CHAPTER IX THE LEGISLATIVE DEPARTMENT The constitution of South Dakota provides for two methods of securing laws, (1) by the legislature and (2) by the initiative and referendum. Ordinarily the legislature passes all of our laws, so let us study that first. The State Legislature. The legislature consists of two bodies of men, the senate and the house of representatives. Every two years the legislature meets at the capitol building at Pierre. Their places of meeting are two large and beautiful rooms called the "senate chamber" and the "hall of representatives." The governor may call special sessions of the legislature whenever necessary. Regular sessions begin at noon on the Tuesday following the first Monday in January of odd-numbered years (1909, 1911, etc.). The Senate. The number of senators cannot be less than 25 nor more than 45 (see state constitution, Article III, section 2). Since 1899 the number has been 45 and it is not likely that it will be made less. Do not confuse the state senate with the United States senate (see Chapter VIII). The House of Representatives. The number of representatives cannot be less than 75 nor more than 135. The number at the meeting of the legislature in 1911 was 104. In 1913, and probably for some time after that, the number will be 103. Legislative Districts. At the first regular session after a state or federal census is taken the legislature must divide the state into senatorial districts, decide what counties shall be in each district and how many senators may be elected by the voters in each district. The federal census was taken in 1910. In 1911 the legislature provided that the state senate should consist of forty-five senators to be elected from forty-two senatorial districts as follows (the number of the district is given, the county or counties in the district and in parenthesis the number of senators elected in it): 1. Union (1). 2. Clay (1). 3. Yankton (1). 4. Bon Homme (1). 5. Lincoln (1). 6. Turner (1). 7. Hutchinson (1). 8. Charles Mix (1). 9. Aurora and Douglas (1). 10. Minnehaha (2). 11. Hanson and McCook (1). 12. Miner and Sanborn (1). 13. Davison (1). 14. Harding and Perkins (1). 15. Lyman (1). 16. Brule, Buffalo and Jerauld (1). 17. Gregory (1). 18. Moody (1). 19. Lake (1). 20. Brookings (1). 21. Kingsbury (1). 22. Beadle (1). 23. Hand and Hyde (1). 24. Hughes and Sully (1). 25. Stanley (1). 26. Tripp and the unorganized county of Mellette (1). 27. Hamlin and Deuel (1). 28. Codington (1). 29. Clark (1). 30. Spink (1). 31. Grant (1). 32. Roberts (1). 33. Marshall (1). 34. Day (1). 35. Brown (2). 36. Dewey, Faulk and Potter (1). 37. Corson, Edmunds and Walworth (1). 38. Campbell and McPherson (1). 39. Butte and Lawrence (2). 40 Pennington (1). 41. Meade and Ziebach (1). 42. Custer and Fall River (1). The legislature of 1911 also provided that the house of representatives should consist of 103 members, to be elected from fifty-nine representative districts as follows: 21. (3). 29. 33. 1. Union (2). 2. Clay (1). 3. Yankton (2). 4. Bon Homme (2). 5. Lincoln (2). 6. Turner (3). 7. Hutchinson (2). 8. Douglas (1). 9. Charles Mix (3). 10. Minnehaha (5). 11. McCook (2). 12. Hanson (1). 13. Davison (2). 14. Sanborn (1). 15. Aurora (1). 16. Jerauld (1). 17. Brule (1). 18. Miner (1). 19. Gregory (2). 20. Lake (2). Moody (1). 22. Brookings (3.) 23. Kingsbury (2). 24. Beadle 25. Hand (1). 26. Hughes (1). 27. Stanley (3). 28. Lyman (2). Deuel (1). 30. Hamlin (1). 31. Codington (3). 32. Clark (2). Spink (3). 34. Grant (2). 35. Roberts (3). 36. Marshall (1). 37. Day (3). 38. Brown (4). 39. Faulk (1). 40. Potter (1). 41. Edmunds (1). 42. Walworth (1). 43. Campbell (1). 44. McPherson (1). 45. Custer (1). 46. Fall River (1). 47. Pennington (2). 48. Lawrence (4). 49. Meade (2). 50. Butte (1). 51. Hyde (1). 52. Sully (1). 53. Buffalo (1). 54. Tripp and the unorganized county of Mellette (1). 55. Harding (1). 56. Perkins (2). 57. Corson (1). 58. Dewey and Ziebach (1). 59. Deuel and Hamlin (1). In 1915 the state census will be taken. The next regular meeting of the legislature after this will be in 1917. A new districting of the state will have to be made then by the legislature for the electing of senators and representatives in the fall of 1918. This districting of the state from time to time is necessary because the population of different portions of the state changes somewhat and the number of senators and representatives from any part of the state depends upon the population. One of the purposes of taking the census is to make a fair division into districts and a just appor tionment of senators and representatives. The United States takes a census of the entire country every year divisible by ten so that representatives in congress may be apportioned among the states according to population. Five years later the state takes a census. CONGRESSIONAL DISTRICTS. The legislature of South Dakota in 1911 provided that if congress allows three representatives to be sent from this state to the federal house of representatives, they shall be elected by districts as follows: District number one, the portion of the state east of the Missouri river and south of the line forming the southern boundaries of Hyde, Hand, Beadle, Kingsbury and Brookings counties. District number two, the remainder of the state east of the Missouri river. District number three, the remainder of the state. In case but two representatives are elected they are to be chosen at large," that is, from any part of the state. Qualifications of Members. To be a senator or representative one must (1) be a citizen of the United States, (2) be a voter in the district from which he is chosen, (3) be twenty-five years old or more, (4) be a resident of the state for two years before his election, (5) never have been convicted of bribery or other infamous crime or failed to account for public money trusted to him, and (6) not hold a lucrative office under the state or the United States or any foreign government (appointments in the militia, the offices of notary public, justice of the peace and postmasters whose compensation does not exceed $300 each year are excepted and such persons may be elected). Terms and Vacancies. The term of senator and representative is two years. They are elected on the Tuesday after the first Monday in November of every even-numbered year (1910, 1912, etc.). A vacancy may be caused by death, resignation, removal from the state or expulsion from the senate or from the house of representatives by the members thereof. In case of a vacancy the governor may call a special election in the district where the vacancy occurs. SALARY. The salary of a member is five dollars for each day's attendance and ten cents a miles necessarily traveled in going to Pierre and returning again. The latter is called mileage. |