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NORTH DAKOTA, 



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BNABLING ACT OF CONGRESS AND THE PROCEEDINGS OF THE JOINT 

COMMISSION APPOINTED FOR THE EQUITABLE 

DIVISION OF TERRITORIAL PROPERTY. 



BISMARCK, NORTH DAKOTA.: 
TRIBUNE, STATE PRINTERS AND BINDERS. 

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Journal of the Convention 



Bismarck, D; T., July 4, 1889. 

The delegates elected to the convention to form a constitution 
for the new state of North Dakota assembled this day at 12 o'clock 
m., in the hall of the house of representatives in the territorial 
capitol in the city of Bismarck, under and by virtue of the pro- 
visions of the act of congress, approved February 2, 1889: "An 
act to provide for the division of Dakota into two states, fend to 
enable the people of North Dakota, South Dakota, Montana and 
Washington to form constitutions and state governments, and to 
be admitted into the union on an equal footing with the original 
states, and to make donations of public lands to such states/' 

Hon. L. B. Richardson, secretary of the territory of Dakota, 
called the convention to order. 

Prayer by Rev, Dr. Anderson, of Bismarck. 

Secretary Richardson delivered a brief address to the dele- 
gates. 

Mr. Parsons moved that John A. Rea, of Bismarck, be elected 
secretary pro iem. Carried. 

Mr. Harris moved that R. M. Tuttle be elected stenographer 
pro fern. Carried. 

Mr. Parsons moved that the convention proceed to the election 
of a president. 

Mr. Williams moved, as an amendment, that the convention 
proceed to the election of a president pro tern. Amendment car- 
ried. 

The original motion, as amended, was adopted. 

Mr. Moer moved that F. B. Fancher be elected president pro 
tevi. 

The motion was agreed to. . 

Mr. Johnson and Mr. Williams were apponted a committee to 
escort Mr. Fanchor to the chair, and the duty assigned to them 
was duly performed. 



Journal of the Convention, 



Mr. Scott moved tliat a committee of three on credentials be 
appointed by the chair. Carried. 

Tlio president appointed as that committee Messrs. Rowe, Mil- 
ha* and Meacham. 

Mr. Stevens moved that a committee of ten on rules for perma- 
iwAit organization be appointed. Carried. 

Messrs. Stevens, Colton, Scott, Bennett, Turner, Camp, Slotten, 
Allen, Clark and Applet<)n were appointed as that committee, 
(carried. 

Mr. Williams moved that the convention adjourn until 10 o'clock 
a. m., to-morrow. 

The motion was agreed to, and the convention adjourned. 

John A. Rea, 

Secretary jyro iem. 



Friday, July 5, 1889— i(? 0" Clock A, M. 

The convention met at 10 o'clock a. m., the president pro tern. 
in the chair. 

Prayer by the Rev. Mr. Kline. 

Mr. Spaulding moved that editors and newspaper reporters be 
admitted within the bar of the house. 

Which motion prevailecL 

Mr. Harris moved that the privileges of the floor be extended 
to Ex-Govs. Pierce and Ordway. 

After an amendment so as to include all ex -federal and territo- 
rial officials, the motion was agreed to. 

Telegrams of congratulation from the presidents of the Wash- 
ington and South Dakota constitutional conventions were read. 

Mr. Rowe, from the committee on credentials, reported as fol- 
lows: 

We, the committee on credentials, find the following-named 
persons entitled to seats in the constitutional convention now 
assembled, as shown by the records in the territorial secretary's 
office : 

First District — H. L. Holmes, R. B. Richardson, W. B. Best. 

Second District — ^.Joseph Powles, John McBride, A. F. Apple- 
ton. 

Third District- C. P. Parsons, P. McHugh, R. B. Glick. 

Fourtli District- -V. B. Noble, J. L. Colton, Ezra Turner. 

Fiftii District — E. A. Williams, Harvey Hairis, John E. Car- 
land. 

Sixth District — A. W. Hoyt, A. S. Parsons, Wm. Ray. 

Seventh District— J. B Gayton, G. H. Fay, C. V. Brown. 

Eighth District — W. H. Rowe, A. D. Flemington, L. D. Bart- 
lett. ^ 

Ninth District — S. H. Moer, R. N. Stevens, Andrew Sandager. 



Friday, July 5, 18S9. 3 



Tenth District — John Shuman, J. D. McKonzie, John Powers. 

Eleventh District — W. S. Eauder, Andrew Slotten, W. E. Pur- 
cell. 

Twelfth District— H. F. Miller, B. F. Spalding, J. Lowell. 

Thirteenth District — Addison Leach, R. IvL Pollock, H. M. Pe- 
terson. 

Fourteenth District — E. W. Chaffee, Wm. J. Clai)p, Euos Gray. 

Fifteenth District- Elmer Elliott, J. W. Scott, J. Wellwood. 

Sixteenth District — E. W. Camp, F. 13. Fancher, Andrew lilew- 
ett. 

Seventeenth District -E. S. Eolfe, H. M. Clark, 0. G. 
Meacham. 

Eighteenth District— David Bartlett, E. D. Wallace, E. M. 
Paulson. 

Nineteenth District — J. F. Selby, M. F. Hegge, Knud J. Nom- 
land. 

Twentieth District — Wm. Budge, Richard Bennett, Alexander 
Griggs. 

Twenty-first District — A. P. Haugen, J. H. Mathews, Clias. 
Carothers. , 

Twenty-second District — M. N. Johnson, M. V. Linwcll, T. W. 
Bean. 

Twenty-third District — A. O. Whipple, Edward Lohnes, J. F. 
O'Brien. 

Twenty-fourth District — A. D. Robertson, M. K. Marriuan, 
James Bell. 

Twenty-fifth District — Roger AUin, John Almen, James Doug- 
las. 

W. H. RowE, 

Chairman. 
O. G. Meacham. 
H. F. Miller. 

Mr. McHugh moved that the report of the committee be 
adopted. 

Motion agreed to. 

Mr. Williams moved that the convention proceed to the election 
of a president. Carried- 

Mr. Camp placed in nomination F. B. Fancher, of Stutsman 
county. 

Mr. Purcell placed in nomination John E. Carland, of Burleigh. 

Mr. Carland moved that the oath of office be administered to 
the members by the Hon. Roderick Rose, associate justice of the 
supreme court. Agreed to. 

The oath of office was then administered to all the members. 

The roll being called, the following was the vote of the conven- 
tion for president: 

Those voting for Mr. Fancher were 

Messrs. AUin, Almen, Bartlett of Dickey, Bartlett of Griggs, 
Bean, Beunett, Brown, Budge, Camp, Carland, Carotheis, Chatfee, 



Journal of the Convention, 



Clap, Clark, Coltou, Elliott, Flemington, Gayton, Harris, Haugeu, 
Holmes, Hoyt, Johnson, Jjauder, Leach, Linwell, Mathews, Mc- 
Hugh, McKeuzie, Meacham, Miller, Moer, Nomland, Parsons of 
Morton, Parsons of Bolette, Paulson, Peterson, Powles, Pollock, 
Richardson, Bobertson, Bolfe; Bowe, Sandager, Scott, Selby, 
Shuman, Slotten, Spaulding, Stevens, Turner, Wallace, Wellwood, 
Williams— 64. 

Those voting for Mr. Carland were 

Messrs. Appleton, Bell, Best, Blewett, Douglas, Fancher, Glick, 
Gray, Griggs, Lowell, Marrinan, McBride, Noble, O'Brien, Pow- 
ers, jPurceU — 16. 

Absent and not voting: 

Messrs. Fay, Lohnes, Hegge and Whipple — 6. 

Mr. Carland moved that the election of Mr. Fancher l)e de- 
clared unanimous. Carried. 

The chair appointed Messrs. Carland and Camp a committee of 
two to escort Mr. Fancher to the chair, and the duty assigned 
them was duly performed. 

Mr. Fancher returned his thanks to the convention for the 
honor conferred upon him speaking as follows: 

GentiiBKBn: Ab a preddiniir officer I cannot promiBe very mnoh. I am 
not very well yeraed in parliamentary law, bnt I think I will ventore to do my 
best to please yon, to endeavor to carry oat your wishes and to assist yon in 
embodying in the ooDstitntioD for North Dakota the sound judgment and level- 
headedness of the whole people of North Dakota, and not to foster the interests 
of any man or particular class of men. If, after some experienoe, I shall suo- 
oeed in meeting your approval, the end attained will have justified you in yonr 
action to-day. If I shall be so unfortunate as to fail, I do most solemnly as- 
sure you it shall not have been my fault, but my misfortune, for I will make 
every effort to succeed. 

Mr. Williams moved that a committee of seven be appointed on 
rule& 

The motion was agreed to. 

As that committee the president appointed Williams of Bur- 
leigh, Parsons of Morton, Turner of Bottineau, Carland of Bur- 
leizh, Allin of Walsh, Stevens of Bansom and Johnson of Nelson. 

The convention took an informal recess, during which the draw- 
ins for seats took place. 

Mr. Scott movea that the secretary be instructed to procure five 
hundred copies of the enabling act for the use of the delegates. 

Motion agreed to. 

Mr. Stevens moved that the convention adjourn until 2 o'clock 
p. m. to-morrow. Carried. John A. Bea, 

Secretary pro tern. 



Saturday, July 6, 1889. 5 



Saturday, July 6, 1889—2 a Clock P. M. 

The Convention met pursuant to adjournment, Mr. President in 
the chair. 

Prayer by the Rev. Mr. Kline. 

Roll called. 

Quorum present 

Mr. Johnson moved the following resolution: 

Resolved^ That the privilege of the floor heretofore exteuded to all repre- 
sentatives of the press, be withdrawn from one Marshall McClnre, of the I>ev- 
ils Lake Daily Capital. 

Mr. McHugh moved to lay the resolution on the table. Car- 
ried. 

Mr. Garland, from the Committee on Rules, submitted its re- 
I>ort, which was read. 

Mr. Camp moved that the Secretary be directed to have the 
report of the Committee on Rules printed, and a copy of them 
laid on every member's desk, and further consideration of the 
report postponed until the report be so printed and distributed. 

Mr. Wallace moved, as an amendment, that so much of the re- 
jxjrt as refers to standing committees be adopted. 

Mr. Purcell moved, as an amendment to the amendment, that so 
much of the report as refers to the oflBcers be adopted. Carried. 

The original motion, as amended, was agreed to. 

The Convention adjourned until 2 o'clock p. m. Monday, July 
8th. 

John A. Rea, 

Secretary pro Unn. 



() Journal of the Convkntion, 



Monday, July 8, 188V). ? (rClork 1\ M, 



The Conventiou assornbkHl at 2 o'clock p. ui. pursuant to ad- 
journment. The President presidint;. 

Prayer by Rev. Geo. Kline. 

Roll called. 

Quorum present. 

The minutes of the precedinj^ session were read and a])proved. 

Mr. Williams moved that the Convention proceed to the elec- 
tion of the permanent officers of the Convention. 

Which motion prevailed. 

Mr. Williams nou)inat^d J. G. Hamilton of Grand Forks as 
chief clerk. 

Mr. Parsons of Morton moved tliat the election of J. G. Hamil- 
ton be by a rising vote. 

AVhich motion prevailed, and J. G. Hamilton was declared the 
duly elected chief clerk. 

Mr. Miller moved that the election of the officers of the Con- 
vention be by a vwa voce vote. 

Which motion prevailed. 

Mr. Johnson moved that Fred Falley of Richland county be 
elected sergeant-at-arms. 

Which motion prevailed, and Mr. Falley was declared the didy 
elected sergeant-at-arms. 

Mr. Rowe moved that C. C. Bowsfield of Dickey county be 
elected the enrolling and engrossing clerk. 

Which motion prevailed, and Mr. Jiowsfield was declared elected 
enrolling and engrossing clerk. 

Mr. Spalding moved that E. W. Knight, of Cass county, be 
elected messenger, which motion prevailed, and Mr. Knight was 
declared elected messenger. 

Mr. Harris moved that George W^entz, of Burleigh county, be 
elected doorkeeper, which motion ])re vailed, and Mr. Wentz was 
declared elected doorkeeper. 

Mr. Scotfc moved that J. S. AVeiser, of Barnes county, be elected 
watchman, which motion prevailed, and Mr. Weiser was declared 
elected watchman. 



Monday, July S, 1S89. 



Mr. ParsoiiB, of Morton, niovetl that R. M. Tiittle, of Morton 
county, be elected permanent stenographer, which motion pre- 
vailed, and Mr. Tuttle was declared elected stenographer. 

Mr. Williams moved tliat Rev. Geoge Kline be elected chaplain, 
which motion prevailed, and Mr. Kline was declared elected chap- 
lain. 

Mr. Williams moved that Arthnr Linn, Harry G. AVard, Charles 
W. Conroy and Charles Lander be elected pages, which motion pre- 
vailed, and Arthur Linn, Harry G. Ward, Charles Lauder and 
Charles W. Conroy were decilared eU'cted pages. 

The oath of office was then administered to all the foregoing 
officers by the President of the Convention. 

Mr. Selby offered the followimg resolution, and moved its adop- 
tion: 

Whereas, The organization of the Constitutional Convention for the pur- 
pose of framing? a constitution for the proposed state of North Dakota is now 
perfected; therefore 

Resolred, That we, the delegates of said Constitutional Convention for and 
on behalf of the people of said proposed sUite of North Dakota, hereby declare 
that we adopt the constitution of the Uuitetl Stiitcs. 

AVhicli resolution was adopted. 

Mr. Spalding moved that the committee to agree upon a settle- 
ment and adjustment of the indebtedness and property of the 
territory as between North and South Dakota shall consist of seven 
members, and that the committee be authorized to employ such 
clerical assistance as they may deem necessary. 

Wliich motion prevailed. 

Mr. Garland offered the following resolution, and moved its ad- 
option: 

Resolved, That the President of this Convention appoint seven of its mem- 
bers to act as members of the joint commission to bo appointed by the Oonsti- 
tuti<mal Conventions of North and South Dakota, for the purpose of making 
an eipiitable division of all property belon^an^^ to tlie Territory of Dakota, and 
to adjust and a|t,'reo upon tJie amount of the debts and liabilities of said terri- 
tory which shall be assumed and paid by each of the proposed states of S<mth 
aD(l North Dakota. 

Which resolution w^as adopted. 

Mr. AVilliams moved that the Convention proceed to the consid- 
erati(m of the report of the Committee on llules, 

Which motion prevailed. 

Mr. Johnson moved that the (\)nvention consider the report sr- 
viafini, 

Which motion prevailed* 

Mr. Scott moved that the Convention do now resolve itself into 
a Committee of the Whole to consider the import of the Commit- 
tee on Rules, 

Which motion prevailed. 

The President called Mr. Scott to the chair. 
- AVhen the Committee rose the following rei)ort was presented: 



8 Journal of the Convention, 



Mr. Pbesidbnt: 

Yonr Committee of the Whole have had under consideration 
the report of the Committee on Boles, and respeotfnlly recommend that 
the words: **when prayer shall be offered by the chaplain*' be inserted after the 
word "order," in the second line of Bnle 1, and with this amendment, recom- 
mend the adoption of the report of the Committee on Bnles. 

John W. Soott, 
Chairman. 

Mr. Miller moved that the report be adopted. 

Which motion prevailed. 

Mr. Scott moved to add to the committees named in the report 
a committee on the amendment and revision of the constitu- 
tion, on homesteads and exemptions and on railroads, each com- 
mittee to consist of five members. 

Mr. Noble moved to amend by making the committee on rail- 
roads consist of nine. 

Which motion was lost, and the original motion being put, 
was losi 

The rules as amended and adopted are as follows: 

BULES FOB THE BEGULATION OF THE PBOCEEDINQS OF 

THE CONVENTION. 

OP THE DUTIES OP THE PRESIDENT. 

1. He shall take the chair at the hour of meeting of the Conveotiou, and 
immediately call the delefi^ates to order, when prayer shall be offered by the 
chaplain, and if upon call of the roll a qaonim shall be present, shall cause the 
Journal of the preceding day to be read, which may be then corrected by the 
Convention. 

2. He shall preserve order and decorum iu debate, shall prevent personal 
reliectioDs, and confine members to the (question under consideration. When 
two or more delef^^atee arise at the same time, he shall name the one entitled to 
tlie floor. 

8. He shall decide all questions of order. An appeal from his decision 
may be made by any dele^^ate, or the President may in the first instance sub- 
mit the question to the Convention. On questions of order there shall b;) no 
debate, except on appeal from the decision of the President, or on a reference 
of a question by him to the Convention, when no delegate shall speak more 
than once, unless by leave of the Convention. 

4. While the President is putting a question or addressing the Convention, 
none shall walk out of or across the house, or when a delegate is speaking shall 
entertain private discourse ; nor while a delegate is speaking shall pass between 
him and the chair. 

5. The President shall appoint the standing committees, unless otherwise 
ordered! by the Convention. 

6. He shall have a general direction of the hall. He may name a delegate 
to perform the duties of the Chair, but such substitution shall not extend be- 
yond an adjournment. In case of the sickness or necessary absence of the 
President, he may appoint a President pro tenijwre for any period not exceed- 
ing ten days, after which, or in default of such appointment by the President, 
a President pro tempore shall be chosen by the Convention. Wliile the Presi- 
dent pro tempore officiates, he shall be clothed with all the powers, and per- 
form all the duties of the President. 

OP THE ORDER OP BUSINESS. 

7. After the Journal has been read, the order of business shall be as fol- 
lows: 



Monday, July 8, 1889. 9 



1. Letters, petitions, memorinis, remonstrances and accompanying docu- 
ments may be presented and referred. 

2. Lieave of absence may be asked and original resolutions offere<l,and on 
motion considered. 

3. Reports of committees may be made: 

1st. From standing committees in their order. 
2d. From select committees. 

4. Articles on third reading 

5. Reports and resolutions may, on motion, be considered. 

6. Articles in the following order: 

1st. Those in which the Convention has made progress on second read- 
ing. 

2d. Those reported by a committee of the whole. 

3d. Those in which the committee of the whole has made progress, and 
has leave to sit again. 

4th. Those not yet considered in committee of the whole, shall be 
taken up. 

OP BUSINESS AND DEBATE. 

8. When a delegate is about to speak in debate, or to communicate 
any matter to the Convention, he shall rise and respectfully address Mr. Presi- 
dent, and upon being recognized by the president shall continue, confining his 
remarks to the subject before the Convention, and avoiding personal retiections. 

9. If any delegate in debate transgresses the rules of the Convention, 
the President shall, or any delegate may, through the President, call him to 
order; the delegate so called to order shall immediately sit down, unless per- 
mitted to explain. The Convention shall, if appealed to, decide on the case, 
but without debate. If there be no appeal, the decision of the President shall 
be submitted to, and if the case requires it, the delegate so called to order shall 
be liable to the censure of the Convention. 

10. No delegate shall speak more than twice to the same (piestion without 
leave of the Convention. 

11. No delegate, when speaking, shall be internipted, except by a call to 
order by tbe President, or by a delegate through the President, or by a mem- 
ber to explain, nor shall any delegate be referred to by name, in debate, unless 
for a transgression of the rules of the Convention, and then by the President 
only. 

12. A delegate presenting a petition or other paper to the Chair, shall 
state only the general purport of it. Tlie name of every delegate presenting a 
petition, or other paper, or making a motion, shall be entered on the journals. 

13. No member shall be permitteil to make a motion, or address the 
President, unless such member shall be at his own desk. 

ON MOTIONS. 

14. All motions made and seconded shall be repeated by the President, 
who shall put the question distinctly in the following form, viz: 

"As many as are of opinion," [as the question may be.| **say Aye." And 
after the affirmative is expressed, "as many as are of a contrary opinion, say 
No." But the President, or {iny delegate, may call for a division of the Con- 
vention, when the President shall again put the (question distinctly and in the 
following manner, viz: "As many as are in the affirmative will rise." And 
when he has announced the number in the affirmative, he shall put the oppo- 
Hite side of the question, "As many as are in the negative will rise." 

15. If the President, or any delegate requires it, a motion made shall be 
reduced lo writing. Any motion may be withdrawn by the mover before 
amendment or decision. 

16. Any delegate may call for the division of a question, which shall be 
divided if it comprehends questions so distinct that on being taken away, the 
rest may stand entire for the decision of the Convention. A motion to strike 
out or insert shall be deemed indivisible, but a motion to strike out being lost 
shall preclude neither amendment nor a motion to strike out and insert. 

2 



10 Journal of the Convention, 



OF PBIYlIiEOBD QUESTIONS. 

17. No bnsinesB before the conyentlon shall be interrupted except by a 
motion 

For adjoarament. 

For the previous question, viz: ''shall the main question be now put." 

For postpoQement. 

For commitment. 

For amendment. 

For reconsideration. 

18. A motion for adjournment shall always be in order and shall be decided 
without debate, except it shall not be received when the Convention is voting: 
on another question, nor while a delegate is addressing the Convention. When 
a call for the previous question has been made and sustained, the question 
shall be upon pending amendments and the main question, in their regular or- 
der, and all incidental questions of order arising after a motion for the pre- 
vious question has been made, and pending such motion shall be decided on 
appeal or otherwise without debate. But the previous question shall not be 
called by less than ten delegates rising for the purpose, and shall be decided 
without debate. A motion for postponement shall preclude commitment. A 
motion for commitment shall preclude amendment or decision on the original 
subject. A motion to postpone for the present, or to a day certain shall be 
decided without debate. 

19. No motion for reconsideration shall be permitted unless made and 
seconded by delegates who were in the majority on the vote on the original 
question, and within six days of actual session after the decision. 

20. When a blank is to be filled, the question shall be first taken on the 
largest sum, the greatest number and the remotest day. 

21. In all cases of elections, a majority of the delegates present shall be 
necessary to a choice, and the voting shall be viva voce. 

OF COMMITTEES. 

22. Committees may be of three kinds, to- wit: 
Committees of the whole. 

Standing committees as follows: 

1. On x)nnting, consisting of five members. 

2. On reporting and publication, consisting of five members. 

3. On accounts and expenses, consisting of seven members. 

4. On the preamble and declaration of rights, consisting of nine mem- 
bers. 

5. On legislative department, consisting of thirteen members. 

6. On the executive department, consisting of nine members. 

7. On the judicial department, consisting of fifteen members. 

8. On the Elective Franchise, consisting of thirteen members. 

9. On Education, consisting of seven members. 

10. On Public Institutions and Buildings, consisting of nine members. 

11. On Public Debt and Public Works, consisting of nine members. 

12. On Militia, consisting of five members. 

13. ( )n County and Township Organization, consisting of nine mem- 

bers. 

14. On Apportionment and Representation, consisting of twenty-five 

meml>er8. 

15. On Roveniio and Taxation, consisting of fifteen members. 

16. On Municipal Corporations, consisting of nine members. 

17. On Corporations other than Municipal, consisting of nine members. 

18. On Miscellaneous Subjects, consisting of seven members. 

19. On Schedule, consisting of seven meml)ers. 

20. School and other Public Lands, consisting of thirteen members. 

21. On Teniponmce, consisting of five meml>ers. 

22. On Kevision and Adjustment, consisting .of five members. 

23. On Imi»e2ichment and Removal from Office, consisting of seven mem- 

l>or8. 



Monday, July 8, 1889. 11 



Select committees. 

23. Every member of the committee shall attend the call of the chairman, 
who shall be the person first named on saoh committee, and in case of the 
neglect of the chairman, or in case of his absence, by sickness or other 
cause, the committee shall attend the call of the {lerson named next on the 
committee. 

24. No committee shall sit during the sitting of the Convention without 
leave of the Convention 

OF THE COMMITTEE OF THE WHOLE. 

25. The rules and proceedings observed in the Convention, shall be 
observed as far as they are applicable in Committee of the Whole, except that a 
delegate may speak oftener than twice on the same subject, nor can a motion 
for the previous question be made therein. 

26. When the Convention resolves itself into a Committee of the Whole, 
the President shall appoint a chairman, unless ordered by the Convention 

27. Amendments made in Committee of the Whole shall be read on the 
President resuming the chair, and shall be entered on the Journal. 

28. When in Committee of the Whole, any paper laid upon the table of 
the Convention may be called for by a delegate and read, unless the committ^ 
otherwise order. 

29. It shall be the duty of the several standing committees to take into 
consideration the several subjects, and all resolutions touching the same, re- 
ferred to them by the Convention, and to report thereon. 

30. When the names of the delegates shall be called, it shall be done in 
alphabetical order, except Mr. President, who shall be called last 

31. The yeas and nays of the delegates on any question shall at the de- 
sire of any two of them be entered on the Journals, and the delegates shall 
have the right to insert the reasons of their votes on the Journals. 

32. No delegate shall absent himself without first obtaining leave of the 
Convention. 

33. No delegate shall be permitted to vote on an any question unless he 
be within the bar, and when the yeas and nays are called, be present to answer 
to his name before the name of the President is called. 

34. On the call of yeas and nays, one of the clerks shall read the names 
of the delegates after they have been called, and no delegate shall be permit- 
ted to change his vote unless he at that time declares that he voted under a 
mistake of the question. 

35. On the call of a member for the consideration of a resolution or other 
subject, on the table of the Convention, the question shall be decided without 
debate. 

36. None but members of the Convention and its officers, and such sten- 
ographers, reporters or other persons as shall have permission given them by 
the President or Convention, shall be permitted to come within the bar of the 
Convention during its session. 

37. No smokmg shall be allowed within the hall at any time, whether the 
Convention be in session or not. 

38. No rule shall be altered or dispensed with but by two-thirds of the 
delegates present. 

39. The roll shall be called at any time upon the demand of any fifteen 
members. A majority of the convention shall constitute a quorum for the 
transaction of business, but a smaller number may adjourn from day to day and 
be authorized to compel the attendance of members. 

^. The hour of meeting of the convention shall be two o*clock p. . m. 
each day, except Sundays until otherwise ordered. 

41. The permanent officers of the convention shall be as follows: Presi- 
dent, chief clerk, enrolling and engrossing clerk, sergeant-at-arms, messenger, 
watchman, doorkeeper, chaplain, stenographer, four pages. 

42. All portions of the proposed constitution shall receive three several 
readings in convention before their passage and the second and third readings 
ehall not occur on the same day. 

43. The rules of parliamentry practice contained in Roberts' Rules of 



12 Journal of the Convkntion, 



Order shall goTem the convention in all cases to which they are applicable 
and in which they are not inconsistent with the standing rules of this Conven- 
tion. 

Messrs. Clapp. Leach and Chaffee were excused for the day. 

Mr. Parsons was excused until Friday. 

Mr. Miller moved that when the Convention adjourn it adjourn 
to meet on Thursday at 2 o'clock p. m. 

Which motion prevailed. 

Mr. Turner moved that the Convention resolve itself into a 
Committee of the Whole to listen to an address by Mr. Black- 
well. 

Which motion prevailed, and the President called Mr. Selby to 
the chair. 

The committee rose without report. 

Mr. Spalding offered the following resolution, and moved its 
adoption : 

Renftlvedy That tlie Auditor of the Territory be requested to furnish at 
once for the use of this conveution a stateiuout showing the cost of construc- 
tion and repairs of all public buildings and institutions of the Territory, the 
indebtedness incurred and outstanding against the same, what part of such in- 
debtedness was by the acts creating it to bo assumed by the states of North 
Dakota and Houth Dakota, respectively, all assets and liabilities of the Terri- 
tory, and to what accounts tho same belong, a list of all public records, archives 
and other property of that nature now belon^ug to the Territory, and all other 
information within his department necessary for the use of this convention or 
any conunittee thereof, in dividing the property, assets and liabilities of the 
Territory of Dakota. 

Which resolution was adoptc^d. 

Mr. Williams moved to correct the journal of July 5th so as to 
show that Mr. Meacham voted for Mr. Fancher for President. 
Mr. Stevens moved to adjourn, 
Which motion prevailed, and the Convention adjourned. 

John G. Hamilton, 
Chief Clerk. 



Thursday, July 11, 1889. 13 



Thursday, July 11, 1889. 

The Convention assenibleil at 2 o'clock, p. m., pursuant to ad- 
jouriiUient, the President presiding. 

Prayer was offered by the chaplain. 

The roll was called, all members being j)resent except Messrs. 
Bean, Bennett, Haugen, Lin well, Lohnes, Nomland, Parsons of 
Morton, and Whipple, who were excused. 

The minutes of the sessions of July Ith, 5th, Gth and 8tli were 
read, corrected and approved. 

An invitation from the chamber of commerce of West Superior, 
Wisconsin, to attend the waterways convention was ])re8euted. 

Mr. Williams moved that the communication be referred to a 
8|Xicial committee of five. 
W^hich motion prevailed. 

The President appointed as such committee Messrs. Williams, 
Leach, x\ppleton, Powles and Gayton. 

The President appointed the following commission for the 
djuitable distribution of territorial property: 

Messrs. Camp of Stutsman, Purcell of Richland, Si)alding of 
Cass, Harris of Burleigh, Griggs of Grand Forks, Scott of Barnes, 
Sandager of Ransom. 

The President announced the following standing committees of 
the Convention. 

Printing — Roger Allin, chairman, Walsh; C. P. Parsons, Towner; 0. V. 
Brown, Welk; J. B. Gayton, Emmons; W. J. Clapp, Cass. 

. Reporting and Puhlicatimi — J. F. Selby, chairman, Traill; Andrew Blew- 
ett, Stutsman; J. Well wood, Barnes; O. i.^, Meacham, Foster; A. S. Parsons, 
Morton. 

Accounts and ExiyenscH — O. G. Meacham, chairman, Foster; E. W. Panl- 
sfin, Traill; A. W. Hoyt, Morton; B. K. Ghck, Cavalier; M. F. He^rge, Traill; 
Cdward Lohnes, Ramsey ; Elmer Elliott, Barnes. 

Preamble and Bill of Rights— B,, N. Stevens, chairman, Ransom; Elmer 
£lhott, Barnes; A. D. Flemington, Uickey; S. H. Moer, LaMoure; Joseph 
Powles, Cavalier; x\l. V. Liuwell, Nelson; J. E. Carlaud, Burleigh; E. W. 
Chaffee, Cass; Ezra Turner, Bottineau. 

Legislative Department — E. A. Williams, chairman, Burleigh; Roger 
Allin, Walsh; W- E. Purcell, Richland; Addison Leach, Cass; E. S. Rolfe, Ben- 
son; R. B. Richardson, Pembina; R. N. Stevens, liiinsom; Andrew Slotten, 
Richland; J. W. Scott, Barnes; Knud, Nomland, Traill, A. F. Appleton, Pembina; 
William Budge, Grand Forks; W. H. Rowe, Dickey. 



14 Journal of the Convention, 



Ejrecutive- -W. H. Rowe, ehainuau, Dickey; Johu Shumunf Sur^ent; J. H 
Mathews, Grand Forks; H. F. Miller, Cass; Alexander Grig^, Grand Forkt 
David Bartlett, Griggs; J. A. Douglas, Walsh; J. L. Coltou, Ward; Willian 
Ray, Stark. 

Judicial Department— John E. Garland, chairman, Burleigh; W. H 
Lauder, Richland; David Bartlett; Griggs; J. F. Selby, Traill; R. M. Po11<k»1i 
Cass; J. F. O'Brien, Ramsey; B. F. Spalding, Ciiss; M. K. Marrinan, Walsh 
Richard Bennett, Grand Forks; S. H. Moer, LsiMonre; Y. B. Noble, Bot 
tineau; R. N. Stevens, Ransom; A. D. Robertson, Walsh; M. N. Johnsoi 
Nelson; W. H. Rowe, Dickey. 

Elective Franchise— A, S. Parsons, chairman, Morton; Charles Caro 
thers, Grand Forks; Ezra Turner, Bottineau ; K M. Pollock, Cass; H. M. Clari 
Eddy; James Bell, Walsh; J. Well wood, Barnes; G. H. Fay, Mcintosh; M. F 
Hegge, Traill; O. G. Meacham, Foster; W. B. Best, Pembina; Wilham Raj 
Stark; V. B. Noble, Bottineau. 

Education — J. D. McKenzie, chairman, Sargent; H. M. Clark, Eddy; W 
J. Clapp, Cass; Elmer Elliott, Barnes; Chas. Carothers, Grand Forks; J. Mc 
Bride, Cavalier; J. A. Douglas, Walsh. 

Public I nstitut ions and Buildings -H. F. Miller, chairman, Cass; A. C 
Whipple, Ramsey; Richard Bennett, Grand Forks; Joseph Powers, Sargent 
M. K. Marrinan, Walsh; J. W. Scott, Barnes; E. A. Wilhams, Burleigli; E 
W. Camp. Stutsman; A. W. Hoyt, Morton. 

Public Debt and Public Works— E. D. Wallace, chairman, Steele; T. W 
Bean, Nelson; Knud Nomland, Traill ; J. Lowell, Csiss; H. L. Holmes, Pembinn 
Alexander Griggs, Grand Forks ; B. R. Glick, Cavalier; J. Powers, Sargent 
G. H. Fay, Mcintosh. 

Militia— V, McHugh, chairman, Cavalier; G. H. Fay, Mcintosh; Johi 
Almen, Walsh; Andrew Blewett, Stutsman; J. H. Mathews, Grand Forkf 

County and Township Organizations— A- F. Appleton, chairman. Pern 
bina; T. W. Bean, Nelson; Enos Gray, Cass; E. S. Rolfe, Benson; J. McBridc 
Cavalier; A. Sandager, Ransom; John Shuman, Sargent; E. W. Chaffee, Cass; IV] 
V. Linwell, Grand Forks. 

Apportionment and Representation — Andrew Sloitten, chairman, Rict 
land; H. L. Holmes, Pembina; A. F. Appleton, Pembina; P. McHugh, Ca\ 
alier; J. L. Colton, Ward; Harvey Harris, Burleigh; A. S. Parsons, Morton; C 
V. Brown, Wells; L. D. Bartlett Dickey; A. Sandager, Ransom; John Shu 
man, Sargent; H. F. Miller, Cass; H. M. Peterson, Cass; W. J. Clapp, Cass; J 
Well wood, Barnes; Andrew Blewett, Stutsman; E. S. Rolfe, Benson; E. L 
Wallace, Steele; Kjiud Nomland, Traill; William Budge, Grand Forks; J. H 
Mathews, Grand Forks; M. N. Johnson, Nelson; Edward Lohnes, Ramsey 
James Bell, Walsh; John Almen, Walsh. 

Revenue and Taxation— J, L. Colton, chairman. Ward; W. S. Laudei 
Richland; M. F. Hegge, Traill; E. D. Wallace, Steele; Enos Gray, Ctiss; Hai 
vey Harris, Burleigh; W. B. Best, Pembina; A. D. Robertson, Walsh; J. Mc 
Bride, Cavalier; E. M. Paulson, Traill; S. H. Moer, La Moure; H. M. Petei 
sou, Cass; Joseph Powles, Cavalier; David Bartlett, Griggs; A. O. Whipple 
Ramsey. 

Municipal Corix)rations- Richard Bennett, chairman, Grand Forks; J 
Lowell, Cass; J. F. O'Brien, Ramsey; C. P. Parsons, Rolette; A. D. Fleming 
ton, Dickey; John Powers, Sargent; Addison Leach, Cass; J. F. Selby, TraiU 
P. McHugh, Cavalier. 

Corporations Other than. Municipal— 'M,. N. Johnson, chairman. Nelson 
W. E. Puroell, Richland; E. D. Wallace, Steele; Jacob Lowell, Cass; L. L 
Bartlett, Dickey: S. H. Moer, LaMoure; James Bell, Walsh; J. L. Colton, Ward 
A. S- Parsons, Morton. 

Miscellaneous Sulrfects — W. E. Purcell, chairman. Richland; J. E. Car 
land, Burleigh; A. W. Hovt, Morton; C. V. Brown, Wells; E. W. Chaffee 
Cats; A. P. Haugen, Grand ^orks; M. K. Marrinan, Walsh. 



Thursday. July 11, 1889. 15 



Schedule — W. S. Lander, ohainnaD, Richland; H. F. Miller, Gass; J, B. Oay- 
toD, Emmone; John Almen, Walsh; Y. B. Noble, Bottinean; E. A. Williams, 
Bnrleif^h; J. 1>. McEenzie, Sarfs^nt. 

School and Public Lands— B.. M. Clark, Eddy; B. F. Spalding, Cass; T. 
W. Bean, Nelson; William Bndge, Grand Forks; W. B. Best, Pembina; Will- 
iam Bay, Stark; J. A. Donglas, Walsh; R B. Richardson, Pembina; Addison 
Leach, Cass; A. D. Robertson, Walsh; J. D. McEenzie, Sargent; Roger AUin, 
Walsh; L. D. Bartlett, Dickey. 

Temperance — A. P. Hangen, Chairman, Grand Forks; L. D. Bartlett, 
Dickey; R. M. Pollock, Cass; A. Blewett, Stutsman; Ezra xumer, Bottinean. 

Revision and Adjustment — David Bartlett, chairman, Griggs; O. G. 
Meacham, Foster; J. E. Carland, Burleigh; E. W. Camp, Stutsman; Y. B. 
Noble, Bottineau. 

Impeachment and Removal from Office — Ezra Turner, chairman, Bot- 
tinean; M. Y. Lin well, Nelson; R. B. Richardson, Pembina; E. W. Paulson, 
Traill; A. D. Flemington, Dickey; C. Y. Brown, Wells, J. F. O'Brien, Ramsey. 

Mr. Carland moved that the secretary be instructed to have the 
omnibus bill, the rules of the convention and the standing com- 
mittees of the convention printed in pamphlet form and placed on 
the desks of members. 

Which motion prevailed. 

Mr. Williams moved that Gov. Mellette be invited to ad- 
dress the convention and that Messrs. Robertson, Stevens and 
Moer be appointed a committee to extend the invitation to the 
governor. 

Which motion prevailed. 

Mr. Selby moved that the territorial oflScers be requested to ac- 
company the governor. 
TVhicn motion prevailed. 

The President appointed Mr. Lauder as a committee to extend 
the invitation. 

The president introduced Governor Mellette, who addressed 
tlie Convention. 

The Convention then took an informal recess. 

Mr. Wallace moved that a committee of three be appointed by 
tlie President to ascertain what rooms are needed for convention 
use, where and on what terms they can be obtained, and whether 
the costs of such rooms as may be hired, if any, will be paid out 
of the congressional appropriation. 

Which motion prevailed, and 

The President appointed as such committee Messrs. Wallace, 
H. arris and Leach. 

Mr. Purcell introduced the following resolution and moved its 
adoption: 

Resolved, That the delegates appointed by this Convention to form a part of 

the joint oommission to settle and adjust the indebtedness and divide the 

l^P^rty, be also empowered to settle and adjust the boundary line between 

North and South Dakota, and that the line so fixed by the commission be the 

^vidin^ hne between said states until changed by the legislatures 

thereof. 



i 



16 Journal of the Convention, 



Which resolution was made a special order for to-morrow. 
Mr. Allen moved that Rev. R. C. Wiley bo in\nte<l to address 
the Convention. 

Which motion prevailed. 

Mr. Wiley then addressed the Convention. 

Mr. Williams moved that the Convention adjonrn. 

Which motion prevailed and the Convention adjourned. 

J. G. Hamilton, 

Cliief Clerk. 



Bismarck, July 12, lS8i). 

The (-onvention assembled at 2 o'clock p. m., pursuant Uy ad- 
journment. 

The President i)rosi(ling. 

Prayer was offered by the Chaplain. 

Tlie roll was (*alled, all members being present except Mes vs. 
I^ennett, Ijohnes, Lowell, Marrinan, Parsons ot Morton, and Whip- 
l)le, who were excused. 

Tlie minutes of the preceding session were read and api)roved. 

The Convention proc^eeded to the consideration of the order of 
the day, being the considoraticm of the resolution of Mr. Purcell, 
empowering tin* joint commission to settle and adjust the boun- 
dary line betwi»en North and South Dakotii, and that the line so 
fixed by tlu* commission be the dividing line between said states 
until changed by the legislatures thereof. 

Mr. Purcell moved the* following as a substitute therefor: 

Rrsolrcd^ Tlmt the (loloi?ates appointe<l by this Convention to form a part 
of tho joint conmiiKeion to settlo and adjust tlio iudobtedness and diWdo the 
property, ho also empowered to t(»mporarily settle and fix what shall be the 7th 
standard parallel until such time as the true line shall be ascertained. 

AVhich substitute was adopted. 

Mr. Johnson introduced the following as a proposed article of 
the Constituiion, which was read the first and second times and 
refernnl to the Committee on Corporations, other than municipal: 

Article — Common carriers shall convey all troops of the state militia when 
on duty, and all officers of tho military, executive, legislative and judicial de- 
partments of the state government when traveling? on official business, at a 
uniform rate of not to exceetl one cent per mile,to l>e paid out of the state treas- 
ury asprovided by law. 



Friday, July 12, 1889. 17 



Mr. Griggs introduced the following as a proposed article of the 
Constitution, which was read the first time : 

COUNTIES. 

Section 1. The several oouuties of the territory of Dakota, ^ji^g north 
of the 7th standard parallel, as they now exist, are hereby declared to be 
oonnties of the state of North Dakota. 

Section 2. No new county shall be established which shall reduce any 
county to less than four hundred square miles, or to less than two thousand 
inhabitants, nor shall any county be formed of lesd area, or containing a less 
Ix)pulation. 

Section ii. No county shall be divided, or have any part stricken there- 
from, without first submitting the question to a vote of the i)eople of the 
county, nor unless a majority of all the legal voters of the county voting on 
the question shall vote for the same. 

Section 4. There shall be no territory stricken from any organized county 
unless a majority of the voters living in such territory shall petition for such 
division, and no territory shall be added to any organized county, unless a 
majority of the voters living in such county shall vote therefor, but the portion 
BO stricken off and added to another county, or formeil in whole or in part into 
a new county shall be holden for, and obliged to pay its proportion of the in- 
debtedness of the counties from which it has been taken. 

Secttion 5. Yhe legislative assembly shall have no power to remove the 
county seat of any county, but the removal of county seats shall be provided 
for by general law, and no county seat shall be removed, unless two-thirds 
of the qualified electors of the county, voting on the proposition at a [general 
election, vote therefor, and no such proposition shall be submitted oftener than 
once in four years, and no person shall vote on such proposition, who shall not 
have resided in the county six mouths, and in the election precinct ninety days 
next preceeding such election. 

Mr. Moer moved that the article be read the second time by its 
title. 

Which motion prevailed, and 

The article was road the second time by its title, and referred 
to the Committee on County and Township Organization. 

Mr. Scott offered the following resolution : 

Renolvedt That the Committee on Printing be instructeil to arrange, upon 
the most favorable terms, for the printing of the Daily Journal of the Conven- 
tion — /500 copies of the Journals to l)e bound at the end of the session for dis- 
tribntitm among the members and for exchange with other state and territorial 
libraries, and not less than 8()0 copies daily to be fumisheil for the immediate 
use of the members, either in pamphlet or newspaf>er form, as the committee 
may deem best and the Ccmvention may approve. 

Mr. Williams moved the adoption of the resolution. 
Which motion prevailed. 

Mr. Moer offered the following resolution and moved its adop- 
tion: 

Whereas, The road-bed and rolling stock of the Northern Pacific rail- 
road is at present by virtue of its charter, exempt from taxation in this terri- 
tory, and whereas, it is important and necessary for this Convention to deter- 
mine whether or not said road bed and rolling stock can l>e made subject to 
taxation under the Constitution about to be formed, and whereas, great differ- 
ences of opinion exist as to the power of tliis Convention in the premises. Now 
therefore, be it 

Jiesolved, That the said matter of the power of this Convention 
to provide for the taxation of said property be referred to the Judicary Com- 

3 



18 Journal op the Convention, 



mittee for tlieir opinion thereon and that said oommittee be and are hereby 
instrncted to report thereon within one week from this date. 

Which resolution was adopted. 

Mr. Stevens moved that the Journal, in addition to all resolu- 
tions, shall contain all articles proposed to be incorporated in the 
Constitution. 

Which motion prevailed. 

Mr. Scott offered the following resolution and moved that it be 
referred to the Judiciary Committee. 

Kesolvi^d, That do judge of any court established under this Gonstitution, 
shall, after the adoption thereof, be aUowed to draw or receive any salar}' unless 
he shall take and subscribe an affidavit before an officer entitled to administer 
oaths, that no cause in his court remains undecided, that has been submitted 
fr>r decision for the period of ninety days. 

Which motion prevailed. 

Mr. Richardson moved that this Convention do order that all 
county officers now holding office in the proposed State of North 
Dakota, remain in office and draw their salary until the end of the 
term for which they were elected, and that their bonds hold good 
for the same period. 

Mr. Scott moved that it be referred to the Committee on Sched- 
ule. 

Mr. Rolfe moved as an amendment that it be referred to the 
Committee on County and Township Organization. 

Wliich amendment was lost, and the original motion prevailed. 

REPORTS OF SPECIAL COMMITTEES. 

Mil. President: 

Your committee to whom was submitted the matter of committee rooms 
respecttfully 8nbmit the followini;? report: There are to be had five rooms in 
the cnpitol bnildiu j?, viz. : The offices of the Attorney (General, Oommittee of 
Lumi^'ration, Railroad Commission, Council room and one room off the Coonoil 
room. There are six rooms in the First National Bank block which can be 
had for one month for the sum of $9().00; a janitor will be furnished to take 
care of the rooms. The rooms are unfurnished, except one which has a desk 
and some chairs, and one which has a desk. The opinion of the Territorial 
Secretary is that the congressional appropriation does not cover the expense 
that may attend the renting of rooms away from the capitol building. 

E. D. WALIiAOE, 

Harvbt Habbis, 
Addison Leech. 

Mr. Blowott moved tliat the report be received and placed on 
file. 

Wliicli motion prevailed. 

Mr. Millor was excused from attendance on July 13th. 
Mr. (Garland moved to adjourn. 

Whicli motion [irevailed, and the Convention adjoumeiL 

J. G. Hamilton, 

Chief Clerk. 



Saturday, July 13, 1889. 19 



Satubday, July 13, 1889. 



The Couvention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Messrs 
Bennett, Budge, Griggs, Lowell, McHugli, Miller, Scott and 
Whipple, who were excused. 

Mr. Purcell moved that the privileges of the floor bo extended 
to the Commission from South Dakota. 
Which motion prevailed. 

Mr. Stevens introduced the following resolution, and moved its 
adoption. 

Reaolvedf That all matter to be incorporated in the Constitution shnll be 
first introduced in the Gonvention by resolution, be read a first time and on 
second reading shall be referred to the appropriate committee without debate, 
and no matter shall be incorporated in the Constitution until the subject to 
which it relates shall have first been considered and reporteil upon by the 
Conmiittee of the Whole. Each article or resolution so iiitrcnluced shall be 
printed, cri^i^fiT its consecutive number of introduction, and a copy thereof fur- 
nished to each member before its second reading. 

Mr. Harris moved to amend by striking out the words "by reso- 
lution," and to add at the close thereof the words "providing that 
nothing in this resolution shall prevent the introduction of origi- 
nal matter by any standing committee. 

Mr. Spalding moved that the resolution be made a special ordor 
for Monday, at 3 o'clock p. m. 
Which motion prevailed. 

Mr. Stevens moved that the Commitee on Printing ascertain the 
probable cost of printing, if the provisions of the resolution are 
carried out. 

Which motion was lost. 

Mr. Lauder offered the following resolution and moved its 
adoption: 

Resolved t That a select committee of five be appointed by the President to 
whom shall be referred all questions relating to the seat of government. 



20 Journal of the Convention, 



Mr. Mix^r moved that the further cousideration of tlio resolu- 
tiou be indefinitely posti)oued. 
Which motion pn availed. 

The Committee on printing sul)niitted the followinj^ reix)i-t: 

Mb. Puesident: 

Your oomiiiittoo to whom wub subinitted the iniitt^r of priiitiut*: the daily 
Jonmal of the Convontiou, 5(M) copies to be lM>iiud at the eiul of the session for 
distribution amou^ the niemlw^rs and for exchange with other state and terri- 
torial HbrarieSf and not U^sh tlian *M) copies daily to bo furnished for the im- 
mediate use of the memlK'rs, either in pamphlet or newspajier form, submit 
the followinfT terms ^dven by the Tkibune of Bismarck, N. D: Compo- 
sition 75c per 1000 ems; press work CAki per 240 impressions; binding, paper, 
etc., at re^ilar commenrial rates as now paid bv the Government for similar 
work; $SXiO per one hiuidred copies of daily Journal in pam]>hlet form, $!) 
newspaper form. Your committee also recommend that in addition to the 
daily Jtmmal there be printed in pamphlet form for the use of mem1>er8 240 
copies of each article introduced by the meml)ers «>f this C<mvention and that 
the same be priuteil after first reading. We recommend the acoeptanoe of the 
Tribune's proposition and that the .Journals be printed in pamphlet form. 

BociEB AliIilN, 

Chairman. 

Mr. Stevens moved that the report of tlie committee on printing 
be adopted. 

Which motion prevailtMl. 

INTKODlTCnON OF AUTICLEH. 

Mr. Johnson introduced File No. 3 — 

(^OMPAtrr WITH THE UNITED STATES. 

The following article shall be irrevocable without the consent of the 
United States and the [>eople of this stjite. 

Bbotion 1. Perfect toleration of reli^ous sentiment shall be secnred,aDd no 
inhabitant of this st^ite sh»ll ever be molested in person or property on ao- 
oount of his or her mode of reli^ons worship. 

Sec. 2. The ])eople mhabiduf? this state do af^ree and declare 
that they forever disclaim all ri^ht and title to the an- 
appropriateil public lands lyinfr within the boundaries of 
tliis state, and to all lands lyin^ within said limit-s owned or held 
by any Indian or Indian tribes; and until the title thereto shall have been ex- 
tiiifj^nifihed 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 jurisdicticm and control of the confess of the 
United States. Lands belon^in^ to citizens of the United 
States, residing without this state, shall never be taxed at 
a higher rate than lands belongiupr to residents of this state. No taxes almll 
ever be imposed by this state on lands or pro])erty herein behmfirin^ to, or 
which may hereafter be purchased by, the United Stiites or reserveil for its use. 
But nothing herein contained shall precrlude this state from taxing as other 
lands are taxed any lands owned or held by any Indian who him severed his 
tribal relations, 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 granteil to any Indian or Indians under any act of congress oon- 
taining a provision oxemptinirsuch lands fn>m taxation, and su(^h lands shall 
be exempt from taxation by this state so long and to such extent as such act of 
oongress may jirescribe. 

Sec. 3. The debts and liabilities incurred by the Territory of Dakota pre- 
vious to the adoption of this Constitution, shall l>e assumed and paid by this 



MMBtf 



Saturday, July 13, 1889. 21 



in Htioh proportion uo shall be a^^'eeil upon by a joiut commiBsion oom- 
]>i>^i«7^1 of members of the OoDstitutioDal Gonveutions of North Dakota 
£tzm«J. Sonth Dakota, resi>ectively, as sot forth in Article - of this CoustitutioD. 
Hkc, 4. There shall be estiiblished aud maintained a system of public 
t4<.fLA04>l8 in this sbite wliich shall be open to all the children of tills state and 
f ir«>c^ from seotanan control. 

/hicli was roatl the first time. 



^Vltto File No. 4 — 

OOUPOUATIONH. 

^^EcmoN 1. No cori>oration shall be created or have its (^barter extendetl, 
irli.si.ii>;ed or amended by special laws except those for charitable, educ^itioual, 
pOTAfftl or reformatory [)urposes, which are to l>e and remain under tbie patroii- 
a^c*> 2ind ctmtrol of the state; but the LejLfisIature shall provide by i>;eneral laws 
for t lie orfranization of all corporations heretifter to be creaUnL 

Hec, 2. All existing; charters, or ^rant^ of special or inclusive privileges, 
n,iicl4^r which a bona fide or^anizatitm shall not have t^iken place and business 
l>«^«^tj. commoni^od in ^ood faith at the time this Constitution takes effect, shall 
tlLeirt3aft«r have no vididity. 

Hrc\ 8. The Le^slature shall not remit the forfeiture of the charter to any 

i*-or|3oniti(m now existiniyr, nor alter or amend the s;mio, nor pass any other ^n- 

orsil «)r special law for the Iwneflt of such corponititm, except upon the condi- 

tiou that such corporation shall thereafter hold its charter subject to the pro- 

vi»i«.>iis of this G<mstitution. 

(Seo. 4. Tlie exercise of the right of eminent domain shall never be 
al>riilged or so coustnied as to prevent the Le^slature from taking the x^rop- 
crty nud franchises of mcorporated cxmipanies and subje(*.ting them to public 
use, the same as the property of individuals; and the exercise of the police 
power of the State shall never be abridged or so construed as to permit corpo- 
ratioiiH to conduct their business in such manner as to infringe the eipial 
ri|j:ht« of individuals or the general well-being of the Stat«. 

Hfa\ 5. In all elections for directors or managers of a corporation, each 
member or shareholder may oast the whole number of his votes for one candi: 
diit« nr distribute them upon two or more candidates, as he may prefer. 

Src\ 0. No foreign corporation shall do any business in this State without 
having one or more places of business and an authorized agent or agents in 
the same upon whom process may be serveil. 

2Seo. 7. No corporation shall engage in any business other than that ex- 
pressly authorized in its charter, nor shtill it take or hold any real estate except 
such as may be necessary and proper for its legitimates business. 

Sec. 8. No corporation shall issue stocks or bonds except for money, la- 
^r (lone, or mi»ney or property actuallv received; and all fictitious increase of 
stock or indebteilness shall be void. The stock and indebtedness of corpora- 
tiuns shall not be increased except in pursuance of general law nor withtmt 
the consent of the persons holding the larger amount in value of the stock 
first obtained at a meeting to be held after sixty days' notice given in pursu- 
ance of law. 

Sec. 9. The legislature shall have the power to alter, revise or annul any 
charter of any cor|K)ration now existing and revokable at the taking effect of 
thig constitution, or any that miy l>e created whenever in their opinitm it may 
^, injurious t4) the citizens of the state; in such a manner, however, that no 
injustice shall be drme to the incorporators. No hiw hereafter enacted shall 
create, renew or extend the charter of more than one corporation. 

Sec. 10. No law shall be passed by the legislature granting the right to 
construct and operate a street railroad within miy city, town or incorporated 
Ullage, without requiring the consent of the local authorities having tlie con- 
trol of the street or highway prepensed to be occupie*! by such strei^t railroad. 

Hbc'^ 11. No president, director, officer, agent or employe of any railroad 
company shall be perstmally interested, direi^tly or indirectl » , in the furnishing 
of material or supplies for such company in any contract with such company 
for oonBtniction, or in the business of transportation as a common carrier of 



22 JOUKNAL OF THE (-ONVENTION, 



froifc'ht or pas8i3i){,rer8 over the worka owned, leased, controlled or worked by 
8Uob company. 

HvA\ 12. Every railroad eor{K>rHtion or^auizoil or doiu;^ business in ibis 
state, under the laws (»r authority thereof, shall biivo and maintiun a public 
office or place in this Htato for the transaction of its business, whore transfers 
of its stock shall be made and in which shall be kept for public inspection, 
b(x)ks in which shall l>e recorded the amount of capital stock subscrit^, and 
by whom the names of the owners of its stock and the amount owned by them 
n^spectively; the amount of stock paid in and by whom, the transfers of said 
stock; the amount of its assets and liabilities and the nami^ and place of resi- 
dence of its officers. The directors of every railroad corporation sliidl an- 
nually make a report, under oath, to the auditor of public accounts, or some 
officer or officers to be desif^nated by law, of alJ their acts and doings, which 
report shall include such matters relating to railroads as may be prescribed by 
law, and the Legislature shall pass laws enforcing by suitable |)enaltieB the 
provisions of this section. 

8e(\ 13. The rolling stock and all other movable property belonging to 
any railroad company or corporation in this state, shall be c<msidered personal 
prof>erty, and shall be liable to execution and sale in the same manner as the 
])ersonal pr.iperty of individuals, and the legislature shall pass no laws exempt- 
ing such property from execution and sale. 

Se(J. 14 No railroad corporatiim shall consolidate its stock, property or 
fraucliises with any other railroad corporation owning a parallel or comi>etiug 
line; and in no case shall any consolidation Uike place exc-ept up(m public no- 
tice given at least sixty days to all stockholders, in such mmmer {is may be pro- 
vided by law. Any attempt to evade the provisions of this section, by any rail- 
road corporation, by lease or otherwise, shall work a forfeiture of its charter. 

Se(3, 15. llailways heretofore constnicted or that may hereafter be oon- 
structad in this state are hereby declareil public highways, and all railroad and 
transportation companies are declared to be common carriers and subject to 
Legislative control: and the Legislature shall have power to eract laws regulat- 
ing and controlling the rates of charges for the transportation of passengers 
and freight, as such common carriers from one point to another in this state. 

Sec\ V). Any association or corporation organized for the purpose shall 
have the right to construct and operate a railroad between any points within 
this state, and t>o connect at the state line with the railroads of other states. Every 
railroad company shall have the right with its road to int«rsect,connect with or 
cross any other railroad; and shall receive and transport each others passen- 
gers, tonnage and cars, loaded or empty, without <lelay or discrimination. 

8e(\ 17. The Legislature shall pass laws to correct abusi^ and prevent 
diHCriminaticm and extortion in the rates of freight and passenger ttirifFs on the 
ilifFerent railroads in this state, and enforce such laws by adequate penalties, 
to the ext4)nt, if necessary for that purpose, of forfeiture of their property and 
franchises. 

8e(;. 18. Municipal and oth(»r corporations and individuals invested with 
the privilege of taking private property for public use shall make just com- 
pensation for pn^perty taken, injured or destroy eil by the constructi<m or en- 
largement of their works, highways or improvements, which compensation 
shall be paid or secured before such taking, injury or destruction. The Leg- 
islature is hereby prohibited from depriving any person of an appeal from any 
preliminary assessment of damages against any such corporations or individ- 
uals, made by viewers or otherwise; and the amount of such dtunages in all 
cases or append shall tm the demand of either party, be determined by a jury 
as in other civil cases. 

Sk<\ 1J>. The t-erm "c4>rp()ration8'* as used in this article, shidl be oon- 
stnuMl to include all joint stock companies or associations having any of the 
powers or privileges of coriK)ration8 not possessed by indiWduals or partner- 
ships. 

Which was read the tirst time. 



11 



Saturday, July 13, 18S9. 23 



Mr. Flemingtou intrcxlucecl File No. 5 — 

No persou, association or corporatiou shall laaimfaoturo, or md in the 
amnfaoture for salo, any intoxicating litpiur, and no porson, association or 
(•^•r* rporatiou shall sell or keep for sale as a bovora^ any intoxicating' li(|nor. 

The Lef^islature shall by law prescribe ro*;ulationR for the enforcement of 
t~S 1 « provisions of this section, and pro^'ide suitable and ade4uat<> penalties for 
t X ^ « violation tliereof. 

Which was read the first time. 

Mr. Parsons, of Rolette, iutroduced File No. (5 — 

Seotion 1. The General Assembly shall have no power to change or to 
Icz'Mi^te the scat of government of the State, but sliall, at its first session snbse- 
<l -s.'X. «iit to to the admission of the State, provide by law for snbmittin^^ the 
i\ 'V'x.^stioD of the permanent location of the seat of t;overnment to the (pialified 
eM ^3»ctors of the State at the jjeneral election then next ensninpr. and a majority 
o^ hU the vot«9 upon said ijuestion cast at said elec^tion shall be necessary to 
d^^'CiermiDe the location thereof. Said (reneral assembly sliall also provide that 
case there sliall be no choice of locntiim at said election, the question of 
oioe between the two places for which the liijjhost number of votes shall have 
■to cast shall be submitted in like manner to the qualified electors of the 
*te at the next general election; Vr<tvi(Uul^ That until the seat of fl^ovemment 
sti nil have been permanently located as herein providetl, the temporary hn^a- 
tioii thereof shall be at the city of Bismarck. 

Se(v 2. When the seat of government shall liave been lo(!ate«l as herein prt>- 
vicXed, the location thereof shall not thereafter be changed except by a vote of 
t^^othirds of all the qualified electors of the state voting on that question at a 
ge^iieral election at which the question of location of the seat of govern men t 
8l:i«^l have been submitted by the General Assembly. 

Sec. 3. The General Assembly shall make no appropriation or expend- 
iture for capitol buildings or grounds until the nvwX of g(»vornment shall have 
b«?!^n permanently located as herein provideil. 

^Vhich was read the first time. 

Mr. Rowe introduced File No. 7 — 

No intoxicating liquors shall be man ufactured, lior shall any intoxicating 
U«iiior8 be given away, exchanged or sold ns a bevpratre. Tln» liCgislature shall 
by law prescribe suitable regulations ant I iMMialties \ov tin* iMifonvment of the 
proAisions of this section. 

Which was read the first time. 

Mr. Camp introduced File No. 8 - 

Section 1. The Governor, tiie Attorney-General, and the judges of the 
Hnpreme CJourt. shall constitute a board of pardons, in which shall be vested 
the Bole power to remit fim^ and forfeiture's, grant reprieves, commutations of 
sentence and pardons. The nuH^tings of said board sliall be held at the cap- 
itol, flbjdl be called by the governor, and not less than ten days ])ubli(^ notice 
thereof shall 1k> given. Two-thirds of the members of said board shall l>e a 
qnenim for the transactitm of business. A n^cord of the pnK'ee<lings of said 
Ixmnl shall l>e kept. No fine or forfeiture^ shall Iw reinittiHl. no reprieve, com- 
luntation of sentence or [lardon grant^nl unless two-thirds of all the niemliers 
of said l>oard shall voto for such remission, reprieve, commutation or pardon : 
and the voting shall be by ballot. 

Which was read the first time*. 

Mr. Haugen introduced Fih^ No. (to Im* sid)mit1od as a sepa- 
rate proixwition ) — 

PRoinniTTON. 

