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====== The Enabling Act ====== | ====== The Enabling Act ====== | ||
- | ===== (Act of February 22, 1889, Ch. 180, 25 Statutes at Large 676.) ===== | + | ([[https:// |
- | 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, |
- | 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, | + | and Washington, as at present described, may become the states of North Dakota, |
- | hereinafter provided. | + | South Dakota, Montana, and Washington respectively, |
- | § 2. The area comprising the territory of Dakota shall, for the purposes of this act, be divided | + | ===== Section |
- | 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 |
- | 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, | + | 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, |
- | 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; | + | 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; | + | 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; |
- | 1889; and such election shall be conducted, the returns made, the result ascertained and the | + | the chief justice and the secretary of said territories; |
- | certificates to persons elected to such conventions issued in the same manner as is prescribed | + | said territories shall, by proclamation, |
- | 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, | + | 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, | ||
+ | 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 |
- | seat of government of each of said territories, | + | That the delegates to the conventions elected as provided for in |
- | who | + | this act shall meet at the seat of government of each of said territories, |
- | organization, | + | 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, |
- | 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. |
- | 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, | + | |
- | 215 | + | 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. | + | |
- | 2 | + | == -Federal Jurisdiction and Control. |
- | Whether Indian pantentees of land in a reservation, | + | |
- | 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 |
- | 127 | + | 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, |
- | 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, | + | 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 |
- | 72 | + | 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, |
- | 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. |
- | 247 | + | Montana Power Co. v. Rochester, |
- | 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, | + | 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:// |
- | 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 " | + | 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 |
- | 20 | + | of an Indian reservation, |
- | 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, |
- | 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, | + | |
- | words, "For 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., |
- | shall be "For the Sioux Falls Constitution," | + | |
- | assemble at Sioux Falls, as herein provided, to resubmit to the people of South Dakota, for | + | == State Political and Governmental Control. |
- | Page No. | + | |
- | 3 | + | 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, |
- | 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, |
- | 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, | + | 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, |
- | 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 " | + | |
- | 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 " |
- | 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:// |
- | § 6. It shall be the duty of the constitutional conventions of North Dakota and South Dakota to | + | </ |
- | appoint | + | |
- | convention, whose duty it shall be to assemble at Bismarck, the present seat of government of | + | Section |
- | 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, | + | 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," |
+ | Falls Constitution," | ||
+ | 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," | ||
+ | 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, | ||
+ | 1885, 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 | ||
+ | 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 " | ||
+ | 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 | ||
+ | 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, | ||
+ | itself to pay its proportion of such debts and liabilities the same as if they | ||
had been created by such states respectively. | 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 |
- | 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 |
- | 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, | + | 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, |
- | 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. |
- | 4 | + | |
- | Dakota, it shall provide for submitting the same in like manner to the people of South Dakota | + | ===== Section |
- | 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 | + | 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, | + | 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, | + | 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, | + | 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, | + | 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 | + | formed |
- | Constitution, | + | 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 | + | proposed Constitutions, |
- | proposed states which have adopted Constitutions and formed state governments, | + | separately |
- | provided, shall be deemed admitted by congress into the union, under and by virtue of this act, | + | secretary of each of said territories, |
- | 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, |
- | 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, |
- | though it failed to receive a majority of votes cast for governor. State ex rel. Larabee v. Barnes, | + | the said Constitution, |
- | 3 N.D. 319, 55 N.W. 883 (1893). | + | Constitutions and governments, |
- | § 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, | + | 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; | + | 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, |
- | the states, respectively, | + | 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, |
- | to the indemnity provisions of this act, nor shall any lands embraced in Indian, military or other | + | 883 (1893). |
- | reservations of any character, be subject to the grants or to the indemnity provisions of this act | + | </ |
- | until the reservation shall have been extinguished and such lands be restored to, and become | + | |
- | a part of, the public domain. | + | ===== Section |
- | 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 |
- | 5 | + | 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, |
- | 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; |
- | 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, |
- | 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 |
- | 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, | + | 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 |
- | § | + | 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, | + | |
- | 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, |
- | 6 | + | [[https:// |
- | various state institutions for which the lands have been granted. Rentals on leased land, | + | Lang v. City of Cavalier, |
