North Dakota Constitution

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====== Constitution of North Dakota. ======


===== PREAMBLE. =====


We, the people of North Dakota, grateful to Almighty God for the blessings of
civil and religious liberty, do ordain and establish this Constitution.

===== ARTICLE I. DECLARATION OF RIGHTS. ===== 

Sec. 1. All men are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending life and
liberty; acquiring, possessing and protecting property and reputation; and
pursuing and obtaining safety and happiness.

Sec. 2. All political power is inherent in the people. Government is instituted
for the protection, security and benelit of the people, and they have a right to
alter or reform the same when ever the public good may require.

Sec. 3. The State of North Dakota is an inseparable part of the American Union
and the Constitution' of the United States is the supreme law of the land.

Sec. 4. The free excercise and enjoyment of religious profession and worship,
without discrimination or preference shall be forever guaranteed in this State,
and no person shall be rendered incompetent to be a witness or juror on account
of his opinion on matters of religious belief; but the liberty of conscience
hereby secured shall not be so construed as to excuse acts of licentiousness, or
justify practices inconsistent with the peace or safety of this State.

Sec. 5. The privilege of the writ of habeas corpus shall not be suspended
unless, when in case of rebellion or invasion, the public safety may require.

Sec. 6. All persons shall be bailable by sufficient sureties, unless for capital
offiences when the proof is evident or the presumption great. Excessive bail
shall not be required, nor excessive fines imposed, nor shall cruel or unusual
punishments be inflicted. Witnesses shall not be uureasonably detained, nor be
confined in any room where criminals are actually imprisoned.

Sec. 7. The right of trial by jury shall be secured to all, and remain
inviolate; but a jury in civil cases, in courts not of record may consist of
less than twelve men, as may be prescribed by law.

Sec. 8. Until otherwise provided by law, no person shall, for a felony, be
proceeded againt criminally, otherwise than by indictment, except in cases
arising in the land or naval forces, or in the militia when in actual service in
time of war or public danger. In all other cases, offences shall be prosecuted
criminally by indictment or information. The Legislative Assembly may change,
regulate or abolish the grand jury system.

Sec. 9. Every man may freely write, speak and publish his opinions on all
subjects, being responsible for the abuse of that privilege. In all civil and
criminal trials for libel the truth may be given in evidence, and shall be a
sufficient defense when the matter is published with good motives and for
justifiable ends; and the jury shall have the same power of giving a general
verdict as in other cases; and in all indictments on informations for libels the
jury shall have the right to determine the law and the facts under the direction
of the court as in other cases.

Sec. 10. The citizens have a right, in a peaceable manner, to assemble together
for the common good, and to apply to those invested with the powers of
government for the redress of grievances, or for other proper purposes, by
petition, address or remonstrance.

Sec. 11. All laws of a general nature shall have a uniform operation.

Sec. 12. The military shall be subordinate to the civil power. No standing army
shall be maintained by this State in time of peace, and no soldiers shall, in
time of peace, be quartered in any house without the consent of the owner; nor
in time of war, except in the manner prescribed by law.

Sec. 13. In criminal prosecutions in any court whatever, the party accused shall
have the right to a speedy and public trial; to have the process of the court to
compel the attendance of witnesses in his behalf; and to appear and defend in
person and with counsel. No person shall be twice put in jeopardy for the same
offense, nor be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty or property without due process of law.

Sec. 14. Private property shall not be taken or damaged for public use without
just compensation having been first made to, or paid into court for the owner,
and no right of way shall be appropriated to the use of any corporation, other
than municipal, until full compensation therefor be first made in money or
ascertained and paid into court for the owner, irrespective of any benefit from
any improvement proposed by such corporation, which compensation shall be
ascertained by a jury, unless a jury be waived.

Sec. 15. No person shall be imprisoned for debt unless upon refusal to deliver
up his estate for the benefit of his creditors, in such manner as shall be
prescribed by law; or in cases of tort: or where there is strong presumption of
fraud.

Sec. 16. No bill of attainder, ex post facto law, or law impairing the
obligations of contracts shall ever be passed.

Sec. 17. Neither slavery nor involuntary servitude, unless for the punishment of
crime, shall ever be tolerated in this- state.

Sec. 18. The right of the people to be secure in their persons, houses, papers
and effects, against uureasonable searches and seizures, shall not be violated;
and no warrant shall issue but upon probable cause, supported by oath or
affirmation, particularly describing the place to be searched and the persons
and things to be seized.

Sec. 19. Treason against the State shall consist only in levying war against it,
adhering to its enemies or giving them aid and comfort. No person shall be
convicted of treason unless on the evidence of two witnesses to the same overt
act, or confession in open court.

Sec. 20. No special privileges or immunities shall ever be granted which may not
be altered, revoked or repealed by the Legislative Assembly; nor shall any
citizen or class of citizens be granted privileges or immunities which upon the
same terms shall not be granted to all citizens.

Sec. 21. The provisions of this Constitution are mandatory and prohibitory
unless, by express words, they are declared to be otherwise.

Sec. 22. All courts shall be open, and every man for any injury done him in his
lands, goods, person or reputation shall have remedy by due process of law, and
right and justice administered without sale, denial or delay. Suits may be
brought against the State in such manner, in such courts, and in such cases, as
the Legislative Assembly may, by law, direct.

Sec. 23. Every citizen of this State shall be free to obtain employment wherever
possible, and any person, corporation or agent thereof, maliciously interfering
or hindering in any way, any citizen from obtaining or enjoying employment
already obtained, from any other corporation or person, shall be deemed guilty
of a misdemeanor.

Sec. 24. To guard against transgressions of the high powers which we have
delegated, we declare that everything in this article is excepted out of the
general powers of government and shall forever remain inviolate.

===== ARTICLE II.  THE LEGISLATIVE DEPARTMENT. =====

Sec. 25 (in Article 2 as Amended by Article 15 of Amendment).  The legislative
power of this state shall be vested in a legislature consisting of a senate and
a house of representatives. The people, however, reserve the power, first, to
propose measures and to enact or reject the same at the polls; second, to
approve or reject at the polls any measure or any item, section, part or parts
of any measure enacted by the legislature.

The first power reserved is the initiative. Ten thousand electors at large may
propose any measure by initiative petition. Every such petition shall contain
the full text of the measure and shall be filed with the Secretary of State not
less than ninety days before the election at which it is to be voted upon. 

The second power reserved is the referendum. Seven thousand electors at large
may, by referendum petition, suspend the operation of any measure enacted by
the legislature, except an emergency measure. But the filing of a referendum
petition against one or more items, sections or parts of any measure, shall not
prevent the remainder from going into effect. Such petition shall be filed with
the Secretary of State not later than ninety days after the adjournment of the
session of the legislature at which such measure was enacted. 

Each measure initiated by or referred to the electors, shall be submitted by
its ballot title, which shall be placed upon the ballot by the Secretary of
State and shall be voted upon at any state-wide election designated in the
petition, or at a special election called by the Governor. The result of the
vote upon any measure shall be canvassed and declared by the board of
canvassers. 

Any measure, except an emergency measure, submitted to the electors of the
state, shall become a law when approved by a majority of the votes cast
thereon. And such law shall go into effect on the 30th day after the election,
unless otherwise specified in the measure. 

If a referendum petition is filed against an emergency petition such measure
shall be a law until voted upon by the electors. And if it is then rejected by
a majority of the votes cast thereon, it shall he thereby repealed. Any such
measure shall be submitted to the electors at a special election if so ordered
by the Governor, or if the referendum petition filed against it shall be signed
by thirty thousand electors at large. Such special election shall be called by
the Governor, and shall be held not less than one hundred nor more than one
hundred thirty days after the adjournment of the session of the legislature.

The Secretary of State shall pass upon each petition, and if he finds it
insufficient, he shall notify the "Committee for the Petitioners" and allow
twenty days for correction or amendment. All decisions of the Secretary of
State in regard to any such petition shall be subject to review by the Supreme
Court. But if the sufficiency of such petition is being reveiwed at the time
the ballot is prepared, the Secretary of State shall place the measure on the
ballot and no subsequent decision shall invalidate such measure if it is at
such election approved by a majority of the votes cast thereon.  If procedlngs
are brought against any petition upon any ground, the burden of proof shall be
upon the party attacking it. 

No law shall be enacted limiting the number of copies of a petition which may
be circulated. Such copies shall become part of the original petition when
filed or attached thereto. Nor shall any law be enacted prohibiting any person
from giving or receiving compensation for circulating the petitions, nor in any
manner interfering with the freedom in securing signatures to petitions. 

Each petition shall have printed thereon a ballot title, which shall fairly
represent the subject matter of the measure, and the names of at least five
electors who shall, constitute the "committee for the petitioners" and who
shall represent and act for the petitioners. 

All measures submitted to the electors shall be published by the state as
follows: "The Secretary of State shall cause to be printed and mailed to each
elector a publicity pamphlet, containing a copy of each measure together with
its ballot title, to be submitted at any election. Any citizen, or the officers
of any organization, may submit to the Secretary of State for publication in
such pamphlet, arguments concerning any measure therein, upon first subscribing
their names and addresses thereto and paying the fee therefor, which, until
otherwise fixed by the legislature, shall be the sum of two hundred dollars per
page." 

The enacting clause of all measures initiated by the electors shall be: "Be it
enacted by the people of the State of North Da kota." In submitting measures
to the electors, the Secretary of State and all other officials shall be guided
by the election laws until additional legislation shall be provided. 

If conflicting measures initiated by or referred to the electors shall be
approved by a majority of the votes cast thereon, the one receiving the highest
number of affirmative votes shall become the law. 

The word "measure" as used herein shall include any law or amendment thereto,
resolution, legislative proposal or enactment of any character. 

The veto power of the Governor shall not extend to the measures initiated by or
referred to the electors. No measure enacted or approved by a vote of the
electors shall be repealed or amended by the legislature, except upon a yea and
nay vote upon roll call of two-thirds of all the members elected to each house. 

This section shall be self executing and all of its provisions shall be treated
as mandatory. Laws may be enacted to facilitate its operation, but no laws
shall be enacted to hamper, restrict or impair the exercise of the rights
herein reserved to the'people.

Sec. 26. The Senate shall be composed of not less than thirty nor more than
fifty members.

Sec. 27. Senators shall be elected for the term of four years, except as
hereinafter provided.

Sec. 28. No person shall be a senator who is not a qualified elector in the
district in which he may be chosen, and who shall not have attained the age of
twenty-five years, and have been a resident of the State or Territory for two
years next preceding his election.

Sec. 29. The Legislative Assembly shall fix the number of Senators, and divide
the State into as many senatorial districts as there are senators, which
districts as nearly as may be, shall be equal to each other in the number of
inhabitants entitled to representation. Each district shall be entitled to one
Senator and no more, and shall be composed of compact and contiguous territory;
and no portion of any county shall be attached to any other county, or part
thereof, so as to form a district. The districts as thus ascertained and
determined shall continue until changed by law.

Sec. 30. The senatorial districts shall be numbered consecutively from one
upwards, according to the number of districts prescribed, and the Senators shall
be divided into two classes. Those elected in the districts designated by even
numbers shall constitute one class, and those elected in districts designated by
odd numbers shall constitute the other class. The Senators of one class, elected
in the year 1890, shall hold their office for two years, those of the other
class shall hold their office four years, and the determination of the two
classes shall be by lot, so that one-half of the Senators, as nearly as
practicable, may be elected biennially.

Sec. 31. The Senate, at the beginning and close of each regular session, and at
such other times as may be necessary, shall elect one of its members President
pro tempore, who may take the place of the Lieutenant Governor under rules
prescribed by law.

Sec. 32. The House of Representatives shall be composed of not less than sixty,
nor more than one hundred and forty members.

Sec. 33. Representatives shall be elected for the term of two years.

Sec. 34. No person shall be a Kepresentative who is not a qualified elector in
the district for which he may be chosen, and who shall not have attained the age
of twenty-one years, and have been a resident of the State or Territory for two
years next preceding his election.

Sec. 35. The members of the House of Representatives shall be apportioned to and
elected at large from each senatorial district. The Legislative Assembly shall,
in the year 1895, and every tenth year, cause an enumeration to be made of all
the inhabitants of this State, and shall at its first regular session after each
such enumeration, and also after each federal census, proceed to fix by law the
number of Senators, which shall constitute the Senate of North Dakota, and the
number of Representatives which shall constitute the House of Representatives of
North Dakota, within the limits prescribed by this Constitution, and at the same
session shall proceed to reapportion the State into senatorial districts, as
prescribed by this Constitution, and to fix the number of members of the House
of Representatives, to be elected from the several senatorial districts;
Provided, That the Legislative Assembly may, at any regular session, redistrict
the State into senatorial districts, and apportion the Senators and
Representatives respectively.

Sec. 36. The House of Representatives shall elect one of its members as Speaker.

Sec. 37. No judge or clerk of any court, secretary of state, attorney general,
register of deeds, sheriff or person holding any office of profit under this
State, except in the militia or the office of attorney-at-law, notary public or
justice of the peace, and no person holding any office of profit or honor under
any foreign government, or under the government of the United States, except
postmasters whose annual compensation does not exceed the sum of $300, shall
hold any office in either branch of the Legislative Assembly or become a member
thereof.

Sec. 38. No member of the Legislative Assembly, expelled for corruption, and no
person convicted of bribery, perjury or other infamous crime shall be eligible
to the Legislative Assembly, or to any office in either branch thereof.

Sec. 39. No member of the Legislative Assembly shall, during the term for which
he was elected, be appointed or elected to any civil office in this State, which
shall have been created, or the emoluments of which shall have been increased,
during the term for which he was elected; nor shall any member receive any civil
appointment from the Governor, or Governor and Senate, during the term for which
he shall have been elected.

Sec. 40. If any person elected to either house of the Legislative Assembly
shall offer or promise to give his vote or influence, in favor of, or against
any measure or proposition pending or proposed to be introduced into the
Legislative Assembly, in consideration, or upon conditions, that any other
person elected to the same Legislative Assembly will give, or will promise or
assent to give, his vote or influence in favor of or against any other measure
or proposition, pending or proposed to be introduced into such Legislative
Assembly, the person making such offer or promise shall be deemed guilty of
solicitation of bribery. If any member of the Legislative Assembly, shall give
his vote or iufluence for or against any measure or proposition, pending or
proposed to be introduced into such Legislative Assembly, or offer, promise or
assent so to do upon condition that any other member will give, promise or
assent to give his vote or influence in favor of or against any other such
measure or proposition pending or pro posed to be introduced into such
Legislative Assembly, or in consideration that any other member hath given his
vote or influence, for or against any other measure or propositiau in such
Legislative Assembly, he shall be deemed guilty of bribery.  And any person,
member of the Legislative Assembly or person elected thereto, who shall be
guilty of either such offenses, shall be expelled, and shall not, thereafter be
eligible to the Legislative Assembly, and, on the conviction thereof in the
civil courts, shall be liable to such further penalty as may be prescribed by
law.

Sec. 41. The term of service of the members of the Legislative Assembly shall
begin on the first Tuesday in January next, after their election.

Sec. 42. The members of the Legislative Assembly shall in all eases except
treason, felony and breach of the peace, be privileged from arrest during their
attendance at the sessions of their respective houses, and in going to or
returning from the same. For wprds used in any speech or debate in either house,
they shall not be questioned in any other place.

Sec. 43. Any member who has a personal or private interest in any measure or
bill proposed or pending before the Legislative Assembly, shall disclose the
fact to the house of which he is a member, and shall not vote thereon without
the consent of the house.

Sec. 44. The Governor shall issue writs of election to fill such vacancies as
may occur in either house of the Legislative Assembly.

Sec. 45. Each member of the Legislative Assembly shall receive as a compensation
for his services for each session, five dollars per day, and ten cents for every
mile of necessary travel in going to and returning from the place of the meeting
of the Legislative Assembly, on the most usual route.

Sec. 46. A majority of the members of each house shall constitute a quorum, but
a smaller number may adjourn from day to day, and may compel the attendance of
absent members, in such a manner, and under such a penalty, as may be prescribed
by law.

Sec. 47. Each house shall be the judge of the election returns and
qualifications of its own members.

Sec. 48. Each house shall have the power to determine the rules of proceeding,
and punish its members or other persons for contempt or disorderly behavior in
its presence; to protect its members against violence or offers of bribes or
private solicitation, and with the concurrence of two-thirds, to expel a member,
and shall have all other powers necessary and usual in the Legislative Assembly
of a free state. But no imprisonment by either house shall continue beyond
thirty days. Punishment for contempt or disorderly behavior shall not bar a
criminal prosecution for the same offense.

Sec. 49. Each house shall keep a journal of its proceedings, and the yeas and
nays on any question shall be taken and entered on the journal at the request of
one-sixth of those present.

Sec. 50. The sessions of each house and of the Committee of the Whole shall be
open unless the business is such as ought to be kept secret.

Sec. 51. Neither house shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in which the two houses shall
be sitting, except in case of epidemic, pestilence or other great danger.

Sec. 52. The Senate and House of Representatives jointly shall be designated as
the Legislative Assembly of the State of North Dakota.

Sec. 53. The Legislative Assembly shall meet at the seat of government at 12
o'clock noon on the first Tuesday after the first Monday in January, in the year
next following the election of the members thereof.

Sec. 54. In all elections to be made by the Legislative Assembly, or either
house thereof, the members shall vote viva voce, and their votes shall be
entered in the journal.

Sec. 55. The sessions of the Legislative Assembly shall be biennial, except as
otherwise provided in this Constitution.

Sec. 56. No regular sessions of the Legislative Assembly shall exceed sixty
days, except in case of impeachment, but the first session of the Legislative
Assembly may continue for a period of one hundred and twenty days.

Sec. 57. Any bill may originate in either house of tho Legislative Assembly, and
a bill passed by one house may be amended by the other.

Sec. 58. No law shall be passed, except by a bill adopted by both houses, and no
bill shall be so altered and amended on its passage through either house as to
change its original purpose.

Sec. 59. The enacting clause of every law shall be as follows: Be it enacted by
the Legislative Assembly of the State of North Dakota.

Sec. 60. No bill for the appropriation of money, except for the expenses of the
government, shall be introduced after the fortieth day of the session, except by
unanimous consent of the house in which it is sought to be introduced.

Sec. 61. No bill shall embrace more than one subject, which shall be expressed
in its title, but a bill which violates this provision shall be invalidated
thereby only as to so much thereof as shall not be so expressed.

Sec. 62. The general appropriation bill shall embrace nothing but appropriations
for the expenses of the Executive, Legislative and Judicial Departments of the
State, interest on the public debt and for public schools. All other
appropriations shall be made by separate bills, each embracing but one subject.

Sec. 63. Every bill shall be read two separate times, but the first and second
readings may not be upon the same day; and the first reading may be by title of
the bill only, unless upon such first reading, a reading at length is demanded.
The second reading shall be at length. No legislative day shall be shorter than
the natural day.

Sec. 64. No bill shall be revised or amended, nor the provisions thereof
extended or incorporated in any other bill by reference to its title only, but
so much thereof as is revised, amended or extended or so incorporated, shall be
re-enacted and published at length.

Sec. 65. No bill shall become a law except by a vote of the majority of all the
members elect in each house, nor unless, on its final passage, the vote be taken
by yeas and nays, and the names of those voting be entered on the Journal.

Sec. 66. The presiding officer of each house shall, in the presence of the house
over which he presides, sign all bills and joint resolutions passed by the
Legislative Assembly ; immediately before such signing their title shall be
publicly read, and the fact of signing shall be at once entered on the Journal.

Sec. 67. No act of the legislative assembly shall take effect until July first
after the close of the session, unless the legislature by a vote of two-thirds
of the members present and voting, in each house, shall declare it an emergency
measure, which declaration shall be set forth in the act, provided, however,
that no act granting a franchise or special privilege, or act creating any
vested right or interest other than in the state, shall be declared an
emergency measure. An emergency measure shall take effect and be in force from
and after its passage and approval by the Governor. 

Sec. 68. The Legislative Assembly shall pass all laws necessary to carry into
effect the provisions of this Constitution.

Sec. 69. The Legislative Assembly shall not pass local or special laws in any of
the following enumerated cases, that is to say:

1. For granting divorces.

2. Laying out, opening, altering or working roads or highways, vacating roads,
town plats, streets, alleys or public grounds.

3. Locating or changing county seats.

4. Regulating county or township affairs.

5. Regulating the practice of courts of justice.

6. Regulating the jurisdiction and duties of justices of the peace, police
magistrates or constables.

7. Changing the rules of evidence in any trial or inquiry.

8. Providing for changes of venue in civil or criminal cases.

9. Declaring any person of age.

10. For limitation of civil actions, or giving effect to informal or invalid
deeds.

11. Summoning or impannelintr grand or petit juries.

12. Providing for the management of common schools.

13. Regulating the rate of interest on money.

14. The opening or conducting of any election, or designating the place of
voting.

15. The sale or mortgage of real estate belonging to minors or othere under
disability.

16. Chartering or licensing ferries, toll bridges or toll roads.

17. Remitting fines, penalties or forfeitures.

18. Creating, increasing or decreasing fees, percentages or allowances of public
officers.

19. Changing the law of descent.

20. Granting to any corporation, association or individual the right to lay down
railroad tracks, or any special or exclusive privilege, immunity or franchise
whatever.

21. For the punishment of crimes.

22. Changing the names of persons or places.

23. For the assessment or collection of taxes.

24. Affecting estates of deceased persons, minors or others under legal
disabilities.

25. Extending the time for the collection of taxes.

26. Refunding money into the State Treasury.

27. Relinquishing or extinguishing in whole or in part the indebtedness,
liability or obligation of any corporation or person to this State, or to any
municipal corporation therein.

28. Legalizing, except as against the State, the unauthorized or invalid act of
any officer.

29. Exempting property from taxation.

30. Restoring to citizenship persons convicted of infamous crimes.

31. Authorizing the creation, extension or impairing of liens.

32. Creating offices, or prescribing the powers or duties of officers in
counties, cities, townships, election or school districts, or authorizing the
adoption or legitimation of children.

33. Incorporation of cities, towns or villages, or changing or amending the
charter of any town, city or village.

34. Providing for the election of members of the Board of Supervisors in
townships, incorporated towns or cities.

35. The protection of game or fish.

Sec. 70. In all other cases where a general law can be made applicable, no
special law shall be enacted; nor shall the Legislative Assembly indirectly
enact such special or local law by the partial repeal of a general law; but laws
repealing local or special acts may be passed.

===== ARTICLE III.  EXECUTIVE DEPARTMENT. =====

Sec. 71. The executive power shall be vested in a Governor, who shall reside at
the seat of government, and shall hold his office for the term of two years and
until his successor is elected and duly qualified.

Sec. 72. A Lieutenant Governor shall be elected at the same time and for the
same term as the Governor. In case of the death, impeachment, resignation,
failure to qualify, absence from the State, removal from office, or the
disability of the Governor, the powers and duties of the office for the residue
of the term, or until he shall be acquitted, or the disability be removed, shall
devolve upon the Lieutenant Governor.