No person or corporation shall maniiractnro. or aid in the manufacture for 
Bale, any intoxicating liquor; no person shall sell or keep for sale as a beverage 




24 Journal of the Convention, 



nuy intoxioatingf liqnor. The Legfislainre shall by law prescribe regnlatio'^B 
for the enforcement of the provisions of this section and provide suitable ac^^*^ 
ade(|nate penalties for the violation thereof. 

Which was read the first time. 

Mr. Clark introduced File No. 10 — 

Whersar, The present method of referring^ (inestions in dispute to c^ ^' 
courts for settlement is both ti>dious and expensive; thoreforo l>e it __ 

Resolved^ That this Convention shall make it tlie duty of the General ^^^K 
sembly to estabhsh courts of arbitration whereby differences may be sett^- **^ 
without submittiuMT them to trial by jury, except as a hist resort. 

Which was road the first time. 

Mr. Rolfe introduced File No. 11 — 

Section 1. All taxes to be raised in this st«ite shall be uniform on all 
and personal proi>erty, to be asoertaincHl by such rules of appraisement and 
sessmeut as may be prescnlied by the le^slaturo by general law, and unifc > 
as to the time when tho same shall becdme assessable so that every persori 
oorpciration shall pay a i»x in proportion to the value of his,lier, or its propeT' 
and if tho Legislature shall, in its laws f>ertaining to the assessment of real t^ 
personal property, x)rovide for any deduction to any person or c<>rporatioa 
reason of any bona fide indebtedness of such person or corporation existing 
the time of such assessment, such deduction shall be made from the total 
sessment to such individual or corporation. 

Which was read tho first time. 

Mr. Spalding introduced File No. 12 — 

PREAMBLE. 

We, the representatives of the people of North Dakota, in convention j* 
Bombled at the city of liismarck, on the Fourth day of July, A. 1)., 18S9, pi» 
suant to an act of Coupress entitled ' *An Act to Provide for the Division O 
Dakota into Two Stjites, and to P]uable the People of North Dakota, Soiit^^ 
Dakota, Montana and Wiishiiif^^ni to Form Constitutions and Stato Oovervi 
ments, and to l)e Admitted into the Union on an E(iual Footing with tli 
Ori^nal States, and to Make Donations of Public Lands to Such States,'* wp 
pn)vtMl February 22d, 18S1>, do ordain antl establish this Constitution. 

Which was read the first time. 

Mr. Gray intro<luced File No. 13 — 

MINtmiTY REPHEHRNTATIVES. 

Bbotion 1. The House of Ile])resei)tatives shall cxmsist of thr€H> tinned 
the nnml)er of the members of the Senat<>, and the terra of i»fTice shall bo twr> 
years. Three represt^ntativos shall bo elwied in each senatorial .district at the* 
first general election held afk^r this conHtituti(m takes effect, and every two 
years thereafter. 

Sko. 2. In all elections of representatives aforesaid, each qualified voter 
may C4ist as many votes for one candidate as there are representatives to b€* 
elected, or may distribut'C the same, or e<|ual j)arts thereof, amon^ir the candi' 
dates as he shall see fit, and the candidat.os Inchest in vot^^s shall be declared 
electe(L 

Which waB read tho first time. 

Mr. Pollock introduced File No. 14 (to bo Rubniitt<?d to a sep- 
arate vote with the C-onstitution, a part of which it shall become 
if carriecL ) 





Saturday, July 13, 1889. 25 



No person or corporatiou shall manufactare, or aid in the manufaotore, for 
sale any intoxicating^ liquor; no person shall sell or keep for sale as a bever- 
nge any intoxicatin^sr liquor. The Lef^islatnre shall by law prescribe regnla- 
'tions for the enforcement of the provisions of this section, and proyide 
enitable and adequate penalties for the violation thereof. 

Which was read the first time. 

Mr. Bean introduced File No. 15 — 

OOUirrY SEATS. 

8Ba 1. In counties already organized, where the county seat has not 
l3een located by a majority vote, it shall be the duty of the county board to 
^ibmit the location of the county seat to the electors of said county at the 
first ^neral election held after the admission of the state of North Dakota 
into the Union. The place receiving; a majority of all the votes cast at said 
c»lection shall l)e the county seat of said county. If no place receive a major- 
ity of all the votes cast at said election it shall \ye the duty of the county board 
fto re-submit the location of the county seat to the electors of said county at 
t^e next general election. The electors at said election may vote for one of 
Jbhe two places receiving the highest number of votes at the preceding election. 
The place receiving the majority of all the votes cast for county seat at said 
second election shall 1)e tlie county seat 

Sro. 2. Whenever a majority of idl the legal voters of any organized 
csoiinty shall petition the coimty board to change the location of the county 
0eat which has onc^e l)een located by a majority vote, specifying the place to 
^^rhich it is to be changed, said county board shall submit the same to the peo- 
j|)le of said county at Uio next general elt^ction. If the proposition to chtuige 
4:lie oount^ seat l>e ratified by two-fifths of all the votes cast for county seat at 
0Aid election, then the county sent shall be changed. A proposition to change 
"fclie county seat of any county shall not bo submitted more often than once in 
0ix years. 

Ssa 3. No person shall vote on the location of any county seat who shall 
riot have resided in the coimty six months, and in the precinct ninety days next 
preceding said election. 

Which was read tlie first time. 

Mr. Bartlett, of Griggs, introduced File No. IG — 
The legislative power shall be vested in the Legislature, which shall oon- 
0Sfit of a Senate and House of Representatives, lK>th to be elected by the people. 
'X'he Senate shall be composed of one member from each organized county in 
i^e state. The House of Representatives shall have not less than seventy-five 
nor more than one hundred and fifty mcml>ers, apportioned upon a basis of 
-population as provided by law. 

Which was read the first time. 

Also File No. 17— 

All ballots shall be printed on plain white paper, without any distinguish- 
ing mark or sign, except the name of the party or political organization at the 
top. The name of no person shall be printed, or stamped, upon any ballot, un- 
lesB Buch person l)e the regular nominee of the political party or organization 
luuned on the top of said ballot. Any ballot cast or voteil containing the name 
of any person so wrongfully u{k>ii said ballot, shall be considered as fraudu- 
Imtly voted, and shall not be counted for the person whose name is so in- 
■erted. 

Which was read the first time. 

Mr. Camp introduced File No. 18 — 
No act shall embrace more than one subject, which shall be clearly ex- 
Preewd in its title. 
W^hich was read the first time. 



26 Journal of thb Conybntion, 



Mr. Bartlett of Dickey, introduced File No. 19 — 

The Le^slatnre shall make proyision in oonformity with this oonstitntion 
for ascertalDincr the qnalifioations of those desiring places or employment in 
the public service, but shall not establish any reliflrions or politioal test for 
office or pnblic employment. 

Which was read the first time. 

Mr. Selby introduced tne following resolutions: 

Resoh^ed, Tha^ the compensation of the official stenog^pher of this Con- 
vention for reportinfif the debates and prooeedinffs in full, be, and the same ifi 
hereby, fixed at eight dollars per diem daring ue session thereof. Said of- 
ficial stenographer shall also famish to the (>>nyention, a transcribed, fairly 
written and legible printer's copy of said debates and proceedings, for which 
he shall receive an additional compensation of ten cents per folio; the compen- 
sation hereby provided, inclading the cost of all stationary and other material 
ased by said stenographer in making said stenographic report and transcrib- 
ing the same. And said official stenographer is hereby made responsible for 
the proper execation of said work. 

Resolved, That no petitions, letters, memorials or remonstrances, re- 
sponses from any of the departments or other sonrtses, to resolations of inquiry 
by the Convention, shall be included in said reporting or transcribed printer's 
copy, unless by special order of the Convention; nor shall discussions on ques- 
tions of order or adjournment be included therein. 

Mr. Blewett moved that the resolutions be referred to the C!om- 
mittee on Reporting and Publication. 

Which motion prevailed. 

Mr. Johnson moved that H. B. Sprague, President of the Uni- 
versity of North Dakota, be invited to address the Convention. 

Which motion prevailed, and 

President Sprague addressed the Convention. 

Mr. Camp was excused from attendance until Tuesday, Jnly 16. 

Mr. Selby moved to adjourn. 

Which motion prevailed and 

The Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Monday, July 15, 1889. 27 



BisMABOK, July 15, 1889. 



The Convention assembled at 2 o'clock p. m., pursuant to ad- 
jonrmnent. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, qJl members being present except Messrs. 
Camp, Griggs, Scott and Whipple, who were excused. 

Mr. Parsons, of Morton, moved that that portion of the Journal 
that is printed in the FUes and laid upon the desk of members be 
omitted from reading. 

Which motion prevailed. 

The minutes of the preceding session were read and approved. 

The President called Mr. McHugh to the chair. 

Mr. Parsons of Morton, introduced the following resolution and 
moved its adoption, 

Resolvedf That 100 copies of Oonnoil Bill No. 60, on the Anstralian ballot 
system, a oopy of which is hereto attached, be printed for distribntion to the 
members, and ask for immediate action. 

Which resolution was adopted. 

Mr. Miller moved that all articles on their second reading be 
read b^ titles only. 

Which motion prevailed. 

INTRODUCTION OP ARTICLES. 

Mr. Parsons of Bolette, introduced File No. 20. 

Srction 1. The general assembly at its first session subsequent to the 
year one thoosand, eight hundredand eighty-nine, and every ten ^ears there-, 
after shall apportion the state into senatorial and representative districts 
which shall be independent, one of the other, and formed of contiguous and 
oompaot territory, bounded by county lines. 

Sbc. 2. The ratio of representation shall be found by dividing the popu- 
lation of the state, as ascertained by the federal census, by the number of sena- 
torial districts, for the ratio of representation in the senate, and by the number 
of representative districts for the ratio of representation in the house, of which 
there shall not be less than twenty-five nor more than fifty state senators, and 
not less than seventy-five nor more than 150 members of the house of rep- 
resentatives. 

SBa 3. Every county having a population equal to two-fifths of the ratio 
shall be entitled to one member of the house or of the senate, as the case 
maybe. 



i 



28 Journal of the Convention, 



Sbo. 4. Ck>uDtieB haviD^ a lees population than two-fifths of the ratio^ 
shall be attached to the adjoiuin^ county, and the two or more oouuties ilinGi 
adjoined shall constitute a district. 

Sbg. 5. Until the state is apportioned as herein provided, the senatorial 
and representative districts shall oe formed, and the senators and representa- 
tives sh^ be appotioned as follows: 

SENATOBIAIi DISTBKTTS. 

District No. 1 — Pembina connty, and entitled to two senators. 

District No. 2— Cavalier county, and entitled to one senator. 

District No. 3 — Walsh county, and entitled to two senators. 

District No. 4— Ramsey county, and entitled to one senator. 

District No, 5— Towner and Benson counties, and entitled to one senator. 

District No. 6— Rolette and Pierce counties, and entitled to one senator. 

District No. 7 — Bottineau and Renville (unorf^anized) counties, snd en- 
titled to one senator. 

District No. 8— McHenry, Church and Sheridan (unorpranized) counties, 
and entitled to one senator. 

District No. 9— Ward, Mountraille (unorganized), Flannery (unorgan- 
ized), Buford, Stevens, Garfield and McLean counties, and entitled to one sen- 
ator. 

District No. 10— Stark, Hettin^jfer, Bowman, Billin^^s. Dunn, McKenzie, 
Wallace and Allred counties, and entitled to one senator. 

District No. 11 — Morton, Oliver and Mercer counties, iind entitled to one 
senator. 

District No. 12— Burleisrh county, and entitled to one senator. 

District No. 18- Kidder and Wells counties, and entitled to one senator. 

District No. 14— Eddy and Foster counties, and entitled to one senator. 

District No. 15— Stutsman county, and entitlexl to one senator. 

District No. IG- Nelson county, and entitled to one senator. 

District No. 17— Grand Forks county, and entitled to three senators. 

District No. 18— Griggs county, and entitied to one senator. 

District No. 19 - Steele county, and entitleil to one senator. 

District No. 2() —Traill county, and entitle<l to two senators. 

District No. 21 — Cass county, and entitled to three senators. 

District No. 22— Barnes county, and entitled to one senator. 

District No. 23 —Richland county, and entitled to one senator. 

District No. 24~Rimsom county, and entitled to one senator. 

District No. 25— Sargent county, and entitled to one senator. 

District No. 26 — Dickey comity, and entitled to one senator. 

District No. 27 — LaMoure ('ounty, and entitled to one senator. 

District No. 28— Emmons, Logan and Mcintosh counties, and entitled to 
one senator. 

LECIIHLATIVE DISTRICTS. 

District No. 1 — Pembina county, and entitleil to fire members. 

District No. 2— Cavalier county, and entitled to two members. 

District No. 3- -Walsh county, and entitled to six members. 

District No. 4 — Ramsey county, and entitled to two meml>ers. 

District No. 5— Towner county, and entitled to one member. 

District No. 6 — Rolette Ci)unty, and entitled to one member. 

District No. 7— Bottineau and Renville (unorganized) counties, and entitled 
to one member. 

District No. 8 -Ward, (Mountraille, Flinnery, Buford, unorganized) coon- 
ties, and entitled to one member. 

District No. 9— McHenry county, and entitled to one member. 

District No. 10— Church and Pierce counties, and entitled to one member. 

District No. 11 — McLean, Stevens, Garfield, imorganize<1, counties and en- 
titled to one member. 

District No. 12— Benson coimty, and entitled to one member. 

District No. 13— Wells, Sheridan (unorganized) counties, and entitled to 
one member. 



Monday, July 15, 1889. 29 



DiBtriot No. 14 — Foster ooonty, and entitled to one member. 
Dietriot No. 15— Eddy county, and entitled to one member. 
District No. 16 — Nelson county, and entitled to two members. 
District No. 17 — Grand Forks county, and entitled to seven members. 
District No. 18— Traill county, and entitled to four members. 
District No. 19— Steele county, and entitled to one member. 
District No. 20 — Griggs coimty, and entitled to one member. 
District No. 21 — Cass county, and entitled to eight members. 
District No. 22— Barnes county, and entitled to three members. 
District No. 23— Stutsman coimty, and entitled to three members. 
District No. 24 — Kidder county and entitled to one member. 
District No. 25— Burleigh county, and entitled to two members. 
District No. 26— Morton county, and entitled to two members 
District No. 27 — Stark, Billings, Bowman and Hettinger counties, Mid en- 
t'it'l^dd to one member. 

District No. 28— Mercer, Oliver, Wilhams, Dunn, McKenzie, Wallace and 
xred counties, and entitled to one member. 

District No. 29— Emmons county, and entitled to one member. 
District No. 30 — Mcintosh and Logan counties, and entitled to one mem- 
District No. 31 — LaMoure county, and entitled to one member. 
District No. 32 — Dickey county, and entitled to two members. 
District Nu. 33— Bamson county, and entitled to two members. 
District No. 34— Richland county, and entitled to three members. 
District No. 35 -Sargent county, and entitled to two members. 

AVbicb was read the first time. 

3Mr. Wallace introduced File No. 21. 

No money shall be paid out of the treasury except upon appropriation by 
^^^^^iV' and on warrant drawn by the proper officer, and no bills, claims, accounts 
^^■^ demands against the State shall l)e audited, allowed or paid until a full 
^t^^unized statement thereof in writing shall be iiled with the proper officer or 
^-^tYicers whose duty it may be to audit same. 

AVliich was read the first time. 

Also File No. 2*2— 

The circuit courts shall have original jurisdiction of all actions and causes 
^H^th at law and in equity andsuchappellate jurisdiction as may be conferred by 
^^'W and be consistent with this Constitution. Such jurisdiction as to value 
^x^cl amount and grade of offense may be limited by law but no appeal shall lie 
^t^om any court to such cijcuit courts involving lees than fifty dollars in amount, 
^^cept in cases where the title to real estate or personal liberty shall be in is- 
^Ue. They and the judges thereof shall also have jnrisdiotiun and power to 
^^^ue writs of habeas corpus, mandamus, quo warranto, certiorari, ^injunction 
^ad other original and remedial writs, with authority to hear and determine 
*^iie same. 

Which was read the first time. 

Also File No. 23— 

A motgage, deed of trust, contract or other obligation by which a debt is 
^ecureil shall, for the purposes of assessment and taxation, be deemed and 
treated as an interest in the property affected thereby. 

In case of debt so secured, the value of the property affected by such 
mortgage, deed of trust, contract or obHgation, less the value of such security, 
Bhall be assessed and taxed to the owner of the property, and the value of such 
Becurity shall be assessed and taxed to the owner thereof, in the county, city 
or district in which the property affected thereby is situate. The taxes so lev- 
ied shall be a lien upon the property and security, and may be paid by either 
party to such security; if paid by the owner of such security, the tax so levied 



30 Journal of the Convbntion, 



upon the property affected thereby shall beoome a part of the debt so seonred; 
if the owner of the property shall pay the tax so levied on snoh security, it 
shall constitute a payment thereon, and to the extent of such payment a full 
discharge thereof; provided, that if any such security or indebtecmess shall be 
paid by any such debtor or debtors after assessment and before the tax levy, 
the amoui t of such levy may likewise be retained by such debtor or debtors, 
and shall be computed according to the tax levy for the preceding year. 

Every contract hereafter made by which a debtor is obligated to pay any tax 
or assessment on money loaned or on any mortgage, deed of trust, or other 
lien, shall, as to any interest specified therein, and as to such tax or assess- 
ment, be null and void. 

Which was read the first time. 
Also File No. 24— 

PBOHIBITION. 

No person or corportion shall manufacture, or aid in the manufacture for 
sale, any intoxicating liquor; no person shall sell or keep for sale as a bever- 
age any intoxicating liquor. The Legislature shall by law prescribe regula- 
tions for the enforcement of the provisions of this section and provide suitable 
and adequate penalties for the violation thereof. 

Which was read the first time. 

Mr. Stevens introduced File No. 25 — 

Resolved, That the Ck>n8titution provide that the legislative authority of 
this state shall rest in a single body, to be called the '^Legislative Assemby," 
which shall consist of not less than one hundred members, to be elected by 
the people; provided^ the Legislative Assembly may from time to time increase 
the npmber of members, as necessity may require. 

Which was read the first time. 

Mr. Elliott introduced File No. 26— 

No law shall be passed except by bill, and no act shall contain more than 
one subject which shnll be expressed in the title. But if any subject be em- 
braced in an act which shall not be expressed in its title, such act shall be void 
only, as to so much thereof as shall not be expressed in its title. 

Which was read the first time. 

Also File No. 27— 

Be it ordained by this Constitutional Ck>nvention : That the following prop- 
osition be and the same is hereby submitted to the voters of all of that por- 
tion of Dakota to be known as the State of North Dakota, to be voted upon 
by said electors at the general election, to be held in the several election pre- 
cincts in all of the counties embraced within the boundary of the said State of 
North Dakota, in the month of October, 1889, as provided for by the Springer 
bill and the acts of the Congress of the United States in reference thereto, and 
that if a majority of all of the votes cast at said election, for or against said 
proposition, be in the affirmative, then this proposition shall be and become a 
part and portion of the Coi stitutiou of the State of North Dakota, when 
the Constitution of said State of North Dakota shall have been accepted by 
the President of the United States of North America, and such proposition 
shall become as operative as any other part or portion of the state Constitu- 
tion prepared and submitted by this Constitutional Convention. 

Which proposition shall be in word and form as follows, to-wit. 

The manufacture of any kind of intoxicating liquors or beverages, includ- 
ing beer and ale; or the importation of the same for the purpose of sale, or the 
keeping of the same for sale, or the offering for sale, barter, trade, or to be 



Monday, July 15, 1889. 31 



gri-ven away in any manner, either unadulterated or mixed or unmixed with any 
>tlier materia], shall be forever prohibited within the State of North Dakota, 
»aLC8pt for medioal, scientific and mechanical purposes. Which last exception 
ilullbe rei^lated by stringent state laws, and the first State Legislature (at 
first session) for North Dakota, shall enact such laws as will effectually 
obedience to all of this portion of the State Constitution. 
And any person or persons who may import for sale, or manufacture for 
le, ar keep for sale, or offer for sale or for trade, barter, or ^ve away in any 
or manner, any kind of intoxicatinfir liquors or bevenmres contrary to any 
^-rtion of the State Constitution shall be deemed guilty of felony, and upon 
oxiviotion of such offense shall be punished as in other coses of felony. 

"Which was read the first time. 

Also File No. 28— 

The using of public moneys for profit or fi -r any purpose not authorized 
>3r law, by any member of the legislature, or any state, county or city official 
kacill be a misdemeanor and shall be punished as may be provided by law. 

"Wliich was read the first time. 

Mr. Parsons of Morton, introduced File No. 29 — 

^EcnoN 1. Every male person of the a^ of twenty-one years or upward 
belonging to either of the following classes, who shall have resided in the 
(t^ate one year, in the county six months and in the precinct thirty days next 
>T-e(»ding any election, shall be deemed a qualified elector at such election: 
if9t^ citizens of the Uoited States; 2d, persons of foreign birth who shall have 
ieolared their intentions to become citizens conformably to the naturalization 
ia^WB of the United States; 3d, persons of Indian blood who shall be declared 
^tlzens by the laws of the United States; 4th, civilized persons of Indian 
leeoent, not members of any tribe. 

Which was read the first time. 

Mr. Miller introduced File No. 30. (To be submitted to a sep- 
ir3te vote with the Constitution, a part of which it shall become 
if carried) — 

No person shall manufacture for sale,or sell or keep for sale,as a beverage, 
my intoxicating liquor whatever, including ale, wine and beer. 

The Legislature shall by law prescribe regulations for the enforcement of 
|l^e prohibition herein contained, and shall thereby provide suitable penalties 
-oi" tiie violation of the provisions hereof. 

'Which was read the first time. 

Mr. Harris introduced File No. 31 — 

No person elected to the Legislature, during the time for which he has 
been dected, shall be eligible to any office within this state that is or may be 
be required to be filled by election by the Legislature, or either house thereof, 
required to filled by appointment of the Qovemor, or by 
Appointment of the Governor with the concurrence of the 
Legifllature or either house thereof; or that is or may 

or the Legislature or either house thereof with the approval of the Governor; 

and all such appointments, and all votes given for any such member for any 

Bucih office or appointment shall be void. 

Which was read the first time. 
Also File No. 32— 

REVENUE AND TAXATION. 

SxcTiON 1. The Legislature shall provide for raising revenue sufficient 
to defray the expenses of the state, for each year, and also a sufficient sum to 
pay the interest on the state debt 



32 Journal of the Convention, 



Sbo. 2. No tax shall be levied except in parsiiance of law, and every law 
imposiDg a tax shall state diatinotly the object of the same, to which only i1 
shall be applied. 

Seo. 3. Laws shall be passed, taxinfif by a iiDiform rule, all moneys 
credits, investments in bonds, stocks) joint stock companies or otherwise, ani 
all real and personal property according? to its true value in money, but th< 
property of the United States and of the state, county and municipal corpora 
tions, both real and personal, shall be exempt from taxation, and the Le^^la 
ture shall, by ^neral law, exempt from taxation property used exclusively foi 
schools, relictions, cemetery and charitable purposes, and personal propeiiy U 
any amount not exceeding in value two hundred dollars for each individna 
liable to taxation 

Sbo. 4. No law shall authorize any debt to be contracte<l on behalf of th< 
state, except in the following; cases: To meet casual deficits in the revenue; U 
pay interest on the state debt; to repel invasion; suppress iDSiirrection, or il 
hostilities be threatened, provide for the public defense- 

SjBa 5. The power to tr.x corporations and corporate property shall no' 
be surrendered or suspendeil by any contract or grant to which the state shal 
be a party. 

Which was read the first time. 

Mr. Fay introduced File No. 33— 

The Leinslature shall, in the year 189.5, and every tenth year thereaftei 
cause an enumeration to be made of all the inhabitants of this state; and the; 
shall then proceed to apportion the representation among the different couu 
ties, giving to each county one re])re8entativo at large, and one additional t 
every one thousand voters therein, but no county shall be entitled to raor 
than fonr representatives. Tlie Legislature shall also, after such ennmeratior 
proceed to fix by law the number of senators which ^shall constitute the senat 
of North Dakota, and which shall never be less that one-fourth nor more thai 
one-half the whole number of the Jjegislature. 

Wlien any senatorial district shall l>e composed of two or more counties 
snch district shall be composed of contiguous counties. 

No county shall be divided in forming a district, and all counties shall ne 
main as now organized unless ohange<l in pursuance of law. 

Which was read the first time. 
Also File No. 34 

Section 1. The militia of this state shall consist of all able bo<lied mal 
persons, residents of the state, between the ages of eighteen and forty-fiv 
years, except such persons as now are, or hereafter may l)e, exempted by th 
laws of the United States, or of this state. 

Sbo. 2. All officers of the militia shall be commissioned by the Govemoi 
and may hold their office for such time as the Oeneral Assembly may prr 
vide. 

Src. 3. The General Assembly, in providing for the organization, equip 
ment and discipline of the militia, shall conform as nearly as praticable to th 
regulations of the government of the armies of the United States- 

Sbo. 4. Tlie militia shall in all cases, except treason, felony or breach c 
the peace, be privileged from arrest during their attendani^ at muster an< 
elections, and in going to and returning from the same. 

Sbo 6. The militory records, baimers and relics of the state shall be pre 
served as an enduring memorial of the patriotism and valor of North Dakoti 
and it shall be the duty of the general assembly to provide by law for the saf 
keeping of the same. 

Seo. 6. No person having conscientions scniples against bearing arm 
shall be compelled to do militia duty in time of peace: Provided^ Such pei 
son shall pay an equivalent for such exem])tion. 



Monday, July 15, 1889. 88 



Which was read the first time. 

Also File No. 35— 

Section 1. Every person having resided in this State one year, in the 
<»iuity ninety days, and in the election district thirty days nextpreoeding anv 
election therein, who was an elector on the first day of July, 1889, or who shall 
be a male citizen of the United States above the age of twenty-one years, shall 
be entitled to vote at such election. 

Saa 2. Persons of foreign birth who shall h&ve declared their intention 
'to become citizens conformably to the laws of the United States npon ^e sub- 
ject of naturalization, who shall have resided in the State one year, in the 
^xinnty ninety days, and in the election district thirty days, shall be entitled to 
^^ote at all elections. 

Sua 3. Electors shall, in all cases except treason, felony or breach of the 
;X)eace, be privileged from arrest during their attendance at elections, and in 
^^oing to and returning from the same. 

Sbo. 4. No elector shall be deemed to have lost his residence in this state 
'fcy reason of bis absence on the business of the United States, or of this state, 
«Dr in the military or naval service of the United States. 

Seo. 5. No soldier, seaman, or marine in the army or navy of the United 
JStatee shall be deemed a resident of this state in consequence of being sta- 
'fcioned therein. 

Sbo. 6. No person shall be elected or appointed to any office in this state, 
^sivil or military, who shall not have resided in this state one year next preoed- 
mng the election or appointment. 

Saa 7. No person under guardianship, non compos mentis, or insane, 
^hall be qualified to vote at any election; nor shall any person convicted ci 
f ^ttlony be qualified to vote at any election unless restored to civil rights. 

Sbc 8. All votes shall be by ballot, under such rules and regulations as 
^lie legislature shall prescribe. 

Which was read the first time. 
Also FUe No. 36. 

AMBNDMBNTS TO THB 00N8T1TUT10N. 

Sbotion 1. Any amendment or amendments to this Constitution mav be 
X>Topo8ed in either house of the General Assembly; and if the same shaU be 
^i^srreed to by a majority of the members elected to each of the two houses, 
^rdch proposed amendment shall be entered on the Journal of each house, with 
l^J^e yeas and nays taken thereon, and referred to the legislature to be chosen 
^ft the next general election, and shall be published, as provided by law, for 
'^liree montl^ previous to the time of making such choice, and if in the general 
^Lfioembly so next chosen as aforesaid, such proposed amendment or amend- 
xx^ents shall be agreed to by a majority of all the members elected to each 
boose, then it slull be the duty of the general assembly to submit such pro- 
IK30ed amendment or amendments to the people in such manner and at such 
^ime as the general assembly shall provide: and if the people shall approve 
end ratify such amendment or amendments by a majority of the electors quali- 
fied to vote for members of the general assembly voting thereon, such amend- 
ment or amendments shall become a part of the Oonstitution of this state. 

Sua 2. If two or more amendments shall be substituted at the same time, 
they shall be submitted in such maimer that the electors shall vote for or 
agunst each of such amendments separately. 

Which was read the first time. 
Also File No. 37— 

The (General Assembly shall not pass local or special laws in any of the 
following enumerated cases, that is to say: 
Granting divorces ; 
Ohanging the names of persons or places; 



34 Journal of the Convbntion, 



Laying out, openiug, altering and working roads or highways; vacating 
roads, town plate, streets, alleys and pnblio grounds ; locating or changing 
county seats; regulating county and township affairs; 

Regulating the practice of courts of justice; 

Begiilating the jurisdiction of justices of the peace, public magistrates and 
constables; 

Providing for change of venue in civil and criminal cases ; 

Incorporation of cities, towns or villages, or changing or amending the 
charter of any town, citv or village; 

Providing for the election of members of the board of supervisors in town- 
ships, incorporated towns or cities ; 

Summoning and empanelling grand or petit juries. 

Providing for the management of the public schools ; 

Regulating the rate of interest on money; 

The opening and conducting of any election, or designating the place of 
voting; 

The sale or mortgage of real estate belonging to minors or others under 
disabiUty; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting tines, penalties or forfeitures; 

Changing the law of descent; 

Granting to any corporation, association or individual the right to lay 
down railroad tracks, or amending existing charters for such purpose; 

Granting to any corporation, association or individual any special or ex- 
clusive pri\'itege, immunity, or franchise whatever; 

In all other cases, where a general law can be made applicable, no special 
law shall be enacted. 

Which was read the first time. 

Also File No. 38. 

PREAMBIiB. 

We, the poo pie of North Dakota, in order to establish justice, insure do- 
mestic tranquility, promote the general welfare, and secure the blessings of lib- 
erty to ourselves and our iK)sterity, do ordain and establish this Constitution. 

Which was road the first time. 

Mr. Blewett introduced File No. 39 — 

MIIilTIA. 

8E<rrioN 1. The militia of this state shall consist of all able* bodied male 
citizens l>etween the ages of eighteen and forty-five years, except such persons 
as now are, or hereafter may be, exempted by the laws of the United States or 
of this state. 

He(\ 2. Persons whose rehgious tenets or conscientious scruples forbid 
them to bear arms, shall not be compelled to do so in time of peace, but shsdl 
pay an ei|uivalent for personal services. 

8fx? 3. The Governor shall appoint the Adjutant General and the other 
chief oilicors of the general staff and his own staff, and all officers of the line 
shall be elected by the persons subject to military duty in ilieir respective dis- 
tricts. 

Hvx\ 4. The Majors General, Brigadiers General, Colonels, or command- 
ants of regiments, battalions or squadrons, shall severally appoint their staff 
ollicers, and tiio Governor shall commission all officers of the line and stfdlf 
ranking as such. 

Sec. 5. The Legislative Assembly in providing for the organization, 
equipment and discipline of the militia, shall conform as nearly as practicable 
to th(^ regulations for the government of the armies of tbe United States. 

AVbicli was read the first time. 



Monday, July 15, 1889. 35 



Mr. Uaugen introduced Jb'ile No. 40 — 

Section 1. All taxes to be raised m this State shall be as nearly ot]nal as 
may be, and all property npoD which taxes are to be levied shall have a cash 
valuation and be equalized and uniform througkout the state; 
Provided^ That for the purpose of arriving at the cash value of property 
assessable for taxation, the amonnt of bona fide loans and incumbrances upon 
the property shall be taken and deducted from the gross value of the property, 
and the actual cash value shall be deemed to bo the value, less the amount of 
Buch liens or incumbrances. 

Sbo. 2. That at the time of listing property for taxation, the owner 
thereof shall furnish the assessor, under such rules i\s the Legisiaturo shall 
provide, the amount of incumbrances upon his property, their nutnre, the date 
at which they accrued, the date on which they will mature and the name of the 
owner of the incumbrances, and that said lien or the note, account, bill or de- 
mand which said lien secures shall be assessable in the name of the owner and 
holder of said note, account or lien, and in arriving at the value thereof, the 
amount of said obligation secured shall be taken and deemed as the actual 
Talue of said lien. 

Which was read the first time. 

Mr. Flemington introduced File No. 41 — 

No countv, city or other municipal corporations shidl horeaftt^r become a 
subscriber to the capital stock of any private corporation or asso<*iation or 
malLe any appropriation or donation to the same, or in any way loan its credit. 

Which was read the first time. 

Mr. Moer introduced File No. 42 — 

The (General Assembly is expressly prohibited from authorizing or allow- 
ing debts or liabihties of any kind to be set ofiP against moneys, credits or other 
property which may be subject to taxation. 

Which was read the first time. 

Mr. Bobertson introduced File No. 43. 

Resolved, That the legislature shall have no power to pass laws sul>ordi- 
nating one school district organization to another, nor to group sch(N)l dis- 
tricts by townships, but the legislature shall provide for each and every 
Sublio school established outside of municipal corporations a separate and in- 
ependent organization. 

Which was read the first time. 

Mr. Best introduced File No. 44 — 

Resolved, That property, real and personal, of the state, county and otlier 
municipal corporations and cemeteries shall be exempt from taxation. Lots 
in incorporated cities or towns, or within one mile of the limits of such city or 
town to the extent of one acre, and lots one mile or more distiiut from such 
cities or towns to the extent of five acres, with buildings thereon, may be ex- 
empted from taxation when the same are used exclusively for religious wor- 
ship, for schools, or for purposes purely charitable. 

Which was read the first time. 

Mr. Bichardson introdued File No. 45. 

The Legislature shall provide a law that shall make each person or officer 
of the Legidature or State responsible, or held to show what became of, and 
for the d^verv of any bill or document that may be passed by the Legislature, 
to its proper place and receive the proper signature without unnecessary delay. 

Which was read the first time. 



36 Journal of the Convention, 



Also File No. 46. 

The Legislature shall provide that the assessment of all moneys aeonred 
by note or mortgage be made in proportion to its value the same as real or 
personal property, and that said assessment be taken from the respective 
county records; and that all taxes arising out of said assessments shall become 
a loin against said mortgages until paid. 

Which was read the first time. 
Also File No. 47. 

PUBLIO SOHOOL8. 

BscrnoN 1. The Legislature shall not make any law respecting an estab- 
lishment of religion or prohibiting the free exercise thereof. 

BEa 2. It shflJl be the duty of the Legislature to establish and maintain 
a system of free pubkc schools, adequate for the education of all the children 
in the state, between the ages of six and eighteen years, inclusive, in the com- 
mon branches of knowledge, and in virtue and christian morality. But no 
money raised by taxes impomd bv law, or any money or other property or 
credit belonging to any municipal organization, or to tlie State, shall ever be 
appropriated, applied or given to the use or purposes of any school institution, 
corporation or person whereby instructions or training shall be given in the 
doctrines, tenets, belief, ceremonials, or observances peculiar to an^ sect, de- 
nomination, organization or society, being or claiming to be religious in its 
character, nor iBiall such peculiar doctrines, tenets, belief, ceremonialo or ob- 
servances be taught or inculcated in the free public sohoola 

Which was read the first time. 

Also File No. 48— 

PBEAMBLB. 

We, the people of Ncrth Dakota, acknowledging Almighty Qod as the 
source of all authority, the Lord, (Jesus Christ) as the ruler of nations, and 
His will as the supreme law to which all human law should conform, do ordain 
this Constitution. 

Bbotion 1. The right of all the inhabitants to one day in seven free from 
common labor for the purpose of rest and worship, shall be forever main- 
tained in the laws of this commonwealth. 

Bbotion 2. The Legislature shall regulate marriage and divorce by laws 
not inconsistent with the Christian religion; but divorces shall not be granted 
by the L^^ature. 

Which was read the first time. 

SECOND BEADING OE FILES. 

File No. 1 was read the second time and referred to the CSom- 
mittee on Corporations other than Municipal. 

File No. 2 was read the second time and referred to the Com- 
mittee on Counties. 

File No. 3 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 4 was read the second time and referred to the Com- 
mittee on Corporations other than Municipal. 

File No. 5 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 6 was read the second time and refered to the Com^ 
mittee on public institutions. 



Monday, July 15, 1889. 37 

File No. 7 was read the second time and referred to the Com- 
mitte on Temperance. 

File No. 8 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 9 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 10 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 11 was read the second time and referred to the Com- 
mittee on Taxation. 

File No. 12 was read the second time and referred to the Com- 
mittee on Preamble. 

File No. 13 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

File No. 14 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 15 was read the second time and referred to the Com- 
mittee on Counties. 

File No. 16 was read the second time and referred to the Com- 
mittee on Legislation. 

File No. 17 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

File No. 18 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 19 was read the second time and referred to the Com- 
mittee on Legislation. 

The Convention proceeded to the consideration of the special 
order of the day, being the resolutitm introduced by Mr. Stevens. 
Mr. Stevens withdrew the resolution. 
Mr. Scott was excused for the day. 
Mr. Flemington moved to adjourn. . 
Which motion prevailed, and the Convention adjourned. 

John G. Hamilton, 
Chief Clerk. 



38 Journal of the Convention, 



Tuesday, July 16, 1889. 



The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment'. 

The President presiding. 

Prayer was offered by tlie Chaplain. 

The roll was called, all members being present except Mr. 
Whipple, excused. 

Mr. Miller moved that articles printed as files be omitteil from 
the reading of the Journal. 

Which motion prevailed. 

The Journal of the preceding session was read and approved. 

FIRST READING OF ARTICLES, RESOLUTIONS, ETC. 

Mr. Spalding introduced the following resolution and moved its 
adoption: 

Resolvedy That no proposed articles be received by this Conveuiion unless 
by unanimous consent, after the close of the session of Monday, July 22; Pny- 
vuled, however, that this shall not limit the reports of committees either of 
matter submitted to or originating; with them. 

Which resolution was adopted. 

Mr. AUin introduced File No. 49 — 

Resolvedy That a board of supervisors, consisting of one from each organ- 
ized township, shall be established in each county in North Dakota, with such 
powers as shall be prescribed by law. 

Which was read the first time. 

Mr. Colton introduced File No. 50 — 

REVENUE AND TAXATION. 

Section 1. The Lieutenant-Governor, Secretary of State and State 
Auditor shall constitute a board of assessors, whose duty it shtdl be to assess 
each year each railroad in the State of North JL)akota, including its rond bed, roll- 
ing stock and all buildings used for railroad parposes. They shall divide the 
gross assessment of each railroad company so assessed by the number of miles 
of road owned and operated by said company in this state.and the result shall con- 
stitute the assessment per mile for the road so assessed. Said board shall also 
ascertain the number of miles of railroad owned and operated by each railroad 
company in each and every county in this state, and multiply the assessment 
per mUe for said railroad company by the number of miles of road owped and 
operated by said company in each county of this state. The result shall be the 



Tuesday, July 16, 1889. 89 



amount for which said railroad company shall be assessed in said county, and 
be subject to the same levy as other property in the respective locality where 
it is situated; Provided^ however, that said board of assessors shall in no case 
assess any railroad company less than three thousand dollars ($8,000) nor 
more than seven thousand dollars-($7,000) per mile, and the Legislature shall 
make necessary laws to enforce the provisions of this article. 

Which was read the first time. 

Mr. Camp introduced File No. 51 (to be submitted to a separate 
vote as provided by the schedule and ordinance). 

CiiAUSE 1. No person shall manufacture or aid in the manufacture of an^* 
int^)xicatinf? liquors for sale; no person shall sell or keep for sale any intoxi- 
cating liquors to be used as a beverage. The Legislature shall by law pre- 
Bcribe regulations for the enforcement of the provisions of this section and 
provide suitable and adequate penalties for the violation thereof. 

Clause 2. The manufacture of intoxicating liquors shall not be prohib- 
ited; the sale of intoxicating liquors to be used as a beverage shall not be pro- 
hibited. The sale of intoxicating liquors to be drank on or about the premises 
where sold may be restricted und regulated by law as to the time and place of 
sale and the persons to whom such hquors may be sold No person sb^l be 
required to pay for the privilege of manufacturing or selling intoxicating 
liquors a license fee or fees amounting in the aggregate to more than one 
thousand dollars per annum, for each place of business where such person 
shall manufacture or sell such liquors. 

And in the Ordinance the following provisions relating to the 
foregoing clauses shall be inserted. 

Every voter who desires that the first clause of Article — , relating to the 
prohibition of the sale of intoxicating hquors, shall be a part of this Constitu- 
tion, shall have written or printed upon his ballot the words: "Prohibition. — 
First clause." Every voter who desires that the second clause of said Arti- 
cle — , shall be a part of this Constitution, shall have written or printed on his 
ballot the words: "Prohibition.— Second clause.'* Every voter who desires 
that neither of said clauses of said Article — , shall be a part of this Constitu- 
tion shall have written or printed on his ballot the words: "Prohibition. — 
Neither clause.*' 

If it shall appear according to the returns that a majority of all the votes 
cast on said article so separately submitted are for the said first clause, then 
said first clause shall be and form a part of this Constitution, and be in full 
force and effect as such and shall constitute Article — thereof. If it shall 
appnear according to the returns that a majority of all the votes cast on said 
Article so separately submitted, are for the said second clause, then said sec- 
ond clause shall be and form part of this Constitution, and be in full force and 
effect as such and shall constitute Article — thereof. If it shall appear ac- 
cording to the returns that neither said first nor said second clause has re- 
ceived a majority of all votes cast on said Article — , then neither one of said 
clauses shall form any part of this Constitution. 

Which was read the first time. 

Mr. Bean introduced File No. 52 — 

PROBATE COURTS. 

SEcmoN 1. There shall be established in each organised county of the 
state a probate court, which shall be a court of record, and be hold at such 
times and places as may ]>e prescribed by law. It shall be held by one judge, 
who shall he electe<l by the electors of the county for the term of two years. 
He shall be learned in the law, a qualified elector of the county at the time of 
his election, and shall reside therein during his continuance in office. His 
compensation shall be provided by law. He may appoint his own clerk, where 



40 Journal of the Convention, 



none has been elected, but the Legislature may authorize the election, by the 
electors of any county, of one clerk or re^rister of probate, for such county, 
whose powers and duties shall be prescribed by law. 

Sbo. 2. The probate court shall have jurisdiction over tlie estates of de- 
ceased persons and persons under jjfuardianship. 

Which was read the first time. 

Mr. Linwoll introduced File No. 53 — 

All property, both real and personal, of the wife, owned or claimed by 
marriaf?e, and that acquired afterwards by ^ft, devise or descent, shall be her 
property, and laws shall be passed more clearly defining the rights of the wife 
m relation as well to her separate property as to that held in common with her 
husband. 

Laws shall also be passed proviiling for the registration of the wife's sep- 
arate property. 

Which was read the first time. 

Also File No. 54— 

Justices of the peace shall have jurisdiction in any case in which the mat- 
ter in dispute, is a money demand, or personal property, and the amount of the 
demand does not exceed two hundred dollars ($200), but shall have no jurisdic- 
tion when the boundaries or title to real property shall be called in question. 

Which was read the first time. 

Mr. Gray introduced File No. 55 — 

That none of the lands granted by Congress to the State of North Dakota 
for school purposes, shall ever be sold, granted or in any way disposed of, 
other than leased. Nor shall any moneys a(u;ruiog from said lands be used 
for any purpose other than the support of the public schools of the state. 

Which was read the first time. 

Also File No. 56— 

liUNIOIPAL SUBSCBIFTIONS TO RAIIiROADS OB PRIVATE 0OBPORATION8. 

No county, city, town, township or other municipality, shall ever become 
subscriber to the capital stock of any railroad or private corporation, or make 
donation to or loan its credit in aid of such corporation; Provided, however, 
that the adoption of this article shall not be constnied as afiPecting the right of 
any such municipality to make such subscriptions where the same have been 
authorized under existing laws by a vote of the people of such municipalities 
prior to such adoption. 

Which was read the first time. 

Mr. Stevens introduce<l File No. 57 — 

PBBAMBLB. 

I 

Gk)d in His infinite mercy having prospered us as a territory; and looking 
to Him for a blessing upon our present endeavor to secure and transmit nn- 
impared to succeeding generations the liberty we now enjoy; and that we may 
form a more perfect government, establish justice, insure peace and domesUo 
tranquility, provide for the common defense, and promote general prosperity 
to ourselves and our posterity, do ordain and establish this constitution for the 
State of North Dakota. 

Which was read the first time. 

Mr. Blewitt introduced File No. 58 — 

Should the manufacture and sale of intoxicating liquors ever be prohibited 
by this state, either by constitutional or legislative enactment, then and in such 
case the state shall purchase at their full value all breweries or distilleriee 
closed by the operation of said prohibitory law. 



j 



Tuesday, July 16, 1889. 41 



Which was read the first time. 

Mr. Lowell introduced File No. 59 — 

Section 1. The name of this state shall be called and known as the State 
of **North Dakota." 

Src. 2. The State of North Dakota shall consist of all the territory in- 
cluded within the following bonndaries to- wit: Commencing at a point i^ the 
main channel of the Bed river of the north, where the forty-ninth decree of 
north latitude crosses the same, from thence south up the main channd of the 
same and along the boundary line of the State of Minnesota to a point where 
the eoYonth standard parallel intersects the same; thence west along said 
seventh standard parallel, to a point where it intersects the twenty-seventh 
meridian of longitude west from Washington ; thence north on said meridian 
to a point where it intersects the forty-ninth degree of north latitude; thenoe 
east along said line to place of beginning. 

Which was read the first time. 

Mr. Carothers introduced File No. GO — 

The General Assembly shall have no power to authorize lotteries or gift 
enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery 
<3r gift enterprise tickets in this state. 

Which was read the first time. 

Mr. Robertson introduced File No. 61 — 

Suitable Laws shall be passed by the Legislature for the safe keeping, 

transfer, and disbursement of the state and school funds, and all officers and 

CDther persons charged with the same or any part of the same or the safe keep- 

:i.ng thereof, shall be req^iired to give ample security for all moneys and funds 

^Df any kind received by them; to make forthwith and keep an accurate entry of 

^3ach sum received and of each payment and transfer, and if any of said officers 

«^r other persons shall convert to his own use, in an^ manner or form, or shall 

^oan, with or without interest, or shall deposit in his own name or otherwise 

%han in the name of the State of North Dakota, or shall deposit in banks or 

'^th any person or persons, or exchange for other funds or property any por- 

"tton of the funds of the State, or of the school funds aforesaid, except in the 

'manner prescribed by law, every such act shall be and constitute an embezzle- 

'xnent of so much of the aforesaid State and school funds or either of the same 

ma shall be thus taken, or loaned, or deposited, or exchanged and shall be a 
jfelony, and any failure to pay over, produce or account for the State school 

funds or any part of the same entrusted to such officer or person as hj law re- 

<iuired or demanded, shall be held and be taken to be prima fojcie evidence of 

euch embezzlement. 

Which was read the first time. 

Mr. Miller introduced File No. 62— 

The Legislature shall be empowered to make further extensions of suff- 
rage hereafter at its discretion to all citizens of mature age and sound mind not 
convicted of crime, without regard to sex, but shall not restrict suffrage with- 
out a vote of the people. 

Which was read the first time. 

Mr. Miller moved that during the continuance of the Conven- 
tion that files on their second reading be read by title only. 

Which motion prevailed. 

Mr. Stevens moved that File No. 25 be referred to the Commit- 
tee of the Whole, to be considered July 17. 

Which motion prevailed. 



42 , Journal of the Convention, 



SECOND READING OF FILES. 

File No. 20 was read the second time and referred to the Com- 
mittee on Apportionment. 

File No. 21 was read the second time and referred to the Com- 
mittee on Public Debt 

File No. 22 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 23 was read the second time and referred to the Com- 
mittee on Revenue and Taxation. 

File No. 24 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 25 was read the second time and referred to Commit- 
tee of the Whole. 

File No. 26 was read the second time and referred to the Com- 
mittee on Legislative Department. 

File No. 27 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 28 was read the second time and referred to the Com- 
mittee on Legislative Department. 

File No. 29 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

File No. 30 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 31 was read the second time and referred to the Com- 
mittee on Legislative Department. 

File No. 32 was read the second time and referred to the Com- 
mittee on lie venue and Taxation. 

File No. 33 was read the second time and referred to the Com- 
mittee on Apportionment. 

File No. 34 was read the second time and referred to the Com- 
mittee on Militia. 

File No. 35 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

File No. 3fi was read the second time and referred to the Com- 
mittee on Miscellaneous. 

File No. 37 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 38 was read the second time and referred to the Com- 
mittee on Preamble. 

File No. 39 wrs read the second time and referred to the Com- 
mittee on Militia. 

File No. 40 was read the second time and referred to the Com- 
mittee on Taxation. 



Tuesday, July 16, 1889. 43 



File No. 41 was read the second time aud referred to tlie Com- 
ittee ou Municipal Corporations. 

nie No. 42 was read the second time and referred to the Com- 
ititee on Bevenue and Taxation. 

-File No. 43 was read the second time and referred to the Com- 
it^iiee on Education. 

IF*ile No. 44 was read the second time and referred to the Com- 
Lt^tee on Bevenue and Taxation. 

UF'ile No. 45 was read the second time and referred to the Com- 
L't^'tee on Legislative Department. 

No 46 was read the second time and referred to the Com- 
on Bevenue and Taxation. 

No. 47 was read the second time and referred to the Com- 
on Education. 

-i^^ile No. 48 was read the second time and referred to the Com- 
on Preamble and Legislative Department. 

r. Miller introduced the following resolution and moved its 
^^option: 

Mesolvedj That the yariooB oommittees of the GoDvention be empowered 
^xnploy olerioal assiatanoe when they deem the same neoessary, and that the 
><CiflIatiiTe at its first session make an appropriation to pay said clerks such 

fe] " " ' " ' 



as may be certified to by the Chief Clerk and President of this Convention. 
"Which resolution was adopted. 

REPORTS OF STANDING COMMITTEES. 

The President called Mr. Williams to the chair. 

The Committee on County and Township Organization pre- 
^^rited the following report: 

the Constitutional Convention of North Dakota: 

our Committee on County and Township Organization beg 
^©«. ve to submit the report embodied in the proposed article on 
^^r&nty and township organization hereto attached. 

liated July 16, 1889. A. F. Applfton, 

Chairman. 

OOUNTT AND TOWNSHIP ORGANIZATION. 

Skotion 1. The several ooonties of i&e territory of Dakota lying north of 
"^ ^venth standurd parallel, as they now exist, are hereby declared to be 
oocu^ties of the State of North Dakota. 

Saa 2. The Legislature shall provide by general law for organizing new 
J^P^K^ties, locating the oounty seats thereof temporarily and changing county 
l^^p^ ; but no new county shall be organized nor shall any organized county be so 
i^^^^cedas to inolade an area of less than twenty -four congreBsional townships, 
^^^ oontaining a population of less than 1,000?x>?ta i^fit? inhabitants. And in the 
orgrcuiization of new counties and in changing the lines of organized counties 
the l»iiDdaries of congressional townships and natural boundaries shall be ob- 
served as nearly as may be. 



44 Journal of thb Convention, 



Sbo. 3. All chaufir68 iu county booudariee iu couuties already or^^au- 
ized, before takiog effect shall bo siibmitt^ to the electors of the county 
or counties to be affected thereby, at the next general elec- 
tion thereafter, and be adopted by a majority of the legal 
votes cast in each county at such election; and in case 
any portion of an organized county is so stricken off and added to another, 
the county to which such portion is added shall assume and be holdou for 
such portions, part and proportion of the indebtedness of the county or coun- 
ties from which it was so stricken. 

Saa 4. In counties already organized, where the county seat hna not been 
located by vote of the people, it shall be the duty of the County Board to sub- 
mit the location of the county seat to the electors of said county at the first 
feneral election after the admission of the State of North Dakota into the 
Fnion, and the place receiving a majority of all votes cast at said election 
shall be the county seat of said county. If, at said election, no place receive 
a majority of all the votes cast, it shall be the duty of the County Board of 
said county to re-submit the location of the county seat to the electors of said 
county at the next general election thereaft-er; and the electors at said election 
shall vote for one of the two places receiving the highest number of votes at 
the preceding election. The place receiving the majority of all the votes 
cast for county seat at said second election shall be the county seat of said 
county. 

Sec. 5. Whenever a majority of all the legal voters of any organized 
county shall petition the county board to change the location of the county 
seat which has once been located by a vote of the people specifying the place 
to which it is to be changed, said county board shall submit the question to 
the voters of said county at the next general election, and if the proposition 
to so change the county seat be ratifieil by two-thirds of all the votes cast at 
said election then the county seat shall be so changed, otherwise not. A prop- 
osition to change the location of the county seat of any organized county 
shall not bo submitted oftener than once in six years. 

Sec. 6. The Legislature shall have no power to remove the county seat of 
any organized county. 

Sec. 7. The Legislature shall provide by general law for organizing the 
counties into townships, having due regard for congressional toM'nship lines 
and natural boundaries, and whenever the population is sutHcient and the nat- 
ural boundaries will permit, the civil townships shall be co-extensive with the 
congressional townships. 

Sec. 8. In each organized county at the first general election held after 
the admission of the State of North Dakota into the Union, and every two 
^ears thereafter, there shall be elected a clerk of the court, sheriff, county aud- 
itor, register of deeds, treasurer, state's attorney, surveyor, coroner and super- 
intendent of schools, whose terms of oilice respectively shall be two years, and, 
except the clerk of court, no person shall be eligible for more than four years 
in succession to any of the above named offices. 

Sec. 9. Li each organized civil township there shall be elected, at the 
first general election, for such terms as the Legislature may by law prescribe, 
three township supervisors, one of whom shall be designtited chtdrman, and 
the chairmen of the several boards of townsldp supervisors shall together con- 
stitute the county l)oard of their respective counties. 

Sec. 10. The Legislature shall . provide by general law for such other 
county, township and district officers as may be deemed necessary, and shall 
prescribe the duties and compensation of all county, township and district 
officers. 

SBa 11. All county, township and district officers shall be electors in the 
county, township or district in which they are elected, excei)t as otherwise pro- 
vided in this Constitution. 

The Judiciary Committee siibmitteil the following report: 

Mr. Scott offeree! the following resolution and moved that it be 
referred to the Judiciary Committee: 



Tuesday, July 16, 1889. 45 



jRettolvedf That uo jud^e of any court establiBhed under this Constitution 
sball, after the adoption thereof, be allowed to draw or receive any salary unless 
lie sliall take and subscribe an affidavit before an officer entitled to administer 
oH.tl-&fi, that no cause in his court remains undecided, that hus been submitted 
for 4leci8ion for the period of ninety days. 

T'o ihe GonsUtntionul Convention of North Dakota: Tlio Ju^ 
ilioiary Committee, to whom was referred the above article or 
pr<>|)ositioii, report the same back, with the opinion that it is in- 
advisable to incorporate the same in the Constitution; but the 
matter therein referred to ought to be left to the Legislature to 
adopt such regulations as the necessities of the case may require. 

John E. Caiiland, 
Chairman. 
Y o fhe Constitutional Convention of North Dakota: 

Tlie Judicial Committee to whom was referred File No. 3 
have had the same under consideration and respectfully recom- 
mend that the annexed article be substituted therefor and made a 
part of the proposed Constitution of North Dakota, and that the 
matter of the non-sectarian character of the public schools be left 
to tlie Committee on Education. 

John E. Cabland, 

Chairman. 

COMPACT WITH THE UNITED STATES. 

TThe following article shall be irrevocable withont the consent of the United 

^tAtes and the people of this state. First, that perfect toleration of religious 

sentiment shall be secured, and that no inhabitant of this state shall ever be 

uaolested in person or property on account of his or her mode of religious wor- 

sliip ; second, that the people inhabiting this state do agree and declare that 

tliey forever disclaim all right and title to the unappr^^priated public lands ly- 

1^1? within the boundaries tliereof and to all lands lying within said limits 

^^vuetl or held by any Indian or Indian tribes, and that until the title thereto 

sball have been extinguished by the United States the same shall be and re- 

^Ain subject to the disposition of the United States, and that said Indian 

Iaq^s shall remain under the absolute jurisdiction and control of the Congress 

^^f the United States; that the lands belonging t-o citizens of the United States 

''^Biflinpr without this state shall never be taxed at a higher rate than the lands 

>>eloi]ging to residents of this state, that no t^ixee shall be imposed by this state 

^^ lands or property therein belonging to,or which may hereafter be purchased 

"y the United States or reserved for its use. But nothing in this article shall 

P^^lude this state from taxing as other lauds are taxed any lands owueil or 

41? by any Indian who has severed his tribal relations, and has obtained from 

the United States or from any person a title thereto by patent or other grant, 

^^o and except such lands as have been or may be granted to any Indian or 

Ij^dians under any acts of Congress containing a provision exempting the lands 

^^B granted from taxation, which said hust mentioned lands shall bo exempt 

*^m taxation, so long, and to such extent tis is, or may be provided in the act 

^f Congress granting the same; that the State of North Daicota hereby sissumes 

**^d agrees to pay, of the indebtedness of the Territory of Dakota, the sum 

^©Utioned in Article of this constitution . 

^^ the Constitutional Convention of North Dakota: 

The Committee on the Judicial Department to whom was re- 
^f^ed File No. 18, hereto annexed, repectfully report the same 
hack with the recommendation that the matter therein should con- 



46 Journal of the Convjbntion, 



stitute a sectiou under the head of the Legislative Dopartiuent of 
the ConBtitution. 

John R Garland, 

Chainiiau. 

Mr. Camp moved that File No. 18 be referred to the Legislative 
Committee. 
Which motion prevailed- 

To the Constitutional Convention of North Dakota: 

The Judiciary Committee to whom was referred File No. 10, 
hereto annexed, respectfully report the same back with the in- 
formation that the Committee on the Judicial Department will 
report an article or section covering the matters therein referred 
to. 

John E. Cabland, 

Chairman. 
To the Constitutional Convention of North Dakota: 

The Judiciary Committee to whom was referred File No. 8, re- 
port the same back with the recommendation that the same be 
referred to the Committee on Executive Department. 

John E. Cakland, 

Chairman. 
Mr. Camp moved that the report bo adopted. 
Which motion prevailed. 

Mb. Pbbsident: 

Your committee to whom the annexed resolution pertainin^r to the 
compensation of the stenographer of this Convention was referred, re- 
spectfully report: 

Your oonunittee recommend that said resolution be amended to read **ten 
doUars per diem" and **fifteen cents per folio for transoribinsf," and that as so 
amended the said resolution be adopted. 

J. F. Selby, 
Chairman. 
Mr. Blewett moved that the report be adopted. 
Which motion prevailed. 
Mr. Miller moved to adjourn. 

Which motion was lost. 

Mr. Parsons, of Morton, moved that all matter submitted to 
the Convention under the second head of the order of business, 
which matter is printed in the files and upon the desk of esLch 
member, be printed in the minutes by name or number of the 
fih^ only 

Mr. Wallace moved to lay the motion on the table. 

Mr. Clapp moved to reconsider the vote by which the report 
of the Committee on Printing was adoptecL 

Mr. Parsons, of Morton, withdrew his motion. 

Mr. Well wood moved that the vote by which the report of the 
Committee on Reporting and Publication was adopted be re- 
consideied. 



Wednesday, July 17, 1889. 47 



Which motion prevailed. 

Mr. Stevens moved that the report be referred to the Committee 
of the Whole. 

Which motion prevailed. 

Mr. Noble moved to adjourn. 

Which motion prevailed, and the Convention adjourned. 

J. G. Hamilton, 
Chief Clerk. 



Wednesday, July 17, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Mr. 
Whipple, excused. 

The Journal of the preceding session was read and approved. 

FIRST READING OF ARTICLES, RESOLUTIONS, ETC. 

Mr. Appleton introduced File No. 65 — 

Sectton 1. The Legislative power shall be vested in a Le^slatare, which 
shall ooDsist of a Senate and House of Representatives. 

Sbo. 2. The numl>er of members of the House of Representatives shall 
not be less than sixty nor more than one hundred and twenty. The number 
of members of the Senate shall not be less than thirty nor moru than sixty. 

Sbo. 3. The t«rms of the ofRoe of the members of the Legislatare shall be 
two years. They shall receive for their services the sum of four hundred dol- 
lars, and ten cents for every mile of necessary travel in goincr to and returning 
from the place of meeting of the Legislatiu*e on the most usual route. 

Which was read the first time. 

Also File No. 66. * 

liBOISLATrVB APPORTXONMEMT. 

Sbotion 1. Until otherwise provided by law the House of Representatives 
shall consist of sixcy-two members, and the Senate shall consist of thirty-one 
members. 

Ssa 2. The basis of representation shall be one Representative for each 
seven hundred voters, and one Senator for each one thousand four hundred 
voters. Said vote to be ascertained from the vote cast for delegates to Gon- 
in^ess at the last general election. 

Which was read the first time. 

Mr. Miller introduced File No. 67— 

No municipal corporation shall ever become indebted in any manner or for 
any purpose in any amount, in the aggregate, including existing indebtedness, 
exceeding — percentnm, upon the valae of the taxable property within such 
corporation, to be ascertained from the last assessment for state and county 
taxes previous to the incurring of such indebtedness, and all bonds or obliga- 



48 Journal of the Convention, 



tions in excess of such amount, except as hereinafter^ provided, ^ven by such 
corporation, shall be void, jrromdvd, however, that any incorporated city may 
became indebted in an amount not exceeding four per centum on the value of 
such t-axable pro[)erty without regard to the existing iudobteilness of such city, 
for the purpose of constructing]: or purchasing? water wr)rks for fumishinf? a 
supply of water to the citizens of such city, and for no other purpose what- 
ever. 

Which was read tho first time. 

Mr. intro<luced File No. 08- 

RKVENUE AND TAXATION. 

SivmoN 1. The Secretary of SUite, State Auditor and Attorney General 
shall constitute a board of assessors, whose duty it shall be to assess, eacli 
year, all native coal and bullion mined in this st«ito, including all machinery, 
fixtures and iustrumeni« used in mining the same. 

