enabling_act
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South Dakota, Montana, and Washington respectively, | South Dakota, Montana, and Washington respectively, | ||
- | Section 2. The area comprising the territory of Dakota shall, for the purposes | + | ===== Section 2. ===== |
+ | The area comprising the territory of Dakota shall, for the purposes | ||
of this act, be divided on the line of the seventh standard parallel produced | of this act, be divided on the line of the seventh standard parallel produced | ||
due west to the western boundary of said territory; and the delegates elected | due west to the western boundary of said territory; and the delegates elected | ||
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Falls. | Falls. | ||
- | Section 3. That all persons who are qualified by the laws of said territories | + | ===== Section 3. ===== |
+ | That all persons who are qualified by the laws of said territories | ||
to vote for representatives to the legislative assemblies thereof, are hereby | to vote for representatives to the legislative assemblies thereof, are hereby | ||
authorized to vote for and choose delegates to form conventions in said | authorized to vote for and choose delegates to form conventions in said | ||
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the constitutions. | the constitutions. | ||
- | Section 4. That the delegates to the conventions elected as provided for in | + | ===== Section 4. ===== |
+ | That the delegates to the conventions elected as provided for in | ||
this act shall meet at the seat of government of each of said territories, | this act shall meet at the seat of government of each of said territories, | ||
except the delegates elected in South Dakota, who shall meet at the city of | except the delegates elected in South Dakota, who shall meet at the city of | ||
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systems of public schools, which shall be open to all the children of said | systems of public schools, which shall be open to all the children of said | ||
states, and free from sectarian control. | states, and free from sectarian control. | ||
+ | |||
+ | <WRAP center round box 60%> | ||
=== Indian Lands. === | === Indian Lands. === | ||
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under section 4 of the Enabling Act, congress could enact an act making | under section 4 of the Enabling Act, congress could enact an act making | ||
criminal the introduction of intoxicating liquor upon an allotment within the | criminal the introduction of intoxicating liquor upon an allotment within the | ||
- | limits of an Indian reservation. United States v. Sutton, 215 U.S. 291, 30 S. | + | limits of an Indian reservation. United States v. Sutton, |
- | Ct. 116, 54 L. Ed. 200 (1909). | + | |
Lands within South Dakota which were formerly a part of an Indian reservation | 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 | and not restored to the public domain and open to settlement, but held by an | ||
Indian allottee under a trust patent, are Indian lands over which the United | Indian allottee under a trust patent, are Indian lands over which the United | ||
- | States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. | + | States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. 1915). |
- | 1915). | + | |
Under the Enabling Act and the disclaimer provision in the Constitution of | Under the Enabling Act and the disclaimer provision in the Constitution of | ||
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Whether Indian pantentees of land in a reservation, | Whether Indian pantentees of land in a reservation, | ||
took to high or low watermark of a lake was not a question of state law. | took to high or low watermark of a lake was not a question of state law. | ||
- | Montana Power Co. v. Rochester, 127 F.2d 189 (9th Cir. 1942). | + | Montana Power Co. v. Rochester, |
== -Jurisdiction of State. == | == -Jurisdiction of State. == | ||
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reserve to the United States exclusive jurisdiction of civil causes of action | reserve to the United States exclusive jurisdiction of civil causes of action | ||
not involving lands, between Indians residing on reservations. Vermilion v. | not involving lands, between Indians residing on reservations. Vermilion v. | ||
- | Spotted Elk, 85 N.W.2d 432 (N.D. 1957). | + | Spotted Elk, [[https:// |
== -Voting Rights of Indians. == | == -Voting Rights of Indians. == | ||
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of an Indian reservation, | of an Indian reservation, | ||
been allotted to certain Indians and they were living upon the allotments and | been allotted to certain Indians and they were living upon the allotments and | ||
- | farming the same. State ex rel. Tompton v. Denoyer, 6 N.D. 586, 72 N.W. 1014 | + | farming the same. State ex rel. Tompton v. Denoyer, |
(1897). | (1897). | ||
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An act of the territorial legislature organizing an independent school district | An act of the territorial legislature organizing an independent school district | ||
