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to time, as they deem just and proper, but the members of either house, as authorized by law, shall not be increased.

SEC. 1851. The legislative power of every territory shall extend to all rightful subjects of legislation not inconsistent with the constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil: no tax shall be imposed upon the property of the United States, nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents.

SEC. 1925. In addition to the restrictions upon the legislative power

of the territories, contained in the preceding chapter, section eighteen hundred and fifty-one, the legislative assemblies of Colorado, Dakota and Wyoming shall not pass any law impairing the right of private property, nor make any discrimination in taxing different kinds of property; but all property subject to taxation shall be taxed in proportion to its value.

Be it enacted, etc. That section eighteen hundred and fifty-two be, and the same hereby is, so amended as to read as follows:

6SEC. 1852. The sessions of the legislative assemblies of the several territories of the United States shall be limited to sixty days' duration.” (Approved December 23, 1880.)

Hereafter no extraordinary session of the legislature of any territory, wherever the same is now authorized by law, shall be called until the reasons for the same have been presented to the president of the United States, and his approval thereof has been duly given. (Part of Act Approved June 22, 1874.)

That from and after the adjournment of the next session of the several territorial legislatures, the council of each of the territories of the United States, shall not exceed twelve members, and the house of representatives of each, shall not exceed twenty-four members, and the members of each branch of the said several legislatures, shall receive a compensation of four dollars per day each during the sessions provided by law, and shall receive such mileage as the law provides; and the president of the council and the speaker of the house of representatives shall each receive six dollars per day for the same time.

And the several legislatures at their next sessions are directed to divide their respective territories into as many council and repre. sentative districts as they desire, which districts shall be as nearly equal as practicable, taking into consideration population (except Indians not taxed;) Provided, the number of council districts shall not exceed twenty-four in any one of said territories, and all parts of sections eighteen hundred and forty-seven, eighteen hundred and forty-nine, eighteen hundred and fifty-three, and nineteen hundred

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and twenty-two of the revised statutes of the United States in con. flict with the provisions herein are repealed.

That the subordinate officers of each branch of said territorial legislatures shall consist of one chief clerk, who shall receive a compensation of six dollars per day; one enrolling and engrossing clerk at five dollars per day; sergeant-at-arms and doorkeeper at five dollars per day; one messenger and watchman at four dollars per day each; and one chaplain at one dollar and fifty cents per day.

Said sums shall be paid only during the sessions of said legislatures, and no greater number of officers or charges per diem shall be paid or allowed by the United States to any territory. [Purt of Act approved June 19, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled: That the legislature of the territory of Dakota shall bereafter consist of twentyfour members of the council and forty-eight members of the house of representatives, and that there shall be elected at the next general election in said territory two members of the council and four members of the house of representatives, in each of the twelve legislative districts provided for in chapter seven of the territorial statutes of eighteen hundred and eighty-three of said territory. [Approved June 12, 1884.]

And the legislature of Dakota may divide said territory into as many council and representative districts as they desire, which districts shall be as nearly equal as practicable, taking into consideration population (except Indians not taxed); Provided, that the number of council districts shall not exceed twenty-four, and the number of representative districts shall not exceed forty-eight. [Part of Act Approved March 3, 1885.]

SEC. 1492. The members of the legislative assemblies of New Mexico, Utah, Washington, Colorado, Dakota, Arizona and Wyoming territories shall each receive three dollars for every twenty miles’ travel in going to and returning from the sessions of their respective bodies, estimated according to the nearest usually traveled route.

SEC. 1854. No member of the legislative assembly of any Territory now organized shall hold or be appointed to any office which has been created, or the salary or emoluments of which have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly in any territory hereafter organized; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly or shall hold any office under the government of any territory. The exception of postmasters shall not apply in the territory of Washington.

SEC. 1855. No law of any territorial legislature shall be made or enforced by which the governor or secretary of a territory, or the members or officers of any territorial legislature, are paid any compensation other than that provided by the laws of the United States.

And section eighteen hundred and sixty-one of the Revised Statutes is hereby repealed and this substituted in lieu thereof: Provided, that for the performance of all official duties imposed by the territorial legislatures, and not provided for in the organic act, the secretaries of the territories respectively shall be allowed such fees as may be fixed by the territorial legislatures. And in no case shall the expenditure for public printing in any of the territories exceed the sum of two thousand five hundred dollars for any one year.

SEC. 1856. Justices of the peace and all general officers of the militia in the several territories shall be elected by the people in such manner as the respective legislatures may provide by law.

Be it enacted, etc., SEC. 1. That when from any cause there shall be a vacancy in the office of justice of the peace in any of the territories of the United States, it shall be lawful to fill such vacancy by appointment or election, in such manner as has been or may be provided by the governor and legislative assembly of such territory: Provided, That such appointee or person elected to fill such vacancy shall hold office only until his successor shall be regularly elected and qualified as provided by law.