Sr(\ 2. Said hoard shall ascertain in such manner as prcscril>ed liy law, 
the numl>er of tons of coal or bullitm taken from any mine during? tlie year for 
which such assessment is made, and ascertain the value thereof, nnd return 
such assessment in such manner as shall be prescril>ed by law. 

Se<\ 3. The result shall be the amount for which the owner of said mine 
shall l>e assessed in the county in which the same is situated, and tlie result 
shall be subject to the same levy Jis other property in the respective locality 
where it is situated; pr<wkieiU however, that said 1x)ard of assessors shall in 
no case tissess any native coal for less than one dollar nor more than four dol- 
lars per ton, and the Le^slatiire shall make necessary laws to enforce the pro- 
visions of this article. 

Which was read the first tini(\ 
Mr. Recife introduced File No. 09 - 

No person shall be held to answer for a criminal oifense without duo pro- 
cess of law; but any person may l>e held to answer for a criminal offense upon 
information of the public pn>se<'utor. 

Which was read the first time. 
Also File No. 70— 

The Le^slature shall provide for the publication of all j;reneral laws with- 
in thirty days aft^r the final mljourument of each session thereof in all news- 
papers of general circulatirin printed and published in the State. 

Which was read the first time. 
Also File No. 71— 

Every homestead consisting of not more than Wi) acres of land outside 
the limits of any incorporated city or village, and the dwelhni; and buildinKB 
used therewith, or in lieu thereof, any lot in any city, town or villawre, with the 
dwelling and buildings used thereon, owne^l and occupied as a home by any 
resident of this state, and not exceedinjj in value in either case the sum of 
two thousand five hundred dolhire, shall be exempteil from sale under exe- 
cution or other final process obtaineil on any debt. But no property of any 
individual shall be exempt from sale for t^xes or for payment of any oblif^rn- 
tion contracte<l for the purchase of said premises. 

The Lejnslature shall jirovide for the exemption fr(»n sale under execution 
or other final proct^Hs for debt of a reasonable amount of perscmal property tt) 
each resident of this stnte, but such exemption shall not cover property in ex- 
cess of the value of fifteen hundred dollars nor less than five hiindretl dollars. 

Which was r(»ad the first tiin(\ 

Mr. Parsons, of Morton, introduced File No. 72 — 

The labor of children under fifteen years of a^ shnll l)e prohibited in 
mines, factories and work shojis in this stat^^ 




Wednesday, July 17, 1889. 49 

Which was read the first time. 
Also File No. 73. 

There shall be a bureau of labor statistics and a oommissiouer of the same, 
to be appointed by the (Governor, at a salary to be determined by the Legis- 
lature, whose duty it shall be to oo-operate with the bureau of labor at our 
national capital, and to keep the proper records and statistics to the end that 
the public may arrive at a correct knowledjire of the educational, moral and 
financial condition of the laboring masses. 

Which was read the first time. 

Mr. Clapp introduced File No. 74 — 

PREAMBLE. 

We, the people of North Dakota, acknowledging the supreme and perfect 
Jaw of Almighty God, in order to maintain and perpetuate the peace, prosper- 
ity and happiness of our citizens, do ordain and establish this Constitution. 

Which was read the first time. 

Mr. Pollock introduced File No. 75— 

All officers, civil and military, now holding office by election or appoint- 
ment in this Territory, under the authority of the United States or of this Ter- 
ritory, shall continue to hold and exercise their respective offices and appoint- 
ments until superceded under this Constitution. 

Which was read the first time. 

Mr. Bennett introduced File No. 76 — 

Qualified electors in the State of North Dakota shall be eligible to hold 
any municipal, county or state office.* 

Which was read the first time. 

Mr. Lowell introduced File No. 77 — 

PUBLIC DEBTS. 

Section 1. The state may, to meet casual deficits or failures in the rev- 
^nnes, contract debts, but such debts shall never, in the aggregate, exceed the 
QUID of five hundred thousand dollars, except for the purpose of defraying ex- 
'traordinary expenses. Every such debt shall be authorized by law for certain 
purpoeee to be definitely mentioned therein; and every such law shall provide 
^or levying an annual tax sufficient to pay the interest semi-annuallv, and the 
principal within thirty years from the passage of such law, and shall specially 
appropriate the proceeos of said tax to the payment of said principal and inter- 
est, and such appropriation shall not be repealed, nor the tax discontinued 
until such debt, both principal and interest, shall have been wholly paid. 
Svery contract of indebtedness entered into or assumed by the state, when all 
its debts and liabilities shall equal the sum before mentioned, shall be null 
and void except in cases where money shall have been borrowed to repel in- 
▼asion, suppress insurrection, defend the state in time of war or to provide for 
pnblio denfense in case of threatened hostihties. 

Sisa 2. No city, county, town or other subdivision of the state, shall ever 
make donations to any railroad or other work of internal improvement, unless 
a proposition so to do shall first have been submitted to the qualified electors 
thereof at at an election holden by authority of law. Provided^ that such do- 
nations in the aggregate shall not exceed six per cent, of the assessed valuation 
of the county or other subdivision so affected. Provided further, that any 
city may by a two-thirds vote, increase such indebtedness five per cent, in ad- 
dition to such six per cent. And no bonds or evidences of indebtedness so 
issued shall be valid unless the same shall have endorsed thereon a certificate 



50 Journal of the Convention, 



siprutHl by the Secretary and Auditor of State showioff that the same is iflsaed -^ 
piirfluaiit ti) law. 

Sfu\ 3. The croilit of the 8tat« shall novev 1)e gfiven to any iDdividaal, « -« 
aBBoination or corporation. 

Wliioli was reftd tlio first time. 
Also Filo No. 78.- 

MUNKlIPAIi CORPORATIONS. 

Srctton. 1. The Le^slature shall provide by general law for the orflfan- — 
ization or iniinicipul c^)rporatioD8, restrictiiifir the power of such corporatioDS to «= 
lovyiii^^ taxes and assessments, lK)rrowintr money and contraotinfj^ debts, so as ff^ 
to [irevent the abuse of sncli power. 

Sfx!. 2. Except as otherwise provided in this Constitution, no tax or as- — 
sessmeiit whall be le\ied or collected or debts contnicted by municipal oorpor- — 
ations, except in pursuance of law for public purposes, specified by law; nor "^ 
shall money raised by taxation, loan or assessment, for one purpose, ever be ^ 
<liverte<l to any other exce))t by authority of law. 

Siac\ 8. No city, county, town, precinct or other subdivision of this state < 

shall ever beoiimo the subscriber to the capital stcnrk, or owner of such stock, « 

or any iK3rtion or int<^rest therein, of any railrord or private corporation or as- 
sociation. 

Sr(\ 4. No street railway, t'Clegraph or telephone shall be constructed ^ 

within the limits of any villafi^e, town or city witlumt the consent of the \ocsl 
autluirities. 

Which was n^ad tlic fii*st time. 

Mr. Mathews introduced File No. 79 — 

SEAT OF GOVERNMENT. 

SE(rrTON 1. The temporary seat of f;>rovemment for the state of North Da- 
kota shall b<^ at the city of Jiismarck. 

Sec. 2. Tlie Lefinslature at its first session after the admission of this 
state into the Union, shall provide for the submission of the question of a 
place for a permanent scmt of government to the qualified voters of the state at 
the next f:(oueral oh^tion thereafter. The place receiviufir a majority of all the 
votes ciist upon said (juestiou at said election shall be the perman^it seat of 
government. 

Sec. :^. Should no place vote<l for at said election receive a msJority of 
all the votes c^ist upon sidd question, the Ck>vemor shall issue a proohunation 
for an election to l)e held in the same manner at the next (general election, to 
ch(H)se l>otween the two places having the lii^hest number of votes at the first 
election of this question. The place receiving a majority of all the votes cast 
upon this question of said second election shall be ttie permanent seat of gOY- 
ernment. 

Which was read tlio first time. 

Mr. Parsons, of Rolette?, introduced File No. 80 — 

The Jjegislature shall provide by law for the publication of all laws passed 
by the (General Assembly, in newspapers of general circulation, pablished in 
the several counties within the state. 

Whicli was read the first time. 

Mr. Williams moved that the further reading of Articles at 
length be disix>nsed with, and that they be read by title only. 
Which motion prevailed. 

Mr. Glick introduced File No. 81 — 

Srction 1. No license for the SJile of intoxicatiuff liquors shall be granted 
to any i>erson applying for the same under the provisions of the charter of 



Wednesday, July 17, 1889. 51 



any dty of this state which city contains a population of five thousand (5,000) 
people or more, by the municipal authorities of said city, except upon the con- 
dition that said applicant shall, before the issuance of said license, pay into 
the treasury- of said city in the manner provided by its charter, a license fee of 
one thousand ($1,000) dollars, or such fee in excess of said sum as the city 
council of said city shall, in the manner provided in its charter, fix and pre- 
scribe ; anything in the charter of any city to the contrary notwithstandinn;. 

Seo. 2. No license for the sale of intoxioatinj? liquors shall be grranted to 
any person applying for the same under the provisions of the charter of any city 
of this state, wluoh city contains a population of less than five thousand (5,000) 
people, by the municipal authorities of said city, except upon the condition 
that said applicant shall, before the issuance of said license, pay into the treas- 
ury of said city, in the manner provided by its charter, a hceuse fee of five 
hundred (500) dollars, or such fee in excess of said sum as the city council of 
■aid city shall, in the manner provided by its charter, fix and prescribe; any- 
thing in the charter of any city to the contrary notwithstanding; Provided^ 
That no license shall be granted for a longer period than one (1) year, or for a 
period beyond twenty (20) days after the annual election in such village or city 
■ext ensuing after the date of such license. 

Which was read the first time. 

Mr. Haugen introduced File No. 82— 

MUtnCIPAL COBPOBATIONS. 

The Legislature shall provide for the organization of cities and incorpo- 
rated villages by general laws, and restrict their power of taxation, assessment, 
borrowing money, contracting debts and loaning their credits, so as to prevent 
the abuse of such power. 

Which was read the first time, 

Mr. Johnson introduced File No. 83 — 

If a general banking law be enacted, it shall provide for the registry and 
countersigning, by an officer of the state, of all notes or bills designed for cir- 
culation, and that ample security to the full amount thereof shall be de]x>sited 
with the State Treasurer for the redemption of such notes or bills. 

Which was read the first time. 

SECOND BEADING OE FILES. 

File No. 49 was read the second time and referred to the Com- 
mittee on County and Township Organization. 

File No. 50 was read the second time and referred to the Com- 
mittee on Bevenue and Taxation. 

File No. 51 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 52 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 53 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 54 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 55 was read the second time and referred to the Com- 
mittee on Public Lands. 

File No. 56 was read the second time and referred to the Com- 
mittee on Corporations other than Municipal. 



52 Journal of the Convention, 



File No. 57 was read the second time and referred to the Com- 
mittee on Preamble. 

File No. 58 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 59 was read the second time and refered to the Com- 
mittee on Miscellaneous. 

File No. 60 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 61 was read the second time and referred to the Com- 
mittee on Public Lands. 

File No. 62 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

Mr. Camp introduced the following resolution and moved 
its adoption: 

Resolved, That this Convention invite Hon. Thomas M. Oooley to address 
the Ck)nvention at some time to be designated by him, and this day if con- 
venient, and that the President cause this invitation to be conveyed to Ju^ffe 
Ckx)ley at once. 

Which resolution was adopted. 

The President appointed Messrs. Camp, Lauder and Stevens as 
a committee to extend the invitation to Judge Cooley. 

Mr. Camp moved that the Convention take an informal recess 
subject to the call of the President, for the purpose of giving the 
delegates an opportunity to meet Judge Thomas M. Cooley. 

Which motion prevailed. 

Mr. Camp moved that the rules be suspended and that the Con- 
vention listen to an address by Judge Cooley. 
Which motion prevailed. 

Judge Cooley addressed the Convention. 

Mr. Carland moved that the Convention do now resolve itself 
into a Committee of the Whole to consider the reports of the 
strnding committees. 

Which motion prevailed, and 

The President Cfdled Mr. Carland to the chair. 

When the Committee rose the following report was presented. 

Mb. Prkbidsnt: 

Your Gommittee of the Whole have had under consideration File No. 64, 
compact with the United States, and recommend that the report of the Ju- 
diciary Gommittee be adopted, and that the article proposed by the Gommittee 
be adopted as an article of the Gonstitation. 

Also File No. 63, and recommend that it be made a special order for 
July 18th. 

Also the report of the Gommittee on Reporting and Publication in refer* 
ence to the compensation to be paid the stenographer, and recommend that the 
report of the committee be amended by providing that the compensation of the 



r 
i 



Wednesday, July 17, 1889. 53 



steno^Bn^pher be fixed at ten dollars per diem and ten oents a folio for tran- 
soribinff. 

Also the resolution introduced by Mr. Stevens vesting legislative author- 
ity in one house, and recommend that it be made a specie^ order for Monday 
next. John E. GAitLAND, 

Chairman. 

Mr. Fleraington moved that the report be adopted. 

Which motion prevailed. 

Mr. Selby introduced the following resolution: 

Resolved^ That five hundred copies of the transcribed stenographic report 
of the debates and proceedings of this convention be printed and published in 
bound volume form for distribution among the members, and exchange with 
other state and territorial libraries, and that the Legislature of the state at its 
first session make an appropriation for the payment of such printing and pub- 
lication, as certified to by the proper committee, unless such expense is paid 
out of the Congressional appropriation to defray the expenses of this Oonven- 
tion. 

And moved that it be referred to the Committee of the Whole. 
Which motion prevailed. 

The President designated Mr. Johnson, of Nelson, to act as 
President pro tempore during his absence. 
Mr. Stevens moved to adjourn. 
Which motion prevailed, and the Convention adjourned. 

John G. Hamilton, 
Chief Clerk. 



54 Journal of the Convention, 



Thuusday, July 18, 1889. 

The Conventiou assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President jtro tempore presiding. 

The Chaplain being absent, prayer was offered by Rev. Ezra 
Turner. 

The Journal of the preceding session was read and corrected 
by striking out the word "printing" in the last line on 
page G, and inserting in lieu thereof the word "providing," and 
the word "translating" on page 7, first line, and in lieu thereof the 
word "transcribing," and with these corrections the Journal was 
approved. 

Mr. Spalding moved that the members of the Commission from 
North Dakota be given permission to sit during the sessions of 
the Convention. 

Which motion prevailed. 

Mr. Camp introduced the following resolution and moved its 
adoption. 

When the Committee of the Whole shall have recommended that any 
proposition or article be made a part of the Constitution, sach proposition or 
article shall be referred to the Committee on Kevisian and Ailjostment, whose 
duty it shall be to arrant in order and revise all such propositions so that no 
part of the Constitution shall conflict with any other, and to report a Consti- 
tution embracing all pro^iositions and articles so referred, as so provided and 
adjusted, for final adoption as a whole by this Convention. 

The resolution was atlopted. 

Mr. Stevens moved to amend the resolution of Mr. Camp to 
read: 

licsolvf'dy That each proposed article of the Constitution considereil for 
the first time in the Committee of the Whole shall, if adopted, be considered 
as ad()[)teil only for the purpose of referrin^j: the same to the Committee on Re- 
vision and Adjustment, and that final action on such article be only taken 
upon the report of the last named committee- 

Which amendment was lost and the original resolution was 
adopted. 

FIllST READING OF ARTICLES, RESOLUTIONS, ETC. 

Mr. Bartlett, of Griggs, introduced File No. 84 — 

Laws shall be passed taxing; by uniform rule, all moneys, credits, invest- 
ments in bonils, stocks, joint stock companies, or otherwise, and all real and 



Thursday, July 18, 18S9. 55 



poT^K)Dal property, aocordiDfs: to its tme valne in money, but iinprove- 

zn^Ksts and onltivation of thes oil ehall not be consideroil in arriving at tho cash 

vnliie of lands, bnt all lands of the same qnality and kind shall bear e<|nal ttix- 

Ation, provided^ That nothing herein shall exempt from taxation any building 

or Imke improyements. And provided further. That this secticm shall not a[)- 

to land lying within the limits of any incorporated city, village or town. 

"Which was read the first time, 
[r. Scott introduced File No. 85 — 



In actinia on Executive nominations the Senate shall sit with open d(H)rs, 
in confirming or rejecting the nominations of the Governor, tho vote shall 
'ti^Een by yeas and nays, and shall be entered on the Journal. 

^"^hich was read the first time. 
^Dklr. Lin well introduced File No. 86 — 

EXEMPTIONS. 

Section 1. The right of tte debtor to enjoy the comforts and necv^ssaries 
of Xife shall be recognized by wholesome laws, exempting from forowl sale a 
bo-Kx&estead, the valne of which shall be limited and definod by law, to all hemls 
of ITamilies, and a reasonable amount of personal property; the kind and value 
aU All be fixed by law. 

Sec 2. The homestead of a family, after the detith of the owner thereof, 
aliAll be exempt from the payment of his debt ccmtractod after the adoption of 
tliis Conetitat^on in all cases during the minority of his children. 

Sbc. 3. If the owner of a homestead die, leaving a widow but no chil- 

L, the same shall be exempt, and the rents and the profits ^hereof shall 

ne to her benefit during the time of her widowhood. 

Sec. 4. Exemption shall not extend to any mortgage upon tho home- 

" lawfully obtained; but such mortgage or other alienation of the home- 
by tho owner thereof, if a married man, shall not be valid without tlie 
^"ifirnatore of the wife to the same. 

AVhich was read the first time. 

Sdr. McKenzie introduced File No. 81 — 

The grand jury may consist of any number of meml)ers, not loss than five 
J|or more than fifteen, as the General Assembly may provide by law; or tho 
general Assembly may provide for holding persons to answer for any crim- 
inal offense without the intervention of a grand jury. 

Which was read the first time. 
Mr. Fay introduced File No. 88— 

!Ko act of the (General Assembly shall take effect until the first day of July 
^X'fc, after its passage, unless, in case of emergency, (which emorgem^y shall 
J® expressed in the preamble or body of the act) the General Assembly sliall 
»7 3. vote of two-thinis of all the members elected to each House otherwise 

^Vhich was read the first time. 

iVtr. Parsons, of Morton, introduced File No. 89 — 

Svery citizen of this state shall be free to obtain employment, wherever 
P^^^^rible, and any person, corporation or agent thereof keeping a black list, in- 
^J^^ring * or hindering in any way a citizen from obtaining or enjoying em- 
P»^>Tnent already obtained, from the same or another cor[)oration or ])erpoii, 
**]^^ll be deemed guilty of conspiracy against the welfare of the state, which 
o(f&n«e shall be deemed a felony. 

^Vhich was read the first time. 

Itf r. Douglass introduced File No. 90 — 

Any combination between individuals, corporations, associations, or either, 
having for its object or effect the controlling of the price of any product of 



56 Journal of the Convention, 



the soil or article of manufaoture or commerce, or the cost of exchange ia pro- 
hibited and hereby declared unlawful and a^inst public policy; and that any 
and all franchises heretofore g^ranted or extended, or that may hereafter be 
granted or extended in this state, whenever the owner or owners thereof vio- 
late this article, shall be annulled and declared void and their property within 
the state escheated. 

Which was read the first time. 

Mr. Parsons, of Morton, introduced File No. 91 — 

Section 1. Whenever a difference shall arise between any corporation 
other than municipal and its employes or an industrial society incorporated 
under the laws of this state, any of whose members are employes of such cor- 
poration, if the disagreement cannot be adjusted by conference, either party 
may serve notice of arbitration upon the other, and each shall choose one per- 
son as arbitrators, the two to choose a third. The three shall constitute a board 
of arbitration, and shall forthwith proceed to hear and determine said differ- 
ence or cause of ^evanoe. The decision of said board of arbitration shall be 
binding upon both parties and be in force from the time of the decision. 

Sec. 2. Appeal may be had to the Supreme Court from the decision of the 
arbitrators, but said decision shall be earned out pending the decision of ^he 
Supreme Court 

Which was read the first time. 

Mr. Blewett introduced File No. 92— 

OATH OP OPPIOB. 

Section 1. Members of the Legislature and all officers, executive and 
judicial, except such inferior officers as may be by law exempted shall, before 
they enter on the duties of their respective offices, take and subscribe the fol* 
lowing oath or affirmation: 

**I do solemnly swear (or affirm, as the case may be) that I will support 
the Constitution of the United States and the Constitution of the State of 
North Dakota; and that I will faithfully discharge the duties of the office of 
according to the best of my ability." 

And no other oath, declaration, or test shall be required as a qualification 
for any office or public trust 

Which was read the first time. 

Mr. Hegge introduced File No. 93 — 

In case prohibition of the manufacture and sale of intoxicating liquor is 
not adopted and incorporated in the Constitution, then the Legislature shall 
provide a system of licensing the manufacture and sale of such liquors, fixin^r 
the license fee or fees for such liquor at a minimum of not less than one thou- 
sand dollars per annum. 

Which was read the first time. 

SECOND REA.DING OF ARTICLES. 

File No. 65 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 66 was read the second time and referred to the Com- 
mittee on Apportionment md Representation. 

File No. 67 was read the second time and referred to the Com- 
mittee on Municipal Corporation. 

File No. 68 was read the second time and referred to the Com- 
mittee on Revenue and Taxation. 



Thursday, July 18, 1889. 57 

Pile No. 69 was read the second time and referred to the Com- 
mittee on Preamble and Bill of Bights. 

File No. 70 was read the second time and referred to the Com- 
mitt^ on Legislative Department 

File No. 71 was read the second time and referred to the Com- 
mittee on Miscellaneous. 

File No. 72 was read the second tim^ and referred to the Com- 
mittee on Execntive Department. 

File No. 73 was read the second time and referred to the Com- 
mittee on Executive Department. 

File No. 74 was read the second time and referred to the Com- 
mittee on Preamble. 

File No. 75 was read the second time and referre<l to the Com- 
mittee on Schedule. 

File No. 76 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

File No. 77 was read the second time and referred to the Com- 
mittee on Public Debt. 

File No. 78 was read the second time and referred to the Com- 
mittee on Municipal Corporations. 

File No. 79 was read the second time and referred to the Com- 
mittee on Public Institutions. 

File Na 80 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 81 was read the second time and referred to the Com- 
mittee on Temperance. 

File No. 82 was read the second time and referred to the Com- 
mittee on Municipal Corporations. 

File No. 83 was read the second time and referred to the Com- 
mittee on Corporations. 

Mr. Spalding moved that the Convention do now resolve itself 
into a Committee of the Whole to consider the resolution offered 
by Mr. Selby. 

Which motion prevailed, and the President called Mr. Moer to 
the chair. 

When the Committee rose the following report was present-od: 

Mb. Pbbbidemt: 

Yonr Committee of the Whole have had nnder consideration the resohition 
of Mr. Selby providing for the publication of five hundred co[)ieB of the de- 
bates and proceedings of this Convention in bound form, for distribution 
among the members of this Convention and other state and territorial libra- 
ries, and recommend that the resolution be amended by striking out the 
words *^ve hundred" and inserting in lieu thereof the words "one thousand.'* 

Also, that it be amended by striking out the worils ''and that the Legisla- 
tare of the state at its first session make an appropriation for the payment of 
Biioh printing and publication, as oertifieil to by the pro|)er committee, unless 
mich expense is paid out of the congressional appropriation to defray the ex- 
penses of tlus Convention;" and that it be further amended by providing that 

8 



58 Journal of the Convkntion, 



eaoh member of the Oonyention shall be entitled to receive six oopiee thereof, 
each employee of the Convention one copy, each state or territorial library one 
copy, the eoD^n'essional library one copy and the first state oflScers elected one 
copy each, and when so amended the Committee reconmiends the adoption of 
the resolution. 

S. H. MOBB, 

Chairman. 

Mr. Pollock moved that the report of the Committee be adopted. 

Which motion prevailed.^ 

The President pro ienqwre called Mr. Stevens to the chair. 

Mr. Blewett moved to adjourn. 

Which motion prevailed, and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Friday, July 19, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President 2>^o tempore presiding. 

The roll was called, all members being present except Messrs. 
Camp and Whipple, who were excused. 

The Journal of the preceding; session was read, and the words 
"the resolution was adopted," following the resolution introduced 
by Mr. Camp, was stricken out, and with this correction the 
Journal was approved. 

Mr. Lauder moved that the vote by which the resolution intro- 
duced by Mr. Camp was adopted be reconsidered. 

Which motion prevailed. 

Mr. Lauder moved to amend the resolution so as to read after 
the word "final" in the last line the following: "Adoption or 
amendment, section by section, by this Convention, and to be 
then adopted as a whole." 

Which amendment prevailed, and the resoulution was adopted. 

Mr. Williams moved that the resolution be laid over until next 
Tuesday, and then come up as unfinished business. 

Which motion was lost. 

Mr. Parsons, of Morton, introduced the following resolution, 
and moved its adoption: 

Resolved, That the Committee on Bevision and Adjustment be instraoted 
to report to this Convention every change made in the text of matter referred 
to it 

The yeas and nays were demanded on the passage of the resolu- 
tion. 



Friday, July 19, 1889. 



59 



The roll being called there were ayes 63, nays 8, viz: 
Those who voted in the affirmative were: 



Messrs — 
Allin, 
Ahneo, 

Barilett, of Dickey, 
Bartlett, of Griggs, 
BeU, 
Bennett, 
Best, 
Brown, 
Garland, 
Carothers, 
Chaffee, 
Glapp, 
Clark, 
Colton, 
Douglas, 
EUiott, 
Fay, 

Flemington, 
Qayton, 
GUck, 
Hams, 



Messrs — 
Hangen, 
Hegge, 
Hoyt, 
Johnson, 
Lander, 
Linwell, 
Lohnes, 
Lowell, 
Marrinan, 
Mathews, 
Meaoham, 
MoBride, 
McHugh, 
MoKenzie, 
Miller, 
Moer, 
Noble, 
Nomland, 
O'Brien, 

Parsons, of Morton, 
Parsons, of Bolette, 



Messrs- 
Paulson, 
Peterson. 
Powers, 
Powles, 
Puroell, 
Pollock, 
Ray, 

Richardson, 
Robertson, 
Rolfe, 
Rowe, 
Hcott, 
Selby, 
Shaman, 
Slotten, 
Spalding, 
Stevens, 
Turner, 
Wallace, 
Wellwood, 
Williams. 



Messrs — 
Holmes, 
Sandager. 



Mr. President. 



Those who voted in the negative were: 

Messrs — Messrs — 

Appleton, Budge, 

Bean, Gray, 

Blewett, Griggs, 

Absent and not voting: 

Messrs. Camp, Mr. Whipple, 

Leacn, 

So the resolution was adopted. 

FIRST BEADING OP ABTI0LE8, BE80LUTI0N8, ETC. 

Mr. Lowell introduced File No. 94 — 

OOBPORATIONS. 

SaonoN 1. The term "corporation" as nsed^in this article, shall be con- 
strued to include all associations and joint stock companies having any of the 
powers and privileges not possessed by individuals or partnerships, and all 
oorporations shall have the right to sue, and shall be liable to be sued in all 
ooiuiB in like manner as natural persons. 

Sua 2. Corporations shall not be formed under special acts except for 
mnnioipal purposes. 

Sxa 3. All railroad and transportation companies are declared to be 
oommon carriers, and shall be required to transport freight and passengers, 
and shall receive for such transportation only such compensation as is reason- 
able and just, to be determined as a judicial question by the courts of this 
stele. 

Sue. 4. Lands may be taken for public way for the purpose of granting to 
any corporation the franchise of way for public use; in all cases, however, a 
fair and equitable compensation shall be paid for such lands and the damages 
arising from the taking of the same, which compensation shall be paid or 
secured before the takmg thereof. 

Which was read the first time. 



60 , Journal of the Convention, 



Mr. Rowe introduced File No. 95 — 

State seuators shall be elected for a term of foar years, and they shall be 
divided as equally as may be into two classes. The first class ehaU consist of 
the senators from the even numbered districts, and the second class shall con- 
sist of the seuators from the odd numbered districts, but the terms of office of 
the two classes of senators shall not expire on dates less than two years apart 
Provided f That in consequence of the first election the senators of the first 
class shall only hold their office for one year, and the senators of the 
second class shall hold their office three years. 

Which was read the first time. 

Mr. Lohnes intro^luced File 96 — 

They, the Supreme court judges, shall be obliged to give their opinion upon 
important questions o^ law when required by the Governor, Council, or House 
of Representatives. 

Which was read the first time. 

Mr. Rowe int' oduced File No. 97 — 

The three-fourths majority vote of the petit jury of any court in this state 
shall constitute a verdict. 

Which was read the first time. 

Mr. Clark introduced File No. 98— 

School treasurers must deposit all school money in a national or other 
duly incorporated bank, and can only pay out the same on a check ooonter- 
signed by the school clerk. 

Which was read the first time. 
Also File No. 99— 

Section 1. There shall be at the first general election of state officers two 
persons, duly qualified electors, whose term of office shall be fixed by ttie Leg- 
islature, who with the Lieutenant Governor, Attorney General and Oommis- 
sioner of Public Lands, shall constitute a Board of Oommissioners for the sale 
and leasing of school lands and general management of school funds in such 
manner as may be provided by law. 

Seo. 2. The first Legislature convening after the adoption of this Gonsti- 
tutiou shall provide for the sale, as speedily as possible, of not more than one- 
fourth of the school lands, at a price not less than $10 per acre. 

Which was read the first time. 

Mr. Bartlett of Dickey, introduced File No. 100 — 

Sbotion 1. The Legislature shall make no law respecting an establish- 
ment of religion or prohibiting the free exercise thereof. 

Seo. 2. The Legislature shall make no law respecting the observance of 
a Sabbath, but shall afford equal protection to all in the observance of the day 
they may select. 

Which was read the first time. 

Mr. Gray introduced File No. 101 — 

The state of North Dakota shall be divided into twenty-five senatorial dis- 
tricts, bounded by the same lines and comprising tlie area, 
as are the districts described in the executive proclamation^ 
which called into existence this convention. From eacn of these 
districts there shall be elected one state senator and three members of the 
House of Representatives, and that in voting for the members of tiie lower 
house, the elector may cast three votes — one for each— or may oast one and 



Feiday, July 19, 1889. 61 



one-half for two— or may oast three votes for one candidate. At the first ^^n- 
eral election the senators in the even-numbered districts shall be elected for 
four years, and in the odd-numl>ered districts for two years, and every four 
years thereafter; and that this apportionment shall stand until changed by the 
Legislature; Provided j That whatever number of senators may be determined 
upon, ttie lower house shall have three times the number, to be elected on the 
onmulative plan. 

Which was read the first time. 

Mr. Fay introduced File No. 102— 

That at the first election for members of the senate in the eveu-uumbered 
districts, one senator shall be elected for two years, and in the odd-nnmbered 
districts one senator shall be elected for four years ; and thereafter all members 
of the senate shall be elected for four years. 

Which was read the first time. 

Mr. Heggo introduced File No. 103 — 

Sbotion 1. Laws shall be passed taxing: all personal property of all descrip- 
tions, such AS moneys, credits, investments in bonds, stocks, joint stock com- 
panies or otherwise, by a uniform rule, and all real property shall be taxed by 
a imiform rule "according to its true value in money, but the property of the 
United States and of the state, county and municipal corporations, both real 
and personal, shall be exempt from taxation, and the legislature shall, by gen- 
eral law, exempt from taxation property used exclusively for public schools, re- 
ligious, oemetary or charitable purposes, and personal property to any amount 
Dot exceeding in value two hundred dollars to each individual liable to 
taxation. 

Ssa 2. The Legislature shall provide for a Board of Assessors, elected by 
the people, whose duty it shall be each year to assess each railroad in the state, 
and shall ascertain the amount for which each railroad company shall be as- 
sessed in each county of the state, said assessment to be subject to the same 
levy as other property in the respective locality where it is situated. 

Sec. 3. in arriving at the actual value of real property the ciUtivation of 
tbe soil shall not be taken into consideration. 

Which was read the first time. 

Mr. Pollock introduced File No. 104— 



The Legislature shall have no power to pass any act granting any charter 
for banking purposes, but corporations or tissociations may be formed for such 
purposes under general laws. No corporation, association or individual shall 
mssiie or puc in circulation, as money, anything but the lawful money of the 
TJmted States. 

8FC0ND READING OF ARTICLES. 

File No. 84 was read the second time and referred to the Com- 
mittee on Revenue and Taxation. 

File No. 85 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 86 was read the second time and refered to the Com- 
mittee on Miscellaneous. 

File No. 87 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 88 was read the second time and referred to the Com- 
mittee on Legislative Department 



62 Journal of the Convention, 

File No. 89 was read the second time and referred to the Com- 
mittee on Preamble. 

File No. 90 was read the second time and referred to the Com- 
mittee on Corporations other than Municipal. 

File No. 91 was read the second time and referred to the Com- 
mittee on Corporations other than Municipal 

File No. 92 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No.- 93 was read the second time and referred to the Com- 
mittee on Temperance. 

REPORTS OF STANDING COMMITTEES. 

Mb. Pbesident: 

The Committee on Bevenne and Taxation wonld respeotfnlly r^ort back 
to this Convention File No. 44 and File No. 46, and reoommend that they do 
not pass, as the matter is already oovered by other proposed articles. 

J. li. CoiyroM, 
Chairman. 

Mr. Scott moved that the convention do now resolve itself into 
a Committee of the Whole to consider the report of the Commit- 
tee on County and Township Organization. 

Which motion prevailed, and 

The President called Mr. Lauder to the chair. 

When the committee rose the following report was presented: 

Mb. Pbesident: 

Your Committee of the Whole have had under oonsideration the report of 
the committee on Connty and Township Orpranization and reoommend that 
sections one and two of the report be adopted as sections of the constitution. 
Also recommend that section three be amended by adding to the close of the 
section the words *'As the assessed valuation of the part so stricken off 
shall bear to the total assessment of the said county or counties," and that 
when so amended the section be adopted as a section of the Constitution. 
Your Committee reports progress and asks leave to sit agaiu. 

W. S. Laudee, 

Chairman. 
Mr. McHugh moved that the report be adopted. 

Which motion prevailed. 

Mr. Mathews moved that when the Convention adjourn it take 
a recess until Tuesday, 2 o'clock p. m. 

Which motion was lost 

Mr. Miller moved that the further consideration of File No. 63 
be postponed until next Tuesday. 

Which motion prevailed. 

The following members were excused until next Tuesday: 
Messrs. Douglass, Flemiugton, Griggs, Lander, Miller, Mathews, 
Rowe, Bean, Holmes. 

Mr. Bean moved to adjourn until Tuesday next Yeas and 
nays demanded on the motion: 



Feidat, July 19, 1889. 



63 



The roll being called there were ayes 21, nays 43, viz: 
Those who voted in the affirmative were: 



MeesTs— 


Messrs — 


Messrs — 


ALmen, 


Douglas, 


Powers, 


BarUett, of QnggB, 


Flemington, 


Pollock, 


Bean, 


Hoyt, 


Robertson, 


Brown, 


Linwell, 


Rolfo, 


Badge, 
Chaffee, 


Lowell, 


Shimian, 


Mathews, 


Stevens, 


Clark, 


Meaoham, 


Williams, 


ThoBo who voted 


in the negative were: 




Messrs — 


Messrs— 


Messrs- 


Allin, 


Gray, 


O'Brien, 


Appleion, 


Hangeu, 


Parsons, of Morton, 


Bartlett, of Diokey, 


Hegge, 


Parsons, of Rolette, 


BelL 


Holmes, 


Paalsou, 


Bennett, 


Johnson, 


Peterson, 


Beet, 


Lauder, 


Powles, 


Blewett, 


Lohnes, 


Ray, 


Garland, 


Marrinan, 


Richardson, 


Garothers, 


McBride, 


Rowe, 


Clapp, 


McHngh, 


Selby, 


Colton, 


McKenzie, 


Slotten, 


EUiott, 


Moer, 


Turner, 


Fay, 


Noble, 


Wallaco, 


Oayton, 
Ghok, 


Nomland, 


Well wood, 


Absent and not voting: 




Messrs — 


Messrs- 


Messrs— 


Oamp, 


Miller, 


Spalding, 


Qrig|rs, 


Pnroell, 


Whipple, 
Mr. President, 


Hams, 


Sandager, 


Leaoh, 


Soott, 




So the motion to adjourn was lost. 




Mr. Parsons, of Morton, moved to adjourn. 


Which motion prevailed and the Convention adjourned. 






J. G. Hamilton, 






Chief Clerk. 



i 



64 Journal of the Convention, 



Journal of the Convention. 



Saturday, July 20, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called and all absent members were excused. 

Mr Williams moved that the reading of the Journal be dis- 
pensed with. 

Which motion prevailed. 

Mr. Williams moved that the rules be suspended and articles 
be read by their titles only. 
Which motion prevailed. 

FIRST READING OF ARTICLES, RESOLUTIONS, ETC. 

Mr. Turner introduced File No. 105. 

ELECTIONS. 

Seotton 1. All electioDS in this state shall be by secret ballot, and the 
booth in which the elector shall mark his ballot shall be so situated as to 
prevent any communication with him or any knowledge of how he votes, by 
any other person. 

Sec. 2. All ballots and ballot boxes shall be provided by the state and 
counties, respectively, for their own elections, and by the state for United 
States elections, and there shall be separate tickets and boxes, first for na- 
tional, second for state and third for county officials. 

Se<?. 3. All electors mnst be registered ninety days before the day of 
election, and certified copies prepared by the clerk or auditor of each town- 
ship, municipality or county for each polUng place therein, and all lists must 
be certified to as being true according to the certified list of the court of ex> 
aminers. 

Sec. 4. The following shall be the only purposes for which funds may be 
used in, l)efore or after elections, by any candidate or his agents, or any other 
person or persons in his behalf, namely: Renting halls for political meetings, 
printing, postage in circulating pohtical literature, newspaper advertising and 
the payment of public speakers and traveling expenses connected with cam- 
paign work. 

Sec. 5. Any person giving, receiving or offering a bribe to influence a 
vote or as a reward for his vote, shall forever he disquahfied from holding any 
office and from exercising the right of franchise in this state. 



Saturday, July 20, iaS9. 65 



Mr. Williams introduced File No. 106. 

CONSTITUTION 
OF 

NORTH DAKOTA. 

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. 

Part 1— The State. 

AETICLE I. 

DESIGNATION OF THE STATE. 

Section I. The name of this state shall be North Dakota. 

Sec. 2. The boundaries of this state are and shall remain as 
follows, that is to say: Commencing at a point in the main chan- 
nel of the Red River of the North, where the forty-ninth degree 
of north latitude crosses the same; from thence south up the 
main channel of the same and along the boundary line of the 
state of Miunesota to a point where the seventh standard parallel 
intersects the same; thence west along said seventh standard par- 
allel to a point where it intersects the twenty-seventh meridian of 
longitude west from Washington; thence north on said meridian 
to a point where it intersects the forty-ninth degree of north lati- 
tude; thence east along said line, to place of beginning. 

ARTICLE II. 

RELATION OP THE STATE TO THE UNITED STATES. 

Section L The State of North Dakota is an inseparable part 
of the Union, and the Constitution of the United States is tlie 
supreme law of the land. 

DEa 2. United States senators shall be elected from time to 
time by the general assembly, as prescribed by law. 

8Ea 3. Until otherwise provided by law, the members of the 
house of representstives of the United States apportioned to this 
state shall be elected by the state at large. 

Sec. 4. No change shall be made, either by act of the general 
assembly or by constitutional amendment, which is inconsistent 
with or repugnant to a republican form of government. 

Sec. 5. "fiie following article shall be irrevocable without the 
consent of the United States and the people of this state; First, 
that perfect toleration of religious sentiment shall be secured, 
and no inhabitant of this state shall ever be molested in person or 
property on account of his or her mode of religious worship; sec- 
9 



66 Journal of the Convention, 



ondly, that the people inhabiting this state do agree and declare 
that they forever disclaim all right and title to the unappropriated 
public lands of the United States lying within the state, and that 
the same shall be and remain at the sole and entire disposi- 
tion of the United States, and that the lands belonging to citizens 
of the United States residing without this state shall never be 
taxed higher than the lands belonging to residents thereof, and 
that no taxes shall be imposed by the state on lands or property 
therein belonging to. or which may hereafter be purchased by the 
United States. 

Part II.— The People. 

CHAP. I.— Individuals. 

AETICLE III. 

DECLARATION OF RIGHTS. 

(i.) Natural Rights, 

Section 1. All men are bom equally free and independent, 
and have certain inherent, inalienable and indefeasible rights, 
among which are those of enjoying and defending life and liberty, 
of acquiring, possessing and protecting property and reputa- 
tion, and of pursuiiig their own happiness. 

Sec. 2. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own conscience8,and 
no person shall be denied any civil or political right, privilege or 
capacity on account of his religious opinions. No man can of 
right be compelled to attend, erect or support any place of wor- 
ship or to maintain any minister of religion against his consent. 
No preference shall ever be given by law to any religious estab- 
mentormodeof worship; but the liberty of conscience hereby 
secured shall not be construed to dispense with oaths or affirma- 
tions, excuse acts of licentiousness or justify practices inconsistent 
with the peace or safety of the state. 

Sec 3. No title of nobility or hereditary distinction, privilege, 
honor or emolument shall ever be granted or conferred in this 
state. 

Sec. 4 Emigration from the state shall not be prohibited. 

Sec 5. Aliens who are bona fide residents of this state shall 
have the rights of citizens with regard to the acquisition, posses- 
sion, transfer and descent of property. . 

Sec 6. Every man shall have the right freely to 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 de- 



Saturday, July 20, 1889. 67 



fense when the matter is published with good motives and for jus- 
tifiable ends; and the jury shall have the same power of giving a 
general verdict as in other cases. 

Sec. 7. All political power is inherent in the people, and they 
have the right to altei, reform or abolish their form of govern- 
ment whenever the public good may require it. 

(2.) RigMs as to Crimes — Before Trial, 

Sec. 8. Treason shall consist only in levying war against the 
state or adhering to its enemies, giving them aid and comfort. 

Sec. 9. No person can be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession 
in ox>en court 

Sec. 10. All persons shall be bailable by sufficient surety, 
except for treason, murder or any capital crime, where the proof is 
evident or the presumption great 

Sec. 11. Excessive bail shall not be required. 

Sec. 12. No person shall be imprisoned for the purpose of 
procuring his testimony in any case, longer than may bo reasonably 
necessary in order to take his deposition or secure his recogni- 
zance with sufficient surety. 

Sec. 13. The privilege of the writ of habeas corpus shall not 
be suspended except when, in case of rebellion or invasion, the 
public safety may require it 

Sec. 14. Unless otherwise provided by law, no person shall be 
held for a capital or otherwise infamous crime, unless on a pre- 
sentment or indictment of the grand jury, except in cases of im- 
peachment, in cases arising in the land or naval forces, or in the 
militia when in actual service in time of war or public danger, and 
io cases of petit larceny and other minor offenses. 

SEa 15. No ex post facto law shall be passed. 

S£a 16. The people shall be secure in their persons, houses, 
papers and possessions, from unreas(»nale searches and seizures, 
and no warrant to search any place or seize any person or thing 
shall issue without describing them as nearly as may be, and 
without probable cause supported by oath or affirmation sub- 
scribed by the affiant. 

Rights as to Crimes — At Trial, 

SEa 17. No person shall be deprived of life, liberty or prop- 
erty without due process of law. 

Sec. 18. In all criminal prosecutions the accused has a right 
to a speedy trial by an impartial jury of the county in which the 
offense was committed; provided, that the general assembly shall 
have power to provide for the trial of crimes not infamous, by a 
jury of less than twelve. 



68 Journal of the Convention, 



Sec. 19. The accused has a right to be heard by himself or his 
counsel, and to meet the witnesses face to face, and to have com- 
pulsory process for obtaining witnesses in his favor; and he can- 
not be compelled to give evidence against himself. But the gen- 
eral assembly may provide for the taking of depositions in crim- 
inal cases in presence of the party, when there is reason to believe 
that any witness from sickness or other cause cannot attend at 
the trial, and when it is important to preserve the testimony. But 
such deposition shall not be used if the witness can be personally 
present at the trial. 

Sec. 20. No person shall for the same offense be twice put in 
jeopardy of his life or liberty. 

Rights as to Critaes — After Trial. 

Sec. 21. Excessive fines shall not be imposed or cruel punish- 
ments inflicted, but all punishments and penalties shall be pro- 
portioned to the offense. 

Sec. 22. Banishment from the state or transportation shall not 
be allowed as a punishment for crime. 

Seo. 23. No bill of attainder shall be passed, and no convic- 
tion shall work corruption of blood or forfeiture of estata 

(5.) Rights as to Civil Matters. 

Seo. 24 No law impairing the obligation of contracts shall be 
passed. 

Sec. 25. Every person for an injury done to him in his person, 
reputation, property, rights or immunities shall have remedy by 
due course of law, and right and justice shall be administered 
freely and without sale, completely and without denial, promptly 
and without delay. 

Sec. 26. In all civil suits the parties may be heard by them- 
selves or their counsel. 

Sec. 27. Trial by jury, as has been customary, shall remain 
inviolate, but a trial by jury may be waived by the parties in all 
civil cases, in a manner to be prescribed by law; and the general 
assembly may authorize a trial by a jury of less than twelve men 
in courts of inferior jurisdiction; and without jury if the right to 
a jury upon appeal be secured. 

Sec. 28. No person shall be imprisoned for debt except in 
cases of fraud. 

Sec. 29. The right of eminent domain shall never be so con- 
strued as to prevent the legislature from taking the property or 
franchises of incorporated companies for public purposes, under 
the same conditions as those of individuals. And the police 
powers of the state shall never be so construed as to permit cor- 
porations, or individual to conduct their business so as to infringe 



Saturday, July 20, 1889. 69 



the equal rights of other persons or the general well-being of the 
state. 

SEa 30. Private property shall not be taken for public use 
without just compensation being first made or secured; the amount 
whereof shall be determined by due process of law. 

Sec. 31. Suits may be brought against the state in such a 
manner, in such courts and in such cases as the general assembly 
may by law direct 

(4.) Rights as to the Military, 

Sec. 32. A well regulated milita being necessary to the 
security of a free state, the right of the people to bear arms shall 
not be questioned, but the general assembly shall have the power 
to prescribe by law the manner in which arms may be borne. 

Seo. 33. No standing army shall be kept up in this state in 
time of peace, and in time of war no appropriation for a stand- 
ing army shall be for a longer period than two years; and the 
military shall in all cases and at all times be in strict subordina- 
tion to the civil power. 

Sec. 34. No soldier shall in time of peace be quartered in any 
house without the consent of the owner, nor in time of war but in 
a manner to be prescribed by law. 

(5.) Rights as to the Oovemment. 

Sec. 35. The citizens have a right in a peaceable manner to 
assemble together for the common good, to instruct their repre- 
sentatives, and to apply to those invested with the powers of gov- 
ernment, for redress of grievances or other purposes, by petition, 

address or remonstrance. 

• 

Sec. 36. All elections shall be free; and no power, civil or 
military, shall at any time interfere to prevent the exercise of the 
right of suffrage. 

SEa 37. This enumeration of certain rights shall not impair, 
disparage or deny others retained by the people. 

AETICLE IV. 

i 

MISCELLANEOUS RIGHTS OF INDIVIDUALS. 

SEa 1. A resonable amount of property to be determined by 
law, shall be exempt from seizure or sale for the payment of any 
debt or liability. 

SEa 2 Liberal homestead laws shall be passed by the general 
assembly. 

Sec. 3. The real and personal property of any woman in this 
3tate, acquired before marriage, and all proi)erty to which she 
xxiAy after marriage become in any manner rightfully entitled, 



70 Journal of the Convrntion, 

shall be her seperate property, and shall not be liable for the 
debts of her husband. 

ARTICLE V. 

SUFFRAGE AND ELECTIONS. 

{!,) Suffrage. 

Section 1. Every male person not under the age of twenty- 
one years and not an idot or lunatic and not confined in any 
public prison, belonging to any one of the following classes, who 
shall have been an inhabitant of this state one year next preced- 
ing an election, and an inhabitant of the county and of the 
election district in which he shall offer his vote, for the last 
three months next preceding an election, shall be deemed a 
qualified elector at such election, and be entitled to vote in such 
election district, for all oflScers that now are or hereafter shall 
be elected by the people, and upon all questions which shall be 
submitted to the vote of the people. Such electors shall be 
either; 

(1.) Citizens of the United States; 

(2.) Persons of Indian blood or of mixed white and Indian 
blood, who shall have adoptad, for not less than two years, the 
language, customs and habits of civilization; 

(3.) Male persons of foreign birth who, not less than two 
years nor more than five years before offering to vote, shall ac- 
cording to law, have declared their intention to become citizens of 
the United States. 

Sec. 2. No religious test or property qualification shall be re- 
quired of any voter at any election in this state. But the general 
assembly may at any time adopt as a general qualification the 
test of ability to read with facility the Constitution of the United 
States. 

Sec. 3. In time of war, insurrection or rebellion, all peisons 
otherwise entitled under this article to be electors who shall be 
absent from the place of which they are inhabitants by reason of 
being in the actual military or naval service of the United States 
or this state, whether within or without the state, shall. Without 
registration, be entitled to vote in any election occurring during 
such absence. The votes of all such persons, wherever they may 
be, may be taken on the day of such election or at any time with- 
in twenty days next before said day, and the general assembly 
shall provide for the manner in which and the time and places at 
which such absent electors shall vote,and for the return and canvass 
of their votes in the election districts of which they respectively 
are inhabitants. 

Sec. 4. A person shall be considered an inhabitant for the pur- 
poses of this article, of that county and election district within 



Saturday, July 20, 1889. 71 



this state wherein he dwells and has his home. But a person 
dwelling upon Indian lands, within the state, shall, for the pur- 
poses of this article, be deemed an inhabitant of the election dis- 
trict nearest his home, and of the county to which such district be- 
longs. 

Sec. 5. For the purposes of this article, no person shall be 
deemed to have become an inhabitant by reason of his presence 
or to have ceased to be such by reason of his absence, while en- 
gaged in the service, either civil, naval or military, of this state or 
of the United States, or while emploved in the navigation of the 
waters of this state or of the United States, or of the high seas, or 
while a student at any institation of learning, or while kept at 
public expense in any poorhouse or other asylum, or while con- 
fined in any public prison; nor shall any person be deemed to have 
ceased to be an inhabitant by reason of his absence on business of 
the state or of the United States, or on a visit, or on necessary 
private business. 

(2.) Elections. 

Sec. 6. All elections by the people shall be by ballot. 

Sec. 7. No election shall continue longer than one day, except 
«U3 otherwise provided for in this constitution. 

SEa 8. The general election of state and county officers, and 
of members of the general assembly shall, except as otherwise 
;B)rovided in this constitution, be held bienially on the Tuesday 
'next following the first Monday in November, but the general as- 
sembly may by law fix a diflFerent day for such general election, 
"two-thirds of all the members of each house consenting theret<>. 

Sec. 9. The general assembly shall immediately, and from 
iime to time, provide by law for a complete and uniform registra- 
iion by election districts of the names of qualified electors in this 
state; which registration shall be evidence of the qualification of 
all registered electors to vote at any election thereafter held; but 
no person shall be excluded from voting at any election, on ac- 
count of not being registered, until the general assembly shall 
have passed an act of registration which shall have gone into 
effect. No person shall vote, except as provided in this constitu- 
tion, unless his name shall have been registered as required by 
law at least ten days before the day of election, A new registra- 
tion shall be made within sixty days next preceding the tenth day 
prior to every election; and after it shall have been made no per- 
son shall establish his right to vote by the fact that his name ap- 
pears on any previous register. All laws for the registration of 
electors shall be uniform throughout the state. 

Sec. 10. Any person who shall receive, or offer to receive, or 
pay, or offer, or promise to pay, or contribute, or offer or promise 
to contribute to another to be paid or used, any money or other 
valuable thing, as a compensation or reward for the giving or 



72 Journal op the Convention, 



withholding any vote at any election, or who shall make any 
promise to influence the giving or withholding of any such vote, or 
who shall make or become directly or indirectly interested in any 
bet or wager depending upon the result of any election, shall 
thereby forfeit the right to vote at such election. Any elector 
whose right to vote shall be challenged for such cause at the elec- 
tion shall be required to swear or affirm that the matter of the 
challenge is untrue, before his vote shall be received. 

Sec. 11. Any person convicted of wilful violation of the elec- 
tion laws or of raise swearing under the provisions of any law 
enacted in pursuance of Section 10 of this article shall, in addition 
to any penalties provided by law, be deprived of the right of suffrage 
for a term of four years. 

Sec. 12. Elections for city, ward, district and township officers 
shall be held annually on the second Tuesday of April. 

Seo. 13. The secrecy of the ballot shall be preserved inviolate; 
and the general assembly shall pass suitable laws to secure the 
same. All ballots shall be printed, distributed and delivered 
at the polls to electors for voting, at public expense and under 
public supervision and at each polling place there shall be pro- 
vided a sufficient number of booths or compartments, in which 
the electors singly shall prepare their ballots m secret. 

Sec. 14 In the trial of contested elections and in proceedings 
for the investigations of elections, no person shall be permitted to 
withhold his testimony upon the ground that it may criminate 
himself or subject him to public infamy; but such testimony shall 
not afterwards be used against him in any judicial proceedings, 
except for perjury in giving such testimony. 

Sec. 15. In all elections by the people under this constitution 
the person or persons who shall receive the highest number of 
votes shall be declared duly elected. 

Sec. 16. No elector during the continuance of an election at 
which he is entitled to vote, and before he shall have voted there- 
at, and during the time necessary and convenient for his going to 
and returning from the same, shall be subject to arrest upon civil 
process, or be compelled to attend any court or judicial proceed- 
ing as suitor, juor or witness; or to work upon the public roads; 
or, except in time of war or public danger, to render military or 
naval service; nor shall any deduction from his wages or his sal- 
ary be made by his employer on account of necessary time spent 
by him in attending at such election and in going to and return- 
ing therefrom. 

Sec. 17. Every person who shall have given or oflFered a bribe, 
threat or reward to procure his election shall be disqualified from 
holding office during the term for which he shall have been 
elected. 



Saturday, July 20, 1&S9. 73 

ARTICLE VI. 

ENUMERATION. 

Section 1. The decennial census taken by the government of 
the United States, shall, unless otherwise provided by law, be 
adopted for all purposes as the enumeration of this state, but the 
general assembly shall, in case the census of the United States 
shall for any reason fail or be not published within a reasonable 
idme after the taking of the same, or in case the general assembly 
shall for other reason deem it necessary, cause an enumeration 
of inhabitants of this state to be duly made. 

CHAP. ir. Orfiranizations. 

Title L— Public Organizations. 

ARTICLE VII. 

THE MILITIA. 

(1) Militia Oenerally, 

Section 1. The militia of the state shall consist of all able- 
Txxlied male persons residing within the state, between the ages 
of eighteen* and forty-five years, except such as may be exempted 
Iby the laws of the United States or of this state. Persons whose 
xeligious tenets or coscientious scruples forbid them to bear arms 
JBhau not be compelled to do so in times of peace, but shall pay 
«in e<iuivalent for personal service. 

(2.) Active Militd, 

Sec. 2. The militia shall be enrolled, organized, uniformed, 
«rmed and disciplined in such manner as shall be provided by 
3aw, not incompatible with the Constitution or laws of the United 
State& 

Sec. 3. The general assembly shall provide by law for the 
establishment of volunteer organizations of the several arms of 
^he service, which shall be classed as active militia. 

, Sec. 4. All militia oflScers, except the adjutant general shall 
\}e appointed or elected in such manner as the general assembly 
shall prescribe. 

Sec. 5. The commissioned oflScers of the militia shall be com- 
xnissioned by the governor; and no commissioned officer shall be 
:removed from ofiice except by sentence of court-martial, pursuant 
^o law. 

Sec. 6. The militia forces shall, in all cases except treason, 
ielony and breach of the peace, be privileged from arrest during 
^heir attendance at musters, parades and election of officers, and 
in going to and returning from the same. 
10 



74 Journal of the Convention, 

AETICLE Vni. 

SOHOOLS. 

(1.) Schools Oenerally. 

Section 1. The general assembly shall establish and main- 
tain throughont the state fi uniform system of free public schools. 

Sec. 2. The public school system shall include primary and 
grammer schools, and such high schools, normal schools and 
technicial schools as may be est^lished by the general assembly 
or any district or municipal authority. The entire revenue 
derived from the state school fund shall be applied exclusively to 
the support of primary and grammar schools. 

Sec. 3. In each school district one or more free public 
schools shall be maintained at least four months in every year. 

Sec. 4. The public schools of the state shall be open to all 
children and youth between the ages of five and twenty-one 
years. 

Sec. 5. In the public schools both sexes shall have equal 
rights and privileges. No distinction or classification of pupils 
shall ever be made on account of race or color. 

Sec. 6. Every child of sufficient mental and physical ability 
may be required to attend the public schools between the ages of 
six and eighteen years, for a term of not less than three years, un- 
less educated by other means. 

Sec. 7. Neither the state, nor any county, township, school 
district, city, town or other municipality shall ever make any 
appropriation, or pay anything from any public fund or public 
moneys, or make any g^ant or donation of land, money or other 
property in aid of any school, seminary or other institution of 
learning, controlled wholly or in part by any church or sect And 
any gift, devise or bequest to the state, or to any county, town- 
ship, school district, city, town or other municipility, of lands, 
money or other property, to be used in support of any sectarian 
school or other sectarian institution of learning, shall be inoper- 
ative and void. 

• 

Sec. 8. No religious test or qualification shall evei be required 
of any person as a condition of admission into any public educa- 
tional institution of the state, either as a teacher or student, and 
no sectarian doctrines shall ever be taught therein. 

{2,) Supervision of Schools, 

Sec. 9. The general supervision of the public schools of the 
state shall be vested in a board of education, the powers 
and duties of which shall be prescribed by law. The 



Saturday, July 20, 1889. 75 



superintendent of public instruction, the governor, and secretary of 
state and attorney -general shall constitute the board, of which the 
superintendent of public instruction shall be president. 

Sec. 10. The first session of the board of education shall be 
held at the capital of the state within thirty days after the organi- 
zation of the state government under this constitution. 

Sec. 11. The suj>erintendent of public instruction and one 
other shall constitute a quorum. 

Sec. 12. In each county the county superintendent of schools 
shall exercise supervision over the public schools of the county 
and perform such other duties as may be prescribed by law. 

(8.) School Fumls and School Lands, 

Sec. 13. The public school fund of the state shall consist of 
the proceeds of such lands as have heretofore been granted, or 
jnay hereafter be granted to the state by the United States gov- 
ernment, known as school lands, and those granted in lieu 
thereof; lands acquired by gift or grant from any person or cor- 
jx»ration under any law or grant of the United States government; 
«nd of all other grants of land or money made to the state from 
%he United States government for general educational purposes, 
^3r where no other special purpose is indicated in the grant; all 
states or shares of estates that may escheat to the state; all un- 
^aimed shares and dividends of any corporation incorporated 
'wnder the laws of the state, and all grants, gifts, devises and be- 
quests made to the state for general educational purposes. 

Sec. 14. The school fund shall be deemed a trust fund held by 
^he state. The principal thereof shall forever remain inviolate. 
Ht may be increased but shall never be diminished, and the state 
^hall make good all losses of any portion of the principal which 
:x3iay in any manner occur. 

Sec. 15. The financial agents to receive the income of the 
^school fund, and to look after the safety of the principal under 
^uch regulations as may be provided by law, shall, except as other- 
"^rise provided in this constitution, be the same officers who by law 
:^ eceive and control the revenues of the state and of the respective 
^liounties for other civil purposes. 

Sec. 16. The school lands may be sold under such regulations, 
<^t such times and on such terms as may be prescribed by law. 

SEa 17. The moneys of the school fund, whether arising from 
'tie sale of lands or otherwise, shall be invested only in bonds of 
^fcle United States, or of the State of North Dakota, or in first 

ortgates on real estate situated within the State of North Dakota 
nd worth in every case at least twice the amount for which it is 
^^mortgaged^ or in bonds of school districts issued to raise money 
ffor the building of school houses. All moneys designated for in- 



76 Journal of the Convention, 



vestment in school district bonds shall be divided among the or- 
ganized counties of the state as nearly as possible in proportion to 
their population of children between the ages of five and twenty- 
one years. 

Sec. 18. The net annual income of the school fund shall l)e 
divided annually among the organized counties of the state as 
nearly as possible in proportion to their population of children 
between the ages of five and twenty-one years, to be disbursed in 
the support of free public schools or schools of the grade of pri- 
mary or grammar schools in each school district But no school 
district in which a free public school has not been maintained at 
least four months during the year for which distribution is made, 
shall be entitled to receive any portion of such income. 

Sec. 19. All fines, i>enalties and license moneys arising under 
the general laws of the state shall belong and be paid over to the 
counties respectively where they were levied or imposed; and all 
fines, penalties and lisense moneys arising under the laws or ordi- 
nances of citis, towns or other municipalities, shall belong and be 
paid over to the municipalities respectively where they were levied 
or imposed. 

(4.) Tiuresfor School Purposes. 

Sec. 20. In case the income of the school fund shall be insuffi- 
cient to sustain a free public school at least four months in every 
year 'in each school district in the state, the general assembly 
shall provide for supplying the deficiency from the general rev- 
enue of the state. 

Sec. 21. The general assembly may provide for the levy and 
collection of an annual poll tax of not more than $1.50 on each 
poll, which shall be applieii to the support of the public schools in 
the counties in which it is levied and collected. 

Sec. 22. Each county shall be recpired to raise annually by 
tax, for the support of free public schools therein, a sum not less 
than one-half of the amount apportioned to it for that year from 
the income of the school fund. 

Sec. 23. The general assembly may by general law authorize 
school districts, by a vote of the qualified electors residing there- 
in, to levy for school purposes a tax of not more than five mills on 
the dollar of assessed valuation in any one year. 

Title II— Private Orgranizations. 

