections
+held therein on the first Tuesday in October, 1889; but if said constitutional
-provided for in this section the qualified voters of said proposed states shall vote directly for or
+convention is authorized and required to form a new Constitution for South
-against the proposed Constitutions, and for or against any articles or propositions separately
+Dakota, it shall provide for submitting the same in like manner to the people
-submitted. The returns of said elections shall be made to the secretary of each of said
+of South Dakota for ratification or rejection, at an election to be held in
-territories, who, with the Governor and chief justice thereof, or any two of them, shall canvass
+said proposed state on the said first Tuesday in October. And the
-the same; and if a majority of the legal votes cast shall be for the Constitution, the Governor
+Constitutional conventions which may assemble in North Dakota, Montana, and
-shall certify the result to the president of the United States, together with a statement of the
+Washington, shall provide in like manner for submitting the Constitutions
-votes cast  thereon and  upon  separate  articles or  propositions,  and  a  copy of  the  said
+formed by them to the people of said proposed states respectively, for
-Constitution, articles, propositions, and ordinances. And if the Constitutions and governments,
+ratification or rejection, at elections to be held in said proposed states on
-of said proposed states are republican in form, and if all the provisions of this act have been
+the first Tuesday in October. At the elections provided for in this section the
-complied with in the formation thereof, it shall be the duty of the president of the United States
+qualified voters of said proposed states shall vote directly for or against the
-to issue his proclamation announcing the result of the election in each, and thereupon the
+proposed Constitutions, and for or against any articles or propositions
-proposed states which have adopted Constitutions and formed state governments, as herein
+separately submitted. The returns of said elections shall be made to the
-provided, shall be deemed admitted by congress into the union, under and by virtue of this act,
+secretary of each of said territories, who, with the Governor and chief justice
-on an equal footing with the original states from and after the state of said proclamation.
+thereof, or any two of them, shall canvass the same; and if a majority of the
-Adoption of Article
+legal votes cast shall be for the Constitution, the Governor shall certify the
-An article of the Constitution which received a majority of all the votes cast upon the question
+result to the president of the United States, together with a statement of the
-of its adoption and upon the question of the adoption of the Constitution was legally adopted
+votes cast thereon and upon separate articles or propositions, and a copy of
-though it failed to receive a majority of votes cast for governor. State ex rel. Larabee v. Barnes,
+the said Constitution, articles, propositions, and ordinances. And if the
-N.D. 319, 55 N.W. 883 (1893).
+Constitutions and governments, of said proposed states are republican in form,
-§ 9. That until the next general census, or until otherwise provided by law, said states shall be
+and if all the provisions of this act have been complied with in the formation
-entitled to one representative in the house of representatives to the fifty-first Congress,
+thereof, it shall be the duty of the president of the United States to issue
-together with the Governors and other officers provided for in said Constitutions, may be
+his proclamation announcing the result of the election in each, and thereupon
-elected on the same day of the election for the ratification or rejection of the Constitutions; and
+the proposed states which have adopted Constitutions and formed state
-until said state officers are elected and qualified under the provisions of each Constitution and
+governments, as herein provided, shall be deemed admitted by congress into the
-the states, respectively, are admitted into the union, the territorial officers shall continue to
+union, under and by virtue of this act, on an equal footing with the original
-discharge the duties of their respective offices in each of said territories.
+states from and after the state of said proclamation.
-§ 10. That upon the admission of each of said states into the union, sections numbered sixteen
-and thirty-six in every township of said proposed states, and where such sections, or any parts
+<WRAP center round box 60%>
-thereof, have been sold or otherwise disposed of by or under the authority of any act of
-Congress, other lands equivalent thereto, in legal subdivisions of not less than one-quarter
+== Adoption of Article ==
-section, and as contiguous as may be to the section in lieu of which the same is taken, are
-hereby granted to said states for the support of common schools, such indemnity lands to be
+An article of the Constitution which received a majority of all the votes cast
-selected within said states in such manner as the Legislature may provide, with the approval of
+upon the question of its adoption and upon the question of the adoption of the
-the secretary of the interior; provided, that the sixteenth and thirty-sixth sections embraced in
+Constitution was legally adopted though it failed to receive a majority of
-permanent reservations for national purposes shall not, at any time, be subject to the grant nor
+votes cast for governor. State ex rel. Larabee v. Barnes, [[https://links.casemakerlegal.com/docid/3777349?bookname=public_url&ci=95|3 N.D. 319]], 55 N.W.
-to the indemnity provisions of this act, nor shall any lands embraced in Indian, military or other
+(1893).
-reservations of any character, be subject to the grants or to the indemnity provisions of this act
+</WRAP>
-until the reservation shall have been extinguished and such lands be restored to, and become
-a part of, the public domain.
+===== Section 9. =====
-Bankruptcy Act Proceedings.
+That until the next general census, or until otherwise provided by
-Page No.
+law, said states shall be entitled to one representative in the house of
+representatives to the fifty-first Congress, together with the Governors and
-The fact that land being sold under contract to a bankrupt farmer was a part of the trust funds
+other officers provided for in said Constitutions, may be elected on the same
-created by the Enabling Act did not exclude the land from administration under Bankruptcy Act
+day of the election for the ratification or rejection of the Constitutions; and
-proceedings. North Dakota v. Hegstad, 134 F.2d 598 (8th Cir. 1943).
+until said state officers are elected and qualified under the provisions of
-A bankrupt whose land is sold to the state on foreclosure of a mortgage securing a loan of
+each Constitution and the states, respectively, are admitted into the union,
-permanent school funds may redeem by payment of the value of the land as fixed under the
+the territorial officers shall continue to discharge the duties of their
-provisions of the Federal Bankruptcy Act, even though for less than the amount required for
+respective offices in each of said territories.
