Sec. 9. Within five days after said election the several boards of county canvassers provided by law for the canvassing of the results of the election, shall make and certify to the Secretary of the Territory of Dakota the true and correct return of the total number of votes cast for the Constitution and against the Constitution, of the number of votes cast for and against "prohibition," and the number of votes cast for and against "minority representation," and the number of votes cast for each city, town or place as the "temporary seat of government," and of the number of votes cast for each person voted for at such election, except county officers and members of the Legislature, and shall transmit the same to the Secretary of the Territory of Dakota, by mail, and shall file with the county clerk or auditor of each of said counties a duplicate and certified copy of said return.

Said board of county canvassers shall issue certificates of election to the persons who shall have received the highest number of votes cast for the respective offices of judge of the County Court, and Representatives in the Legislature, and for State Senator or Senators.

Sec. 10. When two or more counties are connected in one senatorial or representative district, it shall be the duty of the clerks and auditors of the respective counties to attend at the office of the county clerk of the senior county in the date of organization within twenty days after the date of election, and they shall compare the votes given in the several counties comprising such senatorial and representative district, and such clerks or auditors shall immediately make out a certificate of election to the person having the highest number of votes in such district for State Senator or Representative or both; which certificate shall be delivered to the person entitled thereto on his application to the clerk of the senior county of such district.

Sec. 11. The Secretary of the Territory shall receive all returns of election transmitted to him as above provided, and shall preserve the same, and after they have been canvassed as hereinafter provided, and after the admission of the State of South Dakota into the Union, he shall deliver said returns to the proper State officer of said State of South Dakota.

Within fifteen days after said election the Secretary of the Territory, with the Governor and chief justice thereof, or any two of them, shall canvass such returns and certify the same to the President of the United States, as provided in the enabling act.

They shall also ascertain the total number of votes cast at such election for the Constitution and against the Constitution; the total number of votes cast for and against prohibition; and the total number of votes cast for and against minority representation; and the total number of votes cast for each city, town or place as the "temporary seat of government;" and the total number of votes cast for each person voted for, for any office at said election, excepting county judges and members of the Legislature, and shall declare the result of said election in conformity with such vote, and the Governor of the Territory shall thereupon issue a proclamation at once thereof.

They shall also make and transmit to the State Legislature, immediately upon its organization, a list of all the State and judicial officers who shall thus be ascertained to be duly elected.

The various county and district canvassing boards shall make and transmit to the Secretary of the Territory the names of all persons declared by them to be elected members of the Senate and House of Representatives of the State of South Dakota; he shall make separate lists of the Senators and Representatives so elected, which lists shall constitute the rolls under which the Senate and House of Representatives shall be organized.

The Governor of the Territory shall make and issue certificates of election to the persons who are shown by the canvass to have received the highest number of votes for Governor, LieutenantGovernor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction, Commissioner of School and Public Lands, and judges of the Supreme and Cir cuit Courts. Such certificates to be attested by the Secretary of the Territory.

Sec. 12. The apportionment made in this Constitution shall govern the elections above provided for for members of the State Legislature, until otherwise provided by law.

At the first election held under this ordinance for Senators and Representatives of the Legislature, there shall be elected. forty-five Senators and one hundred and twenty-four Representa tives in the State Legislature respectively.

Sec. 13. The Legislature elected under the provisions of this ordinance and Constitution shall assemble at the temporary seat

of government on the third Tuesday in October, in the year A. D. 1889, at twelve o'clock noon, and on the first day of their assem blage the Governor and other State officers shall take the oath of office in the presence of the Legislature. The oath of office shall be administered to the members of the Legislature and to the State officers by the chief justice of the Territory, or by any other officer duly authorized by the laws of the Territory of Dakota to administer oaths.

Sec. 14. Immediately after the organization of the Legisla ture and taking the oath of office by the State officers, the Legislature shall then and there proceed to the election of two Senators of the United States for the State of South Dakota, in the mode and manner provided by the laws of Congress for the election of United States Senators. And the Governor and the Secretary of the State of South Dakota shall certify the election of the said Senators and two Representatives in Congress, in the manner required by law.

Sec. 15. Immediately after the election of the United States Senators as above provided for, said Legislature shall adjourn to meet at the temporary seat of government on the first Tuesday after the first Monday of January, 1890, at twelve o'clock M.; Provided, however, That if the State of South Dakota has not been admitted by proclamation or otherwise at said date, then said Legislature shall convene within ten days after the date of the admission of the State into the Union.

Sec. 16. Nothing in this Constitution or schedule contained shall be construed to authorize the Legislature to exercise any powers except such as are necessary to its first organization, and to elect United States Senators, and to adjourn as above provided. Nor to authorize an officer of the executive, adminis trative or judiciary departments to exercise any duties of his office until the State of South Dakota shall have been regularly admitted into the Union, excepting such as may be authorized by the Congress of the United States.

Sec. 17. The ordinances and schedule enacted by this convention shall be held to be valid for all the purposes thereof.

Sec. 18. That we, the people of the State of South Dakota, do ordain:

First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this State shall ever be

molested in person or property on account of his or her mode of religious worship.

Second. That we, the people inhabiting the State of South Dakota, do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundaries of South Dakota; 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 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 the said 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 the State of South Dakota on lands or property therein belonging to or which may hereafter be purchased by the United States, or reserved for its use. But nothing herein shall preclude the State of South Dakota from taxing as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relation 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 act of Congress containing a provision exempting the lands thus granted from taxation; all such lands which may have been exempted by any grant or law of the United States shall remain exempt to the extent and as prescribed by such act of Congress.

Third. That the State of South Dakota shall assume and pay that portion of the debts and liabilities of the Territory of Dakota as provided in this Constitution.

Fourth. That provision shall be made for the establishment and maintenance of sytems of public schools which shall be opened to all the children of this State and free from sectarian control.

Fifth. That jurisdiction is ceded to the United States over the military reservations of Fort Mead, Fort Randall and Fort Sully, 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 of which exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of such reservations.

These ordinances shall be irrevocable without the consent of the United States, and also the people of the said State of South Dakota expressed by their Legislative Assembly.

Sec. 19. The tenure of all officers, whose election is provided for in this schedule on the first day of October, A. D. 1889, shall be as follows:

The Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction, Commissioner of School and Public Lands, judges of County Courts, shall hold their respective offices until the first Tuesday after the first Monday in January, A. D. 1891, at twelve o'clock M., and until their successors are elected and qualified.

The judges of the Supreme Court and Circuit Courts shall hold their offices until the first Tuesday after the first Monday in January, A. D. 1894, at twelve o'clock M., and until their successors are elected and qualified; subject to the provisions of section 26 of article V of the Constitution.

The terms of office of the members of the Legislature elected at the first election held under the provisions of this Constitution shall expire on the first Tuesday after the first Monday in January, one thousand eight hundred and ninety-one (1891).

Sec. 20. That the first general election under the provisions of this Constitution shall be held on the first Tuesday after the first Monday in November, 1890, and every two years thereafter. Sec. 21. The following form of ballot is adopted:

CONSTITUTIONAL TICKET.

Instructions to Voters.

All persons desiring to vote for the Constitution, or for any of the articles submitted to a separate vote, may erase the word "No."

All persons who desire to vote against the Constitution or any articles separately submitted may erase the word "Yes."

For the Constitution: Yes. No.

For Prohibition: Yes. No.

For Minority Representation: Yes. No.

For

as the Temporary Seat of Government. For Governor.

For Lieutenant-Governor.