ARTICLE IX. 

corporations. 

Section 1. No charter of incorporation shall be granted, 
changed or amended by special law, except in the case of such 
municipal, charitable, educational, penal or reformatory corpora- 



Saturday, July 20, 1889. 77 



tionB as may be under the control of the state; but the general as- 
sembly shall provide by general laws for the organizations of all 
corporations hereafter to be created, and any such law so passed 
shall be subject to future repeal or alteration. 

Sec. 2 All existing charters or grants of special or exclusive 
privileges under which there shall not have been a bona fide or- 
ganization and beginning of business at the time this constitution 
takes effect, shall thereafter be invalid. 

Sec. 3. The general assembly shall have the power to alter, 
revoke or annul any charter of incorporation existing and revoka- 
ble at the time of the taking effect of this constitution or any 
that may thereafter bo created, whenever in its opinion it may be 
injurious to the citizens of the state, in such manner however 
that no injustice shall be done to the corporators or creditors. 

Sec. 4. In all elections for directors or managers of a corpora- 
tion each member or shareholder in person or by proxy may cast 
the whole number of his votes for one candidate or distribute 
them upon two or more candidates as he may prefer. 

Sec. 5. No foreign corporation shall engage in business in this 
state, without having one or more known places of business, and 
an authorized agent or agents in the same upon whom process 
may be served. 

Sec. 6. No corporation shall engage in any business other than 
that expressly authorized in its charter and the law. 

Sec. 7. No corporation shall issue stock or bonds except for 
services performed or money and property actually received. The 
stock and bonded debt of corporations shall not be increased ex- 
cept in pursuance of a general law, nor without obtaining the con- 
sent of the persons holding the larger amount in value of the 
stock at a meeting to be held after thirty days' notice given in 
pursuance of law. 

Sec. 8. The indebtedness of private corporations shall be 
secured by such means as may be prescribed by law, but in no 
case shall any stockholder be made by law individually liable for 
8uch indebtedness in any amount over or above the amount of 
stock owned by him. 

Sec 9. No corporation except for municipal, charitable, edu- 
cational, penal or reformatory purposes and under the control of 
the state, or for the construction or operation of railroads, plank 
roads and canals, shall be created for a longer time than thirty 
years. 

Seo. 10. All railroads and canals shall be public highways, 
and all railroads, canals, transportation and express companies 
shall be common carriers and subject to legislative control, and 
the general assemby shall have power to regulate and control by 
law the rates of charges for the transportation of passengers and 



78 Journal of the Convention, 



freight by such companies as common carriers from one point to 
another in the state; lyrovidcd, however, that such common car- 
riers shall be entitled to charge and receive just and reasonable 
compensation for such trans|X)rtation of freight and passengers 
within the state; and the determination of what is a just and rea- 
sonable compensation shall be a judicial question to be deter- 
mined by the courts. 

Sec. 11. If any railroad, telegraph, express or other corpora- 
tion organized under the laws of this state shall consolidate by 
sale or otherwise with any railroad, telegraph, express or other 
corporation organized under the laws of any other country, state 
or territory, or of the United States, it shall not thereby become a 
foreign corporation, but the courts of this state shall retain juris- 
diction over that part of the corporate property within 
the limits of the state as if said consolidation had not taken place. 

Sec. 12. No railroad corporation, express or other transporta- 
tion company, or the lessees or managers thereof,shall consolidate 
its stock, property or franchises with any other railroad corpora- 
tion, express or other transportation company owning or having 
under its control a parallel or competing line. And in no case 
shall any consolidation take place except upon public notice given 
at least sixty days to all stocKholders, in such manner as may be 
provided by law. 

Sec. 13. No street or other railroad shall be constructed within 
any city, town or other municipality or incorporated village with- 
out the consent of the local authorities having the control of the 
street or highway proposed to be occupied by such street or other 
railroad. 

Sec. 14. Every railroad, telegraph, express or other corpora- 
tion organized or doing business in this state, shall make an an- 
nual report to the auditor; an I the general assembly shall pass 
laws to enforce the faithful' and full performance of this duty, to 
the end that all the doings of such corporations may be publicly 
known. 

Sec. 15. The term "corporation," as used in this article, sheJl 
not be under8too<l as embracing municipalities or political divis- 
ions of the state unless otherwise expressly stated; but it shall be 
held and construed to include all associations and joint etock com- 
panies having any of the powers or privileges of corporations not 
possessed by individuals or partnerships. 

Sec. 16. All corporations shall have the right to sue, and shall 
be subject to be sued in all courts in like cases as natural persons, 
subject to such regulations and conditions as may be prescribed 
by law. 



r 

I 



Saturday, July 20, 1889. 79 

Part 1X1.— The Government. 
OHAP L— State Ooyemment. 

Title I.— Frame of State Government. 

ARTICLE X. 

DISTRIBUTION OF POWERS OF GOVERNMENT. 

Section 1. The powers of the government of this state shall 
he divided into three distinct departments, the legislative, the ex- 
ecutive and the judicial, each of which shall be confided to a sep- 
arate magistracy. 

ARTICLE XI. 

THE LEGISLATURE. 

(1.) Divisioii of the Leijislaiure, 

Section 1. The legislative power shall be vested in a senate 
«uid house of representatives. 

(2.) Senate, 

Sec. 2. The senate shall be composed of not less than one-third, 
M3or more than one-half of the number of representatives. 

Sec. 3. Senators shall be € lected for the term of four years, 
xcept as hereinafter provided. 

SEa 4 No person shall be a senator who is not a qualified 
lector in the district in which he may be chosen, and who shall 
ot have attained the age of twenty-five years, and have been a 
^^resident of the state or territory for two years next preceding his 
lection. 



Sec. 5. At its first session after the adoption of this constitu- 
ion, the general assembly shall fix the numl)er of senators and 
3ivide the state into as many senatorial districts as there are sen- 
tors, which districts, as nearly as may be, shall be ecjual to each 
ther in the number of inhabitants entitled to representation. 
^^iBacli district shall be entitled to one senator and no more, and 
hall be composed of compact and contiguous territory; and 
o county shall be divided between two districts. The districts 
thus ascertained and determined shall continue until changed 
y law. 

Sec. 6. The senatorial districts shall be numbered consecu- 

ively from one upwards, according to the number of districts 

rescribed, and the senators shall be divided into two classes. 

ose elected in the districts designated by even numborK shall 

^i^^nstituto one class, and those elected in districts designated by 

<::idd numbers shall constitute the other class. The senators of one 

<^Ias8 shall hold their ofiices for two years, those of the other class 



L 



80 Journal of the Convention, 



sball hold their offices for four years, and the determination of the 
two classes shall be by lot, so that one-half the senators, as nearly 
as practicable, may be elected biennially. 

Sec. 7. The senate, at the beginning and close of each regular 
session and at such other times as may be necessary, shall elect 
one of its members president i^ro temporCy who may take the place 
of the lieutenant-governor under rules prescribed by law. . 

(5.) House of Represefivtatives, 

Sec. 8. The house of representatives shall be composed of not 
less than seventy-five nor more than one hundred and twenty 
members. 

Sec. 9. Bepresentatives shall be elected for the term of two 
years. 

Sec. 10. No person shall be a representative who is not a qual- 
ified elector in the district for which he may be chosen, and who 
shall not have attained the age of twenty-one years and have been 
a- resident of the state or territory for two years next preceding 
his election. 

Sec. 11. At its first session after the adoption of this constitu- 
tion the general assembly shall apportion the state as nearly as 
possible into representative districts composed of compact and 
continguous territory according to the population, giving, how- 
ever, one representative to each organized county. 

Sec. 12. The house of representatives shall elect one of its 
members as speaker. 

(4.) Members oj Both Houses. 

Sec. 13. No judge or clerk of any court, secretary of state, 
attorney general, recorder, sheriflp or person holding any office of 
profit under this state, except offices in the militia, or the office of 
attorney at law, notary public or justice of the peace, and no per- 
son holding any office of honor or profit under any foreign gov- 
ernment, or under the government of the United States, except 
postmasters whose annual compensation does not exceed the sum 
of three hundred dollars, shall hold any office in either branch of 
the general assembly or become a member thereof. 

Sec. 14. No member of the general assembly expelled for cor- 
mpt'on, and no person convicted of bribery, perjury or other in- 
famous crime shall be eligible to the general assembly or to any 
office in either branch thereof. 

Sec. 15. No men^ber of the general assembly shall during the 
term for which he was elected be appointed or elected to any civil 
office in the state which shall have been created or the emolu- 
ments of which shall have been increased, during the term for 
which he was elected; nor shall any member receive any civil 



>: 



Saturday, July 20, 1889. 81 



appointmont from the governor, or governor and senate, or from 
Ihe general assembly, during the term for which he shall have 
been elected. 

SEa 16. If any person elected to either house of the general 
assembly shall oflFer or promise to give his vote or influence in 
favor of or against any measure or proposition ponding or pro- 
posed to be introduced into the general assembly, in consideration 
or upon condition that any other person elected to the same gen- 
eral assembly will give, or will promise or assent to give, his vote 
or influence m favor of or against any other measure or proposi- 
tion pending or proposed to be introduced into such general as- 
sembly, the person making such offer or promise shall be deemed 
guilty of solicitation of bribery. If any member of the general 
assembly shall give his vote or influence for or against any meas- 
ure or proposition pending or proposed to be introduced into 
J3uch general assembly, or offer, promise or assent so to do upon 
<^ondition that any other member will give, or will promise or will 
assent to give, his vote or influence in favor of or against any 
other measure or proposition pending or proposed to be intro- 
<luced into such general assembly, or in consideration that any 
other member hath given his vote or influence for or against any 
^)ther measure or proposition in such general assembly, he shall 
"be deemed guilty of bribery, and any member of the general as- 
sembly, or person elected thereto, who shall be guilty of either 
^)f such offenses, shall be expelled, and shall not thereafter be eli- 
,^ble to the general assembly; and, on the conviction thereof in 
^he civil courts, shall be liable to such further penalty as may be 
j)re8cribed by law. 

SEa 17. The term of service of the members of the general 
^issembly shall begin on the first Tuesday in January next after 
^heir election. 

SEa 18. The members of the general assembly shall in 
^1\ cases except treason, felony and breach of the peace, be privi- 
leged from arrest during their attendance at the session of their 
^■respective houses, and in going to or returning from the same. 
H'or words used in any speech or debate in either house, they 
^hall not be questioned in any other place. 

Sec. 19. A member who has a personal or private interest in 
^ny measure or bill proposed or pending before the general 
^Msembly, shall disclose the fact to the house of which he is a 
:KDember, and shall not vote thereon without the consent of the 
^ouse. 

SEa 20. The governor shall issue write of election to fill 
such vacancies as may occur in either house of the general 
assembly. 

Sec. 21. Each member of the general assembly shall receive 

as a compensation for his services dollars for each day's 

11 



82 Journal of the Convention, 



attendance during the session of the general assembly, and 

cents for every mile of necessary travel in going to or returning 
from the place of meeting of the general assembly on • the most 
usual route, and shall receive no other compensation, perquisite or 
allowance whatsoever. 

(5.) E(ich House Sepei^ately, 

Sec. 12. A majority of the members of each house shall con- 
stitute a quorum, but a smaller number may adjourn from day to 
day, and may compel the attendance of absent member,^, in such 
a manner and under such a penalty as may be prescribed by 
law. 

Sec. 23. Each house shall be the judge of the election returns 
and qualifications of its own members. 

Sec. 24 Each house shall have power to determine the rules 
of proceeding and punish its members or other persons for con- 
tempt or disorderely behavior in its presence; to protect its mem- 
bers against violence or offers of bribes or private solicitation, and 
with the concurrence of two-thirds to expel a member, and shall 
have all other powers necessary and usual in the general assembly 
of a free state. But no imprisonment by either house shall con- 
tinue beyond thirty days. Punishment for contempt or dis- 
orderly behavior shall not bar a criminal prosecution for the same 
offense. 

Sec. 25. Each house shall keep a journal of its proceedings, 
and the yeas and nays of any question shall be taken and entered 
on the journal at the request of one-sixth of those present. 

Sec. 26. The sessions of each house and of the committee of 
the whole shall be open, unless the business is such as ought to 
be kej^t secret 

Sec. 27. Neither house shall, 'without the consent of the other, 
adjourn for more than three days, or to any other plac^e than that 
in which the two houses shall be sitting, except in case of epi- 
demic, pestilence or other great danger. 

(6.) Both Houses, 

Sec 28. The senate and house of representatives jointly shall 
be designated as the general assembly of the state of North 
Dakota. 

Sec 29. The general assembly shall meet at the seat of gov- 
ernment at 12 o'clock on the first Tuesday after the first Mon- 
day of January, in the year next following the election of members 
thereof. 

Sec 30. In all elections to be made by the general assembly, 
or either house thereof, the members shall vote viva voce, and 
their votes shall be entered in the journal. 



Saturday, July 20, 1889. 83 



Ssa 31. The sessions of the general assembly shall be biennial, 
€9xcept as otherwise provided in this constitution. 

Sec. 32. No regular sessions of the general assembly shall ex- 
<seed ninety days, except in case of impeachment. 

( 7. ) Pdssage of Laics. 

-Sec. 33. Any bill may originate in either house of the general 
Ckssembly, and a bill passed by one house may be amended by the 
other. 

Sec. 34. No law shall be passed, except by a bill adopted 
l>y both houses, and no bill shall be so altered or amended 
on its passage through either house as to change its original pur- 
f>ose. 

Sec. 35. The enacting clause of every law shall be as follows: 
33e it enacted by the general assembly of the State of North Da- 
kota: 

Sec. 36. No bill for the appropriation of money, except for 
trLie expenses of the government, shall be introduced after the 
"twenty-fifth day of the session, except by unanimous consent of 
t^he house in which it is sought to be introduced. 

Sec. 37. No bill shall embrace more than one subject, which 
sliall be expressed in its title; but a bill which violates this pro- 
vision shall be invalidated thereby only as to so much thereoi as 
Bliall not be so expressed. 

Sec. 38. The general appropriation bill shall embrace nothing 
but appropripriations for the expenses of the executive, legisla- 
tive and judicial departments of the state, interest on the public 
debt, and for public schools. All other appropriations shall be 
made by separate bills, each embracing but one subject. 

Sec. 39. Every bill shall be read three several times, but the 

first and second readings, and these only, may be upon the same 

day, and the second Jreading may be by title of the bill, unless 

a leading at length be demanded. The first and third readings 

shall be at length. No legislative day shall be shorter than the 

natural day. 

8ec. 40. No bill shall be considered or become a law unless 
referred to a committee, returned therefrom and printed for the 
Tue of the members. 

8Ea 41. No bill shall be revised or amended or the provisions 
thereof extended or incorporated in any other bill by reference 
to its title only, but so much thereof as is revised, amended, ex- 
tended or so incorporated shall be re-enacted and published at 
length. 

. Sia 42. No bill shall become a law except by a vote of a ma- 
jority of all the members present in each house, nor unless on its 



84 Journal of the Convention, 



final passage the vote be taken by yeas and nays and the names of 
those voting be entered on the journal. 

Sec. 43. The presiding ofiicer of each house shall, in the pres- 
ence of the house over which he presides, sign all bills and joint 
resolutions passed by the general assembly; immediately before 
such signing their titles shall be publicly read; and the fact of 
signing shall be at once entered upon the journal. 

Sec. 44. No act of the general assembly shall take effect unttl 
sixty days after the close of the session, unless in case of emer- 
gency (which shall be expressed in the preamble or body of the 
act), the general assembly shall by a vote of two-thirds or all the 
members present in each house otherwise direct. 

Sec. 45. The general assembly shall pass all laws necessary to 
carry into eflFect the provisions of this constitution. 

(8.) Special Limitations. 

Sec. 46. The general assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: 

For granting divorces. 

Laying out, opening, altering or working roads or highways, 
vacating roads, town plats, streets, alleys, or public grounds. 

Locating or changing county seats. 

Regulating county or township aflFairs. 

Begulating the practice of courts of justice. 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates or constables. 

Changing the rules of evidence in any trial or inquiry. 

Providing for changes of venue in civil or criminal cases. 

Declaring any person of age. 

For limititation of civil actions, or giving eflFect to informal or 
invalid deeds. 

Summoning or impaneling grand or petit juries. 

Providing tor the management of common schools. 

Regulating the rate of interest on money. 

The opening or conducting of any election or designating the 
place of voting. 

The sale or mortgage of real estate belonging to minors or others 
under disability. 

Chartering or licensing ferries or toll bridges or toll roads. 

Remitting fines, penalties or forfeitures. 

Creating, increasing or decreasing fees, percentage or allowances 
of public oflScers. 

Changing the law of descent. 

Granting to any corporation, association or individual the right 
to lay down railroad tracts, or any special or exclusive privilege, 
immunity or franchise whatever. 

For the punishment of crimes. 

Changing the names of persons or places. 



Saturday, July 20, 1889. 85 



For the assessment or collection of taxes. 

Affecting estates of deceased persons, minors or other under 
legal disabilities. 

Extending the time for the collection of taxes. 

Refunding money paid into the state treasury. 

Belinquishing or extinguishing in whole or in part the indebted- 
ness, liability or obligation of any corporation or person to this 
state, or to any municipal corporation therein. 

Legalizing, exc^t as against the state, the unauthorized or in- 
valid act of any officer. 

Exempting property from taxation. 

Restoring to citizenship persons convicted of infamious crimes. 

Authorizing the creation, extension, or impairing of liens. 

Creating offices, or prescribing the powers and duties of officers 
in counties, cities, townships, election or school districts, or author- 
izing the adoption or legitimation of children. 

In all other cases, where a general law can be made applicable, 
no special law shall be enacted. 

Sfia 47. No appropriation shall be made for [charitable, indus- 
trial, education or benevolent purposes, or for the benefit of any 
person, corporation or community not under the absolute control 
of the state, nor shall any appropriation be made or taxation 
authorized for the benefit of any denominational or sectarian 
school, institution or association. 

Sec. 48. The general assembly shall not delegate to any special 
commission, i)rivate corporation, or association any power to make, 
supervise, or interfere with any municipal improvement, money, 
property or effects, whether held in trust or otherwise, or to levy 
taxes or perform any municipal functions whatever. 

Sec. 49. The general assembly shall have no power to author- 
ize lotteries or gift enterprises for any purpose and shall 
pass laws to prohibit the sale of lottery or gift enterprise tickets 
m this state. 

ARTICLE XIL 

THE EXECUTIVE. 

(i.) The Qovemor — QualificaUons, Election and Term. 

Section 1. The chief executive power of this state shall be 
vested in a governor. 

Sec. 2. The governor shall be at least thirty years of age at 
the time of his election; shall be a citizen of the United States, a 
qualified elector of this state, and shall have resided for at 
least two years next preceding his election within this state or the 
territory. 

Sec. 3. The governor shall be chosen by the qualified electors 
of the state at the time and place of choosing members of the 
house of representatives. 



86 Journal of the Convention, 



Sec. 4 The returns of ever election for governer shall (until 
otherwise provided by law) be sealed and sent by the returning 
officers to the seat of government, directed to the speaker of the 
house of representatives, who shall at the session of the general 
assembly next after the election, immediately upon the organiza- 
tion of the house, and before proceeding to other business, open 
and publish the same in the presence of both houses of the 
general assembly in joint convention. 

Sec. 5. The person having the highest number of votes for 
governor shall be declared elected, but if two or more have an 
equal number of votes, and not less than the highest, the two 
houses of the general assembly at their next session shall forth- 
with, by joint vote, choose one of such persons for governor. 

Sec. 6. Contested elections for governor shall be determined 
by both houses of the general assembly on joint ballot in such 
manner as shall be prescribed by law. 

Sec. 7. The governor shall bold his office for two years, begin- 
ning on the first Tuesday in January next after his election, and 
until his successor is qualified. 

Sec. 8. No person shall be elected governor for more than four 
years in any period of six years. 

Seo. 9. The governor shall not hold any other office, civil or 
military, under this state, or the United States, or under any other 
power, during his term of service. 

His Powers. 

Sec. 10. The governor shall be commander-in-chief of the mil- 
itary and naval forces of the state, and shall have power to call 
out the same to execute the laws of the state, to suppress insurrec- 
tions and repel invasion, 

Sec\ 11. The governor shall have power to remit fines and for- 
feitures, and to grant commutations of sentence, and pardons, ex- 
cept in cases of treason and impeachment; but no fine and 
no forfeiture shall be remitted, no pardon shall be granted, and no 
sentence commuted, except upon the recommendation in writing 
of a board of pardons composed of the lieutenant-governor, secre- 
tary of state and attorney -general, or of any two of the members 
of said board, after full hearing, upon due public notice, and in 
open session ; and such recommendation, with the reasons therefor 
at length, shall be recorded and filed in the office of the secretary 
of state. The general assembly shall by law prescribe the ses- 
sions of said board of pardons and the manner in which applica- 
tion shall be made, and regulatate the proceedings thereon; the 
written proceedings and decisions of said board and all papers 
used at any hearing shall be filed in the office of the secretary of 
state ; the board of pardons may grant commutations and pardons 
either absolutely or upon such conditions as said board may deem 
proper. 



Saturday, July 20, 1889. 87 



Sec. 12. The governor shall have power to grant respites or re- 
pieves for any time not exceeding ninety days, in all eases, except 
treason or conviction on impeachment, but such respite or re- 
prieve shall not (in any case) extend beyond the end o£ the next 
session of the board of pardons. 

Sec. 13. The governor may, upon a conviction of treason, suspend 
the execution of the sentence and report the same to the general 
assembly at its next session, when the general assembly may 
either pardon or commute the sentence, or grant a further reprieve. 

Sec. 14. The governor shall nominate, and by and with the 
consent of a majority of the senators elected, appoint all officers 
whose offices are established by this constitution, or which may he 
created by law, and whose appointment, is not otherwise herein or 
by law provided for. In deliberating upon executive nomina- 
tions the senate may sit with closed doors, but in acting thereupon 
it shall sit with open doors, and the vote shall be taken by ayes 
and noes to be entered upon the journal. No person after being 
rejected by the senate shall be again nominated for the same 
office at the same session unless at the request of the senate. 

Sec. 15. The governor shall have power to remove for incom- 
petency, neglect of duty, or malfeasance in office, any officer whom 
he may appoint, and who is not liable to impeachment, and he 
may deciare the office vacant, and fill the same as herein provided 
in other cases of vacancy. 

Sec. 16. Every bill, order, resolution or vote in which the con- 
currence of both houses may be necessary, except on the question 
of adjournment, or relating solely to the mode of transacting bus- 
iness of the two houses, shall be presedted to the governor. If he 
approve, he shall sign it, and thereuix)n it shall become a law, but 
if he do not approve, he sh^l return it with his objections to the 
house in which it originated, which shall enter the objections at 
large upon its journal and proceed to reconsider the bill. If then 
two-thirds of the members elected to the house vote to pass the 
same, it shall be sent together with the objections to the other 
house by which it shall likewise be reconsidered, and if approved 
by two-thirds of the members elected to that house, it shall be- 
come a law (notwithstanding the objecticns of the governor), but 
in all such cases the vote of each house shall be determined by 
ayes and noes, to be entered upon the journal. Any such bill, or- 
der, resolution or vote which shall not be returned by the gov- 
ernor within five days (Sundays excepted), after it shall have been 
pree*ented to him, shall become a law in like manner as if he had 
signed it, unless the general assembly shall by their adjournment 
prevent its return, in which case it shall become a law at the ex- 

triration of ten days after it shall have been presented to him, un- 
ess he shall file the same with his objections in the office of the 
secretary of state, and give notice thereof by public proclamation 
within said ten days. 



88 Journal of the Convention, 



Sec. 17. Every bill making appropriations of money out of 
the treasury shall specify the objects and purposes for which the 
same are made, and shall appropriate the several amounts in dis- 
tinct items (and sections.) If any such bill presented to the 
governor contains several and distinct items of appropriations of 
money, the governor shall have the power to object to one or more 
of such items while approving the other portion of the bill, and 
the part or parts appi'oved shall become law. In such a case he 
shall append to the bill at the time of signing it, a statement of 
the items to which he objects (with his objectious), and no item 
so objected to shall take effect. If the general assembly be in 
session, he shall (within five days) transmit to the house m which 
the bill originated a copy of such statement, and the items object- 
ed to shall be separately recx^nsidered; if upon reconsideration, 
one or more of such items shall be approved by two-thirds of the 
members elected to each house, such items shall become part of 
the law, notwithstanding the objections of the governor. All the 
provisions of this article in relation to bills not approved by the 
governor shall apply in cases in which he shall withhold his ap- 
proval from any item or items (or section or sections) contained 
in a bill appropriating money. 

Sec. 18. He shall have power upon extraordinary occasions to 
summon the general assembly by proclamation, stating therein 
the purpose for which it is convened, but the general assembly 
when so convened shall transact no legislative business except 
that for which it is especially convened, except by consent of two- 
thirds of the members elected to each house. The governor shall 
also have power to call the senate together to act upon executive 
business. 

8eo. 19. He shall have the power at any time to require infor- 
mation in writing, under oath or otherwise, from any executive 
officer or from any officer or manager of a state institution uix)n 
any subject relating to the duties, condition, management ani ex- 
penses of the office or institution of any such officer or manager. 

His Duties, 

Sec. 20. The governor shall reside at the seat of government 

Sec. 21. The governor shall at the beginning of each session, 
by written message, give information to the general assembly of 
the condition of the state, and shall recommend such measures as 
he shall deem expedient. 

Sec. 22. He phall, at the beginning of each regular session, 
present to the general assembly estimates of the amount of money 
required to be raised by taxation for all purposes; account to the 
general assembly as may be prescribed by law for all moneys re- 
ceived and paid out by him from any funds belonging to the state 
with the vouchers therefor; report to tlie general assembly each 
case of remission of fine, reprieve, commutation or pardon grant- 



Saturday, July 20, iaS9. 89 



ed by him, stating the name of the convict, the crime of which he 
is convicted, the sentence and its date, and the date of the remis- 
sion, reprieve, commutation or pardon, with the reasons for grant- 
ing the same, and transmit to the general assembly the several 
reports and official recommendations that he shall have received 
since the last session from all state officers, officers of state insti- 
tutions, or other officers, who may be required to report to him. 

Sec. 23. All commissions shall be in the name and by author- 
ity of the state of North Dakota, shall be sealed with the great 
seal, shall be signed by the governor and countersigned by the 
secretary of state. 

Sec. 24. The governor shall take care that the laws be faith- 
fully executed. 

Sec. 25. The governor shall be liable to impeachment for cor- 
ruption or gi'oss misccmduct in office, gross immorality, habitual 
drunkenness or any high crime or misdemeanor, in the manner 
herein provided. 

Vacancies, 

Sec. 26. In case of the death, conviction on impeachment, 
conviction of felony or infamous crime, failure to qualify, ab- 
sence from the state, removal from office, resignation or other 
disability of the governor, the powers, duties and emoluments of 
the office for the residue of the term, or until the disability shall 
be removed, shall devolve upon the lieutenant-governor. 

Sec. 27. In case of the death, resignation or any disability 
designated in section 26 of both the governor and lieutenant- 
governor, the president of the senate pro tempore shall act as gov- 
ernor until the vacancy be filled or the disability of either the 
governor or lieutenant-governor shall be removecl; if the presi- 
dent of the senate for any of the causes mentioned in case of the 
governor shall become incapable of performing the duties of gov- 
ernor, such duties shall devolve upon the speaker of the house of 
representatives. 

(2.) Lieuienanf-Govemor, 

Sec. 28. There shall be a lieutenant-governor who shall be 
chosen by the qualified electors of the state at every election for 
governor, and in the same manner and for the same term. 

Sec. 29. Returns of the election of lieutenant-governor shall 
be made and published in the same manner as provided in case of 
the governor; contested elections of lieutenant-governor shall be 
determined by both houses of the general assembly on joint bal- 
lot in the manner prescribed by law. 

Sec. 30. The provisions of sections 2, 7, 8, 9 and 25, as to the 
qualifications for the office of the governor, his term of office, his 
inability to hold other offices, and impeachment, shall apply also 
to the beuteuant-governor. 
12 



90 Journal of the Convention, 



Sec. 31. The lieutenant-governor shall, by virtue of his office, 
be piesident of the senate, but he shall have only a casting vote 
therein. He shall also preside over the joint assembly of both 
houses and shall have a casting vote therein. 

Sec. 32. In case of the absence, death, resignation, failure to 
qualify, refusal to serv^e, conviction on impeachment, or other dis- 
ability of the lieutenant-governor, or when he shall hold the 
office of governor, the president of the senate pro tempore shall 
perform the duties of the lieutenant-governor until the vacancy be 
filled, or the lieutenant-governor return, or his disability be re- 
moved. 

(3,) Secretary of State. 

Sec. 33. There shall be a secretary of state who shall be 
chosen by the qualified electors of the state at every election for 
governor, and in the same manner and for the same term. 

Sec. 34. He shall possess the same qualifications for office as the 
governor, except that he need not be more than twenty-five years 
of age when elected. 

Sec. 35. He shall have the custody of the seal of the state. 
The seal of the territory of Dakota, as now used, shall be the 
great seal of the state until otherwise provided by law. 

[Describe the Seal.] 

Sec. 36. The secretary of state shall keep a true record of the 
official acts of the governor, and he shall lay the same, together 
with all papers relating thereto, before either house of the gen- 
eral assembly whenever required so to do, unless the governor 
shall certify that in his opinion the public interest reauires that 
they be withheld; and he shall authenticate all the publications of 
the law. 

Sec. 37. He shall, by virtue of his office, be state librarian, and 
perform such other duties as may be prescribed for him in the 
constitution. 

Sec 38. The secretary of state shall, before he enters upon 
the business of his office, give bonds, with sufficient sureties, m a 
reasonable sum, to be provided by law, for the performance of his 
duties. 

{4.) State Auditor. 

Sec. 39. There shall be a state auditor, who shall be chosen by 
the qualified electors of the state, at every election for governor, 
and in the same manner and for the same term. 

Sec. 40. He shall possess the same qualifications for office as 
the secretary of state. 

Sec. 41. The state auditor shall prescribe the mode of keeping 
and rendering all public accounts, superintend the prompt col- 



Saturday, July 20, 1889. 91 



lection of all taxes and revenue, preserve all public accounts, and 
audit all claims against the state; draw warrants upon the public 
treasury in favor of the public creditors, and have the geueral su- 
periutendeuce of the fiscal off airs of the state. 

(.5.) State Treasurer. 

Sec. 42. There shall be a state treasurer, who shall be chosen 
by the qualified electors of the state, at every election for gov- 
ernor, and in the same manner and for the same term. 

Sec. 43. He shall possess the same qualifications for office, and 
shall give the same bond as the secretary of state. 

Sec. 44. The treasurer shall receive all moneys, funds, bonds 
or other securities belonging to the state in such manner as may 
be provided by law, and disburse the public moneys only as may 
be directed by law. He shall pay no warrant or order for the dis- 
bursement of public moneys except upon the order of the state 
auditor, in such manner as shall be prescribed by law and perform 
such other duties as may be prescribed for him in the consti- 
tution, or by law. 

(6.) Attorney General. 

Sec. 45. There shall be an attorney-general, who shall be 
chosen by the qualified electors of the state, at every election for 
governor, and in the same manner, and for the same term. 

Sec. 46. He shall possess the same qualifications for office as 
the secretary of state, and shall have been admitted to practice in 
the supreme court of this state or the territory. 

Sec. 47. The attorney-general shall be the law officer of the 
state; he shall prosecute and defend on the part of the state, dur- 
ing his term of service, all cases brought by or against the state, 
or wherein the state is interested. 

Sec. 48. He shall, whenever required, give legal advice in 
writing to either house of the general assembly on any matter 
pending before it, and to the governor and to any other officer, or 
board, of the executive department, on any matter connected with 
the business of the executive department. 

Sec. 49. He shall, upon proper occasions, in behalf of the state, 
inquire into the charter rights of all private corporations 
and seek a judicial forfeiture of such charter, unless otherwise 
provided by law. 

( 7. ) Superintendent of Public Instructiori. 

Sec. 50. There shall be a superintendent of public instruction, 
who shall be chosen by the qualified electors of the state at every 
election for governor, in the same manner and for the same term. 

Sec. 51. He shall possess the same qualifications for office as 
the governor. 



92 Journal of the Convention, 



Sec. 52. He shall, under tlie direction of the board of educa- 
tion, have the supervision of all matters relating to the public 
schools and public instruction, and of all public buildings de- 
voted to educational purposes except the state university; he shall 
be president of the board of education and perform such other 
duties as may be prescribed for him in the constitution. 

(8.) Commissioner of Public Lands. 

Sec. 53. Theie shall be a commissioner of public lands, who 
shall be chosen by the qualified electors of the state at every 
election for governor, and in the same manner and for the same 
term. 

Sec. 54. He shall possess the same qualifications for office as 
the secretary of state. 

Sec. 55. He shall have supei-vision of the land office of the 
state, at the seat of government, and be custodian of the land 
titles of the state. 

Sec. 56. He shall organize at the seat of government a bureau 
of statistics of labor and industrial resources, and by virtue of his 
office shall be commissioner of the bureau. The general as- 
sembly shall provide for periodic reports by such commissioner 
upon the agricultural, mining, timber and other business, inter- 
ests of the state as may be prescribed by law, and shall further 
prescribe the duties of such commissioner. 

( 9. ) State Executive Boards. 

Sec. 57. The board of public lands and property shall be com- 
posed of the secretary of state, attorney-general, state treasurer 
and commissioner of public lands. Said board shall have super- 
vision of all the buildings, grounds and lands of the state, except 
school lands aud buildings for educational purposes, and except 
buildings the supervision of which is otherwise in this constitu- 
tion provided for; and the members of said board shall perform 
such other duties and be subject to such other regulations as may 
be prescribed by law. 

Sec. 58. The board of school lands and funds shall be com- 
posed of the secretary of state, state treasurer, attorney-general 
and superintendent of public instruction and commissioner of 
public lands. Said board shall, under the direction of the gen- 
eral assembly, have power to lease and sell the lands, and shall 
manage the funds, set apart for educational purposes, except for 
the state university. 

Sec. 59. The board of claims shall be composed of the attor- 
ney-general, state auditor and state treasurer. Such board shall 
have power to examine all claims against the state, except claims 
for salaries, compensation and fees of officers fixed by law, and 
shall perform such other duties connected with said claims as may 



Saturday, July 20, 1889. 93 



be prescribed by law. No claim against the state, except for sal- 
aries and the compensation and fees of officers fixed by law, shall 
be passed upon by the general assembly without first having been 
considered and acted upon by said board. 

Sec. 60. The board of health shall be composed of the attor- 
ney-general and of two skilled physicians appointed by the gov- 
ernor with the consent of the senate, each, for a term of four 
years. They shall have the supervision, under direction of the 
general assembly, of the quarantine of the state, and of all matters 
affecting the public health; and shall recommend to the general 
assembly such public sanitary measures as they shall deem ex- 
pedient, and shall perform such other duties relating to the pub- 
lic health as the general assembly may prescribe. County boards 
of health shall be established which shall be subject to the super- 
vision of the state board to such an extent as the general as- 
sembly may prescribe 

Sec. 61. The general assembly may provide that such officers 
of the executive department mentioned in this article as they may 
designate, excepting such members of the board of health, as are 
appointed by the governor, shall perform the duties of commis- 
sioners of the sinking fund and of a board of public works, sub- 
ject to such rules and regulations as shall be prescribed. The 
executive officers hereafter designated in the constitution shall 
compose the boards of education and of equalization of taxes. 

Sec. 62. The coal lands belonging to the state shall never be 
sold, but the general assembly may, by general laws, provide for 
leasing the same. The words "coal lands" shall include lands 
bearing lignite coal. 

(10.) Adjtdant'OcneraL 

Sec. 63. There shall be an adjutant-general, who shall be ap- 
pointed by the governor. 

Sec. 64. He shall hold his office for two years, and until his 
successor is qualified, except as herein provided. 

Sec. 65. He shall, unless absent under orders on duty, dis- 
charge the duties of his office at the seat of government. 

Sec. 66. He shall be responsible for the safe-keeping of the 
militiary records, relics and banners of the state, and perform such 
other duties and receive such compensation as may be prescribed 
in the constitution and by law. 

(ii.) General^Provisions (is to Executive Officers, 

Sec. 67. Ketums of the election of each of the officers to be 
chosen by the qualified electors of the state pursuant to this 
article shall be made, published and declared in the same manner 
provided in case of the governor. 



94 Journal of the Convkntion, 



Sec. 68. Contested elections of each of said officers, except the 
governor and lieutenant-governor, shall be determined in the 
manner prescribed by law. 

S£C. 69. All state executive officers named in this article, 
except the lieutenant-governor, shall reside at the seat of govern- 
ment, where they shall keep the books, records and papers per- 
taining to their respective offices. All state executive officers 
shall perform the duties rec^ui red by them by the constitution, 
and by law. 

Sec. 70. The state auditor and the state treasurer shall ever 
year, at a time the general assembly may fix, make a full and com- 
plete report to the governor, showing all receipts and disburse- 
ments of revenue, all claims audited and paid by the state by 
items, and all taxes collected and paid into the treasury, and from 
what sources, and they shall make reports oftener on any matter 
pertaining to their respective offices if required by the • governor 
or by the general assembly. 

Sec. 71. All officers of the executive department, except the 
governor and lieutenant-governor, and all state executive boards 
and all officers and managers of state institutions shall at least 
twenty days preceding each regular session of the general as- 
sembly make full and complete reports of their actions to the 
governor, who shall transmit the samo to the general assembly. 

Sec. 72. All officers of the executive department, and all state 
executive boards, and all officers and managers of public institu- 
tions of the state shall keep an account of all public moneys re- 
ceived by them severally from all sources and for every service, 
and all public moneys disbursed by them severally, and shall 
make a semi-annual report thereof to the governor and severally 
account for public money received and paid by them respectively, 
with the vouchers therefor, to the general assembly in the man- 
ner prescribed by law. 

Sec. 73. The governor, and officers named in this article shall 
(until otherv^'ise provided by law) receive, quarterly, compensa- 
tion per annum, as follows: 

The governor 

The secretary of state 

The attorney-general 

The state auditor 

The state treasurer ; 

Commissioner of public lands 

Superintendent of public instruction 

Each member of the board of health appointed by 
the governor 

The lieutenant-governor shall receive twice the com- 
pensation ot a senator. 



Saturday, July 20, 1889. 95 



Sec. 74. No additional allowance, emolument, or peniuisste shall 
be paid to either of the officers named in section 73, on any 
account, but the general assembly may provide for payment of 
mileage to any officer named in this article for necessary travel 
within the state, in the performance of his official duty. Such 
officers shall have such stenographic or other clerks as may be 
provided by law. 

ARTICLE XIII. 

THE JUDICIARY. 

(1.) Distribution of Judicial Poioers. 

Section 1. The judicial power of the state, except as in this 
constitution otherwise provided, shall be vested in a court for the 
trial of impeachments, a supreme court, district courts, county 
courts, justices of tlie peace and such courts as may be created by 
law for cities and incorporated towns. 

{2.) Court of Impeachment, 

Sec. 2. The house of representatives shall have the sole power 
of impeachment. The concurrence of a majority of the members 
elected shall be necessary to direct an impeachment 

Sec. 3. The governor and all civil state officers shall be liable 
to impeachment for gross misconduct in office, corruption in office, 
mross immorality, habitual drunkenness, or any high crime or mis- 
demeanor. 

Sec. 4 No person shall be tried on impeachment unless he 
shall have been served with an attested copy thereof at least 
twenty days previous to the day set for trial. 

Sec. 5. All impeachments shall be tried by the senate, and, 
when sitting for that purpose, the senators shall take an oath or 
affirmation to do justice according to law and evidence. The chief 
justice shall preside unless he is impeached or otherwise disquali- 
fied, when the senate shall select a presiding officer. 

Sec. 6. No person shall be convicted without the concurrence 
of two-thirds of the senators elected. 

Sec. 7. Judgment shall not extend further than removal from 
office and disqualification to hold and enjoy any office of honor, 
profit or trust under this state; but the person impeached, whether 
Convicted or acquitted, shall nevertheless he liable to prosecution 
and punishment according to law. 

(5.) Suj>rer)ie Court, 

Sec. 8. The supreme court, except as otherwise provided in 
this constitution, shall have appellate jurisdiction only, which 
^hatl be co-extensive with the state. It shall have a general super- 
intending control over all inferior courts, under such regulations 
«^nd limitations as may be prescribed by law. 



96 Journal of the Convention, 



Sec. 9. The supreme court and the judges thereof shall have 
power to issue writs of habeas corpus^ mamldmus, quo warranto^ 
cei'tiorariy injunction, prohibition and other original and remedial 
writs, with authority to hear and determine the same. And when 
a jury may be required by the supreme court to try an issue of 
fact, the court shall have power to summon a jury to try such 
question in that court. 

Sec. 10. At least two terms of the supreme court shall be held 
ea^;h year at the seat of government. 

Sec. 11. The supreme court shall consist of a chief justice, to 
be elected as such, and two associate justices, all of whom shall 
be elected by the qufilified electors of the state at large. 

Sec. 12. The number of said judges may, after five years from 
the admission of the state under this constitution, be increased by 
law to not exceeding five. 

Sec. 13. A majority of the judges of the supreme court shall 
be necessary to form a quorum or to pronounce a decision, but one 
or more of said judges may adjourn the court. 

Sec. 14. Each judge of the supreme court shall be, at the time 
of his election, at least thirty years of age; he shall have resided 
in this state or the territory for two years next preceding his elec- 
tion, and shall be a meml^r of the bar in this state or the territory 
of at least five years* standing. 

Sec. 15. The term of office of judges of the supreme court, 
except as otherwise provided by the constitution, shall be six years. 

Sec. 16. The judges of the supreme court shall, immediately 
after the first election under this constitution, be classified by lot, so 
that one shall hold office for two years, one for four years and one for 
six years. And thereafter one-third, as nearly as may be, shall be 
elected every second year. The lot shall be drawn by the judges 
at the seat of government, and they shall cause the result thereof 
to be certified to the secretary of state, who shall file the same in 
his office. 

Sec. 17. There shall be a clerk of the supreme court elected 
by the qualified electors of the state, who shall hold office for four 
years, subject to removal by the court. His compensation shall 
be fixed by law, and his duties shall be prescribed by law and by 
the rules ot the supreme court. 

Sec. 18. The supreme court shall appoint one reporter of its 
decisions, who shall hold office for four years, subject to removal 
by the court. His compensation shall be fixed by law, and his- 
duties shall be prescribed by law and by the rules of the supreme 
court. 

Sec. 19. The general assembly shall make provision for th^ 
publication and distribution of the decisions of the supreme!^ 
court, and for the sale of the published volumes thereof. N 




Saturday, July 20, iaS9. 97 



private person or corporation shall be allowed to secure any copy- 
right in such decisions, and if any copyrights are secured they 
shall enure wholly to the benefit of the state. 

SEa 20. When a judgement or decree is reversed or affirmed 
by the supreme court, every point fairly arising upon the record 
of the case shall be considered and decided, and the reasons there- 
for shall be concisely stated in writing, signed by the judges con- 
curring, filled in the office of the clerk of the supreme court and 
preserved with a record of the case. Any judge dissenting there- 
from may give the reasons of his dissent in writing over his sig- 
nature. 

Sec. 21. It shall be the duty of the court to prepare a syllabus 
of the points adjudicated in each case which shall be concurred 
in by a majority of the judges thereof, and it shall be prefixed to 
the published report of the case. 

Sec. 22. The supreme court shall have power to make rules 
for the government of* said court and the other courts of the state, 
rales of practice and rules for admission to the bar of the courts 
of the state. 

Sec. 23. Except as otherwise provided in this constitution, no 
duties other than those prescribed herein shall be imposed by 
law upon the supreme court or any of the judges thereof, and 
none of the judges shall exercise any power of appointment. 

Sec. 24 No judge of the supreme court (or of 'any court of 
record) shall sit in review of a decision made by him, or in any 
case wherein he may be interested, or where either of the parties 
may be connected with him by affinity or consanguinity within such 
degree as may be prescribed by law, or where he shall have been 
counsel in the case. 

Sec. 25. Whenever all or a majority of the judges of the su- 
preme court shall from any cause be disqualified from sitting in 
Hny case in said court, the governor shall, with the advice and 
consent of a majority of the senators elected, assign judges of the 
district court not disqualified in the manner aforesaid, who shall 
Bit in such case in place of such disqualified judges, with all the 
powers and duties of judges of the supreme court. 

Sec. 26. The judges of the supreme court shall give their 
opinion upon important questions of law and upon solemn occa- 
sions, when required by the governor, the senate or the house of 
:representatives; and all such opinions shall be published in con- 
nection with the reported decisions of said court 

(4.) Districi Courts. 

Sec. 27. The state shall be divided by the general assembly 
into convenient districts not to exceed six in number, unless the 
number he increased by a vote of two-thirds of the members 
elected to each house of the general assembly. 



!)fi Journal of the Convention, 



Hk(\ IK The Hupremo (U)urt and the judges thereof shall have 
powor t*) i»rtiin writi^ of liahra^ corpus, manddmus, quo uxirranto^ 
vrrliorari, injuiiotion, prohibition and other original and remedial 
writs, with authority to li(»ar and detormine tlie same. And when 
A jury may 1h» rotiuirtMl by tlio supremo court to try an issue of 
fart, Iho court shall have iK>wcr to summon a jury to try such 
(piostion in that ri)urt. 

Sk(\ li\ At least two terms of the supremo court shall be held 
imi'h year at the seat of gt>vernmcnt. 

SF.r. 11. The supriMuo court shall consist of a chief justice, to 
be clecttHl as su(*h, and two a.^S(HMate justices, all of whom shall 
U* ehn'tctl by the qu)ditied elect oi-s of the state at large. 

SK.r. lA 'Ihe numln^r of said judges Miay, after five yc^ars from 
the ndmissiiui of the state under this constitution, be increased by 
law to not t»\ceeding live. 

SKr, VX A majority of the judges of the supreme court shall 
U* utHvssjiry to ft>rm a qui^rum or to pnmounce a decision, but one 
t>r mon* of said jutlges may adjourn the ctMirt. 

Sko. 14. \\iw\\ judjje of the sujireme court shall be, at the time 
of his ehvtion. at least thirty years of age; he shall have resided 
in this state or the territory for two years next pninnling his elec- 
tion, and shall Iv a mendvr of the bar in this state or the territory 
of at K\*ki! tivo Years' standi ni:. 

S»\\ 1"\ The term of otlice of judges of the supreme court, 
o\%vp: ."is o:herwise j>rxwidt\l by the ctuisiitution, shall be six years. 

Si\\ Ifv TV.e judjres of the supnMiie ciMirt shall, immediately 
after :he r.:s: e'.tvtion under this ^\Mistitution. Iv olassifieil by lot, so 
th:U o::e sVs'.'! hv^M o:?:^^ for two vears, one for four veare and one for 
six yearsw Ar.^: tlur^v^fror or.^MlMni. as nearly as may he. shall be 
ouv!*\i I very seivr..: vesr. The lot shall Iv drawn by the jadf^es 
at tV.o><\s: i^f :rv^Yernr.^er.% ar.? :!iev shall caust^ the result thereof 
to Iv- vvr::r.t>i ro :he s<vre:Arv of state, who shall file the same in 

S>\\ IT. Thi re sr.al*. Iv a clerk of the supi^pme court elected 

bv :::o *r.:.s'*.r.e.; •;*i\:ors i^f the s:A:e. who shal: hoL: office for foui^ 
\oArs. s;;V;«v: :o ro'-rov^; bv ::ie iv::n His oonijvnsation shall -■ 

Iv r.\e,: V\ '..sw, sr..; r.:s viv.::-:'> shs'.* Iv prt>>«.T:lvsi by law and by ' 

Sv\\ IS VV.-; <v.rr::v.r .vT.r: sV.^:'. .sp;>v;r.t o::e rvwner <rf itE=- '^ 
.l;v-.>:,'^::<^ >•":-. ^ s':.sV. ":..*.'. :r.>. f r frv.: vtwr?^ s-^jtv: to reinoTaK -* 
V \ : '; : .\^ V, T : H : > . \ :v. : »■; : >;. :: . r. s ; . .s *. ". ': h- r. s •:' ; V \ ? aw, and hi^ "^^ 

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vv.V'*. .*,: V .'.*■.■. .>:-:.-.:-. f ::-. 'i':!>-.:-.> f the suprem 




Sattidat. Jclt A\ 1:^, »7 



pnT«a& penoc <>r coriwruioB shall he allow^i k> s^x^utv* *i^- c\^^v* 
ri^c im satk «ie«fkaoo& and if any \\>pyri^hls aiv^ $^v\in\t ih^y 
siiall einue vlfeoilT to the h^De£l of ;ho slate. 

Sb:. Hk When a jodgemenc or vUx*ree is reveise^i x>r adirmts) 
by Uie 5«ipn3>me coiiit« every wini fairly arising ufK^i) ihe re\vr\l 
ol the inse shall be considerea and deoi^ksL and the r\vis^u)$ Uien^ 
Cor shall be concisely statied in writing* si^itHl by the juil^'ti i\>n- 
caning filled in the office of the clerk of the supiviue iXHirt aiul 
preserred vith a record of the i*ase. Any jml^ \ti^^'ntii^ ihen^ 
oom may give the reasons of his dissent in writing; over ni« !<ig* 



Sec 2L It shall be the duty of the c^^urt to pro|>an^ a syllabus 
of the points adjndicateil in each case which shall W ivncurrtHl 
in by a majority of the jmlges therei>f« am) it shall W pn^Axtn) to 
the published report of the case. 

Sec. 22. The supreme court shall have jx^wer to make ruU^ 
lor the government of said cinirt and tlie other ct^urt8 of the statts 
rules of practice and rules for admission to the l>Hr of the iH^urt8 
of the state. 

Sea 23. Except as otherwise pnn-ideil in this iMUstitution* no 
duties other than those prescril>eil hennn shall 1h' iniivoMHl by 
law upon the supreme court or any of the judj»i^s thortH^f, and 
none of the judges shall exen*ise any |x>wer of ap|K>intiuent, 

Sec 24. No judge of the supreme t\">urt (or of tiny iH>urt of 

J^Qoord) shall sit in review of a dtH*ision made by him, or in any 

<^ase wherein he mav be interested, or when* either of tho jmrtii^ 

itiay be connected with him by affinity or iH^nsanguinitv within hucIi 

degree as may be prescribed by law, or whore ho shad Imvt^ Ih»ou 

<^nnsel in the case. 

SEa 25. Whenever all or a majority of tho jud^oH of tho hu- 
t^reme court shall from any cause bo dimiutiliKod from nittinf^ in 
^ny case in said court, the governor shall, with tht^ mlvictt and 
^^onsent of a majority of the senators elected, asHi^n jud^oH of Uio 
district court not disqualified in tho manner aforesaid, who nhull 
^it in such case in place of such disipnilifiod judgoH, with all tho 
X^owers and duties of judges of the supremo (*.ourt. 

Sec. 26. The judges of the supremo <*ourt shall ^ivt^ thoir 
K^pinion upon important (|uestious of law and n]N)n Hoh«nni occa- 
sions, when required by tho governor, tho senate or the hotiHi« of 
^^-epresentatives; and all such opinions shall he published in (Hin- 
^ection with the rei>orted decisions of sai<l (M)urt 

(4.) District CouHh, 

Sec. 27. The state shall l>e divided by the general iiHHenibly 
into convenient districts not to excreed six in nufnlN*r, unN*HH the 
number be increasecl bv a vott^ of two-thirds of the niendiers 
elected to each house oi the general assiMubly. 



96 Journal op the Convention, 



Sec. 9. The supreme court and the judges thereof shall have 
power to issue writs of hnhexis corpus, mandnmus^ quo warranto^ 
certiorari, injunction, prohibition and other original and remedial 
writs, with authority to hear and determine the same. And when 
a jury may be required by the supreme court to try an issue of 
fact, the court shall have pow^er to summon a jury to try such 
question in that court. 

Sec. 10. At least two terms of the supreme court shall be held 
ea<;h year at the seat of government. 

Sec. 11. The supreme court shall consist of a chief justice, to 
be elected as such, and two associate justices, all of whom shall 
be elected by the qufilified electors of the state at large. 

Sec. 12. The number of said judges may, after five years from 
the admission of the state under this constitution, be increased by 
law to not exceeding five. 

Sec. 13. A majority of the judges of the supreme court shall 
be necessary to form a quorum or to pronounce a decision, but one 
or more of said judges may adjourn the court. 

Sec 14. Each judge of the supreme court shall be, at the time 
of his election, at least thirty years of age; he shall have resided 
in this state or the territory for two years next preceding his elec- 
tion, and shall be a meml>er of the bar in this state or the territory 
of at least five years* standing. 

Sec. 15. The term of office of judges of the supreme court, 
except as otherwise provided by the constitution, shall be six years. 

Sec 16. The judges of the supreme court shall, immediately 
after the first election under this constitution, be classified by lot, so 
that one shall hold oflBce for two years, one for four years and one for 
six years. And thereafter one-third, as nearly as may be, shall be 
elected every second year. The lot shall be drawn by the judges 
at the seat of government, and they shall cause the result thereof 
to be certified to the secretary of state, who shall file the same in 
his office. 

Sec 17. There shall be a clerk of the supreme court elected 
by the qualified electors of the state, who shall hold ofiice for four" 
years, subject to removal by the court. His compensation shall 
be fixed by law, and his duties shall be prescribed by law and by^ 
the rules or the supreme court. 

Sec 18. The supreme court shall appoint one reporter of it^ 
decisions, who shall hold office for four years, subject to removal 
by the court. His compensation shall be fixed by law, and hi^ 
duties shall be prescribed by law and by the rules of the supreme 
court. 

Sec 19. The general assembly shall make provision for the? 
publication and distribution or the decisions of the supreme? -• 
court, and for the sale of the published volumes thereofc 'So ^ 



Saturday, July 20, iaS9. 97 



private person or corporation shall be allowed to secure any copy- 
right in such decisions, and if any copyrights are secured they 
shall enure wholly to the benefit of the state. 

Sec. 20. When a judgement or decree is reversed or affirmed 
by the supreme court, every point fairly arising upon the record 
of the case shall be considered and decided, and the reasons there- 
for shall be concisely stated in writing, signed by the judges con- 
curring, filled in the office of the clerk of the supreme court and 
preserved with a record of the case. Any judge dissenting there- 
from may give the reasons of his dissent in writing over his sig- 
nature. 

Sec. 21. It shall be the duty of the court to prepare a syllabus 
of the points adjudicated in each case which shall be concurred 
in by a majority of the judges thereof, and it shall be prefixed to 
the published report of the case. 

Sec. 22. The supreme court shall have power to make rules 
for the government of said court and the other courts of the state, 
rules of practice and rules for admission to the bar of the courts 
of the state. 

Sec. 23. Except as otherwise provided in this constitution, no 
duties other than those prescribed herein shall be imposed by 
law upon the supreme court or any of the judges thereof, and 
none of the judges shall exercise any power of appointment. 

Sec. 24. No judge of the supreme court (or of 'any court of 

record) shall sit in review of a decision made by him, or in any 

case wherein he may be interested, or where either of the parties 

may be connected with him by affinity or consanguinity within such 

degree as may be prescribed by law, or where he shall have been 

oounsel in the case. 

SEa 25. Whenever all or a majority of the judges of the su- 
jDreme court shall from any cause be disqualified from sitting in 
^ny case in said court, the governor shall, with the advice and 
c^onsent of a majority of the senators elected, assign judges of the 
ciistrict court not disqualified in the manner aforesaid, who shall 
^it in such case in place of such disqualified judges, with all the 
;|x>wers and duties of judges of the supreme court. 

Sec. 26. The judges of the supreme court shall give their 

^Dpinion upon important questions of law and upon solemn occa- 

«on8, when required by the governor, the senate or the house of 

representatives; and all such opinions shall be published in con- 

Tiection with the reported decisions of said court 

(4.) District Courts. 

Sec. 27. The state shall be divided by the general assembly 
into convenient districts not to exceed six in number, unless the 
number be increased by a vote of two-thirds of the members 
elected to each house of the general assembly. 
13 



96 Journal op the Convention, 



Sec. 9. The supreme court and the judges thereof shall have 
power to issue writs of habeas corpus, manilnmus, quo warranto^ 
CiU'tiorari, injunction, prohibition and other original and remedial 
writs, w^ith authority to hear and determine the same. And when 
a jury may be retjuired by the supreme court to try an issue of 
fact, the court shall have ix)wer to summon a jury to try such 
question in that court. 

Sec. 10. At least two terms of the supremo court shall be held 
each year at the seat of government. 

Sec. 11. The supreme court shall consist of a chief justice, to 
be elected as such, and two associate justices, all of whom shall 
be elected by the qufilitied electors of the state at large. 

Sec. 12. The number of said judges ?nay, after five years from 
the admission of the state under this constitution, be increased by 
law to not exceeding five. 

Sec. 13. A majority of the judges of the supreme court shall 
l)e necessary to form a quorum or U) pronounce a decision, but one 
or more of said judges may adjourn the court. 

Sec. 14. Each judge of the supreme C/Ourt shall be, at the time 
of his election, at least thirty years of age; he shall have resided 
in this state or the territory for two yeai*8 next preceding his elec- 
tion, and shall be a meml>er of the bar in this state or the territory 
of at least five years* standing. 

Sec. 15. The term of ofiice of judges of the supreme courts 
except as otherwise provided by the constitution, shall be six years. 

Sec. 16. The judges of the supreme court shall, immediately 
after the first election under this constitution, be classified by lot, so 
that one shall hold oflBce for two years, one for four years and one for 
six years. And thereafter one-third, as nearly as may be, shall be 
elected every second year. The lot shall be drawn by the judges 
at the seat of government, and they shall cause the result thereof 
to be certified to the secretary of state, who shall file the same in 
his office. 

Sec. 17. There shall be a clerk of the supreme court elected 
by the qualified electors of the state, who shall hold office for four 
years, subject to removal by the court. His compensation shall 
be fixed by law, and his duties shall be prescribed by law and by 
the rules oi the supreme court. 

Sec. 18. The supreme court shall appoint one reporter of its 
decisions, who shall hold office for four years, subject to removal 
by the court. His compensation shall be fixed by law, and his 
duties shall be prescribed by law and by the rules of the supreme 
court. 

Sec. 19. The general assembly shall make provision for the 
publication and distribution or the decisions of the supreme 
court, and for the sale of the published volumes thereof. No 



Saturday, July 20, iaS9. 97 



3)rivate person or corporation shall be allowed to secure any copy- 
Tight in such decisions, and if any copyrights are secured they 
shall enure wholly to the benefit of the state. 

SEa 20. When a judgement or decree is reversed or affirmed 
by the supreme court, every point fairly arising upon the record 
of the case shall be considered and decided, and the reasons there- 
for shall be concisely stated in writing, signed by the judges con- 
curring, filled in the office of the clerk of the supreme court and 
preserved with a record of the case. Any judge dissenting there- 
irom may give the reasons of his dissent in writing over his sig- 
nature. 

Sec. 21. It shall be the duty of the court to prepare a syllabus 
of the points adjudicated in each case which shall be concurred 
in by a majority of the judges thereof, and it shall be prefixed to 
the published report of the case. 

Sec. 22. The supreme court shall have power to make rules 
for the government of said court and the other courts of the state, 
rules of practice and rules for admission to the bar of the courts 
of the state. 

Sec. 23. Except as otherwise provided in this constitution, no 
duties other than those prescribed herein shall be imposed by 
Xaw upon the supreme court or any of the judges thereof, and 
'none of the judges shall exercise any power of appointment. 

Sec. 24 No judge of the supreme court (or of 'any court of 
X"^oord) shall sit in review of a decision made by him, or in any 
c^ase wherein he may be interested, or where either of the parties 
xnay be connected with him by affinity or consanguinity within such 
degree as may be prescribed by law, or where he shall have been 
counsel in the case. 

Sec. 25. Whenever all or a majority of the judges of the su- 
preme court shall from any cause be disqualified from sitting in 
*iny case in said court, the governor shall, with the advice and 
consent of a majority of the senators elected, assign judges of the 
district court not disqualified in the manner aforesaid, who shall 
sit in such case in place of such disqualified judges, with all the 
powers and duties of judges of the supreme court. 

Sec. 26. The judges of the supreme court shall give their 
opinion upon important questions of law and u]X)n solemn occa- 
sions, when required by the governor, the senate or the house of 
representatives; and all such opinions shall be published in con- 
nection with the reported decisions of said court 

(4.) District Courts. 

Sec. 27. The state shall be divided by the general assembly 
into convenient districts not to exceed six in number, unless the 
number be increased bv a vote of two-thirds of the members 
elected to each bouse oi the general assembly. 
13 



98 Journal of the Convkktion, 



Sec. 28. The district courts shall have original jarisdiction in 
all ci^il cases, both at law and in equity; and in criminal cases^ of 
all felonies and misdemeanors; and such appellate jurisdiction as 
may be conferred by law. Such jurisdiction as to value and 
amount and giade of offense may be limited by law. 

Sec. 29. The district courts and judges thereof shall have 
power to issue writs of habeas corpus^ mandamus, quo warrauto^ 
Cfn'iiarari, injunction, prohibition and other original and remedial 
writs, with authority to hear and determine the same. 

Sec. 30. The process of the district courts shall extend to all 
parts of the state, but all action for the recovery of the possession 
of real property, quieting the title thereto, or enforcing liens 
thereon, shall be begun in the county in which the property or 
any part thereof affected by such action is situated. 

Sec. 3L The time of holding courts within said judicial dis- 
tricts shall be as provided by law,but at least two terms of the dis- 
trict court shall be held annually in each county, except in such 
counties as may be attached for judicial purposes to another coun- 
ty wherein such courts are held. Special terms of said courts 
may Ik? held under such regulations as may be prescribed by law. 
A judge of one district may hold the court in another district 
when convenience or the public interest may demand it 

Sec 32. In each judicial district one judge of the district court 
shall be elected by the qualified electors thereof; his term of office 
shall be six years. Each judge of the district court shall be at 
Ihe time of his election at least twenty-five years of age, shall have 
resided in this state or the territory for two years next preceding 
his election, and shall be a practicing lawyer of the supreme or 
district courts of this state or the territory of at least four years' 
standing. 