was subject to amendment by the state legislature. Jones v. Brightwood Indep. | was subject to amendment by the state legislature. Jones v. Brightwood Indep. | ||
- | Sch. Dist., 63 N.D. 275, 247 N.W. 884 (1933). | + | Sch. Dist., |
== State Political and Governmental Control. == | == State Political and Governmental Control. == | ||
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not expressly reserved in the Congress of the United States, over certain | not expressly reserved in the Congress of the United States, over certain | ||
territory embraced in what is known as the Ft. Berthold Indian reservation. | territory embraced in what is known as the Ft. Berthold Indian reservation. | ||
- | State ex rel. Baker v. Mountrail County, 28 N.D. 389, 149 N.W. 120 (1914). | + | State ex rel. Baker v. Mountrail County, |
The state may rightfully exercise political and governmental control over lands | The state may rightfully exercise political and governmental control over lands | ||
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Indian school and Indian agency purposes, to the extent of including them | Indian school and Indian agency purposes, to the extent of including them | ||
within its political subdivisions for political and governmental purposes. La | within its political subdivisions for political and governmental purposes. La | ||
- | Duke v. Melin, 45 N.D. 349, 177 N.W. 673 (1920). | + | Duke v. Melin, |
== Unappropriated Public Lands. == | == Unappropriated Public Lands. == | ||
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The beds of navigable streams are not " | The beds of navigable streams are not " | ||
within the disclaimer of title contained in section 4 of the Enabling Act. | within the disclaimer of title contained in section 4 of the Enabling Act. | ||
- | State v. Loy, 74 N.D. 182, 20 N.W.2d 668 (1945). | + | State v. Loy, [[https:// |
+ | </ | ||
Section 5. That the convention which shall assemble at Bismarck shall form a | Section 5. That the convention which shall assemble at Bismarck shall form a | ||
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been submitted to a vote of the people of South Dakota. | been submitted to a vote of the people of South Dakota. | ||
- | Section 6. It shall be the duty of the constitutional conventions of North | + | ===== 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 | 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 | less than three members to each convention, whose duty it shall be to assemble | ||
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had been created by such states respectively. | had been created by such states respectively. | ||
- | Section 7. If the Constitutions formed for both North Dakota and South Dakota | + | ===== Section 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 | shall be rejected by the people at the elections for the ratification or | ||
rejection of their respective Constitutions as provided for in this act, the | rejection of their respective Constitutions as provided for in this act, the | ||
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admission of the proposed state. | admission of the proposed state. | ||
- | Section 8. That the constitutional convention which may assemble in South | + | ===== Section 8. ===== |
+ | That the constitutional convention which may assemble in South | ||
Dakota shall provide by ordinance for resubmitting the Sioux Falls Constitution | Dakota shall provide by ordinance for resubmitting the Sioux Falls Constitution | ||
of 1885, after having amended the same as provided in section 5 of this act, to | of 1885, after having amended the same as provided in section 5 of this act, to | ||
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states from and after the state of said proclamation. | states from and after the state of said proclamation. | ||
- | == Adoption of Article = | + | <WRAP center round box 60%> |
+ | |||
+ | == Adoption of Article | ||
An article of the Constitution which received a majority of all the votes cast | An article of the Constitution which received a majority of all the votes cast | ||
upon the question of its adoption and upon the question of the adoption of the | upon the question of its adoption and upon the question of the adoption of the | ||
Constitution was legally adopted though it failed to receive a majority of | Constitution was legally adopted though it failed to receive a majority of | ||
- | votes cast for governor. State ex rel. Larabee v. Barnes, 3 N.D. 319, 55 N.W. | + | votes cast for governor. State ex rel. Larabee v. Barnes, |
883 (1893). | 883 (1893). | ||
+ | </ | ||
- | Section 9. That until the next general census, or until otherwise provided by | + | ===== Section 9. ===== |
+ | That until the next general census, or until otherwise provided by | ||
law, said states shall be entitled to one representative in the house of | law, said states shall be entitled to one representative in the house of | ||
representatives to the fifty-first Congress, together with the Governors and | representatives to the fifty-first Congress, together with the Governors and | ||