Sec. 73. No person shall be eligible to the office of Governor or Lieutenant
Governor unless he be a citizen of the United States, and a qualified elector of
the State, who shall have attained the age of thirty years, and who shall have
resided five years next preceding the election within the State or Territory,
nor shall he be eligible to any other office during the term for which he shall
have been elected.

Sec. 74. The Governor and Lieutenant Governor shall be elected by the qualified
electors of the State at the time and places of choosen members of the
Legislative Assembly. The persons having the highest number of votes for
Governor and Lieutenant Governor respectively shall be declared elected, but if
two or more shall have an equal and highest number of votes for Governor or
Lieutenant Governor, the two houses of the Legislative Assembly at its next
regular session shall forthwith, by joint ballot, choose one of such persons for
said office. The returns of the election for Governor and Lieutenant Governor
shall be made in such manner as shall be prescribed by law.

Sec. 75. The Governor shall be Commander-in-Chief of the military and naval
forces of the State, except when they shall be called into the service of the
United States, and may call out the same to execute the laws, suppress
insurrection and repel invasion.  He shall have power to convene the Legislative
Assembly on ex traordinary occasions. He shall at the commencement of each
session communicate to the Legislative Assembly by message, in formation of the
condition of the State, and recommend such measures as he shall deem expedient.
He shall transact all necessary business with the officers of the government,
civil and military. He shall expedite all such measures as may be resolved upon
by the Legislative Assembly, and shall take care that the laws be faithfully
executed.

Sec. 76. The governor shall have power in conjunction with the board of pardons,
of which the governor shall be ex-officio a member and the other members of
which shall consist of the attorney general of the state of North Dakota, the
chief justice of the supreme court of the state of North Dakota, and two
qualiï¬ed electors who shall be appointed by the governor, to remit ï¬nes and
forfeitures, to grant reprieves, comumutations and pardons after conviction for
all offenses except treason and cases of impeachment; but the legislative
assembly may by law regulate the manner in which the remission of ï¬nes, pardons,
commutations and reprieves may be applied for. Upon conviction of treason the
governor shall have the power to suspend the execution of sentence until the
case shall be reported to the legislative assembly at its next regular session,
when the legislative assembly shall either pardon or commute the sentence,
direct the execution of the sentence or grant further reprieve. The governor
shall communicate to the legislative assembly at each regular session each case
of remission of ï¬ne, reprieve, commutation or pardon granted by the board of
pardons, stating the name of the convict, the crime for which he is convicted,
the sentence and its date and the date of remission, commutation, pardon or
reprieve, with their reasons for granting the same.

Sec. 77. The Lieutenant Governor shall be President of the Senate, but shall
have no vote unless they be equally divided. If, during a vacancy in the office
of Governor, the Lieutenant Governor shall be impeached, displaced, resign or
die, or from mental or physical disease, or otherwise become incapable of
performing the duties of his office, the Secretary of State shall act as
Governor until the vacancy shall be filled or the disability removed.

Sec. 78. When any office shall from any cause become vacant, and no mode is
provided by the Constitution or law for filling such vacancy, the Governor shall
have power to fill such vacancy by appointment.

Sec. 79. Every bill which shall have passed the Legislative As sembly shall,
before it becomes a law, be presented to the Governor. If he approve, he shall
sigh, but if not, he shall return it with his objections to the house in which
it originated, which shall enter the objections at large upon the Journal and
proceed to reconsider it. If, after such reconsideration, two-thirds of the
members elect shall agree to pass the bill, it shall be sent, together with the
objections, to the other house, by which it shall likewise be reconsidered, and
if it be approved by two-thirds of the members elect, it shall become a law; but
in all such cases the vote of both houses shall be determined by the yeas and
nays, and the names of the members voting for and against the bill shall be
entered upon the Journal of each house respectively. If any bill shall not be
returned by the Governor within three days (Sundays excepted) after it shall
have been presented to him, the same shall be a law, unless the Legislative
Assembly by its adjournment, prevent its return, in which case it shall be a
law, unless he shall file the same with his objections in the office of the
Secretary of State, within fifteen days after such adjournment.

Sec. 80. The Governor shall have power to disapprove of any item or items, or
part or parts of any bill making appropriations of money or property embracing
distinct items, and the part or parts of the bill approved shall be the law, and
the item or items, and part or parts disapproved shall be void, unless enacted
in the following manner: If the Legislative Assembly be in session he shall
transmit to the house in which the bill originated a copy of the item or items,
or part or parts thereof disapproved, together with his objections thereto, and
the items or parts objected to shall be separately reconsidered, and each item
or part shall then take the same course as is prescribed for the passage of
bills over the executive veto.

Sec. 81. Any Governor of this State who asks, receives or agrees to receive any
bribe upon any understanding that his official opinion, judgment or action shall
be influenced thereby, or who gives or offers, or promises his official
influence in consideration that any member of the Legislative Assembly shall
give his official vote or influence on any particular side of any question or
matter upon which he may be required to act in his official capacity, or who
menaces any member by the threatened use of his veto power, or who offers or
promises any member that he, the said Governor will appoint any particular
person or persons to any office created or thereafter to be created, in
consideration that any member shall give his official vote or influence on any
matter pending or thereafter to be introduced into either house of said
Legislative Assembly, or who threatens any member that he, the said Governor,
will remove any person or persons from office or position with intent in any
manner to influence the action of said member, shall be punished in the manner
now or that may here after be provided by law, and upon conviction thereof shall
forfeit all right to hold or exercise any office of trust or honor in this
State.

Sec. 82. There shall be chosen by the qualified electors of the state at the
times and places of choosing members of the legislative assembly, a secretary of
state, auditor, treasurer, superintendent of public instruction, commissioner of
insurance, three public service commissioners, an attorney general, a
commissioner of agriculture and labor, and a tax commissioner, who shall have
attained the age of twenty-five years and shall have the qualifications of state
electors.  They shall severally hold their offices at the seat of government for
the term of two years and until their successors are elected and duly qualified;
but no person shall be eligible for the office of treasurer for more than two
consecutive terms; provided, however, the tax commissioner shall hold his office
for the term of four years and until his successor is elected and duly
qualified; and provided, further, that the public service commissioners shall
severally hold their offices for the term of six years and until their
successors are elected and duly qualified.

The tax commissioner shall be elected on a no-party ballot and he shall be
nominated and elected in the manner now provided for the nomination and election
of the superintendent of public instruction.  The first election of a tax
commissioner shall not occur until the year 1940.

At the general election in 1940 there shall be chosen two public service
commissioners to fill the two terms expiring on the first Monday in January,
1941. The candidate at said election receiving the highest number of votes shall
be elected for a term of six years, and the candidate receiving the next highest
number of votes shall be elected for a term of four years. Thereafter there
shall be chosen one such public service commissioner every two years.

The board of railroad commissioners shall hereafter be known as the public
service commission and the members of the board of railroad commissioners as
public service commissioners and the powers and duties now or hereafter granted
to and conferred upon the board of railroad commissioners are hereby transferred
to the public service commission.

Sec. 83. The powers and duties of the Secretary of State, Auditor, Treasurer,
Superintendent of Public Ins:ruction, Commissioner of Insurance, Commissioners
of Railroads, Attorney General and Commissioner of Agriculture and Labor, shall
be as prescribed by law.

Sec. 84. Until otherwise provided by law, the Governor shall receive an annual
salary of three thousand dollars; the Lieutenant Governor shall receive an
annual salary of one thousand dollars; the Secretary of State, Auditor,
Treasurer, Superintendent of Public Instruction, Commissioner of Insurance,
Commissioners of Railroads and Attorney General shall each receive an annual
salary of two thousand dollars; the salary of the Commissioner of Agriculture
and Labor shall be as prescribed by law, but the salaries of any of the said
officers shall not be increased or diminished during the period for which they
shall have been elected, and all fees and profits arising from any of the said
offices shall be covered into the State treasury.

===== ARTICLE IV.  JUDICIAL DEPARTMENT. =====

Sec. 85. The judicial power of the State of North Dakota shall be vested in a
supreme court, district courts, county courts, justices of the peace, and in
such other courts as may be created by law for cities, incorporated towns and
villages.

Sec. 86. The supreme court, except as otherwise provided in this Constitution,
shall have appellate jurisdiction only, which shall be co-extensive with the
State and shall have a general superintending control over all inferior courts
under such regulations and limitations as may be prescribed by law.

Sec. 87. It shall have power to issue writs of habeas corpus, mandamus, quo
warranto, certiorari, injunction, and such other original and remedial writs as
may be necessary to the proper exercise of its jurisdiction, and shall have
authority to hear and determine the same; Provided, however, that no jury trials
shall be allowed in said supreme court, but in proper cases questions of fact
may be sent by said court to a district court for trial.

Sec. 88. Until otherwise provided by law three terms of the supreme court shall
be held each year, one at the seat of government, one at Fargo, in the county of
Cass, and one at Grand Forks, in the county of Grand Forks.

Sec. 89. The Supreme Court shall consist of five judges, a majority of whom
shall be necessary to form a quorum or pronounce a decision, but one or more of
said, judges may adjourn the court from day to day or to a day certain,
provided, however, that in no case shall any legislative enactment or law of
the State of North Dakota be declared unconstitutional unless at least four of
the judges shall so decide.

Sec. 90. The judges of the Supreme Court shall be elected by the qualified
electors of the State at general elections. The term of office shall be ten
years and the judges shall hold their offices until their successors are duly
qualified and shall receive such compensation for their services as may be
prescribed by law. Provided that this section shall not be applicable to the
terms of office of judges of the Supreme Court elected prior to the general
election of the year 1934, at which election three Supreme Court Judges shall be
chosen; and the candidate at said election receiving the highest number of votes
shall be elected for a term of ten years, the candidate receiving the next
highest number of votes shall be elected for a term of eight years and the
candidate receiving the next highest number of votes shall be elected for a term
of six years.

Sec. 91. The term of office of the judges of the supreme court, except as in
this article otherwise provided, shall be six years, and they shall hold their
offices until their successors are duly qualified.

Sec. 92. The judges of the supreme court shall, immediately after the first
election under this Constitution, be classified by lot so that one shall hold
his office for the term of three years, one for the term of five years and one
for the term of seven years from the first Monday in December, A. D. 1889. The
lots shall be drawn by the judges who shall for that purpose assemble at the
seat of government, and they shall cause the result thereof to be certified to
the Secretary of the Territory and filed in his office unless the Secretary of
State of North Dakota shall have entered upon the duties of his office, in which
event said certification shall be filed therein. The judge having the shortest
term to serve, not holding his office by election or appointment to fill a
vacancy, shall be Chief Justice and shall preside at all terms of the supreme
court and in case of his absence the judge having in like manner the next
shortest term to serve shall preside in his stead.

Sec. 93. There shall be a clerk and also a reporter of the supreme court, who
shall be appointed by the judges thereof, and who shall hold their offices
during the pleasure of said judges, and whose duties and emoluments shall be
prescribed by law and by rules of the supreme court not inconsistent with law.
The Legislative Assembly shall make provision for the publication and
distribution of the decisions of the supreme court and for the sale of the
published volumes thereof.

Sec. 94. No person shall be eligible to the office of judge of the supreme court
unless he be learned in the law, be at least thirty years of age and a citizen
of the United States, nor unless he shall have resided in this State or
Territory of Dakota three years next preceding his election.

Sec. 95. Whenever the population of the State of North Dakota shall equal six
hundred thousand the Legislative Assembly shall have the power to increase the
number of the judges of the supreme court to five, in which event a majority of
said court, as thus increased, shall constitute a quorum.

Sec 96. No duties shall be imposed by law upon the supreme court or auy of the
judges thereof, except such as are judicial, nor shall auy of the judges thereof
exercise auy power of appointment except as herein provided.

Sec. 97. The style of all process shall be "The State of North Dakota." All
prosecutions shall be carried ou in the name and by the authority of the State
of North Dakota, and conclude "against the peace and dignity of the State of
North Dakota."

Sec. 98. Any vacancy happening by death, resignation or otherwise in the office
of judge of the supreme court shall be filled by appointment, by the Governor,
which appointment shall continue until the first general election thereafter,
when said vacancy shall be filled by election.

Sec. 99. The judges of the supreme and district courts shall receive such
compensation for their services as may be prescribed by law, which compensation
shall not be increased or diminished during the term for which a judge shall
have been elected.

Sec. 100. In case a judge of the supreme court shall be in any way interested in
a cause brought before said court, the remaining judges of said court shall call
one of the district judges to sit with them on the hearing of said cause.

Sec. 101. When a judgment or decree is reversed or confirmed by the supreme
court every point fairly arising upon the record of the case shall be considered
and decided, and the reasons there for shall be concisely stated in writing,
signed by the judges concurring, filed in the office of the clerk of the supreme
court and preserved with a record of the case. Any judge dissenting there from
may give the reasons of his dissent in writing over his signature.

Sec. 102. It shall be the duty of the court to prepare a syllabus of the points
adjudicated in each case, which shall be concurred in by a majority of the
judges thereof, and it shall be prefixed to the published reports of the case.

DISTRICT COURTS.  Sec. 103. The district court shall have original jurisdiction,
except as otherwise provided in this Constitution, of all causes both at law and
equity, and such appellate jurisdiction as may be conferred by law. They and the
judges thereof shall also have jurisdiction and power to issue writs of habeas
corpus, quo warranto, certiorari, injunction and other original and remedial
writs, with authority to hear and determine the same.

Sec. 104. The State shall be divided into not less than six judicial districts,
in each of which there shall be elected at general elections by the electors
thereof one or more judges of the District Court therein as may be provided by
law. The term of office of a Judge of the District Court hereafter elected shall
be six years from the first Monday in January succeeding his election and he
shall hold his office until his successor is duly qualified. At the general
election in 1932 there shall be elected as many judges as there are judgeships
to be filled in each Judicial District; the candidate receiving the highest
number of votes shall be elected to a term of six years, the candidate receiving
the next highest number of votes shall be elected to a term of four years, and
in case three judges are to be elected, the candidate receiving the next highest
number of votes shall be elected to a term of two years, and thereafter each
judge shall be elected to a term of six years.

Sec. 105. Until otherwise provided by law said districts shall be constituted as
follows:

District No. One shall consist of the counties of Pembina, Cavalier, Walsh,
Nelson and Grand Forks.

District No. Two shall consist of the counties of Ramsey, Towner, Benson,
Pierce, Rolette, Bottineau, McHenry, Church, Renville, Ward, Stevens,
Mountraille, Garfield, Flannery and Buford.

District No. Three shall consist of the counties of Cass, Steele and Traill.

District No. Four shall consist of the counties of Richland, Ransom, Sargent,
Dickey and McIntosh.

District No. Five shall consist of the counties of Logan, LaMoure, Stutsman,
Barnes, Wells, Foster, Eddy and Griggs.

District No. Six shall consist of the counties of Burleigh, Emmons, Kidder,
Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark, Hettinger, Bowman,
Billings, McKenzie, Dunn, Wallace and Allred, and that portion of the Sioux
Indian Reservation lying north of the Seventh Standard parallel.

Sec. 106. The Legislative Assembly may whenever two-thirds of the members of
each house shall concur therein, but not oftener than once in four years,
increase the number of said judicial districts and the judges thereof; such
districts shall be formed from compact territory and bounded by county lines,
but such increase or change in the boundaries of the districts shall not work
the removal of any judge from his office during the term for which he may have
been elected or appointed.

Sec. 107. No person shall be eligible to the office of district judge, unless he
be learned in the law, be at least twenty-five years of age, and a citizen of
the United States, nor unless he shall have resided within the State or
Territory of Dakota at least two years next preceding his election, nor unless
he shall at the time of his election be an elector within the Judicial District
for which he is elected.

Sec. 108. There shall be a Clerk of the District Court in each organized county
in which a court is holden who shall be elected by the qualified electors of the
county, and shall hold his office for the same term as other county officers. He
shall receive such compensation for his services as may be prescribed by law.

Sec. 109. Writs of error and appeals may be allowed from the decisions of the
district courts to the Supreme Court under such regulations as may be prescribed
by law.

COUNTY COURTS.

Sec. 110. There shall be established in each county a county court, which shall
be a court Of record open at all times and holden by one judge, elected by the
electors of the county, and whose term of office shall be two years.

Sec. 111. The County Court shall have exclusive original jurisdiction in probate
and testamentary matters, the appointment of administrators and guardians, the
settlement of the accounts of executors, administrators and guardians, the sale
of lands by executors, administrators, and guardians, and such other probate
jurisdiction as may be conferred by law; Provided, That whenever the voters of
any county having a population of two thousand or over shall decide by a
majority vote that they desire the jurisdiction of said court increased above
that limited by this constitution, then said County Courts shall have concurrent
jurisdiction with the District Courts in all civil actions where the amount in
controversy does not exceed one thousand dollars, and in all criminal actions
below the grade of felony, and in case it is decided by the voters of any county
to so increase the jurisdiction of said county court, the jurisdiction in cases
of misdemeanors arising under State laws which may have been conferred upon
police magistrates, shall cease. The qualifications of the judge of the County
Court in counties where the jurisdiction of said court shall have been increased
shall be the same as those of the district judge, except he shall be a resident
of the county at the time of his election, and said county judge shall receive
such salary for his services as may be provided by law. In case the voters of
any county decide to increase the jurisdiction of said county courts, then such
jurisdiction as thus increased shall remain until otherwise provided by law.

JUSTICES OF THE PEACE.

Sec. 112. The Legislative Assembly shall provide by law for the election of
justices of the peace in each organized county within the state. But the number
of said justices to be elected in each organized county shall be limited by law
to such a number as shall be necessary for the proper administration of justice.
The justices of the peace herein provided for shall have concurrent jurisdiction
with the district court in all civil actions when the amount in controversy,
exclusive of costs, does not exceed two hundred dollars, and in counties where
no county court with criminal jurisdiction exists they shall have such
jurisdiction to hear and determine cases of misdemeanor as may be provided by
law, but in no case shall said justices of the peace have jurisdiction when the
boundaries of or title to real estate shall come in question. The Legislative
Assembly shall have power to abolish the office of justice of the peace and
confer that jurisdiction upon judges of county courts, or elsewhere.

POLICE MAGISTRATES.

Sec. 113. The Legislative Assembly shall provide by law for the election of
police magistrates in cities, incorporated towns, and villages, who in addition
to their jurisdiction of all cases arising under the ordinances of said cities,
towns and villages, shall be ex-officio justices of the peace of the county in
which said cities, towns and villages may be located. And the Legislative
Assembly may confer upon said police magistrates the jurisdiction to hear, try
and determine all cases of misdemeanors, and the prosecutions therein shall be
by information.

Sec. 114. Appeals shall lie from the county court, final decisions of justices
of the peace, and police magistrates in such cases and pursuant to such
regulations as may be prescribed by law.

MISCELLANEOUS.

Sec. 115. The time of holding courts in the several counties of a district shall
be as prescribed by law, but at least two terms of the district court shall be
held annually in each organized county, and the Legislative Assembly shall make
provision for attaching unorganized counties or territories to organized
counties for judicial purposes.

Sec. 116. Judges of the district courts may hold court in other districts than
their own under such regulations as shall be prescribed by law.

Sec. 117. No judge of the supreme or district court shall act as attorney or
counsellor at law.

Sec. 118. Until the Legislative Assembly shall provide by law for fixing the
terms of courts the judges of the supreme and district courts shall fix the
terms thereof.

Sec. 119. No judge of the supreme or district court shall be elected or
appointed to any other than judicial offices or be eligible thereto during the
term for which he was elected or appointed such judge. All votes or appointments
for either of them for any elective or appointive office except that of judge of
the supreme court, or district court, given by the Legislative Assembly or the
people, shall be void.

Sec. 120. Tribunals of conciliation may be established with such powers and
duties as shall be prescribed by law, or the powers and duties of such may be
conferred upon other courts of justice; but such tribunals or other courts when
sitting as such, shall have no power to render judgment to be obligatory on the
parties, unless they voluntarily submit their matters of difference and agree to
abide the judgment of such tribunals or courts.

===== ARTICLE V.  ELECTIVE FRANCHISE. =====

Section 121.  Every person of the age of twenty-one years or upwards, belonging
to either of the following classes who shall have resided in the state one year
and in the county ninety days and in the precinct thirty days next preceding any
election shall be a qualified elector at such election.  First, citizens of the
United States; second, civilized persons of Indian descent who have severed
their tribal relation two years next preceding such election.

Sec. 122. The Legislative Assembly shall be empowered to make further extensions
of suffrage hereafter, at its discretion to all citizens of mature age and sound
mind, not convicted of crime, without regard to sex; but no law extending or
restricting the right of suffrage shall be enforced until adopted by a majority
of the electors of the state voting at a general election.

Sec. 123. Electors shall in all cases except treason, felony, breach of the
peace or illegal voting, be privileged from arrest on the days of election
during their attendance at, going to and returning from such election, and no
elector shall be obliged to perform military duty on the day of election, except
in time of war or public danger.

Sec. 124. The general elections of the state shall be biennial, and shall be
held on the first Tuesday after the first Monday in November; Provided, That the
first general election under this Constitution shall be held on the first
Tuesday after the first Monday in November, A D. 1890.

Sec. 125. No elector shall be deemed to have lost his residence in this state by
reason of his absence on business of the United States or of this state, or in
the military or naval service of the United States.

Sec. 126. No soldier, seaman or marine in the army or navy of the United States
shall be deemed a resident of this state in consequence of his being stationed
therein.

Sec. 127. No person who is under guardianship, non compos mentis or insane shall
be qualified to vote at any election; nor any person convicted of treason or
felony, unless restored to civil rights; and the legislature shall by law
establish an educational test as a qualification, and may prescribe penalties
for failing, neglecting or refusing to vote at any general election.

Sec. 128. Any woman having the qualifications enumerated in section 121 of this
article as to age, residence and citizenship, and including those now qualified
by the laws of the territory, may vote for all school officers, and upon all
questions pertaining solely to school matters, and be eligible to any school
office.

Sec. 129. All elections by the people shall be by secret ballot, subject to such
regulations as shall be provided by law.

===== ARTICLE VI. MUNICIPAL CORPORATIONS. =====

Sec. 130. The Legislative Assembly shall provide by general law for the
organization of municipal corporations, restricting their powers as to levying
taxes and assessments, borrowing money and contracting debts, and money raised
by taxation, loan or assessment for any purpose shall not be diverted to any
other purpose except by authority of law.

===== ARTICLE VII.  CORPORATIONS OTHER THAN MUNICIPAL. =====

Sec. 131. No charter of incorporation shall be granted, changed or amended by
special law, except in the case of such municipal, charitable, educational,
penal or reformatory corporations as may be under the control of the state; but
the Legislative Assembly shall provide by general laws for the organization of
all corporations hereafter to be created, and any such law, so passed, shall be
subject to future repeal or alteration.

Sec. 132. All existing charters or grants of special or exclusive privileges,
under which a bona fide organization shall not have taken place and business
been commenced in good faith at the time this Constitution takes effect, shall
thereafter have no validity.

Sec. 133. The Legislative Assembly shall not remit the forfeiture of the charter
to any corporation now existing, nor alter or amend the same, nor pass any other
general of special law for the benefit of such corporation, except upon the
condition that such corporation shall thereafter hold its charter subject to the
provisions of this constitution.