Sec. 33. The judges of the district court shall, immediately 
after the first election under this constitution, be classified by lot, 
so that two shall hold oflSce for two years, two for four years, and 
two for six years. And thereafter one-third as nearly as may be 
shall be elected every second year. The lot shall be drawn at the 
same time, and the result shall be certified and filed in the same 
way as is prescribed for judges of the supreme court. 

Sec. 34. Writs of error and appeals may be allowed from the 
decisions of the said district courts to the supreme court under 
such regulations as may be prescribed by law. 

Sec. 35. There shall be a clerk of the district court in each 
county wherein a term is held, who shall be elected by the quali- 
fied iAectovn of his county at the same time and for the same term 
as herein provided for the judges of the district court. His duties 
and comjxiusation shall be prescribed by law. 




Saturday, July 20, 1889. 99 



(5.) County Courts. 

Sec. 36. County courts shall have original jurisdiction within 
their respective counties in all matters of probate and guardian- 
ship, and in the settlement of estates of deceased persons, and such 
other civil and criminal jurisdiction as may be conferred by law; 
but such courts shall not have jurisdiction in any case where the 
debt, damage, claim or value of property involved shall exceed 
$500, except in matters of probate, guardianship and the estates 
of deceased persons. County courts shall have such jurisdiction 
in criminal matters not of the grade of felony as the general as- 
sembly may prescribe. 

Sec. 37. There shall be elected in each organized county a 
judge of the county court of said county, whose term of office 
shall be two years. His qualifications for office shall be the same 
as those of a judge of a district court, except that he shall in ad- 
dition be a resident of the county at the time of his election; his 
duties, except as prescribed in this constitution, may be deter- 
mined by law. The general assembly may fix different salaries 
for the county judges in the several counties of the state. 

Sec. 38. There shall be a clerk of the county court in each 
county who shall be elected by the qualified electors th^eof. The 
duties of such clerk shall be prescribed by law. 

Sec. 39. Appeals shall be allowed in all cases from county 
courts to district courts in such manner and under such regula- 
tions as may be prescribed by law. 

Sec. 40. County courts shall always be open for the transac- 
tion of business, except on legal holidays and non-judicial days. 

Sec. 41. Any case pending in the county court which the 
county judge may be disqualified to try, shall be transferred to the 
district court of the same county for trial. 

{6.) Justices of the Peace. 

Sec. 42. Justices of the peace shall have such jurisdiction as 
may be conferred by law in civil cases wherein the value of the 
property or the amount in controversy does not exceed the sum of 
$100, and in criminal cases below the grade of felony. 

Sec. 43. There shall be in each organized township or district 
of each county in the state at least two justices of the peace, who 
shall be elected by the qualified electors of the several townships 
or districts, and who shall hold office for two years. 

Sec. 44. Appeals shall be allowed from county and justices' 
courts to the district courts in all cases, except as it may be 
otherwise provided by law, in such manner and under such regu- 
lations as may be prescribed by law. 

(7.) Municipal Courts. 
Sec. 45. The general assembly may provide such police and 



96 Journal op the Convention, 



Sec. 9. The supreme court and the judges thereof shall have 
power to issue writs of hnbecis corpus, mamldmus, quo warranto, 
cei'tiorari, injunction, prohibition and other original and remedial 
writs, with authority to hear and determine the same. And when 
a jury may be required by the supreme court to try an issue of 
fact, the court shall have power to summon a jury to try such 
question in that court 

Sec. 10. At least two terms of the supreme court shall be held 
ea<;h year at the seat of government. 

Sec. 11. The supreme court shall consist of a chief justice, to 
be elected as such, and two associate justices, all of whom shall 
be elected by the qufilified electors of the state at large. 

Sec. 12. The number of said judges ?nay, after five years from 
the admission of the state under this constitution, be increased by 
law to not exceeding five. 

Sec. 13. A majority of the judges of the supreme court shall 
be necessary to form a quorum or to pronounce a decision, but one 
or more of said judges may adjourn the court. 

Sec. 14 Each judge of the supreme court shall be, at the time 
of his election, at least thirty years of age; he shall have resided 
in this state or the territory for two years next preceding his elec- 
tion, and shall be a member of the bar in this state or the territory 
of at least five years* standing. 

Sec. 15. The term of office of judges of the supreme court, 
except as otherwise provided by the constitution, shall be six years. 

Sec. 16. The judges of the supreme court shall, immediately 
after the first election under this constitution, be classified by lot, so 
that one shall hold oflBce for two years, one for four years and one for 
six years. And thereafter one-third, as nearly as may be, shall be 
elected every second year. The lot shall be drawn by the judges 
at the seat of government, and they shall cause the result thereof 
to be certified to the secretary of state, who shall file the same in 
his ofiice. 

Sec. 17. There shall be a clerk of the supreme court elected 
by the qualified electors of the state, who shall hold ofiice for four 
years, subject to removal by the court. His compensation shall 
be fixed by law, and his duties shall be prescribed by law and by 
the rules of the supreme court. 

Sec. 18. The supreme court shall appoint one reporter of its 
decisions, who shall hold oflSce for four years, subject to removal 
by the court. His compensation shall be fixed by law, and his 
duties shall be prescribed by law and by the rules of the supreme 
court. 

Sec. 19. The general assembly shall make provision for the 
publication and distribution of the decisions of the supreme 
court, and for the sale of the published volumes thereof No 



Saturday, July 20, iaS9. 97 

private person or corporation shall be allowed to secure any copy- 
right in such decisions, and if any copyrights are secured they 
shall enure wholly to the benefit of the state. 

SEa 20. When a judgement or decree is reversed or afiirmed 
by the supreme court, every point fairly arising upon the record 
of the case shall be considered and decided, and the reasons there- 
for shall be concisely stated in writing, signed by the judges con- 
curring, filled in the office of the clerk of the supreme court and 
preserved with a record of the case. Any judge dissenting there- 
from may give the reasons of his dissent in writing over his sig- 
nature. 

Sbo. 21. It shall be the duty of the court to prepare a syllabus 
of the points adjudicated in each case which sliall be concurred 
in by a majority of the judges thereof, and it shall be prefixed to 
the published report of the case. 

Sec. 22. The supreme court shall have power to make rules 
for the government of said court and the other courts of the state, 
rules of practice and rules for admission to the bar of the courts 
of the stata 

Ssa 23. Except as otherwise provided in this constitution, no 
duties other than those prescribed herein shall he imposed by 
law upon the supreme court or any of the judges thereof, and 
none of the judges shall exercise any power of ap|)ointment. 

SEa 24. No judge of the supreme court (or of any court of 
jeoord) shall sit in review of a decision made by him, or in any 
<i8ae wherein he may be interested, or where either of the parties 
^nay be connected with him by affinity or consanguinity within such 

^^g^ree as may be prescribed by law, or where he shall have been 

cTounsel in the case. 

SEa 25. Whenever all or a majority of the judges of the su- 
l^reme court shall from any cause be disqualified from sitting in 
4*ny case in said court, the governor shall, with the advice and 
<5ou8ent of a majority of the senators electeil, assign judges of the 
district court not disqualified in the manner aforesaid, who shall 
sit in such case in place of such disqualified judges, with all the 
Po-wers and duties of judges of the supreme court 

Sec. 26. The judges of the supreme court shall give their 
opinion upon important questions of law and upon solemn occa- 
sions, when required by the governor, the senate or the house of 
i^p>Tesentatives; and all such opinions shall be published in con- 
ne<5tion with the reported decisions of said court 

(4.) Disfrict CouHs, 

Sec. 27. The state shall be divided by the general assembly 
^^"to convenient districts not to exceed six in iiuinlwr, unless the 
n\i.iDber be increaseil bv a vote of two-thirds of the members 
^ ' ^ eleoted to each bouse of the general assembly. 

13 



98 Journal of the Convention, 



Sec. 28. The district courts shall have original jurisdiction in 
all civil cases, both at law and in equity ; and in criminal cases, of 
all felonies and misdemeanors; and such appellate jurisdiction as 
may be conferred by law. Such jurisdiction as to value and 
amount and giade of oflfense may be limited by law. 

Sec. 29. The district courts and judges thereof shall have 
power to issue writs of habeas coryus, mandamus, quo warranio, 
certiorari, injunction, prohibition and other original and remedial 
writs, with authority to hear and determine the sama 

Sec. 30. The process of the district courts shall extend to all 
parts of the state, but all action for the recovery of the possession 
of real property, quieting the title thereto, or enforcing liens 
thereon, shall be begun in the county in which the property or 
any part thereof affected by such action is situated. 

Sec. 31. The time of holding courts within said judicial dis- 
tricts shall be as provided by law,but at least two terms of tlie dis- 
trict court shall be held annually in each county, except in such 
counties as may be attached for judicial purposes to another coun- 
ty wherein such courts are held. Special terms of said courts 
may be held under such regulations as may be prescribed by law. 
A judge of one district may hold the court in another district 
when convenience or the public interest may demand it. 

Sec 32. In each judicial district one judge of the district court 
shall be elected by the qualified electors thereof; his term of office 
shall be six years. Each judge of the district court shall be at 
the time of his election at least twenty-five years of age, shall have 
resided in this state or the territory for two years next preceding 
his election, and shall be a practicing lawyer of the supreme or 
district courts of this state or the territory of at least four years' 
standing. 

Sec. 33. The judges of the district court shall, immediately 
after the first election under this constitution, be classified by lot, 
so that two shall hold office for two years, two for four years, and 
two for six years. And thereafter one-third as nearly as may be 
shall be elected every second year. The lot shall be drawn at the 
same time, and the result shall be certified and filed in the same 
way as is prescribed for judges of the supreme court. 

Sec. 34. Writs of error and appeals may be allowed from the 
decisions of the said district courts to the supreme court under 
such regulations as may be prescribed by law. 

Sec. 35. There shall be a clerk of the district court in each 
county wherein a term is held, who shall be elected by the quali- 
fied electors of his county at the same time and for the same term 
as herein provided for the judges of the district court. His duties 
and compensation shall be prescribed by law. 



Saturday, July 20, 1889. 99 



(5.) County Courts, 

Sec. 3C. County courts shall have original jurisdiction within 
their respective counties in all matters of probate and guardian- 
ship, and in the settlement of estates of deceased persons, and such 
other civil and criminal jurisdiction as may be conferred by law; 
but such courts shall not have jurisdiction in any case where the 
debt, damage, claim or value of property involved shall exceed 
$500, except in matters of probate, guardianship and the estates 
of deceased persons. County courts shall have such jurisdiction 
in criminal matters not of the grade of felony as the general as- 
sembly may prescribe. 

Sec. 37. There shall be elected in each organized county a 
judge of the county court of said county, whose term of office 
shall be two years. His qualifications for office shall be the same 
as those of a judge of a district court, except that he shall in ad- 
dition be a resident of the county at the time of his election; his 
duties, except as prescribed in this constitution, may be deter- 
mined by law. The general assembly may fix different salaries 
for the county judges in the several counties of the state. 

Sec. 38. There shall be a clerk of the county court in each 
county who shall be elected by the qualified electors th^eof. The 
duties of such clerk shall be prescribed by law. 

Sec. 39. Appeals shall be allowed in all cases from county 
courts to district courts in such manner and under such regula- 
tions as may be prescribed by law. 

Sec. 40. County courts shall always be open for the transac- 
tion of business, except on legal holidays and non-judicial days. 

Sec. 41. Any case pending in the county court which the 
county judge may be disqualified to try, shall be transferred to the 
district court of the same county for trial. 

{€.) Justices of the Peace. 

Sec. 42. Justices of the peace shall have such jurisdiction as 
may be conferred by law in civil cases wherein the value of the 
property or the amount in controversy does not exceed the sum of 
$100, and in criminal cases below the grade of felony. 

Sec. 43. There shall be in each organized township or district 
of each county in the state at least two justices of the peace, who 
shall be elected by the qualified electors of the several townships 
or districts, and who shall hold office for two years. 

Sec. 44. Appeals shall be allowed from county and justices' 
courts to the district courts in all cases, except as it may be 
otherwise provided by law, in such manner and under such regu- 
lations as may be prescribed by law. 

(7.) Municipal Courts. 
Sec. 45. The general assembly may provide such police and 



• • >•« * •• !t .; 

• ••••• • .. t 



100 Journal of the Convention, 



municipal courts and magistrates for cities and towns, as may be 
deemed necessary from time to time, who shall have jurisdiction 
in all cases arising under the ordinances of such cities and towns 
respectively, and such police magistrates may also be constituted 
ex-officio justices of the peace for their respective counties. 

( 8. ) Oeneral Provisions, 

Sec. 46. The supreme, district and county courts shall be 
courts of record. 

Sec. 47. All process shall run in the name of "The State of 
North Dakota," an 1 all prosecutions shall be conducted in the 
name and by the authority of the same. All indictments shall 
conclude "against the peace and dignity of the state of North Da- 
kota." 

Sec. 48. There shall be but one form of civil action, and law 
and equity shall be administered in the same action. 

Sec. 49. The power of the courts to punish for contempt shall 
be limited by acts of the general assembly. 

Sec. 50. No judge of the supreme or district courts shall be 
elected to any other than a judicial office, or be eligible thereto, 
during th# term for which he was elected such judge. 

Sec 51. No judge or clerk of any court of record shall, during 
his term of service, practice law in any of the courts of this state, 
or of the United States; and no judge shall give advice in regard 
to any case which may come before him. 

Sec. 52. Until the general assembly shall provide by law for 
fixing the terms of the supreme, district and county courts, the 
judges of the supreme, district and county courts respectively 
shall fix the terms thereof. 

Sec. 53. The general assembly shall provide for the election of 
all judicial officers at a time different from the election of other 
officers. 

Sec 54 Judicial officers shall recive such salaries and shall 
have such stenographic or other clerks as may be provided by 
law. 

ARTICLE XIV. 

PUBLIC OFFICERS GENERALLY. 

( i. ) Qualifications for Office* 

Section 1. No person shall be elected or appointed to any office 
in this state, civil or military, who is not a citizen of the iTnited 
States and does not possess the qualifications of an elector. 

Sec 2. No member of congress or person holding or exercis- 
ing any office of profit or trust under the United States or either 



- • • « •! • • • • 

• » • * • 



Saturday, July 20, 1889. 101 



of them, or under any foreign power, shall hold or exercise any 
office of profit or trust under this state except as herein provided. 

Sec. 3. No person holding or exercising any civil office of 
profit or trust under this state shall hold or exercise any other 
such office except that of attorney at law, justice of the peace, 
notary public or commissioner of deeds, unless otherwise specially 
provided herein. 

Sec. 4. No religious test or property qualification shall be re- 
quired for the holding of any office of profit or trust under this 
state. 

Sec. 5. Making profit out of public moneys or using the 
same for any purpose not authorized by law by any officer 
of the state or member of the general assembly, snail be a mis- 
demeanor, and shall be punished as may be provided by 
law; but part of such punishment shall be disqualification to hold 
any office of profit or trust in this state. 

(2.) Terms and Oaths of Office* 

Sec. 6. The terms of office of all state, county and judicial of- 
ficers not elected or appointed to fill a vacancy, and of members 
of the general assembly shall ^except as otherwise provided) be- 
^n on the first Tuesday oi January next succeeding their 
election. 

Sec. 7. No law shall extend or abridge the term of any public 
oflBcer after his election or appointment. 

Sec. 8. Every person holding any office, provided for in this 
<20Dstitution shall continue to hold such office until his successor 
is duly qualified, unless removed from office according to law. 

Sec. 9. The general assembly, in cases not provided for in this 
cx>n8titution, shall prescribe by general laws the terms of office, 
I>ower8, duties and compensation of all public officers and agents, 
ctnd the manner in which they shall be elected, appointed and re- 
moved; but no person shall be eligible to the office of state treas- 
urer, county treasurer or sheriff for more than two terms in suc- 
cession. 

Sec. 10. Members of the general assembly, and all other of- 
ficers provided for in this constitution, before they enter upon 
their official duties, shall take and subscribe the following oath 
or affirmation: "I do solemnly swear (oraffim) that I will support 
the constitution of the United States and the constitution of the 
state of North Dakota and will faithfully discharge the duties of 

according to law and to the best of my ability." 

(5.) Removals and Vacaiicies. 

Sec. 11. All officers not liable to impeachment shall be subject 
to removal for neglect of duty, misconduct or malfeasance in of- 
fice, in such manner as may be provided by law. 



102 Journal of the Convention, 



Sec. 12. All executive officers and judges of courts of reconl 
may be removed by the governor on the address of two-thirds of 
the members elected to each house of the general assembly, for 
wilful neglect of duty, incompentency, mental or physical in- 
ability, habitual drunkenness, oppression in office or any reason- 
able cause which shall not be sufficient ground for impeachment. 
The cause or causes for which such removal shall be required 
shall be stated at length in such address and entered on the 
journal of each house. The officer or judge against whom the 
general assembly may be about to proceed shall receive notice 
thereof accompanied by a copy of the causes alleged for his re- 
moval at least twenty days before the day on which either house 
shall act thereon, and he shall be admitted to a hearing in his own 
defense, before any vote for such address shall be taken, and in 
all cases the votes shall be taken by yeas and nays and entered in 
the journal of each house respectively. 

Sec. 13. In all offices created by this constitution a permanent 
vacancy shall be deemed to exist by the death or resignation of 
the incumbent or officer elect, or his removal from office for 
cause, or removal from the sta^e, failure to qualify or file the 
proper official bond, conviction on impeachment, or of a felony, or 
being lawfully adjudged of unsound mind. 

Sec. 14. In case of a permanent vacancy during the recess of 
the senate, in any office elective by the people, it shall be the duty 
of the governor, except as herein otherwise provided, to fill the 
same by appointment, until the next general election. If the 
vacancy in such elective office shall occur during the session of 
the senate, such appointment shall be made by and with the con- 
sent of a majority of the senators elected. But in every such case 
of a vacancy in an elective office a person shall be chosen to said 
office at the next general election that occurs more than thirty 
days after the vacancy has taken place, and the person chosen 
shall hold office for the remainder of the unexpired term of the 
office so vacated. 

Sec. 15. In case of a permanent vacancy during the recess of 
the senate, in any non-elective office, the governor shall fill such 
vacancy by making a temporary appointment, until a 
nominee to such office shall either be confirmed or 
rejected by the senate at its next session. If such appoint- 
ment is made during the recess of the senate, the appointee 
or some other person to fill such vacancy shall be nominated to 
the senate during the first ten days of its next session; if re- 
jected, the office shall immediately become vacant, and the gov- 
ernor shall, without delay, make further nominations until a con- 
firmation takes place. The person so confirmed shall hold office 
for the remainder of the unexpired term of the office so vacated. 
No [xjrson after being rejected by the senate shall be again nomi- 
nated for the same office at the same session unless at request of 
the senate. 



Saturday, July 20, 1889. 103 



(4) Official Bribery. 

Sec. 16. Any person who shall, directly or indirectly, oflfer, 
give or promise any money or thing of value, testimonial, privilege 
or personal advantage to any executive or judicial officer or mem- 
ber of the general assembly, to influence him in the performance 
of any of his public or official duties, shall be guilty of bribery 
and be punished in such manner as shall be provided by law. 

Sec. 17. Any member of the general assembly or executive or 
judicial officer who shall solicit, demand or receive or consent to 
receive, directly or indirectly, for himself or for another, from 
any company, corporation or person, any money, office, appoint- 
ment, employment, testimonial, reward, thing of value or enjoy- 
ment, or of personal advantage, or promise thereof for his vote or 
official influence or official action, or for withholding the same, or 
with any understanding, expressed or implied, that his vote, offi- 
cial innuence or official action shall be in any way influenced 
thereby, or who shall solicit or demand or receive any such money 
or other advantage, matter or thing aforesaid for another, as the 
consideration of his own vote or official influence or official action, 
or for withholding the same, or shall give or withhold, or promise 
to give or withhold his vote, official influence or action in consid- 
eration of the payment or promise of such money, advantage, 
matter or thing to another, shall be held guilty of bribery or soli- 
citation of bribery as the case may be, within the meaniag of this 
constitution, and shall incur the disabilities provided for siich 
offense, with a forfeiture of the office he may hold, and such other 
additional punishment as is or shall be prescribed by law. 

(5.) Residence, Salaries and Fees. 

Sec. 18. The sureties upon the official bonds of all state officers 
shall be residents of the state, and shall have within the state 
sufficient property, not exempt from sale under execution, attach- 
ment or other process of any court, to make good their bonds; and 
the sureties upon the official bonds of all county officers shall 
reside within the counties where such officers reside, and shall have 
sufficient property therein, not exempt from such sale, to make 
good their bonds. 

Sec. 19. All civil officers shall reside during their terms of 
office within the state, and all district, county, township^ city or 
^wn officers within their districts, counties, t»^wnships, cities or 
^owns; and they shall keep their offices at such places as may be 
Teqnired by the constitution or by law. 

Sec. 20. No law shall increase or diminish the salary or emolu- 

^ments of any public officer after his election or appointment, nor 

^hall any extra compensation be given to any public officer, ser- 

"^ant, employee agent or contractor, after his services shall have 

leen rendered or his contract made. 



104 Journal of the Convention, 



Sec. 21. No officer of the state, executive or judicial, or of any 
county, city or town shall receive to his own use, for the perfor- 
mance of any official duties, any fees, costs, perquisites or compen- 
sation other than his salary as prescribed by law; and all fees pay- 
able by law for any official service shall be paid, when received by 
such officer, into the state, county, city or to\^Ti treasury, respec- 
tively. 

Title ![.— Stat«» Govirnmont. 

ARTICLE XV. 

TAXATION AND REVENUE. 

I 

Section 1. The rate of taxation shall be uniform and taxes 
shall be levied upon such property as the general assembly shall 
prescribe. ^ 

Se . 2. The general assembly shall not levy in any one year a 
greater rate of taxation than one per centum on the value of the 
taxable property within this state, except to repel invasion or sup- 
press insurrection. 

Sec. 3. Property belonging to persons residing without the 
limits of this state, shall never be taxed at a higher rate than 
similar property belonging to persons residing within the state. 

Sec. 4. The general assembly shall have power to levy excise 
taxes upon particular articles and occupations, which shall be uni- 
form as to the class of persons and property upon which they 
operate. 

Sec. 5. The general assembly may. also impose income taxes; 
but no income shall be taxed when the property from which the 
income is derived is taxed. 

Sec. 6. The stock of any company or corporation shall not be 
taxed without making a proportionate deduction for any property 
of that company or corporation which has been taxed. 

Sec. 7. The general assembly shall never levy a poll tax except 
for school purposes as in this constitution provided. 

Sec. 8. Property, except as herein provided, shall be as- 
sessed in such manner as may be prescribed by law. 

Sec. 9. There shall be a state board of equalization, consisting 
of the governor, secretary of state, state auditor, state treasurer 
and attorney general. The duty of the state board of equalization 
shall be to adjust and equalize the valuation of real and personal 
property among the several counties of the state. Such board 
shall also perform such other duties relating to taxation as may 
be prescribed by law. 

Sec. 10. The general assembly shall have no power to release 
or discharge any county, township, district, city or town from 
their proportionate share of taxes levied for state purposes. 



Saturday, July 20, iaS9. 105 

ABTICLE XVI. 

APPROPRIATIONS AND EXPENDITURES. 

Section 1. No money shall be drawn from the treasury of the 
state, except in pursuance of a specific appropriation made by law; 
and upon a warrant drawn by the proper officer; and no appropri- 
ation shall be for a longer term than one year. 

Sec. 2. A regular statement and account of the receipts and 
expenditures of all public moneys shall be prepared and pub- 
lished annually in such manner as shall be provided by law. 

Sec. 3. The treasurer shall keep a separate account of each 
fund in his hands, and shall at the end of each quarter of the fis- 
cal year report to the governor in writing, under oath, the amount 
of all moneys in his hands to the credit of every such fund and 
the place or places where such moneys are kept or deposited, and 
the number and amount of every warrant paid or redeemed by 
him during the quarter. Swearing falsely to any such report 
shall be deemed perjury. The governor shall cause every such 
report to be immediately published in at least one newspaper 
printed at the seat of government, and otherwise as the general 
assembly may require. 

Sec. 4. The general assembly may provide further regulations 
for the safe keeping and management of the public funds in the 
hands of the treasurer, but notwithstanding any such regulation 
the treasurer and his sureties shall in all cases be held responsi- 
ble therefor. 

Sec. 5. The state shall never assume or pay the debt or liabil- 
ity of any county, township, district, municipality, corporation or 
individual whatever, or any part thereof, unless such debt or lia- 
bility shall have been created to repel invasion, suppress insur- 
rection or to provide for the public defense. 

Sec 6. The state shall never become a subscriber to or share- 
holder in any corporation, company or association, except as such 
ownership may accrue to the state by escheat, forfeiture, bequest 
or otherwise by operation of law. 

Sec 7. The fiscal year shall begin on the first day of July of 
each year. 

ARTICLE XVII. 

STATE INDEBTEDNESS. 

Section 1. For the purpose of defraying extraordinary ex- 
penses and making public improvements or to meet casual deficits 
of revenue the state may contract debts, never to exceed, with all 
previous debts and liabilities, in the aggregate 
hundred thousand dollars; and no greater indebtedness shall be 
incurred except for the purpose of repelling invasion, suppress 
insurrection, or defending the state or United States in war. 
14 



106 Journal of the Convention, 



Sec. 2. To provide for the payment of any debt contracted by 
the state the general assembly shall establish and maintain a 
sinking fund sufficient to pay the accruing interest on such debt 
and to reduce annually the principal by a sum equal to one 
part thereof. And the sinking fund shall not be used or applied 
otherwise than in the extinguishment of the public debt 

Sec. 3. The state shall never lend or pledge its faith or credit, 
directly or indirectiy, in any manner to, or in aid of, any person, 
company or corporation, public or private, for any amount or pur- 
pose whatever, or become responsible for any debt, contract or 
liability of any such person, company or corporation. 

Sec. 4 In no case shall the general assembly have the power 
to issue treasury warrants, treasury notes or paper of any descrip- 
tion intended to circulate as money. 

ARTICLE XVIII. 

PUBLIC V^rORKS. 

Section 1. The general assembly may, if it is deemed neces- 
sary or proper, provide a well regulated system of irrigation for 
the purpose of developing the agricultural, mining and industrial 
lesources of the state, and provide for the organization and pre- 
scribe the duties of a board of public works to take charge of 
and manage the same. 

CHAP. I L— Local Governments. 

Title I— Frame of Local Govern men ts. 

ARTICLE XIX. 

COUNTIES. 

Section 1. The several counties of the territory of Dakota, as 
they shall exist at the time of its admission as a state into the 
Union, are hereby declared to be the counties of the state until 
otherwise established or changed by law. 

Sec. 2. No territory shall be taken from or added to any 
organized county until a proposition for such change shall have 
been submitted to the electors of the county or counties from 
which it is proposed to take territory or to which it is proposed to 
add territory, and until the proposition shall have received in each 
a majority of the votes cast by qualified electors. 

Sec. 3. No county now established shall be reduced to an area 
of less than hundred square miles, or to a population 

of less than thousancL And no new county shall 

be fomieil containing less than hundred square miles, 

and thousand inhabitants. 

Sec. 4. New or unorganized counties may, for the purposes 
of administration, be temporarily annexed to such other county 
or counties as may be most convenient 



Saturday, July 20, 1889. 107 



Sec. 5. Whenever territory is takeu from any county or coun- 
ties and attm^hed to another, the county to which such territory is 
ottache<l sliall be liable to pay its ratable proportion of all the 
then existing liabilities of the county or counties from which such 
part is taken, less the same ratable proportion of the value of the 
C5ounty buildings and property of the county or counties from 
'which such territory is taken. 

Sec. 6. In any county where the county seat has not been fixed, 
the question of its place shall be submitted to the electors of the 
cx>unty at a general election. The place receiving the majority of 
all votes cast by qualified electors shall be the county seat. If no 
place receives a majority, the two places which have the greatest 
number of votes shall be submitted to the electors of the county, 
and the one of those places then receiving the greater number of 
votes shall be the county seat But in theiormation of new 
counties, the county seat may be fixed temporarily by the genera) 
assembly. 

SEa 7. No county seat shall be changed until a proposition 
designating the place to which the removal is proposed, shall have 
been submitted to the electors of the county and shall have re- 
ceived two-thirds of the votes cast by qualified electors. No per- 
son shall vote on such a proposition who shall not have resided in 
the county for six months, and in the election precinct for ninety 
days, next preceding the election. A proposition to change the 
location of the county seat shall not again be submitted for five 
years. 

Sec. 8. The general assembly shall provide by general laws 
for such other county officers as may be deemed necessary, and 
shall prescribe their respective terms of office, duties and com- 
pensation. 

ARTICLE XX. 

TOWNSHIPS. 

Section 1. Each county of the state shall be divided into 
townships of convenient number and size. 

Sec. 2. The general assembly shall provide by general laws 
for such township officers as may be deemed necessary, and shall 
prescribe their respective terms of office, duties and compensation. 

ARTICLE XXL 

SCHOOL DISTRICTS. 

Section 1. Each county of the state shall be divided into a 
eonvenient number of school districts. But no school district 
shall be formed containing less than twenty-five inhabitants. 

Sec. 2. In each school district there shall be elected annually 
one school trustee, who shall hold his office three years. But at 



108 Journal of the Convention, 



the first election three trustees shall be chosen, whose terms shall 
be one, two and three years respectively. Vacancies shall be filled 
by appointment by the board or c( nnty commissioners, and the ap- 
pointee shall hold his office for the unexpired portion of the term. 

AETICLE XXII. 

MUNICIPALITIES. 

Section 1. The general assembly shall provide by general 
laws for the organization of cities and towns; and shall also make 
provision by general law whereby any city or other municipality 
incorporated by special or local law may elect to become subject 
to the general law relating to municipalities. 

Sec. 2. The general assembly may vest the corporate authori- 
ities of cities, and other municipalities, with power to make local 
improvements by special assessment or special taxation of ad- 
jacent property or otherwise. For all other corporate purposes 
all municipal corporations may be vested with authority to assess 
and collect taxes, but such taxes shall be uniform. 

AETICLE XXni. 

LOCAL OFFICERS GENERALLY. 

Section 1. The provisions of this article, so far as applicable, 
shall extend to county, township, school district, municipal and 
all other local officers as well as to state officers. 

Title II. Support of Local Government. 

ARTICLE XXIV. 

LOCAL TAXATION AND INDEBTEDNESS. 

Section 1. Counties, townships, school districts and mu- 
nicipalities shall have power to levy taxes and borrow 
money to such an extent and in such manner as is provided in this 
constitution or may be allowed by general laws consistent there- 
with; but the general assembly shall limit the power by general 
law. 

Sec. 2. No city, town or other municipality shall levy a 
greater rate of taxation in any one year on the value of the taxa- 
ble property therein than [one] per centum. 

Sec. 3. Every county, city and town which shall have a funded 
debt shall create a sinking fund inviolably pledged for the pay- 
ment thereof. 

Sec. 4 Private property shall not be taken or sold for the 
corporate debts of municipalities. 

Sec. 5. There shall be in each county of the state a county 
board of equalization consisting of the board of county commis- 



Saturday, July 20, 1889. 109 



sioners. The duty of the county boards of equalization shall be 
to adjust and equalize the valuation of real and personal property 
'within their respective counties. Each board shall also perform 
sach other duties relating to taxation as may be prescribed by law. 

Part lY.— Alirtation of the Constirntion. 

AETICLE XXV. 

AMENDMENTS. 

Section 1. Any amendment to this constitution may be pro- 
fiosed in either house of the general assembly, and if the same 
shall be voted for by two-thirdB of all the members elected to 
each house, such proposed amendment, together with the yeas and 
nays of each house thereon, shall be entered in full on the re- 
spective journals; and the secretary of state shall cause the said 
amendment to be published in full in at least one newspaper in each 
county (if such there be), weekly for three months previous to the 
next general election for members to the general assembly; and if 
in the general assembly next afterwards chosen, such proposed 
amendment shall be agreed to by a majority of the members 
elected to each house, the secretary of state shall a^ain cause the 
same to be published in the manner aforesaid, and at the next 
election aforesaid the said amendment shall be submitted to the 
qualified electors of the state for their approval or rejection, and 
if approved by a majority of the qualified electors of the state, 
shall become part of the constitution. Where more than one 
amendment is submitted at the same election, they shall be so sub- 
mitted as to enable the electors to vote on each amendment sep- 
arately. 

AETICLE XXVI. 

revision. 

Section 1. The general assembly may at any time by a vote 
of two-thirds of the members elected to each house recommend 
to the electors of the state to vote at the next general election for 
or against a convention to revise, alter and amend the constitu- 
tion, and if a majority of the electors voting on tha question shall 
Vote for a convention, the general assembly shall at its next ses- 
sion provide for the calling thereof. 

Sec. 2. The number of members of the convention shall be 
twice that of the senate, and they shall be elected as provided by 
law. 

Sec. 3. The general assembly shall, in the act calling the con- 
vention, designate the day, hour and place of its meeting, fix the 
t>ay of its members and ofticers, and provide for the payment of 
tte same, together with the necessary expenses of the convention. 

Sec. 4. Before proceeding to business the members shall take 



110 Journal of the Convention, 



an oatb to 8upi)ort the constitution of the United States and of 
the state of North Dakota, and to faithfully discharge their du- 
ties as members of the convention. 

Sec. 5. The qualification of members shall be the same as of 
members of the senate; and vacancies occurring shall be filled in 
the manner provided for filling vacancies in the senate. 

Sec. 6. Said convention shall meet within three months after 
such election, and prepare such revisions, alterations or amend- 
ments of the constitution as may be deemed necessary, which 
shall be submitted to the electors for their ratification or rejection 
at an election appointed by the convention for that purpose not 
less than two nor more than six months after the adjournment 
thereof; and unless so submitted and approved by a majority of 
the qualified electors of the state, no such revision, alteration or 
amendment shall take effect. 

Sec. 7. This constitution may be amended and revised only in 
pursuance of the provisions of this article. 

ARTICLE XXVII. 

PUBLICATION AND INTERPRETATION. 

Secpion 1. The general assembly shall provide for the editing, 
and for the publication in an independent volume, of this consti- 
tution as soon as it shall take effect, and whenever it shall l>e 
altered or amended, and shall cause to be published in the same 
volume the Declaration of Independence and the Constitution of 
the United States. 

Sec. 2. The headings and marginal notes of this constitution 
shall not be binding in the interpretation or construction thereof. 

Part v.— Schidule. 

Section 1. That no inooDvenienoe may arise from a change of teritoria 
government to state government, it is declared that all writfi, actions, proaeoa 
tious, claims and rights of iDdividuals and of bodies corporate shall oontinae 
as if no change of government had taken placev and all processes which may, 
before the organization of the judicial department under this constitution, be 
issued under the authority of the territory of Dakota shall be as valid as if issued 
in the name of the state. 

Beg. 2. Ah laws now in force in the territory of Dakota, which are not 
repugnant to this constitution, shall remain in force until they expire by their 
own limitations or be altered or repealed. 

Sec. 3. All fines, penalties, fofeitures end escheats accruing to the terri- 
tory of Dakota shall accrue to the use of the state. 

Sec. 4. All recognizances, bonds, obligations or other undertaking here- 
tofore takeUf or which may be taken before the organization of the judioial 
department under this constitution, shall remain valid, and shall pass over to, 
antl may be prosecuted in the name of, the state; all bonds, obligations or 
other undertakings executed to this territory, or to any officer in his offioial 
capacity, shall pass over to the proper state authority, and to their saooessoFS 
in office, for the uses therein respectively expressed, and may be sued for and 
recovered accordingly; all criminal prosecutions and penal aotionB which 



Satubday, July 20, 1889. HI 



have arisei], or may arise before the or^aDizatlon of the jndicial department, 
under this ooustitation, or which shall theo be peuding, may be prosecuted to 
judgment and execution in the name of the state. 

Sec. 5. All property, real and personal, and credits, claims and choses in 
action belonging to the territory of North Dakota at the time of the adoption 
of this constitution, shall be vested in and become the property of the Ptate of 
North Dakota. And all outstanding obligaions of the territory of North Da- 
kota at the time of the adoption of this constitution, shall be assumed by the 
state. 

Sbo. 6. The territorial assembly shall pass all necessary preliminary laws 
to carry into effect the provisions of the constitution. 

Sec. 7. Whenever any two of the judges of the supreme 
court of the state, elected under the provisions of this con- 
stitution, shall have qualified in their offices, the causes then 
pending in the supreme court of the territory, and the papers, records and pro- 
ceedings of said court and the seal and other property pertaining thereto, shall 
pass into the jurisdiction and possession of the supreme court of the state, 
except as otherwise provided in the enabling act of congress, and 
until so superseded th*^ supreme court of the territory and the judges thereof 
shall continue, with like powers and jurisdiction, as if this constitution had not 
been adopted. Whenever the judge of the district court of any district elected 
under the provisions of this constitution shall have qualified in his office, the 
several causes then pending in the district court of the territory within any 
county in such district, and the records, papers and proceedings of said dis- 
trict court; and the seal and other property pertaining* thereto, shall pass into 
the jurisdiction and possession of the district court of the state for such couu- 
ty, except as provided in the euabliug act of congress, and 
until the district courts of this territory shall be superseded in the man- 
ner aforesaid, the said district courts and the judges thereof shall continue 
with the same jurisdiction and power to be exercised in the same judicial dis- 
tricts respectively as heretofore constituted under the laws of the territory. 

Sec. 8. Until otherwise provided by law, the seals now in use in the 
supreme and district courts of this territory are hereby declared to be the 
seals of the supreme and district courts respectively of the state. 

SEa 9. Whenever this constitution shall go into effect, the books, 
records and papers, and proceedings of the probate court 
in each county, and all causes and matters of administration and 
other matters pending therein, shall pass into the jurisdic- 
tion and possession of the county court of the same county, and the said coun- 
ty court shall proceed to final decree or judgment, order or other 
determination in the said several matters an<l causes as the said pnibate court 
might have done if this constitution had not been adopted. And until the 
election and qualification of the judges of the county courts provided for in 
this constitution, the probate judges shall act as the judges of the county 
courts within their respective counties, and the seal of the probate court in 
each county shall be the seal of the county court therein, until the said court 
shsdl have procured a proper seal. 

Sec 10. The terms "probate court" or "probate judge" whenever occurring 
in the statutes of the territory shall, after this constitution goes into effei^t, be 
held to apply to the county court or county judge. 

Ssa 11. Any person may be a senator or representative in the general 
assembly who is an elector in the territory at the time of the ratification of 
this constitution. 

Sec. 12. All territorial, county and precinct officers, who may be in office 
at the time this constitution takes effect, whether holding their offices under 
the authority of the United States or of the territory, shall hold and exercise 
their respecrtive offices, and perform the duties thereof as 
prescribed in this constitution, until their successors shall 



112 Journal of the Convention, 



be elected and qualified in acoordaoce with the provisions of this coDstitutioD, 
find official bonds of all such officers shall continue in full force and effect as 
though this constitution had not been adopted; and such officers for their 
term of service, under thifa constitution, shall receive the same salaries and 
compensation as is by this constitution or by the laws of the territory provided 
for like officers. 

Sbg. 13. This constitution shall take effect and be in full force immediate- 
ly upon the admission of the territory as a state. 

Sbo. 14. Immediately upon the adjournment of this convention the gov- 
ernor of the territory, or in case of his absence or failure to act, the secretary 
of the territory, or in case of his absence or failure to act, the president of the 
constitutional convention shall issue a proclamation, which shall be published 
and a copy thereof mailed to the chairman of the board of county commission- 
ers of each county, calling an election by the people on the first Tuesday in 
October, 1889, of all the state and district officers created and made elective by 
this constitution. 

Sec. 15. The board of commissioners of the several counties shell thereupon 
order such election for said day, and shall cause notice thereof to be given in 
the manner and for the length of time provided by the laws of the territory in 
cases of general elections for delegates to congress and county and other offi- 
cers. Every qualified elector of the territory, at the date of said election, shall 
be entitled to vote thereat. Said election shall be conducted in all respects in 
the same manner as provided by the laws of the territory for 
general elections, and the returns for all state and district officers, and mem- 
bers of the general assembly, shall be made to the canvassing board herein- 
after provided for. 

Sec. 16. The governor, secretary and chief justice or a majority of them, 
shall constitute a board of canvassers to canvass the vote of such elections for 
all state and district officers and members of the general assembly. The said 
board shall assemble at the seat of government of the territory on the fifteenth 
day after the day of such election (or on the following day if such day fall on 
Sunday), and proceed to canvass the votes on the adoption of this constitution 
and for all state and district officers and members of the general assembly in 
the manner provided by the laws of the territory for canvassing the vote for 
delegate to congress, and they shall issue certificates of election to the persons 
found to be elected to said offices severally, and shall make and file with 
the secretary of the territory an abstract certified by them, of the number of 
votes cast for or against the adoption of the constitution, and for each person 
for each of said offices and of the total number of votes cast in each county. 

Sec'- 17. All officers elected at such election shall, within sixty days after 
the date of the executive proclamation admitting the state of North Dakota into 
the union, take the oath required by this constitution, and give the same bond 
required by the law of the territory to be given in case of like officers of the 
territory and districts, and shall thereupon enter upon the duties of their re- 
spective offices; but the general assembly may re(|uire by law all such officers 
to give other or further bonds as a condition of their continuance in office. 

Sec. 18. All officers elected at said election shall hold their offices until 
the general assembly shall provide by law, in accordance with this constitu- 
tion, for the election of their successors, and until such successors shall be 
elected and qualified. 

Se(^ 19. The governor elect of the state immediately upon his qualifying 
and entering upon the duties of his office shall issue his proclamation conven- 
ing the general assembly of the state at the sent of government, on a day to be 
named in said proclamation, and which shall not be less than thirty nor more 
than sixty days after the date of such proclamation. But if this constitution 
shall be ratified by the people at an election to be held as herein provided, 
the (General Assembly of North Dakota, shall assemble nt the capitol in the 
city of Bismarck, at 12 o'clock, noon, on Wednesday, the 30th day of October, 
A. D., 1889, and organize and proceed te elect two Senators of the United 



MONDAT, JULT 22, 1889. 113 



states for the State of North Dakota, one for the full term and one for the 
short term to be designated at the time of their election respectively, and at 
said election the two persons who shall receive a majority of all the votes cast 
by said senators and representatives, shall be elected such United States sena- 
tors for such designated terms respectively, and the presiding officers of the 
senate and hoose shall each certify the election to the (Governor and Secretary 
of the State of North Dakota, and the Governor and Secretary of State shall 
oetiiy the elections of such senators as provided by law. 

Sec 20. All the existing archives, records and books beloui; to the Terri- 
tory of Dakota shall belong to and be a part of the public records of the state 
of North Dakota and be deposited at the seat of government of the said state 
with the secretary of state. 

Sbc. 21. This constitution is formed and the state of North Dakota asks to 
be admitted into the Union on an equal footing with the original states, on the 
condition and faith of the terms and propositions stated and specified in act of 
congress approved February 22, A. D. 1889, authonzing the people of North 
Dakota to form a constitution and state government, the people of the state 
of North Dakota hereby accepting the conditions in said act specified. 

Which was read the first time. 

Mr. Stevens moved to adjourn. 

Which motion prevailed, and the Convention adjourned. 

J. G. Hamilton, 
Chief Clerk. 



Monday, July 22, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment 

The President presiding. 

Prayer was offered by tne Rev. C. F. Bollinger. 

The roll was called, and all members absent were excused. 

Mr. Purcell moved that all standing committees be required to 
l3ake reports by Thursday next 

Whicn motion prevailed. 

Mr. Williams introduced the following resolution: 

Resolved, That the official reporter be rec^nired to famish to the chief 
^lerk of the convention each day, as near as possible, the manuscript of his re- 
tV>rt of the proceedings of the preceding day. 

Resolved, That whenever a member of the Convention shall be of the 
^^pinion that he is incorrectly reported, he may apply to the reporter for a cor- 
^^ction. In case of disagreement between them, the matter may be brought 
V^f ore the Convention for disposition. It is hereby made the duty of the chief clerk 
^^f the Convention to make a full and complete index of the journal and debates, 
^-xid it shall be a part of the duties of the chief clerk and official reporter to revise 
^^e proofs of the printed matter as they come from the printer, and each mem- 
V^^r of the Convention shall, if he so desires, be afforded the opportnnity of 
^-^amining the proof sheets of any portion of the debates for the purpose of 
^^^aking such corrections only as referred to above. The whole work shall be 
^^«3inpleted and the volumes bound within sixty (60) days after the rising of the 
^-^5onvention. 

15 



114 Journal of the Convention, 



Further consideration was postponed until July 23. 

Mr. Parsons of Morton, introduced the following resolution and 
moved its adoption. 

Resolved, That the (Constitution of South Dakota as appears in Lon^s 
Lei^rislative Hand Book, (a copy of which is upon the desk of each member) be 
considered as introduced for adoption by this Oonvention, without beinf^ 
printed in the files or journal. 

Which resolution was adopted. 

Mr. Colton moved that File No. 44 be indefinately postponed. 
Which motion prevailed. 

Mr. Bichardson moved that File No. 46 be recommitted to the 
Committee on Revenue and Taxation. 
Which motion prevailed. 

Mr. Moer moved that the vote by which File No. 44 was indefi- 
nately posptponed be reconsidered. 

Which motion prevailed. 

Mr. Moer moved that File No. 44 be referred back to the Com- 
mittee on Revenue and Taxation. 

Which motion prevailed. 

Mr. Robertson introduced the following resolution and moved 
its adoption: 

Resolved, That the several standing committees hereafter report and refer 
back to the Convention no articles, unless the same be deemed of use to other 
committees. 

Mr. Moer moved that the resolution be laid on the table. 
Which motion prevailed, 

FIRST READING OF ARTICLES, RESOLUTIONS, ETC. 

Mr. Appleton introduced File No. 107 — 

SCHOOL AND SOHOOL IiANDS. 

Section 1. After six months from the assemblin^ir of the first Legislature 
the lands i^anted to the state by the United States for the nse of pnbho 
schools may be sold upon the foUowini? conditions and no other. Not more 
than one-fourth of all such lands shall be sold within the first five years and 
no more than two-thirds within the first ten years after the title thereto is 
vested in the state. 

Sec. 2. The commissioner of school and public lands, the county au- 
ditor and the county superintendent of schools of the counties severally, shall 
constitute boards of appraisal and shall appraise all school lands to be sold 
within the several counties. 

Sec. 3. No lands shall be sold for less than the appraised value, and in no 
case for less than ten dollars an acre; all sales shall be at public auction to 
the highest bidder after sixty days' advertisement of the same in a newspaper 
of general circulation in the vicinity of the lands to be sold. 

Sec. 4. All sales shall be conducted by the commissioner of school and 
public lands as may be prescribed by law, and all lands shall be sold at the 
county seat of the county in which the lands to be sold are situated. 

Which was read the first time. 

Mr. Harris introduced File No. 108 — 



Monday, July 22, 1889. 115 



LBGISIiATIYE AFPOBTIONMENT. 

Section 1. In the apportionmeDt of the State of North Dakota for legris- 
lative purposes every orf^anized county shall have at least one member of the 
honse of representatives. 

Section 2. Until otherwise provided by law the Senate shall consist of 
35 members, and the House of Kepresentatives of 70 members and the Senato- 
rial and Representative districts shall be formed and the senators and repre- 
sentatives shall be apportioned as follows: 

SBNATOBIAIi AFPOBTIONMENT. 

District 1 shall consist of Pembina county and be entitled to two senators. 

District 2 shall consist of Cavalier county and be entitled to one senator. 

District 3 shall consist of Towner, Benson and Pierce counties and be en- 
titled to one senator 

District 4 shall consist of Bottineau, Bolette, Eenville and Mountraile, and 
be entitled to one senator. 

District 5 shall consist of Ward, McHenry, McLean, Ghuroh, Sheridan 
and Stevens, and be entitled to one senator. 

District 6 shall consist of Walsh county and be entitled to three senators. 

District 7 shall consist of Ramsey county and be entitled to one senator. 

District 8 shall consist of Grand Forks county and be entitled to three 
senators. 

District 9 shall consist of Nelson county and be entitled to one senator. 

District 10 shall consist of Foster and Eddy counties and be entitled to 
one senator. 

Distrtct 11 shall consist of Traill county and be entitled to two senators. 

District 12 shall consist of Steele and Griggs counties and be entitled to 
one senator. 

District 18 shall consist of Cass county and be entitled to four senators. 

District 14 shall consist of Barnes county and be entitled to one senator. 

District 15 shall consist of Stutsmfin county and be entitled to one seuctor. 

District 16 shall consist of Wells and Kidder counties and be etitled to 
one senator. 

District 17 shall consist of Morton, Oliver, Mercer, Garfield, Williams, 
Wallace, Flannery and Buford counties and be entitled to one senator. 

District 18 shall consist of Stark, Billings, Hettinger, Bowman, Dunn, 
McKenzie and Allred counties and be entitled to one senator. 

District 19 shall consist of Kichland county and be entitled to two senators. 

District 20 shall consist of Bansom county and be entitled to one senator. 

District 21 shall consist of Sargent county and be entitled to one senator. 

District 22 shall consist of LaMoure county and be entitled to one senator. 

District 23 shall consist of Dickey county and be entitled to one senator. 

District 24 shall consist of Emmons, Logan and Mcintosh counties and be 
&iii:itled to one senator. 

District 25 shall consist of Burleigh county and be entitled to one senator. 

BBPBESENTATIVE APPOBTIONMBNT. 

District 1 shall consist of Pembina county, and be entitled to four ropre- 
Box^tatives. 

District 2 shall consist of Oavalier county, and be entitled to two repre- 
soxitatives. 

District 8 shall consist of Towner county, and be entitled to one repre- 
»®iitative. 

District 4 shall consist of Rolette county, and be entitled to one repre- 
B^Xitative. 

District 5 shall consist of Bottineau county, and be entitled to one repre- 
»«>^tative. 

District 6 shall consist of Walsh county, and be entitled to five repre- 
Bentativee. 






116 Journal of the Convention, 



District 7 shall consist of Ramsey county, and be entitled to two repre- 
sentatiyes. 

District 8 shall consist of Benson county, and be entitled to one repre- 
sentative. 

District 9 shall consist of Pierce county, and be entitled to one repre- 
sentative. 

District 10 shall consist of MoHenry county, and be entitled to one repre- 
sentative. 

District 11 shall consist of Ward county, and be entitled to one repre- 
sentative. 

District 12 shall consist of Grand Forks county, and be entitled to six 
representatives. 

District 13 shall consist of Nelson county, and be entitled to one repre- 
sentative. 

District 14 shall consist of Eddy county, and be entitled to one repre- 
sentative. 

District 15 shall consist of Foster county, and be entitled to one repre- 
sentative. 

District 16 shall consist of Wells county, and be entitled to one repre- 
sentative. 

District 17 shall consist of McLean county, and be entitled to one repre- 
sentative. 

District 18 shall consist of Traill county, and be entitled to three repre- 
sentatives. 

District 19 shall consist of Steele' county, and be entitled to one repre- 
sentative. 

District 20 shall consist of Gri^rcrs county,' and be entitled to one repre- 
sentative. 

District 21 shall consist of Cass county, and be entitled to seven repre* 
sentatives. 

District 22 shall consist of Barnes county, and be entitled to three repre- 
sentatives. 

District 23 shall consist of Stutsman county, and be entitled to two repre- 
sentatives. 

District 24 shall consist of Kidder county, and be entitled to one repre- 
sentative. 

District 25 shall consist of Burleigh county, and be entitled to two repre- 
sentatives. 

District 26 shall consist of Morton county, and be entitled to two repre- 
sentatives. 

District 27 shall consist of Oliver county, and be entitled to one repre- 
sentative. 

District 28 shall consist of Mercer county, and be entitled to one repre- 
sentative. 

District 29 shall consist of Stark county, and be entitled to one repre- 
sentative. 

District 30 shall consist of Billings county, and be entitled to one repre- 
sentative. 

District 31 shall consist of Kiohland county, and be entitled to three repre- 
sentatives. 

District 32 shall consist of Ransom county, and be^entitled to two repre- 
sentatives. 

District 33 shall consist of Sargent county, and be entitled to two repre- 
sentatives. 

District 34 shall consist of LaMoure county, and be entitled to one repre- 
sentative. 

District 35 shall consist of Dickey county, and be entitled to two repre- 
sentatives. 

District 36 shall consist of Logan county, and be entitled to one repreaent- 
ative. 



Monday, Jult 22, 1889. 117 



District 37 shall consist of Mcintosh county, and be entitled to one repre- 
sentative. 

District 38 shall consist of Emmons county, and be entitled to one repre- 
sentative. 

Which was read the first time. 

Mr. Lauder moved that the rules be suspended and that arti- 
cles be read by title only. 

Which motion prevailed. 

Mr. Lauder introduced File No. 109 — 

Section 1. The Legislature shall protect by law from forced sale, a cer- 
tain portion of the homestead and other property of all heads of families. 

Ssa 2. The holding of large tracts of land, uncultivated and unimproved, 
b^ individuals or corporations, is against the public interest, and should be 
discouraged by all means not inconsistent with the rights of private property. 

Bbc. 3. Land belonging to the state, which is suitable for cultivation, 
shall be granted only to actual settlers, and in quantities not exceeding three 
handred and twenty acres to each settler, under such conditions as may be 
prescribed by law. 

Which was read the first time. 
Also File No. 110— 

SCHEDULE. 

That no inconvenience may arise by reason of the change in the form of gov- 
ernment, it is hereby ordained and declared: 

Section 1. That all laws in force at the time of the adoption of this Con- 
stitution shall so far as not inconsistent therewith, remain of the same force as 
if this Constitution had not been adopted, until they expire by their own limit- 
ation or are repealed by the Legislature; and all rights actions, prosecutions, 
claims and contracts of the territory of Dakota, counties, individuals or bodie 
politic, (not inconsistent therewith) shall continue as if the form of govern- 
ment had not been changed and this Constitution adopted. 

Ssa 2. That all recognizances, obligations and all other instruments en- 
tered into or executed before the admission of the state, to the Territory of Da- 
kota, or to any county, school district, or other municipality therein, or any 
officer thereof, and all fines, tfixes, penalties, forfeitures due or owing to the 
territory of Dakota, or any such counties, school district or municipality or 
officer, and all writs, actions, causes of action, except as hereinafter otherwise 
provided, shall continue and remain unaffected by the change of the form 
of government. All indictments which shall have been found or may hereafter 
be found, all informations which shaU have been filed or may hereafter be 
filed for any criminal offense committed before this Constitution takes effect, 
may be proceeded upon as if no change had taken place except as otherwise 
provided in the Constitution. 

Sec. 3. That all property, real and personal, and all moneys, credits, 
claims and choses in action belonging to the territory of Dakota at the time of 
the adoption of this Constitution, shall become vested in and become the prop- 
erty of the state of North Dakota. 

Sec. 4 The Legislature of the state of North Dakota, shall pass all neces- 
sary laws to carry into effect the provisions of the Constitution. 

8bc. 5. Whenever any two of the judges of the supreme court of the state 
elected or appointed under the provisions of this Constitution, shall have quali- 
fied in their office the causes theretofore pending in the supreme court of the 
territory of Dakota, taken to said court on appeal or otherwise from any county 
which shall be included in, and form a part of the state of North Dakota, the 



118 Journal of the Convention, 



papers, records and proceeding of said court pertaining to said causes, shall 

Sass into the jurisdiction and possession of the supreme court of the state of 
forth Dakota ; and until so superseded the supreme court of the territory, and 
the judges thereof shall continue with like powers and jurisdiction as it this 
Constitution had not been adopted. Whenever the judge of the district court 
of any disjrict, elected or appointed under the provisions of this Constitution 
shall have qualified in his office the several causes theretofore pending in the dis- 
trict court of the territory of Dakota within any county in such distriot,Qie records, 
papers and proceedings of said district court, and the seal and other property 
pertaining thereto, shall pass into the jurisdiction and possession of tlie district 
court for such county, and until the district courts of the territory shall be 
organized in manner aforesaid, said district courts and the judges thereof, 
shall continue with the same jurisdiction and powers, to be exercised in the 
same judicial district respectfully as heretofore constituted under the laws of 
the territory of Dakota. 

Sbc. 6. The terms of office of the several judges of the supreme and dis- 
trict courts as elected under this Constitution, sh^ commence on the day 

of A. D., 1889. Before entering upon the duties of their respec- 
tive offices, the several judges of the supreme and district courts shall severally 
subscribe the oath of office as provided by law, which said oath of office lifter 
having been taken and subscribed as aforesaid shall be filed in the office of the 
secretary of state. 

Beg. 7. All officers, civil and military, now holding office by election or 
appointment in this territory under the authority of the United States or of this 
territory, shall continue to hold and exercise their respective office and appoint- 
ment until superseded under this Constitution or the laws of the state of North 

Dakota. 

Seo. 8. It is hereby made the duty of the Legislature at its first session, 
to provide for the payment of all debts and indebtedness authorized to be in- 
curred by the Constmutionnl Convention of North Dakota which shall remain 
unpaid after the appropriation made by Congress if the same shall have been 
exhausted. 

Sec. 9. The provisions of this Constitution shall be in force from the day 
on which the President of the United States shall issue his proclamation declar- 
ing the state of North Dakota into the Union; and the governor, secretary, 
auditor, superintendent of public instniction and all other officers of the terri- 
tory of Dakota shall continue to discharge the duties of their respective offices 
after the admission of the state into the Union and until the qualification of 
the officers elected or appointed under said governmei t. And said officers for 
the time they may serve shall receive the sfune compensation as the state 
officers shall by law be paid for like services. 

Which was read the first time. 

Also File No. Ill— 

Section 1. All property in the state, not exempt under the laws of the 
United States, shall be taxed in proportion to its value, to be ascertained as 
provided by law. The word properi y as used in this article and section is 
hereby declared to include moneys, credits, bonds, stocks, dues, franchisee and 
all other matters and things, real, personal and mixed capable of private own- 
ership; Provided, that growing crops, property used exclusively for religious 
or charitable purposes, and such as may belong to the United States, this state 
or to any county or other municipal corporation within the state shall be 
exempt from taxation. The Legislature may provide, except in case of credits 
secured by lien upon real estate for a deduction from credits of debts due to 
ho7i(i fide residents of this state. 

Se<^ 2. . Land and the improvements thereon shall be separately assessed; 
(Miltivated and uncultivated land, of the same quality and similarly situated, 
shall be assessed at the same value. 

Seo. 3. A mortgage upon real estate or a deed of trust thereof or contract 
or other obligation by which a debt is secured thereon shall for the purpoees 



Monday, July 22, 1889. 119 



of Bflsessment and taxation be deemed and treated as an interest in the real ee- 
tate affected thereby, except as to railroad and other qtuisif public corpora- 
tions; in case of debts so secured, the value of the real estate affected by such 
mortfi^age, deed of trust, contract or oblifjration, less the value of such security, 
shall be assessed and taxed to the owner of the real estate, and the value of 
such security shall be assed and taxed to the owner thereof in the county, city, 
or district in which the real estate affected thereby is situated. The taxes so 
levied shall be a lien upon such real estate and sKsurity and may be paid by 
either party to such security; if the owner of such real estate shall pay the tax 
80 levied upon such security it shall constitute a payment thereon and to the 
extent of such payment a full discharge thereof; pi'ovidedt that if any such se- 
curity or indebtedness shall be paid by any such debtor or debtors after assess- 
ment, and before the tax levy the amount of such levy may likewise be re- 
tained by such debtor or debtors, and shall be computed according to the tax 
levy of the preceding year. 

Seg. 4. Every contract hereafter made, by which any debtor is obligated 
to pay any tax or assessment on money loaned, or on any mortgage, deed of 
trust, or other lien, shall, as to any interest specified therein, and as to such 
tax or assessment, be null and void. 

Sec. 6. The power of taxation shall never be surrendered or suspended by 
any grant or contract to which the state or any county, or other municipal cor- 
poration, shall be a party. 

Sec. 6. The Legislature shall have the power to provide by law for the 
payment of all taxes on real estate by installments. 

Sec. 7. All property, except as hereinafter in this section provided, shall 
be assessed in the county, city, city and county, township, town, village or dis- 
trict in the manner prescribed by law. The franchise, road way, road bed, rails 
and rolling stock of all railroads operated in this stat*', shall be assessed by 
the state board of equalization at their actual value, and the same shall be ap- 
portioned to the counties, cities, towns, townships and districts in which said 
roads are located, in proportion to the number of miles of railway laid in such 
counties, cities, towns, townships and districts ; provided^ that for the pur- 
poses of assessment and taxation, said railroads shall not be valued at more 
than seven thousand dollars per mile, nor less than three thousand dollars per 
mile. 

Sec. 8. Income taxes may be assessed to and collected from persons, cor- 
porations, joint stock associations or companies, resident or doing business in 
this state, or anv one or more of them, in such cases and amounts and in such 
manner as may be prescribed by law. 

Sec. 9. The Legislature may provide for the levy, collection and dispo- 
sition of an annual poll tax of not more than three dollars on every male in- 
habitant of this state over twenty-one and under sixty years of age, except 
paupers, idiots, insane persons and Indians not taxed. 

SEa 10. The Legislature shall pass all laws necessary to carry out the 
provisions of this article. 

Which was read the first time. 

Mr. Sandager introduced File No. 11*2 — 

It shall be the duty of the legislature to provide by law for the deduction 
from salaries of public officers who may be guilty of neglect of duty. 

Which was read the first time. 

Also File No. 113— 

Every person who shall be found guilty of giving or receiving any money 
f>r thing of value for votes or influence in elections shall be forever therejifter 
d m isfranchised. 

