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School and Public Lands. 153. The principal of the school
fund may never be dimin
ished. 154. The interest of this fund to be
used for the support of the
public schools of the State. 155. When lands granted by the
United States to the State for support of common schools
may be sold. 156. Who constitute “ The Board of University
School Lands." 157. The board of appraisal. 158. In regard to the sale of public
lands. 159. The principal of all funds do
nated to the State for educational or charitable purposes may never be dimin.
of the United States shall be
vote. 128. All women who
are eligible may vote on all school mat
ters. 129. All elections by the people
shall be by secret ballot.
fixed by law.
connect with and cross one
another. 144. Definition of term “corpora
tion," as used in this article. 145. In regard to banks and issuing
bills, etc. 146. Combinations formed for con
trolling prices illegal.
Education. 147. Unsectarian, free public schools. 148. A uniform system to be estab
lished. 149. The kind of instruction to be
given. 150. Superintendent of schools to be
elected in each county. 151. The Legislative Assembly to
promote education. 152. No State money to be used for
the support of any sectarian school.
provide by general law for
ARTICLE VII. Corporations Other Than Municipal. 131. Charters of incorporation not
to be granted, changed or
grants existing before the
adoption of this constitution. 133. The Legislative Assembly shall
not remit the forfeiture of a
charter. 134. Rights of eminent domain shall
never be abridged. 135. Rights of shareholders in vots
ing for directors. 136. In regard to foreign corpora
tions. 137. No corporation shall engage in
any business other than that
authorized in its charter. 138. For what stock or bonds may
be issued by a corporation. 139. In regard to street railroads,
telegraph and telephone lines. 140. Regulating railroad corpora
tions. 141. Parallel or competing railroads
may not consolidate.
ished. 160. Appraisal and sale of land do
Public Debt and Public Works. Section 182. The State may contract debts
not to exceed $200,000. 183. The limit of debt not to exceed
five percentum on the assessed valuation of the property in each county, town
ship, town, or school district. 184. How the debt shall be paid. 185. The State, or any subdivision
of the same, may not loan
its credit. 186. No State money to be paid out
except by appropriation by
law. 187. The validity of a bond.
may be leased for term of not
more than five years. 162. How school fu money shal!
be invested. 163. In regard to the occupation
and improvement of public
lands. 164. Lands granted by the United States
for other purposes than those in sections 153-159,
may be sold by the State. 165. Embezzlement of school fund.
ARTICLE X. County and Township Organization. 166. Counties which are added to
the State. 167. Organization of new counties.
Each county must contain twenty - four
congressional townships. 168. All changes of county boun
daries must have approval of 1 a majority of the electors in
the county to be changed. 169. County seat, removal of the
same. 170. Organizing townships. 171. County government. 172. County commissioners, not
more than five nor less than
three in number. 173. County officers, election of.
Revenue and Taration. 174. Revenue for meeting the ex
penses of the State to be
raised each year. 175. Taxation. 176. What property is exempt from
taxation. 177. Improvements on land to be
assessed in accordance with
never be suspended. 179. How property shall be assessed. 180. Who must pay a poll tax. 181. Laws to be passed to carry out
the provisions of this article.
Militia. 188. To consist of all able-bodied
male persons between the ages of eighteen and forty
five years.-Exceptions. 189. To be organized as provided for
by law. 190. Volunteers to be organized. 191. Appointment of militia officers. 192. Commissioned officers to be
commissioned by the Gover
nor. 193. Militia forces to be privileged
from arrest except in certain cases.
ARTICLE XIV. Impeachment and Removal from Office. 194. Sole power of impeachment
shall be in the House of Rep
resentatives. 195. An impeachment shall be tried
by the Senate. 196. Those liable to impeachment,
and for what offenses. 197. All officers not liable to im
peachment shall be subject
to removal for misconduct. 198. No officer shall exercise duties
of office after impeachment,
and before his acquittal. 199. On trial
Impeachment against the Governor, the Lieutenant-Governor shall not act as a member of the court.
Section 200. No person shall be tried on
impeachment before he shall have been served with a copy thereof at least twenty days
before day set for trial. 201. Not liable to impeachment
twice for same offense.
Future Amendments. 202. How amendments may
Prohibition. Section 217. Intoxicating liquors not to be
sold in the State.
Compact with the United States. 203. The compact. 204. Jurisdiction is ceeded to the
United States over certain
by the State from the United
Miscellaneous. 206. The name of the State shall be
North Dakota.-Boundary of
the same. 207. Description of the seal. 208. Rights of homestead. 209. Labor of children under twelve
years not legal. 210. All flowing streams and natural
water courses forever the
property of the State. 211. Oath of office. 212. Exchange of "Blacklists" be
tween corporations shall be
prohibited. 213. Property rights of women.
1. In regard to the change from
Territorial to State govern
ment. 2. All Territorial laws now in force
shall remain in force till they
expire, or are repealed.
Territory shall accrue to the
cuted to the Territory shall
pass over to the State. 5. All property, credit, claims, etc.,
belonging to the Territory shall pass over to the States
of North and South Dakota. 6. Everything pertaining to Terri.
torial courts is to pass over
to State courts. 7. The Territorial court seals are to be the State
seals till otherwise provided for by
law. 8. Probate Courts.-Probate judges
to act as County Court judges until the election of County
Court judges. 9. Terms, “Probate Court," and
"probate judges," appearing in the statutes of the Territory, after this Constitution goes into effect shall be held to apply to the County Courts or
county judges. 10. All Territorial, county and pre
cinct officers in office at the time this Constitution takes effect shall hold their offices till their successors shall be
elected. 11. This Constitution shall be in
full force immediately upon
215. Location of the same.
calling an election by the peo
ple. 13. Election day shall then be ap
Justice shall constitute
the vote of such election.
within sixty days after . the
District Courts, and other
- His duties.
the Fifty-first Congress. 19. The Legislative Assembly at its
first session is to provide for
the payment of all debts, etc. 20. To vote for or against prohi
bition. 21. The agreement made between
North and South Dakota. 22. In regard to illegal tax sales. 23. The signing of the Constitution. 24. Appropriation for one-half the
expense of publishing Terri.
torial reports. 25. Inauguration of State govern.
ment. 26. This constitution to be pub
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.
Declaration of Rights. Section 1. All wen 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 benefit of the people, and they have a right to alter or reform the same whenever 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 exercise 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 con. science 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 offenses, 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 unreasonably 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 against 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, offenses shall be prosecuted criminally by indictment 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 or 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