Page images
[merged small][ocr errors]

DEC 2 2 1931



All that part of the territory of the United States included within the following limits, namely: Commencing at a point in the main channel of the Red River of the North, where the forty-ninth degree of north latitude crosses the same; thence up the main channel of the same and along the boundary of the state of Minnesota to Big Stone Lake; thence along the boundary line of the state of Minnesota to the Iowa line; thence along the boundary line of the state of Iowa to the point of intersection between the Big Sioux and Missouri rivers; thence up the Missouri river and along the boundary line of the state of Nebraska to the mouth of the Niobrara or Running Water river;

nce following up the same in the middle of the main channel thereof, to the mouth of the Keya Paha or Turtle Hill River; thence up that river to the forty-third parallel of north latitude; thence due west to the twenty-seventh meridian of longitude west from Washington; thence due north on that meridian to the forty-ninth degree of north latitude; thence east along the forty-ninth degree of north latitude to the place of beginning, is organized into a temporary government by the name of the Territory of Dakota. [ Section 1900 of the Revised Statutes of the United States.]

* *

Be it enacted, etc., That the northern boundary of the state of Nebraska shall be, and hereby is, subject to the provisions hereinafter contained, extended so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north latitude and east of the Keya Paha river and west of the main channel of the Missouri river, and when the Indian title to the lands thus described shall be extinguished, the jurisdiction over said lands shall be, and hereby is, ceded to the state of Nebraska, and subject to all the conditions and limitations provided in the act of congress admitting Nebraska into the Union, and the northern boundary of the state shall be extended to said forty-third parallel as fully and effectually as if said lands had been included in the boundaries of said state at the time of its admission into the Union; reserving to the United States the original right of soil in said lands, and of disposing of the same; Provided, that this act, so far as jurisdiction is concerned, shall not take effect until the president shall by proclamation declare that the Indian title to said lands has been extinguished, nor shall it take effect until the state of Nebraska shall have assented to the provisions of this act, and if the state of Nebraska shall not, by act of its legislature, consent to the provisions of this act within two years next after the passage hereof this act shall cease and be of no effect. [Approrell March 28, 1882.



SECTION 1839. Nothing in this title shall be construed to impair the rights of person or property pertaining to the Indians in any Ter. ritory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the Territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries and constitute no part of any territory now or hereafter organized, until such tribe signifies its assent to the president to be embraced within a particular territory.

SEC. 1840. Nor shall anything in this title be construed to affect the authority of the United States to make any regulations respecting the Indians of any territory, their lands, property or rights, by treaty, law or otherwise, in the same manner as might be if no temporary government existed or is hereafter established in any such territory.

Sec. 1841. The executive power of each territory shall be vested in a governor, who shall hold his ottice for four years and until his successor is appointed and qualified, unless sooner removed by the president. He shall reside in the territory for which he is appointed and shall be commander-in-chief of the militia thereof. grant pardons and reprieves, and remit fines and forfeitures for offenses against the laws of the territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the president can be made known thereon. He shall commission all officers who are appointed under the laws of such territory, and shall take care that the laws thereof be faithfully executed.

Sec. 1842. Every bill which has passed the legislative assembly of any territory shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it originated, and that house shall enter the objections at large on its journal and proceed to reconsider. If, after such reconsideration, two-third of that house agree to pass the bill, it shall be sent, together with the objections, to the other house by which it shall likewise be reconsidered; and if

He may

approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and

nays, and the names of the persons voting for or against the bill shall be entered upon the journal of each house. If any bill is not returned by the governor within three days, Sundays excluded, after it has been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislative assembly by adjournment sine dlie, prevent its return, in which case it shall not be a law.

SEC. 1843. There shall be appointed a secretary for each territory who shall reside within the territory for which he is appointed, and shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president. In case of the death, removal, resignation or absence of the governor from the territory, the secretary shall execute all the powers and perform all the duties of governor during such vacancy or absence, or until another governor is appointed and qualified.

SEC. 1844. The secretary shall record and preserve all the laws and proceedings of the legislative assembly, and all the acts and proceedings of the governor in the executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session thereof, to the president, and two copies of the law within like time, to the president of the senate and to the speaker of the house of representatives, for the use of congress. He shall transmit one copy of the executive proceedings and official correspondence semi-annually, on the first day of January and July in each year, to the president. He shall prepare the acts passed by the legislative assembly for publication, and furnish a copy thereof to the public printer of the territory, within ten days after the passage of each act.

* *

And hereafter it shall be the duty of the secretary of each territory to furnish estimates in detail for the lawful expenses thereof, to be presented to the secretary of the treasury on or before the first day October of every year. (Part of Act Approved June 20, 1874.)

And it shall be the duty of the secretary of each of the territories of the United States to furnish the surveyor general of the territory for the use of the United States, a copy duly certified of every act of the legislature of the territory, incorporating any city or town, the same to be forwarded by such secretary to the surveyor general within one month from the date of its approval. [Part of Act approved March 3, 1877.

SEC. 1845. From and after the first day of July, eighteen hundred and seventy three, the annual salaries of the governors of the several territories shall be three thousand five hundred dollars, and the salaries of the secretaries shall be two thousand five hundred dollars each.

SEC. 1846. The legislative power in each territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The members of both branches of the legislative assembly shall have the qualfication of voters as herein prescribed. They shall be chosen for the term of two years, and the sessions of the respective legislative assemblies shall be biennial. Each legislative assembly shall fix by law the day of commencement of its regular session. The members of the council and house of representatives shall reside in the district or county for which they are respectively elected.

SEC. 1847. Previous to the first election for members of the legislative assembly of a territory in which congress may hereafter provide a temporary government, the governor shall cause a census of the inhabitants and qualified voters of the several counties and districts of the territory to be taken by such persons and in such mode as he may designate and appoint, and the persons so appointed shall receive a reasonable compensation for their services. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who superintend such election and the returns thereof, as the governor may direct, and he shall at the same time declare the number of members of the council and house of representatives to which each of the counties and districts is entitled under the act providing such temporary government for the particular territory. The persons having the highest number of legal votes in each of the districts for members of the council shall be declared by the governor to be duly elected to the council, and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected members of that house; but in case two or more persons voted for have an equal number of votes, and in case a vacancy otherwise occurs in either branch of the legislative assembly, the governor shall order a new election, and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor appoints.

SEC. 1848. After such first election, however, the time, place and manner of holding elections by the people in any newly created territory, as well as of holding all such elections in territories now organized, shall be prescribed by the laws of each territory.

SEC. 1849. The apportionment of representation which the gov. ernor is authorized to make by section 1847, in case of a territory hereafter erected by congress, shall be as nearly equal as practicable among the several districts and counties for such first election of the council and house of representatives, giving to each section of the territory representation in the ratio of its population, except Indians not taxed; and thereafter in such new territory, as well as in all territories now organized, the legislative assemblies respectively may readjust and apportion the representation to the two houses thereof, among the several counties and districts, in such manner, from time

« PreviousContinue »