-redemption under state law. North Dakota v. Towner County, 142 F.2d 48 (8th Cir. 1944).
-Permanent School Fund.
+===== Section 10. =====
-The entire grant of land to the state for educational purposes was in trust and the express
+That upon the admission of each of said states into the union,
-terms of the grant required the state as trustee to maintain the permanency of the funds
+sections numbered sixteen and thirty-six in every township of said proposed
-acquired through the grant. The state is limited to the use of the interest from the permanent
+states, and where such sections, or any parts thereof, have been sold or
-fund and the interest shall be used only for the support of schools. State ex rel. Bd. Of Univ. &
+otherwise disposed of by or under the authority of any act of Congress, other
-Sch. Lands v. McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, Lang v. City of
+lands equivalent thereto, in legal subdivisions of not less than one-quarter
-Cavalier, 59 N.D. 75, 228 N.W. 819 (1930).
+section, and as contiguous as may be to the section in lieu of which the same
-The assembly cannot divert nor authorize diversion of any part of the principal or interest or
+is taken, are hereby granted to said states for the support of common schools,
-income from the investment of funds under the control of the board of university and school
+such indemnity lands to be selected within said states in such manner as the
-lands arising from the rental or sale of lands granted by the United States to any purposes
+Legislature may provide, with the approval of the secretary of the interior;
-other than those for which grants were made and any diversion to other purposes or any
+provided, that the sixteenth and thirty-sixth sections embraced in permanent
-donation thereof in aid of an individual, by the assembly directly, or by the board of university
+reservations for national purposes shall not, at any time, be subject to the
-and school lands by legislative enactment is unconstitutional. State ex rel. Sathre v. Board of
+grant nor to the indemnity provisions of this act, nor shall any lands embraced
-Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935).
+in Indian, military or other reservations of any character, be subject to the
-§  11.  That   all  lands  granted  by  this act  shall be  disposed of  only  at  public  sale  after
+grants or to the indemnity provisions of this act until the reservation shall
-advertising
+have been extinguished and such lands be restored to, and become a part of, the
-- tillable lands capable of producing agricultural crops for not less than $10 per acre
+public domain.
-and lands principally valuable for grazing purposes for not less than $5 per acre. Any of the
-said lands may be exchanged for other lands, public or private, or equal value and as near as
+<WRAP center round box 60%>
-may be of equal area, but if any of the said lands are exchanged with the United States such
-exchange shall be limited to Federal lands that are surveyed, nonmineral, unreserved public
+== Bankruptcy Act Proceedings. ==
-lands within the state or are reserved public lands within the State that are subject to exchange
-under the laws governing the administration of such Federal reserved public lands.
+The fact that land being sold under contract to a bankrupt farmer was a part of
-All exchanges heretofore made under section 11 of the Act approved February 22, 1889
+the trust funds created by the Enabling Act did not exclude the land from
-(25
+administration under Bankruptcy Act proceedings. North Dakota v. Hegstad, 134
-Stat. 676), as amended by the Act approved May 7, 1932 (47 Stat. 150), for reserved
+F.2d 598 (8th Cir. 1943).
-public lands of the United States that were subject to exchange under law pursuant to which
-they were being administered and the requirements thereof have been met, are hereby
+A bankrupt whose land is sold to the state on foreclosure of a mortgage
-approved to the same extent as though the lands exchanged were unreserved public lands.
+securing a loan of permanent school funds may redeem by payment of the value of
-The said lands may be leased under such regulations as the legislature may prescribe.
+the land as fixed under the provisions of the Federal Bankruptcy Act, even
-The state may also, upon such terms as it may prescribe, grant such easements or rights in
+though for less than the amount required for redemption under state law. North
-any of the lands granted by this act, as may be acquired in privately owned lands through
+Dakota v. Towner County, 142 F.2d 48 (8th Cir. 1944).
-proceedings in eminent domain: provided, however, that none of such lands, nor any estate or
-interest therein, shall ever be disposed of except in pursuance of general laws providing for
+== Permanent School Fund. ==
-such disposition, nor unless the full market value of the estate or interest disposed of, to be
-ascertained in such manner as may be provided by law, has been paid or safely secured to the
+The entire grant of land to the state for educational purposes was in trust and
-state.
+the express terms of the grant required the state as trustee to maintain the
-With the exception of the lands granted for public buildings, the proceeds from the sale and
+permanency of the funds acquired through the grant. The state is limited to the
-other permanent disposition of any of the said lands and from every part thereof, shall
+use of the interest from the permanent fund and the interest shall be used only
-constitute permanent funds for the support and maintenance of the public schools and the
+for the support of schools.
-Page No.
+State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan,
+[[https://links.casemakerlegal.com/docid/2530415?bookname=public_url&ci=95|12 N.D. 280]], 96 N.W. 310 (1903), distinguished,
-various state institutions for which the lands have been granted. Rentals on leased land,
+Lang v. City of Cavalier, [[https://links.casemakerlegal.com/docid/1083924?bookname=public_url&ci=95|59 N.D. 75]], 228 N.W. 819 (1930).
-proceeds from the sale of timber and other crops, interest on deferred payments on land sold,
-interest on funds arising from these lands, and all other actual income, shall be available for
+The assembly cannot divert nor authorize diversion of any part of the principal
-the acquisition and construction of facilities, including the retirement of bonds authorized by
+or interest or income from the investment of funds under the control of the
-law for such purposes, and for the maintenance and support of such schools and institutions.