Sec. 134. The exercise of the right of eminent domain shall never be abridged,
or so construed as to prevent the Legislative Assembly from taking the property
and franchises of incorporated companies and subjecting them to public use, the
same as the property of individuals; and the exercise of the police power of
this State shall never be abridged, or so construed as to permit corporations to
conduct their business in such a manner as to infringe the equal rights of
individuals or the general well-being of the State.

Sec. 135. In all elections for directors or managers of a corporation, each
member or shareholder may cast the whole number of his votes for one candidate,
or distribute them upon two or more candidates, as he may prefer, provided, any
co-operative corporation may adopt by-laws limiting the voting power of its
stockholders.

Sec. 136. No foreign corporation shall do business in this state without having
one or more places of business and an authorized agent or agents in the same,
upon whom process may be served.

Sec. 137. No corporation shall engage in any business other than that expressly
authorized in its charter.

Sec. 138. No corporation shall issue stock or bonds except for money, labor
done, or money or property actually received; and all fictitious increase of
stock or indebtedness shall be void. The stock and indebtedness of corporations
shall not be increased except in pursuance of general law, nor without the
consent of the persons holding the larger amount in value of the stock first
obtained at a meeting to be held after sixty days' notice given in pursuance of
law.

Sec. 139. No law shall be passed by the Legislative Assembly granting the right
to construct and operate a street railroad, telegraph, telephone or electric
light plant within any city, town or incorporated village, without requiring the
consent of the local authorities having the control of the street or highway
proposed to be occupied for such purposes.

Sec. 140. Every railroad corporation organized and doing business in this state,
under the laws or authority thereof, shall have and maintain a public office or
place in the state for the transaction of its business, where transfers of its
stock shall be made and in which shall be kept for public inspection, books in
which shall be recorded the amount of capital stock subscribed, and by whom, the
names of the owners of its stock and the amount owned by them respectively; the
amount of stock paid in and by whom, and the transfers of said stock; the
amounts of its assets and liabilities and the names and place of residence of
its officers. The directors of every railroad corporation shall annually make a
report, under oath, to the auditor of public accounts, or some officer or
officers to be designated by law, of all their acts and doings, which report
shall include such matters relating to railroads as may be prescribed by law,
and the Legislative Assembly shall pass laws enforcing by suitable penalties the
provisions of this section. Providing the provisions of this section shall not
be so construed as to apply to foreign corporations.

Sec. 141. No railroad corporation shall consolidate its stock, property or
franchises with any other railroad corporation owning a parallel or competing
line; and in no case shall any consolidation take place except upon public
notice given at least sixty days to all stockholders, in such manner as may be
provided by law. Any attempt to evade the provisions of this section, by any
railroad corporation, by lease or otherwise, shall work a forfeiture of its
charter.

Sec. 142. Railways heretofore constructed or that may hereafter be constructed
in this state are hereby declared public highways, and all railroad, sleeping
car, telegraph, telephone and transportation companies of passengers,
intelligence and freight, are declared to be common carriers and subject to
legislative control; and the Legislative Assembly shall have power to enact laws
regulating and controlling the rates of charges for the transportation of
passengers, intelligence and freight, as such common carriers from one point to
another in this State; Provided, That appeal may be had to courts of this State
from the rate so fixed; but the rates fixed by the Legislative Assembly or Board
of Railroad Commissioners shall remain in full force pending the decision of the
courts.

Sec. 143. Any association or corporation organized for the purpose shall have
the right to construct and operate a railroad between any points within this
state, and to connect at the state line with the railroads of other states.
Every railroad company shall have the right with its road to intersect, connect
with or cross any other; and shall receive and transport each other's
passengers, tonnage and cars, loaded or empty, without delay or discrimination.

Sec. 144. The term "corporation," as used in this article, shall not be
understood as embracing municipalities or political subdivisions of the State
unless otherwise expressly stated, but it shall be held and construed to include
all associations and joint stock companies having any of the powers or
privileges of corporations not possessed by individuals or partnerships.

Sec. 145. If a general banking law be enacted, it shall provide for the registry
and countersigning by an officer of the State, of all notes or bills designed
for circulation, and that ample security to the full amount thereof shall be
deposited with the State Treasurer for the redemption of such notes or bills.

Sec. 146. Any combination between individuals, corporations, associations, or
either having for its object or effect the controlling of the price of any
product of the soil or any article of manufacture or commerce, or the cost of
exchange or transportation, is prohibited and hereby declared unlawful and
against public policy; and any and all franchises heretofore granted or
extended, or that may hereafter be granted or extended in this state, when ever
the owner or owners thereof violate this article shall be deemed annulled and
become void.

===== ARTICLE VIII.  EDUCATION. =====

Sec. 147. A high degree of intelligence, patriotism, integrity and morality on
the part of every voter in a government by the people being necessary in order
to insure the continuance of that government and the prosperity and happiness of
the people, the Legislative Assembly shall make provision for the establishment
and maintenance of a system of public schools which shall be open to all
children of the state of North Dakota and free from sectarian control. This
legislative requirement shall be irrevocable without the consent of the United
States and the people of North Dakota.

Sec. 148. The Legislative Assembly shall provide at their first session, after
the adoption of this Constitution, for a uniform system of free public schools
throughout the state; beginning with the primary and extending through all
grades up to and including the normal and collegiate course.

Sec. 149. In all schools instruction shall be given as far as practicable in
those branches of knowledge that tend to impress upon the mind the vital
importance of truthfulness, temperance, purity, public spirit, and respect for
honest labor of every kind.

Sec. 150. A Superintendent of Schools for each county shall be elected every two
years, whose qualifications, duties, powers and compensation shall be fixed by
law.

Sec. 152. The Legislative Assembly shall take such other steps as may be
necessary to prevent illiteracy, secure a reasonable degree of uniformity in
course of study, and to promote industrial, scientific and agricultural
improvement.

Sec. 152. All colleges, universities and other educational institutions, for the
support of which lands have been granted to this state, or which are supported
by a public tax, shall remain under the absolute and exclusive control of the
State. No money raised for the support of the public schools of the State shall
be appropriated to or used for the support of any sectarian school.

===== ARTICLE IX.  SCHOOL AND PUBLIC LANDS. =====

Sec. 153. All proceeds of the public lands that have hereto fore been, or may
hereafter be granted by the United States for the support of the common schools
in this state; all such percentum as may be granted by the United States on the
sale of public lands; the proceeds or property that shall fall to the state by
escheat; the proceeds of all gifts and donations to the state for common
schools, or not otherwise appropriated by the terms of the gift, and all other
property otherwise acquired for common schools, shall be and remain a perpetual
fund for the maintenance of the common schools of the state. It shall be deemed
a trust fund, the principal of which shall forever remain inviolate and may be
increased but never diminished. The state shall make good all losses thereof.

Sec. 154. The interest and income of this fund together with the net proceeds of
all fines for violation of state laws, and all other sums which may be added
thereto by law, shall be faithfully used and applied each year for the benefit
of the common schools of the state, and shall be for this purpose apportioned
among and between all the several common school corporations of the state in
proportion to the number of children in each of school age, as may be fixed by
law; and no part of the fund shall ever be diverted, even temporarily, from this
purpose or used for any other purpose whatever than the maintenance of common
schools for the equal benefit of all the people of the state ; Provided,
however, That if any portion of the interest or income aforesaid be not expended
during any year, said portion shall be added to and become a part of the school
fund.

Sec. 155. After one year from the assembling of the first Legislative Assembly,
the lands granted to the state from the United States for the support of the
common schools, may be sold upon the following conditions and no other: No more
than one-fourth of all such lands shall be sold within the first five years
after the same become saleable by virtue of this section. No more than one-half
of the remainder within ten years after the same become saleable as aforesaid.
The residue may be sold at any time after the expiration of said ten years. The
Legislative Assembly shall provide for the sale of all school lands subject to
the provisions of this article. The coal lands of the State shall never be sold,
but the Legislature Assembly may, by general laws, provide for leasing the same.
The words "coal lands" shall include lands bearing lignite coal.

Sec. 156. The Superintendent of Public Instruction, Governor, Attorney-General,
Secretary of State and State Auditor, shall constitute a Board of Commissioners,
which shall be denominated the "Board of University and School Lands," and,
subject to the provisions of this article and any law that may be passed by the
Legislative Assembly, said board shall have control of the appraisement, sale,
rental and disposal of all school and university lands, and shall direct the
investment of the funds arising therefrom in the hands of the State Treasurer,
under the limitations in section 160 of this article.

Sec. 157. The county superintendent of common schools, the chairman of the
county board, and the county auditor shall constitute boards of appraisal and
under the authority of the State Board of University and School Lands shall
appraise all school lands within their respective counties which they may from
time to time recommend for sale at their actual value under the prescribed terms
and shall first select and designate for sale the most valuable lands.

Sec. 158. No original grant school or institutional land shall he
sold for less than the fair market value thereof, and in no case for
less than ten dollars ($10.00) per acre. provided that when lands
have been sold on contract and the contract has been cancelled, such
lands may be resold without reappraisement by the board of appraisal.
The purchaser shall pay twenty (20) per cent of the purchase
price at the time the contract is executed; thereafter annual
payments shall be made of not less than six (6) per cent of the
original purchase price. An amount equal to not less than three (3)
per cent per annum of the unpaid principal shall be credited to interest
and the balance shall be applied as payment on principal as
credit on purchase price. The purchaser may pay all or any installment
or installments not yet due to any interest paying date. If the
purchaser so desires, he may pay the entire balance due on his
contract with interest to date of payment at any time and he will
then be entitled to proper conveyance.

All sales shall be held at the county seat of the county in which
the land to be sold is situated, and shall be at public auction and to
the highest bidder, and notice of such sale shall be published once
each week for a period of three weeks prior to the day of sale in
a legal newspaper published nearest the land and in the newspaper
designated for the publication of the official proceedings and legal
notices within the county in which said land is situated.

No grant or patent for such lands shall issue until payment is
made for the same; provided that the land contracted to be sold by
the State shall be subject to taxation from the date of the contract.
In case the taxes assessed against any of said lands for any year
remain unpaid until the first Monday in October of the following
year, the contract of sale for such land shall, if the Board of University
and School Lands so determine, by it, be declared null and void.
No contract of sale heretofore made under the provisions of said
Section 158 of the Constitution as then providing shall be affected by
this amendment, except prepayment of principal may be made as
herein provided.

Any of said lands that may be required for townsite purposes,
school house sites, church sites, cemetery sites, sites for other educational
or charitable institutions, public parks, air plane landing
fields, fair grounds, public highways, railroad rightof-way, or other
railroad uses and purposes, reservoirs for the storage of water for
irrigation, irrigation canals, and ditches, drainage ditches, or for any
of the purposes for which private lands may be taken under the right
of eminent domain under the Constitution and Laws of this state,
may be sold under the provisions of this Article, and shall be paid
for in full at the time of sale, or at any time thereafter as herein
provided. Any of said lands and any other lands controlled by the
Board of University and School Lands, may, with the approval of
said Board, be exchanged for lands of the United States, the State
of North Dakota or any county or municipality thereof as the Legislature
may provide, and the lands so acquired shall be subject to
the trust to which the lands exchanged therefor were subject, and
the State shall reserve all mineral and water power rights in lands
so transferred.

When any of said lands have been heretofore or may be hereafter
sold on contract, and the purchaser or his heirs or assigns is unable
to pay in full for the land purchased within twenty years after the
date of purchase and such contract is in default and subject to being
declared null and void as by law provided, the Board of University
and School Lands may, after declaring such contract null and void,
resell the land described in such contract to such purchaser, his
heirs or assigns, for the amount of the unpaid principal, together
with interest thereon reckoned to the date of such resale at the rate
of not less than three (3%) per cent, but in no case shall the resale
price he more than the original sale price; such contract of resale
shall be upon the terms herein provided, provided this seetion shall
be deemed self-executing insofar as the provisions for resale herein
made are concerned.

Sec. 159. All land, money or other property donated, granted or received from
the United States or any other source for a University, School of Mines, Reform
School, Agricultural College, Deaf and Dumb Asylum, Normal School or other
educational or charitable institution or purpose, and the proceeds of all such
lands and other property so received from any source, shall be and remain
perpetual funds, the interest and income of which together with the rents of all
such land as may remain unsold shall be inviolably appropriated and applied to
the specific objects of the original grants or gifts. The principal of every
such fund may be increased but shall never be diminished, and the interest and
income only shall be used. Every such fund shall be deemed a trust fund held by
the state, and the state shall make good all losses thereof.

Sec. 160. All lands mentioned in the preceding section shall be appraised and
sold in the same manner and under the same limitations and subject to all the
conditions as to price and sale as provided above for the appraisal and sale of
lands for the benefit of common schools; but a distinct and separate account
shall be kept by the proper officers of each of said funds; Provided, That the
limitations as to the time in which school land may be sold shall apply only to
lands granted for the support of common schools.

Sec. 161. The legislative assembly shall have authority to provide by law for
the leasing of lands granted to the state for educational and charitable
purposes; but no such law shall authorize the leasing of said lands for a longer
period than five years. Said lands shall only be leased for pasturage and meadow
purposes and at a public auction after notice as heretofore provided in case of
sale; provided, that all of said school lands now under cultivation may be
leased, at the discretion and under the control of the Board of University and
School Lands, for other than pasturage and meadow purposes until sold. All rents
shall be paid in advance. 

Provided, further, that coal lands may also be leased for agricultural
cultivation upon such terms and conditions and for such a period, not exceeding
five years, as the legislature may provide. 

Sec. 162. The moneys of the permanent school fund and other educational funds
shall be invested only in bonds of school corporations or of counties, or of
townships, or of municipalities within the state, bonds issued for the
construction of drains under authority of law within the state, bonds of the
United States, bonds of the State of North Dakota, or on first mortgages on farm
lands in this state, not exceeding in amount one-half of the actual value of any
sub-division on which the same may be loaned, such value to be determined by the
board of appraisal of school lands.

Sec. 163. No law shall ever be passed by the Legislative Assembly granting to
any person, corporation or association any privileges by reason of the
occupation, cultivation or improvement of any public lands by said person,
corporation or association subsequent to the survey thereof by the general
government. No claim for the occupation, cultivation or improvement of any
public lands shall ever be recognized, nor shall such occupation, cultivation or
improvement of any public lands ever be used to diminish either directly or
indirectly the purchase price of said lands.

Sec. 164. The Legislative Assembly shall have authority to provide by law for
the sale or disposal of all public lands that have been heretofore, or may
hereafter be granted by the United States to the state for purposes other than
set forth and named in sections 153 and 159 of this article. And the Legislative
Assembly in providing for the appraisement, sale, rental and disposal of the
same shall not be subject to the provisions and limitations of this article.

Sec. 165. The Legislative Assembly shall pass suitable laws for the safekeeping,
transfer and disbursement of the state school funds; and shall require all
officers charged with the same or the safe keeping thereof to give ample bonds
for all moneys and funds received by them, and if any of said officers shall
convert to his own use in any manner or form, or shall loan with or without
interest or shall deposit in his own name, or otherwise than in the name of the
state of North Dakota or shall deposit in any banks or with any person or
persons, or exchange for other funds or property any portion of the school funds
aforesaid or purposely allow any portion of the same to remain in his own hands
uninvested except in the manner prescribed by law, every such act shall
constitute an embezzlement of so much of the aforesaid school funds as shall be
thus taken or loaned, or deposited, or exchanged, or withheld and shall be a
felony; and any failure to pay over, produce or account for, the state school
funds or any part of the same entrusted to any such officer, as by law required
or demanded, shall be held and be taken to be prima facie evidence of such
embezzlement.

===== ARTICLE X.  COUNTY AND TOWNSHIP ORGANIZATION. =====

Sec. 166. The several counties in the Territory of Dakota lying north of the
Seventh Standard Parallel, as they now exist, are hereby declared to be counties
of the State of North Dakota.

Sec. 167. The Legislative Assembly shall provide by general law for organizing
new counties, locating county seats thereof temporarily, and changing the county
lines; but no new county shall be organized, nor shall any organized county be
so reduced as to include an area of less than twenty-four congressional
townships, and containing a population of less than five thousand bona fide
inhabitants.  And in the organization of new counties and in changing the lines
of organized counties and boundaries of congressional townships the natural
boundaries shall be observed as nearly as may be.

The Legislative Assembly shall also provide by general law for the consolidation
of counties, and for their dissolution, but no counties shall be consolidated
without a fifty-five per cent vote of those voting on the question in each
county affected, and no county shall be dissolved without a fifty-five per cent
vote of the electors of such county voting on such question.

Sec. 168. All changes in the boundaries of organized counties before taking
effect shall be submitted to the electors of the county or counties, to be
effected thereby at a general election and be adopted by a majority of all the
legal votes cast in each county at such election; and in case any portion of an
organized county is stricken off and added to another, the county to which such
portion is added shall assume and be holden for an equitable proportion of the
indebtedness of the county so reduced.

Sec. 169. The Legislative Assembly shall provide by general law for changing
county seats in organized counties, but it shall have no power to remove the
county seat of any organized county.  

Sec. 170. The Legislative Assembly shall provide by law for optional forms of
government for counties, which forms shall be, in addition to that form provided
by Sections 172 and 173 of the Constitution, and which forms shall specify the
number, functions and manner of selection of county officers, but no such
optional form of government shall become operative in any county until submitted
to the electors thereof at a special election or a general election, and
approved by fiftyfive per cent of those voting thereon. The manner of
exercising the powers herein granted shall be by general laws, but such laws
shall provide that the initiative for the submission of the question of the
adoption of one of the optional forms of county government may be had either by
a vote of not less than two-thirds of the county legislative body or upon
petition of electors of the county equal to at least fifteen per centum of the
total number of voters of the county who voted for Governor at the last general
election.  Among the optional forms of county government to be provided by the
Legislative Assembly under this provision, at least one form shall provide for a
county manager.

Sec. 171. [Repealed Jun. 25, 1940]

Sec. 172. Until one of the optional forms of county government provided by the
Legislative Assembly under Section I70 of the Constitution, as amended, be
adopted by any county, the fiscal affairs of said county shall be transacted by
a board of county commissioners.  Said board shall consist of not less than
three and not more than five members whose terms of office shall be prescribed
by law. Said board shall hold sessions for the transaction of county business,
as shall be provided by law.

Sec. 173. At the first general election after the adoption of this amendment,
and every two years thereafter, there shall be elected in each county organized
under the provisions of Section 172 of the Constitution, a register of deeds,
county auditor, treasurer, sheriff, state's attorney, county judge and a clerk
of the district court, who shall be electors in the county in which they are
elected and who shall hold office until their successors are elected and
qualified; provided in counties having fifteen thousand population or less, the
county judge shall also be clerk of the district court; provided further that in
counties having a population of 6,000 or less, the register of deeds shall also
be clerk of the district court and county judge. The sheriff and treasurer of
any county shall not hold their respective offices for more than four years in
succession.

===== ARTICLE XI. REVENUE AND TAXATION. =====

Sec. 174. The Legislative Assembly shall provide for raising revenue sufficient
to defray the expenses of the state for each year, not to exceed in any one year
four (4) mills on the dollar of the assessed valuation of all taxable property
in the state, to be ascertained by the last assessment made for state and
county purposes, and also a sufficient sum to pay the interest on the state
debt.  

Sec. 175. No tax shall be levied except in pursuance of law, and every law
imposing a tax shall state distinctly the object of the same, to which only it
shall be applied.  

Sec. 176. Taxes shall be uniform upon the same class of property; including
franchises within the territorial limits of the authority levying the tax. The
legislature may by law exempt any or all classes of personal property from
taxation and within the meaning of this section, fixtures, buildings and
improvements of every character, whatsoever, upon land shall be deemed personal
property. The property of the United States and of the state, county and
municipal corporations and property used exclusively for school, religious,
cemetery, charitable or other public purposes shall be exempt from taxation.
Except as restricted by this Article, the legislature may provide for raising
revenue and fixing the situs of all property for the purpose of taxation.
Provided that all taxes and exemptions in force when this amendment is adopted
shall remain in force until otherwise provided by statute.

Sec. 177. The legislature may by law provide for the levy and collection of an
acreage tax on lands within the state in addition to the limitations specified
in Section 174 in Article 11 of the Constitution. The proceeds of such tax
shall be used to indemnify the owners of growing crops against damages by hail,
provided that lands used exclusively for public roads, rights of way of common
carriers, mining, manufacturing or pasturage may be exempt from such tax.

Sec. 178. The power of taxation shall never be surrendered or suspended by any
grant or contract to which the State or any county or other municipal
corporation shall be a party.  

Sec. 179. All taxable property except as hereinafter in this section provided,
shall be assessed in the county, city, township, village or district in which it
is situated, in the manner prescribed by law. The property, including franchises
of all railroads operated in this state, and of all express companies, freight
line companies, dining car companies, sleeping car companies, car equipment
companies, or private car line companies, telegraph or telephone companies, the
property of any person, firm or corporation used for the purpose of furnishing
electric light, heat or power, or in distributing the same for public use, and
the property of any other corporation, firm or individual now or hereafter
operating in this state, and used directly or indirectly in the carrying of
persons, property or messages, shall be assessed by the State Board of
Equalization in a manner prescribed by such state board or commission as may be
provided by law. But should any railroad allow any portion of its railway to be
used for any purpose other than the operation of a railroad thereon, such
portion of its railway, while so used shall be assessed in a manner provided for
the assessment of other real property.

Sec. 180. The Legislative Assembly may provide for the levy, collection and
disposition of an annual poll tax of not more than one dollar and fifty cents
($1.50) on every male inhabitant of this state over twenty-one and under fifty
years of age, except paupers, idiots, insane persons and Indians not taxed.  

Sec. 181. The Legislative Assembly shall pass all laws necessary to carry out
the provisions of this article.

===== ARTICLE XII.  Public Debt and Public Works. ===== 

Sec. 182. The State may issue or guarantee the payment of bonds, provided that
all bonds in excess of two million dollars shall be secured by first mortgage
upon real estate in amounts not to exceed one-half of its value; or upon real
and personal property of state owned utilities, enterprises or industries, in
amounts not exceeding its value, and provided further, that the state shall not
issue or guarantee bonds upon property of state owned utilities, enterprises or
industries in excess of ten million dollars.

No further indebtedness shall be incurred by the state unless evidenced by a
bond-issue, which shall be authorized by law for certain purposes, to be clearly
defined. Every law authorizing a bond issue shall provide for levying an annual
tax, or make other provision, sufficient to pay the interest semi-annually, and
the principal within thirty years from the date of the issue of such bonds, and
shall specially appropriate the proceeds of such tax, or of such other
provisions to the payment of said principal and interest, and such appropriation
shall not be repealed nor the tax or other provisions discontinued until such
debt, both principal and interest, shall have been paid. No debt in excess of
the limit named herein shall be incurred except for the purpose of repelling
invasion, suppressing insurrection, defending the state in time of war or to
provide for the public defense in case of threatened hostilities.