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respective offices in each of said territories. | respective offices in each of said territories. | ||
- | Section 10. That upon the admission of each of said states into the union, | + | ===== Section 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 | sections numbered sixteen and thirty-six in every township of said proposed | ||
states, and where such sections, or any parts thereof, have been sold or | states, and where such sections, or any parts thereof, have been sold or | ||
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have been extinguished and such lands be restored to, and become a part of, the | have been extinguished and such lands be restored to, and become a part of, the | ||
public domain. | public domain. | ||
+ | |||
+ | <WRAP center round box 60%> | ||
== Bankruptcy Act Proceedings. == | == Bankruptcy Act Proceedings. == | ||
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permanency of the funds acquired through the grant. The state is limited to the | permanency of the funds acquired through the grant. The state is limited to the | ||
use of the interest from the permanent fund and the interest shall be used only | use of the interest from the permanent fund and the interest shall be used only | ||
- | for the support of schools. State ex rel. Bd. Of Univ. & Sch. Lands v. | + | for the support of schools. |
- | McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, | + | State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan, |
- | Cavalier, 59 N.D. 75, 228 N.W. 819 (1930). | + | [[https:// |
+ | Lang v. City of Cavalier, | ||
The assembly cannot divert nor authorize diversion of any part of the principal | The assembly cannot divert nor authorize diversion of any part of the principal | ||
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an individual, by the assembly directly, or by the board of university and | an individual, by the assembly directly, or by the board of university and | ||
school lands by legislative enactment is unconstitutional. State ex rel. Sathre | school lands by legislative enactment is unconstitutional. State ex rel. Sathre | ||
- | v. Board of Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935). | + | v. Board of Univ. & Sch. Lands, |
+ | </ | ||
- | Section 11. That all lands granted by this act shall be disposed of only at | + | ===== Section 11. ===== |
+ | That all lands granted by this act shall be disposed of only at | ||
public sale after advertising - tillable lands capable of producing | public sale after advertising - tillable lands capable of producing | ||
agricultural crops for not less than $10 per acre and lands principally | agricultural crops for not less than $10 per acre and lands principally | ||
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or any other entry under the land laws of the United States whether surveyed or | 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 | unsurveyed, but shall be reserved for the purposes for which they have been | ||
- | granted. | + | granted. |
- | Act of May 7, 1932, ch. 172, 47 Stat. 150; Act of June 25, 1938, ch. 700, 52 | + | |
- | Stat. 1198; Act of April 13, 1948, ch. 183, 62 Stat. 170; Act of June 28, 1952, | + | <WRAP center round box 60%> |
- | ch. 480, 66 Stat. 283; Act of June 30, 1967, Public Law 90-41, 81 Stat. 106; | + | |
- | Act of October 16, 1970, Public Law 91-463, 84 Stat. 987. | + | History: As amended by |
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
+ | [[https:// | ||
== Condemnation of School Lands. == | == Condemnation of School Lands. == | ||
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highway commission contemplates that title to lands shall be acquired, such | highway commission contemplates that title to lands shall be acquired, such | ||
procedure cannot be resorted to acquire school land granted to the state. State | procedure cannot be resorted to acquire school land granted to the state. State | ||
- | Hwy. Comm'n v. State, 70 N. D. 673, 297 N.W. 194 (1940). | + | Hwy. Comm'n v. State, |
== Oil and Gas Leases == | == Oil and Gas Leases == | ||
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Under the Enabling Act, as amended, the state has full power to provide for the | 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. | execution of oil 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). | + | Rausch v. Amerada Petro. Corp., |
== Taxation == | == Taxation == | ||
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the state, and no interest in the land is subject to taxation until a resale or | 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 | redemption is made. Upon reversion of the land to the state, all unpaid taxes | ||
- | levied thereon are canceled. State v. Towner County, 68 N.D. 629, 283 N.W. 63 | + | levied thereon are canceled. State v. Towner County, |
(1938). | (1938). | ||
- | Section 12. That upon the admission of each of said states into the union, in | + | </ |
+ | |||
+ | ===== 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 | accordance with the provisions of this act, fifty sections of the | ||