+board of university and school lands arising from the rental or sale of lands
-Any state may, however, in its discretion, add a portion of the annual income to the permanent
+granted by the United States to any purposes other than those for which grants
-funds. Notwithstanding the foregoing provisions of this section, each of the states of North
+were made and any diversion to other purposes or any donation thereof in aid of
-Dakota, South Dakota, and Washington may pool the moneys received by it from oil and gas
+an individual, by the assembly directly, or by the board of university and
-and other mineral leasing of said lands. The moneys so pooled shall be apportioned among
+school lands by legislative enactment is unconstitutional. State ex rel. Sathre
-the public schools and the various state institutions shall receive an amount which bears the
+v. Board of Univ. & Sch. Lands, [[https://links.casemakerlegal.com/docid/3777356?bookname=public_url&ci=95|65 N.D. 687]], 262 N.W. 60 (1935).
-same ratio to the total amount apportioned as the number of acres (including any that may
+</WRAP>
-have been disposed of) granted for such public schools or for such institutions bears to the
-total number of acres (including any that may have been disposed of) granted by this act. Not
+===== Section 11. =====
-less   than   fifty  per   centum   of   each   such   amount   shall   be   covered   into   the   appropriate
+That all lands granted by this act shall be disposed of only at
-permanent fund.
+public sale after advertising - tillable lands capable of producing
-The lands hereby granted shall not be subject to pre-emption, homestead entry, or any other
+agricultural crops for not less than $10 per acre and lands principally
-entry under the land laws of the United States whether surveyed or unsurveyed, but shall be
+valuable for grazing purposes for not less than $5 per acre. Any of the said
-reserved for the purposes for which they have been granted.
+lands may be exchanged for other lands, public or private, or equal value and
-History: As amended by Act of August 11, 1921, ch. 61, 42 Stat. 158; Act of May 7, 1932,
+as near as may be of equal area, but if any of the said lands are exchanged
-ch.
+with the United States such exchange shall be limited to Federal lands that are
-, 47 Stat. 150; Act of June 25, 1938, ch. 700, 52 Stat. 1198; Act of April 13, 1948,
+surveyed, nonmineral, unreserved public lands within the state or are reserved
-ch.
+public lands within the State that are subject to exchange under the laws
-, 62 Stat. 170; Act of June 28, 1952, ch. 480, 66 Stat. 283; Act of June 30, 1967, Public
+governing the administration of such Federal reserved public lands.
-Law 90
--
+All exchanges heretofore made under section 11 of the Act approved February 22,
-, 81 Stat. 106; Act of October 16, 1970, Public Law 91-463, 84 Stat. 987.
+ (25 Stat. 676), as amended by the Act approved May 7, 1932 (47 Stat. 150),
-Condemnation of School Lands.
+for reserved public lands of the United States that were subject to exchange
-Where a state statute relating to the condemnation of right of way by the state highway
+under law pursuant to which they were being administered and the requirements
-commission contemplates that title to lands shall be acquired, such procedure cannot be
+thereof have been met, are hereby approved to the same extent as though the
-resorted to acquire school land granted to the state. State Hwy. Comm'n v. State, 70 N. D. 673,
+lands exchanged were unreserved public lands.
-N.W. 194 (1940).
-Oil and Gas Leases
+The said lands may be leased under such regulations as the legislature may
-Under the Enabling Act, as amended, the state has full power to provide for the execution of oil
+prescribe.
-and gas leases on school and university lands. State ex rel. Rausch v. Amerada Petro. Corp.,
-N.D. 247, 49 N.W.2d 14 (1951).
+The state may also, upon such terms as it may prescribe, grant such easements
-Taxation
+or rights in any of the lands granted by this act, as may be acquired in
-When a contract for the sale of school land is canceled, the land reverts to the state, and no
+privately owned lands through proceedings in eminent domain: provided, however,
-interest in the land is subject to taxation until a resale or redemption is made. Upon reversion
+that none of such lands, nor any estate or interest therein, shall ever be
-of the land to the state, all unpaid taxes levied thereon are canceled. State v. Towner County,
+disposed of except in pursuance of general laws providing for such disposition,
-N.D. 629, 283 N.W. 63 (1938).
+nor unless the full market value of the estate or interest disposed of, to be
-§ 12. That upon the admission of each of said states into the union, in accordance with the
+ascertained in such manner as may be provided by law, has been paid or safely
-provisions of this act, fifty sections of the unappropriated public lands within said states, to be
+secured to the state.
-selected and located in legal subdivisions as provided in section 10 of this act, shall be, and
-are hereby granted to said states for public buildings at the capital of said states for legislative,
+With the exception of the lands granted for public buildings, the proceeds from
-executive, and judicial purposes, including construction, reconstruction, repair, renovation,
+the sale and other permanent disposition of any of the said lands and from
-furnishings, equipment, and any other permanent improvement of such buildings, and the
+every part thereof, shall constitute permanent funds for the support and
-acquisition of necessary land for such buildings, and the payment of principal and interest on
+maintenance of the public schools and the various state institutions for which
+the lands have been granted. Rentals on leased land, proceeds from the sale of
+timber and other crops, interest on deferred payments on land sold, interest on
+funds arising from these lands, and all other actual income, shall be available
+for the acquisition and construction of facilities, including the retirement of
+bonds authorized by law for such purposes, and for the maintenance and support
+of such schools and institutions.  Any state may, however, in its discretion,
+add a portion of the annual income to the permanent funds. Notwithstanding the
+foregoing provisions of this section, each of the states of North Dakota, South
+Dakota, and Washington may pool the moneys received by it from oil and gas and
+other mineral leasing of said lands. The moneys so pooled shall be apportioned
+among the public schools and the various state institutions shall receive an
+amount which bears the same ratio to the total amount apportioned as the number
+of acres (including any that may have been disposed of) granted for such public
+schools or for such institutions bears to the total number of acres (including
+any that may have been disposed of) granted by this act. Not less than fifty
+per centum of each such amount shall be covered into the appropriate permanent
+fund.
+The lands hereby granted shall not be subject to pre-emption, homestead entry,
+or any other entry under the land laws of the United States whether surveyed or
+unsurveyed, but shall be reserved for the purposes for which they have been
+granted.