Section 183. The debt of any county, township, city, town, school district or
any other political subdivision, shall never exceed the per centum upon the
assessed value of the taxable property therein; provided that any incorporated
city may, by a two-thirds vote, increase such indebtedness three per centum on
such assessed value beyond said five per centum limit, and a school district, by
a majority vote may increase such indebtedness five per cent on such assessed
value beyond said five per centum limit; provided also that any county or city
by a majority vote may issue bonds upon any revenue producing utility owned by
such county or city, or for the purchasing or acquiring the same or building or
establishment thereof, in amounts not exceeding the physical value of such
utility, industry or enterprise.

In estimating the indebtedness which a city, county, township, school district
or any other political subdivision may incur, the entire amount, exclusive of
the bonds upon said revenue producing utilities, whether contracted prior or
subsequent to the adoption of this constitution, shall be included; provided
further that any incorporated city may become indebted in any amount not
exceeding four per centum of such assessed value without regard to the existing
indebtedness of such city for the purpose of constructing or purchasing
waterworks for furnishing a supply of water to the inhabitants of such city, or
for the purpose of constructing sewers, and for no other purpose whatever. All
bonds and obligations in excess of the amount of indebtedness permitted by this
constitution, given by any city, county, township, town, school district, or any
other political subdivision shall be void. 

Sec. 184. Any city, county, township, town, school district or any other
political subdivision incurring indebtedness shall, at or before the time of so
doing, provide for the collection of an annual tax sufficient to pay the
interest and also the principal thereof when due, and all laws or ordinances
providing for the payment of the interest or principal of any debt shall be
irrepealable until such debt be paid.  

Sec. 185. The state, any county or city may make internal improvements and may
engage in any industry, enterprise or business not prohibited by Article 20 of
the Constitution, but neither the state nor any political subdivision thereof
shall otherwise loan or give its credit or make donations to or in aid of any
individual, association or corporation except for reasonable support of the
poor, nor subscribe to or become the owner of capital stock in any association
or corporation. 

Sec. 186. (1.) All public moneys, from whatever source derived,
shall be paid over monthly by the public official, employee, agent, director,
manager, board, bureau, or institution of the State receiving
the same, to the State Treasurer, and deposited by him to the credit
of the State, and shall be paid out and disbursed only pursuant to
appropriation first made by the Legislature; provided, however, that
there is hereby appropriated the necessary funds required in the
financial transactions of the Bank of North Dakota, and required
for the payment of losses, duly approved, payable from the State
Hail Insurance Fund, State Bonding Fund, and State Fire and Tor-
nado Fund, and required for the payment of compensation to in-
jured employees or death claims, duly approved, payable from the
Workmens Compensation Fund, and required for authorized investments
made by the Board of University and School Lands, and
required for the financial operations of the State Mill and Elevator
Association, and required for the payment of interest and principal
of bonds and other fixed obligations of the State, and required for
payments required by law to be paid to beneficiaries of the Teachers'
Insurance and Retirement Fund, and required for refunds made
under the provisions of the Retail Sales Tax Act, and the State
Income Tax Law, and the State Gasoline Tax Law, and the Estate
and Succession Tax Law, and the income of any State institution
derived from permanent trust funds, and the funds allocated under
the law to the State Highway Department and the various counties
for the construction, reconstruction, and maintenance of public
roads.

This constitutional amendment shall not be construed to apply
to fees and moneys received in connection with the licensing and organization
of physicians and surgeons, pharmacists, dentists, osteopaths,
optometrists, embalmers, barbers, lawyers, veterinarians,
nurses, chiropractors, accountants, architects, hairdressers, Chiropodists,
and other similarly organized, licensed trades and professions;
and this constitutional amendment shall not be construed to amend
or repeal existing laws or acts amendatory thereof concerning such
fees and moneys.

(2.) No bills, claims, accounts, or demands against the State
or any county or other political subdivision shall be audited, allowed,
or paid until a full itemized statement in writing shall be filed with
the officer or officers whose duty it may be to audit the same, and
then only upon warrant drawn upon the Treasurer of such funds
by the proper officer or officers.
(3.) This amendment shall become effective on July 1, 1939.

Sec. 187. No bond or evidence of indebtedness of the state shall be valid unless
the same shall have indorsed thereon a certificate, signed by the Auditor and
Secretary of State showing that the bond or evidence of debt is issued pursuant
to and is within the debt limit. No bond or evidence of debt of any county, or
bond of any township or other political subdivision shall be valid unless the
same have endorsed thereon a certificate signed by the county auditor, or other
officer authorized by law to sign such certificate, stating that said bond, or
evidence of debt, is issued pursuant to law and is within the debt limit.

===== ARTICLE XIII.  MILITIA. ===== 

Sec. 188. The milita of this State shall consist of all able- bodied male
persons residing in the state, between the ages of eighteen and forty-five
years, except such as may be exempted by the laws of the United States or of
this State. Persons whose religions tenets or conscientious scruples forbid them
to bear arms shall not be compelled to do so in times of peace, but shall pay an
equivalent for a personal service.  

Sec. 189. The milita shall be enrolled, organized, uniformed, armed and
disciplined in such a manner as shall be provided by law, not incompatible with
the Constitution or laws of the United States.  

Sec. 190. The Legislative Assembly shall provide by law for the establishment
of volunteer organizations of the several arms of the service, which shall be
classed as active militia; and no other organized body of armed men shall be
permitted to perform military duty in this State except the army of the United
States without the proclamation of the Governor of the State.  

Sec. 191. All militia officers shall be appointed or elected in such a manner as
the Legislative Assembly shall provide.  

Sec. 192. The commissioned officers of the militia shall be commissioned by the
Governor, and no commissioned officer shall be removed from office except by
sentence of court martial, pursuant to law.  

Sec. 193. The militia forces shall in all cases, except treason, felony or
breach of the peace, be privileged from arrest during their attendance at
musters, parades and elections of officers, and in going to and returning from
the same.

===== ARTICLE XIV.  Impeachment and Removal from Office. =====

Sec. 194. The House of Representatives shall have the sole power of impeachment.
The concurrence of a majority of all members elected shall be necessary to an
impeachment.  

Sec. 195. All impeachments shall be tried by the senate.  When sitting for that
purposes the senators shall be upon oath or affirmation to do justice according
to the law and evidence. No person shall be convicted without the concurrence of
two-thirds of the members elected. When the Governor or Lieutenant Governor is
on trial, the presiding judge of the supreme court shall preside.  

Sec. 196. The Governor and other state and judicial officers, except county
judges, justices of the peace, and police magistrates, shall be liable to
impeachment for habitual drunkenness, crimes, corrupt conduct, or malfeasance
or misdemeanor in office, but judgment in such cases shall not extend further
than removal from office and disqualification to hold any office of trust, or
profit under the state. The person accused, whether convicted or acquitted,
shall nevertheless be liable to indictment, trial, judgment and punishment
according to law.  

Sec. 197. All officers not liable to impeachment shall be subject to removal
for misconduct, malfeasance, crime or misdemeanor in office, or for habitual
drunkenness or gross incompetency in such manner as may be provided by law.  

Sec. 198. No officer shall exercise the duties of his office after he shall have
been impeached and before his acquittal.  

Sec. 199. On trial of impeachment against the Governor, the Lieutenant Governor
shall not act as a member of the court.  

Sec. 200. No person shall be tried on impeachment before he shall have been
served with a copy thereof, at least twenty days previous to the day set for
trial.  

Sec. 201. No person shall be liable to impeachment twice for the same offense.

===== ARTICLE XV.  Future Amendments. =====

Sec. 202. Any amendment or amendments to the constitution of the state may 
be proposed in either house of the legislature, and if the same shall 
be agreed to upon roll call by a majority of the members elected to 
each house, it shall be submitted to the electors and if a majority of 
the votes cast thereon are affirmative, such amendment shall be a 
part of this constitution. 

Amendments to the constitution of the state may also be proposed
by an initiative petition of the electors; such petition shall 
be signed by twenty thousand electors at large and shall be filed 
with the Secretary of State at least one hundred twenty days prior 
to the election at which they are to be voted upon, and any amendment,
or amendments so proposed, shall be submitted to the electors 
and become a part of the constitution, if a majority of the votes 
cast thereon are affirmative. All provisions of the constitution relating
to the submission and adoption of measures by initiative 
petition, and on referendum petition shall apply to the submission 
and adoption of amendments to the constitution of the state. 

===== ARTICLE XVI.  COMPACT WITH THE UNITED STATES. =====

The following article shall be irrevocable without the consent of the United
States and the people of this State.

Sec. 203. 

First. Perfect toleration of religious sentiment shall be secured, and no
inhabitant of this state shall ever be molested in person or property on
account of his or her mode of religious worship.

Second. The people inhabiting this state do agree and declare that they forever
disclaim all right and title to the unappropriated public lands lying within
the boundaries thereof, and to all lands lying within said limits owned or held
by any Indian or Indian tribes, and that until the title thereto shall have been
extinguished by the United States, the same shall be and remain subject to the
disposition of the United States, and that said Indian lands shall remain under
the absolute jurisdiction and control of the Congress of the United States;
that the lands belonging to citizens of the United States residing without this
state shall never be taxed at a higher rate than the lands belonging to
residents of this state; that no taxes shall be imposed by this state on lands
or property therein, belonging to, or which may hereafter be purchased by, the
United States, or reserved for its use.  But nothing in this article shall
preclude this state from taxing as other lands are taxed, any lands owned or
held by any Indian who has severed his tribal relations, and has obtained from
the United States or from any person, a title thereto, by patent or other grant,
save and except such lands as have been or may be granted to any Indian or
Indians under any acts of congress containing a provision exempting the lands
thus granted from taxation, which ast mentioned lands shall be exempt from
taxation so long, and to such an extent, as is, or may be provided in the act of
congress granting the same.

Third. In order that payment of the debts and liabilities contracted or incurred
by and in behalf of the Territory of Dakota may be justly and equitably provided
for and made, and in pursuance of the requirements of an act of congress approved
February 22, 1889, entitled "An act to provide for the division of Dakota into
two states and to enable the people of North Dakota, South Dakota, Montana and
Washington to form constitutions and state governments and to be admitted into
the Union on an equal footing with the original states, and to make donations of
public lands to such states," the states of North Dakota and South Dakota, by
proceedings of a joint commission, duly appointed under said act, the sessions
whereof were held at Bismarck in said State of North Dakota, from July 16, 1889,
to July 31, 1889, inclusive, have agreed to the following adjustment of the
amounts of the debts and liabilities of the Territory of Dakota which shall be
assumed and paid by each of the States of North Dakota and South Dakota,
respectively, to-wit: This agreement shall take effect and be in force from and
after the admission into the Union, as one of the United States of America, of
either the State of North Dakota or the State of South Dakota.

The words "State of North Dakota" wherever used in this agreement, shall be
taken to mean the Territory of North Dakota in case the State of South Dakota
shall be admitted into the Union prior to the admission into the Union of the
State of North Dakota; and the words "State of South Dakota," wherever used in
this agreement, shall be taken to mean the Territory of South Dakota in case the
State of North Dakota shall be admitted into the Union prior to the admission
into the Union of the State of South Dakota.

The said State of North Dakota shall assume and pay all bonds issued by the
Territory of Dakota to provide funds for the purchase, construction, repairs or
maintenance of such public institutions, grounds or buildings as are located
within the boundaries of North Dakota, and shall pay all warrants issued under
and by virtue of that certain Act of the Legislative Assembly of the Territory
of Dakota, approved March 8, 1889, entitled "An Act to provide for the refunding
of outstanding warrants drawn on the Capitol Building Fund."

The said State of South Dakota shall assume and pay all bonds issued by the
Territory or Dakota to provide funds for the purchase, construction, repairs or
maintenance of such public institutions, grounds or buildings as are located
within the boundaries of South Dakota.

That is to say: The State of North Dakota shall assume and pay the following
bonds and indebtedness, to-wit:

Bonds issued on account of the Hospital for Insane at Jamestown, North Dakota,
the face aggregate of which is $266,000; also bonds issued on account of the
North Dakota University at Grand Forks, North Dakota, the face aggregate of
which is $96,700; also, bonds issued on account of the Penitentiary at Bismarck,
North Dakota, the face aggregate of which is $93,600; also, refunding Capitol
Building warrants dated April 1, 1889, $83,507.46.

And the State of South Dakota shall assume and pay the following bonds and
indebtedness, to-wit:

Bonds issued on account of the Hospital for the Insane at Yankton, South Dakota,
the face aggregate of which is $210,000; also, bonds issued on account of the
School for Deaf Mutes, at Sioux Falls, South Dakota, the face aggregate of which
is $51,000; also, bonds issued on account of the University at Vermillion, South
Dakota, the face aggregate of which is $75,000; also, bonds issued on account of
the Penitentiary at Sioux Falls, South Dakota, the face aggregate of which is
$94,300; also, bonds issued on account of the Agricultural College at Brookings,
South Dakota, the face aggregate of which is $97,500; also, bonds issued on
account of the Normal School at Madison, South Dakota, the face aggregate of
which is $49,400; also, bonds issued on account of the School of Mines at Rapid
City, South Dakota, the face aggregate of which is $33,000; also, bonds issued
on account of the Reform School at Plankinton, South Dakota, the face aggregate
of which is $30,000; also, bonds issued on account of the Normal School at
Spearfish, South Dakota, the face aggregate of which is $25,000; also bonds
issued on account of the Soldiers' Home at Hot Springs, South Dakota, the face
aggregate of which is $45,000.

The States of North Dakota and South Dakota shall pay one- half each of all
liabilities now existing or hereafter and prior to the taking effect of this
agreement incurred, except those hereto fore or hereafter incurred on account of
public institutions, grounds or buildings, except as otherwise herein
specifically provided.

The State of South Dakota shall pay to the State of North Dakota $46,500, on
account of the excess of Territorial appropriations for the permanent
improvement of territorial institutions which under this agreement will go to
South Dakota, and in full of the undivided one-half interest of North Dakota in
the territorial library, and iu full settlement of unbalanced accounts, and of
all claims against the territory, of whatever nature, legal or equitable,
arising out of the alleged erroneous or unlawful taxation of Northern Pacific
Railroad lands, and the payment of said amount shall discharge and exempt the
State of South Dakota from all liability for or on account of the several
matters herein before referred to; nor shall either state be called upon to pay
or answer to any portion of liability hereafter arising or accruing on account
of transactions heretofore had, which liability would be a liability of the
Territory of Dakota had such territory remained in existence, and which
liability shall grow out of matters connected with any public institutions,
grounds or buildings of the territory situated or located within the boundaries
of the other state.

A final adjustment of accounts shall be made upon the following basis: North
Dakota shall be charged with all sums paid on account of the public
institutions, grounds or buildings located within its boundaries on account of
the current appropriations since March 9, 1889, and South Dakota shall be
charged with all sums paid on account of public institutions, grounds or
buildings located within its boundaries on the same account and during the same
time. Each state shall be charged with one-half of all other expenses of the
territorial government during the same time.  All moneys paid into the treasury
during the period from March 8, 1889, to the time of taking effect of this
agreement by any county, municipality or person within the limits of the
proposed state of North Dakota, shall be credited to the State of North Dakota;
and all sums paid into said treasury within the same time by any county,
municipality or person within the limits of the proposed State of South Dakota
shall be credited to the State of South Dakota; except that any and all taxes on
gross earnings paid into said treasury by railroad corporations, since the 8th
day of March, 1889, based upon earnings of years prior to 1888, under and by
virtue of the act of the Legislative Assembly of the Territory of Dakota,
approved March 7, 1889, and entitled "An Act providing for the levy and
collection of taxes upon property of railroad companies in this Territory,"
being Chapter 107 of the Session Laws of 1889, (that is, the part of such sums
going to the Territory) shall be equally divided between the States of North
Dakota and South Dakota; and all taxes heretofore or here after paid into said
treasury under and by virtue of the act last mentioned, based on the gross
earnings of the year 1888, shall be distributed as already provided by law,
except that so much thereof as goes to the territorial treasury shall be divided
as fol lows: North Dakota shall have so much thereof as shall be or has been
paid by railroads within the limits of the proposed State of North Dakota, and
South Dakota so much thereof as shall be or has been paid by railroads within
the limits of the proposed State of South Dakota; each state shall be credited
also with all balances of appropriations made by the Seventeenth Legislative
Assembly of the Territory of Dakota for the account of the public institutions,
grounds or buildings situated within its limits, remaining unexpended on March
8, 1889. If there shall be any indebtedness except the indebtedness represented
by the bonds and refunding warrants hereinbefore mentioned, each state shall at
the time of such final adjustment of accounts, assume its share of said
indebtedness as determined by the amount paid on account of the public
institutions, grounds or buildings of such state in excess of the receipts from
counties, municipalities, railroad corporations or persons within the limits of
said state, as provided in this article ; and if there should be a surplus at
the time of such final adjustment, each state shall be entitled to the amounts
received from counties, municipalities, railroad corporations or persons within
its limits over and above the amount charged it.  And the State of North Dakota
hereby obligates itself to pay such part of the debts and liabilities of the
Territory of Dakota as is declared by the foregoing agreement to be its
proportion thereof, the same as if such proportion had been originally created
by said State of North Dakota as its own debt or liability.

Sec. 204. Jurisdiction is ceded to the United States over the military
reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and Fort Totten,
heretofore declared by the President of the United States; Provided, Legal
process, civil and criminal, of this state, shall extend over such reservations
in all cases in which exclusive jurisdiction is not vested in the United States,
or of crimes not committed within the limits of such reservations.  Sec. 205.
The State of North Dakota hereby accepts the several grants of land granted by
the United States to the State of North Dakota by an act of congress entitled
"An act to provide for the division of Dakota into two states, and to enable the
people of North Dakota, South Dakota, Montana and Washington to form
Constitutions and state governments, and to be admitted into the Union on equal
footing with the original states, and to make donations of public lands to such
states," under the conditions and limitations therein mentioned; reserving the
right however to apply to congress for modifications of said conditions and
limitations in case of necessity.

===== ARTICLE XVII.  MISCELLANEOUS. ===== 

Sec. 206. The name of this state shall be "North Dakota." The State of North
Dakota shall consist of all the territory included within the following
boundaries, to-wit: Commencing at a point in the main channel of the Red River
of the north, where the forty-ninth degree of north latitude crosses the same;
thence south up the main channel of the same and along the boundary line of the
State of Minnesota to a point where the Seventh Standard parallel intersects the
same; thence west along said Seventh Standard parallel produced due west to a
point where it intersects the twenty-seventh meridian of longitude west from
Washington; thence north on said meridian to a point where it intersects the
forty-ninth degree of north latitude; thence east along said line to place of
beginning.  

Sec. 207. The following described seal is hereby declared to be and hereby
constituted the Great Seal of the State of North Dakota, to-wit: A tree in the
open field, the trunk of which is surrounded by three bundles of wheat; on the
right a plow, anvil and sledge; on the left a bow crossed with three arrows, and
an Indian on horseback pursuing a buffalo towards the setting sun; the foliage
of the tree arched by a half circle of forty two stars, surrounded by the motto
"Liberty and Union, Now and Forever, One and Inseparable;" the words "Great
Seal" at the top; the words "State of North Dakota" at the bottom ; "October
1st" on on the left and "1889" on the right. The seal to be two and one-half
inches in diameter.

Sec. 208. The right of the debtor to enjoy the comforts and necessaries of life
shall be recognized by wholesome laws, exempting from forced sale to all heads
of families a homestead the value of which shall be limited and defined by law,
and a reasonable amount of personal property; the kind and value shall be fixed
by law. This section shall not be construed to prevent liens against the
homestead for labor done and materials furnished in the improvement thereof, in
such manner as may be prescribed by law.  

Sec. 209. The labor of children under twelve years of age, shall be prohibited
in mines, factories and workshops in this state.  

Sec. 210. All flowing streams and natural water courses shall forever remain the
property of the State for mining, irrigating and manufacturing purposes.  

Sec. 211. Members of the Legislative Assembly and judicial department except
such inferior officers as may be by law exempted shall, before they enter on the
duties of their respective offices, take and subscribe the following oath or
affirmation: "I do solemnly swear (or affirm as the case may be) that I will
support the Constitution of the United States and the Constitution of the State
of North Dakota; and that I will faithfully discharge the duties of the office
of according to the best of my ability, so help me God," (if an oath), (under
pains and penalties of perjury), if an affirmation, and no other oath,
declaration, or test shall be required as a qualification for any office or
public trust.  

Sec. 212. The exchange of "black lists" between corporations shall be
prohibited.

Sec. 213. The real and personal property of any woman in this State, acquired
before marriage, and all property to which she may after marriage become in any
manner rightfully entitled, shall be her separate property and shall not be
liable for the debts of her husband.

===== ARTICLE XVIII.  CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. =====

Sec. 214. Until otherwise provided by law, the member of the House of
Representatives of the United States apportioned to this State, shall be elected
at large.

Until otherwise provided by law, the Senatorial and Representative Districts
shall be formed, and the senators and the representatives shall be apportioned
as follows:

The First District shall consist of the townships of Walhalla, St. Joseph,
Neche, Pembina, Bathgate, Carlisle, Joliet, Midland, Lincoln and Drayton, in the
county of Pembina, and be entitled to one senator and two representatives.

The Second District shall consist of the townships of St. Thomas, Hamilton,
Cavalier, Akra, Beaulien, Thingvalla, Gardar, Park, Crystal, Elora and Lodema,
in the county of Pembina, and be entitled to one senator and two
representatives.

The Third District shall consist of the townships of Perth, Latona, Adams,
Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon, Golden, Lampton,
Eden, Rushford, Kensington, Dundee, Ops, Prairie Center, Fertile, Park River and
Glenwood, in the county of Walsh, and be entitled to one senator and two
representatives.

The Fourth District shall consist of the townships of Forest River, Walsh
Center, Grafton, Farmington, Ardock, Village of Ardock, Harrison, City of
Grafton, Oakwood, Martin, Walshville, Pulaski, Ackton, Minto and St. Andrews, in
the county of Walsh, and be entitled to one senator and three representatives.

The Fifth District shall consist of the townships of Gilby, Johnstown, Strabane,
Wheatfield, Hegton, Arvilla, Avon, Northwood, Lind, Grace, Larimore, and the
city of Larimore, Elm Grove, Agnes, Inkster, Elkmount, Oakwood, Niagara,
Moraine, Logan and Loretta in the county of Grand Forks, and be entitled to one
senator and two representatives.

The Sixth District shall consist of the Third, Fourth, Fifth and Sixth wards of
the city of Grand Forks, as now constituted, and the townships of Falconer,
Harvey, Turtle River, Ferry, Rye, Blooming, Meckinock, Lakeville and Levant in
the county of Grand Forks and be entitled to one senator and two
representatives.

The Seventh District shall consist of the First and Second wards of the city of
Grand Forks, as now constituted, and the townships of Grand Forks, Brenna,
Oakville, Chester, Pleasant View, Fairfield, Allendale, Walle, Bentru, Americus,
Michigan, Union and Washington, in the county of Grand Forks, and be entitled to
one senator and two representatives.

The Eighth District shall consist of the county of Traill and be entitled to one
senator and four representatives.

The Ninth District shall consist of the township of Fargo and the City of Fargo
in the County of Cass and the fractional township number 139 in range 48, and be
entitled to one senator and two representatives.