Which was read the first time. 
-Also File No. 114- 

The Legislature shall have power to pass all laws necessary to prevent the 
formation of combinations of capital or business in the nature of trusts. 



120 Journal of the Convention, 

Which was read the first time. 

Also File No. US- 
No ]aw shall ever be passed exempting imder a f^ross-eamin^ system or 
otherwise the property of any corporation, except such is actually used in the 
operation of the business of said corporation. 

Which was read the first time. 

Also File No. 116— 

The Lepfislature shall provide by law for exemptions, but in no case shall 
such exemptions include more than a homestead not exceeding; in value one 
thousand dollars and personal property ^not to exceed in value five hundred 
dollarF. 

Which was read the first time. 
Also File No. 117— 

Nothing shall be exempt from distress and sale for taxes, except wearinfl: 
apparel and household floods, and all hens created after the adoption of tliis 
Constitution shall be subject to any legal tax that may be levied on any prop- 
erty on which such tax is levied. 

Which was read the first time. 

Mr. Bennett, (by lequest of W. J. Anderson, of Grand Forks,) 
introduced File No. 118— 

The Legislature may provide that at the general election immediately pre- 
ceding the expiration of the term of a United States Senator from this state, 
the electors may by ballot express their preference for some person for the 
office of United States senator. The votes cast for such candidates shall be 
canvassed and returned in the same manner as for state officers. 

Which was read the first time. 

Mr. Williams introduced File No. 119 — 

Resolved, That among the permanent officers of the state of North Da- 
kota there shall be a commissioner of agriculture, to be appointed by the Gov- 
ernor every two years ; the salary of said official to be dollars per annum. 

Which was read the first time. 

Mr. Parsons of Morton, introduced File No. 120, being the con- 
stitution of South Dakota as appears in Long's Legislative Hand 
Book. 

Which was read the first time and ordered not printed. 

SECOND READING OF ARTICLES. 

File No. 94 was read the second time and referred to the Com- 
mittee on Corporations other than Municipal. 

File No. 95 was read the second time and referred to the Com- 
mittee on Legislative Department. 

File No. 96 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 97 was read the second time and referred to the Com- 
mittee on Judiciary. 

File No. 98 was read the second time and referred to the Com- 
mittee on Education. 



Monday, July 22, 1889. 121 



File No. 99 was read the second time and referred to the Com- 
mittee on School and Public Lands. 

File No. 100 was read the second time and referred to the Com- 
mittee on Legislative Department. 

File No. 101 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 102 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 103 was read the second time and referred to the Com- 
mittee on Revenue and Taxation. 

File No. 104 was read the second time and referred to the Com- 
mittee on (iorporations other than Municipal. 

File No. 105 was read the second time and referred to the Com- 
mittee on Elective Franchise. 

Mr. Bolfe moved that the vote by which standing committees 
he required to report by next Thursday be reconsidered. 
Which motion was lost 

Mr. McHugh moved that that the Convention do now resolve 
itself into a committee of the Whole. 
Which motion prevailed. 

The President called Mr. McHugh to the chair. 

When the committee rose the following report was presented: 

'Mr, Pbbbidemt: 

Your Ck>minitiee of the Whole have had nnder oonBideration File No. 25 
^rovidincT that the legifllative authority be veeted in a suikIo body and report 
progress and ask leave to sit agrain. 

P. McHuQH. 
Chairman. 

Mr. Williams moved that the report of the Committee of the 
^hole be adopteiL 

Which motion prevailed. 

The Journal of the preceding session was read and corrected by 
inserting Section 6, in File No. 105, as follows: 

^*The Legislature shall from time to time make snch laws as to carry out 
"^he provisions herein provided for, and to enact snch laws as shall be more 
effectual in securing an honest ballot and to prevent fraud, bribery and im* 
proper expenditure of election funds, but shall have no power to make any law 
'less stringent than herein provided." 

Also by adding at the close of said article the words, "which 
"^as read the first time," and also adding the same words 
following File No. 106. 

Mr. McHugh moved to adjourn. 

Which motion prevailed, and the Convention adioumed. 

J. G. Hamilton, 

Chief Clerk. 



16 



122 Journal of the Convention, 



Tuesday, July 23, 1889. 



The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding. • 

Prayer was offered by the Chaplain. 

The roll was called, all members 1)eing present except Messrs. 
Budge, Peterson, Powers, Pollock and Bolfe, who were excused. 

The Journal of the preceding session was read and corrocted 
by striking out the word "passed," and in lieu thereof insert the 
words "was indefinitely postponed" in the first line on page 2, 
July 22. 

PETITIONS AND COMMUNIOATIONS. 

Mr. ]V{«Hugh presented the following petition: 

To the Honorable P. McHn^h, B. R Gliok, John MoBride and Joseph Powles, 
Membern of the Ooustitutional Convention, N. D., from Gavalier ooontj. 
The petition of the subsoribers, oitizens and voters of Cav- 
alier connty, N. D., respeotfully shows that yoar petitioners 
are in favor of having provisions made in the Oonstitntion 
about to be framed prohibiting the mannfaotare and sale of intox- 
icating lianor within the state of North Dakota; and we, yoar petitioners, would 
respeotfully ask that yon use all honorable means to have saoh provisioiia in- 
corporated into the Constitution about to be framed. 

We would further ask that> if you are unable to have this prohibition arti- 
cle incorporated into the Constitution, that you use your best efforts to have 
an amendment to the Constitution prohibiting the manufaotnre and sale of in- 
toxicating liquor, to bo submitted to a vote of the people at tte fall election 
for their adoption or rejection. 

John Mahon, et ah 

Blue Mountain Lake, N. Y., July 22, 188^ 
TJie President of the Constitutional Convention: 

The American Sabbath Union, whose oflloe is at 23 Park Bow, earnestly 
recom mend that a provision should be inserted in your New Oonstitntion pro- 
tecting and encouraging Sabbath observance. Perhaps the following Ibrm 
would be acceptable to the Convention: **No work or trade shall be ^Danied 
on, on the first day of the week usually called Sunday, except Budh as may be 
strictly charitable or necessary and the Legislature shall pass laws regfola- 
tiog and encouraging the observance of the Holy Sabbath by all tiie peopleb*' 
If the matter has not already been favorably acted upon by the Oonveiinon, 
will you not kindly take the necessary steps to*have this or a similar propo- 
sition adopted by the Convention and thus lay the Constitution for the new 
state upon the sure foundation of the divine, word and reap the gratitude of 
your own people and those of the whole country. Elliot F. Shbpabd, 

President of the American Sabbath Union. 



Tuesday, July 23, 1889. 123 



Mr. Camp offered the following resolution and moved its adop- 
tion: 

Reimlved^ That the stenographer be and he is hereby instructed not to 
±ake down the proceeding of the Committee of the Whole; and that no pro- 
oeedings had iu Committee of the Whole be printed. 

The President ruled the same out of order. 

REPORTS OF STANDINQ COMMITTEES. 
'Mm. Pbesidbnt: 

Yoar Oonmnttee on Apportionment to whom File No. 20 was 
referred have had the same under consideration and report the same back 
ysnth the recommendation that the five first sections be referred to the Commit- 
tee on Legislative Department 

Andrew SiiOtten, 
Chairman. 

Mr. McHugh moved that the report be adopted. 

Which motion prevailed. 

Mr. Williams by unanimous consent introduced the following as 
a substitute for Section 6, Page 48, of File No. 106: 

Smo, 6. The president of the convention shall immediately after the ad- 
lonmment thereof cause this Constitution to be deposited in the office of the 
sovemor of the territory, and if after the submission of the same to a vote of 
the people as herein provided, it shidl appear that it has been adopted by a 
vote of the people of the dtate, then the governor shall forward a certified copy 
of the same, together with an abstract of the votes polled for and against the 
Constitution, to the president of the United States. 

And moved that the consideration of Pile No. 106 be postponed 
until July 24. 

Which motion prevailed. 

REPORT OP COUNTY AND TOWNSHIP ORGANIZATION. 

The president called Mr. Purcell to the chair. 

Mr. Moer moved that File No. 25 be taken up for consideration. 

Which motion prevailed. 

Mr. Miller moved that the consideration of the report of the 
oommittee on county and township organization be postponed 
i:&ntil Thursday, July 25. 

Which motion was lost. 

SECOND READING OF ARTICLES. 

File No. 107 was read the second time and referred to the Com- 
ittee on jSchool and Public Lands. 

File No. 108 was read the second time and referred to the Com- 
ittee on Apportionment 

File No. 109 was read the second time and referred to the Com- 
>=^ittee on Miscellaneous. 

^f ile No. 110 was read the second time and referred to the Com- 
^ittee on Schedule. 

^^ile Na 111 was read the second time and referred to the Com- 
^it;tee on Revenue and Taxation. 



124 



Journal of thb Convention, 



File No. 112 was read the second time and referred to the Com— 
mittee on Legislative Department 

File No. 113 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 114 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 115 was read the second time and referred to the Com- 
mittee on Revenue and Taxation. 

File No. 116 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 117 was read the second time and referred to the Com- 
mittee on Revenue and Taxation. 

File No. 118 was read the second time and referred to the Com- 
mittee on Legislative Department 

File No. 119 was read the second time and referred to the Com- 
mittee on Executive Department 

File No. 120 was reeul the second time and referred to the Com- 
mittee of the Whole. 

Mr. Parsons, of Morton, moved that the Convention do now re- 
solve itself into a Committee of the Whole to consider File No. 26. 
Which motion prevailed, and 
Mr. O'Brien was called to the chair. 

Messrs. Stevens and Turner were excused. 

Mr. Williams moved that the resolution referring to printing 
debates be referred to the Committee on Reporting and Publication. 

Which motion prevailed. 

Mr. Camp moved that the vote by which the resolution offered 
by Mr. Selby on July 18 passed be reconsidered. 

Teas and nays demanded. 

The roll being called there were ayes 49, nays 17, viz: 
Those who voted in the affirmative were: 



Messrs— 
AlliD, 
Almen, 
AppletoD, 
Bartlett, of Dickey, 
Bartlett, of QriggB, 
Bean, 
Bell, 
Bennett, 
Best, 
Blewett, 
Brown, 
Gamp, 
Garland, 
Garothers, 
Chaffee, 
Clark, 
Colton, 



Messrs- 
Douglas, 
Fay, 

Flemington, 
Gliok, 
Gray, 
Hangen, 
Heffge, 
Holmes, 
Johnson, 
Leaoh, 
Liinwell, 
Lohnes, 
Marrinan, 
Mathews, 
Meaoham, 
MoBride, 



MoHngh, 

MoKenzie, 

Noble, 

Nomland, 

O'Brien, 

Parsons, of Boleite, 

Paulson, 

Powles, 

Puroell, 

Ray, 

Biohardson, 

Robertson, 

Shuman, 

Hpalding, 

Wallaoe, 

Mr. President, 



Tuesday, July 23, 1889. 



125 



Those who voted in the negative were: 

MeescB— 

Clapp, Lowell, 

Ellioct, MiUer, 

Gabion, Moer, 

QnggB, Bowe, 

Harris, Sandager, 

Lander, Soott, 

Absent and not voting: 

Messrs- 
Badge, Peterson, 
Hoyt, Powers, 
Parsons, of Mortoo, Pollock, 



Messrs — 
Selby, 
Slotton, 
Stevens, 
Wellwood, 
Williams, 



Messrs— 
Bolfe, 
Tomer, 
Whipple, 



So the motion to reconsider prevailed. 

Mr. Camp moved to amend the resolution of Mr. Selby by in- 
serting after the word "Convention" where it first occurs, the 
words "but not the proceedings or debates of the committee of 
the whole hereafter had " 

Yeas and nays demanded. 

The roll being called there were ayes 47, nays 19, viz: 

Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs— 


Allin, 


Douglas, 


MoHiigh, 


Ahneo, 


Fay, 


MoKenzie, 


Appleton, 


Flemington, 


Noble, 


Bartlett, of Dickey, 


Gayton, 


Nomlaud, 


Bartlett, of Griggs, 


Glick, 


O'Brien, 


Bell, 


Gray, 


Parsons, of Bolette, 


Bennett, 


Haugen, 


Paulson, 


Best, 


Hegge, 


Powlee, 


Blewett, 


Holmes, 


Puroell, 


Brown, 


Leaoh, 


Bay, 


Camp, 


Linwell, 


Biohardson, 


Garland, 


Lohnes, 


Bobertson, 


Garothers, 


Marrinan, 


Shuman, 


Chaffee, 


Mathews, 


Spalding, 


Clark, 


Meaohftn, 


Mr. President. 


Colton, 


MoBride, 




Those who voted 


in the negative were: 




Messrs- 


Messrs- 


Messrs — 


Been, 


Miller, 


Slotten, 


Clapp, 


Moer, 


Stevens, 


Elliott, 


Bowe, 


Turner, 


Earns, 


Sandager, 


Wallace, 


Johnson, 


Scott, 


Wellwood, 


Lander, 


Selby, 


Williams. 


Lowell, 






Absent and not voting: 




^dessrs — 


Messrs- 


Messrs— 


Badge, 


Parsons, of Morton, 


Pollook, 


Griggs, 


Peterson. 


Bolfe, 


Hoyt, 


Powers, 


Whipple, 


Mr. Lohnes moved to adjourn. 




Which motion prevailed and the Convention adjourned. 






J. G. Haatilton, 






Chief Clerk 



126 Journal of the Convbntion, 



Wednesday, July 24, 1889. 

The Couvention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Messrs. 
McHugb, Powers and Spalding, who were excused. 

The Journal of the preceding session was read and approved. 

PETITIONS, COMMUNICATIONS, ETC. 

Mr. Nomland presented the following petition: 

HiLLBBORO, N. D., Jnly 23, 1889. 
To the Caiuttiutional Convention of North Dakota: 

GentijBMEn: The Scandiuavian Temperance Society of Dakota, repre- 
sentiDg at large the loyal and progressive element among oar fellow oituBens 
of ScMidinavian people, at its annual meeting held at Northwood, Grand 
Forks county, the 10th and 11th inst, adopted the following reeoHtion, which, 
according to order, allow me as the secretary of the society to forward to year 
honorable body: 

W?ierea4t, The saloon traffic is a source of all misery, vice, crime, pauper- 
ism and all temporal and eternal destruction, is the worst enemy of civil and 
Christian progress. This society strongly oppose all kinds of legalizing the 
traffic by high or low license; therefore, be it 

Resolved, That this society petition the honorable body of the Oonstita- 
tional Convention, now assembled in Bism arck to do its best to secure oonsti- 
tntional prohibition for North Dakota. 

ToBosB F. Hay, 
Seoretuy. 

Mr. Gamp presented the foUowinp memorial: 

To the Honorable President and Members of the Constitutional ConvenHon 
for North Dakota: 

Gentlembn: It gives me pleasure, as the official representative of the 
citizens of Jamestown, to communicate to you in their behalf an invitation to 
adjourn the Convention to this city for the remainder of the term required to 
complete the State Constitution. I am authorized to guarantee commodions 
and comfortoble rooms for Convention and committee work free of estpenae, 
and free entertainment for the members who choose to accept it. AaBOiing 
yon of the good faith of the foregoing invitation, and hoping that it will re- 
ceive favorable consideration at your hands, I have the honor to subsoribe my- 
self. 

Tour Most Obedient Servant, 

B. W. FuujHB, 
Mayor of the City of Jamestown, North Dakota. 

Mr. Parsons of Bolette, introduced the following resolution: 

Resolved, That the Constitution, as adopted by this Convention, be printed 
in each of the newspapers published in North Dakota, and that all newspapm 
publishing the same be allowed a reasonable compensation therefor, aooorain^ 
to the circulation of the papers so publishing. 



Wednesday, Jult 24, 1889, 127 



That the Legislatare of the state at its first sessioD make an appropriatioD 
toT the payment of the printing and publication of the Constitution as herein 
K>TOyided. 

Mr. Wallace moved that the resolution be referred to the Com- 
mittee on Printing. 

Which motion prevailed. 

REPORTS OF STANDING COMMITTEES. 

The Committee on Judicial Department submitted the follow- 
ing report: 

File Xa 121. 

JUDICIAL DEPARTMENT. 



ABTIOLB 



Sbction 1. The judicial power of the state of North Dakota shall be 
vested in a Supreme Court, district court8,probate courts, justices of the peace, 
and in such other courts as may be created by law for cities, incorporated 
towns and villa^^es. 

8bc. 2. The Supreme Court, except as otherwise provided in this Consti- 
tution, shall have appelate jurisdiction only, which shall be co-extensive with 
the state and shall have a general superintending control over all inferior 
courts nnder such reerulatiouB and limitations as may be prescribed by law. 

Sbc 3. It shall have power to issue writs of habeas corpus, mandamtis, 
quo warranto, certiorari, injunction, and such other original and remedial 
writs as may be necessary to the proper exercise of its jurisdiction, and shall 
have anthority to hear and determine the same; provided, however, that no 
jury trials shall be allowed in said Supreme Court, but in proper cases ques- 
tions of fact may be sent by said court to a district court for trial. 

Sbo. 4 At least three terms of the Supreme Court shall be held each year 
at tiie seat of government. 

Sec 5. ^e Supreme Court shall consist of three judges, a majority of 
whom shall be necessary to form a quorum or pronounce a decision, buc one 
or more of said judges may adjourn the court from day to day or to a day 
certain. 

Sbo. 6. The judges of the Supreme Court shall be elected by the qual- 
ified electors of the stote at large, and except as may be otherwise provided 
herein for the first election for judges nnder this Constitution, said judges 
shall be elected at general elections. 

Sbo. 7. The term of office of the judges of the Supreme Court, except as 
in this article otherwise provided, shall be six years and shall hold their offices 
until their successors are duly qualified. 

Sbc S. The judges of the supreme court shall immediately after the first 

election nnder this Constitution, be classified by lot so that one shall hold his 

office for the term of two years, one for the term of four years, and one for the 

term of six years from the first Monday in December A. D. 1889. The lot shall 

be drawn by the judges who shall for that purpose assemble at the seat of 

fifovemment, and they shall cause the result thereof to be certified to the 

secretary of the territory and filed in his office, unless the secretary of state of 

North Dakota shall have entered upon the duties of his office, in which event 

said certification shall be filed therein. The judge having the shortest term 

to serve, not holding his office by election or appointment to fill a 

vacancy, shall be the chief justice snd shall preside at all terms of the supreme 

oouit, and in case of his absence the judge having in like manner, the next 

alxortest term to serve shall preside in his stead. 

8bc. 9. There shall be a clerk and also a reporter of the supreme court who 
alittll be appointed by the judges thereof and who shall hold office during the 
pleasure of said judges, and whose duties and emoluments shall be prescribed 
by Jaw and by the rules of the supreme court not inconsistent with law. The 
Liesifilature snail make provision for the pubUoation and dbstribntion of the 



128 Journal of the Convention, 



decisions of the supreme court, and for the sale of the published yolumes 
thereof. 

Sbc. 10. No person shall be eligible to the office of judge of the supreme 
court unless he be learned in Jaw, be at least thirty years of age and a citizen 
of the United States, nor unless he shall have resided in this state or territory 
of Dakota five years next preceding his election. 

Seo. 11. Whenever the population of the State of North Dakota shall 
equal six hundred thousand the Legislature shall have the power to increase 
the number of judges of the Supreme Oourt to five, in which event a majority 
of said court as thus increased shall constitute a quorum. 

Seo. 12. No duties shaJl be imposed by law upon the Supreme Court or 
any of the judges thereof, except such as are judicial, nor shall any of the 
judges thereof exercise any power of appointment except as herein provided. 

Seo. 13. The style of all process shall be *'The State of North Dakota." All 
prosecutions shall be carried on in the name and by the authority of the 
State of North Dakota, and conclude, "against the peace and dignity of the 
sama" 

Seo. 14. Any vacancy happening by death, resignation or otherwise in the 
office of the Judge of the Supreme Oourt, shall be filled by appointment by 
the governor, which appointment shall continue until the first general elec- 
tion thereafter, when said vacancy shall be filled by election. 

Seo. 15. The judges of the supreme and district courts shall receive such 
compensation for their services as may be prescribed by law, which compensa- 
tion shall not be increased or diminished during the term for which a judge 
shall have been elected. 

Sec. 10. In case a judge of t*he supreme court shall be in any manner in- 
terested in a case brought before said court, the remaining judges of said oourt 
shall call one of the district judges to sit with them on the hearing of said 
case. 

DISTRIOT OOUBTS. 

Sec. 17. The district court shall have original jurisdiction, except as 
otherwise provided in this Constitution, of all causes both at law and in equity, 
and such appelate jurisdiction as may be conferred by law. They and the 
judges thereof shall also have jurisdiction and power to issue writs of hdbexut 
corpna^viandumuH^ quo wan^anto^ cevtioraH^iiiyinciioJi and other original and 
remedial writs, with authority to hear and determine the same. 

Sec. 18. The state shall be divided into six judicial districts, in each of 
which there shall be elected at general elections, by the electors thereof, one 
judge of the district court therein, whose term of office shall be four years 
from the first Monday in January succeeding his election and until his suc- 
cessor is duly qualified. This section shall not be construed as governing the 
first election of district judges under this Constitution. 

Sec. 19. Until otherwise provided by law, said districts shall be oonsti- 
tuted as follows: 

District No. 1 shall consist of the counties of Pembina, Cavalier, Walsh, 
Nelson and Grand Forks. 

District No. 2 shall consist of the counties of Bamsev, Towner, Benson, 
Pierce, Rolette, Bottineau, MoHenry, Church, Renville, ward, Stevens, Monn- 
traille, Garfield, Flanney and Buford. 

District No. 3 shall '*onsist of the counties of Cass, Steele and Traill. 

District No. 4 shall consist of the counties of Richland, Ransom, Sargent, 
Dickey and Mcintosh. 

District No. 5 shall consist of the counties of Logan, LaMonre, Stutsman, 
Barnes, Wells, Foster, Eddy and Griggs. 

District No. 6 shall consist of the counties of Burleigh, Emmons, Kidder, 
Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark, Hettinger, Bow- 
man, Billings, McKenzie, Dann, Wallace and Allred, and that portion of the 
Sioux Indian reservation lying north of the seventh standard parallel. 

Sec. 20. The Legislature may. whenever two- thirds of the members of 
each house shall concur therein, but not oftener than once in four years, in- 



Wednesday, July 24, 1889. 129 



erease the number of said judicial districts, and the judges thereof; such dis- 
tricts shall be formed from compact territory and boimded by county lines, but 
sach increase or change in the boundaries of the district shall not work the re- 
moval of any judge from his office during the term for which he may have been 
deoted or appointed. 

Bbc. 21. No person shall be eligible to the office of district judge, unless 
be be learned in the law, be at least twenty-five years old, and be a citizen of 
ibe United States; nor unless he shall have resided within the state or territory 
of Dakota at least two years next preceding his election; nor unless he shall, 
at the time of his election, be an elector within the judicial district fbr which 
be is elected. 

Ssc. 22. There shall be a clerk of the district court in each organized 

comity, in which a court is holden, who shall be elected by the qualified 

electors of the county, and shall hold his office for the same term as other 

ooont^r officers. He shall receive such compensation for his services as may be 

prescribed by law. 

Ssa 2S. Writs of error and appeals may be allowed from the decisions of 
<^i8triot courts to the supreme court, under such regulations as may be pre- 
^wnibed by law. 

PBOBATB OOUBTS. 

Sec 24. There shall be established in each county a probate court, which 
Lliall be a court of record, open at all times and holden by one judge, elected 
>y the electors of the county, and whose term of office shall be two years. 
Sbc. 25. The probate court shall have jurisdiction in probate and testa - 
zxaentary matters, tne appointment of administrators and guardians, the settle- 
Kxaent of the accounts of executors, administrators and guardians, the sale of 
^ suds by executors, administrators and guardians, and such other probate jur- 
"iffa diction as may be conferred by law. 

JUSnOBS OF THE PSACB. 

Sbc. 26. The Legislature shall provide by law for the election of justices 
the pejaoe in each organized county within the state, but the number of 
lid juBtioes to be elected in each organized county, shall be limited by law to 
ncich a number as shall be necessary for the proper administration of justice, 
justices of the peace herein provided for shall have exclusive jurisdiction 
all dvil actions, where the amount in controversy exclusive of costs does 
XI ot exceed fifty dollars, and concurrent jurisdiction with the district court in 
&1] civil acAions where the amount in controversy exclusive of costs does not ex- 
oeed two hundred dollars. They shall have such jurisdiction as committing 
magistrates as may be'prescribed by law,but in no case shall said justices of the 
peace have jurisdiction, where the boundaries of, or title to, real estate shall 
oome in question. 

POLICE MAOI8TBATBS. 

Sbc. 27. The Legislature shall provide by law for the election of police 

maipstrates in cities, incorporated towns and '^ages, who in addition to their 

^nnadiction of all cases arising under the ordinances of said cities, towns and 

plages shall be ex-offlcio justices of the peace of the county in which said 

dtJM, towns and villages may be located, and the Legislature may confer upon 

udd police magistrates, the jurisdiction to hear, try and determine all cases of 

DQudemeanor and the prosecutions therein shall be by information. 

Sia 28. Appeals snail lie from the probate court, final decisions of justices 
ot the peace and police magistrates in such cases and pursuant to such regu- 
H^ioQB as may be prescribed by law. 

MICELIiAySOUS. 

Stt. 29. The time of holding courts in the several counties of a district 
||u^ be as provided by law, but at least two terms of the district court shall 
l^^beld annually in each organized county, and the Legislature shall make 

17 



130 Journal of the Convbntion, 



provisiou for attoohiDf^ UDor^aiiized ooanties or territory to organized ooanties 
for judicial purposes. 

Seo. 3(). Judges of the district courts may hold oonrts in pther districts 
than their own under such regulations as shall be preflcribed by law. 

Sbc\ 31. No judge of the supreme or district courts shall act as attorney 
or counsellor at law. 

Seo. 32. Unfcil the Legislature shall provide by law for fixiiur ^he terms of 
courts, the judges of the supreme and district courts shall St the terms 
thereof. 

Seo. 33. No judge of the supreme or district court shall be elected or ap- 
pointed to any other than a judicial office, or is eligible thereto daring the 
term for which he was elected or appointed such judge. All votes or appoint- 
ments for either of them for any elective or appointive office, except that of 
judge of the supreme court or district court, given by the legislature or the 
people, shall be void. 

Seo. 34. Tribunals of conciliation may be established, with snob powers 
and duties as shall be prescribed by law, or the powers and duties of the same 
may be conferred upon other courts of justice, but such tribunalB or other 
courts when sitting as such shall have no power to render judgment to be ob- 
ligatory on the parties, unless they voluntarily submit their matters of differ- 
ence and agree to abide the judgment of such tribunals or oourts. 

Mr. Miller moved that the further consideration or File Na 106 
be postponed until Saturday, July 27th. 

Which motion prevailed. 

Tlie following report of the Committee of the Whole of July 
23d was considered: 

Mr. President: 

Your Committee of the Whole have had under consideration File No. 25, 
vesting the legislative power in one body, and recommend that the farther con- 
sideration of File No. 25 be indefi^iitely postponed. Also have farther consid- 
ered File No. (>^f and recommend that Sections 4 and 5 be stridken out, and 
that Section () l>e adopte<L Your committee reports progress and aaks leave to 
sit again. 

Jas. F. 0*BBixir, 
Ohairman. 

Mr. Garland moved that tlie report of the Committee of the 
Whole he adopted. 

Which motion prevailed. 

Mr. Scott moved that the Convention proceed to the coDBidera- 
tion of File No. 63. 

Which motion prevailed, and 

The President called Mr. Scott to the chair. 

Mr. Noble moved that File No. 63 be recommitted to the Com- 
mittee on County and Township Organizations. 

Which motion prevailed. 

Mr. Bartlett of Griggs, moved to adjourn. 

Which motion prevailed and 

The Convention adjcmrned. 

J. G. Hamilton, 

Chief Clerk, 



Thuesday, July 25, iaS9. 131 



Thursday, July 25, 1889, 

f 

?he Convention assembled at 2 o'clock p. m., pursuant to ad- 
mment 

The President presiding. 

^rayer was oflfered by the Rev. M. Barker, of Fargo, 
lie roll was called, all members being present except Messrs. 
'land, Marrinan, Spalding and Stevens, who were excused, 
^he Journal of the preceding session was read and approved. 
Ir. Camp moved that the memorial presented by himself July 
l>e referred to a special committee of three to be appointed by 
President 

Vhich motion prevailed, and 

^he President appointed Messrs. Moer, Scott and Meacham as 
h committee. 

PETITIONS, COMMUNICATIONS, ETC. 

Ir. Best presented the following communication: 

Hamilton, July 17, 1889. 
he Delegates Assembled in Constitutional Convention in BisitMrckf N, D,: 

We, the members of Pembina County AlUanoe assembled at this time, 
yonr honorable body that yon provide that the office of oonnty oommis- 
dr be abolished and that the ohairman of each township board oonstitnte 
x>unty board. 

Resolved, That in the opinion of this ooonty allianoe, one house is all that 
quired for state legislation. 

Resolved, That in the opinion of this county allianoe Che early sale or 
) of aU school land within the jurisdiction of North Dakota is for the ben- 
>f the purpose for which it was intended, and that the sale of all such 
B take place in their respective counties and if leased, to be leased for pas- 
^ purposes only. 

W. G. Bbiogb, 

Secretary. 

[r. Miller moved that the resolution requiring standing corn- 
tees to report by July 25th, be reconsidered. 
iThich motion was lost. 

REPORTS OF STANDING COMMITTEES. 

Pbbsident: 

The Committee on Public Debt and Public Works respectfully repre- 
that they have their report under consideration and, pendmi; the report of 
Commission for the purpose of dividing the territorial debt, eta, would ask 
ler time. 

E. D. WaiiIiAOB, 
Chairman. 



132 Journal of the Convention, 



Which recjuest was gi anted. 

Mb. President: 

Yonr Committee on Accoante and ExpeDses respeotfully report that they 
will be nnable to report satisfactorily to the Convention nntil towards the close 
of the session thereof. 

O. G. Meacham, 
Chairman. 

Which request was granted. 

Mb. Pbesident: 

Tour committee appointed on Preamble and Bill of Bif^hts have had 
under consideration the articles referred to them, and respectfully reix>rt prog- 
ress, askinfJT leave to make final report at a future date. 

R N. Stbvxnb, 
Chainiian. 

Which request was granted. 

Mb. Pbesidemt: 

Yonr Committee on Revenue and Taxation would respectfully reix>rt that 
they have made progress, and would ask for further time to make final report 

J. L. OoiyEON, 
Chairman. 
Which request was granted. 

Mr. Scott moved that all committees not dependent upon other 
committees be required to make final report by Saturday July 27. 
Which motion prevailed. 

Mr. Williams moved that the reading of reports of standing 
committees to-day be by title only, except the reports of the Com- 
mittees on Temperance, Impeachment and Removal From Office. 

Which motion prevailed. 

Mb. Pbesident: 

Your Committee on the Executive Department report File Na 8 back to 
the Convention with the reoommendation that the same do not pass. 

The same committee report Files 73 and 119 back to the Convention with 
the information that the said files are covered in substance in the final 
report. 

W; EL Bows, 

Chaiiman. 

Mb. Pbesident: ' \ 

Your Committee on Public Institutions and Buildinfifs respeotfkiUy report 
that they have made progress but have not finished their report, and w^ leave 
that they be granted further time ingwhioh to complete said report. 

H. F. MuiiiKB, 

Chairman. 
Which request was granted. 

Mb. Pbesident: 

Your Committee on Corporations other than Municipal report pmcrooii 
and ask leave to sit again and report in future. 

M. X. JoHMBONy 

OhainnaD. 
Which request was granted. 

Mb. Pbesident: 

The Committee on Executive Department respectfully submit the follow- 
ing report: 



Thursday, July 25, 1889. 133 



ARTICLE 

* EXBCUrrVB depabtment. 

Sbgtion 1. The executive power shall be veeted iu a Governor, who shall 
reside at the seat of (rovernmeDt, and shall hold his office for the term of two 
years and antil his successor is elected and duly qualified; a Lieuteuant-Gk)v- 
ernor, who shall be electad at the same time and for the same term. 

Sbo. 2 No person shall be eli;nble to the office of (Governor or Lieutenant- 
Governor except a citizen of the United States and a qualified elector of the 
state, who shall have attained the age of thirty years and who shall have re- 
sided two years next preceding the election withiii the state or territory, nor 
shall he be eligible to any other office during the term for which he shall have 
been elected. 

Sec. 3. The Gt>vemor and Lieutenant-Gk)vemor shall be elected by the 
qualifled electors of the state at the time and plaoea of choosing members of 
the Legislature. The persons respectively having the highest number of votes 
for Governor and Lieutenant-Governor shall be elected, but if two or more 
shaD have an equal and highest number of votes for Gt>vemor or Lieutenant- 
Governor, the two houses of the Legislature, at its next regular session, shall 
forthwith, by joint ballot, choose one of such persons for said office. The re- 
turns of the election for Governor and Lieutenant-Governor shall be made in 
such manner as shall be prescribed by law. 

Seo. 4. The (Governor shall be commander-in-chief of the military and 
naval forces of the state, except when they shall be called into the service of 
the United States, and may call out the same to execute laws, suppress insur- 
rection and repel invasion. He shall have power to convene the Legislature 
on extraordinaiy occasions. He shall, at the commencement of each session, 
communicate to the Legislature, by message, information of the condition of 
the state, and shall recommend such measures as he shall deem expedient. He 
shall transact all necessary business with the officers of the government, civil 
and military. He shall expedite all such measures as may be resolved upon by 
the Legislature, and shall take care that the laws be faithfully executed. 

Sec. 5. The Gt>vemor shall nave power to remit fines and forfeitures, to 
grant reprieves, commutations and pardons after conviction for all offenses 
except treason and cases of impeachment, but the legislature may by law in 
all cases regulate the manner in which the remission of fines, pardons, com- 
mutations and reprieves mav be applied for. Upon conviction for treason he 
shall have power to suspend the execution of sentence until the case shall be 
reported to the Legislature at its next regular session, when the Legislature 
shall either pardon or commute the sentence, direct the execution of the sen- 
tence, or grant a further reprieve. He shall communicate to the Legislature at 
each regular seesion each case of remission of fine, reprieve, commutation or 
pardon granted by him, stating the name of the convict, the crime of which he 
18 convicted, the sentence and its date, and the date of the remission, commu- 
tation, pardon or reprieve, with his reasons for granting the same. 

Sbo. 6. In case of the death, impeachment, resignation, failure to qualify, 
absence from the state, removal from office, or other disability of the Governor, 
the powers and duties of the office for the residue of the term, or until he shall 
he acquitted or the disability removed, shall devolve upon the Lieutenant- 
Oovemor. 

Seo. 7. The Lieutenant-Governor shall be president of the senate, but 
«hall have only a casting vote therein. If during a vacancy of the office of 
Oovemor the Lieutenant-Governor shall be impeached, displaced, resign or 
^e, or from mental or physical disease, or otherwise become incapable of per- 
forming the duties of his office, the Secretary of State shall act as Governor 
until the vacancy shall be filled or the disability removed. 

Sec. 8. When any office shall from any cause become vacant, and no 
mode is provided by the Constitution or law for filling such vacancy, the Gk)V- 
«mor shall have power to fill such vacancy by appointment. 

Seo. 9. Every bill which shall have passed the Legislature, shall before 
it beoomes a law, be presented to the Governor. If he approve, he shall sign, 



134 Journal of the Convention, 



but if not he shall retnru it with his objections to the house iu which it orif?i- 
nated, which shall enter the objection at large upon the Jonrnal and proceed 
to reconsider it. If after such reconsideration two-thirds of the members pres- 
ent shall agree to pass the bill, it shall be sent, together with the objection, to 
the other house, by which it shall likewise be reconsidered, and if it be ap- 
proved by two-thirds of the members present, it shall become a law ; but iu fdl 
such cases the vote of both houses shsdl be determioed by the yeas and nays, 
and th'' names of the members voting for and against the bill shall be entereil 
uiK>n the Journal of each house respectively. If any bill shall not be returned 
by the Governor within three days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, unless the Legislature shall by its 
adjournment prevent its return, in which case it shall be filed with his objec- 
tion in the office of the Secretary of State, within fifteen days after such ad- 
journment, or become a law. 

Seo. 10. The (Governor shall have the power to disapprove of any item or 
items or part or parts of any bill making appropriations of money or property 
embracing distinct items and part or parts.of the bill approved shall be law, 
and the item or items and part or parts disapproved shall be void, unless 
enacted in the following manner: If the Legislature be in session he shall 
transmit to the house in which the bill originated a copy of the item or items 
or part or parts thereof disapproved, together with his objection thereto, and 
the items or parts objected to shall be separately reconsidered, and each item 
or part shall then take the same course as is prescribed for the passage of bills 
over the executive veto. 

Sec. 11. Any Gk)vemor of this state who asks, receives, or agrees to re- 
ceive, any bribe upon any understanding that his official opinion, judgment or 
action shall be influenced thereby, or who gives or offers, or promisee his 
official influence in consideration that any member of the Legislature shall 
give his official vote or influence on any particular side of any question or mat- 
ter upon which he mav be required to act in his official capacity, or who men- 
aces any member by the threatened use of his veto power, or who offers or prom- 
ises any member that he, the said Gk)vemor, will appoint any particular person 
or persons to any office created or thereafter te be created, in consid- 
eration that any member shall give his official vote or influence on any matter 
pending or thereafter te be introduced inte either house of said Legislature, or 
who threatens any member that he, the said Qovemor, will remove any person 
or persons from office or position with intent to in any manner influence the 
official action of said member, shall be punished in the manner now, or that 
may hereafter be provided by law, and upon conviction thereon, shall forfeit 
all right to hold or exercise any office of trust or honor in this stete. 

Sbg. 12. There shall be chosen by the qualified electors of the stete at 
the times and places of choosing mp^mbers of the Legislature, a Secretory of 
Stete, Auditor, Treasurer, Superintendent of Public Instruction, Commissioner 
of School and PubUc Lands, Commissioner of Insurance, three Commissioners 
of Railroads, Attorney-General and Commissioner of Agriculture and Statis- 
tics, who shall have attained the age of twenty-five years, and shall have the 
qualifications of stete electors. They shall severally hold their offices at the 
seat of government for the term of two years and until their successors are 
elected and duly quahfied, but no person shall be eligible to the office of Treas- 
urer for more than two consecutive terms. 

Sbc. 13. The powers and duties of the Secretory of Stete, Auditor, 
Treasurer, Superintendent of Public Instruction, Commissioner of School and 
Public Lands, Commissioner of Insurance, Commissioners of Railroads, At- 
torney-General and Commissioner of Agriculture and Stetistics shall be as 
prescribed by law. 

Sec. 14. Until otherwise provided by law, the Governor shall receive an 
annual salary of $3,000; the Lieutenant-Governor shall receive an annual 
salary of $1,000; the Secretery of State, Auditor, Treasurer, Superintendent of 
Public Instruction, Commissioner of School and Public Lauds, Commissioner 
of Insurance, Commissioners of Railroads and Attomey-Gktneral shall each re- 
ceive an annual salary of $2,000; the salary of the Commissioner of Agrioul- 



Thursday, July 25, 1889. 135 



tore and Statiatios shall be as prescribed by law, bnt the salaries of any of the 
said officers shall not be increased or diminished daring the period for which 
they shall have been elected; and all fees and profits arising from any of said 
offices shall recover into the state treasury. 

W H. BowB, 
Chairman. 
Mb. Pbbbident. 

Your Committee on Elective Franchise, to whom was referred Files Nos. 
13, 17, 29, 35, 62, 76 and 105, have had the same under consideration, and 
woold respectfally recommend the annexed article as a substitute therefor, 
and that it be incorporated in the Constitution as the article on elective fran- 
chise. 

Your committee further recommends that the annexed copy entitled "A 
BiU** printed by order of the Convention at the request of the committee, be 
incorporated in the schedule of this Constitution, with the proviso that the 
Legislature may alter or amend as they may deem proper. 

A. S. Parsons, 
f Chairman. 

[ Copy of Australian election bill, known as Council Bill No. 60, 
attached. ] 

ELECTIVE FRANCHISE. 



ABTIOLB 



Section 1. Every male person of the age of twenty-one years or upwards 
belonging to either of the following classes, who shall have resided in the state 
one year, in the county six months, in the precinct sixty days next preceding 
any election, shall be deemed a qualified elector at such election : 

First Citizens of the United States. 

Secohd. Persons of foreign birth who shall have declared their intention 
to become citizens one year and not more than six years prior to such election, 
conformably to the naturalization laws of the United States. 

Third. Cizilized persons of Indian descent who shall have severed their 
tribal relations two years next preceding such election. 

Sbo. 2. The Legislature shall be empowered to make further extensions 
of suffrage hereafter at its discretion to all citizens of mature age and sound 
mind, not convicted of crime, without regard to sex, but shall not restrict suf- 
frage without a vote of the people. 

Sec. 3. Electors shall in all cases except treason, felony, breach of the 
peace or illegal voting, be privileged from arrest on the days of election dur- 
ing their attendance at, in going to and returning from such election, and no 
elector shaU be obliged to perform military duty on the day of election except 
in time of war or public danger. 

Sec. 4. All general elections shall be biennial. 

Sao. 5. No elector shall be deemed to have lost his residence in this state 
by reason of his absence on business of the United States or of this state, or 
in the military or naval service of the United States. 

Sbc. 6. No soldier, seaman or marine in the army or navy of the United 
States shall be deemed a resident of this state in consequence of his being sta- 
tioned therein. 

SEa 7. No person under guardianship, non compos mentin^ or insane, shall 
be qualified to vote ot any election, nor shall any person convicted of treason 
or felony be qualified to vote at any election unless restored to civil rights. 

Sec. 8. Any woman having the qualifications enumerated in section 1 of 
this article as to age, residence and citizenship, and including those now qual- 
ified by the laws of the territory, may vote at any election held solely for 
school purposes, and may hold any office in this state, except as otherwise pro- 
vided in tMs Constitution. 

SEa 9. Ail elections by the people shall be by secret ballot, subject to 
such regulations as shall be provided by law. 



136 Journal of the Convention, 



The undersigned minority of this committee beg leave to sub- 
mit the following report: 

That the foUowiDj? section be substituted in lieu of section 2 of the com- 
mittee's report: 

Sec. 2. The legislature shall at its first session after the admission of the 
state into the UuioUf submit to a vote of the electors of the state the following 
question f to be voted upon at the next general election held thereafter, namely: 
**Shall the word *male' be stricken from the article of the Constitution relating 
to elections and the right of suffrage?*' If a majority of the votes cast upon 
that question are in favor of striking out said word "male," it shall be stricken 
out and there shall thereafter be no distinction between males and females in 
the exercise of the right of suffrage at any election in this state. 

A. S. Pabsons, 
M. F. Hbgob, 

V. B. NCBLE, 

O. G. Meacham, 
Jas. Bell, 
Wm. Ray, 
Geo. H. Pay. 

Mr. President: 

Your Committee on Education respectfully submit the following report, 

and recommend its adoption : 

ARTICLE . 



EDUOATION. 

Section 1. A high degree of intelligence, patriotism, integrity and mnral- 
ity on the part of every voter in a government by the people, being necessary 
in order to insure, the continuance of that government and tlie prosperity and 
happiness of the people, the legislature shall make provision for the establish- 
ment and maintenance of a system of public schools, which shall be open to all 
children of the State of North Dakota, and free from sectarian controL This 
legislative requirement shall be irrevocable without the consent of the United 
States and the people of North Dakota. 

Sec. 2. The Legislature shall provide at their first session after the 
adoption of this Constitution for a uniform system of free public schools 
throughout the state, beginning with the primary and extending through all 
grades up to and includiug the normal and collegiate course. 

Seo. 3. In all schools instruction shall be given as far as practicable in 
tliose branches of knowledge that tend to impress upon the mind the vital im- 
portance of truthfulness, temperance, purity, public spirit and respect for hon- 
est labor of every kind. 

Sec. 4. A State Superintendent of Public Instruction shall be elected by 
the qualified electors of the state at each gubernatorial election after the 
adoption of this constitution, whose quahfications, powers, duties and compen- 
sation shall be prescribed by law. 

Sec. 5. A superintendent of schools for each county shall be elected 
every two years, whose qualifications, duties, powers and compensation 
shall be fixed by law. 

Sec. 6. The Legislature may take such other steps as may be necessary 
to prevent illiteracy, secure a reasonable degree of uniformity in course of 
study and to promote industrial, scientific and agricultural improvement. 

Sec. 7. AH colleges, universities and other educational institutions, for 
the support of which lands have been granted to this state or which are sup- 
ported by a pubUc tax, shall remain under the absolute and exclusive control 
of the state. No money raised for the support of the public schools of the 
state shall be appropriated to or used for the support of any sectarian schooL 

J. D. McKbnzib, 
Chairman. 



i 



Thursday, July 25, 1889. 137 



Mb. Pbesidekt: 

Your Ck>miDittee on Mtmioipal Oorporations would respectfoUy submit a 
report, as follows: 

Sbotion 1. The Legislature shall provide by ^neral law for the or^^an- 
ization of municipal oorporations, restricting their powers as to levying taxes 
and assessments, borrowing money and contracting debts, and money raised 
by taxation, loan or assessment for one purpose shall not be diverted to any 
other purpose except by authority of law. 

Sbc. 2. No oi^, town, village or other municipal corporation of this state, 
shall ever become the subscriber to the capital stock, or owner of such stock, 
or any portion or interest therein, of any railroad, private corporation or as- 
sociation. 

RiOHABD Bennett, 
Chairman. 

Idst, Pbbsidknt: 

Your Committee on Impeaclunent and Removal from Office submit the 
following report: 

Secttion 1. The House of Representatives shall have the sole power of 
£ mpeachment The concurrence of a majority of all members elected shall be 
eoessary to an impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When sitting for 

ihat purpose the senate shall be upon oath or affirmation to do justice acoord- 

ng to law and evidence. No person shall be convicted without the concur- 

iDoe of two-thirds of the members elected. When the GU>vernor or Lieuten- 

t-Qovemor is on trial, the presiding Judge of the Supreme Court shall pre- 

ide. 

Sec. 3. The Gk)vernor and other state and judicial officers, except county 
r profa«^ judges, justices of the peace and police magistrates, shall be liable 
D impeachment for habitual drunkenness, crimes, corrupt conduct or malfeas- 
nce or misdemeanor in office, but judgment in such cases shall not extend 
iirtiier than removal from office and disqualification to hold any office of trust 
r profit under the state. The person accused, whether convicted or acquitted, 
hfdl, nevertheless, be liable to indictment, trial, judgment and punishment 
rding to law. 

8Ba 4. All officers not liable to impeachment shall be subject to removal 
r misconduct, malfeasance, crime or misdemeanor in office, or for habitual 
mnkebuess or gross incompetency, in such manner as may be provided by 
w. 

Sbo. 5. No officer shall exercise the duties of his office after he shall have 
n impeached and before his acquittal. 

Hsa 6. On trial of an impeachment against the Oovernor, the Lieutenant- 
vemor shall not act as a member of the court. 
Sec. 7. No person shall be tried on impeachment before he shall have 
n served with a copy thereof at least twenty days previous to the day set 
r trial. 

Sec. 8. No person shall be liable to impeachment twice for the same 
fense. 

Ezra Turner, 

Chairman. 
R. President: 

Your Committee on Militia beg leave to present the following report: 

(1.) Militia Oenerally, 

Hectiok 1. The militia of the state shall consist of all able-bodied male 

T^c raons residing within the state, between the ages of eighteen and forty -five 

'>'«ar8, except such as may be exempted by the laws of the United States or of 

^Viis state. Persons whose religious tenets or conscientious scruples forbid 

"^em to bear arms shall not be compelled to do so in times of peace, but shall 

l>ay an equivalent for personal service. 

18 






138 Journal of the Convention, 



(2,) Active Militia. 

Sbo. 2. The militia shall be enrolled, orcranized, uniformed, armed and 
disdplined in such manner as shall be provided by law, not incompatible with 
the Constitution or laws of the United States. 

Sbo. 3. The General Assembly shall provide by law for the establishment 
of volunteer organizations of the several arms of the service, which shall be 
classed as active militia. 

Sbo. 4. All militia officers shall be appointed or elected in such manner 
as the General Assembly shall prescribe. 

Sbo. 5. The commissioned officers of the militia shall be commissioned 
by the Gt)vemor, and no commissioned officer shall be removed from office ex- 
cept by sentence of court-marshal, pursuant to law. 

Sbo. 6. The militia forces shall, in all cases except treason, felony and 
breach of the peace, be privileged from arrest during their attendance at mus- 
ters, parades and election of officers, and in going to and returning from the 
same. 

P. MoHuoH, 
Chairman. 
Mb. Pbbsidbnt: 

The Temperance Committee to whom were referred Files Nos. 5, 7, 9, 14, 
24, 27, 80, 57^ 58, 81 and 93, have had the same under consideration and re- 
spectfully recommend that the annexed article be substituted therefor, and 
that it be submitt-ed to a separate vote with the Constitution, a part of which it 
shall become if carried, and that suitable provision be made therefor in the 
schedule and ordinance: 

ABTIOLB 

No person, association or corporation shall within this state manufacture 
or aid in the manufacture, for sale or gift, any intoxicating liquor; and no per- 
son, association or corporation shall import any of the same for sale or gift, or 
keep or offer the same for sale, gift, barter or trade as a beverage. The legis- 
lature shall by law prescribe regulations for the enforcement of the provisions 
of this article, and shall thereby provide suitable penalties for the violation 
thereof. 

Arnb p. Hauobn, 

Chairman. 

Mr. Pbbsidbnt: 

The Committee on Legislative Department have carefully considered Files 
numbered 26, 48. 20, 28, 31, G8, 70, a5, 88. 100, 101, 112, 113, 116, 118, 95, 102, 19 
and 37, and have incorporated the substance of them in the following article 
which your committee recommend be made a part of the Constitution: 

ARTICLE . 



THE liEOISLATXTRB. 

(/.) Diinnion of the Legislature, 

Section 1. The Legislative power shall be vested in a senate and house 
of representatives. 

{2,) Senate, 

Sbo. 2. The senate shall be composed of not less than thirty nor more 
than fifty members. 

Sbo. 3. Senators shall l:>e elected for the term of four years, except as 
hereinafter provided. 

Sbo. 4. No person shall be a senator who is not a qualified elector in the 
district in wliich he may l>e chosen, and who shall not have attained the age of 
twenty-five years, and have been a resident of the state or territory for two 
years next preceding his election. 

Sec. 5. At its first soRsiou after the adoption of this Constitution, the 
Legislative Assembly shall fix the number of senators, and divide the state 



Thursday, July 25, iaS9. 139 



into as maoj senatorial districts as there are senators, which districts, as 
nearly as may be, shall be equal to ecch other in the number of inhabitants 
entitled to representation. £ach district shall be entitled to one senator and 
no more, and shall be composed of compact and contiguous territory ; and no 
county shall be divided between two districts. The distr icts as thus ascer- 
tained and determined shall continue until chan^ifed by law. 

Sec. 6. The senatoiial districts shall be numbered consecutively from one 
upwards, according to the number of districts prescribed, and the senators 
shall be divided into two classes. Those elected in the districts designated 
by even numbers shall constitute one class, and those elected in districts des- 
ignated by o()d numbers shall constitute the other class. The senators of one 
class shall hold their offices for two years, those of the other class shall hold 
their offices for four years, and the determination of the two classes shall be 
b^ lot, so that one-half the senators, as nearly as practicable, may be elected 
biennially. 

Sec. 7. The senate, at the beginning and close of each regular session, 
and at such other times as may be necessary, shall elect (me of its members 
president jyro temporct who may take the place of the Lieutenant-Clovemor 
under rules prescribed by law. 

(3,) House of Representatives, 

Sec. 8. The house of representatives shall be composed of not less than 
sixty nor more than one hundred and forty members. 

Sec. 9. Representatives shall be elected for the term of two years. 

Sec 10. No person shall be a representative who is not a qualified elector 
in the district for which he may be chosen, and who shall not have attained 
the age of twenty -one years and have been a resident of the state or territory 
for two years next preceding his election. 

Sec 11. At its first session after the adoption of this Constitution the 
Legislative Assembly shall apportion the state as nearly as possible into repre- 
sentative districts composed of compact and contiguous territory according to 
the population, giving however one representative to each organized county. 

Sbc 12. The house of representatives shall elect one of its members as 
speaker. 

(i.) Members of Both Houses. 

Sec 13. No judge or clerk of any court, secretary of state, attorney-gen- 
eral, recorder, sheriff or person holding any office of profit under this st^, ex- 
cept offices in the militia, or the office of attorney at law, notary public or jus- 
tice of the peace, and no person holding any office ofprofit or honor under any 
foreign government or under the government of the United States, except post- 
masters whose annual compensation does not exceed the sum or three hun- 
dred dollars, shall hold any office in either branch of the Legislatve Assembly or 
become a member thereof. 

Sec 14. No member of the Legislative Assembly expelled for corruption,and 
no person convicted of bribery, perjury or other infamous crime shall be eligi- 
ble to the Legislative Assembly or to any office in either branch thereof. 

Sec. 15. No member of the Legislative Assembly shall during the term for 
which he was elected, be appointed or elected to any civil office in the state 
which shall have been created or the emoulments of which shall have been in- 
creased, during the term for which he was elected ; nor shall any member re- 
ceive any civil appointment from the Governor, or Oovemor and Senate, dur- 
ing the term for which he shall have been elected. 

Sec 16. If any person elected to either house of the Legislative Assem- 
bly shall offer or promise to gife lus vote or infiuence in favor of or against 
any measure or proposition pending or proposed to be introduced into the 
Legislative Assembly, in consideration or upon condition that any other per- 
son elected to the same Legislative Assembly will give, or will promise or as- 
sent to give, his vote or influence in favor of or against any other measure or 
proposition pending or proposed to be introduced into such Legislative As- 



140 Journal of the Convention, 



sembly. the person making Bach offer or promise shall be deemed guilty of 
solioitatioD of bribery. If any member of the Legislative Assembly, shall 
give his vote or iniluenoe for or against any measure or proposition pending or 
proposed to be introduced into such Legislative Assembly, or offer, promise or 
assent so to do upon condition that any other member will give, or will promise 
or will assent to give his vote or influence in favor of or against any other 
measure or proposition pending or proposed to be introduced into such Legis- 
lative Assembly, or in consideration that any other member hath given his 
vote or influence for or against any other measure or fproposition in such Leg- 
islative Assembly, he shall be deemed guilty of bribery, and any member of 
the Legislative Assembly, or person elected thereto, who shfdl be guilty of 
either of such offences, shall be expelled, and shall not thereafter be eligible 
to the Legislative Assembly, and on the conviction thereof in the civil courts, 
shall be liable to such further penalty as may be prescribed by law. 

Sec 17. The term of service of the members of the Legislative Assembly 
shall begin on the first Tuesday in January next after their election. 

Sbc. 18. The members of the Legislative Assembly shall in all oases, except 
treason, felony and breach of the peace, be privileged from arrest during their 
attendance at the sessions of their respective houses, and in going to or re- 
turning from the same. For words used in any speech or debate in either 
house, they shall not be questioned in any other place. 

Sec. 19. A member who has a personal or private interest in any measure 
or bill proposed or pending before the Legislative Assembly, shall disclose the 
fact to the house of which he is a member, and shall not vote thereon without 
the consent of the house. 

Seo. 20. The Gk>vemor shall issue write of election to fill such vacancies 
as may occur in either house of the Legislative Assembly. 

8eo. 21. Each member of the Legislative Assembly shall receive as 
compensation for his services for each regular session $300 and ten cente for 
every mile of necessary travel in going to and retnming from the place of 
meeting of the Legislative Assembly on the most usual route, and 85 per day 
for extra sessions, and ten cento for every mile of necessary travel in going to ' 
and returning from the place of meeting of the Legislative Assembly on the 
most usual route. 

(5.) Each Hoiise Separately, 

Ssa 22. A majority of the members of each house shall constitute a 

auorum, but a smaller number may adjourn from day to day, and may compel 
tie aflendance of absent members, in such a manner and under such a penalty 
as may beprescribed by law. 

Sec. 23. Each house shall be the judge of the election returns and qual- 
ifications of ito own members. 

Sec. 24. Each house shall have power to determine the rules of proceed- 
ing and punish its members or other persons for contempt or disorderly be- 
havior in ito presence ; to protect ito members against violence or offers of 
bribes or private solicitetion, and with the concurrence of two-thirds to expel 
a member, and shall have all other powers necessary and usual in the Legisla- 
tive Assembly of a free stete. But no imprisonment by either house shall con- 
tinue beyond thirty days. Punishment for conteinpt or disorderly behavior 
shall not bar a criminal prosecution for the same offense. 

Sec. 25. Each house shall keep a journal of ito proceedings, and the yeas 
and nays of any question shall be taken and entered on the journal at the re- 
quest of one-sixth of those present. 

BEa 26. The sessions of each house and o( the Committee of the Whole 
shall be open, unless the business is such as ought to be kept secret. 

SEa 27. Neither house shall, without the consent of the other, adjourn 
for more than three days, or to any other place than that in which the two 
houses shall be sitting, except in case of epidemic, pestilence or ocher great 
danger. 



Thursday, July 25, 1889. 141 



(6'.) Both Hotinea, 

Sec. 28. The senate and house uf representatives jointly shall bo desig- 
nated as the Le/Lfislative Assembly of the state of North Dakota. 

Heo. 29. The Le^lative Assembly shall meet at the seat of j^yemment 
at 12 o'clock on the first Tuesilay after the first Monday of January, in the 
year next following the election of members thereof. 

S£c\ HO. In all elections to be made by the Legislative Assembly, or 
either house therepf, the members shall vote viva voce, and their votes shall 
be entered in the journal. 

8bc. 31. The sessions of the Legislative Asbembly shall be biennial, except 
as otherwise provided in this Constitution. 

8ec. 32. No regular sessions of the Legislative Assembly shall exceed 
ninety days, except in case of impeachment. 

(7.) Passoffe of Latm, 

Sb(3. 33. Any bill may originate in either house of the Legislative Assem- 
bly, and a bill passed by one house may be amended by the other. 

8bc. 34. No law shall be passed except by a bill adopted by both houses, 
and nu bill shall be eo altered and amended on its passage through either 
lioiise as to change its original purpose. 

Sbc. 35. The enacting clause of every law shall be as follows: Be it en- 
acted by the Legislative Assembly of the State of North Dakota. 

Sec. 36. No bill for the appropriation of money, except for the expenses 
of the government shall be introduced after the twenty-fifth day of the see- 
aion, except by unanimous consent of the house in which it is sought to be in- 
troduced. 

Sec. 37. No biU shall embrace more than one subject, which shall be ex- 
pressed in its title, but a bill which violates this provision shall be invalidated 
thereby only as to so much thereof as shall not be so expressed. 

Sec. 38. The general appropriation bill shall embrace nothing but ap- 
propriations for the expenses of the executive, legislative and judicial depart- 
ments of the state, interest on the public debt, and for public schools. All 
other appropriations shall be made by separate bills, each embracing but one 
subject 

Sbo. 39. Every bill shall be read three several times, but the first and 
second readings, and these only, may be upon the same day, and the second 
reading may be by title of the bill, unless a reading at length be demanded. 
The first and third readings shall be at length. No legislative day shall be 
shorter than the natural day. 

Sec. 40. No bill shall be considered or become a law unless referred to a 
oonunittee, returned therefrom and printeil for the use of the members. 

Sec. 41. No bill shall be revised or amended or the provisions thereof 
extended or incorporated in any other bill by reference to its title only, but so 
much thereof as is revised, amended, extended or so incorporated shall be re- 
enacted and published at length. 

Ssa 42. No bill shall become a law except by a vote of a majority of all 
the members present in each house, nor unless on its final passage the vote be 
taken by yeas and nays and the names of those voting be entered on the 
Journal. 

Sec. 43. The presiding officer of each house shall, in the presence of the 
liouse over which he presides, sign all bills and joint resolutions passed by the 
Legislative Assembly; immediately before such signing, their title shall be 
publicly read; and the fact of signing shall be at once entered upon the 
joumaL 

Sec. 44. No act of the Legislative Assembly shall take effect until sixty 
clays after the close of the session, unless in case of emergency (which shall be 
expressed in the preamble or lK)dy of the act),the Legislative Assembly shall by 
« vote of two-thirds of all the members present in each house otherwise direct. 

Ssa 45. The Legislativ Assembly shall pass all laws necessary to carry 
Snto effect the prcAdsions of this Constitution. 



142 Journal of the Convention, 



(8,) Special Limitations. 

8ec. 46. The Legislative Assembly shall not pass local or special laws in 
any of the followinio: ennumerated cases, that is to say: 

For granting divorces. 

Laying out, opening,altering or working roads or highways, vacating roads, 
town plats, streets, alleys or public grounds. * 

Locating or changing county seats. 

Regulating county or township affairs. 

Regulating the practice of courts of justice. 

Regulating the jurisdiction and duties of justices of the peace,police magis- 
trates, or constables. 

Changing the rules of evidence in any trial or inquiry. 

Providing for changes of venue in civil or criminal cases. 

Declaring any person of age. 

For limitation of civil actions, or giving effect to informal or invalid deeds. 

Summoning or impaneling grand or petit juries. 

Providing for the management of common schools. 

Regulating the rate of interest on money. 

The opening or conducting of any election or designating the place of 
voting. 

The sale or mortgage of real estate belonging to minors or others under 
disability. 

Ohartering or licensing ferries or toll bridges or toll roads. « 

Remitting Imes, penalties or forfeitures. 

Creating, increasing or decreasing fees, percentage or allowances of public 
officers. 

Changing the law of descent. 

Granting to any corporation, association or individual the right to lay 
down railroad tracks, or any special or exclusive privilege, immunity or fran- 
chise whatever. 

For the punishment of crimes. 

Changing the names of persons or places. 