SEC. 2. That all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed. (Approved April 16, 1880.)

SEC. 1957. All township, district and county officers except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each territory; and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each territory, shall appoint; but in the first instance where a new territory is hereafter created by congress, the governor alone may appoint all the officers referred to in this and the preceding section, and assign them to their respective townships, districts and counties, and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly.

SEC. 1858. In any of the territories, whenever a vacancy happens from resignation or death during the recess of the legislative council, in any office which under the organic act of any territory is to be filled by appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislative council.

SEC. 1859. Every male citizen above the age of twenty-one, including persons who have legally declared their intention to become citizens, in any territory hereafter organized, and who are actual residents of such territory at the time of the organization thereof, shall be entitled to a vote at the first election in such territory and to hold any office therein, subject, nevertheless to the limitations specified in the next section.

Sec. 1860. At all subsequent elections, however, in any territory hereafter organized by congress, as well as at all elections in territories already organized, the qualifications of voters and of holding office shall be such as may be prescribed by the legislative assembly of each territory; subject, nevertheless, to the following restrictions on the power of the legislative assembly, namely:

First. The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that age who have declared on oath, before a competent court of record, their intention to become such, and have taken an oath to support the constitution and government of the United States.

Second. There shall be no denial of the elective franchise, or of holding office, to a citizen on account of race, color or previous condition of servitude.

Third. No officer, soldier, seaman, mariner or other person in the army or navy, or attached to troops in the service of the United States, shall be allowed to vote in any territory by reason of being in service therein, unless such territory is and has been for the period of six months his permanent domicile.

Fourth. No person belonging to the army or navy shall be elected to or hold any civil office or appointment in any territory.

SEC. 1862. Every territory shall have the right to send a delegate to the house of representatives of the United States, to serve during each congress, who shall be elected by the voters in the territory qualified to elect members of the legislative assembly thereof. The person having the greatest number of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such delegate shall have a seat in the house of representatives with a right of debating, but not of voting.

Sec. 1863. The first election of a delegate in any territory for which a temporary government is hereafter provided by congress, shall be held at the time and places, and in the manner the governor of such territory may direct, after at least sixty days' notice to be given by proclamation; but at all subsequent elections therein, as well as at all elections for a delegate in organized territories, such time, places and manner of holding the election, shall be prescribed by the law of each territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled. That hereafter the

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supreme court of the Territory of Dakota shall consist of a chief justice and five associate justices, any five of whom shall constitute à quorum.

SEC. 2. That it shall be the duty of the president to appoint two additional associate justices of the said supreme court, in a manner now provided by law, who shall hold their office for the term of four years and until their successors are appointed and qualified.

SEC. 3. That the said territory shall be divided into six judicial districts, and a district court shall be held in each district by one of the justices of the supreme court, at such time and place as may be prescribed by law. Each judge, after assignment, shall reside in the district to which he is assigned.

SEC. 4. That until changed by the legislative assembly of said territory, the fifth district of said territory shall consist of the following counties, namely: Brookings, Kingsbury, Beadle, Deuel, Hamlin, Grant, Codington, Clark, Day, Spink, Brown, Hand, Hyde, Hughes, Sully, Edmunds, Faulk, McPherson, Potter, Campbell, Roberts and Walworth, and the Sisseton and Wahpeton Indian Reservation. And the second district and fourth district, shall consist of the remainder of the territory which now constitutes said second district and the fourth district, respectively, as defined by the statutes of said territory.

SEC. 5. That until changed by the legislature of said territory, the sixth district shall consist of the following counties, namely: Bowman, Villard, Billings, Dunn, McKenzie, Allred, Buford, Flannery, Wallace, Mountraille, Williams, Stark, Hettinger, Morton, Mercer, McLean, Stevens, Renville, Wynn, Bottineau, McHenry, Sheridan, Burleigh, Emmons, McIntosh, Logan, Kidder, Wells, DeSmet, Rolette, Towner, Benson, Foster, Stutsman, LaMoure, Dickey, Griggs, Steele and Barnes.

SEC. 6. That temporal, and until otherwise ordered by law, the additional associate justices to be appointed under this act are hereby assigned to said fifth and sixth districts, and the time and place as now fixed by the statutes of said territory for holding court therein shall remain until changed by law.

SEC. 7. That the district court for the said fifth judicial district, shall have no jurisdiction to try, hear or determine any matter or cause wherein the United States is a party, and no United States grand or petit jury shall be summoned in said court, but said fifth district is hereby attached to and made a part of the second judicial district for the purpose of hearing and determining all matters and causes arising within said fifth district in which the United States is a party

SEC. 8. That the district court of said sixth judicial district shall have and possess jurisdiction to try, hear and determine all matters and causes that the court of any district in said territory now pos

And for such purposes two terms of said court shall be held annually in the city of Bismarck, in the county of Burleigh, and a

sesses.

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