+<WRAP center round box 60%>
+History: As amended by
+[[https://www.loc.gov/law/help/statutes-at-large/67th-congress/Session%201/c67s1ch61.pdf|Act of August 11, 1921, ch. 61, 42 Stat. 158]];
+[[https://www.loc.gov/law/help/statutes-at-large/72nd-congress/session-1/c72s1ch172.pdf|Act of May 7, 1932, ch. 172, 47 Stat. 150]];
+[[https://www.loc.gov/law/help/statutes-at-large/75th-congress/session-3/c75s3ch700.pdf|Act of June 25, 1938, ch. 700, 52 Stat. 1198]];
+[[https://www.loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch183.pdf|Act of April 13, 1948, ch. 183, 62 Stat. 170]];
+[[https://www.govinfo.gov/content/pkg/STATUTE-66/pdf/STATUTE-66-Pg283.pdf|Act of June 28, 1952, ch. 480, 66 Stat. 283]];
+[[https://www.govinfo.gov/content/pkg/STATUTE-81/pdf/STATUTE-81-Pg106.pdf|Act of June 30, 1967, Public Law 90-41, 81 Stat. 106]];
+[[https://www.govinfo.gov/content/pkg/STATUTE-84/pdf/STATUTE-84-Pg987.pdf|Act of October 16, 1970, Public Law 91-463, 84 Stat. 987]].
+== Condemnation of School Lands. ==
+Where a state statute relating to the condemnation of right of way by the state
+highway commission contemplates that title to lands shall be acquired, such
+procedure cannot be resorted to acquire school land granted to the state. State
+Hwy. Comm'n v. State, [[https://links.casemakerlegal.com/docid/3777362?bookname=public_url&ci=95|70 N. D. 673]], 297 N.W. 194 (1940).
+== Oil and Gas Leases ==
+Under the Enabling Act, as amended, the state has full power to provide for the
+execution of oil and gas leases on school and university lands. State ex rel.
+Rausch v. Amerada Petro. Corp., [[https://links.casemakerlegal.com/docid/1329043?bookname=public_url&ci=95|78 N.D. 247]], 49 N.W.2d 14 (1951).
+== Taxation ==
+When a contract for the sale of school land is canceled, the land reverts to
+the state, and no interest in the land is subject to taxation until a resale or
+redemption is made. Upon reversion of the land to the state, all unpaid taxes
+levied thereon are canceled. State v. Towner County, [[https://links.casemakerlegal.com/docid/3777360?bookname=public_url&ci=95|68 N.D. 629]], 283 N.W. 63
+(1938).
+</WRAP>
+===== Section 12. =====
+That upon the admission of each of said states into the union, in
+accordance with the provisions of this act, fifty sections of the
+unappropriated public lands within said states, to be selected and located in
+legal subdivisions as provided in section 10 of this act, shall be, and are
+hereby granted to said states for public buildings at the capital of said
+states for legislative, executive, and judicial purposes, including
+construction, reconstruction, repair, renovation, furnishings, equipment, and
+any other permanent improvement of such buildings, and the acquisition of
+necessary land for such buildings, and the payment of principal and interest on
 bonds issued for any of the above purposes.
-Page No.
+===== Section 13. =====
-§ 13. That five per centum of the proceeds of the sales of public lands lying within said states
+That five per centum of the proceeds of the sales of public lands
-which shall be sold by the United States subsequent to the admission of said states into the
+lying within said states which shall be sold by the United States subsequent to
-union, after deducting all the expenses incident to the same, shall be paid to the said states, to
+the admission of said states into the union, after deducting all the expenses
-be used as a permanent fund, the interest of which only shall be expended for the support of
+incident to the same, shall be paid to the said states, to be used as a
+permanent fund, the interest of which only shall be expended for the support of
 the common schools within said states, respectively.
-§ 14. That the lands granted to the territories of Dakota and Montana by the Act of February
-, 1881, entitled "An Act to grant lands to Dakota, Montana, Arizona, Idaho, and Wyoming for
+===== Section 14. =====
-university purposes," are hereby vested in the states of South Dakota, North Dakota, and
+That the lands granted to the territories of Dakota and Montana by
-Montana respectively, if such states are admitted into the union as provided in this act, to the
+the Act of February 18, 1881, entitled "An Act to grant lands to Dakota,
-extent of the full quantity of seventy-two sections to each of said states, and any portion of said
+Montana, Arizona, Idaho, and Wyoming for university purposes," are hereby
-lands that may not have been selected by either of said territories of Dakota or Montana may
+vested in the states of South Dakota, North Dakota, and Montana respectively,
-be selected by the respective states aforesaid; but said Act of February 18, 1881, shall be so
+if such states are admitted into the union as provided in this act, to the
-amended as to provide that none of said lands shall be sold for less than $10 per acre, and the
+extent of the full quantity of seventy-two sections to each of said states, and
-proceeds shall constitute a permanent fund to be safely invested and held by said states
+any portion of said lands that may not have been selected by either of said
-severally, and the income thereof be used exclusively for university purposes. And such
+territories of Dakota or Montana may be selected by the respective states
-quantity of the lands authorized by the fourth section of the Act of July 17, 1854, to be reserved
+aforesaid; but said Act of February 18, 1881, shall be so amended as to provide
-for university purposes in the territory of Washington, as together with the lands confirmed to
+that none of said lands shall be sold for less than $10 per acre, and the
-the vendees of the territory by the Act of March 14, 1864, will make the full quantity of seventy-
+proceeds shall constitute a permanent fund to be safely invested and held by
-two entire sections, are hereby granted in like manner to the state of Washington for the
+said states severally, and the income thereof be used exclusively for
-purposes of a university in said state. None of the lands granted in this section shall be sold at
+university purposes. And such quantity of the lands authorized by the fourth
-less than $10 per acre; but said lands may be leased in the same manner as provided in
+section of the Act of July 17, 1854, to be reserved for university purposes in
-section 11 of this act. The schools, colleges and universities provided for in this act shall
+the territory of Washington, as together with the lands confirmed to the
-forever remain under the exclusive control of the said states, respectively, and no part of the
+vendees of the territory by the Act of March 14, 1864, will make the full
-proceeds  arising  from  the sale  or  disposal of  any  lands  herein  granted  for  educational
+quantity of seventy- two entire sections, are hereby granted in like manner to
-purposes shall be used for the support of any secretarian or denominational school, college, or
+the state of Washington for the purposes of a university in said state. None of
-university. The section of land granted by the Act of June 16, 1880, to the territory of Dakota,
+the lands granted in this section shall be sold at less than $10 per acre; but
-for an asylum for the insane shall, upon the admission of said state of South Dakota into the
+said lands may be leased in the same manner as provided in section 11 of this
-union, become the property of said state.