The Tenth District shall consist of the townships of Noble, Wiser, Harwood,
Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin, Raymond, Mapleton,
Warren, Norman, Elm River, Harmony, Durbin, Addison, Davenport, Casselton and
the City of Casselton, in the County of Cass, and be entitled to one senator and
three representatives.

The Eleventh District shall consist of the townships of Webster, Rush River,
Hunter, Arthur, Amenia, Everest, Maple River, Leonard, Dows, Erie, Empire,
Wheatland, Gill, Walburg, Watson, Page, Rich, Ayr, Buffalo, Howes, Eldred,
Highland, Rochester, Lake, Cornell, Tower, Hill, Clifton and Pontiac, in the
County of Cass, and be entitled to one senator and three representatives.

The Twelfth District shall consist of the county of Richland and be entitled to
one senator and three representatives.

The Thirteenth District shall consist of the county of Sargent and be entitled
to one senator and two representatives.

The Fourteenth District shall consist of the county of Ransom and be entitled to
one senator and two representatives.

The Fifteenth District shall consist of the county of Barnes and be entitled to
one senator and two representatives.

The Sixteenth District shall consist of the counties of Steele and Griggs and be
entitled to one senator and two representatives.

The Seventeenth District shall consist of the county of Nelson and be entitled
to one senator and one representative.

The Eighteenth District shall consist of the county of Cavalier and be entitled
to one senator and two representatives.

The Nineteenth District shall consist of the counties of Towner and Rolette and
be entitled to one senator and one representative.

The Twentieth District shall consist of the counties of Benson and Pierce and be
entitled to one senator and two representatives.

The Twenty-first District shall consist of the county of Ramsey and be entitled
to one senator and two representatives.

The Twenty-second District shall consist of the counties of Eddy, Foster and
Wells and be entitled one senator and two representatives.

The Twenty-third District shall consist of the county of Stutsman, and be
entitled to one senator and two representatives.

The Twenty-fourth District shall consist of the county of LaMoure, and be
entitled to one senator and one representative.

The Twenty-fifth District shall consist of the county of Dickey, and be entitled
to one senator and two representatives.

The Twenty-sixth District shall consist of the counties of Emmons, McIntosh,
Logan and Kidder, and be entitled to one senator and two representatives.

The Twenty-seventh District shall consist of the county of Burleigh, and be
entitled to one senator and two representatives.

The Twenty-eighth District shall consist of the counties of Bottineau and
McHenry and be entitled to one senator and one representative.

The Twenty-ninth District shall consist of the counties of Ward, McLean, and all
the unorganized counties laying north of the Missouri river, and be entitled to
one senator and one representative.

The Thirtieth District shall consist of the counties of Morton and Oliver, and
be entitled to one senator and two representatives.

The Thirty-first District shall consist of the counties of Mercer, Stark and
Billings and all the unorganized counties lying south of the Missouri river, and
be entitled to one senator and one representative.

===== ARTICLE XIX.  PUBLIC INSTITUTIONS. =====

Sec. 215. The following public institutions of the State are permanently located
at the places hereinafter named, each to have the lands specifically granted to
it by the United States in the Act of Congress approved February 22, 1889, to be
disposed of and used in such manner as the Legislative Assembly may prescribe
subject to the limitations provided in the article on school and public lands
contained in this Constitution.

First: The seat of government at the City of Bismarck in the County of Burleigh. 

Second: The State University and the School of Mines at the city of Grand Forks,
in the County of Grand Forks.

Third: The Agricultural  College at the City of Fargo, in the County of Cass.

Fourth: A State Normal School at the city of Valley City, in the County of
Barnes, and the Legislative Assembly, in apportioning the grant of eighty
thousand acres of land for normal schools made in the act of Congress referred
to shall grant to the said Normal School at Valley City, as aforementioned,
fifty thousand (50,000) acres, and said lands are hereby appropriated to said
institution for that purpose.

Fifth: The School for the Deaf and Dumb of North Dakota at the City of Devils
Lake, in the County of Ramsey.

Sixth: A State Training School at the City of Mandan, in the County of Morton.

Seventh: A State Normal School at the City of Mayville, in the County of Traill,
and the Legislative Assembly in apportioning the grant of lands made by Congress
in the act aforesaid for State Normal Schools shall assign thirty thousand
(30,000) acres to the institution hereby located at Mayville, and said lands are
hereby appropriated for said purpose.

Eighth: A State Hospital for the Insane at the City of Jamestown, in the County
of Stutsman.  And the Legislative Assembly shall appropriate twenty thousand
acres of the grant of lands made by the Act of Congress aforesaid for other
educational and charitable institutions to the benefit and for the endowment of
said institution, and there shall be located at or near the City of Grafton, in
the County of Walsh, an institution for the Feeble Minded, on the grounds
purchased by the Secretary of the Interior for a Penitentiary building.

Sec. 216. The following named public institutions are hereby permanently located
as hereinafter provided, each to have so much of the remaining grant of one
hundred and seventy thousand (170,000) acres of land made by the United States
for "other edu cational and charitable institutions" as is allotted by law,
namely: 

First: A soldiers' home, when located, or such other charitable institution as
the legislative assembly may determine, at Lisbon, in the County of Ransom, with
a grant of forty thousand (40,000) acres of land. 

Second: A blind asylum, or such other institutipn as the legislative assembly
may determine, at such place in the County of Pembina as the qualified electors
of said county may determine, at an election to be held as prescribed by the
legislative assembly, with a grant of thirty thousand: (30,000) acres. 

Third: An industrial school and school for manual training, or such other
educational or charitable Institution as the legislative assembly may provide,
at the Town of Ellendale, in the County of Dickey, with a grant of forty
thousand (40,000) acres. 

Fourth: A school of forestry, or such other institution as the legislative
assembly may determine, at such place in one of the Counties of McHenry, Ward,
Bottineau and Rolette, as the electors of the said counties may determine by an
election for that purpose, to be held as provided by the legislative assembly. 

Fifth: A scientific school, or such other educational or charitable institution
as the legislative assembly may prescribe, at the City of Wahpeton, County of
Richland, with a grant of forty thousand (40,000) acres.

Sixth: A state normal school at the City of Minot in the County of Ward. 

Seventh: (b) A state hospital for the insane at such place within this state as
shall be selected by the legislative assembly, provided, that no other
institution of a character similar to any one of those located by this Article
shall be established or maintained without a revision of this Constitution. 

===== SCHEDULE. =====

Section 1. That no inconvenience may arise from a change of territorial
government to state government, it is declared that all writs, actions,
prosecutions, claims and rights of individuals and bodies corporate shall
continue as if no change of government had taken place, and all processes which
may, be fore the organization of the judicial department under this
Constitution, be issued under the authority of the Territory of Dakota shall be
as valid as if issued in the name of the State.

Sec. 2. All laws now in force in the Territory of Dakota, which are not
repugnant to this Constitution, shall remain in force until they expire by their
own limitations or be altered or repealed.

Sec. 3. All fines, penalties, forfeitures and escheats accruing to the Territory
of Dakota shall accrue to the use of the states of North Dakota and South Dakota
and may be sued for and recovered by either of said states as necessity may
require.

Sec. 4. All recognizances, bonds, obligations or other undertakings heretofore
taken, or which may be taken before the organization of the judicial department
under this Constitution, shall remain valid, and shall pass over to, and may be
prosecuted in the name of the state; all bonds, obligations or other
undertakings executed to this territory, or to any officer in his official
capacity, shall pass over to the proper state authority, and to their successors
in office, for the uses therein respectively expressed, and may be sued for and
recovered accordingly; all criminal prosecutions and penal actions which have
arisen, or may arise before the organization of the judicial department, under
this Constitution, <r which shall then be pending, may be prosecuted to judgment
and execution in the name of the state.

Sec. 5. All property, real and personal, and credits, claims and choses in
action belonging to the Territory of Dakota at the time of the adoption of this
Constitution, shall be vested in and become the property of the States of North
Dakota and South Dakota.

Sec. 6. Whenever any two of the judges of the Supreme court of the State,
elected under the provisions of this Constitution shall have qualified in their
offices, the causes then pending in the Supreme court of the Territory on appeal
or writ of error from the district courts of any county or subdivision within
the limits of this State, and the papers, records and proceedings of said court
shall pass into the jurisdiction and possession of the Supreme court of the
State, except as otherwise provided in the enabling act of Congress, and until
so superseded the Supreme court of the Territory and the judges thereof shall
continue, with like powers and jurisdiction, as if this Constitution had not
been adopted. Whenever the judge of the district court of any district elected
under the provisions of this Constitution shall have qualified in his office,
the several causes then pending in the district court of the Territory within
any county in such district, and the records, papers and proceedings of said
district court, and the seal and other property pertaining thereto, shall pass
into the jurisdiction and possession of the district court of the State for such
county, except as provided in the enabling act of Congress, and until the
district courts of this Territory shall be superseded in the manner aforesaid,
the said district courts and the judges thereof shall continue with the same
jurisdiction and power to be exercised in the same judicial districts respect
ively as heretofore constituted under the laws of the Territory.

Sec. 7. Until otherwise provided by law, the seals now in use in the supreme and
district courts of this Territory are hereby declared to be the seals of the
supreme and district courts respectively of the State.

Sec. 8. Whenever this Constitution shall go into effect, the books, records and
papers, and proceedings of the probate court in each county, and all causes and
matters of administration and other matters pending therein, shall pass into the
jurisdiction and possession of the county court of the same county, and the said
county court shall proceed to final decree or judgment, order or other
determination in the said several matters and causes as the said probate court
might have done if this Constitution had not been adopted. And until the
election and qualification of the judges of the county courts provided for in
this Constitution, the probate judges shall act as the judges of the county
courts within their respective counties, and the seal of the probate court in
each county shall be the seal of the county court therein, until the said court
shall have procured a proper seal.

Sec. 9. The terms "probate court" or "probate judge" whenever occurring in the
statutes of the territory shall, after this Constitution goes into effect, be
held to apply to the county court or county judge.

Sec. 10. All territorial, county and precinct officers, who may be in office at
the time this Constitution takes effect, whether holding their offices under the
authority of the United States or of the Territory, shall hold and exercise
their respective offices, and perform the duties thereof as prescribed in this
Constitution, until their successors shall be elected and qualified in
accordance with the provisions of this Constitution, and official bonds of all
such officers shall continue in full force and effect as though this
Constitution had not been adopted; and such officers for their term of service,
under this Constitution, shall receive the same salaries and compensation as is
by this Constitution, or by the laws of the territory, provided for like
officers; Provided, That the county and precinct officers shall hold their
offices for the term for which they were elected. There shall be elected in each
organized county in this State, at the election to be held for the ratification
of this Constitution, a clerk of the district court, who shall hold his office
under said election until his successor is duly elected and qualified. The
judges of the district court shall have power to appoint states attorneys in any
organized county where no such attorneys have been elected, which appointment
shall continue until the general election to be held in 1890, and until his
successor is elected and qualified.

Sec. 11. This Constitution shall take effect and be in full force immediately
upon the admission of the territory as a state.

Sec. 12. Immediately upon the adjournment of this Convention the Governor of the
Territory, or in case of his absence or failure to act, the Secretary of the
Territory, or in case of his absence or failure to act, the President of the
Constitutional Convention shall issue a proclamation, which shall be published
and a copy thereof mailed to the chairman of the board of county commissioners
of each county, calling an election by the people on the first Tuesday in
October, 1889, of all the state and district officers created and made elective
by this Constitution. This Constitution shall be submitted for adoption or
rejection at said election to a vote of the electors qualified by the laws of
this territory to vote at all elections. At the election provided for herein the
qualified voters shall vote directly for or against this Constitution and for or
against the article separately submitted.

Sec. 13. The board of commissioners of the several counties shall there upon
order such election for said day, and shall cause notice thereof to be given
"for the period of 20 days in the manner provided by law." Every qualified
elector of the territory, at the date of said election, shall be entitled to
vote thereat. Said election shall be conducted in all respects in the same
manner as provided by the laws of the territory for general elections, and the
returns for all state and district officers, and members of the Legislative
Assembly, shall be made to tie canvassing board hereinafter provided for.

Sec. 14. The Governor, Secretary and Chief Justice or a majority of them, shall
constitute a board of canvassers to canvass the vote of such election for all
state and district officers aud members of the Legislative Assembly.  The said
board shall assemble at the seat of government of the Territory on the fifteenth
day after the day of such election (or on the following day if such day falls on
Sunday), and proceed to canvass the votes on the adoption of this Constitution
and for all State and district officers and members of the Legislative Assembly
in the manner provided by the laws of the Territory for canvassing the vote for
Delegate to Congress, and they shall issue certificates of election to the
persons found to be elected to said offices severally, and shall make and file
with the Secretary of the Territory an abstract certified by them, of the number
of votes cast for or against the adoption of the Constitution, and for each
person for each of said offices and of the total number of votes cast in each
county.

Sec. 15. All officers elected at such election shall, within sixty days after
the date of the executive proclamation admitting the State of North Dakota into
the Union, take the oath required by this Constitution, and give the same bond
required by the law of the Territory to be given in case of like officers of the
Territory and districts, and shall thereupon enter upon the duties of their
respective offices; but the Legislative Assembly may require by law all such
officers to give other or further bonds as a condition of their continuance in
office.

Sec. 16. The judges of the district court who shall be elected at the election
herein provided for shall hold their offices until the first Monday in January,
1893, and until their successors are elected and qualified. All other state
officers, except judges of the supreme court, who shall be elected at the
election herein provided for, shall hold their offices until the first Monday in
January, 1891, and until their successors are elected and qualified. Until
otherwise provided by law the judges of the supreme court snail receive for
their services the salary of four thousand dollars per annum, payable quarterly;
and the district judges shall receive for their services the salary of three
thousand dollars per annum, payable quarterly.

Sec. 17. The Governor-elect of the state immediately upon his qualifying and
entering upon the duties of his office shall issue his proclamation convening
the Legislative Assembly of the State at the seat of government, on a day to be
named in said proclamation, and which shall not be less than fifteen nor more
than forty days after the date of such proclamation. And said Legislative
Assembly after organizing shall proceed to elect two senators of the United
States for the State of North Dakota; and at said election the two persons who
shall receive a majority of all the votes cast by the said senators and
representatives shall be elected such United States Senators. And the presiding
officers of the senate and house of representatives shall each certify the
election to the Governor and Secretary of the State of North Dakota; and the
Governor and Secretary of State shall certify the elections of such senators as
provided by law.

Sec. 18. At the election herein provided for there shall be elected a
Representative to the Fifty-first Congress of the United States, by the
electors of the state at large.

Sec. 19. It is hereby made the duty of the Legislative Assembly at its first
session to provide for the payment of all debts and indebtedness authorized to
be incurred by the Constitutional Convention of North Dakota, which shall remain
unpaid after the appropriation made by Congress for the same shall have been
exhausted.

Sec. 20. There shall be submitted at the same election at which this
Constitution is submitted for rejection or adoption. Article 20 entitled
"prohibition" and persons who desire to vote for said article shall have written
or printed on their ballots "for prohibition," and all persons desiring to vote
against said article shall have written or printed on their ballots "against
prohibition." If it shall appear according to the returns herein provided for
that a majority of all the votes cast at said election for and against
prohibition are for prohibition, then said Article 20 shall be and form a part
of this Constitution and be in full force and effect as such from the date of
the admission of this state into the Union. But if a majority of said votes
shall appear according to said returns to be "against prohibition, then said
Article 20 shall be null and void, and shall not be a part of this Constitution.

Sec. 21. The agreement made by the Joint Commission of the Constitutional
Conventions of North Dakota aud South Dakota concerning the records, books and
archives of the Territory of Dakota, is hereby ratified and confirmed; which
agreement is in the words following: --That is to say--

The following books, records and archives of the Territory of Dakota shall be
the property of North Dakota, to-wit: All records, books and archives in the
offices of the Governor and Secretary of the Territory (except records of
Articles of Incorporation of Domestic Corporations, returns of election of
Delegates to the Constitutional Convention/of 1889 for South Dakota, returns of
elections held under the so called Local Option Law, in counties within the
limits of South Dakota, bonds of Notaries Public appointed for counties within
the limits of South Dakota, papers relating to the organization of counties
situate within the limits of South Dakota, all which records and archives are a
part of the records and archives of said Secretary's office: excepting also,
census returns from counties situate within the limits of South Dakota and
papers relating to requisitions issued upon the application of officers of
counties situate within the limits of South Dakota, all which are a part of the
records and archives of said Governor's office). And the following records,
books and archives shall also be the property of the State of North Dakota,
to-wit:

Vouchers in the office or custody of the Auditor of this Territory relating to
expenditures on account of public institutions, grounds or buildings situate
within the limits of North Dakota. One Warrant Register in the office of the
Treasurer of this territory, being a record of warrants issued under and by
virtue of Chapter 24 of the laws enacted by the Eighteenth Legislative Assembly
of Dakota Territory All letters, receipts and vouchers in the same office now
filed by counties and pertaining to counties within the limits of North Dakota.
Paid and canceled coupons in the same office representing interest on bonds of
South Dakota which said State of North Dakota is to assume and pay. Reports of
gross earnings of the year 1888 in the same office, made by corporations
operating lines of railroads situated wholly or mainly within the limits of
North Dakota. Records and papers of the office of the Public Examiner of the
Second District of the territory. Records and papers of the office of the
District Board of Agriculture. Records and papers in the office of the Board of
Pharmacy of the District of North Dakota.

All records, books and archives of the Territory of Dakota which it is not
herein agreed shall be the property of North Dakota, shall be the property of
South Dakota.

The following books shall be copied and the copies shall be the property of
North Dakota and the cost of such copies shall be borne equally by said States
of North Dakota and South Dakota. That is to say :

Appropriation Ledger for years ending November 1889-90 -- one volume.

The Auditor's Current Warrant Register -- one volume.

Insurance Record for 1889âone volume.

Treasurer's Cash Book -- "D."

Assessment Ledger -- "B."

Dakota Territory Bond Register -- one volume.

Treasurer's Current Ledger -- one volume.

The originals of the foregoing volumes which are to be copied shall at any time
after such copying shall have been completed, be delivered on demand to the
proper authorities of the State of South Dakota.

All other records, books and archives which it is hereby agreed shall be the
property of South Dakota, shall remain at the Capitol of North Dakota until
demanded by the Legislature of the State of South Dakota and until the State of
North Dakota shall have had a reasonable time after such demand is made to
provide copies or abstracts of such portions thereof as the said State of North
Dakota may desire to have copies or abstracts of.

The State of South Dakota may also provide copies or abstracts of such records,
books and archives, which it is agreed shall be the property of North Dakota, as
said State of South Dakota shall desire to have copies or abstracts of.

The expense of all copies or abstracts of records, books and archives which it
is herein agreed may be made, shall be borne equally by said two states.

Sec. 22. Should the counties containing lands which form a part of the grant of
lands made by Congress to the Northern Pacific railroad company be compelled by
law to refund moneys paid for such lands or any of them by purchasers thereof at
tax sales thereof, based upon taxes illegally levied upon -said lands, then and
in that case the State of North Dakota shall appropriate the sum of $25,000, or
so much thereof as may be necessary to reimburse said counties for the amount so
received from said illegal tax sales and paid by said counties into the treasury
of Dakota Territory.

Sec. 23. This Constitution shall after its enrollment be signed by the President
of this Convention and the Chief Clerk thereof and such delegates as desire to
sign the same, whereupon it shall be deposited in the office of the Secretary of
the Territory, where it may be signed at any time by any delegate who shall be
prevented from signing the same for any reasons at the time of the adjournment
of this Convention.

Sec. 24. In case the territorial officers of the Territory of Dakota, or any of
them who are now required by law to report to the Governor of the Territory,
annually or biennially, shall prepare and publish such reports covering the
transactions of their offices up to the time of the admission of the State of
North Dakota into the Union, the Legislative Assembly shall make sufficient
appropriations to pay one-half of the cost of such publication.

Sec. 25. The Governor and Secretary of the Territory are hereby authorized to
make arrangements for the meeting of the first Legislative Assembly, and the
inauguration of the State government.

Sec. 26. The Legislative Assembly shall provide for the editing, and for the
publication, in an independent volume, of this Constitution, as soon as it shall
take effect, and whenever it shall be altered or amended, and shall cause to be
published in the same volume the Declaration of Independence, the Constitution
of the United States and the Enabling Act.

Done at Bismarck, Dakota, in open Convention, this 17th day of August, A. D.
1889.

John G. Hamilton, F. B. Fancher,

Chief Clerk. President.

===== AMENDMENTS TO CONSTITUTION. =====

==== ARTICLE I. ====

The Legislative Assembly shall have no power to authorize lotteries or gift
enterprises for any purpose and shall pass laws to prohibit the sale of lottery
or gift enterprise tickets.

(Ratified by popular vote November 6, 1894)

==== ARTICLE II. ====

Sec. 121. Every male person of the age of twenty-one years or upwards, belonging
to either of the following classes, who shall have resided in the state one year
and in the county six months, and in the precinct ninety days next preceding any
election, shall be a qualified elector at such election:

First - Citizens of the United States.

Second - Civilized persons of Indian descent who shall have severed their tribal
relations two years next preceding such election.

Sec. 127. No person who is under guardianship, non compos mentis or insane shall
be qualified to vote at any election; nor any person convicted of treason or
felony, unless restored to civil rights; and the legislature shall by law
establish an educational test as a qualification, and may prescribe penalties
for failing, neglecting or refusing to vote at any general election.

(Ratified by popular vote November 8, 1898.)


==== ARTICLE III. ====

Sec. 76. The governor shall have power in conjunction with the board of pardons,
of which the governor shall be ex-officio a member and the other members of
which shall consist of the attorney general of the state of North Dakota, the
chief justice of the supreme court of the state of North Dakota, and two
qualiï¬ed electors who shall be appointed by the governor, to remit ï¬nes and
forfeitures, to grant reprieves, comumutations and pardons after conviction for
all offenses except treason and cases of impeachment; but the legislative
assembly may by law regulate the manner in which the remission of ï¬nes, pardons,
commutations and reprieves may be applied for. Upon conviction of treason the
governor shall have the power to suspend the execution of sentence until the
case shall be reported to the legislative assembly at its next regular session,
when the legislative assembly shall either pardon or commute the sentence,
direct the execution of the sentence or grant further reprieve. The governor
shall communicate to the legislative assembly at each regular session each case
of remission of ï¬ne, reprieve, commutation or pardon granted by the board of
pardons, stating the name of the convict, the crime for which he is convicted,
the sentence and its date and the date of remission, commutation, pardon or
reprieve, with their reasons for granting the same.

(Ratified by popular vote November 6, 1900.)