unappropriated public lands within said states, to be selected and located in | unappropriated public lands within said states, to be selected and located in | ||
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bonds issued for any of the above purposes. | bonds issued for any of the above purposes. | ||
- | Section 13. That five per centum of the proceeds of the sales of public lands | + | ===== Section 13. ===== |
+ | That five per centum of the proceeds of the sales of public lands | ||
lying within said states which shall be sold by the United States subsequent to | lying within said states which shall be sold by the United States subsequent to | ||
the admission of said states into the union, after deducting all the expenses | the admission of said states into the union, after deducting all the expenses | ||
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the common schools within said states, respectively. | the common schools within said states, respectively. | ||
- | Section 14. That the lands granted to the territories of Dakota and Montana by | + | ===== Section 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, | the Act of February 18, 1881, entitled "An Act to grant lands to Dakota, | ||
Montana, Arizona, Idaho, and Wyoming for university purposes," | Montana, Arizona, Idaho, and Wyoming for university purposes," | ||
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into the union, become the property of said state. | into the union, become the property of said state. | ||
- | Section 15. That so much of the land belonging to the United States as have | + | ===== Section 15. ===== |
+ | That so much of the land belonging to the United States as have | ||
been acquired and set apart for the purpose mentioned in "An act appropriating | been acquired and set apart for the purpose mentioned in "An act appropriating | ||
money for the erection of a penitentiary in the territory of Dakota," | money for the erection of a penitentiary in the territory of Dakota," | ||
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set apart and reserved therefor, are hereby granted to the state of Montana. | set apart and reserved therefor, are hereby granted to the state of Montana. | ||
- | Section 16. That ninety thousand acres of land, to be selected and located as | + | ===== Section 16. ===== |
+ | That ninety thousand acres of land, to be selected and located as | ||
provided in section 10 of this act, are hereby granted to each of said states | provided in section 10 of this act, are hereby granted to each of said states | ||
except to the state of South Dakota, to which one hundred twenty thousand acres | except to the state of South Dakota, to which one hundred twenty thousand acres | ||
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provided in the acts of Congress making donations of lands for such purposes. | provided in the acts of Congress making donations of lands for such purposes. | ||
- | Section 17. That in lieu of the grant of land for purposes of internal | + | ===== Section 17. ===== |
+ | That in lieu of the grant of land for purposes of internal | ||
improvement made to new states by the eighth section of the Act of September 4, | improvement made to new states by the eighth section of the Act of September 4, | ||
1841, which act is hereby repealed as to the states provided for by this act, | 1841, which act is hereby repealed as to the states provided for by this act, | ||
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of exclusively for the purposes herein mentioned, in such manner as the | of exclusively for the purposes herein mentioned, in such manner as the | ||
legislatures of the respective states may severally provide. | legislatures of the respective states may severally provide. | ||
+ | |||
+ | <WRAP center round box 60%> | ||
== In General. == | == In General. == | ||
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The power to determine the manner of the use of public lands granted by the | The power to determine the manner of the use of public lands granted by the | ||
Enabling Act is purely legislative and cannot be delegated to a commission. | Enabling Act is purely legislative and cannot be delegated to a commission. | ||
- | State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, | + | State ex rel. Rusk v. Budge, |
- | More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917). | + | More v. Western Grain Co., [[https:// |
== Charitable Purposes. == | == Charitable Purposes. == | ||
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purposes of the grant of land made by congress to the state for public | purposes of the grant of land made by congress to the state for public | ||
buildings at the capital under the Enabling Act. State ex rel. Rusk v. Budge, | buildings at the capital under the Enabling Act. State ex rel. Rusk v. Budge, | ||
- | 14 N.D. 532, 105 N.W. 724 (1905), distinguished, | + | [[https:// |
- | N.D. 547, 164 N.W. 294 (1917). | + | |
== Limitation on Legislative Disposal of Lands. == | == Limitation on Legislative Disposal of Lands. == | ||