+act. The schools, colleges and universities provided for in this act shall
-§ 15. That so much of the land belonging to the United States as have been acquired and set
+forever remain under the exclusive control of the said states, respectively,
-apart   for   the   purpose   mentioned   in   "An   act   appropriating   money  for   the   erection   of   a
+and no part of the proceeds arising from the sale or disposal of any lands
-penitentiary in the territory of Dakota," approved March 2, 1881, together with the buildings
+herein granted for educational purposes shall be used for the support of any
-thereon, be, and the same is hereby granted, together with any unexpended balances of the
+secretarian or denominational school, college, or university. The section of
-money appropriated therefor by said act, to said state of South Dakota, for the purposes
+land granted by the Act of June 16, 1880, to the territory of Dakota, for an
-therein designated; and the states of North Dakota and Washington shall, respectively, have
+asylum for the insane shall, upon the admission of said state of South Dakota
-like grants for the same purpose, and subject to like terms and conditions as provided in said
+into the union, become the property of said state.
-Act of March 2, 1881, for the territory of Dakota. The penitentiary at Deer Lodge City, Montana,
-and all lands connected therewith and set apart and reserved therefor, are hereby granted to
+===== Section 15. =====
-the state of Montana.
+That so much of the land belonging to the United States as have
-§ 16. That ninety thousand acres of land, to be selected and located as provided in section 10
+been acquired and set apart for the purpose mentioned in "An act appropriating
-of this act, are hereby granted to each of said states except to the state of South Dakota, to
+money for the erection of a penitentiary in the territory of Dakota," approved
-which one hundred twenty thousand acres are granted for the use and support of agricultural
+March 2, 1881, together with the buildings thereon, be, and the same is hereby
-colleges in said states, as provided in the acts of Congress making donations of lands for such
+granted, together with any unexpended balances of the money appropriated
-purposes.
+therefor by said act, to said state of South Dakota, for the purposes therein
-§ 17. That in lieu of the grant of land for purposes of internal improvement made to new states
+designated; and the states of North Dakota and Washington shall, respectively,
-by the eighth section of the Act of September 4, 1841, which act is hereby repealed as to the
+have like grants for the same purpose, and subject to like terms and conditions
-states provided for by this act, and in lieu of any claim or demand by the said states, or either
+as provided in said Act of March 2, 1881, for the territory of Dakota. The
-of them, under the Act of September 28, 1850, and section 2479 of the Revised Statutes,
+penitentiary at Deer Lodge City, Montana, and all lands connected therewith and
-making a grant of swamp and overflowed lands to certain states, which grant it is hereby
+set apart and reserved therefor, are hereby granted to the state of Montana.
-Page No.
+===== Section 16. =====
-declared is not extended to the states provided for in this act, and in lieu of any grant of saline
+That ninety thousand acres of land, to be selected and located as
-lands to said states, the following grants of land are hereby made, to wit:
+provided in section 10 of this act, are hereby granted to each of said states
-To the state of South Dakota: For the school of mines, forty thousand acres; for the
+except to the state of South Dakota, to which one hundred twenty thousand acres
-reform school, forty thousand acres; for the deaf and dumb asylum, forty thousand acres; for
+are granted for the use and support of agricultural colleges in said states, as
-the agricultural college, forty thousand acres; for the university, forty thousand acres; for state
+provided in the acts of Congress making donations of lands for such purposes.
-normal school, eighty thousand acres; for public buildings at the capital of said state, fifty
-thousand acres, and for such other educational and charitable purposes as the Legislature of
+===== Section 17. =====
-said state may determine, one hundred seventy thousand acres; in all, five hundred thousand
+That in lieu of the grant of land for purposes of internal
-acres.
+improvement made to new states by the eighth section of the Act of September 4,
-To the state of North Dakota a like quantity of land as is in this section granted to the
+, which act is hereby repealed as to the states provided for by this act,
-state of South Dakota, and to be for like purposes, and in like proportion as far as practicable.
+and in lieu of any claim or demand by the said states, or either of them, under
-To the state of Montana: For the establishment and maintenance of a school of mines,
+the Act of September 28, 1850, and section 2479 of the Revised Statutes, making
-one hundred thousand acres; for state normal schools, one hundred thousand acres; for
+a grant of swamp and overflowed lands to certain states, which grant it is
-agricultural colleges, in addition to the grant hereinbefore made for that purpose, fifty thousand
+hereby declared is not extended to the states provided for in this act, and in
-acres;   for   the   establishment   of   a   state   reform   school,   fifty   thousand   acres;   for   the
+lieu of any grant of saline lands to said states, the following grants of land
-establishment of a deaf and dumb asylum, fifty thousand acres; for public buildings at the
+are hereby made, to wit:
-capital of the state, in addition to the grant hereinbefore made for that purpose, one hundred
-fifty thousand acres.