==== ARTICLE IV. ====

Sec. 179. All property, except as hereinafter in this section provided, shall be
assessed in the county, city, township, village or district in which it is
situated, in the manner prescribed by law. The franchise, roadway, roadbed,
rails and rolling stock of all railroads, and the franchise and all other
property of all express companies, freight line companies, car equipment
companies, sleeping car companies, dining car companies, telegraph or telephone
companies or corporations operated in this state and used directly or indirectly
in the carrying of persons, property or messages, shall be assessed by the state
board of equalization at their actual value, and such assessed value shall be
apportioned to the counties, cities, towns. villages, townships and districts in
which such railroad companies, express companies, sleeping car companies, dining
car companies, telegraph and telephone companies are located, or through which
they are operated, as a basis for the taxation of such property, in proportion
to the number of miles of such property within such counties, cities, towns,
villages, townships and districts, or over which any part of such property is
used or operated within such counties, towns, villages, townships and districts.
But should any railroad allow any portion of its roadway to be used for any
purpose other than the operation of a railroad thereon, such portion of its
roadway, while so used, shall be assessed in the manner provided for the
assessment of other real property.

(Ratified by popular vote November 6, 1900.)

==== ARTICLE V. ====

Subdivision 5 of section 215.

Fifth. The school for the deaf and dumb of North Dakota, at the City of Devils
Lake, in the county of Ramsey.

[Approved and ratified 1904.]

==== ARTICLE VI. ====

Subdivision 8 of section 215.

Eighth. A state hospital for the insane at the city of Jamestown, in the county
of Stutsman. And the legislative assembly shall appropriate twenty thousand
acres of the grant of lands made by the act of congress aforesaid for "other
educational and charitable institutions," to the benefit and for the endowment
of said institution, and there shall be located at or near the city of Grafton,
in the county of Walsh, an institution for the feeble minded on the grounds
purchased by the secretary of the interior for a penitentiary building.

[Approved and ratified 1904.]

==== ARTICLE VII. ====

Addenda to section 176: The legislative assembly may further provide that grain
grown within the state and held therein in elevators, warehouses and granaries
may be taxed at a fixed rate.

[Approved and ratified 1904.]

==== ARTICLE VIII. ====

The moneys of the permanent school fund and other educational funds shall be
invested only in bonds of school corporations or of counties, or of townships,
or of municipalities within the state, bonds issued for the construction of
drains under authority of law within the state, bonds of the United States,
bonds of the state of North Dakota, bonds of other states; provided, such states
have never repudiated any of their indebtedness, or on first mortgages on farm
lands in this state, not exceeding in amount one third of the actual value of
any subdivision on which the same may be loaned, such value to be determined by
the board of appraisal of school lands.

[Approved and ratified 1908.]

==== ARTICLE IX. ====

Sec. 158. Minimum Price of State Lands. No lands shall be sold for less than the
appraised value and in no case for less than ten dollars per acre. The purchaser
shall pay one-fifth of the price in cash, and the remaining four fifths as
follows: One-fifth in five years, one-fifth in ten years, one-fifth in fifteen
years and one-fifth in twenty years, with interest at the rate of not less than
six per centum, payable annually in advance. All sales shall be held at the
county seat of the county in which the land to be sold is situate, and shall be
at public auction and to the highest bidder, after sixty days' advertisement of
the same in a newspaper of general circulation in the vicinity of the lands to
be sold, and one at the seat of government. Such lands as shall not have been
specially subdivided shall be offered in tracts of one-quarter section, and
those so subdivided in the smallest subdivisions.  All lands designated for sale
and not sold within two years after appraisal, shall be reappraised before they
are sold. No grant or patent for any such lands shall issue until payment is
made for the same; provided, that the lands contracted to be sold by the state
shall be subject to taxation from the date of such contract. In case the taxes
assessed against any of said lands for any year remain unpaid until the first
Monday in October of the following year, then and thereupon the contracts of
sale of such lands shall, at the election of the board of university and school
lands, become null and void; and no such contract heretofore made shall be held
void for nonpayment of taxes accruing on the lands described therein; provided,
such taxes shall have been paid before this amendment takes effect; provided,
further, that any school or institution land that may be required for town site
purposes may be paid for at any time and patent issued therefor.

[Approved and ratified 1908.]

==== ARTICLE X. ====

Sec. 89. The supreme court shall consist of five judges, a majority of whom
shall be necessary to form a quorum or pronounce a decision; but one or
more of said judges may adjourn the court from day to day or to a day
certain.

[Approved and ratified 1908.]

==== ARTICLE XI. ====

Sec. 158. No land shall be sold for less than the appraised value, and in no
case for less than ten dollars per acre. The purchaser shall pay one-fifth of
the price in cash and the remaining four-fifths as follows: One-fifth in five
years, one-fifth on or before the expiration of ten years, one-fifth on or
before the expiration of fifteen years, and one-fifth on or before the
expiration of twenty years, with interest payable at the rate of not less than
five per centum per annum payable annually in advance; provided, that when
payments are made before due they shall be made at an interest paying date, and
one year's interest in advance shall be paid on all moneys so paid. All sales
shall be held at the county seat of the county in which the land to be sold is
situated, and be at public auction and to the highest bidder after sixty days'
advertisement of the same in a newspaper in general circulation in the vicinity
of the land to be sold, and also published in a newspaper published at the
county seat, and also in a newspaper published at the seat of government. Such
lands as shall not have been especially subdivided shall be offered in tracts of
one-quarter section, and those sub divided in the smallest subdivision. All
lands designated for sale and not sold within two years after appraisal shall be
re-appraised before they are sold. No grant or patent for such lands shall issue
until payment is made for the same; provided, that the lands contracted to be
sold by the state shall be subject to taxation from the date of such contract.
In case the taxes assessed against any of said lands for any year remain unpaid
until the first Monday in October of the following year, then and thereupon the
contract of sale for such lands shall, if the board of university and school
lands so determine, become null and void. Any lands under the provisions of
section 158 of the constitution of the state of North Dakota that have
heretofore been sold may be paid for, except as to interest, as provided herein;
provided, further, that any school or institution lands that may be required for
township purposes, may be paid for at any time and patent issued therefor.

[Approved and ratified 1910.]

==== ARTICLE XII. ====

Sec. 216. The following named public institutions are hereby permanently
located as hereinafter provided, each to have so much of the remaining grant
of one hundred and seventy thousand acres of land made by the United
States for "other educational and charitable institutions" as is allotted
by law, namely:

First. A soldiers' home, when located, or such other charitable institution
as the legislative assembly may determine, at Lisbon, in the county of
Ransom, with a grant of forty thousand acres of land.

Second. A blind asylum, or such other institution as the legislative
assembly may determine, at such place in the county of Pembina as the
qualified electors of the said county may determine at an election to be held
as prescribed by the legislative assembly, with a grant of thirty thousand
acres.

Third. An industrial school and school for manual training, or such other
educational or charitable institutions as the legislative assembly may provide,
at the town of Ellendale, in the county of Dickey, with a grant of forty
thousand acres.

Fourth. A school of forestry, or such other institution as the legislative
assembly may determine, at such place in one of the counties of McHenry,
Ward, Bottineau or Rolette, as the electors of said counties may determine
by an election for that purpose, to be held as provided by the legislative
assembly.

Fifth. A scientific school, or such other educational or charitable
institution as the legislative assembly may prescribe, at the city of Wahpeton,
county of Richland, with a grant of forty thousand acres.

Sixth. A state normal school at the city of Minot, in the county of Ward;
provided that no other institution of a character similar to any one of those
located by this article, shall be established or maintained without a revision
of this constitution.

[Approved and ratified 1910.]

==== ARTICLE XIII. ====

Sec. 158. No land shall be sold for less than the appraised value, and in no
case for less than ten dollars per acre. The purchaser shall pay one-fifth of
the price in cash, and the remaining four-fifths as follows: One-fifth in five
years, one-fifth on or before the expiration of ten years, one-fifth on or
before the expiration of fifteen years, and one-fifth on or before the
expiration of twenty years, with interest at the rate of not less than five per
cent per annum, payable annually in advance; provided, that when payments are
made before due they shall be made at an interest paying date, and one year's
interest in advance shall be paid on all moneys so paid.  All sales shall be
held at the county seat of the county in which the land to be sold is situated,
and shall be at public auction and to the highest bidder, after sixty days'
advertisement of the same in a newspaper of general circulation in the vicinity
of the land to be sold, and one at the seat of government. Such lands as shall
not have been specially subdivided shall be offered in tracts of one-quarter
section, and those subdivided in the smallest subdivisions. All lands designated
for sale and not sold within two years after appraisal shall be reappraised
before they are sold. No grant or patent for such lands shall issue until
payment is made for the same; provided that the land contracted to be sold by
the state shall be subject to taxation from the date of contract. In case the
taxes assessed against any of said lands for any year remain unpaid until the
first Monday in October of the following year, then thereupon the contract of
sale for such lands shall, if the board of university and school lands so
determine, become null and void. Any lands under the provisions of section 158
of the constitution of the state of North Dakota that have heretofore been sold,
may be paid for, except as to interest, as provided, further, that any school or
institution lands that may be required for townsite purposes, school house
sites, church sites, cemetery sites, sites for other educational or charitable
institutions, public parks, fair grounds, public highways, railroad right of
way, or for other railroad uses and purposes, reservoirs for the storage of
water for irrigation, drain ditches or irrigation ditches, and lands that may be
required for any of the purposes over which the right of eminent domain may be
exercised under the constitution and the laws of the state of North Dakota, may
be sold under the provisions of this section, and shall be paid for, principal
and interest, in full in advance, at the time of sale, or at any time
thereafter, and patent issued therefor, when principal and interest are paid.

[Approved and ratified 1912.]

==== ARTICLE XIV. ====

The legislative assembly is hereby authorized and empowered to provide
by law for the erection, purchasing or leasing and operation of one or more
terminal grain elevators in the states of Minnesota or Wisconsin, or both,
to be maintained and operated in such manner as the legislative assembly
shall prescribe, and provide for inspection, weighing and grading of all grain
received in such elevator or elevators.

[Approved and ratified 1912.]

==== ARTICLE XV. ====

Sec. 25. The legislative authority of the state of North Dakota shall be vested
in a legislative assembly consisting of a senate and house of representatives,
but the people reserve to themselves power to propose laws and to enact or
reject the same at the polls, independent of the legislative assembly, and also
reserve power, at their own option, to approve or reject at the polls any act,
item, section or part of any act or measure passed by the legislative assembly.
The first power reserved by the people is the initiative, or the power to
propose measures for enactment into laws, and at least ten per cent of the legal
voters to be secured in a majority of the counties of the state shall be
required to propose any measure by initiative petition, and every such petition
shall include the full text of the measure so proposed. Initiative petitions
shall be filed with the secretary of state and not less than thirty days before
any regular session of the legislative assembly; he shall transmit the same to
the legislative assembly as soon as it convenes. Such initiative measure shall
take precedence over all other measures in the legislative assembly except
appropriation bills, and shall be either enacted or rejected without change or
amendment by the legislative assembly within forty days. If any such initiative
measure shall be enacted by the legislative assembly it shall be subject to
referendum petition, or it may be referred by the legislative assembly to the
people for approval or rejection. If it is rejected or no action is taken upon
it by the legislative assembly within said forty days, the secretary of state
shall submit it to the people for approval or rejection at the next ensuing
regular general election.  The legislative assembly may reject any measure so
proposed by initiative petition and propose a different one to accomplish the
same purpose, and in any such event both measures shall be submitted by the
secretary of state to the people for approval or rejection at the next ensuing
regular election.  If conflicting measures submitted to the people at the next
ensuing election shall be approved by a majority of the votes severally cast for
and against the same, the one receiving the highest number of afiirmative votes
shall thereby become valid, and the other shall thereby be rejected. The second
power is the referendum, or the power to order any act, item, or part of any act
to be referred to the people for their approval or rejection at the polls, and
it may be ordered (except as to laws necessary for the immediate preservation of
the public peace, health or safety), as to any measure or any parts, items or
sections of any measures passed by the legislative assembly either by a petition
signed by ten per cent of the legal voters of the state from a majority of the
counties, or by the legislative assembly, if a majority of the members elect
vote therefor. When it is necessary for the immediate preservation of the public
peace, health or safety that a law shall become effective without delay, such
necessity and the facts creating the same shall be stated in one section of the
bill, and if upon aye and no vote in each house two-thirds of all the members
elected to each house shall vote on a separate roll call in favor of the said
law going into instant operation for the immediate preservation of the public
peace, health or safety, such law shall become operative upon approval by the
governor.

The filing of a referendum petition against one or more items, sections or parts
of an act shall not delay the remainder of that act from becoming operative.
Referendum petitions against measures passed by the legislative assembly shall
be filed with the secretary of state not more than ninety days after the final
adjournment of the session of the legislative assembly which passed the measure
on which the referendum is demanded. The veto power of the governor shall not
extend to measures referred to the people. All elections on measures referred to
the people of the state shall be had at biennial regular elections, except as
provision may be made by law for a special election or elections. Any measure
referred to the people shall take effect when it is approved by a majority of
the votes cast thereon and not otherwise, and shall be in force from the date of
the official declaration of the vote.

The enacting clause of all the initiative bills shall be, "Be it enacted by the
people of the state of North Dakota." This section shall not be construed to
deprive any member of the legislative assembly of the right to introduce any
measure. The whole number of votes for secretary of state at the regular
election last preceding the filing of any petition for the initiative or for the
referendum shall be the basis on which the number of legal voters necessary to
sign such petition shall be counted.

Petitions and orders for the initiative and for the referendum shall be filed
with the secretary of state, and in submitting the same to the people he and all
other officers shall be guided by the general laws and the act submitting this
amendment until legislation shall be specially provided therefor.

This amendment shall be self executing, but legislation may be enacted to
facilitate its operation.

[Approved Nov. 3, 1914]

==== ARTICLE XVI. ====

Sec. 202. This Constitution may be amended as follows:

First: Any amendment or amendments to this Constitution may
be proposed in either house of the legislative assembly; and if the
same shall be agreed to by a majority or the members elected to each
of the two houses, such proposed amendments shall be entered on
the journal of the house with the yeas and nays taken thereon, and
referred to the legislative assembly to be chosen at the next general
election, and shall be published, as provided by law, for three
months previous to the time of making such choice, and if the legislative
assembly so next chosen as aforesaid such proposed amendment or
amendments shall be agreed to by a majority of all members
elected to each house, then it shall be the duty of the legislative
assembly to submit such proposed amendment or amendments to
the people in such manner and at such times as the legislative assembly
shall provide; and if the people shall approve and ratify
such amendment or amendments by a majority of the electors qualified
to vote for members of the legislative assembly voting thereon,
such amendment or amendments shall become a part of the Constitution
of this state. If two or more amendments shall be submitted
at the same time, they shall be submitted in such manner
that the electors shall vote for or against each of such amendments
separately.

Second: Any amendment or amendments to this Constitution
may also be proposed by the people by the filing with the Secretary of
State, at least six months previous to a general election, of an
initiative petition containing the signatures of at least twenty-five
per cent of the legal voters in each of not less than one-half of the
counties of the state. When such petition has been properly filed
the proposed amendment or amendments shall be published as the
legislature may provide, for three months previous to the general
election, and shall be placed upon the ballot to be voted upon by the
people at the next general election. Should any such amendment
or amendments proposed by initiative petition and submitted to the
people receive a majority of all the legal votes cast at such general
election, such amendment or amendments shall be referred to the
nest legislative assembly, and should such proposed amendment or
amendments he agreed upon by a majority of all the members
elected to each house, such amendment or amendments shall become
a part of the Constitution of this state. Should any amendment
or amendments proposed by initiative petition and receiving a majority
of all the votes cast at the general election as herein provided,
but failing to receive approval by the following legislative assembly
to which it has been referred, such amendment or amendments shall
again he submitted to the people at the next general election for
their approval or rejection as at the previous general election.
Should such amendment or amendments receive a majority of all
the legal votes cast at such succeeding general election such amendment
or amendments at once become a part of the Constitution of
this state. Any amendment or amendments proposed by initiative
petition and failing of adoption as herein provided, shall not be
again considered until the expiration of six years.

[Approved Nov. 3, 1914]

==== ARTICLE XVII. ====

Sec. 216. The following named public institutions are hereby permanently located
as hereinafter provided, each to have so much of the remaining grant of one
hundred and seventy thousand acres of land made by the United States for "other
educational and char- itable institutions," as is allotted by law, viz:

First: A Soldiers' Home, when located, or such other charitable institution as
the legislative assembly may determine at Lisbon; in the County of Ransom, with
a grant of forty thousand acres of land.

Second: The School for the Blind of North Dakota, at Bathgate, in the County of
Pembina, with a grant of thirty thousand acres.

Third: An Industrial School and School for Manual Training, or such other
educational or charitable institution as the legislative assembly may provide,
at the Town of Ellendale, in the County of Dickey, with a grant of forty
thousand acres.

Fourth: A School of Forestry, or such other institution as the legislative
assembly may determine, at the City of Bottineau in the County of Bottineau.

Fifth: A Scientific School or such other educational or charitable institution
as the legislative assembly may prescribe, at the City of Wahpeton, County of
Richland, with a grant of forty thousand acres.

Sixth: A State Normal School, at the City of Minot in the County of Ward;
provided, that no other institution, of a character similar to any one of those
located by this Article, shall be established or maintained without a revision
of this Constitution.

[Approved Nov. 3, 1914]

==== ARTICLE XVIII. ====

Sec. 185. Neither the state, nor any county, city, township,
town, school district or any other political sub-division shall loan or 
give its credit or make donations to or in aid of any individual, 
association or corporation except for necessary support of the poor, 
nor subscribe to or become the owner of the capital stock of any 
association or corporation, nor shall the state engage in any work 
of internal improvement unless authorized by a two-thirds vote of 
the people. Provided, that the state may appropriate money in the 
treasury or to be thereafter raised by taxation for the construction 
or improvement of public highways. 

[Approved Nov. 3, 1914]

==== ARTICLE XIX. ====

The legislative assembly is hereby authorized and empowered to provide by law
for the erection, purchasing or leasing and operation of one or more terminal
grain elevators in the State of North Dakota, to be maintained and operated in
such manner as the legislative assembly shall prescribe, and provide for
inspection, weighing and grading of all grain received in such elevator or
elevators. 

[Approved Nov. 3, 1914]

==== ARTICLE XX. ====

Sec. 176. Taxes shall be uniform upon the same class of property, including
franchises within the territorial limits of the authority levying the tax, and
shall be levied and collected for public purposes only, but the property of the
United States, and of the state, county and municipal corporations shall be
exempt from taxation; and the legislative assembly shall by a general law exempt
from taxation property used exclusively for school, religious, cemetery,
charitable or other public purposes, and personal property to any amount not
exceeding in value two hundred dollars for each individual liable to taxation;
provided that all taxes and exemptions in force when this amendment is adopted
shall remain in force, in the same manner and to the same extent, until
otherwise provided by statute. 

Sec. 179. All taxable property except as hereinafter in this Section provided,
shall be assessed in the county, city, township, village or district in which it
is situated, in the manner prescribed by law. The property, including franchises
of all railroads operated in this state, and of all express companies, freight
line companies, dining car companies, sleeping car companies, car equipment
companies, or private car line companies, telegraph or telephone companies or
corporations operating in this state and used directly or indirectly in the
carrying of persons, property or messages, shall be assessed by the State Board
of Equalization in a manner prescribed by such state board or commission as may
be provided by law. But should any railroad allow any portion of its railway to
be used for auy purposes other than the operation of a railroad thereon, such
portion of its railway, while so used shall be assessed in a manner provided for
the assessment of other real property. 

[Approved Nov. 3, 1914]

==== ARTICLE XXI. ====

Sec. 216. The following named public institutions are hereby 
permanently located as hereinafter provided, each to have so much 
of the remaining grant of one hundred and seventy thousand acres 
(170,000) of land made by the United States for "other educational and 
charitable institutions" as is allotted by law, namely:

First: A soldiers' home, when located, or such other charitable 
institutions as the legislative assembly may determine, at Lisbon, in 
the County of Ransom, with a grant of forty thousand (40,000) acres 
of land,

SECOND: A blind asylum, or such other institution as the legislative
assembly may determine, at such place in the County of Pembina
as the qualified electors of said county may determine at an 
election to be held as prescribed by the legislative assembly, with a 
grant of thirty thousand (30,000) acres.

Third: An industrial school and school for manual training 
or such other educational or charitable institution as the legislative 
assembly may provide, at the Town of Ellendale, in the County of 
Dickey, with a grant of forty thousand (40,000) acres.

Fourth: A school of forestry, or such other institution as the 
legislative assembly may determine, at such place in one of the 
Counties of McHenry, Ward, Bottineau or Rolette, as the electors of 
said counties may determine by an election for that purpose, to be 
held as provided by the legislative assembly.

Fifth: A scientific school or such other educational or charitable
institution as the legislative assembly may prescribe, at the 
City of Wahpeton, County of Richland, with a grant of forty thousand
(40,000) acres. 

Sixth: A state normal school at the City of Minot in the County of Ward. 

Seventh: (a) A state normal school at the City of Dickinson, 
in the County of Stark. 

Provided, That no other institution of a character similar to any 
one of those located by this Article shall be established or maintained
without a revision of this Constitution. 

[Approved Nov. 7, 1916]

==== ARTICLE XXII. ====

Sec. 216. The following named public institutions are hereby permanently located
as hereinafter provided, each to have so much of the remaining grant of one
hundred and seventy thousand (170,000) acres of land made by the United States
for "other edu cational and charitable institutions" as is allotted by law,
namely: 

First: A soldiers' home, when located, or such other charitable institution as
the legislative assembly may determine, at Lisbon, in the County of Ransom, with
a grant of forty thousand (40,000) acres of land. 

Second: A blind asylum, or such other institutipn as the legislative assembly
may determine, at such place in the County of Pembina as the qualified electors
of said county may determine, at an election to be held as prescribed by the
legislative assembly, with a grant of thirty thousand: (30,000) acres. 

Third: An industrial school and school for manual training, or such other
educational or charitable Institution as the legislative assembly may provide,
at the Town of Ellendale, in the County of Dickey, with a grant of forty
thousand (40,000) acres. 

Fourth: A school of forestry, or such other institution as the legislative
assembly may determine, at such place in one of the Counties of McHenry, Ward,
Bottineau and Rolette, as the electors of the said counties may determine by an
election for that purpose, to be held as provided by the legislative assembly. 

Fifth: A scientific school, or such other educational or charitable institution
as the legislative assembly may prescribe, at the City of Wahpeton, County of
Richland, with a grant of forty thousand (40,000) acres.

Sixth: A state normal school at the City of Minot in the County of Ward. 

Seventh: (b) A state hospital for the insane at such place within this state as
shall be selected by the legislative assembly, provided, that no other
institution of a character similar to any one of those located by this Article
shall be established or maintained without a revision of this Constitution. 

[Approved Nov. 7, 1916]

==== ARTICLE XXIII. ====

Sec. 135. In all elections for directors or managers of a corporation,
each member or shareholder may cast the whole number of
his votes for one candidate, or distribute them upon two or more 
candidates, as he may prefer, provided, any co-operative corporation
may adopt by-laws limiting the voting power of its stockholders.

[Approved Nov. 5, 1918]

==== ARTICLE XXIV. ====

The legislative assembly may by law provide for the levy of a tax upon such
lands as may be provided by law of the state for the purpose of creating a fund
to insure the owners of growing crops against losses by hail; provided, that
such tax shall not affect the tax of four mills levied by the Constitution. The
Legislative Assembly may classify such lands of the state as may be provided by
law, and divide the State into districts on such basis as shall seem just and
necessary, and may vary the tax rates in such districts in accordance with the
risk, In order to secure an equitable distribution of the burden of such tax
among the owners of such land as may be provided by law. 