- | 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 | + | 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 | + | 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, |
- | 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 | + | ===== Section |
- | less | + | 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, | + | 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 |
- | 172, 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 |
- | 183, 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, |
- | 41, 81 Stat. 106; Act of October 16, 1970, Public Law 91-463, 84 Stat. 987. | + | 1889 (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. |
- | 297 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., | + | |
- | 78 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, |
- | 68 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, | + | the sale and other permanent disposition of any of the said lands and from |
- | furnishings, | + | 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. | ||
+ | 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, | ||
+ | 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:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | |||
+ | == Condemnation of School Lands. | ||
+ | |||
+ | Where a state statute relating to the condemnation of right of way by the state | ||
+ | highway | ||
+ | procedure cannot be resorted to acquire school land granted to the state. State | ||
+ | Hwy. Comm'n v. State, | ||
+ | |||
+ | == 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., | ||
+ | |||
+ | == 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, | ||
+ | (1938). | ||
+ | |||
+ | </ | ||
+ | |||
+ | ===== Section | ||
+ | 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, | ||
+ | construction, | ||
+ | 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. | bonds issued for any of the above purposes. | ||
- | Page No. | + | |
- | 7 | + | ===== Section |
- | § 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. | the common schools within said states, respectively. | ||
- | § 14. That the lands granted to the territories of Dakota and Montana by the Act of February | + | |
- | 18, 1881, entitled "An Act to grant lands to Dakota, Montana, Arizona, Idaho, and Wyoming for | + | ===== Section |
- | university purposes," | + | That the lands granted to the territories of Dakota and Montana by |
- | Montana respectively, | + | 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," |
- | 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, | + | vendees of the territory by the Act of March 14, 1864, will make the full |
- | proceeds | + | 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 | + | and no part of the proceeds arising from the sale or disposal of any lands |
- | penitentiary in the territory of Dakota," | + | 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, | + | 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 |
- | 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," |
- | 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. | + | |
- | 8 | + | ===== Section |
- | 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 |
- | 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 | + | 1841, 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; | + | 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, | + | acres; for public buildings at the capital of said state, fifty thousand acres, |
- | reformatory institutions, | + | 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, | + | |
- | 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, | + | |
- | 14 | + | To the state of Montana: For the establishment and maintenance of a school of |
- | N.D. 532, 105 N.W. 724 (1905), distinguished, | + | mines, one hundred thousand acres; for state normal schools, one hundred |
- | 164 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 " | + | 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 |
- | irrespective | + | |
- | 168 | + | To the state of Washington: For the establishment and maintenance of a |
- | N.W. 62 (1918). | + | scientific |
- | Governor' | + | 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, |
- | State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, | + | 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. |
- | 9 | + | And the lands granted by this section shall be held, appropriated, |
- | 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. |
- | 204 | + | |
- | 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, | + | 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, |
- | § 19. That all lands granted in quantity or as indemnity by this act shall be selected, under the | + | More v. Western Grain Co., [[https:// |
- | 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 " |
- | 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, | + | construed, the section authorizes the maintenance of an institution which shall |
- | said territories for defraying the expenses of the said conventions, | + | care for all classes of aged and infirm soldiers, irrespective of their |
- | the sum of forty thousand dollars is so appropriated, | + | 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' |
- | 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; | + | 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:// |
- | 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, | + | 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:// |
- | 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 | + | </ |
- | courts. | + | |
- | respectively, | + | ===== Section |
- | 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, |
- | 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 | ||
+ | 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 | ||
+ | That the sum of twenty thousand dollars or so much thereof as may | ||
+ | be necessary, is hereby appropriated, | ||
+ | otherwise appropriated, | ||
+ | of the said conventions, | ||
+ | dollars is so appropriated, | ||
+ | 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 | ||
+ | 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; | ||
+ | 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, | ||
+ | year, and shall reside in the district. | ||
+ | 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, | ||
+ | possess the same powers and jurisdiction, | ||
+ | to be performed by the other circuit and district courts and judges of the | ||
+ | United | ||
+ | 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, | ||
+ | of the Supreme Court of the territory, as to all such cases arising within the | ||
+ | limits embraced within the jurisdiction of such courts respectively, | ||
+ | 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, | ||
+ | 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, | ||
+ | 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, | ||
+ | territorial Courts; and all the files, records, indictments, | ||
+ | relating to any such cases, shall be transferred to such circuit, district, and | ||
+ | state courts, respectively, | ||
+ | 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, | ||
+ | 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, | ||
+ | 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, | ||
+ | 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, | ||
+ | constitutional conventions, | ||
+ | state officers; and all laws in force made by said territories, | ||
+ | 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. | ||
+ | |||
+ | </ | ||
+ | </ | ||
+ | |||
+ | (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). | ||
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