+To the state of South Dakota: For the school of mines, forty thousand acres;
-To the state of Washington: For the establishment and maintenance of a scientific
+for the reform school, forty thousand acres; for the deaf and dumb asylum,
-school, one hundred thousand acres; for state normal schools, one hundred thousand acres;
+forty thousand acres; for the agricultural college, forty thousand acres; for
-for public buildings at the state capital in addition to the grant hereinbefore made for that
+the university, forty thousand acres; for state normal school, eighty thousand
-purpose,   one   hundred   thousand   acres;   for   state,   charitable,   educational,   penal,   and
+acres; for public buildings at the capital of said state, fifty thousand acres,
-reformatory institutions, two hundred thousand acres.
+and for such other educational and charitable purposes as the Legislature of
-That the states provided for in this act shall not be entitled to any further or other grants
+said state may determine, one hundred seventy thousand acres; in all, five
-of land for any purpose than as expressly provided in this act. And the lands granted by this
+hundred thousand acres.
-section shall be held, appropriated, and disposed of exclusively for the purposes herein
-mentioned, in such manner as the legislatures of the respective states may severally provide.
+To the state of North Dakota a like quantity of land as is in this section
-In General.
+granted to the state of South Dakota, and to be for like purposes, and in like
-The power to determine the manner of the use of public lands granted by the Enabling Act is
+proportion as far as practicable.
-purely legislative and cannot be delegated to a commission. State ex rel. Rusk v. Budge,
+To the state of Montana: For the establishment and maintenance of a school of
-N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., 37 N.D. 547,
+mines, one hundred thousand acres; for state normal schools, one hundred
-N.W. 294 (1917).
+thousand acres; for agricultural colleges, in addition to the grant
-Charitable Purposes.
+hereinbefore made for that purpose, fifty thousand acres; for the establishment
-The words "charitable purposes" should be construed in a broad, and not limited meaning, to
+of a state reform school, fifty thousand acres; for the establishment of a deaf
-include acts of public benefaction which are done for public purposes, as well as mere
+and dumb asylum, fifty thousand acres; for public buildings at the capital of
-almsgiving or benefaction to the poor, and, as so construed, the section authorizes the
+the state, in addition to the grant hereinbefore made for that purpose, one
-maintenance of an institution which shall care for all classes of aged and infirm soldiers,
+hundred fifty thousand acres.
-irrespective   of   their   monetary  worth.   State   ex   rel.   Skeffington   v.   Seigfried,   40   N.D.   57,
+To the state of Washington: For the establishment and maintenance of a
-N.W. 62 (1918).
+scientific school, one hundred thousand acres; for state normal schools, one
-Governor's Residence.
+hundred thousand acres; for public buildings at the state capital in addition
-The erection of a resident for the governor at the capital is within the purposes of the grant of
+to the grant hereinbefore made for that purpose, one hundred thousand acres;
-land made by congress to the state for public buildings at the capital under the Enabling Act.
+for state, charitable, educational, penal, and reformatory institutions, two
-State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western
+hundred thousand acres.
-Grain Co., 37 N.D. 547, 164 N.W. 294 (1917).
-Limitation on Legislative Disposal of Lands.
+That the states provided for in this act shall not be entitled to any further
-Page No.
+or other grants of land for any purpose than as expressly provided in this act.
+And the lands granted by this section shall be held, appropriated, and disposed
-The Montana legislature must act in subordination to the state Constitution in executing the
+of exclusively for the purposes herein mentioned, in such manner as the
-authority entrusted to it in section 17 of the Enabling Act. Montana ex rel. Haire v. Rice,
+legislatures of the respective states may severally provide.
-U.S. 291, 27 S. Ct. 281, 51 L. Ed. 490 (1907).
+<WRAP center round box 60%>
-§ 18. That all mineral lands shall be exempted from the grants made by this act. But if sections
-sixteen and thirty-six, or any subdivision or portion of any smallest subdivision thereof in any
+== In General. ==
-township shall be found by the department of the interior to be mineral lands, said states are
-hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other
+The power to determine the manner of the use of public lands granted by the
-unappropriated lands in said states, in lieu thereof, for the use and benefit of the common
+Enabling Act is purely legislative and cannot be delegated to a commission.
-schools of said states.
+State ex rel. Rusk v. Budge, [[https://links.casemakerlegal.com/docid/3777334?bookname=public_url&ci=95|14 N.D. 532]], 105 N.W. 724 (1905), distinguished,
-§ 19. That all lands granted in quantity or as indemnity by this act shall be selected, under the
+More v. Western Grain Co., [[https://links.casemakerlegal.com/docid/3777335?bookname=public_url&ci=95|37 N.D. 547]], 164 N.W. 294 (1917).
-direction of the secretary of the interior, from the surveyed, unreserved, and unappropriated
-public lands of the United States within the limits of the respective states entitled thereto. And
+== Charitable Purposes. ==
-there shall be deducted from the number of acres of land donated by this act for specific
-objects to said states the number of acres in each heretofore donated by Congress to said
+The words "charitable purposes" should be construed in a broad, and not limited
-territories for similar objects.
+meaning, to include acts of public benefaction which are done for public
-§ 20. That the sum of twenty thousand dollars or so much thereof as may be necessary, is
+purposes, as well as mere almsgiving or benefaction to the poor, and, as so
-hereby appropriated, out of any money in the treasury not otherwise appropriated, to each of
+construed, the section authorizes the maintenance of an institution which shall
-said territories for defraying the expenses of the said conventions, except to Dakota for which
+care for all classes of aged and infirm soldiers, irrespective of their
-the sum of forty thousand dollars is so appropriated, twenty thousand dollars each for South
+monetary worth. State ex rel. Skeffington v. Seigfried, 40 N.D. 57, 168 N.W. 62
-Dakota and North Dakota, and for the payment of the members thereof, under the same rules
+(1918).
