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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.

126. No soldier, seaman or marine

of the United States shall be
deemed a resident of this
State in consequence of being

stationed therein.
127. Those who are not qualified to

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.

142. Rates of public carriers to be

fixed by law.
143. Railroads have the right to

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.


Municipal Corporations.
130. The Legislative Assembly shall

provide by general law for
the organization of municipal

ARTICLE VII. Corporations Other Than Municipal. 131. Charters of incorporation not

to be granted, changed or
amended, except in certain

132. In regard to charters and

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


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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.



161. State school land

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
section 179, but plowing shall
not be considered an improve-

178. The power of taxation shall

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

military reservations.
205. Acceptance of grants of land

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.
3. All fines, etc., acaruing to the

Territory shall accrue to the
States of North and South

4. All bonds, obligations, etc., exe-

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
the admission of this Territory
as a State.

Congressional and Legislative

214. Apportionment into districts.


Public Institutions.

215. Location of the same.
216. Location of other institutions.


12. A proclamation to be issued,

calling an election by the peo

ple. 13. Election day shall then be ap

14. Governor, Secretary, and Chiet

Justice shall constitute
court of canvassers to canvass

the vote of such election.
15. All officers so elected shall,

within sixty days after . the
date of admitting the State of
North Dakota into the Union,
take the oath required by this

16. Term of office of judges of the

District Courts, and other
State officers.

17. The Governor-elect of the State.

- His duties.
18. Election of a representative to

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


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