[Approved Nov. 5, 1918]

==== ARTICLE XXV. ====

Sec. 89. The Supreme Court shall consist of five judges, a majority of whom
shall be necessary to form a quorum or pronounce a decision, but one or more of
said, judges may adjourn the court from day to day or to a day certain,
provided, however, that in no case shall any legislative enactment or law of
the State of North Dakota be declared unconstitutional unless at least four of
the judges shall so decide.

[Approved Nov. 5, 1918]

==== ARTICLE XXVI. ====

Sec. 25 (in Article 2 as Amended by Article 15 of Amendment).  The legislative
power of this state shall be vested in a legislature consisting of a senate and
a house of representatives. The people, however, reserve the power, first, to
propose measures and to enact or reject the same at the polls; second, to
approve or reject at the polls any measure or any item, section, part or parts
of any measure enacted by the legislature.

The first power reserved is the initiative. Ten thousand electors at large may
propose any measure by initiative petition. Every such petition shall contain
the full text of the measure and shall be filed with the Secretary of State not
less than ninety days before the election at which it is to be voted upon. 

The second power reserved is the referendum. Seven thousand electors at large
may, by referendum petition, suspend the operation of any measure enacted by
the legislature, except an emergency measure. But the filing of a referendum
petition against one or more items, sections or parts of any measure, shall not
prevent the remainder from going into effect. Such petition shall be filed with
the Secretary of State not later than ninety days after the adjournment of the
session of the legislature at which such measure was enacted. 

Each measure initiated by or referred to the electors, shall be submitted by
its ballot title, which shall be placed upon the ballot by the Secretary of
State and shall be voted upon at any state-wide election designated in the
petition, or at a special election called by the Governor. The result of the
vote upon any measure shall be canvassed and declared by the board of
canvassers. 

Any measure, except an emergency measure, submitted to the electors of the
state, shall become a law when approved by a majority of the votes cast
thereon. And such law shall go into effect on the 30th day after the election,
unless otherwise specified in the measure. 

If a referendum petition is filed against an emergency petition such measure
shall be a law until voted upon by the electors. And if it is then rejected by
a majority of the votes cast thereon, it shall he thereby repealed. Any such
measure shall be submitted to the electors at a special election if so ordered
by the Governor, or if the referendum petition filed against it shall be signed
by thirty thousand electors at large. Such special election shall be called by
the Governor, and shall be held not less than one hundred nor more than one
hundred thirty days after the adjournment of the session of the legislature.

The Secretary of State shall pass upon each petition, and if he finds it
insufficient, he shall notify the "Committee for the Petitioners" and allow
twenty days for correction or amendment. All decisions of the Secretary of
State in regard to any such petition shall be subject to review by the Supreme
Court. But if the sufficiency of such petition is being reveiwed at the time
the ballot is prepared, the Secretary of State shall place the measure on the
ballot and no subsequent decision shall invalidate such measure if it is at
such election approved by a majority of the votes cast thereon.  If procedlngs
are brought against any petition upon any ground, the burden of proof shall be
upon the party attacking it. 

No law shall be enacted limiting the number of copies of a petition which may
be circulated. Such copies shall become part of the original petition when
filed or attached thereto. Nor shall any law be enacted prohibiting any person
from giving or receiving compensation for circulating the petitions, nor in any
manner interfering with the freedom in securing signatures to petitions. 

Each petition shall have printed thereon a ballot title, which shall fairly
represent the subject matter of the measure, and the names of at least five
electors who shall, constitute the "committee for the petitioners" and who
shall represent and act for the petitioners. 

All measures submitted to the electors shall be published by the state as
follows: "The Secretary of State shall cause to be printed and mailed to each
elector a publicity pamphlet, containing a copy of each measure together with
its ballot title, to be submitted at any election. Any citizen, or the officers
of any organization, may submit to the Secretary of State for publication in
such pamphlet, arguments concerning any measure therein, upon first subscribing
their names and addresses thereto and paying the fee therefor, which, until
otherwise fixed by the legislature, shall be the sum of two hundred dollars per
page." 

The enacting clause of all measures initiated by the electors shall be: "Be it
enacted by the people of the State of North Da kota." In submitting measures
to the electors, the Secretary of State and all other officials shall be guided
by the election laws until additional legislation shall be provided. 

If conflicting measures initiated by or referred to the electors shall be
approved by a majority of the votes cast thereon, the one receiving the highest
number of affirmative votes shall become the law. 

The word "measure" as used herein shall include any law or amendment thereto,
resolution, legislative proposal or enactment of any character. 

The veto power of the Governor shall not extend to the measures initiated by or
referred to the electors. No measure enacted or approved by a vote of the
electors shall be repealed or amended by the legislature, except upon a yea and
nay vote upon roll call of two-thirds of all the members elected to each house. 

This section shall be self executing and all of its provisions shall be treated
as mandatory. Laws may be enacted to facilitate its operation, but no laws
shall be enacted to hamper, restrict or impair the exercise of the rights
herein reserved to the'people.

[Approved Nov. 5, 1918]

==== ARTICLE XXVII. ====

Sec. 67. No act of the legislative assembly shall take effect until July first
after the close of the session, unless the legislature by a vote of two-thirds
of the members present and voting, in each house, shall declare it an emergency
measure, which declaration shall be set forth in the act, provided, however,
that no act granting a franchise or special privilege, or act creating any
vested right or interest other than in the state, shall be declared an
emergency measure. An emergency measure shall take effect and be in force from
and after its passage and approval by the Governor. 

[Approved Nov. 5, 1918]

==== ARTICLE XXVIII. ====

Sec. 202. Any amendment or amendments to the constitution of the state may 
be proposed in either house of the legislature, and if the same shall 
be agreed to upon roll call by a majority of the members elected to 
each house, it shall be submitted to the electors and if a majority of 
the votes cast thereon are affirmative, such amendment shall be a 
part of this constitution. 

Amendments to the constitution of the state may also be proposed
by an initiative petition of the electors; such petition shall 
be signed by twenty thousand electors at large and shall be filed 
with the Secretary of State at least one hundred twenty days prior 
to the election at which they are to be voted upon, and any amendment,
or amendments so proposed, shall be submitted to the electors 
and become a part of the constitution, if a majority of the votes 
cast thereon are affirmative. All provisions of the constitution relating
to the submission and adoption of measures by initiative 
petition, and on referendum petition shall apply to the submission 
and adoption of amendments to the constitution of the state. 

[Approved Nov. 5, 1918]

==== ARTICLE XXIX. ====

Sec. 176. Taxes shall be uniform upon the same class of property; including
franchises within the territorial limits of the authority levying the tax. The
legislature may by law exempt any or all classes of personal property from
taxation and within the meaning of this section, fixtures, buildings and
improvements of every character, whatsoever, upon land shall be deemed personal
property. The property of the United States and of the state, county and
municipal corporations and property used exclusively for school, religious,
cemetery, charitable or other public purposes shall be exempt from taxation.
Except as restricted by this Article, the legislature may provide for raising
revenue and fixing the situs of all property for the purpose of taxation.
Provided that all taxes and exemptions in force when this amendment is adopted
shall remain in force until otherwise provided by statute.

[Approved Nov. 5, 1918]


==== ARTICLE XXX. ====

Sec. 177. The legislature may by law provide for the levy and collection of an
acreage tax on lands within the state in addition to the limitations specified
in Section 174 in Article 11 of the Constitution. The proceeds of such tax
shall be used to indemnify the owners of growing crops against damages by hail,
provided that lands used exclusively for public roads, rights of way of common
carriers, mining, manufacturing or pasturage may be exempt from such tax.

[Approved Nov. 5, 1918]

==== ARTICLE XXXI. ====

Sec. 182. The state may issue or guarantee the 
payment of bonds, provided that all bonds in excess of two million 
dollars shall be secured by first mortgages upon real estate in 
amounts not to exceed one-half of its value; or upon real and personal
property of state-owned utilities, enterprises or industries, in 
amounts not exceeding its value, and, provided further, that the state 
shall not issue or guarantee bonds upon property of state-owned 
utilities, enterprises or industries in excess of ten million dollars. 

No future indebtedness shall be incurred by the state unless 
evidenced by a bond issue, which shall be authorized by law for 
certain purposes, to be clearly defined. Every law authorizing a 
bond issue shall provide for levying an annual tax, or make other 
provision, sufficient to pay the interest semi-annually, and the principal
within thirty years from the passage of such law, and shall 
specially appropriate the proceeds of such tax, or of such other provisions,
to the payment of said principal and interest, and such 
appropriation shall not be repealed nor the tax or other provisions 
discontinued until such debt, both principal and interest, shall have 
been paid. No debt in excess of the limit named herein shall be 
incurred except for the purpose of repelling invasion, suppressing 
insurrection, defending the state in time of war or to provide for 
the public defense in case of threatened hostilities.

[Approved Nov. 5, 1918]

==== ARTICLE XXXII. ====

Sec. 185. The state, any county or city may make internal improvements and may
engage in any industry, enterprise or business not prohibited by Article 20 of
the Constitution, but neither the state nor any political subdivision thereof
shall otherwise loan or give its credit or make donations to or in aid of any
individual, association or corporation except for reasonable support of the
poor, nor subscribe to or become the owner of capital stock in any association
or corporation. 

[Approved Nov. 5, 1918]

==== ARTICLE XXXIII. ====

The qualified electors of the state or of any county, or of any congressional,
judicial or legislative district may petition for the recall of any elective
congressional, state, county, judicial or legislative officer by filing a
petition with the officer with whom the petition for nomination to such office
in the primary election is filed, demanding the recall of such officer. Such
petition shall be signed by at least thirty per cent of the qualified electors
who voted at the preceding election for the office of governor in the state,
county or district from which such officer is to be recalled. The officer with
whom such petition is filed shall call a special election to be held not less
than forty or more than forty-five days from the filing of such petition.

The officer against whom such petition has been filed shall continue to perform
the duties of his office until the result of such special election shall hnve
been officially declared.  Other candidates for such office may he nominated in
the manner as is provided by law in primary elections. The candidate who shall
receive the highest number of votes shall be deemed elected for the remainder of
the term. The name of the candidate against whom the recall petition is filed
shall go on the ticket unless he resigns within ten days after the filing of the
petition. After one such petition and special election, no further recall
petition shall be filed against the same officer during the term for which he
was elected.  This article shall be self executing and all of its provisions
shall be treated as mandatory.  Laws may be enacted to facilitate its operation,
but no law shall be enacted to hamper, restrict or impair the right of recall. 

[Approved Mar 16, 1920]

==== ARTICLE XXXIV. ====

Sec. 161. The legislative assembly shall have authority to provide by law for
the leasing of lands granted to the state for educational and charitable
purposes; but no such law shall authorize the leasing of said lands for a longer
period than five years. Said lands shall only be leased for pasturage and meadow
purposes and at a public auction after notice as heretofore provided in case of
sale; provided, that all of said school lands now under cultivation may be
leased, at the discretion and under the control of the Board of University and
School Lands, for other than pasturage and meadow purposes until sold. All rents
shall be paid in advance. 

Provided, further, that coal lands may also be leased for agricultural
cultivation upon such terms and conditions and for such a period, not exceeding
five years, as the legislature may provide. 

[Approved Mar 16, 1920]

==== ARTICLE XXXV. ====

Section 183. The debt of any county, township, city, town, school district or
any other political subdivision, shall never exceed the per centum upon the
assessed value of the taxable property therein; provided that any incorporated
city may, by a two-thirds vote, increase such indebtedness three per centum on
such assessed value beyond said five per centum limit, and a school district, by
a majority vote may increase such indebtedness five per cent on such assessed
value beyond said five per centum limit; provided also that any county or city
by a majority vote may issue bonds upon any revenue producing utility owned by
such county or city, or for the purchasing or acquiring the same or building or
establishment thereof, in amounts not exceeding the physical value of such
utility, industry or enterprise.

In estimating the indebtedness which a city, county, township, school district
or any other political subdivision may incur, the entire amount, exclusive of
the bonds upon said revenue producing utilities, whether contracted prior or
subsequent to the adoption of this constitution, shall be included; provided
further that any incorporated city may become indebted in any amount not
exceeding four per centum of such assessed value without regard to the existing
indebtedness of such city for the purpose of constructing or purchasing
waterworks for furnishing a supply of water to the inhabitants of such city, or
for the purpose of constructing sewers, and for no other purpose whatever. All
bonds and obligations in excess of the amount of indebtedness permitted by this
constitution, given by any city, county, township, town, school district, or any
other political subdivision shall be void. 

[Approved Mar 16, 1920]

==== ARTICLE XXXVI. ====

Every qualified elector who shall have resided in the state one year, and in the
county ninety days, and in the precinct thirty days next preceding any election,
shall be entitled to vote at such election; provided, that where a qualified
elector moves from one precinct to another within the same county, he shall be
entitled to vote in the precinct from which he moved, until he establishes his
residence in the precinct to which he moved.

[Approved Mar 16, 1920]

==== ARTICLE XXXVII. ====

Section 121.  Every person of the age of twenty-one years or upwards, belonging
to either of the following classes who shall have resided in the state one year
and in the county ninety days and in the precinct thirty days next preceding any
election shall be a qualified elector at such election.  First, citizens of the
United States; second, civilized persons of Indian descent who have severed
their tribal relation two years next preceding such election.

[Approved Nov. 2, 1920]

==== ARTICLE XXXVIII. ====

Sec. 215. The following public institutions of the State are permanently located
at the places hereinafter named, each to have the lands specifically granted to
it by the United States in the Act of Congress approved February 22, 1889, to be
disposed of and used in such manner as the Legislative Assembly may prescribe
subject to the limitations provided in the article on school and public lands
contained in this Constitution.

First: The seat of government at the City of Bismarck in the County of Burleigh. 

Second: The State University and the School of Mines at the city of Grand Forks,
in the County of Grand Forks.

Third: The Agricultural  College at the City of Fargo, in the County of Cass.

Fourth: A State Normal School at the city of Valley City, in the County of
Barnes, and the Legislative Assembly, in apportioning the grant of eighty
thousand acres of land for normal schools made in the act of Congress referred
to shall grant to the said Normal School at Valley City, as aforementioned,
fifty thousand (50,000) acres, and said lands are hereby appropriated to said
institution for that purpose.

Fifth: The School for the Deaf and Dumb of North Dakota at the City of Devils
Lake, in the County of Ramsey.

Sixth: A State Training School at the City of Mandan, in the County of Morton.

Seventh: A State Normal School at the City of Mayville, in the County of Traill,
and the Legislative Assembly in apportioning the grant of lands made by Congress
in the act aforesaid for State Normal Schools shall assign thirty thousand
(30,000) acres to the institution hereby located at Mayville, and said lands are
hereby appropriated for said purpose.

Eighth: A State Hospital for the Insane at the City of Jamestown, in the County
of Stutsman.  And the Legislative Assembly shall appropriate twenty thousand
acres of the grant of lands made by the Act of Congress aforesaid for other
educational and charitable institutions to the benefit and for the endowment of
said institution, and there shall be located at or near the City of Grafton, in
the County of Walsh, an institution for the Feeble Minded, on the grounds
purchased by the Secretary of the Interior for a Penitentiary building.

[Approved Nov. 2, 1920]

==== ARTICLE XXXVIII. ====

Sec. 162. The moneys of the permanent school fund and other educational funds
shall be invested only in bonds of school corporations or of counties, or of
townships, or of municipalities within the state, bonds issued for the
construction of drains under authority of law within the state, bonds of the
United States, bonds of the State of North Dakota, or on first mortgages on farm
lands in this state, not exceeding in amount one-half of the actual value of any
sub-division on which the same may be loaned, such value to be determined by the
board of appraisal of school lands.

[Approved Nov. 2, 1920]

==== ARTICLE XL. ====

Every qualified elector, who shall have resided in the state one year, in the
county 90 days and in the precinct 30 days next preceding any election, shall be
entitled to vote at such election. Provided that where a qualified elector
moves from one precinct to another within the state he shall be entitled to vote
in the precinct from which he moves until he establishes his residence in the
precinct to which he moves.

[Approved Jun. 28, 1922]


==== ARTICLE XLI. ====

Sec. 173. At the First general election held after the adoption of this
Constitution, and every two years thereafter, there shall be elected in each
organized county in the State, a register of deeds, county auditor, treasurer,
sheriff, states attorney, county judge and a clerk of the district court, who
shall be electors in the county in which they are elected and who shall hold
their office until their successors are elected and qualified; provided in
counties having six thousand population or less the county judge shall also be
the clerk of the district court. The legislative assembly shall provide by law
for such other county, township and district ofiicers as may be deemed
necessary, and shall prescribe the duties and compensation of all county,
township and district officers. The sheriff and treas- urer of any county shall
not hold their respective offices for more than four years in succession.

[Approved Mar. 18, 1924]

==== ARTICLE XLII. ====

Sec. 182. The State may issue or guarantee the payment of bonds, provided that
all bonds in excess of two million dollars shall be secured by first mortgage
upon real estate in amounts not to exceed one-half of its value; or upon real
and personal property of state owned utilities, enterprises or industries, in
amounts not exceeding its value, and provided further, that the state shall not
issue or guarantee bonds upon property of state owned utilities, enterprises or
industries in excess of ten million dollars.

No further indebtedness shall be incurred by the state unless evidenced by a
bond-issue, which shall be authorized by law for certain purposes, to be clearly
defined. Every law authorizing a bond issue shall provide for levying an annual
tax, or make other provision, sufficient to pay the interest semi-annually, and
the principal within thirty years from the date of the issue of such bonds, and
shall specially appropriate the proceeds of such tax, or of such other
provisions to the payment of said principal and interest, and such appropriation
shall not be repealed nor the tax or other provisions discontinued until such
debt, both principal and interest, shall have been paid. No debt in excess of
the limit named herein shall be incurred except for the purpose of repelling
invasion, suppressing insurrection, defending the state in time of war or to
provide for the public defense in case of threatened hostilities.

[Approved Mar. 18, 1924]

==== ARTICLE XLIII. ====

Sec. 82. There shall be chosen by the qualified electors of the State at the
times and places of choosing members of the legislative assembly, a secretary of
state, auditor, treasurer, superintendent of public instruction, commissioner of
insurance, three commissioners of railroads, one attorney general and one
commissioner of agriculture and labor, who shall have attained the age of
twenty- five years, shall be citizens of the United States, and shall have the
qualifications of state electors. They shall severally hold their offices at the
seat of government, and, with the exception of the commissioners of railroads,
for the term of two years and until their successors are elected and duly
qualified, but no person shall be eligible to the office of treasurer for more
than two consecutive terms.  Of the commissioners of railroads elected at the
general election in 1926, the one having held his office for the longest time
shall serve for six years; the one having held his office the next longest time
shall serve for four years, and the one having held this office the shortest
time, shall serve for two years, provided, however, if two or more such
commissioners shall have held such office an equal or no length of time, the one
having the highest vote shall serve for the longer term; thereafter one
commissioner of railroads shall be elected every two years, and shall hold his
office for a term of six years and until his successor is elected and qualified.

[Approved Jun. 30, 1926]

==== ARTICLE XLIV. ====

Sec. 179. All taxable property except as hereinafter in this section provided,
shall be assessed in the county, city, township, village or district in which it
is situated, in the manner prescribed by law. The property, including franchises
of all railroads operated in this state, and of all express companies, freight
line companies, dining car companies, sleeping car companies, car equipment
companies, or private car line companies, telegraph or telephone companies, the
property of any person, firm or corporation used for the purpose of furnishing
electric light, heat or power, or in distributing the same for public use, and
the property of any other corporation, firm or individual now or hereafter
operating in this state, and used directly or indirectly in the carrying of
persons, property or messages, shall be assessed by the State Board of
Equalization in a manner prescribed by such state board or commission as may be
provided by law. But should any railroad allow any portion of its railway to be
used for any purpose other than the operation of a railroad thereon, such
portion of its railway, while so used shall be assessed in a manner provided for
the assessment of other real property.

[Approved Mar. 20, 1928]

==== ARTICLE XLV. ====

Sec. 104. The State shall be divided into not less than six judicial districts,
in each of which there shall be elected at general elections by the electors
thereof one or more judges of the District Court therein as may be provided by
law. The term of office of a Judge of the District Court hereafter elected shall
be six years from the first Monday in January succeeding his election and he
shall hold his office until his successor is duly qualified. At the general
election in 1932 there shall be elected as many judges as there are judgeships
to be filled in each Judicial District; the candidate receiving the highest
number of votes shall be elected to a term of six years, the candidate receiving
the next highest number of votes shall be elected to a term of four years, and
in case three judges are to be elected, the candidate receiving the next highest
number of votes shall be elected to a term of two years, and thereafter each
judge shall be elected to a term of six years.

[Approved Jun. 25, 1930]

==== ARTICLE XLVI. ====

Sec. 90. The judges of the Supreme Court shall be elected by the qualified
electors of the State at general elections. The term of office shall be ten
years and the judges shall hold their offices until their successors are duly
qualified and shall receive such compensation for their services as may be
prescribed by law. Provided that this section shall not be applicable to the
terms of office of judges of the Supreme Court elected prior to the general
election of the year 1934, at which election three Supreme Court Judges shall be
chosen; and the candidate at said election receiving the highest number of votes
shall be elected for a term of ten years, the candidate receiving the next
highest number of votes shall be elected for a term of eight years and the
candidate receiving the next highest number of votes shall be elected for a term
of six years.

[Approved Jun. 25, 1930]

==== ARTICLE XLVII. ====

That Section 217, Article 20, of the Constitution of the State of North Dakota,
be and the same is hereby repealed.

[Approved Nov. 8, 1932]

==== ARTICLE XLVIII. ====

Sec. 173. At the first general election held after the adoption of this
amendment, and every two years thereafter, there shall be elected in each
organized county in the state, a register of deeds, county auditor, treasurer,
sheriff, state's attorney, county judge and a clerk of the district court, who
shall be electors in the county in which they are elected and who shall hold
their office until their successors are elected and qualified; provided in
counties having fifteen thousand population, or less, the county judge shall
also be the clerk of the district court. Provided further that counties having a
population of 6,000 or less, the register of deeds shall also be clerk of the
district court and county judge. The legislative assembly shall provide by law
for such other county, township and district officers as may be deemed
necessary, and shall prescribe the duties and compensation of all county,
township and district officers. The sheriff and treasurer of any county shall
not hold their respective offices for more than four years in succession.

[Approved Sep. 22, 1933]

==== ARTICLE XLVIX. ====

Sec. 63. Every bill shall be read two separate times, but the first and second
readings may not be upon the same day; and the first reading may be by title of
the bill only, unless upon such first reading, a reading at length is demanded.
The second reading shall be at length. No legislative day shall be shorter than
the natural day.