For the assessment or collection of taxes. 

Affecting estates of deceased persons, minors or others under legal 
disabilities. 

Extending the time for the collection of taxes. 

Refunding money paid into the state treasury. 

Relinquishing or extinguishing in whole or in part the indebtedness, lia- 
bijity or ooligation of an^ corporation or person to this state, or to any mu- 
nicipal corporation therein. 

Legalizing, except as against the state, the unauthorized or invalid act of 
any officer. 

Exempting property from taxation. 

Restoring to citizenship persons convicted of infamous Crimea 

Authorizing the creation, extension or impairing of liens. 

Creating offices, or prescribing the powers and duties of officers in oonu- 
ties, citiies, townships, election or school districts, or authorizing the adoption 
or legitmation of children. 

In all other cases, where a general law can be be made applicable, no 
special law shall be enacted. 

Licorporation of cities, towns or villages, or changing or amending the 
charter of any town, city or village. 

Providing for the election of members of the board of supervisors in 
townships, incorporated towns or cities . 

The protection of game or fish . 

Seo. 47. No appropriation shall be made for charitable, industrial, edu- 
cational or benevolent purposes, or for the benefit of any person, corporation 
or community not under the absolute control of the state, nor shall any appro- 
priation be made or taxation authorized for the benefit of ai^ denominational 
or sectarian school, institution or association. 



Thursday, July 25, 1889. 143 



Sbc 48. The Lef^slative Assembly shall not delegate to any speoial oom- 
niMsioD, private corporation, or association, any power to make, superviHe or 
interfere with any municipal improvement, money, property or effects, whether 
held in trust or otherwise, or to levy taxes or to perform any municipal func- 
^iotiA ^^hatever 

Files numbered 16, 18, 19, 20, 26, 28, 31, 37, 45, 48, 60, 70, 80, a5, 88, 96, 
100, 101, 102, 112, 113, 114, 116 and 118 are reported back with the recom- 
xneiidation that they be laid upon the table. 

E. A. Williams, 
Chairman. 
HiR. Pbbsidbmt: 

Year Committee on Schools and Other Public Lands make the foUowinpr 
report: 

Hbction 1. A]lj)roceeds of the public lands that have heretofore been or 
may hereafter be granted by the IJnited States for the support of common 
eehools in the state; all such per centum as may be granted by the United 
Htates on the sale of public lands; the proceeds of property that shall fall to 
^lie state by eecneat; the proceeds of all gifts and donations to the state for com- 
mon sohools, or not otherwise appropriated by the terms of the gifts, Hud all other 
I>roperty otherwise acquired for common schools shall be and remain a perpet- 
ual fund for the maintenance of the common schools of the state. It shall be 
deemed a trust fund, the principal of which shall ever remain inviolate, and 
ruay be increased but never diminished, rhe state shall make good all losses 
thereof which may in any manner occur. 

Sro. 2. The interest and income of this fund, together with the net pro- 
ceeds of all fines for violation of state laws, and all other sums which may l>e 
a4lded thereto by law, shall be faithfully used and applied each year for the 
benefit of the common schools of the state, and shall be for this purpose ap- 
portioned among and between all the several common school corpor- 
Ations of the state in proportion to the number of children 
in each of school age, as may be fixed by law, and no part 
of the fund shall ever be diverted, even temporarily, from tliis 
pnrpoee or used for any other purpose whatever than the maintenance of 
common shools for the e^ual benefit of all the people of the state; provided, 
liowever, that if any portion of the interest or income aforesaid be not expended 
clnrinff any year, said portion shall be added to and become a part of the 
Bcliool fund. 

Sao. 3. After one year from the assembling of the first Legislature, the 
1 finds granted to the state from the United States for the support of the com- 
KQon schools may be sold upon the following conditions, and no other: No 
inore than one-fourth of all such lands shall be sold within the first five years 
c^ter the same become saleable by virtue of this section. No more than oue- 
lialf of ^e remainder within ten years after the same become saleable as afore- 
8idd. The residue may be sold as soon as the same becomes saleable at not 
less than ten dollars per acre. The Legislature shall provide for the sale of all 
8<^hool lands subject to the provisions of this article. 

Sisa 4. The Superintendent of Public Schools, (Governor, Attorney Qen- 
^rel and Secretary of State shall constitute a board of commissioners which 
fsliall be denominated the "Board of Universitv and School Land Commis- 
sioners, ' subject to the provisions of this article and any law tliat may be 
f>ciBBed by the Legislature. Said board shall have control of the apportion- 
ix&ent, sale, rental and disposal of fdl school and university lands, and shall 
direct the investment of the funds arising therefrom in the hands of the State 
n^Teasurer, under the limitations in Section 10 of this article. 

Sbo. 5. The county superintendent of common schools, the chairman of 
t>lie county board and the count v auditor shall constitute boards of appraisal, 
Axsd under the authority of the State Board of University and School Land Com- 
missioners shall appraise all school lands within their respective counties, 
"vrtiioh they may from time to time recommend for sale, at their actual value 
luader the prescribed terms. They shall take care first to select and designate 
for sale the most valuable lands. 



144 Journal of the Convention, 



Sec. 6. No lauds shall be sold for less than the appraised value, and ii 
DO ease for less than ten dollars per acre. The purchaser shall pay one-fiftl 
of the price in cash, and the remaining four-fifths as follows, to- wit: One-fiftt 
in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth ii 
twenty years, with interest at the rate of not less than six per centnn 
payable annually in advance. All sales shall be held at the county seat of the 
county in which the land to be sold is situate, and shall be at public aution anc 
to the highest bidder, after sixty days advertisement of the same in a newa 
paper of general circulation in the vicinity of the lands to be sold, and one a1 
the seat of government. Such lands as shall not have been specially subdi 
vided shall be offered in tracts of not less than one hundred and sixty acres 
and those so subdivided in the smallest subdivisions. All lands designated foi 
sale, and not sold within two years after appraisal, shall be reappraised before 
they are sold. No grant or patent for any such lands shall issue until ful 
payment is made for the same. 

Seo- 7. All lands, money or other property donated, granted, or received 
from the United States or any other source for a university, school of mines 
reform school, agricultural college, deaf and dumb asylum, normal school, oi 
other educational or charitable institution or liurpose, and the proceeds of al 
such lands and other property so received from any source, shall be and re 
main perpetual funds, the interest and income of which, together with thi 
rents of all such land as may remain unsold, shall be inviolably appropriatec 
and applied to the specific objects of the original grants or gifts. The princi 
pal of every such fund may be increased, but shall never be diminished, anc 
the interest and income only shall be used. Every such fund shall be deemec 
a trust fund held by the state, and the state shall make good all losses there 
from that shall in any manner occur. 

Sec. 8. All lands mentioned in the preceding section shall be appraisec 
and sold in the same manner and by the same board, under the same limita 
tions and subject to nil the conditions as to price and sale as provided abov« 
for the appraisal and sale of lands for the benefit of common schools, but i 
distinct and separate account shall bo kept by the proper officers of each o 
such funds; provideil, that the limitations as to the tivie in which schoo 
lands may l)e sold shall apply only to lands granted for the support of commoi 
sc*hools. 

Sb(5. J). The Legislature shall have authority to provide by law for tht 
leasing of lands granted to the state for educatioual and charitable puriK)8eG 
but no such law shall authorize the leasing of said lands for a longer perioc 
than five years. Said lands shall only l)e leased for pasturage and meadow 
purposes, and at public auction after notice an heretofore provided in case o 
sale. All rents shall be paid annually in advance. 

Sec\ 10. The moneys of the permanent school fimd and other eduoationa 
funds shall bo invested only in bonds of school corporations witliin the state 
bonds of the United States or bonds of the State of North Dakota. 

Sko. 11. No law shall ever be passed by the Legislature granting to an: 
person, corporation or association any privileges by reason of the occupation 
cultivation or improvoment of any public lands by said person, corporation o: 
tissociation subse(|uent to the survey thereof by the general government. N( 
claim for tbe occupation, cultivation or improvoment of any public lands shal 
ever be recx^gnized, nor shall such occupation, cultivation or improvement eve 
bo usetl to diminish, either liirectly or indirectly, the purchase price of sait 
lands. 

Sec. 12. The legis ature shall have authority to provide by law for the sal 
or dis[K)sal of all publi lands tha have been heretofore or may hereafter b 
granted by the United States tc:) the state for purposes other than set forth an< 
named in sections 1 and 7 of this article, and the Legislature sliall provide fo 
the appraismont, sale, rental and disposal of the same not subject to the pro 
visions and limitations of this article. 

Sec. 18. Tlio Legislature sh:ill pass suitable laws for the safe-keeping 
transfer and disbursements of the state school funds, and shall require al 
officers charged with the same or the safe-keeping thereof, to give ample bond 






Thuesday, July 25, 1889. 145 



for all moneys and funds received by them, and if any of said officers shall 
convert to his own use in any manner or form, or shall loan, with or without 
interest, or sh^ deposit in his own name, or otherwise than in the name of the 
State of North Dakota, or shall deposit in banks or with any person or per- 
sona, or exchange for other funds or property any portion of the school fnnds 
aforesaid, or purposely allow any portion of the same to remain in his hands 
uninvested, except in the manner prescribed by law, every such act shall con- 
stitute an embezzlement of so much of the aforesaid school fnnds as shall be 
thus taken or loaned or deposited or exchanged or withheld, and shall be a 
feloiiy, and any failure to pay over, produce or account for the state school 
fands, or any part of the same intrusted to any such officer as by law required 
or demanded, shall be taken to be prima facie evidence of such embezzle- 
ment H. M. CliABK, 

Chairman. 
Mr. Williams moved that the report of the Judiciary Committee 
be laid over until July 26. 
Which motion prevailed. 

Mr. Rolfe moved that the Convention do now resolve itself into 
A Committee of the Whole to consider Sections 2 and 8 of the re- 
port of the Legislative Department. 

Which motion prevailed, and 

The President called Mr. Flemington to the chair. 

When the committee rose the following report was presented: 

!Mb. Pbbsidbmt: 

Your Gommittee of the Whole have had under consideration Section 8, of 
'the report of the Gommittee on Legislative Department, fixing the number to 
constitute the house of representatives, and recommend its adoption as a se<*- 
'tion of the Oonstitution. Also Section 2, of the article entitled ^'Senate/* and 
a'eoommend that the further consideration of the section be postponed until to- 
'snorrow. 

AiiBx. D. Flemington, 

Ohairman. 

M r. McHugh moved that the report of the Committee of the 
Whole be adopted. 
Which motion prevailed. 

Mr. Turner moved that the report of the Committee on Tem- 

^rance be read the second time. 

Which motion prevailed. 

And the report was read tne second time. 
^^ Mr. Pollock moved that the Convention do now resolve itself 
^^^nto a Committee of the Whole to consider the report of the Com- 
^^aiittee on Temperance. 

Which motion prevailed, and 

The President called Mr. Moer to the chair. 

When the Committee rose the following report was presented: 
[b. Pbbsident: 

Your Gommittee of the Whole have had under consideration the report of 
>3ie Gonmiittee on Temperance, and the article submitted for adoption by the 
^CZJommittee, and recommend that the report of the Gommittee on Temperance 
adopted. 

S. H. MOEB, 

Ghairman. 

19 




146 Journal of the Convention, 



Mr. Flemington moved that the report of the Committee of the 
Whole be adopted. 

Which motion prevailed. 

Mr. Blewett moved that the report of the Committee on Militia 
be read the second time. 

Which motion prevailed. 

And the report was read the second time. 

Mr. Lauder moved that the Convention do now resolve itself 
into a Committee of the Whole to consider the report of the 
Committee on Militia. 

Which motion prevailed, and 

The President called Mr. Lauder to the chair. 

When the committee rose the following report was presented: 

Mb. Pbbsident 

Yonr Ck>nmiittee of the Whole has had nnder oonsideration the report of 
the Committee on Militia, and reoommend that section 4 of the article be 
amended by striking out the words, ^'except the Adjutant General,'* in section 4 
of the proposed article, and with this amendment jronr committee recommends 
the adoption of the report of the Ck>mmittee on Militia. 

W. S. Laudbb, 
Ghairman. 

Mr. Glick moved that the report of the Committee of the 
Whole be adopted. 
Which motion prevailed. 

The Convention took an informal recess of ten minutes. 

Mr. Turner moved that the report of the Committee on Im- 
peachment and Bemoval from Office be read the second time and 
considered. 

Which motion was lost 

Mr. Parsons of Rolette moved to adjourn. 

Which motion prevailed, and the Convention adjourned. 

John G. Hamilton, 

Chief Clerk. 



Friday, July 26, 1889. 147 



Friday, July 26, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding* 

Prayer was offered by tne Chaplain. 

The roll was called, all members being present except Messrs. 
Hegge, Lohnes, Paulson, Sandager, Spalding, Stevens, Turner 
and W hippie, who were excused. 

The Journal of the preceding session was read corrected and 
approved. 

PETITIONS, OOMMUNICATIONS, ETC. 

Mr. Camp introduced the following memorial: 

Resolved, That this OoDvention sabmit to the United States senate com- 
mittee on irri^Gfation and reolamatioD of arid lands, the following memorial: 

To the Honorable United States Senate Committee on Irrigation and Re- 
clamation of Arid Lands. 

Gkntlsicbn: The Constitutional Convention for North Dakota duly as- 
sembled at Bismarck nnder the enabling act of oonffrees passed at the last 
session of oongress and representing the people of North Dakota familiar with 
their industries and pursuits, with Sieir resources and necessities, has learned 
with internet and ^p^tifioation that it is the expressed purpose of your honor- 
able committee to mquire into the needs of North Dakota in the matter of arti- 
ficial water supply. 

To North Dakota this is a subject of such exceeding importance that this 
Convention is moved to memorialize your honorable committee, and through 
you the senate of the United States as follows: 

First We beg your attention to the fact that the great fertility of the 
soil of North Dakota has been shown by many seasons of sufficient rain 
falL 

Second. The superiority of the grain grown in this soil— and especially 
of the wheat, is now a matter of repute throughout the civilized world, and is a 
oontributian to the fame of our national resources. In the United States this 
wheat is almost a necessary ingredient of fine flours. 

Third. That these facts have attracted to North Dakota a population of 
250,000 earnest, sober, law-abiding people, possessed of a purpose to develop 
the land, and who have already made it a source of wealth ana importance to 
the nation. 

Fourth. That it is now demonstrated and understood that the peculiar 
excellence of the cereals of North Dakota is the result of climatic conditions, 
88 well as of Qualities of the soil; that one of these conditions is the dryness of 
the climate, which, however, in seasons of average rainfall in most parts is not 
80 excessive as to prevent yield of crops unsurpassed in other parts of the 
land; but, that this desirable average implies seasons in some parts of North 
Dakota of insufficient precipitation, disastrous to agricultural prosperity, and 
disoonraging to farmers. 



148 Journal of the Convention, 



Fifth. Therefure we earnestly ur^re upon the honorable committee and 
upon the Uniteil States senate these considerations: 

(a) We reco^ize and approve the object before your committee, namely, 
the invitation of investi^tion and certain work at the expense of the ^neraL 
fjTovemment looking to the establishment of reservoirs, or other systems for 
the irrigation of lands in need thereof, to the end that the area of public agri- 
cultural lauds may be f^^atly increased. 

(/>) We also reali^ the fact that such enlar^ment of area means direct 
and formidable competition with the industries of North Dakota (competition 
especially to be dreaded since irrigated farms are the most productive in the 
world), while already over-production has deprived fanning of nearly all profit. 

((•) We recall to your attention, and to that of the honorable body which 
vou represent, the fact that the people of North Dakota have paid into the 
treasury of the United States many milHons of dollars for their lands, while 
pro[K)8ed expenditures for mountain reservoirs are mainl^r intendeo to benefit 
regions from wliich comparatively nothing has been received from sales of ag- 
ricultural lands. 

(d) While, therefore, we do not question the benefits to accrue from ex- 
penditures for the mountain reservoir systems, we feel justified in claiming 
some similar expenditure for North Dakota, and a share in the paternal solici- 
tude of the government to this extent, namely, that suitable investigatioD, to 
be followed by experimental work, be made in behalf of North Dakota to as- 
certain whether or not it is practicable to provide by means of artesian wells 
sufiicient water to eliminate the dangers incident to dry seasons and to main- 
tain the agricultural industries of the state on a footing for competition in 
grain production, upon which its inhabitants absolutely depend for support. 

We therefore trust that your honorable committee will give to North Da- 
kota more than a passing glance; that you will conduct an investigation with 
reference to its resources and its necessities, and make a report thereon which 
will result in the development of the former and secure, if possible, relief from 
the latter. 

We beg you to notice that while there are certain ascertained artesian basins, 
the extent of such basins has not been acurately ascertained, scientific experi- 
ment and survev are needed to determine this matter, as well as the character 
of the water to be obtained and its infiuenoe on vegitation. Other essential 
facts to be ascertained will suggest themselves to your committee. The whole 
of a scope too great for North Dakota to undertake at the expense of its peo- 
ple now engaged in their early struggles to establish themselves. We confi- 
dently believe that the outcome of stich work by the government, in North Da- 
kota, will be to return to the treasury many times the amount of its expendi- 
ture in the further cash entries of government land. 

Mr. Camp moved that the memorial be referred to a special 
committee of three, of which the President shall be Chairman. 
Which motion prevailed, and 
The President apiK)inted the following committee: 
The President and Messrs. McKenzie and Meacham. 

Mr. AVilliams asked unanimous consent to withdraw alt of the 
report of the Committee on Legislative Department except sec- 
tions two and eight. 

Which reijuest was granted. 

REPORTS OF STANDING COMMITTEES. 

Tlie Committee on Bevenue and Taxation submitted the follow- 
ing report: 

Mb. President: 

Your Gonmiittee on Revenue and Taxation would respectfully report that 
we have had under consideration Files Nos. 11, 23, 32, 40, 42, 44, 46, 60, 108, 



f 



Friday, July 26, 1889. 149 



111, 115, 117 and would submit the annexed substitute and reoommoud the 
adoption of the same. We have also had File No. 68 and the substitute accom- 
panied under consideration, and return the same with the recommendation that 
it be not adopted. ^ 

ARTICLE . 



BSYBNUB Ain> TAXATION. 

Sbcttion 1. The Legislature shall provide for raising? revenue sufficient to 
defray the expenses of the state for each vear, not to exceed any one year four 
(4) mills on the dollar of the assessed valuation of all taxable property in the 
state, to be ascertained by the last assessment made for state and county pur- 
poses, and also a sufficient sum to pay the interest on the state debt 

Sbo. 2. No tax shall be levied except in pursuance of law, and every law 
imposinsf a tax shall state distinctly the object of the same, to which only it 
shall be applied. 

Seo. 8. Laws shall be passed taxin^f by uniform rule all property accord- 
indf Co its true value in money, but the property of the United States and the 
state, ooonty and municipal corporations, both real and personal, shall be ex- 
empt from taxation, and the Le^slature shall by general law exempt from tax- 
ation property used exclusively for school, relijyrious, cemetery or charitable 
purposes and personal property to any amount not exceeding in value two 
hundred dollars for each individual liable to taxation. 

Saa 4. Laud and the improvements thereon shall be separately assessed. 
Cultivated and uncultivated land of the same quality and similarly situated 
shall be assessed at the same value. 

Ssa 6. The power of taxation shall never be surrendered or suspended 
by any grant or contract to which the state or any county or other municipal 
corporations shall be a . party. 

Ssa 6. All property except as hereinafter in this section provided shall 
be assessed in the county, city, city and county, township, town, village or dis- 
trict in the manner prescribed by law. The franchise, roadway, roadbed, rails 
and rolling stock of all railroads operated in this state shall be assessed by the 
State Board of Equalization at their actual value, and the same shall be ap- 
portioned to the counties, cities, towns, townships and districts in which said 
roads are located, in proportion to the number of miles of railway laid in such 
counties, cities, towns, townships and districts; provided^ that for the pur- 
pose of assessment and taxation said railroad shall not be valued at less than 
three Uiousand dollars per mile. 

Sfic. 7. The Legislature may provide for the levy, collection and disposition 
of an annual poll tax of not more than three dollars on every male inhabitant 
of this state over twenty-one and under fifty years of age, except paupers, 
idiots, insane perons and Indians not taxed. 

Ssa 8. The General Assembly are expressly prohibited from authorizing 
or allowing debts or liabilities of any kmd to be set off against moneys, credits 
or other property which may be subject to taxation. 

Sec. 9. The Legislature shall pass all laws necessary to carry out the 
provisions of this article. 

J. L. CoijTon, 
Chairman. 

Mr. Moer reqaested that cousideration of the report be post- 
poned until Tuesday next. 

Which was granted. 

The minority of the Committee on Judicial Department sub- 
mitted the following report: 

BIb. PSESIDElfT: 

The ipdersigned members of said committee, being in a minority, respect- 
fuUy recommend that the report of the majority be modified and amended by 



150 Journal of the Convbntion, 



striking out seotions 24, 25 and 26 thereof, relating to probate oourts and joa- 
tioes of the peaoe, and that the following seotions be adopted in lieu thereof; 

OOUNTY OOUBTS. 

Sbo. 24. There shall be elected in eiush organized ooonty a oonnty judge, 
who shidl be jndge of the county court of said county, whose term of office 
sh^l be two years until otherwise provided by law. 

Sec. 25. County courts shall be oourts of record and shall have a clerk 
and seaL They shall have original jurisdiction in all matters of probate, 
guardianship and settlement of the estates of deceased persons, ana in all 
cases of lunacy. In counties having a population of 2,000 or over, these 
courts shall al<K) have concurrent jurisdiction with the district court in all 
civil cases, wherein the amount in controversy or the value of the thing sued 
for does not exceed 81,000, exclusive of interest and oopts, except in matters of 
probate, guardianship and the settlement of the estate of deceased persons. 
Writs of error and appeals may be allowed from county to district courts, in 
such cases and in such manner as may be prescribed by law; provided^ that 
no appeal or writ of error shall be allowed to the district court from any judge- 
ment rendered upon an appeal from a justice of the peace or police magistrate 
for cities and towns. County oourts shall have such jurisdiction in criminal 
matters as the legislature may prescribe. 

Sbo. 26. The qualification for office of county judge in counties having 
2,000 population or over, shall be the same as for judge of the district court, 
except he shall in addition be a resident of che county at the time of his 
election. 

Sbo. 27. County courts shall always be open for the transaction of busi- 
ness, except on legal holidays and non-judicial days. County judges may hold 
court and sit a ad try causes in any part of his county. 

Sbo. 28. County judges shall receive such salary as the legislature may 
prescribe, and the salary may be different in different counties, out until so 
prescribed the salary of county judges in counties having a population of 2,000 
or over shall be 81,500. 

Sbo. 29. The clerk of the district court shall also be clerk of the oonnty 
court. 

JTSTIOBS OF THB PBAOB. 

Sbo. 30. The Legislature shall provide by law for the election of justioes 
of the peace in each organized county within the state, but the number of said 
justices to be elected in each organized county shall be limited by law to saoh 
a number as shall be necessary for the proper administration of justice. The 
justices of the peaoe herein provided for shall have concurrent jurisdiction 
with the county courts in all civil actions when the amount in controversy 
does not exceed, exclusive of interest and costs, one hundred dollars. They 
shall have B«>ch jurisdiction as committing magistrates as may be prescribed 
by law, but in no case shall said justices of the peace have jurisdiction where 
the l>oundaries of, or titles to real estate shall come in (question. 

SBa 31. The Legislature shall have power to abolish the offices of justice 
of the peace, and confer that jurisdiction upon judges of county courts or 
elsewhere. 

David Babti«btt. 
J. F. Sklby. 
S. H. MOBB. 

M. N. Johnson. 

A. D. KOBBBTBOR. 

B. N. Stbvbrb. 
W. H.ROWB. 

Mr. Miller moved that the consideration of the report be post- 
poned until July 27. 

Which motion prevailed. 



r 



Friday, July 26, 1889. 



151 



BEPOBT OF 8PECUL COMMITTEE. 
Mb. Prbsidbnt: 

Your Committee, to whom was referred a memorial, submitted by Mr. 
Oamp, would respectfully reoommend that the Convention do not accept the 
invitation therein extended, and that the clerk be instructed to inform the 
!Hon. B. W. Fuller of the decision of the Convention. 

S. H. MOER, 
J. W. SOOTT, 

O. G. Mbaoham, 

Committee. 

Mr. Flemington moved that the report be adopted. 

Which motion prevailed. 

Mr. McHugh moved that the Convention do now resolve itself 
into a Committee of the Whole. 

Which motion was lost. 

Mr. Parsons of Morton, by request, moved that when the Con- 
^^ention adjourn it take a recess until Tuesday, July 30. 

Yeas and nays demanded. 

The roll being called there were ayes 27, nays 37, viz: 
Those who voted in the affirmative were: 



Bfessra— 


Messrs — 


Messrs- 


Allin, 


Griggs, 


Bay, 


Appleton, 


Haugeu, 


Bichardsout 


Bartlett, of Griffge, 


Marrinan, 


Robertson, 


Bell, 


Noble, 


Bolfe, 


Budge, 


Nomland, 


Selby, 


Colton, 


O'Brimi. 


Shumsn, 


Klh'oKt, 


Parsons, of Morton, 


Wallace, 


Pay, 


Peterson, 


Wellwood, 


Olick, 


Powles, 


• Mr. President, 


Those who voted 


in the negative were: 




IfeSSTB — 


Messrs— 


Messrs — 


Bartlett, of Dickey, 


Flemington, 


McHugh, 


Bean, 


Gayton, 


McKenade, 


Bennett, 


Gray, 


MiUer, 


Best, 


Holmes, 


Moer, 


Blewett, 


Hoyt, 


Parsons, of Rolette, 


Brown, 


Johnson, 


Powers, 


Camp, 


Lander, 


Puroell, 


Carland, 


Leach, 


Pollock, 


Carothers, 


Tiinwell, 


Rowe, 


Chaffee, 


Mathews, 


Scott, 


Clapp, 


Meacham, 


Slotten, 


Clark, 


McBride, 


Williams, 


Douglaa, 






Absent and not v 


oting: 




MoeBrs — 


Messrs — 


Messrs- 


Almen, 


Lowell, 


Stevens, 


Harris, 


Paulson, 


Turner, 


Lohnes, 


Sandager, 


Whipple, 


Bpalding, 




So the motion to take a recess until Tuesday was lost 


Mr. Clapp moved that members desiring a leave of absence 


make the request in writing. 





152 Journal of the Convention, 



Mr. Bartlett, of Griggs, moved as an amendment that no mem- 
ber who voted in the negative be granted a leave of absence. 
Which amendment prevailed, and 
The original motion as amended prevailed. 

Mr. Moer moved that no leave of absence be granted except 
npon the statement of said member that said leave of absence is 
an absolute necessity. 

Which motion was lost. 

SECOND READING OP REPORTS. 

The report of the Executive Committee was read the second 
time. 

The report of the Committee on Legislative Department was 
read the second time. 

The report of the Committee on School and other Public Lands 
was read the second time. 

The report of the Committee on Municipal Corporations was 
read the second time. 

The report of the Committee on Education was read the second 
time. 

The report of the Committee on Impeachment and Removal 
from Office was read the second time. 

The report of the Committee on Elective Franchise was read 
the second time. 

Mr. Bartlett of Griggs, moved that the Convention do now re- 
solve itself into a Committee of the Whole. 
Which motion prevailed. 

And the President called Mr. Bartlett of Griggs, to the chair. 

Mr. Miller moved that vote by which the motion of Mr. Parsons 
of Morton, to take a recess until Tuesday July 30, was lost be re- 
considered. 

Ayes and nays demanded. 

The roll being called there were ayes 48, nays 19, viz: 

Those who voted in the affirmative were: 

Messrs — ^ 

Parsons, of Morton, 
Peterson, 
Powers, 
Powles, 
Po]look, 
Ray, 

BiohardsoD, 
Bobertson, 



Messrs — 


Messrs — 


AUin, 
Almen, 


Griggs, 
Hams, 


Appleton, 
Bartlett, of QriggB, 
Bell, 
Beet, 


Haugen, 
Holmes, 
Hoyt, 
Lander, 


Bud^, 
Garland, 


Leaoh, 
Lowell, 



Friday, Jtot 26, 1889. 



153 



GarotherB, 

Olapp, 

Golton, 

Douglas, 

EUioti, 

Fay, 

Gktyton, 

Gliok, 



MarnDan, 

Mathews, 

Meaoham, 

MoBride, 

MoKenzie, 

MiUer, 

Noble, 

Nomland, 



Bolfe, 

Selby, 

Shaman, 

Slotten, 

Wallace, 

Wellwood, 

WiUiams. 

Mr. President. 



Those who voted in the negative were: 



Messrs — 
Clark, 
Flemmgton, 
Gray, 
Johnson, 
Linwell, 
MoHngh, 



Messrs — 
Moer, 
O'Brien, 

Parsons, of Rolette, 
Paroell, 
Bowe, 
Soott, 



Messrs — 
Turner, 
Whipple, 



Messrs— 
Bartlett, of IXckey, 
Bean, 
Bennett, 
Blewett, 
Brown, 
Gamp, 
Chaffee, 

Absent and not voting: 

Messrs — 

Hegge, Sandager, 

liohnes, Spalding, 

Paulson, Stevens, 

So the motion to reconsider prevailed. 

Mr. Miller moved that the Convention take a recess until Tues- 
day Julv 30. 

Mr. Moer moved as an amendment that the word adjourn be 
substituted for recess. 

Mr. McHugh moved as an amendment to the amendment, that 
the Convention adjourn until October 1st 

Mr. Blewett moved to adjourn. 

Which motion prevailed and the Convention adjourned. 

J. G. Hamilton, 
Chief Clerk. 



20 



154 Journal of the Convention, 



Saturday, July 27, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment.. 

The clerk called the Convention to order and announced that 
the President had appointed Mr. Bowe of Dickey to act as Pres- 
ident pro tempore during his absence. 

Prayer by the Chaplain. 

Roll was called. There being no (juorum present, Mr. Wil- 
liams moved that the Convention adjourn until Monday, at 2 
o'clock p. m. 

Which motion prevailed, and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Monday, July 29, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President pro tempore presiding. 
Prayer was oflfered by the Chaplain. 

The roll was called. There being no quorum, the Convention 
adjourned until Tuesday at 2 o'clock p. m. 

J. G. Hamilton, 

Chief Clerk. 



r 



TxJESDAY, July 30, 1889. 155 



Tuesday, July 30, 1889. 



The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Messrs. 
Budge, Marrinan, Turner and Whipple, who were excused. 

The Journals of July 26, 27 and 29 were read, corrected and 
approved. 

PETITIONS, CJOMMUNICATIONS, ETC. 

The following communication was read and referred to the Ju- 
diciary Committee. 

Hbadquabtsbs Dbfabthent of Dakota, ( 
St. Paul, Minn., July 25, 1889. J 

To the Presiding Officer of tJie Constitutional Convention^ Bismarck^ D, T, : 

Sib: I have the honor, in accordance with instractions received from the 
war department, to request that consideration of the Convention be invited to 
the proposition that a danse be inserted in the Gonstitution of the State of 
North Dakota by which jurisdiction shall be reserved to the United States, as 
provided in section 8, of article 1, of the Gonstitation, over the military reserva- 
tions of Forts Abraham Lincoln, Buford, Pembina and Totten, heretofore 
declared by the President. 

Very respectfully, your obedient servant, 

Thos. H. BnoBB, 
Brifl^adier-Oeneral Gonmianding. 

Section — Jurisdiction is ceded to the United States over the military 
reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina, and Fort 
Totten, heretofore declared by the President of the United States; provided 
legal process, civil and criminal, of this state shall extend over such reserva- 
tions 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. 

SECOND READING OF ARTICLES. 

File No. 131 was read the second time. 

File No. 132 was read the second time. 

The report of the Committee of the Whole for July 26, as 
follows was read: 

Mb President: • 

Your Committee of the Whole have had under consideration File 124, 
being the report of the Committee on Education, and recommend the adoption 
of the report of the Committee on Education and that its provisions be incor- 
porated into the Constitution; that File 125 be laid over for consideration until 



156 Journal of thb Convention, 



July 27; that File 126, relatiDg to impeaohment and removal from office be 
adopted and its provisionB be incorporated into the Oonstitution. AIbo have 
considered File 130 and recommend that sections one and two be adopted. 
Your committee reports progress on the renudnder of the bill and asks leave to 
sit again. 

David Babtiatt, 

Ohairman. 

Mr. Blewitt moved that the report of the Committee of the 
Whole, of July 26, be adopted. 
Which motion prevailed. 

Mr. Colton moved that the Convention do now resolve itself in- 
to a Committee of the, Whole to consider all reports now ready 
for consideration. 

Which motion prevailed. 

Mr. Moer requested that the consideration of File 132 be post- 
poned until July 31. 

Which request was granted. 

The President called Mr. Parsons of Morton, to the chair. 

Mr. Blewitt moved that Mr. Buel of Minneapolis, be extended 
the privilege of addressing the Convention on the subject of 
Single Tax. 

Which motion prevailed. 

Mr. Carland moved that the Convention adjourn. 
Which motion prevailed and 
The Convention adjourned. 

J. G. Hamilton, 
Chief aerk. 



Wednesday, July 31, 1889. 157 



Wednesday, July 31, 1889. 

The Convention assembled at 2o'clock p. m., pursuant to adjourn- 
xment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Mr. 
IKudge, who was excused. 

The Journal of the preceding session was read and approved. 

REPORTS OF STANDING COMMITTEES. 

The Committee on Preamble and Bill of Bights presented the 
following report: 

^SfB. President: 

Your Gommittee on Preamble and Bill of Kights reepectfolly report the 
following as adopted by said committee, viz: 

PBEAMBIiB. 

Almighty Gk)d, in his infinite meroy, having prospered ns as a territory, 
^ftnd looking to him for a blessing upon oar present endeavor to secure and 
"transmit unimpaired to succeeding generations the liberty we now enjoy, and 
"tUiat we may form a more perfect government, establish justice, insure peace 
^uid domestic tranquility, provide for the common defense and promote general 
:K3ro6peritv to ourselves and our posterity, do ordain and establish this Gonstitu- 
'^ion for the State of North Dakota. 

ARTICLE L 

DBOIiARATION OF BIGHTS. 

Sbotion 1. All men are by nature equally free and independent, and 
liave certain inalienable rights, among which are those of enjoying and defend- 
ing life and liberty; acquiring, possessing and protecting property and reputa- 
tion, and pursuing and obtaining safety and happiness. 

Ssa 2. All political power is inherent in the people, government is insti- 
t:-ated for the protection, security and benefit of the people, and they have a 
xnght to alter or reform the same whenever the public good may require it. 

Ssa 3. The state of North Dakota is an inseparable part of the Ameri- 
t2an Union, and the Ck)nstitution of the United States is the supreme law of the 
land. 

Seo. 4. The free exercise and enjoyment of religious profession and wor- 
sliip, without discrimination or preference, shall forever be guaranteed in this 
^tate; 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- 
aoienoe hereby secured shall not be so construed as to excuse acts of licentious- 
OesB, or justify practices inconsistent with the peace or safety of this state. 

Saa 5. The privilege of the writ of habeas corpus shall not be suspended 
unless when in cases of rebellion or invasion, the public safety may require. 



158 Journal of the Convention, 



Seo. 6. All persoiis shall be bailable by safficient sareties, unless for capi- 
tal offeuses when the proof is evident or the presumption great Excessive 
bail shall not be required, nor excessive fines imposed, nor shall cruel or un- 
usual punishments be inflicted. Witnesses shall not be unreasonably detained, 
nor confined in any room where criminals are actually imprisoned. 

Sec. 7. The right of trial by jury shall be secured to all, and remain in- 
violate, but a jury in civil oases and courts not of record may consist of less 
than twelve men, as may be prescribed by law. 

Sbo. 8. That 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 offeuses shall be prosecuted 
criminally by indictment or information. The Legislature may change, regu- 
late or abolish the grand jury system. 

Seo. 9. Every man shall have the right freely to write, speak and publish 
his opinions on all subjects, being responsible for the abuse of that privilege. 
In all civil or criminal trials for libel the truth may be given in evidence, and 
shall be sufBcienk defense when the matter is publisbed wit^ good motives 
and for justifiable ends; and the jury shall have the same power of giving a 
general verdict as m other cases of the jury; and in all indictments or infor- 
mations 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 their common good, and apply to those invested with the powers of 
government for redress of grievances or other proper purposes, by petition, ad- 
dress, or remonstrance. 

Seo. 11. All laws of a general nature shall have a uniform operation. 

Sec. 12. The military shall be subordinate to the civil power. No stand- 
ing army shall be kept up by this state in time of peace, and no soldier shall in 
time of peace be quartered in any bouse without the consent of the owner, nor 
in time of war, except in the manner prescribed by law. 

Sec. 13. In criminal prosecutions in any court whatever, the party aocnsed 
shall have the right to a speedy and public trial; to have the process of the 
court to compel the attendance of witnesses in his behalf, and to appear and 
defend in person and with council. No person shall be twice put in jeopardy 
for the same offense, nor be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or property, without due pro- 
cess of law. 

Sec. 14. Private property shall not be taken or damaged for public nee 
without just compensation having been first made to, or paid into court, for 
the owner, and no right of way shall be appropriated to the use of any corpor- 
ation other than municipal, imtil full compensation therefor be first made in 
money or ascertained and paid into court for the owner, irrespective of any 
benefit for any improvement proposed by such corporation, which compensa- 
tion shall be ascertained by a jury, unless a jury be waived as in other civil 
cases in a court of record, as shall be prescribed by law. 

Sec. 15. No person shall be imprisoned for debt unless upon refusal to 
deliver up his estate for the benefit of his creditors, in such manner as shall be 
prescribed by law, or in cases of tort, or where there is strong presumption of 
fraud. 

Sec. 16. No bill of attainder, ex post facto law, or law impairing the ob- 
ligation of contracts shall ever be passed. 

Sec. 17. Neither slavery or involuntary servitude, unless for the punish- 
ment of crime, shall ever be tolerated in this state. 

Sec. 18* The right of the people to be secure in their persons, bonsee, 
papers and effects against unreasonable searches and seizures, shall not be 
violated; and no warrant shall issue but on probable cause supported by oath 
or affirmation, particularly describing the place to be searched and the persons 
and things to be seized. 

Sec. 19. Treason against the state shall consist only in levying war 
against it, adhering to its enemies or giving them aid and comfort. No person 



r 



Wednesday, July 31, 1889. 159 



shall be oonvioted of treason unless on the evidence of two witnesses to the 
same overt act, or confession in open court. 

Sec. 20. No special privileges pr immunities shall ever be granted, which 
may not be altered, revoked or repealed by the Legislature; nor shall any citi- 
zen or class of citizens be granted privileges or immunities, which, upon the 
same terms, shall not be granted to all citizens. 

Ssa 21. The provisions of this Constitution are mandatory and prohibi- 
tory, unless by express words they are declared to be otherwise. 

Sec. 22. All courts shall be open; and every man for an injury done him 
in his lamls, goods, person or reputation shall have remedy by due course of 
law, and right and justice administered without sale, denial, or delay. Huits 
may be brought avainst the state in such manner, in such courts and in such 
oases as the Legislature ma^ by law direct. 

Ssa 23. To guard against transgressions of the high powers which we 
have delegated, we declare that everything in this article is excepted out of the 
general powers of government and shall forever remain inviolate. 

Tour committee further return Files Nos. 12, 98, 69, 74, 89 and 100, with 
the recommendation that they be not acted upon, as they have been covered in 
committee's report. File No. 57 was adopted. 

R N. Stevens, 
Chairman. 

Mr. Scott moved that the reading at len^h of the report be 
dispensed with until the report is printed. 
Which motion prevailed. 

REPORT OP SPECIAL COMMITTEE. 

The special committee on irrigation of arid lands submitted the 
following report: 

Mb. President: 

Your special oommitttee to whom was referred the resolution introduced 
by Mr. Gamp on the 26th day of July, 1889, providing that a certain memorial 
be submitted to the United States senate committee on irrigation and recla- 
mation of arid lands, respectfully report that they recommend the adoption of 
said resolution, and that an engrossed copy of said memorial, together with 
the entries in the Journal of this Convention, relating to the introduction and 
referring to said resolution. The report thereon and the proceedings had on 
such report be at once signed by the President and chief clerk of the Conven- 
tion, and fowarded to the said senate committee through Mr.Lyman RCa8ey,a 
citizen of this territory, actively interested in matters referred to in said mem- 
orial, who will be before said committee at St. Paul, on the first proximo. Re- 
spectfully. F. B. Fanoheb, Chairmain, 

J. D. MgKenzie, 
O. G. Meagham. 

Mr. Blewett moved that the report of the committee be adopted. 
Which motion prevailed. 

The report of the Committee of the Whole for July 30, as fol- 
lows, was read: 

Mb. Pbesident: 

Your Conmiittee of the Whole have had under consideration File No. 180, 
and recommend that section 3 be amended as follows: That after the word 
"saleable," in line 8, the words *'at not less than 810 per acre" be stricken out, 
and that when so amended the section be adopted. 

Also, recommend that in the first hue of section 4 the word "schools" be 
stricken out and the word "instruction" be inserted in lieu thereof, and that 
when so amended the section be adopted. 

Also, recommend that section 5 be adopted as a section of the Constitu- 
tion. 



160 Journal of the Convention, 



Also, reoommeDd that in line 12 of section 6 the words '^ot less than" be 
stricken out 

Also, recommend that section six be further amended by addin^^r after the 
last word of the section, the following words: *^Providing, that all lands con- 
tracted to be sold by the state shall be subject to taxation from date of such 
contract," and that when so amended the section be adopted. 

Also, reconmiend that section seven be adopted. 

Also, recommend that section eight be adopted. 

Also, recommend that section nine be adopted. 

Also, recommend that section ten be adopted. 

Also, recommend that section eleven be adopted. 

Also, recommend that section twelve be adopted. 

Also, recommend that section thirteen be adopted. 

The committee have also had under consideration File No. 125, and rec- 
ommend that section one be adopted. 

Also, recommend that section two be adopted. 

Also, recommend that the Article be amended by the addition of the fol- 
lowing as section three: 

Seo. 1. No municipal corporation shall ever become indebted in any man- 
ner or for any purpose in any amount, in the aggregate, including existing in- 
debtedness, including four (4) per centum, upon the value of the taxable 
property within such corporation, to be ascertained from the last assessment 
for state and county taxes previous to the incurring of such indebtedness, and 
all bonds or obligations in excess of such amount, except as hereinafter pro- 
vided, given by such corporation, shall be void; provided, however, that any 
incorporated city may become indebted in an amount not exceeding four per 
centum on the value of such taxable property without regard to the existing 
indebtedness of such city, for the purpose of constructing or purchasing water 
works for furnishing a supply of water to the citizens of such city, and Cor no 
other purpose whatever. 

The commitiee have also had under consideration File No. 123, being the 
report of the Gommittee on Elective Franchise and recommend that Section 1 
be adopted. The committee report progress and ask leave to sit again. 

A. S. Parsons, 

Chairman. 

Mr.. Noble moved that File 130 be reconsidered and referred to 
the Judiciary Committee. 
Which motion was lost. 

Mr. Selby moved that the Convention do now resolve itself into 
Committee of the Whole to consider the report of the Judiciary 
Committee. 

Mr. Moer moved as an amendment that the Convention resolve 
itself into Committee of the Whole to consider the report of the 
Committee on Elective Franchise. 

Which amendment was adopted, and the original motion as 
amended prevailed. 

Mr. Blewett moved that the president of the Convention act as 
chairman of the Committee of the Whole during this session. 
Which motion prevailed. 

AVhen the committee rose the following reports were presented: 

Mb. President: 

Your Committee of the Whcle have had under consideration the majority 
and minority reports of the Committee on Elective Franchise, and reoommeDa 
that the following be adopted as section (2) two of the article on elective fran- 
chise: 



r 



Wednesday, July 31, 1889. 161 



'The Legislature shall be empowered to make farther extensions of suf- 
frage hereafter at its discretion to all citizens of mature age and sound mind, 
not convicted of crime, without regard to sex, but shall not restrict suffrage 
without a vote of the people." 

Also recommend that the following be adopted as section (3) three: 
**Eilectors shall in all cases except treason, felony, breach of the peace or 
Illegal voting, be privileged from arrest on the days of election during their at- 
tendance at, in going to and returning from such election, and no elector shall 
be obliged to perform military duty on the day of election, except in time of 
war orpubHc danger." 

Also reoonmiend that the following bo adopted as section four (4): 
''All general elections shall be biennial." 

Also recommend that the following be adopted as section five (5): 
**No elector shall be deemed to have lost his residence in this state by 
reason of his absence on business of the United States or of this state, or in the 
military or naval service of thd United States." 

Also recommend that the following be adopted as section six (6): 
''No soldier, seaman or marine in the army or navy of the United States 
shall be deemed a resident of this state in consequence of his bemg stationed 
therein." 

Also recommend that the following be adopted as section seven (7): 
"No person under guardianship, non compos mentisy or insane, shall be 
qualified to vote at any election, nor shall any person convicted of treason or 
felony be qualified to vote at any election unless restored to civil rights." 
Also recommend that the following be adopted as section eight (8): 
"Any woman having the qualifications enumerated in section 1 of this ar- 
ticle as to age, residence and citizenship, and including those now qualified by 
the laws of the territory, may vote at any election held solely for school pur- 



ft 



Also, recommend that the following be adopted as section nine (9): 
'*A11 elections by the people shall l^ by secret ballot, subject to such regu- 
lations as shall be provided by law." 

The committee also considered the recommendation of the Committee on 
Elective Franchise; i. e., that the Australian election bill, known as "Council 
JBill No. 60," be incorporated in the schedule of this Gonvontion, with the pro- 
viso that the Legislature may alter or amend as they deem proper, and recom- 
mend that the reconunendation be not adopted. 

F. B. Fanohibb, 
Chairman. 

The committee took a recess for ten minutes, and upon reas- 
sembling the President called Mr. Noble to the chair. 

Mr. Williams moved that the further reading of the report of 
the Committee of the Whole until printed in the Journal be post- 
poned. 

Which motion prevailed. 

Mb. Fresidbmt: 

Your Conmiittee of the Whole have had under consideration Files No. 121 
and 181, being the majority and minority reports of the Committee on Judiciary 
Department, and recommend that sections 2, 3, 4, 5, 6 and 7 of File No. 121 be 
adopted. 

Also, reoonunend that section 8 of File No. 121 be amended as follows: In 
line 3 strike out the word "two" and insert the word "three" in lieu thereof; 
also, in the same line, strike out the word "four" and insert tiie word '^ve"; 
also, in line 4, strike out the word "six" and insert the word "seven." 

Also, recommend that section 9 be adopted. 

Also, recommend that section 10 be amended by striking out the word 
'"five," in the fourth line, and inserting in Ueu thereof the word "three." 

The conunittee reports progress and asks leave to sit again. 

v. B. NoBiiB, Chairman. 
21 



162 Journal of the Convention, 



Mr. Stevens moved that when the convention adjourn it assem- 
ble at 10 o'clock a. m., August 1. 

Mr. Blewett introduced the following resolution as a substitute 
and moved its adoption. • 

Be it Mesolved, That this GonyeDtion hold two Bessions daily, commeDC- 
ing Thursday, Aug^ust 1, one to commence at 2 o'clock p. m. and one to com- 
mence at 8 p. m. 

Which resolution was adopted. 

Mr. Bartlett of Griggs, moved that when the Convention ad- 
journ it adjourn to meet at 8 o'clock p. m. to-night. 
Which motion prevailed. 

The Committee on Corporations Other than Municipal sub- 
mitted the following report: 

Mr. Presidbnt: 

Your Committee on Corporations Other than Municipal, to whom was re- 
ferred Files Nos. 1, 4, 56, 83, 90, 91, 94 and 104, have had the same under 
consideration, and a majority of the committee have instructed me to report as 
follows: 

They have had File No. 1 under consideration and report the same back, 
with the recommendation that it be not adopted. 

They have had File No. 4 under consideration and report the same back, 
with amendments and alterations, and as so amended and altered do recom- 
mend that it be adopted: the File as amended being hereto annexed. 

They have had file No. 56 under consideration and do recommend that it 
be returned to the Committee on Municipal Corporations. 

They have had File No. 83 under consideration and recommend that the 
same be adopted as section 16 of File No. 4. 

They have had File No. 90 under consideration and recommend that the 
same be adopted as section 17 of File No. 4. 

They have had File No. 91 under consideration and do recommend that 
the same be not adopted. 

They have had File No. 94 under consideration and report the same back 
to the Convention, with the recommendation that it be not adopted, the pro- 
visions thereof being incorporated in File No. 4. 

They have also considered File No. 104 and do recommend that it be not 
adopted, the provisions thereof being incorporated in File No. 83. 

M.N. Johnson, 
Chairman. 

ARTICLE 



CORPORATIONS. 

Section 1. No corporation shall be created or have its charter extended, 
changed or amended by special laws except those for charitable, educational, 
penal or reformatory purposes, which are to be fand remain under the patmo- 
age and control of the state; but the Legislature shall provide by general 
laws for the organization of all corporations hereafter to be created. 

8bc. 2. All existing charters or grants of special or exclusive privileges, 
under which a bona fide organ ization shall not have taken place and business 
been commenced in good faith at the time this Constitution takes effect, shall 
thereafter have no validity. 

Sec. 3. The Legislature shall not remit the forfeiture of the charter to 
any corporation now existing, nor alter or amend the same, nor pass any other 
general or special law for the benefit of such corporation, except upon the con- 
dition that such corporation shall thereafter hold its charter subject to the 
provisions of this Constitution. 



r 



Wednesday, July 31, 1889. 163 



Src. 4 The exercise of the ri^ht of eminent domain shaU never be 
abridfir^ or so oonetrued as to prevent the Legislataro from taking the prop- 
erty and franchises of incorporated companies and subjecting them to public 
u e, the same as the property of individuals; and the exercise of the i>olice 
power of the state shall never be abridged«or so construed as to permit corpor- 
ations to conduct their business in such manner as to infringe the equal rights 
of individuals or the general well-being of the state. 

Sec. 5. In all elections for directors or managers of a corporation, each 
member or shareholder may cast the whole number of his votes for one candi- 
date or distribute them upon two or more candidates, as he may prefer. 

Sbc. 6. No foreign corporation shall do business in this state without 
having one or more places of business and an authorized agent or agents in the 
same upon whom process may be served. 

Sec. 7. No corporation shall engage in any business other than that ex- 
pressly authorized in its charter. 

Seo. 8. No corporation shall issue stock or bonds except for money, labor 
done, or money or property actually received; and all fictitious increase of 
stock or indebtedness shall be void. The stock and indebtedness of corpora- 
tions shall not be increased except in pursuance of general law nor without the 
consent of the persons holding the larger amount in value of the stock first ob- 
tained at a meeting to be held after sixty days' notice given in pursuance of 
law. 

Seo. 9. No law shall be passed by the legislature granting the right to 
oonstmct and operate a street railroad, telegraph, telephone or electric ]igh% 
plant, within any city, town or incorporated village, without requiring the con- 
sent of the local authorities having the control of the street or highway pro- 
posed to be occupied for such purposes. 

Seo. 10. Every railroad corporation organized and doing business in this 
state, under the laws and authority thereof, shall have and maintain a public 
office or place in this state for the transaction of its business, where transfers 
of its stock shall be made and in which shall be kept for public inspection, 
books in which shall be recorded the amount of capital stock subscribed, and 
by whom the names of the owners of its stock and the amount owned by them 
respectively; the amount of stock paid in and by whom, the transfers of said 
stock; the amount of its assets and liabilities and the names and place of resi- 
dence of its officers. The directors of every railroad corporation shall annually 
make a report, under oath, to the auditor of public accounts, or some officer or 
officers to be designated by law, of all their acts and doings, which report shaU 
include such matters relating to railroads as may be prescribed by law, and 
the Legislature shall pass laws enforcing by suitable penalties the provisions 
of this section; provided, that the provisions of this section shall not be con- 
strued to apply to foreign corporations. 

Sec. ll. No railroad corporation shall consolidate its stock, property or 
franchisee with any other railroad corporation owning a parallel or competing 
line; and in no case shall any consolidation take place except uinm public 
notice given at least sixty days to all stockholders, in such manner as may 
be provided by law. Any attempt to evade the provisions of this section, by 
any railroad corporation, by lease or otherwise, shall work a forfeiture of its 
charter. 

Sec. 12. Railways heretofore constructed or that may hereafter be con- 
structed in this state are hereby declared public highways, and all railroad and 
transportation companies are declared to be common carriers and subject to 
Legislative control; and the Legislature shall have power to enact laws regu- 
lating and controling the rates of charges for the transportation of passengers 
and freight, as such common carriers from one point to (mother in this state. 

Sec. 13. Any association or corporation organized for the purpose shaU 
have the right to construct and operate a railroad between any point within 
this state, and to connect at the state line with the railroads of other states. 
Every railroad company shall have the right with its road to intersect, connect 
with or cross any other railroad, and shall receive and transport each other's 
passengers, tonnage and cars, loaded or empty, without delay or discrimina- 
tion. 



164 Journal of the Convention, 



Ssa 14. MiiDicipal and other corporations and individuals invested with 
the privilege of taking private property for public use shall make just compen- 
sation for property taken, injured or destroyed by the construction or enlarge- 
ment of their works, highways or improvements, which compensation shall be 
Eaid or secured beTore such taking,«injury or destruction. The Legislature is 
ereby prohibited from depriving any person of an appeal from any prelimi- 
nary assessment of damages against any such corporations or individuals, 
made by viewers or otherwise; and the amount of sucn damages in all cases of 
appeal shall, on the demand of either party, be determined by a jury as in other 
civil cases. 

Sec. 15. The term "corporations" as used in this article, shall be con- 
strued to include aU joint stock companies or associations having any of the 
powers or priidleges of corporations not possessed by individuals or partner- 
ships. 

Ssa 16. If a general banking law be enacted, it shall provide for the regis- 
try and countersigning, by an officer of the state, of all notes or bills designed for 
circulation, and that ample security to the full amount thereof shall be de- 
posited with the State Treasurer for the redemption of such notes or bills. 

Sec. 17. Any combination between individuals, corporations, associations, 
or either, having for its object or effect the controlling of the price of any pro- 
duct of the soil or article of manufacture or commerce, or the cost of exchange 
is prohibited and hereby declared unlawful and against public policy; and 
that any and all franchises herotofore granted or extended, or that may here- 
after be granted or extended in this state, whenever the owner or owners 
thereof violate this article, shall be annulled and declared void and their prop- 
erty within the state escheated. 

The Committee on Legislative Department submitted the fol- 
lowing report: 

Mb. Pbbsident: 

The committee on legislative department have reconsidered their report 
made on the 25th instant and a majority have agreed to recommend the aaop- 
tion of file number one hundred and twenty-nine (129) when amended as fol- 
fows: Section five (5) of said file be amended so as to read as follows: Section 
five (5). The Legislative Assemblv shall fix the number of senators and divide 
the State mto as many senatorial districts as there are senators, which districts, 
as nearly as may be shall be equal to each other in the number of inhabitants 
entitled to representation. Each district shall be entitled to one senator and 
no more, and shaU be composed of compact and contiguous territory and no 
portion of anv county shall be attached to any other county or part tiiereof so 
as to form a oistrict. The districts as thus ascertained and determined shall 
continue until changed by law. 

• 

That section eight (8) of said file be amended so as to read as follows: 
Section eight (8). The House of Representatives shall be composed of not less 
than sixty nor more than one hundred and forty members, who shall be ap- 
portioned to and elected at large from each senatorial district 

That section eleven (11) of said file be struck out. 

That section fifteen (15) of said file be amended by striking out of the sixth 
line of said section the words "or from the Legislative Assembly.'* 

That section twenty-nine (29) of said file be amended by inserting the 
letter "M** in the second line thereof after the words "12 o'clock." 

That section thirty-six (36) of said file be amended by striking out '^iwenty- 
fifth" and inserting "fortieth" in the the second line of said section. 

That all of section forty (40) of said file be struck out. 

That section forty-two (42) of said file be amended by striking oat the 
word "present" in the second line thereof and inserting therefor &e word 
"elect.'^ 



Wednesday, July 31, 1889. 165 

That aeotion forty-four (44) of said file be amended by strikinfjr oat in the 
meotmd line thereof the words ''sixty days" and inserting therefor Joly 1st 
And that when so amended said file do pass. 

W. H. RowB, 

£. S. BoiiFE, 

BOBT. B. BlOHABDSON, 

John W. Soott, 
Addison Lisbch, 
booeb axlin, 
Andbew Sik>tten, 

KnUD J. NoMIiAND. 

Mb. Pbbbident: 

A minority of the Committee on Le^nslative Department submit the follow- 
ing as their report: They concur with the majority of tiie committee as to pro- 
IHised amendments to sections numbered fifteen (15^, twenty-nine (29), thirty- 
ax (36), and forty-two (42)* and recommend that without further ametdment 
^iaid ^e number one hundred and twenty-nine (129) do pass. 

£. A. Williams, 
B. M. Stevens. 

Mr. Bean moved to take a recess until 8 o'clock p. m. 
Which motion prevailed. 



EVENING SESSION. 

The Convention reassembled at 8 o'clock p. m, 

Mr. Stevens moved that the Convention resolve itself into the 
^]lommittee of the Whole for the consideration of the minority and 
ajority reports of the Committee on Judiciary Department 
Which motion prevailed, and 

The President called Mr. Bean to the chair. 

When the committee rose the following report was presented: 

Phsbident: 

Yonr Oommittee of the whole have had nnder consideration the majority 
minority reports of the Oommittee on Judiciary Department and reoom- 
^mend that section eleven (11) of File Na 121, being the majority report, be 



Also recommend that sections twelve (12), thirteen (13), fourteen (14), fif- 
m (15) and sixteen (16) be adopted. 
Also recommend that File ]No. 121 be amended by adding as section seven- 
I (17), eighteen (18), and nineteen (19), the following: 
SiBa 17. When a judgment or decree is reversed or affirmed by the su- 
preme court, every point fairly arising upon the record of the case shall be con- 
sidered and decided , and the reasons therefor shaU be oonsisely stated in writ- 
^^ngf signed by the judge concurring, filed in the office of the clerk of the su- 
:^reme court and preserved with a record of the case. Any judge dissenting 
"therefrom may give the reasons of his dissent in writing over his signature. 

Ssa 18. It shall be the duty of the court to prapare a syUabus of the 

^x)int8 adjudicated in each case which nhall be concurred in by a majority of 

tihe judges thereof, and it shall be prefixed to the published report of the case. 

Ssa 19. The judges of the supreme court shall give their opinion upon 

important Questions of law and upon solemn occasions, when required by the 

Garemor, toe senate or the house of representatives; and all such opinions 

shall be pniblialied in connection with the reported deoisioDs of said court. 



i 



166 Journal of the Convkntion, 



And also reoommend that seotions seventeen (17), eighteen (18) and nine- 
teen (19) and the following sections of the original file be re-namoered. 

Also reoommend that section seventeen (17), which being re-numbered be- 
comes section twenty (20), be amended by inserting after the word '* jurisdiction" 
in the first line, the words "each within its territorial limits." 

Also recommend that sections twenty-one (21), tewnty-two (22), twenty- 
* three (23), twenty-four (24), twenty-five (25) and twenty -six (26) be adopted. 
The Gommitteee report progress and ask leave to set again. 

T. W. Bean, 

Chairman. 

The President was instructed to invite the Senate Committee on 
Irrigation to visit the Convention on Monday next 
Mr. Lander moved to adjourn, 
Which motion prevailed, and the Convention adjourned. 

John G. Hamilton, 
Chief Clerk. 



Thursday, August 1, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Mr. 
Camp who was excused. 

Mr. Selby moved that the reading of the Journal he dispensed 
with. 

Which motion prevailed. 

Mr. Stevens introduced the following resolution and moved its 
adoption: 

Resolved, That a committee of thirteen, of which the President of the 
Convention shall be Chairman, be appointed to prepare an address to the peo- 
ple of North Dakota on the Constitution and reasons for its adoption, a copy 
of which shall be furnished to each paper published in North Dakota. 

Which resolution was adopted. 

Mr. Allen introduced the following resolution and moved its 
adoption: 

Resolved, That all clerks of committees now in the employ of the Convention 
be, and the same are, discharged from and after this date, August 1st, 1889. 

Mr. Purcell moved to amend so as to apply only to such com- 
mittees as have reported. 
Which amendment prevailed 
And the original resolution as amended was adopted. 

REPORTS OF STANDING COMMITTEES. 

The Committee on Printing presented the following report: 

Mb. Pbbsidemt: 

Your Committee on Printing to whom was referred the resolution intro- 
duced by Mr. Parsons of Bolette, respectfully reoommend thiit the oame be 



Thtbsdat, AuacsT 1, 



Bdo|it«d, and that eaofa aeffspaper in North Dakita receive 925 eacli tor such 
Mmoee, anil reoommend that proviaion be'lnnde id the Bchedalo for the pa.v- 
Dent of tb« same by Mie LeKielntttre. 

BOCEB ALLIN, 

Chiiirraan. 

Mr. BobertBon moved that the report of the comniittfe be 
adoptetL 

Mr. Noble moved to ameTid — that tlie wonls "twenty-five" Iw 
stricken out and the word "live" be iiisertetl in lien thereof. 
Whiob ameadment was lost 

Mr. Moer moved to amend the amendment by inBerting "fifteen" 
i Ti lieu of "five." 

Which amendment was lost. 
_ Mr. Flemiugton moved to amend the amendment by substitu- 
■tmng "ten" in lien of "five." 

Which amendment was lost, and the original resolution being 
^-r» nt was lost 

- Mr. Blewitt moved that the Committee to whom was referred 
^;Jlie invitation extended by the citiaene of Superior, Wia, to the 
•C — Convention to attend the water-ways convention, be required to 
^c— ^port at once. • 

Which motion prevailed. 