-and regulations and at the same rates as are now provided by law for the payment of the
-territorial legislatures. Any money hereby appropriated not necessary for such purpose shall be
+== Governor's Residence. ==
-covered into the treasury of the United States.
-§ 21. That each of said states, when admitted as aforesaid, shall constitute one judicial district,
+The erection of a resident for the governor at the capital is within the
-the names thereof to be the same as the names of the states, respectively; and the circuit and
+purposes of the grant of land made by congress to the state for public
-district courts thereof shall be held at the capital of such state for the time being, and each of
+buildings at the capital under the Enabling Act.  State ex rel. Rusk v. Budge,
-said districts shall, for judicial purposes, until otherwise provided, be attached to the eighth
+[[https://links.casemakerlegal.com/docid/3777334?bookname=public_url&ci=95|14 N.D. 532]], 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., [[https://links.casemakerlegal.com/docid/3777335?bookname=public_url&ci=95|37 N.D. 547]], 164 N.W. 294 (1917).
-judicial circuit, except Washington and Montana, which shall be attached to the ninth judicial
-circuit. There shall be appointed for each of said districts one district judge, one United States
+== Limitation on Legislative Disposal of Lands. ==
-attorney and one United States marshal. The judge of each of said districts shall receive a
-yearly salary of three thousand five hundred dollars payable in four equal installments, on the
+The Montana legislature must act in subordination to the state Constitution in
-first days of January, April, July, and October of each year, and shall reside in the district.
+executing the authority entrusted to it in section 17 of the Enabling Act.
-There shall be appointed clerks of said courts in each district, who shall keep their offices at
+Montana ex rel. Haire v. Rice, [[https://courtlistener.com/c/U.S./204/291/|204 U.S. 291]], 27 S. Ct. 281, 51 L. Ed. 490
-the capital of said state. The regular terms of said courts shall be held in each district, at the
+(1907).
-place aforesaid on the first Monday in April and the first Monday in November of each year,
-and only one grand jury and one petit jury shall be summoned in both said circuit and district
+</WRAP>
-courts.  The  circuit   and   district   courts  for   each   of   said  districts  and   the  judges   thereof,
-respectively, shall possess the same powers and jurisdiction, and perform the same duties
+===== Section 18. =====
-required to be performed by the other circuit and district courts and judges of the United
+That all mineral lands shall be exempted from the grants made by
-States, and shall be governed by the same laws and regulations. The marshal, district
+this act. But if sections sixteen and thirty-six, or any subdivision or portion
-attorney, and clerks of the circuit and district courts of each of said districts, and all other
+of any smallest subdivision thereof in any township shall be found by the
-officers and persons performing duties in the administration of justice therein, shall severally
+department of the interior to be mineral lands, said states are hereby
-possess the powers and perform the duties lawfully possessed and required to be performed
+authorized and empowered to select, in legal subdivisions, an equal quantity of
-by similar officers in other districts of the United States; and shall, for the services they may
+other unappropriated lands in said states, in lieu thereof, for the use and
-perform, receive the fees and compensation allowed by law to other similar officers and
+benefit of the common schools of said states.
-persons performing similar duties in the state of Nebraska.]
+===== Section 19. =====
+That all lands granted in quantity or as indemnity by this act
+shall be selected, under the direction of the secretary of the interior, from
+the surveyed, unreserved, and unappropriated public lands of the United States
+within the limits of the respective states entitled thereto. And there shall be
+deducted from the number of acres of land donated by this act for specific
+objects to said states the number of acres in each heretofore donated by
+Congress to said territories for similar objects.
+===== Section 20. =====
+That the sum of twenty thousand dollars or so much thereof as may
+be necessary, is hereby appropriated, out of any money in the treasury not
+otherwise appropriated, to each of said territories for defraying the expenses
+of the said conventions, except to Dakota for which the sum of forty thousand
+dollars is so appropriated, twenty thousand dollars each for South Dakota and
+North Dakota, and for the payment of the members thereof, under the same rules
+and regulations and at the same rates as are now provided by law for the
+payment of the territorial legislatures. Any money hereby appropriated not
+necessary for such purpose shall be covered into the treasury of the United
+States.
+===== Section 21. =====
+That each of said states, when admitted as aforesaid, shall
+constitute one judicial district, the names thereof to be the same as the names
+of the states, respectively; and the circuit and district courts thereof shall
+be held at the capital of such state for the time being, and each of said
+districts shall, for judicial purposes, until otherwise provided, be attached
+to the eighth judicial circuit, except Washington and Montana, which shall be
+attached to the ninth judicial circuit. There shall be appointed for each of
+said districts one district judge, one United States attorney and one United
+States marshal. The judge of each of said districts shall receive a yearly
+salary of three thousand five hundred dollars payable in four equal
+installments, on the first days of January, April, July, and October of each
+year, and shall reside in the district.  There shall be appointed clerks of
+said courts in each district, who shall keep their offices at the capital of
+said state. The regular terms of said courts shall be held in each district, at
+the place aforesaid on the first Monday in April and the first Monday in
+November of each year, and only one grand jury and one petit jury shall be
+summoned in both said circuit and district courts. The circuit and district
+courts for each of said districts and the judges thereof, respectively, shall
+possess the same powers and jurisdiction, and perform the same duties required
+to be performed by the other circuit and district courts and judges of the
+United States, and shall be governed by the same laws and regulations. The
+marshal, district attorney, and clerks of the circuit and district courts of
+each of said districts, and all other officers and persons performing duties in
+the administration of justice therein, shall severally possess the powers and
+perform the duties lawfully possessed and required to be performed by similar
+officers in other districts of the United States; and shall, for the services
+they may perform, receive the fees and compensation allowed by law to other
+similar officers and persons performing similar duties in the state of
+Nebraska.]