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The Montana legislature must act in subordination to the state Constitution in | The Montana legislature must act in subordination to the state Constitution in | ||
executing the authority entrusted to it in section 17 of the Enabling Act. | executing the authority entrusted to it in section 17 of the Enabling Act. | ||
- | Montana ex rel. Haire v. Rice, 204 U.S. 291, 27 S. Ct. 281, 51 L. Ed. 490 | + | Montana ex rel. Haire v. Rice, [[https:// |
(1907). | (1907). | ||
- | Section 18. That all mineral lands shall be exempted from the grants made by | + | </ |
+ | |||
+ | ===== Section 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 | this act. But if sections sixteen and thirty-six, or any subdivision or portion | ||
of any smallest subdivision thereof in any township shall be found by the | of any smallest subdivision thereof in any township shall be found by the | ||
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benefit of the common schools of said states. | benefit of the common schools of said states. | ||
- | Section 19. That all lands granted in quantity or as indemnity by this act | + | ===== 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 | shall be selected, under the direction of the secretary of the interior, from | ||
the surveyed, unreserved, and unappropriated public lands of the United States | the surveyed, unreserved, and unappropriated public lands of the United States | ||
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Congress to said territories for similar objects. | Congress to said territories for similar objects. | ||
- | Section 20. That the sum of twenty thousand dollars or so much thereof as may | + | ===== Section 20. ===== |
+ | That the sum of twenty thousand dollars or so much thereof as may | ||
be necessary, is hereby appropriated, | be necessary, is hereby appropriated, | ||
otherwise appropriated, | otherwise appropriated, | ||
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States. | States. | ||
- | Section 21. That each of said states, when admitted as aforesaid, shall | + | ===== 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 | constitute one judicial district, the names thereof to be the same as the names | ||
of the states, respectively; | of the states, respectively; | ||
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Nebraska.] | Nebraska.] | ||
- | Section 22. That all cases of appeal or writ of error heretofore prosecuted and | + | ===== 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 | 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 | Supreme Court of either of the territories mentioned in this act, or that may | ||
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of said state into the union. | of said state into the union. | ||
- | Section 23. That in respect to all cases, proceedings, | + | ===== Section 23. ===== |
+ | That in respect to all cases, proceedings, | ||
in the Supreme or district Courts of either of the territories mentioned in | 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 | this act at the time of the admission into the union of either of the states | ||
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courts. | courts. | ||
- | Section 24. That the constitutional conventions may, by ordinance, provide for | + | ===== Section 24. ===== |
+ | That the constitutional conventions may, by ordinance, provide for | ||
the election of officers for full state governments, | the election of officers for full state governments, | ||
Legislatures and representatives in the fifty-first Congress; and said state | Legislatures and representatives in the fifty-first Congress; and said state | ||
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respectively. | respectively. | ||
- | Section 25. That all acts or parts of acts in conflict with the provisions of | + | ===== 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 | this act, whether passed by the Legislatures of said territories or by | ||
Congress, are hereby repealed. | Congress, are hereby repealed. | ||
- | Section 26. North Dakota Trust Funds. | + | ===== Section 26. North Dakota Trust Funds. |
(a) DISPOSITION. - Notwithstanding section 11, the State of North Dakota shall, | (a) DISPOSITION. - Notwithstanding section 11, the State of North Dakota shall, | ||
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are deposited under this Act (referred to in this section as the 'trust fund') | 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; | (1) deposit all revenues earned by a trust fund into the trust fund; | ||
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(3) manage each trust fund to - | (3) manage each trust fund to - | ||
+ | |||
+ | <WRAP indent> | ||
(A) preserve the purchasing power of the trust fund; and | (A) preserve the purchasing power of the trust fund; and | ||
(B) maintain stable distributions to trust fund beneficiaries. | (B) maintain stable distributions to trust fund beneficiaries. | ||
+ | |||
+ | </ | ||
+ | </ | ||
(b) DISTRIBUTIONS. - Notwithstanding section 11, any distributions from trust | (b) DISTRIBUTIONS. - Notwithstanding section 11, any distributions from trust |
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