[Approved Sep. 22, 1933]

==== ARTICLE L. ====

Sec. 158. No land shall be sold for less than the appraised value and in no case
be sold for less than ten dollars ($10.00) per acre.  The purchaser shall pay
one-fifth of the price in cash, and the remaining four-fifths as follows:

One-fifth in five years, one-fifth on or before the expiration of ten years,
one-fifth on or before the expiration of fifteen years, and onefifth on or
before the expiration of twenty years, with interest at the rate of not less
than three per cent per annum, payable annually; provided that when payments are
made before due they shall be made at an interest paying date. All sales shall
be held at the county seat of the county in which the land to be sold is
situated, and shall be at public auction and to the highest bidder, after sixty
days advertisement of the same in a newspaper of general circulation in the
vicinity of the land to be sold, and one at the seat of government. Such lands
as shall not have been specially subdivided shall be offered in tracts of one
quarter section, and those subdivided in the smallest subdivisions. All lands
designated for sale and not sold within two years after appraisal shall be
reappraised before they are sold. No grant or patent for such lands shall issue
until payment is made for the same; provided that the land contracted to be sold
by the State shall be subject to taxation from the date of contract. In case the
taxes assessed against any of said lands for any year remain unpaid until the
first Monday in October of the following year, then thereupon the contract of
sale for such land shall, if the Board of University and School Lands so
determine, become null and void. Any lands under the provision of Section 158 of
the Constitution of the State of North Dakota that have heretofore been sold,
may be paid for, except as to interest as provided; provided further, that any
school or institutional lands that may be required for townsite purposes, school
house sites, church sites, cemetery sites, sites for other educational or
charitable institutions, public parks, fair grounds, public highways, railroad
right of way or for other railroad uses and purposes, reservoirs for the storage
of water for irrigation, drain ditches, and lands that may be required for any
of the purposes over which the right of eminent domain may be exercised under
the Constitution and the laws of the State of North Dakota, may be sold under
the provisions of this act, and shall be paid for, principal and interest, in
full in advance at the time of the sale, or at any time thereafter, and patent
issued therefor, when principal and interest are paid. Any of the said lands,
including lands held in trust for any purpose, may, with the approval of the
Board of University and School Lands, be exchanged for lands of the United
States, as the Legislature may provide, and the lands so acquired shall be
subject to the trust, if any, to which the lands exchanged therefor were
subject, and the State shall reserve all mineral and water and water power
rights in lands so transferred by the State.

Provided, further, that, when land has been sold on contract as hereinbefore
provided, and the purchases [purchaser] or his heirs or assigns, has been
unable, at least in part by reason of successive crop failures, to pay for the
land purchased within twenty years after the date of purchase and such contract
is in default and subject to cancellation, the Board of University and School
Lands, may, if so requested by such purchaser or his heirs, or assigns, after
declaring such contract terminated, resell the land described in such contract
to such purchaser, or his heirs or assigns for the amount of the unpaid
principal of the original purchase price plus the amount of unpaid accrued
interest, but in no case shall the resale price be more than the original sale
price, such contract of resale to be upon the same terms as said original
contract excepting that the contract of resale may provide that the purchaser
may pay the first one-fifth of the resale price in five equal successive annual
installments, the first installment to be paid at the time of execution of the
resale contract, and that such resale contract shall bear interest at the rate
of three per cent per annum payable annually; and provided further, that this
Section shall be deemed self-executing insofar as provision is made herein for
resale of lands sold to the original purchaser or to his heirs or assigns.

[Approved Jun. 28, 1938]

==== ARTICLE LI. ====

The Governor or any officer of this State, or any manager or executive head, or
other person employed either directly or indirectly in any department, bureau,
commission, institution, or industry of this State, or any member of any State
board shall not appoint a member of the Legislative Assembly to any civil office
or employment of any nature whatsoever, during the term for which said member of
the Legislative Assembly shall have been elected.  No member Of the Legislative
Assembly shall accept any such appointment to civil office or other employment
during the term for which he was elected.

[Approved Jun. 28, 1938]

==== ARTICLE LII. ====

Sec. 82. There shall be chosen by the qualified electors of the State at the
times and places of choosing members of the Legislative Assembly, a secretary,
auditor, treasurer, superintendent of public instruction, commissioner of
insurance, three commissioners of railroads, an attorney general, a commissioner
of agriculture and labor, and a tax commissioner, who shall have attained the
age of twenty-five years and shall have the qualifications of state electors.
They shall severally hold their offices at the seat of government for the term
of two years and until their successors are elected and duly qualified; but no
person shall be eligible for the office of treasurer for more than two
consecutive terms; provided, however, the tax commissioner shall hold his office
for the term of four years and until his successor is elected and duly
qualified.

The tax commissioner shall be elected on a no-party ballot and he shall be
nominated and elected in the manner now provided for the nomination and election
Of the superintendent of public instruc- tion.

The first election of the tax commissioner shall not occur until the year 1940.

[Approved Jun. 28, 1938]

==== ARTICLE LIII. ====

Sec. 186. (1.) All public moneys, from whatever source derived,
shall be paid over monthly by the public official, employee, agent, director,
manager, board, bureau, or institution of the State receiving
the same, to the State Treasurer, and deposited by him to the credit
of the State, and shall be paid out and disbursed only pursuant to
appropriation first made by the Legislature; provided, however, that
there is hereby appropriated the necessary funds required in the
financial transactions of the Bank of North Dakota, and required
for the payment of losses, duly approved, payable from the State
Hail Insurance Fund, State Bonding Fund, and State Fire and Tor-
nado Fund, and required for the payment of compensation to in-
jured employees or death claims, duly approved, payable from the
Workmens Compensation Fund, and required for authorized investments
made by the Board of University and School Lands, and
required for the financial operations of the State Mill and Elevator
Association, and required for the payment of interest and principal
of bonds and other fixed obligations of the State, and required for
payments required by law to be paid to beneficiaries of the Teachers'
Insurance and Retirement Fund, and required for refunds made
under the provisions of the Retail Sales Tax Act, and the State
Income Tax Law, and the State Gasoline Tax Law, and the Estate
and Succession Tax Law, and the income of any State institution
derived from permanent trust funds, and the funds allocated under
the law to the State Highway Department and the various counties
for the construction, reconstruction, and maintenance of public
roads.

This constitutional amendment shall not be construed to apply
to fees and moneys received in connection with the licensing and organization
of physicians and surgeons, pharmacists, dentists, osteopaths,
optometrists, embalmers, barbers, lawyers, veterinarians,
nurses, chiropractors, accountants, architects, hairdressers, Chiropodists,
and other similarly organized, licensed trades and professions;
and this constitutional amendment shall not be construed to amend
or repeal existing laws or acts amendatory thereof concerning such
fees and moneys.

(2.) No bills, claims, accounts, or demands against the State
or any county or other political subdivision shall be audited, allowed,
or paid until a full itemized statement in writing shall be filed with
the officer or officers whose duty it may be to audit the same, and
then only upon warrant drawn upon the Treasurer of such funds
by the proper officer or officers.
(3.) This amendment shall become effective on July 1, 1939.

[Approved Jun. 28, 1938]

==== ARTICLE LIV. ====

Sec. 1. A board of higher education, to be officially known as the State Board
of Higher Education, is hereby created for the control and administration of the
following state educational institutions, to-wit:

(1) The State University and School of Mines, at Grand Forks, with their
substations.

(2) The State Agricultural College and Experiment Station, at Fargo, with their
substations.

(3) The School of Science, at Wahpeton.

(4) The State Normal Schools and Teachers Colleges, at Valley City, Mayville,
Minot and Dickinson.

(5) The Normal and Industrial School, at Ellendale.

(6) The School of Forestry, at Bottineau.

(7) And such other State institutions of higher education as may hereafter be
established.

Sec. 2. (a) The State Board of Higher Education shall consist of seven (7)
members, all of whom shall be qualified electors and taxpayers of the State, and
who shall have resided in this State for not less than five (5) years
immediately preceding their appointment, to be appointed by the Governor, by and
with the consent of the Senate, from a list of names selected as hereinafter
provided.  There shall not be on said board more than one (1) alumnus or former
student of any one of the institutions under the jurisdiction of said State
Board of Higher Education at any one time. No person employed by any institution
under the control of the board shall serve as a member of said board, nor shall
any employee of any such institution be eligible for membership on the State
Board of Higher Education for a period of two (2) years following the
termination of his employment.

On or before the Ist day of February, 1939, the Governor shall nominate from a
list of three names for each position, selected by the unanimous action of the
President of the North Dakota Educational Association, the Chief Justice of the
Supreme Court, and the Superintendent of Public Instruction, and, with the
consent of a majority of the members-elect of the Senate, shall appoint from
such list as such State Board of Higher Education seven (7) members, whose terms
shall commence on the 1st day of July, 1939, one of which terms shall expire on
the 30th day of June, 1940, and one on the 30th day of June in each of the years
1941, 1942, 1943, 1944, 1945, and 1946. The term of office of members appointed
to fill vacancies at the expiration of said terms shall be for seven (7) years,
and in the case of vacancies otherwise arising, appointments shall be made only
for the balance of the term of the members whose places are to be filled.

(b) In the event any nomination made by the Governor is not consented to and
confirmed by the Senate as hereinbefore provided, the Governor shall again
nominate a candidate for such office, selected from a new list, prepared in the
manner hereinbefore provided, which nomination shall be submitted to the Senate
for confirmation, and said proceedings shall be continued until such
appointments have been confirmed by the Senate, or the session of the
legislature shall have adjourned.

(c) When any term expires or a vacancy occurs when the legislature is not in
session, the Governor may appoint from a list selected as hereinbefore provided,
a member who shall serve until the opening of the next session of the
legislature, at which time his appointment shall be certified to the Senate for
confirmation, as above provided; and if the appointment be not confirmed by the
thirtieth legislative day of such session, his office shall be deemed vacant and
the Governor shall nominate from a list selected as hereinbefore provided,
another candidate for such office and the same proceedings shall be followed as
are above set forth; provided further, that when the legislature shall be in
session at any time within six (6) months prior to the date of the expiration of
the term of any member, the Governor shall nominate his successor from a list
selected as above set forth, within the first thirty (30) days of such session,
and upon confirmation by the Senate such successor shall take office at the
expiration of the term of the incumbent.  No person who has been nominated and
whose nomination the Senate has failed to confirm, shall be eligible for an
interim appointment.

Sec 3. The members of the State Board of Higher Education may only be removed by
impeachment for the offenses and in the manner and according to the procedure
provided for the removal of the Governor by impeachment proceedings.

Sec. 4. The appointive members of the State Board of Higher Education shall
receive seven dollars ($7.00) per day and their necessary expenses for travel
while attending meetings, or in the performances of such special duties as the
board may direct; provided, however, no member shall receive a total
compensation, exclusive of expenses, to exceed five hundred dollars ($500.00) in
any calendar year; and no member shall receive total expense money in excess of
five hundred dollars ($500.00) in any calendar year.

Sec. 5. The legislature shall provide adequate funds for the proper carrying out
of the functions and duties of the State Board of Higher Education.

Sec. 6. (a) The State Board of Higher Education shall hold its first meeting at
the office of the State Board of Administration at Bismarck, on the 6th day of
July, 1939, and shall organize and elect one of its members as president of such
board for a term of one year. It shall also at said meeting, or as soon
thereafter as may be practicable, elect a competent person as secretary, who
shall reside during his term of office in the City of Bismarck, North Dakota.
Said secretary shall hold office at the will of the board.  As soon as said
board is established and organized, it shall assume all the powers and perform
all the duties now conferred by law upon the Board of Administration in
connection with the several institutions hereinbefore mentioned, and the said
Board of Administration shall immediately upon the organization of said State
Board of Higher Education, surrender and transfer to said State Board of Higher
Education all duties, rights, and powers granted to it under the existing laws
of this State concerning the institutions hereinbefore mentioned, together with
all property, deeds, records, reports, and appurtenances of every kind belonging
or appertaining to said institutions.

(b) The said State Board of Higher Education shall have full authority over the
institutions under its control with the right, among its other powers, to
prescribe, limit, or modify the courses offered at the several institutions. In
furtherance of its powers, the State Board of Higher Education shall have the
power to delegate to its employees details of the administration of the
institutions under its control. The said State Board of Higher Education shall
have full authority to organize or re-organize within constitutional and
statutory limitations, the work of each institution under its control, and do
each and everything necessary and proper for the efficient and economic
administration of said State educational institutions.

(c) Said board shall prescribe for all of said institutions standard systems of
accounts and records and shall biennially, and within six (6) months immediately
preceding the regular session of the legislature, make a report to the Governor,
covering in detail the operations of the educational institutions under its
control.

(d) It shall be the duty of the heads of the several State institutions
hereinbefore mentioned, to submit the budget requests for the biennial
appropriations for said institutions to said State Board of Higher Education;
and said State Board of Higher Education shall consider said budgets and shall
revise the same as in its judgment shall be for the best interests of the
educational system of the State; and thereafter the State Board of Higher
Education shall prepare and present to the State Budget Board and to the
legislature a single unified budget covering the needs of all the institutions
under its control. "Said budget shall be prepared and presented by the Board of
Administration until the State Board of Higher Education organizes as provided
in Section 6 (a)." The appropriations for all of said institutions shall be
contained in one legislative measure.

(e) The said State Board of Higher Education shall have the control of the
expenditure of the funds belonging to, and allocated to such institutions and
also those appropriated by the legislature, for the institutions of higher
education in this State; provided, however, that funds appropriated by the
legislature and specifically designated for any one or more of such
institutions, shall not be used for any other institution.

Sec. 7. (a) The State Board of Higher Education shall, as soon as practicable,
appoint for a term of not to exceed three (3) years, a State Commissioner of
Higher Education, whose principal ofiice shall be at the State Capitol, in the
City of Bismarck. Said Commissioner of Higher Education shall be responsible to
the State Board of Higher Education and shall be removable by said board for
cause.

(b) The State Commissioner of Higher Education shall be a graduate of some
reputable college or university, and why by training and experience is familiar
with the problems peculiar to higher education.

(c) Such Commissioner of Higher Education shall be the chief executive officer
of said State Board of Higher Education, and shall perform such duties as shall
be prescribed by the board.

Sec. 8. This constitutional provision shall be self-executing and shall become
effective without the necessity of legislative action.

[Approved Jun. 28, 1938]

==== ARTICLE LV. ====

Sec. 1 That Section 167 of the Constitution of the State of North Dakota, is
hereby amended and re-enacted to read as follows:

Sec. 167. The Legislative Assembly shall provide by general law for organizing
new counties, locating county seats thereof temporarily, and changing the county
lines; but no new county shall be organized, nor shall any organized county be
so reduced as to include an area of less than twenty-four congressional
townships, and containing a population of less than five thousand bona fide
inhabitants.  And in the organization of new counties and in changing the lines
of organized counties and boundaries of congressional townships the natural
boundaries shall be observed as nearly as may be.

The Legislative Assembly shall also provide by general law for the consolidation
of counties, and for their dissolution, but no counties shall be consolidated
without a fifty-five per cent vote of those voting on the question in each
county affected, and no county shall be dissolved without a fifty-five per cent
vote of the electors of such county voting on such question.

Sec. 2. That Section 170 of the Constitution of the State of North Dakota, is
hereby amended and re-enacted to read as follows:

Sec. 170. The Legislative Assembly shall provide by law for optional forms of
government for counties, which forms shall be, in addition to that form provided
by Sections 172 and 173 of the Constitution, and which forms shall specify the
number, functions and manner of selection of county officers, but no such
optional form of government shall become operative in any county until submitted
to the electors thereof at a special election or a general election, and
approved by fiftyfive per cent of those voting thereon. The manner of
exercising the powers herein granted shall be by general laws, but such laws
shall provide that the initiative for the submission of the question of the
adoption of one of the optional forms of county government may be had either by
a vote of not less than two-thirds of the county legislative body or upon
petition of electors of the county equal to at least fifteen per centum of the
total number of voters of the county who voted for Governor at the last general
election.  Among the optional forms of county government to be provided by the
Legislative Assembly under this provision, at least one form shall provide for a
county manager.

Sec. 3. That Section 171 of the Constitution of the State of North Dakota be and
the same is hereby repealed.

Sec. 4. That Section 172 of the Constitution of the State of North Dakota is
hereby amended and re-enacted to read as follows:

Sec. 172. Until one of the optional forms of county government provided by the
Legislative Assembly under Section I70 of the Constitution, as amended, be
adopted by any county, the fiscal affairs of said county shall be transacted by
a board of county commissioners.  Said board shall consist of not less than
three and not more than five members whose terms of office shall be prescribed
by law. Said board shall hold sessions for the transaction of county business,
as shall be provided by law.

Sec. 5. That Section 173 of the Constitution of the State of North Dakota, as
amended, is hereby amended and re-enacted to read as follows:

Sec. 173. At the first general election after the adoption of this amendment,
and every two years thereafter, there shall be elected in each county organized
under the provisions of Section 172 of the Constitution, a register of deeds,
county auditor, treasurer, sheriff, state's attorney, county judge and a clerk
of the district court, who shall be electors in the county in which they are
elected and who shall hold office until their successors are elected and
qualified; provided in counties having fifteen thousand population or less, the
county judge shall also be clerk of the district court; provided further that in
counties having a population of 6,000 or less, the register of deeds shall also
be clerk of the district court and county judge. The sheriff and treasurer of
any county shall not hold their respective offices for more than four years in
succession.

[Approved Jun. 25, 1940]

==== ARTICLE LVI. ====

Sec. 1. Revenue from gasoline and other motor fuel excise and license taxation,
motor vehicle registration and license taxes, after deduction of cost of
administration and collection authorized by legislative appropriation only, and
statutory refunds, shall be appropriated and used solely for construction,
reconstruction, repair and maintenance of public highways, and the payment of
obligations incurred in the construction, reconstruction, repair and maintenance
of public highways.

[Approved Jun. 25, 1940]

==== ARTICLE LVII. ====

Sec. 82. There shall be chosen by the qualified electors of the state at the
times and places of choosing members of the legislative assembly, a secretary of
state, auditor, treasurer, superintendent of public instruction, commissioner of
insurance, three public service commissioners, an attorney general, a
commissioner of agriculture and labor, and a tax commissioner, who shall have
attained the age of twenty-five years and shall have the qualifications of state
electors.  They shall severally hold their offices at the seat of government for
the term of two years and until their successors are elected and duly qualified;
but no person shall be eligible for the office of treasurer for more than two
consecutive terms; provided, however, the tax commissioner shall hold his office
for the term of four years and until his successor is elected and duly
qualified; and provided, further, that the public service commissioners shall
severally hold their offices for the term of six years and until their
successors are elected and duly qualified.

The tax commissioner shall be elected on a no-party ballot and he shall be
nominated and elected in the manner now provided for the nomination and election
of the superintendent of public instruction.  The first election of a tax
commissioner shall not occur until the year 1940.

At the general election in 1940 there shall be chosen two public service
commissioners to fill the two terms expiring on the first Monday in January,
1941. The candidate at said election receiving the highest number of votes shall
be elected for a term of six years, and the candidate receiving the next highest
number of votes shall be elected for a term of four years. Thereafter there
shall be chosen one such public service commissioner every two years.

The board of railroad commissioners shall hereafter be known as the public
service commission and the members of the board of railroad commissioners as
public service commissioners and the powers and duties now or hereafter granted
to and conferred upon the board of railroad commissioners are hereby transferred
to the public service commission.

[Approved Jun. 25, 1940]

==== ARTICLE LVIII. ====

That Section 158 of Article 9 of the Constitution of the State of North Dakota,
as amended by Article 13 of the Amendments thereof, as further amended by
Article 50 of the amendments thereof, is hereby amended and reenacted to read
as follows:
Sec. 158. No original grant school or institutional land shall he
sold for less than the fair market value thereof, and in no case for
less than ten dollars ($10.00) per acre. provided that when lands
have been sold on contract and the contract has been cancelled, such
lands may be resold without reappraisement by the board of appraisal.
The purchaser shall pay twenty (20) per cent of the purchase
price at the time the contract is executed; thereafter annual
payments shall be made of not less than six (6) per cent of the
original purchase price. An amount equal to not less than three (3)
per cent per annum of the unpaid principal shall be credited to interest
and the balance shall be applied as payment on principal as
credit on purchase price. The purchaser may pay all or any installment
or installments not yet due to any interest paying date. If the
purchaser so desires, he may pay the entire balance due on his
contract with interest to date of payment at any time and he will
then be entitled to proper conveyance.

All sales shall be held at the county seat of the county in which
the land to be sold is situated, and shall be at public auction and to
the highest bidder, and notice of such sale shall be published once
each week for a period of three weeks prior to the day of sale in
a legal newspaper published nearest the land and in the newspaper
designated for the publication of the official proceedings and legal
notices within the county in which said land is situated.

No grant or patent for such lands shall issue until payment is
made for the same; provided that the land contracted to be sold by
the State shall be subject to taxation from the date of the contract.
In case the taxes assessed against any of said lands for any year
remain unpaid until the first Monday in October of the following
year, the contract of sale for such land shall, if the Board of University
and School Lands so determine, by it, be declared null and void.
No contract of sale heretofore made under the provisions of said
Section 158 of the Constitution as then providing shall be affected by
this amendment, except prepayment of principal may be made as
herein provided.

Any of said lands that may be required for townsite purposes,
school house sites, church sites, cemetery sites, sites for other educational
or charitable institutions, public parks, air plane landing
fields, fair grounds, public highways, railroad rightof-way, or other
railroad uses and purposes, reservoirs for the storage of water for
irrigation, irrigation canals, and ditches, drainage ditches, or for any
of the purposes for which private lands may be taken under the right
of eminent domain under the Constitution and Laws of this state,
may be sold under the provisions of this Article, and shall be paid
for in full at the time of sale, or at any time thereafter as herein
provided. Any of said lands and any other lands controlled by the
Board of University and School Lands, may, with the approval of
said Board, be exchanged for lands of the United States, the State
of North Dakota or any county or municipality thereof as the Legislature
may provide, and the lands so acquired shall be subject to
the trust to which the lands exchanged therefor were subject, and
the State shall reserve all mineral and water power rights in lands
so transferred.

When any of said lands have been heretofore or may be hereafter
sold on contract, and the purchaser or his heirs or assigns is unable
to pay in full for the land purchased within twenty years after the
date of purchase and such contract is in default and subject to being
declared null and void as by law provided, the Board of University
and School Lands may, after declaring such contract null and void,
resell the land described in such contract to such purchaser, his
heirs or assigns, for the amount of the unpaid principal, together
with interest thereon reckoned to the date of such resale at the rate
of not less than three (3%) per cent, but in no case shall the resale
price he more than the original sale price; such contract of resale
shall be upon the terms herein provided, provided this seetion shall
be deemed self-executing insofar as the provisions for resale herein
made are concerned.

[Approved Jun. 27, 1944]

==== ARTICLE LIX. ====

The legislative assembly of the state of North Dakota is hereby authorized and
empowered to provide by legislation for the issuance, sale, and dellvery of the
bonds of the state of North Dakota in the principal amount of not to exceed
$27,000,000.00, the proceeds thereof to be used in the payment of adjusted
compensation to North Dakota veterans of World War II on the basis of term of
service, and under such terms and conditions as the legislative assembly may
prescribe.

[Approved Jun. 29, 1948]