+===== Section 22. =====
+That all cases of appeal or writ of error heretofore prosecuted and
+now pending in the Supreme Court of the United States upon any record from the
+Supreme Court of either of the territories mentioned in this act, or that may
+hereafter lawfully be prosecuted upon any record from either of said courts,
+may be heard and determined by said Supreme Court of the United States. And the
+mandate of execution or of further proceedings shall be directed by the Supreme
+Court of the United States to the circuit or district court hereby established
+within the state succeeding the territory from which such record is or may be
+pending, or to the Supreme Court of such state, as the nature of the case may
+require; provided, that the mandate of execution or of further proceedings
+shall, in cases arising in the territory of Dakota, be directed by the Supreme
+Court of the United States to the circuit or district court of the district of
+South Dakota, or to the Supreme Court of the state of South Dakota, or to the
+circuit or district court of the district of North Dakota, or to the Supreme
+Court of the state of North Dakota, or to the Supreme Court of the territory of
+North Dakota, as the nature of the case may require. And each of the circuit,
+district, and state courts, herein named, shall, respectively, be the successor
+of the Supreme Court of the territory, as to all such cases arising within the
+limits embraced within the jurisdiction of such courts respectively, with full
+power to proceed with the same, and award mesne or final process therein; and
+that from all judgments and decrees of the Supreme Court of either of the
+territories mentioned in this act, in any case arising within the limits of any
+of the proposed states prior to admission, the parties to such judgment shall
+have the same right to prosecute appeals and writs of error to the Supreme
+Court of the United States as they shall have had by law prior to the admission
+of said state into the union.
+===== Section 23. =====
+That in respect to all cases, proceedings, and matters now pending
+in the Supreme or district Courts of either of the territories mentioned in
+this act at the time of the admission into the union of either of the states
+mentioned in this act, and arising within the limits of any such state, whereof
+the circuit or district courts by this act established might have had
+jurisdiction under the laws of the United States had such courts existed at the
+time of the commencement of such cases, the said circuit and district courts,
+respectively, shall be the successors of said Supreme and district Courts of
+said territory; and in respect to all other cases, proceedings and matters
+pending in the Supreme or district Courts of any of the territories mentioned
+in this act at the time of the admission of such territory into the union,
+arising within the limits of said proposed state, the courts established by
+such state shall, respectively, be the successors of said Supreme and district
+territorial Courts; and all the files, records, indictments, and proceedings
+relating to any such cases, shall be transferred to such circuit, district, and
+state courts, respectively, and the same shall be proceeded with therein in due
+courts of law; but no writ, action, indictment, cause, or proceeding now
+pending, or that prior to the admission of any of the states mentioned in this
+act, shall be pending in any territorial court in any of the territories
+mentioned in this act, shall abate by the admission of any such state into the
+union, but the same shall be transferred and proceeded with, in the proper
+United States circuit, district, or state court, as the case may be; provided,
+however, that in all civil actions, causes, and proceedings, in which the
+United States is not a party, transfers shall not be made to the circuit and
+district courts of the United States except upon written request of one of the
+parties to such action or proceeding filed in the proper court; and in the
+absence of such request, such cases shall be proceeded with in the proper state
+courts.
+===== Section 24. =====
+That the constitutional conventions may, by ordinance, provide for
+the election of officers for full state governments, including members of the
+Legislatures and representatives in the fifty-first Congress; and said state
+governments shall remain in abeyance until the states shall be admitted into
+the union, respectively, as provided in this act. In case the Constitution of
+any of said proposed states shall be ratified by the people, but not otherwise,
+the Legislature thereof may assemble, organize, and elect two senators of the
+United States, and the Governor and secretary of state of such proposed state
+shall certify the election of the senators and representatives in the manner
+required by law; and when such state is admitted into the union, the senators
+and representatives shall be entitled to be admitted to seats in Congress, and
+to all the rights and privileges of senators and representatives of other
+states in the Congress of the United States; and the officers of the state
+governments formed in pursuance of said Constitutions, as provided by the
+constitutional conventions, shall proceed to exercise all the functions of such
+state officers; and all laws in force made by said territories, at the time of
+their admission into the union, shall be in force in said states, except as
+modified or changed by this act, or by the Constitutions of the states,
+respectively.
+===== Section 25. =====
+That all acts or parts of acts in conflict with the provisions of
+this act, whether passed by the Legislatures of said territories or by
+Congress, are hereby repealed.
+===== Section 26. North Dakota Trust Funds. =====
+(a) DISPOSITION. - Notwithstanding section 11, the State of North Dakota shall,
+with respect to any trust fund in which proceeds from the sale of public land
+are deposited under this Act (referred to in this section as the 'trust fund')
+-
+<WRAP indent>
+(1) deposit all revenues earned by a trust fund into the trust fund;
+(2) deduct the costs of administering a trust fund from each trust fund; and
+(3) manage each trust fund to -
+<WRAP indent>
+(A) preserve the purchasing power of the trust fund; and
+(B) maintain stable distributions to trust fund beneficiaries.
+</WRAP>
+</WRAP>
+(b) DISTRIBUTIONS. - Notwithstanding section 11, any distributions from trust
+funds in the State of North Dakota shall be made in accordance with section 2
+of article IX of the Constitution of the State of North Dakota.
+(c) MANAGEMENT OF PROCEEDS. - Notwithstanding section 13, the State of North
+Dakota shall manage the proceeds referred to in that section in accordance with
+subsections (a) and (b).
+(d) MANAGEMENT OF LAND AND PROCEEDS. - Notwithstanding sections 14 and 16, the
+State of North Dakota shall manage the land granted under that section,
+including any proceeds from the land, and make distributions in accordance with
+subsections (a) and (b).