SECOND READING OF ABTICLES. 

Fila No. 133 was read the second time. 

File No. 134 was read the second time. 

Mr. Purcell moved that the report of the Committee of the Whole 
*^*» the report of the Judiciary Committee be read and adopted 
^*^3ction by section. 

Which motion prevailed. 

Sections 2 and 3 of the report were adopted. 

Mr. Purcell moved that section 4 of the report of the Commits 
"t^se of the Whole on the report of the Committee ou Judiciary be 
*3 «t adopted and offered the following substitute for section 4: 
*Tlntil otherwise provided by law, at least three terms of the su- 
^C>3eme court shall be held each year, one at the seat of govern- 
"■^saent, one at Fargo and one at Grand Forks." 

Teas and nays demanded] on tfie passage of the substitute. 

The roll being called there were ayes 48, nays 26, viz: 

Those who voted in the afBrmattve were: 
-^^eaorB— Heeara — Meears — 

Allin, Harria, Petenon, 

Almen, Hangeii, Povere, 

AppletoQ, Holmes, Powles, 

BeLL Hoyt, Paraell, 



Bert, 


Johnson, 


Pollock, 


Brown, 


Lauder, 


Bay, 


Budge. 


Leach, 




Garland, 


Linwell. 





168 



Journal op the Convention, 



Garothers, Lowell, 


Shuman, 


Glapp, Mathewe, 


Slotten, 


Clark, Meacham, 


Spalding, 


Douglas, McHiigh, 


Htevens, 


Fay, MoKenzie, 


Wallace, 


Glick, Miller, 


Whipple, 


Gray, Parsons of Morton, 


Williams, 


Griggs, Paulson, 


Mr. President. 


Thosft who voted in the negative were: 




Messrs— Messrs— 


Messrs — 


Bartlett of Dickey, Gayton, 


Parsons of Boletto, 


Bartlett of Griggs, Hegge, 
Bean, Lonnes, 


Robertson, 


Rolfe, 


Bennett, Marrinan> 


Bowe, 


Blewett, MoBride, 


Scott, 


Chaffee, Moer, 


Selby, 


Colton, Noble, 


Turner, 


Ellioct, Nomland, 


Wellwood, 


Flemington, 0*Brien, 




Absent and not voting: 




Mr. Camp. 


. 


And so the substitute was carried. 





Sections 5, 6 and 7 of the report were adopted. 

Mr. Scott moved as a substitute for the recommendation of the 
Committee as to section eight (8) that section eight (8) be 
amended as follows: 

In line 3 strike out the word **two" and insert the word *'one," also io the 
same line strike out the word "four** and insert the word 'Hihree;" also in line 
4 strike out the word "six** and insert the word '*five.*' 

Yeas and nays demanded. 

The roll being called there were ayes 17, nays 51, viz: 

Those who voted in the affirmative were: 



Messrs- 


Messrs — 


Messrs- 


Bennett, 


Hangen, 


Scott, 


Brown, 


Mathews, 


Stevens, 


Carothers, 


Meacham, 


Turner, 


Clapp, 


Noble, 


Wellwood, 


Elliott, 


Bowe, 


Whipple. 


Flemington, 


Sandager, 




Those who voted 


in the negative were— 


- 


Messrs — 


Messrs— 


Messrs — 


Allin, 


Griggs, 


Parsons of Rolette, 


Almen, 


Hams, 


Paulson, 


Appleton, 


Hegge, 


Peterson, 


Bartlett of Dickey, 


Holmes, 


Powers, 


Bartlett of Griggs, 


floyt, 


Powles, 


Bean, 


Johnson, 


Purcell, 


Bell 


Lauder, 


Pollock, 


Best, 


Linwell, 


Ray, 


Budge, 


Lowell, 


Richardson, 


Carland, 


Marriuan, 


Robertson, 


Chaffee, 


McBride, 


Rolfe, 


Clark, 


McHngh, 


Selby, 



Thubsdat, August 1, 1889. 



169 



OolioD, 


MoKenzie, 


Shmnan, 


Douglas, 


Moer, 


Slotten, 


Fay, 


Nomland, 


Wallaoe, 


Oayton, 


O'Brien, 


Williams, 


Gray, 


Parsons of Morton, 


Mr. President. 


Absent and not 


voting — 




Messrs— 


Messrs— 


Messrs — 


Blewett, 


Leaoh, 


Miller, 


Gamp, 
GUok, 


Lohnes, 


Spalding. 



And so the substitute was lost 

Mr. Johnson moved as a substitute for the recommendation ( f 
the Committee that section 9 be amended as follows: Insert 
Eifter the word "clerk" in the first line the words "of the supreme 
court, elected by the people, who shall hold his office for a term 
of four years." 

Ayes and nays demanded. 

The roll being called there were ayes 25, nays 46. 
Those who voted in the affirmative were: 



Allin, 


Haugen, 


Soott, 


Aimen, 


Hegge, 


Slotten, 


Appleton, 


Johnson, 


Stevens, 


Bennett, 


Lander, 


Tamer, 


Garrothers, 


Lin well. 


Wellwood, 


Golton, 


Nomland, 


Williams, 


Filliott, 


Peterson, 


Mr. President 


Gray, 


Bowe, 




Hams, 


Bandager, 




Those who voted 


in the negative were: 




Messrs — 


Messrs— 


Messrs- 


Bartlett of Diokey, 


Gllok, 


Parsons of Rolette, 


Bartlett of Griggs, 


Griggs, 


Paulson, 


Bean, 


Holmes, 


Powers, 


Bell, 


Hoyt, 


Powles, 


Beet, 


Leanh. 


PuroeU, 


Blewett, 


Lohnes, 


Pollook, 


Brown, 


Lowell, 


Bay, 


Bodge, 


Marrinan, 


Biohardson, 


Garland, 


Meaoham, 


Bobertson, 


Ohaffee, 


MoBride, 


Bolfe, 


gapp. 


MoKeuzie, 


Selby, 


Olark. 
Douglas, 


Miller, 


Shaman, 


Moer, 


Spalding, 
Wallaoe, 


Fay, 


Noble, 


Flemington, 


O'Brien, 




Clayton, 


Parsons of Morion, 




Absent and not voting: 




Messrs-— 






Gamp, 


Mr. MoHngh, 


Mr. Whipple. 


Mathews, 






And so the substitute was lost. 




22 







170 



Journal of the Convention, 



Mr. Garland moved that the report of the Committee of the 
Whole, so far as section 19 of File No. 121 is concerned, be not 
adopted. 

Which motion prevailed. 

Mr. Pollock moved that the report of the Committee of the 
Whole on the report of the Committee on Elective Franchise be 
adopted as read. 

Mr. Moer moved as an amendment that the report be read and 
adopted section by section. 

Which amendment prevailed, and the original motion as 
amended also prevailed. 

The Convention took a recess of ten minutes. 

Mr. Moer moved that the following be substituted for section 2 
of the article on Elective Franchise, recommended by the Com- 
mittee of the Whole, and moved its adoption : 

Set. 2. The Lo^slafcnre ehall be empowered to make further extensions 
of the suffrage l:ereaft«r at its discretion to all citizens of mature a^e and 
sound mind, not convicted of crime, without regard to sex, but shall not extend 
nor restrict tlie riji^ht of suffrage without first submitting the question to the 
voters to be by them ratified by a majority vote. 

Mr. Parson of Rolette moved the previous question. 
Which motion prevailecL 

Ayes and nays demanded on the main question. 

The roll being called there were ayes 35, nays 25, viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs - 


Messrs- 


Ahnen, 


Harris, 


Peterson, 


Appleton, 


Hegge, 


Powers, 


Bartlett of Dickey, 


Hoyt, 


Powell, 


Bean, 


Johnson, 


PurceU, 


Bell, 


Lauder, 


Ray, 


Brown, 


Meacham, 


Bolfe, 


Budge, 


Moer, 


Bowe, 


l^ouglas, 


Noble, 


Scott, 


Fay, 


O'Brien, 


Selby, 


Flemington, 


Parsons of Morton, 


Slotten, 


Glick, 


Parsons of Bolette, 


Williams, 


Griggs, 


Paulson, 




Those who voted 


in the negative were — 


■ 


Messrs — 


Messrs— 


Messrs— 


Allin, 


Colton, 


Nomland, 


Rartlett of Griggs, 


Gray, 


PoUock, 


Bennett, 


Haugen, 


Bichardison, 


Best, 


Linwell, 


Shuman, 


Garland, 


Lowell, 


Spalding, 


Crothers, 


McBride, 


TTimer, 


Chaffee, 


McKenzie, 


Wallace, 


Clapp, 


Miller, 


Mr. President. 


Clark, 






Absent and not voting — 




Messrs — 


Messrs — 


Messrs — 


Blewett, 


Lohnee, 


BobertsoQ, 



Thursday, August 1, 1889. 



171 



MarriDBD, 

Mathews, 

McHujfh, 



tiuDda^er, 

Stevens, 

Whipple. 



}. Elliott and Wellwood being paired. 

) the substitute prevailed. 

palding offered the following substitute for section 2 
ed its adoption: 

The Legislature shall be empowered to make extensions of suf- 
males of mature age and sound mind, not convicted of crime, and if 
sion is made, may at any time thereafter restrict the same. 

illor moved to take recess until 8 o'clock, 
motion was lost. 

irtlett of Grig^ moved the previous question. 
. motion prevaded. 

.nd nays demanded on the main question. 

•11 being called there were ayes 2G, nays 36, viz: 

wdio voted in the affirmative were: 



Messrs — 

Chirk, 
Q, C!)olton, 

of Griggs, Haugen, 

Lin well, 

Lowell, 

McBride, 
:s, McKenzie, 

Miller, 

Nomland, 

who voted in the negative were: 



Messrs — 
Pollock, 
Richardson, 
Shuman, 
Spalding, 
Turner, 
Wallace, 
WeUwood, 
Mr. President. 



of Dickey, 



ton, 



Messrs — 
(Jriggs, 
Hegge, 
Hoyt, 
Johnson, 
Lauder, 
Meaeham, 
Moer, 
Noble, 
O'Brien, 

Parsons of Morton, 
Parsons of Rolette, 
Paulson, 



: and not voting: 



Messrs — 
Leach, 
Lohnes, 
Marrinan, 
Mathews, 



Messrs 
Peterson, 
Powers, 
Powles, 
Purcell, 
liay, 

Robertson, 
Rolfe, 
Rowe, 
iScott, 
Selby, 
Slotteu, 
Williams. 



Messrs — 
McUugli, 
Sandager, 
Htevens, 
Whipple. 



172 Journal of the Convention, 



And so the substitute was lost 

Mr. Miller moved to take a recess until 8 o'clock p. m. 
Which rootion was lost 

Mr. Turner moved to insert after the word ''sex" in line three, 
section 2, the words, ''but not to hold office, but as otherwise pro- 
vided for in this Constitution without being submitted to a vote 
of the people." 

Which substitute was lost 

Mr. Flemington moved the previous question. 

Which motion prevailed. 

The main question being put was lost 

Mr. Appleton moved that the Convention take a recess until 
8 o'clock p. m. 

Which motion prevailed. 

EVENING SESSION. 

Mr. Carland introduced the following resolution and moved its 
adoption: 

Resolved, That the oommittee on mifloellaneoQB sabjeoiB be inBtniotod to 
report to this Oonvention as soon as possible a proposed article on fature 
amendments, homestead and exemption, great seal, and boundaries. 

Which resolution was adopted. 

Mr. Bowe introduced the following resolution and moved its 
adoption: 

Resolved^ That the President and Ghief Olerk of this Convention be 
anthorused to issue oertifioates of service to all persons employed as olerks of 
committees, who were discharged by to-day's resolution, upon receipt of in- 
structions from chairmen of committees as to time of such clerk's service. 

Which resolution was adopted 

Mr. Stevens introduced the following amendment to the rules: 

Any two members may call for the ayes and noes on any question voted up- 
on in the Oommittee of the Whole, but no vote shall be taken by roll call on 
any subject on which the aves and noes have been taken in Oommittee of the 
Whole, when considering the report from the Oommittee of the "V^ola 

And moved it be referred to committee of five. 
Which motion was lost 

Mr. Parsons of Bolette moved to lay the amendment on the 
table. 

Which motion prevailed. 

Committee on Corporations Other than Municipal submitted 
the following minority report: 

Mb. Pbbsidbnt. 

A minority of your Oommittee on Oorporations Other than Munioipal, 
failing to concur in the report of the majority thereof, beg leave to submit the 
following minority report: 

First We recommend that the report of the migority of your oommittee 
be not adopted by this Oonvention, but that in its place and stead be Bubslita- 



Thubsdat, August 1, 1 



ted the following, the adoption ot wbioh a minonty of your committe reepeot- 
tnUy raoommeud: 

SacnoK 1. No charter of iaoorporatioD ehsll be granted, chaoffed or 
amended by Hpedal law. except in the case ot aaoh moniaipal, ohsritable, eda- 
oatiunal, penal jr retonnatory corporations ae may be under ooatrol uf tha 
state, bnt the general asBembly shall provide by genend laws for the orfliaaiza- 
tion of all oorporatianB hereafter to be created, and any such law so passed 
■hall be snbjeot to fntnre repeal or alteration. 

Heo. 2. The term "oorporatioa" us used in this article, shall not be tinder- 
stood as erobrooing mniiioipBlitdee or piiUtioal diviBionB of the atate onleSB 
otherwise eipreael^ stated, bat it shall be held and conetmed to inolnde all 
aaaoeiations and joiut stock oompaniee having any of the powers or privilefces 
ot oorporatioDB not posHasBad by iadiridnala or partnerships. 

Sbc 3. All oorporatione shall have the rignt to sne and shall be snbjeot 
to be sned in all oonrts in like oasee as natnral persons, snbject to SDch regii- 
latioos and oonditions as may be preaoribed by law. 

Sua. 4. The Legislature shall have the power to alter, revoke or annni 
any charter ot inoorporatioD eiistinK and revokable at the lime of the taking 
elfoot ot this OonatitDtion,or any that may thereafter be created wht-never in ite 
opinion it ma^ be injurioos to the dtuseas of the state, in snch manner, how- 
ever, that no injostice shall be done to the corporation or creditors. 

Sxc. 6. No toreiffn corporation shall engase in bnainess in this state 
withont havinff one or more known places of buainees, and an authorized 
■gent or affents in the same apon whom protests may be served. 

8x0. 6. No ooTporation saall engotie in any bnainess other than that «t- 
preaaly authorized in its charter and the law. 

Sbo. 7. The indebtedness of private oorporationH shall be seonred by 
BOch meana as may be prescribed by law, bnt in no case, diall any stockholder 
be made by law individnally liable for such indebtedness in any amount over 
and above the auonot of stock owned by him. 

Sbc S. No corporation except for municipal, charitable, edncational, 
penal or retormatory purposest and auder the control of the state, or tor the 
oonstniotion or operation of railroads, plonk roads and canals, shall be created 
for a longer time than thirty years. 

Sec. 9. All railroads and canals shall be pnblio highways, and all rail- 
roada, canals, transportation and express companies shall be common carriers 
and subject to legislatiTe control, and the legislature shall have power to regu- 
late and control by law the rates of charges for the transportation ot 
peaMDfEen and ti eight by snoh oompames as common carriers from 
on« point to another in the state; provided, however, that snch common car- 
riers ahall be entitled to charge and reoeive just and reasonable oompensa- 
-tion tor such transportation ot freight and passengers withm the state and the 
determination of what is a jnst and reasonable compensation ahall be a judi- 
cial qoeation to be determined by the court& 

HBO. 10. No street or other railroad shall be constructed within any city, 
town or other mnnioipality or inoorporated village without the consent ot the 
3ooal auiboritiee having the control ol the street or highway proposed to be 
«>ocnpied bv such street or other railroad. 

OKc. 11. Every railroad, telegraph, express or other corporation, organ- 
jued or doin^ business in this state, shall make an annnal report to the auditor, 
^uad the Legislatnre shall pass laws to enforce the faithful and full pertorm- 
^inoe of his duty to the end that all the doings of snoh corporations may be 
X>ublicly known. 

All of whit^ a minority of your committee most respectfully submit. 
W. E. PuB0KLi„ 

L. D. BABTIiBTT, 

H. H. MoxB, 

J. IiOVELL, 

Hembeis nt the Committee on Corporations Other than Municipal. 
Ur. Moer moved that the reading of the minority report of the 



174 Journal of the Convention, 



Committee on Corporations other than Municipal be dispensed 
with until the same is printed. 
Which motion prevailed. 

Mr. Richardson moved that the Convention do now resolve it- 
self into Committee'of the Whole to consider sections 2 and 8 
of the report of the Committee on Legislative Department. 

Mr. Miller moved to amend, thatthe Convention consider sec- 
tion 2. 

Which amendment prevailed, and the original motion as 
amended also prevailed. 

Mr. Parsons of Morton moved that section 2 of the report of 
the Committee on Legislative Department be adopted. 
Which motion prevailed. 

Mr. Scott moved to add to section 8 File, 129 after the word 
"members" the following words: "Who shall be appointed to and 
elected at large from each senatorial district." 

Mr. Carlaud moved as a substitute to consider the report of the 
Committee of the Whole on the report of the Committee of the 
Whole on File 123. 

Which motion prevailed. 

Mr. Carland moved that the report of the Committee of the 
WHiole on File 123 as read be adopted. 
W^hich motion prevailed. 

Mr. Carland moved to consider the report of the Committee of 
the Whole on File 130. 
Which motion prevailed. 

Mr. Carland moved that the report be adopted as read. 

Mr. Miller moved to amend that the report be adopted with the 
exception of sections 8, 9 and 11, which shall be re-referreil to 
the Committee on School and other Public Lands, 

Which amendment prevailed. 

Mr. Scott moved a division of the question. 
Which motion was lost. 

Mr. McHugh moved the previous question. 
Which motion prevailed and the original motion as amended 
prevailed. 

Mr. Moer introduced the following resolution and moved its 
adoption : 

Thut the Conveutioii refer the matter of county oourts back to the Judi- 
ciary Committee, and that the Judiciary be instmcted to prepare an artiole 
creating county courts, but makinfi^ provision that any county desiring^ to 
adopt the county court system shall first submit the question to the voters of 
such couuty. and that in no case shall any county elect a judge of the county 
(^ourt before the general election of the year 1896. 

Which resolution was lost. 

The President called Mr. Williams to the chair. 



Friday, August 2, 1889. 



175 



Mr. Miller moved that section 27 of File 121 be adopted. 

Mr. Stevens moved to amend that the Convention consider sec- 
tion 27 of File 131. 

Which amendment was lost. 

Mr. Flemington moved that the Convention do njw resolve 
itself into Committee of the Whole. 

Which motion prevailed, and the President called Mr. Stevens 
to the chair. 

Mr. Selby moved that the Convention adjourn. 
Which motion prevailed and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



FrftDAY, August 2, 1889. 



The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members being present except Mr. 
Spalding, who was excuseil. 

Mr. Lauder moved that the reading of the Journal he dispensed 
with. 

Which motion prevailed. 

Mr. Gayton introduced the following resolution and moved it« 
adoption: 

Resolvedj That the Committee on Jndiciary be instmcted to report an 
article prohibiting the Le^slatnre from ever chanprin^ or repealinpr the pres- 
ent territorial homestead and exemption laws. 

Ayes and nays demanded on the resolution. 

Those who voted in the affirmative were: 

Messrs— 
Wellwood, 



Messrs — 
Gayton, 
Soott, 



Messrs — 
Williams. 



Thoso who voted in the negative were: 



Messrs— 
Allin, 
Ahnen, 
Appleton, 
Bartlett of Dickey; 
Bartlett of Ghri^gs, 
Bean, 
Bell, 
Bennett, 
Best, 
Blewett, 
Brown, 



Messrs — 
Gray, 
Griggs, 
Harris, 
Haiigen, 
Hegge, 
Holmes, 
Hoyt, 
Johnson, 
Lauder, 
Leach, 
Linwell, 



Messrs — 
O'Brien, 

Parsons of Morton, 
Parsons of Bolette, 
Paulson, 
Peterson, 
Powers, 
Powlee, 
Harcell, 
Pollock, 
Pay, 
Richardson, 



176 



Journal of the Convention, 



Badge, 

Camp, 

Carlandi 

Oarothera, 

Chaffee, 

Clapp, 

Clark, 

Colton, 

Douglas, 

EUioct, 

Fay, 

Glick, 



Lohnee, 

Lowell, 

Marrinaiif 

MathewB, 

Meaoham, 

MoBride, 

MoHngh, 

MoKenzie, 

Miller, 

Moer, 

Noble, 

Nomland, 



BobertsoD, 

Bolfe, 

Bowe, 

Sandager, 

Selby, 

Shuinan, 

Slotten, 

SievenB, 

Tamer, 

Wallace. 

Whipple. 

Mr. Freddent 



Absent and not voting: 
Mr. Fleznington, Mr. Spalding. 

And so the resolution was lost. 

Mr. Williams moved that a special committee of thirteen, of 
which the gentleman from Emmons, Mr. Gayton, shall be 
chairman, be appointed to take into consideration the matter of 
exemptions. 

Which motion was withdrawn: 

FIRST BEADING OF ARTICLES. 

File No. 136 was read the first time. 

REPORT OF STANDING OOMMITTEE. 

Mb. Prbsidemt: 

The Committee on Judicial Department reoommend that the followinfir 
section be incorporated into the Constitution of North Dakota as section 2 of 
the article on Compact between the United States and said state: 

Sec. 2. Jurisdiction is ceded to the United States over the military reser- 
vations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and Fort Totten, 
heretofore declared by the President of the United States; provided^ legal 
process, civil and criminal, of thts state shall extend over such reeervatioiiB 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. 

John £. CabiiAND, 

Chairman. 

SECOND READING OF ARTICLES. 

File No. 135 was read the second time. 

The report of the Committee of the Whole of Ang. 1 was read 
as follows: 

Mb. President: 

Your Conunittee of the Whole have had under consideration Files Nos. 191 
and 121, bein^ the majority and minority reports of the Committee on Ju- 
diciary Department, and recommend that the committee rei>ort progTeea and 
ask leave to set again. 

R J. AiiiODf, 
Chairman. 
Which report was adopted. 

Mr. Blewett moved that the report of the Committee of the 
Whole for the evening session of August 1st be adopted. 
Which motion prevailed. 



Friday, August 2, 1889. 177 



Mr. Parcell moved that tlio Couventiou do now resolve itself 
into Committee of the Whole for tlu* further consideration of the 
minority and majority re}>orts of' the Committee (m Judicial D<v 
l)artmont. 

Which motion prevailed, and 

Mr. President called Mr. Bartlett of GrijLC^s, to the chair. 

Mr. Garland introduced the following as a substitute for sec- 
tic ms 24 and 25 of the Judiciary Committee: 

That the word **probate" where it occurfl iu Roctions 24 and 25 of the majority 
reiKirt of the Committee on Judi(njil Dopartinent he stricken out. and the word 
"ooiinty" ins-rted, and that at the end of said section 25 there ehall l)e added 
the following proviHo: ^^Pmridnl, That whenever the voters of any county 
having a population of two thousand or over shall decide hy a majority vote 
that they desire the jurisdiction of sa'd courr. iucreased above that limited by 
this Constitution, thwn said (!f»unty courts shall liave concurrent jurisdiction 
with the district courts in all civil actions \vht*re the amount in controversy 
does not exceed one thousand dollars, and in all criminal acti(>u8 below the 
grade of felony, and in cjise it is decided by tlie voters c»f any county U) so in- 
crease the jurisdiction of said county court, then the justices of the ])eace of 
such county shall have no exclusive jurisdiction, and the jurisdiction in cases 
of misdemeanors arising under state laws whi(;h may have been conferred upon 
{xdice magistrates, shall cease. The (iualifi(^ati(»ns of the judge of the county 
court in counties where the jurisdiction of said court shall have l)een in- 
creased, shall be the same as those of the district judge, except he shall be a 
resident of the county at the time of his election, and sjiid county judge shall 
receive such salary for his services as may be provided by law. 

When the Committee rose the following report was presented: 

Mb. Pre-sident: 

Your Committee of the Whole have had under consideration the majority 
and minority reports of the Committee on Judicial Department, and recom- 
mend that action on sections 2-1 and 25 be deferred until to-mcjrrow, and that 
the substitute motion of Mr. Carland be printe<l. 

Also, recommend that action on sections 2(), 27 and 28 and the remaining 
sections of File No. 121 be deferred until action is taken on the matter of pro- 
bate courts. 

The Committ(>e have also had under consideration File No. 122, being the 
report of the Committee on P]xecutive Department, and recommend that sec- 
tion one (1) be Jidopted. 

Also recommejd that section two be iimended by striking out in line 
four the word "two" and substitutiug in lieu thereof the word '*five." 

Also, recommend that se<*tionR three (II), four (4), five (5), six ((>), seven 
(7), eight (8), nine (9), ten (10) and eleven (11) be adopted. 

Also, recommend that sect i(m twelve be amended by striking out in the 
sixth line the word "statistics" and inserting in lieu thereof the word "labor;" 
also in line four strike out the words "Cvonnnissioner of Scliool and Public 
Lands;" and that as so amended the section be adopted. 

Al8<», recommend tlmt secrtion thirteen be amended by striking out in 
lines two and three the words "Commissioner of School and Public Lands;" 
alH«) strike out tha word "statistics" in line four and insert in line thereof the 
word "lab »r;" and that as so amended the section be adopted. 

Also, recommend tlmt section 11 be amended by striking out in lines 4 and 
,5 the words **commis8i()ner of school and public lands;" also, in line 7 strike 
out the word "st^itistics" jind insert in lieu thereof the word "hibor;" and that 
as BO amended the section be adopted. 

The Committee have also had under consideration File No. 129, being the 
majority report of the (^munittee on Ijegislative Dejiartment, and also the sub- 
seipient reports from the sam<» committ^s and recommend that sections one 
(1>, three (3) and four (4) be adopteil. 

23 



178 Journal of the Convention, 



Also, recommeDd that the followiDfir be substituted for section 5 of File 
No. 129: ^ 

The Le^slative Assembly shall fix the number of senators, and divide the 
state into as many senatorial districts as there are senators, which districts, 
as nearly as may be, snail be equal to each other in the number of inhabitants 
entitled to representation. Each district shall be entitled to one senator, and 
no more, and shall be composed of compact and contiguous territory, and no 
portion of any county shall be attached to any other county, or part thereof, so 
as to form a district The districts as thus ascertained and determined shall 
c<)ntinue until chani^ed by law. 

Also recommend that sections six (6), seven (7), nine (9) and ten (10) be 
adopted. 

Also recommend that section eieven (11) be stricken out and the followinfir 
substituted therefor : 

**The members of the House of Representatives shall be apportioned to 
and elected at larfire from each senatorial district.'' 

Also recommend that section twelve (12) be adopted. 

Also recommend that section thirteen (13) be amended by strikindf ont the 
word "recorder" in the second line and inserting? in lieu thereof the words 
"register of deeds," and that as so amended the section be adopted. 

Also recommend that sections fourteen (14) and fifteen (15) be adopted. 

The committee reports progress and asks leave to sit again. 

David BARTiiBTT, 

Chairman. 



Mr. 'Appleton moved that the report of the Committee of the 
Whole be adopted and referred to the Committee on Revision. 
Which motion prevailed. 

Mr. Williams moved to adjourn until 2 o'clock p. m. August 3d. 
Mr. Bartlett of Griggs, moved to amend by striking out the 
time. 

Which amendment was lost. 

Mr. Bartlett of Griggs, moved to amend by striking out "2 
o'clock p. m." and substituting "9 o'clock a. m." 

Which amendment was lost, and the original motion was also 
lost. 

Mr. McHugh moved to adjourn until 2 o'clock p. m. August 3d. 

Mr. Lauder moved as an amendment that the Convention ad- 
journ. 

Which amendment prevailed, and the original motion as 
amended also prevailed. 

EVENING SESSION. 

The Convention reassembled at 8 o'clock p. m. 

Mr. Moer moved that the house resolve itself into Commit- 
tee of the Whole for the further consideration of File No. 129. 

Which motion prevailed, and 

The President called Mr. Moer to the chair. 

When the Committee rose the following report was presented: 

Mr. President: 

Your Committee of the Whole have had under ooDsideration File No. 129 



Friday, August 2, 1889. 179 



aud recommend that seotioDS sixteen (16), seventeen (17), eighteen (18), nine- 
teen (19) and twenty (20) be adopted. 

Also, recommend that section twenty-one (21 ) be amended by striking out 
the fi:(nres *^$300" in line two and inserting in lien thereof the figures *'$5 per 
day," and that as so amended the section be adopted. 

Also, recommend that sections twenty-two (22), twenty-three (23), twenty- 
four (24), twenty-five (25) twenty-six (26), twenty-seven (27) lyid twenty-eight 
(28) be approved. 

Also recommend that section twenty -nine (29) be amended by inserting after 
the words **12 o'clock" the letter **M," and that as so amended the section be 
adopted. 

Also, recommend that sectiojis thirty (80) and thirty-one (31) be approved. 

Also, recommend that section thirty-two (32) be amended by striking out 
in line two the words **ninety days" and inserting in lien thereof the words 
*'Bixty days;" also amend same section by adding at the end of the section the 
wordJs **bnt the first session of the Legislative Assembly may continue for a 
period of 120 days," and that as so amended the section be adopted. 

Also, recommend that sections thirty -three (33), thirty-four (34), thirty-five 
(35), thirty-six (36), thirty-seven (37), thirty-eight (38) and thirty-nine (39) be 
adopted. 

Also, recommend that section forty (40) be stricken out. 

Also recommend that section forty -one (41) be adopted. 

Also reconmiend that section forty-two (42) be amended by striking out the 
word ^^preeent" in the second line thereof, and inserting therefor the word 
'^elect," and that as so amended the section be adopted. 

Also recommend that section forty-three (43) bo adopted. 

Also recommend that section forty-four (44) be amended by striking out in 
the second line thereof the words ^'sixty days," and inserting therefor '*July 
let," and that as so amended the section be adopted. 

Also recommend that section forty -five (45) be adopted. 

Also recommend that lines 49 and 50 of section forty-six (46) be added at 
the end of the section; also recommend that the section be further amende by 
adding thereto the following: "Nor shall the legislature indirectly enact such 
special or local law by the partial repeal of a general law; but laws rei)ealing 
local or special acts may be passed. 

Also, recommend that section forty-seven (47) be adopted. 

Also, recommend that section forty-eight (48) be adopted. 

Also, recommend that the following portion of the report of the Oommittee 
on Legislative Department be adopted: 

**Filee numbered sixteen, eighteen, nineteen, twenty, twenty -six, twenty- 
eight, thirty-one, thirty-seven, forty-five, forty-eight, sixty, seventy, eighty, 
eighty-five, eighty-eight, ninety-five, one hundred, one hundred and one, one 
hundred and two, one hundred and twelve, one hundred and thirteen, one 
hundred and fourteen, one hundred and sixteen and one hundreil and eigh- 
teen are reported back with the recommendation that they be laid upon the 
table." 

Also recommend that the consideration of the following proposed addi- 
tional article to File No. 129 be indefinitely postponed: 

**That in lieu of all perquisites, newspapers, postage, stationery etc., each 
member of the Legislative Assembly be (dlowed fifty ($50) dollars " 

« S. H. MOBB, 

Chairman. 



Mr. Kowe moved that the report of the Committee of the 
Whole be adopted. 

Which motion prevailed. 

* Mr. Camp, by unauimous consent, submitted the report of the 
Joint Commission on the Equitable Division of the Property of the 
Territory, and moved 

♦See Appendix *'B" for full text of report. 



^ • 



180 Journal of the Convention, 



That it be r(»ad the Hrst time by its title only. 

Which motion prevailed. 

File No. 137 was introduced and read the first t'nu 

Mr. President: 

Your Committ^M) on Hcliool and other Public Liinds to whom was refer reil 
sections 8, 9 and 11 of File 130 for reconsideration report as follows: 

We recommend that 8t»ctiou S be amended and read as f^dlows: 

Seo. 8. All lands mentioned m the precedinjj: section shall be appraisetl 
and sold in the same manner and by the same board, under the same limita- 
tions and subject to all the (Jonditions as to price and sale as provided above 
for the appraisal and sale of lands for the benefit of common schools, but a 
distinct tmd separate account shall be kept by the proper officers of each of 
such funds; provided^ that the Hmitaticms as to the time in which school lands 
may be sold shall apply only to lands granted for the support of common 
schools; proi*Uled^ further, that the limitations as to price at which school lauds 
may be sold shall be subject to any act of Congress that may hereaft<»r bo 
passed, modifyinjf the terms of the land errant, in an act of Con^jress entitled 
"An act to provide for the division of Dakota into two sttites. and to enable 
the people of North Dakota, South Dakota, Montana and Washington to form 
CJonstitutions and state governments and to be admitted into the Union on an 
equal footing with the original states, and to make donations of public lands 
to such states." 

We further recommend that section nine (9) be amended to read as fol- 
lows: 

Secttion 9. The Legislature shall have authority to pro^de by law for 
the leasing of lands j|jrranted to the state for educational and charitable pur- 
poses, but no such' law shall authorize the leasing of said lauds for a longer 
period than live years. Said lands shall only be leased for pasturage and 
meadow purf>oses, and at public auction after notice as heretofore provided in 
case of sale; provided^ that all of said school lands now under cultivation may 
be leased for other than pasturage and meadow purposes until solil. All rents 
shall he> paid in advance. 

Section 11 is rei)orted back without change. 

H. M. CliARK, 

Ohairmau. 



File No. 138 was introduced and read the first time. 

Mr. Bean moved to adjourn. 

Which motion prevailed and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Satukday, August 3, ISSW. 



SA'lUliDAV, AlllfHBt 'i, 1S8!I. 



Tliij Coiivoiitioii astienibied tit 2 o'clwk |k ui.,piirt>iiiiiit to adjunru- 

lllCIlt. 

Tho Pri'sicU'iit pivsiiliuH- 

Pniyor WHS otTerwl by tim t'lmplaiii. 

The i-()!l wiiH unlleii, nil iiieriiborH iibntiit being (^xuiitn'il. 

Ittailiiij; of till.' Jouninl waa dinpeiisrd with. 

KEi'UiiTS OF ktandinCt i.:om.m ittekm. 

The Oommttti't! un County lunt TownHhip OryHtiiziUion pte- 
Hi'iiteil tin? foUowiujf ifport: 

Mr. FliHHIUEST: 

Viiur (ii)tuiuitU>o (III ('OHiity iiiitl Tnwueliip Urciiniziitn'ii, to whiim File (Si 
was referreil, tliH aiiuiebtiiDK tlie ori^fiiiiil n;pi)rt nt siiiii Cumtnilteo, would roapuct- 
eiiwctfiill)' BUbmit tbo nimcjcuil iimouilxd roiwirt, uud recommeuil ils adoption 
as n Hubatitllt'O for Hiiid uriKiiial rcpiirl. A. F. Al-l-Lb?r(>N, 

E. S. IIULFB. 



AliTIULE - . 

SBiTtOH 1. The RevKr.il ooiiutjcs iu tliti Ttirriti 
tlie ativt-iitli Btdiiduri] panillol, !ia tliey now exi^t. i 
ciiiiiit Jea of tbe Stiitu i>r Nortli Diikatn. 

tiKf: 2. 'i'lie IjUKislntive Aeseiubly sbnil iiruvide by wueral law Fur ur- 
Kuiiiziitt; : UPTC <-oiiiitieB, looatinK the <N>uiit.v stiitR thereot t(?ii)[ioriirily Hud 
{'biiiiK'UK oiiiity lines; l>iit nii new ciiiiTity eliull bo ort;aiiized nor xhidl any 
(iFKuuizeit coiiuty be so reduced ati t<> Juolinle an area of less tliiiu Iweuty- 
fiiiir oouKrewional towuships, and coatHiniiiK a ]inpiilatioii of less than oue 
tboiisand iHiiin full- iiibabitaiits. And in the orKiiiiizntioii of new cuimtieD 
mid chiinKiu>; the liuee of orKanizeil t^iunties the iHiiiiidaries iit onDj^res- 
sioiial towuehips and natural liomidaritwahidl beolmiTveil as nearly asuiay be. 

Hbi:. a. All <^biin(;ra in tlii> iMXlmlarieB of orttitniKed iMiiiitii'!' I>t>fure tnhitui 
etTeotsliHll )« Hiibinitted til flic el<-ctori4 lit the (vinnty or cuiiiiti'-it to be iif- 
fei'teil thereby, at a ({I'licrul election, and be adopted by a niajorify ot the leital 
votes I'liBt ill each county at mii-li eWtioii. and in caxu any |H>rli<in of an ortian- 
iz4;d county Ih striken olf and aililed to a!irithi>i'. th" iMiiiity to whii-h audi fxir- 
liiiii is addeii aliiill assume and lie lioUluii for such pruportion of the iudebted- 
iipss [iF tbo <^[iiinty ho reduced, us the part suvered beare to the whole county 
from which it is Bcvered. 

Srai, 4. Ill ciiuiities already orjranized. where tliK county sent bus not been 
located by V(it« of the people, iiixin a petition sitfuiHt by a majority of the 
It'irid voters of the comity, it shall be the duty of the county iMianl to snliniit 
llie location of the county seat to the electors of said county at tlio next t^nieral 
eli^>lion tJiercaft^r. and tliu place TeceiTiiiu n majority of all votes cnst at 
wijd el<«tioii shall Ihi the county sc>iit of said <-ouiitv. ff. at Miid election, no 
l.hice receive ii majority of all tbe votc-s ca^t. it sh:dl h^ the duty ot the ctmnty 
iHianl to resllliniit the loi-ation of tlie eonuiy acat to Die cl<-cliirs of said county 
at the next (."^ueral elet^tioti tliereafter, and the eleetoru at said election Hliall 
vote tor one of tbe two places receiviu^ the hiKbeat number of votes at the 



182 Journal op the Convention, 



preceding election. The place receiving the majority of all the votes cast for 
county seat at said second election shtll be the county seat of said county. 

Sec. 5. The legislative assembly shall provide by general law for chang- 
ing county seats in organized counties, but it shall have no power to remove 
the county seat of any organized county. 

Sec. 6. At the general election in the year A. D. 1890, and every two years 
thereafter there shall be elected in eaoh organized county a Clerk of the Court, 
Sberiff, Begister of Deeds, Treasurer, State's Attorney, Surveyor, Coroner and 
Superintendent of Schools, whose terms of office respectively shall be two 
years, and, except the Clerk of Court, no person shall be eligible for more than 
four years in succession to any of the above-named offices. 

Seo. 7. The Legislative Assembly shall provide by general law for organ- 
izing counties inte civil townships. 

Sec. 8. In each organized civil township there shall be elected at the 
first general election aft«r the admission of this state inte the union for such 
terms as the Legislative Assembly may by law prescribe, three township 
supervisors, one of whom shall be designated as chairman, and if the Legisla- 
tive Asseubly shall, by general law, provide that the county board of any 
county shall consist of less than fifteen members, then upon a petition signed 
by not less than fifty legal voters of any county, asking that the question of 
the establishment of a county board to be composed of the chairmen of the sev- 
eral boards of township supervisors be submitted to the electors of the county 
it shall be the duty of the county board to submit the same at the next general 
election thereafter, and if at such election a majority of such electors shall 
vote in favor of such proposition, then the county board of such county shall 
consist of such chairmen of the sever.-ii boards of township supervisors and of 
such others as may by law be provided for any incorporated city or village 
within such county. 

Se(}. 9 The legislative assembly shall provide by general law for such 
other county, township and district officers as may be deemed necessary, and 
shall prescribe the duties and compensation of all county, township and dis- 
trict officers. 

Sec. 10. All county, township and district offi'*ers shall be electors in the 
county, township or district in which they are elected, except as otherwise pro- 
vided iu this Constitution. 

Mr. Appleton moved that the report be read by its title only, 
and that it be printed in the Journal. 
Which motion prevailed. 

The Committee on Public Debt and Public Works made the 
following report: 

Sectiion 1. The State may, to meet casual deficite or failure in the rev- 
enue, or in case of extraordinarvemergeDcies,contractdebte,but such debte shall 
never in the aggregate exceed tne sum of two hundred thousand dollars, exclu- 
sive of what may be the debt of North Dakota at the time of the adoption of 
this Constitution. Every such debt shall be authorized bv law for certain 
puri>oses to be definitely mentioned therin, and every such law shall provide 
for levying an annual tex sufficient to pay the interest semi-annually, and the 
principal within thirty years from the passage of such law, and shall especially 
appropriate the proceeas of such tax to the payment of said principal and in- 
terest, and such appropriation shall not be repealed nor the tax oisoontinned 
until such debt both principal and interest, shall have been fully paid.. No 
debt iu excess of the limit named shall be incurred except for the pnrpoee of 
repelliug invasion, suppressing insurrection, defending the state in time of 
war, or to provide for public defense in case of threatened hostilities. 

Se<j. 2. The debt of any county, city, town, school district, or any other 
subdivision, shall never exceed five (5) per centum upon the assessed value of 
the taxable property therein, except as otherwise specified in this Constitution; 
provided, that any city may, by a two-thirds vote, increase such indebtediieea 
three (3) per cent, beyond said five (5) per cent limit In estimating the in- 



Satdedat, August 3, 1889. 183 



dehtodneSB which a oity, oonntv, or any anbdivision thareot may intnir, tho 
amoaat of iiidebteilDeae contracted prior to the adoption of this Couatitutioii 
ahall be included, ^ 

Bet. 3. Any city, connty, town, school district or other subdivii'idU iucnr- 
riai; indebtedneeB ftball, at or before the time of so doioK. provide for the col- 
lection of an rduiisI tai aafficieat t^ipuy tba interest and also the principal 
tbereof nhen doe, and all laws or ordinancee proriiling tor the payment of the 
interest or principal of any debt shall be irrepenlHble until such debt be paid. 

Sec. 4. Neither the state nor any county, toirnsbip or municipality Bhall 
loan or (rive ita credit or make donation to or in aid of any iudiridiial. associa- 
tion or corporation, except for nec«eeary support oF tjie pour, nor subscribe to 
or become the owuerof the cn[)ital stock of any HBBociation or corporation, nor 
■hall the atate enfcoKe in any work of internal improvement uidess anthorizetl 
by a two-thirds vote of the people. 

Sbc S. No money shall be paid ont of the treasury except U)x>n appropri- 
ation by law and on warrant drawn by the proper ofHcer, and no InllH. claime. 
acconnta or demands a^inst the Rtate, or any couaty or otUer an l>di vision, 
shall be audited, allowed or paid nntil a full itentizeil statement in wHtint; 
shall be filed with the officer, or officers, whoee duty it may be to audit the 

Ssn. 6. No bond or evidence of indebledneas of the etate shall he valid 
anlMS the same shall have endorsed thereon a certificate signed by the Amli- 
tor and Secretary of State shnwiui; that the bond o' evidence of debt ia isaned 
pnranant to law, and falla within the debt limit. No bond or evidence of debt 
of any county or bond of any township or other snbdiviaion of a connty 
shall be valid nnlees the same have endorned thereon a certi finite aiirnod by 
rbe county anditor, or other officer authorized by law to siffn such certificate, 
atating that a^d bond or evidence of debt is iasneil pursuant to law, and is 
within the debt limit 

E. D. Wailace, 
Chairman. 
Mr. Wallace moved that the report Vie read by its title only, and 
T>e printed in the Jounml. 
Which motion prevailed. 

HECOND BEADING OF ARTICLES. 

File No. 130 was read the second time. , 

File No. 137 was read the second time. 

File No. 138 was read the second time. 

Mr. Pollock moved that the reimrt of the Committee on School 
ILanda be recalled and recommitted to the Committee on School 
Xands. 

Which motion prevailed. 

The President named the following as a committee on the reeo- 
Intion introduced by Mr. Stevens in relation to publishing an ad- 
dress to the people of North Dakota; Tho President, chairman, 
jUeBsre. Stevens, Garland, S])ftlding, McKonzie, Bartlett of Griggs, 
"Purcell, Bolfe, O'Brien, Turner, Johnson, Carothers and Howe. 

Mr Purcell moved that the Convention resolve itself into 
<jOmmittee of the Whole for the consideration of the substitute for 
sectionB 24 and 25 of the Judiciary Committee's report. 

Which motion prevailed, and 

The President called Mr. Bowe to the chair. 

When the Committee rose the following report waa presented: 



184 Journal of the Convention, 



Mr. Pkesldent: 

Your Committeo of tbo Wholo have had under oousiderntion File No. 137. 
tlie substitute report of the Judicnary Coinraittt^e on s(^eti^i8 24 and 2.") of File 
No. 1*21, and recommend tliat it be amended by adding' at tlie close the follow- 
ing?: 

**In case the voters of any county.decide to increase the jurisdiction of said 
county court«,theu such jurisdiction as thus increased shall remain until other- 
wise i)r.)vided by law," 

And that as so amended the substitute be adopted. 

Your committee have also further considered File No. 121, and reconimeml 
that section twenty-six (2i)) be amended as follows: 

Htrike out, fnmi hue five commencing' at the words **th(* justices," etc., dv>wn 
to the words "they shall have such juri.sdiction," etc., in line ten, and insert in 
lieu thereof the following: : 

"The justices of the peace herein provided for shall have concurrent juris- 
diction with the distri^'t t;ourt in all civil actions, when the amcmnt in contro- 
versy exclusive of costs does not exceed S2(M).'' 

Also, after the word "magistrates" in line ten insert the following' wor Is: 
**And in counties where no county court with criminal jurisdiction exist^s they 
shall have such jurisdiction to hear and det(»rmine cases of misdemeanor as 
may be provid (I by law;" also that the section be further amended by adding 
at the close thereof the following: *'The Legislature shall have power to ah«)l- 
ish the oflice of justice of the peace, and confer that jurisdiction upon judfj^es 
of county cxmrts or elsewhere," and that as so amended theeecrticm be adopted. 

Also, recommend that se(!tion twenty-seven (27) be adoptetl. 

Also, recimimend that section twenty eipht (2H) be amended by strikinir 
out the word "probate" in lino one and inserting in lieu thereof the word 
"county" and that as so amended the sectio be adopted. 

Also, rec(>mmend that se<ti(ms twenty-nine (21)), thirty (30), thirty-one (31), 
thirty-two (32), thirty-three (33) and tuirty-four OU) be adopted. 

Your committee have also had under C(msideration File No. 1!:W, beiu^r tlie 
report of the Conmiittee on Prwimble and Bill of Ki^dits, and recommend that 
the followinjx be substituted for the preamble therein contained: 

"We, the people of North Dakota, ^'rateful to Almi^'hty (iod for the bless- 
int^s of civil and reli^ous liberty, do ordain and establish this Ccmstitutiou." 

Also, recommend that sections one (1), two (2), three (3), four (4), five (5) 
and six US) be ad()[)ted. 

Also, re<'<mimend that sectitm seven (7) be amended by striking out the 
word "and" in t^ie seccmd line, and insertni^^ in lieu thereof the word **in," and 
that as amended the secticm be adoi)ted. 

Also, recommend the adoption of the followin^f as an additional section of 
File 1:5:5: 

Every citizen of this Stat** shall be fn-e to obtain employment, wherever 
possible? and any person, corporation or a^'ent thereof keeping a black list, in- 
U>rferin^ or hinderinjr in any way a citizen from obtainintror enjoying' employ- 
ment alreatly obtnined, from iiny other corporation or person, shall be deemed 
jfuilty of rcmspiracy a^'ainst the welfare of the State, which offense shall be 
punished as shall be prescribed by law. 

Also, rec(mimend that section nine (Ih, ten (10). <»leven (11), twelve (12), 
thirteen (13), fourte(M) (14). fifteen (15), sixteen (!(>), sev(»nteen (17), eij^liteen 
(IH), nineteen (10), twenty (20), twenty-one (21), twenty-two (22) and twenty- 
three (23) be approv(Hl. 

W. H. UowK, 

('hairman. 

Mr. (^anip inovod ihat tin* Coniinittco on Pivblic Institutions ho 
ro(ino.^tt'(l to roport back to i\w (\)nv(»n1ion Fib* No. 79 on 
Monday. 

Wbich Tnotion provailod. 



Saturday, August 3, 1889. 185 



Mr. Lauder moved to adopt the report of the Committee of the 
Whole. 

Which motion prevailed. 

Mr. Appleton moved to adjourn. 
Which motion prevailed. 



EVENING SESSION. 

Tlie Convention assembled at 8 o'clock p. m., pursuant to ad- 
journment. 

Mr. Stevens moved that the Convention do now resolve itself 
into Committee of the Whole for the consideration of the bus- 
iness on the table. 

Which motion prevailed, and 

The President called Mr. Purcell to the chair. 

When the Committee rose the following report was presented: 

Mb. President: 

Yoar Committee of the Whole have had under oonsideration Files 134 and 
135 and recommend that section 1 of File 135 be snbstitnted for File 134. 

Also, recommend that section 2 of File 134 be adopted. 

Also, recommend section three (3), also recommend that section 4, also 
recommend that section 5, also recommend that section 6 and also recommend 
that section 7 be adopted, and also recommend that section 8 be adopted. 

Also, recommend that section 9 be adopted. 

Also, recommend that section 10 be adopted. 

Also, recommend that section 11 be passed until Monday next; and also 
recommend that section 12 be amended by inserting in third line after the 
word *'railroad" the words '^sleeping car, tele^irr&ph and telephone;" also, in the 
same line after the word '^companies" insert the words *'of passengers, intelli- 
gence and freight,' and when so amended it be adopted. 

W. E. PUROBLL, 

Chairman. 

Mr. Bartlett of Griggs, moved that the report of the Commit- 
tee of the Whole be adopted, and referred to the Committee on 
Revision. 

Which motion prevailed. 

Mr. Almen moved to adjourn. 

Which motion prevailed, and the Convention adjourned. 

J. Q. Hamilton, 
Chief Clerk. 



24 



186 Journal of the Convention, 



Monday, August 5, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 

Prayer was offered by the Chaplain. 

The roll was called, all members absent were excused. 

Mr. McHugh moved that the further proceedings under the 
regular order of business be dispensed with. 

Which motion prevailed. 

The President introduced U. S. Senator Stewart, Chairman of 
the Senate Committee on Irrigation and Arid Lands, who ad- 
dressed the Convention ; also U . S. Senator Kegau, who addressed 
the Convention ; also Major Powell, Director of the Geological 
Survey, who addressed the Convention. 

Mr. Mathews moved to adjourn. 
Which motion prevailed. 

EVENING SESSION. 

The Convention re-assembled at 8 o'clock p. m., pursuant to ad- 
journment. 

Mr. Bartlett of Griggs moved that the Convention resolve itself 
into Committee of the Whole for the purpose of considering the 
minority and majority reports of the Committee on Corporations 
Other than Municipal, and also the report of the Committee on 
County and Township Organization. 

Which motion prevailed, and 

The President called Mr. Selby to the chair. 

When the Committee rose the following report was presented: 

Mr. President: 

Yonr Committee of the Whole have had under consideration Files No. 134 
and No. 135, being .the majority and minority reports of the Oommittee on Cor- 
porations Other Than Mnnioipal, and recommend that sections thirteen (13), 
fourteen (14) and eleven (11) of File No. 134 be adopted. 

Also, recommend that the following^ be substituted for section flfeeen (15) 
of File No. 134: 

**The term ^corporation/ as used in this article, shall not be understood as 
embraciufir municipalities or political divisions of the state, unless otherwise 



Monday, August 5, 1889. 187 



expressly stated, but it shall be held and oonstrned to include all associations 
nnd joint stock companies havinir any of the powers or privileges of corpora- 
tions not iK)sseRsed by individuals or partnerships." 

Also, recommend that sections sixteen (16) and seventeen (17) of File 
No. 134 be adopted. 

Your Committee have also had under consideration File No. 140, being the 
report of the Committee on Public Debt and Public Works, and recommend 
that Section one (1) be adopted. 

Also recommend that further consideration of the File be postponed until 
August 6. The Committee reports progress and asks leave to sit again. 

J. F. Belby, 
Chairman. 



Mr. Johusoii moved that the report of the Committee of the 
Whole be adopted and referred to the Committee on Revision and 
Adjustment. 

Which motion prevailed. 

Mr. Bartlett of Griggs, moved that when the Convention ad- 
• joum it be until 9:30 a. m. to-morrow morning. 

Which motion was lost. 

The Committee on Miscellaneous Subjects presented the follow- 
ing report, which was read the first time: 

Mb. Pbbsident: 

Your Committee on Miscellaneous Subjects have had under consideration 
FQes Nos. 36, 59, 71, 72, 86 and 109, and report as follows: 

We recommend that File No. 36 be amended by striking out the words 
**Gteneral Assembly," where they may appear, and inserting in lieu thereof the 
words '^Legislative Assembly," and that as so amended it be adopted as an ar- 
ticle of the Constitution. 

We also recommend that File No. 59 be adopted. 

We also recommend that File No. 71 be not adopted, as it is covered by 
File No. 86. 

We also recommend that File No. 72 be not adopted. 

We also recommend that in File No. 86 sections 2, 3 and 4 be stricken out, 
and when so amended it be adopted. 

We also recommend that File No. 109 be not adopted. 

We also recommend that File No. 36 be adopted as follows: 

Sbction 1. Any amendment or amendments to this Constitution may be 
proposed in either house of the Legislative Assembly; and if the same shall be 
agreed to by a majority of the members elected to each of the two houses, 
such proposed amendment shall be entered on the Journal of each house, with 
the yeas and nays taken thereon, and referred to the Legislature to be chosei/ 
at the next general election, and shall be published, as provided by law, for 
three months previous to the time of making such choice^ and if in the Legisla- 
tive Assembly so next chosen as aforesaid such proposed amendment or 
amendments shall be agreed fco by a majority of all the members elected to 
each house, then it shaU be the duty of the Legislative Assembly to submit 
such proposed amendment or amendments to the people in such manner and' 
at such time as the Legislative Assembly shall provide; and if the people shall 
approve and ratify such amendment or amendments by a majority of the elect- 
ors quaUfied to vote for members of the Legislstive Assembly voting thereon, 
such amendment or amendments shall become a part of the Constitution of 
this state. 

Sbc. 2. If two or more amendments shall be submitted at the same time, 
they shall be submitted in such manner that the electors shall vote for or 
against each of such amendments separately, 



188 Journal of the Convention, 



Also, recommend the adoption of File No. 59 as follows: 

Hection 1. The name of the State shall be called and kuowD as the State 
of "North Dakota." 

Sec. 2. The State of North Dakota shall oonsist of all the territory, in- 
oliided within the followinflf boundaries, to- wit: Commenoiniur at a point in the 
main channel of the Bed River of the North, where the forty-ninth det^ree of 
north latitude crosses the same, from thence south up the main channel of the 
same and along the boundary line of the State of Minnesota to a point where 
the seventh standard parallel intersects the same; thence west along said sev- 
enth standard parallel to a point where it intersects the twenty-seventh me- 
ridian of longitude west from Washington; thence north on said meridian to 
a point where it intersects the forty- ninth degree of north latitude; thence 
east along said line to place of beginning. 

Also, recommend the adoption of File No. 86 as follows. 

Section 1. The rights of the debtor to enjoy the comforts and necessa- 
ries of life shall be recognized by wholesome laws, exempting from forced sale 
a homestead, the value of which shall be limited and defined by law, to all 
heads of families, and a reasonable amount of personal property ; the kind and 
value shall be l^ed by law. \ 

Also the following proposed articles: 

THE GREAT SEAL OF THE STATE OF NORTH DAKOTA. 

The following a escribed Seal is hereby declared to be and is hereby jonsti- 
tuted the Great Seal of the State of North Dakota, ro-wit: 

A tree in the open field, the trunk of which is surrounded by three bun- 
dles of wheat; on the right a plow, anvil and sledge; on the left a bow crossed 
with three arrows, and an Indian on horseback pursuing a buffalo towards the 
setting sun; the foliage of the tree arched by a half circle of forty-two stars, 
surrounded by the motto, "Liberty and Union, one and Inseparable, Now and 
Forever"; the words, "Great Seal," at the top; the words, "State of North 
Dakota," at the bottom; "October 1st" on the right and "1889" on the left. 
The Seal to be two and one-half inches in diameter. 

The state of North Dakota hereby accepts the several grants of land 
granted by the United States to the State of North Dakota by an act of Con- 
gress entitled, "An act to provide for the division of Dakota into two states, 
and to enable the people of North Dakota, South Dakota, Montana and Wash- 
ington to form constitutions and state governments, and to be admiited into 
the union on an equal footing with the original states; and to make donations 
of public lands to such States," under the conditions and limitations therein 
mentioned, reserving the right, however, to apply to Congress for modifications 
of said conditions and limitotions in case of necessity. 

W. E. PUROEIili, 

Chairman. 

Mr. Selby moved to adjourn. 

Which motion prevailed, and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Tuesday, August 6,. 1889. 189 



Tuesday, August 6, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members absent being excused. 

The Journals of August 3d and 5th were read, corrected and 
^ipproved. 

PETITIONS, MEMORIALS, ETC. 

The following communicatiouc* were read: 

Field Secretary's Office, ) 

74 E. 90th Street. New York, Aug. 8, 1889. $ 

To the Constitutional Convention of North Dakota: 

The American Sabbath Union, of which Col. Elliot F. Shepard is Presi- 
dent, with a Vice President and members in each State, respectfully asks that 
^oa will settle in advance the question whether the Sunday laws of your fu- 
ture state are to be deemed constitutional by putting into the Constitution 
itself snob a brief Snnday rest article as is hereto appended, and so save the 
expense that has been caused in twenty-five States to prove in the courts the 
^»nsiitutionahty of the State Sunday laws; and also, protect the people against 
liaving such laws abolished by the inilueuce of a corrupt lobby, to which such 
laws are especially exposed. If the principle is in the Constitution, so that 
^nly the people can change it, a permanency is secured that is especially desir- 
able in such matters in this age of **Liberty Leagues," with their secret plots 
cigainst American institutions. The article proposed for insertion, or at least 
for submission to separate vote, is as follows: '^Traffic and all other work for 
^ain on Sunday is forbidden, except works of necessity and mercy, and such 
;()rivate work by those who observe anotber day as will neither interfere with 
^he general rest nor with public worship. The Legislature shall provide for 
"khe enforcement of this provision." 

Respectfully submitted, 

Wilbur F. Crafts, 

Field Secretary. 

Adams Center, N. Y., July 28, 1889. 
To the Cofistitutiojutl Convention of North Dakota: 

HiB. Pbbsidbnt: 

In behalf of more than fifty thousand Christian people of the United 
StAtes, some of whom reside in your proposed state, and who in obedience to 
the law of Ck>d observe the seventh day of the week commonly called Saturday 



190 Journal of the Convention, 



as their Sabbath and day of rest and worship, most respeotfnliy petition yoar 
honorable body not to incorporate into the Constitation of the new state any 
provision which will require any people who have observed the seventh day of 
the week as their Sabbath, to also rest from their labors on Sunday. 

And, furthermore, inasmuch as the people of France and all southern Eu- 
rope have, in accordance with the Word of God, always called and still con- 
tinue to call the seventh day of the week iustead of the first the Sabbath, in 
order to avoid ambiguity and confusion of terms, we most humbly petition 
that you do not make any provision in the Constitution wherein Sunday shall 
be called the Sabbath. Most Respectfully, 

C. D. POTTKB. 

Mr. Bennett introduced the following resolution : 

Be it Resolved, That the Committee on Revision be and they hereby are 
instructed to insert between the word **city" and the word **and" in the last 
two lines of section 3 of File 125 as amended, the following words, *'or for the 
purpose of c<mstructing sewers." 

Mr. Stevens moved that it be declared the sense of the Conven- 
tion that the Committee on Revision and Adjustment be requested 
to incorporate the amendment proposed in the above resolution in 
their report 

Which motion prevailed. 

REPORTS OF STANDING COMMITTEES. 

The Committee on Public Institutions and Buildings made the 
following report: 

Mb. Fbesidbnt: 

Your Committee on Public Institutions and Buildings have had under 
consideration File No. 79, and a majority of the committee report the same 
back with the recommondatiou that it be amended so as to read as follows: 

PUBLIC INSTITUTIONS. 

Section 1. The following public institutions of the state are permanent- 
ly located at the places hereinafter named, each to have the lands specifically 
granted to it by the United States, in the act of Ck>ngress, approved February 
22, 1888, to be disposed of and used in such manner as the Legislative As- 
sembly may prescribe. 

First The seat of government at the city of Bismarck in the county of 
Burleigh. 

Second. The State University and the School of Mines at the oity of 
Grand Forks, in the county of Grand Forks. 

Third. The Agricultural College at the city of Fargo, in the county of 
Cass. 

Fourth. A State Normal School at the city of Valley City, in the county 
of Barnes ; and the Legislative Assembly in apportioning the grant of eighty 
thousand acres of land for normal schools made in the Act of Congress re- 
ferred to shall grant to the said Normal School at Valley City as aforemen- 
tioned hfty thousand (50,000) acres, and said lands are hereby appropriated to 
said institution for that purpose. 

Fifth. The Deaf and Dumb Asylum at the city of Devils Lake, in the 
county of Ramsey. 

Sixth. A State Reform School at the city of Mandan in the county of 
Morton. 

Seventh. A State Normal School at the town of Mayville, in the ooanty 
of Traill. And the Legislative Assembly in apportioning the grant of lands 
made by congress, in the act aforesaid for State Normal School, shall assi^p 
thirty thousand acres to the institution hereby located at Mayville, and said 
lands are hereby appropriated for that purpose. 



Tdesday, August 6, 1889. 191 



Eighth. A State Hospital for the Insane and an Institution for the 
Feeble-Minded, in couneotiou therewith, at the city of Jamestown, in the 
oonnty of Stutsman. And the Lei^slative Assembly shall appropriate twenty 
thousand acres of the grant of lands made by the act of Congress aforesaid for 
"Other Educational and Charitable Institutions*' to the benefit and for the 
endowment of said institution. 

Sb& 2. The following named public instit utions are hereby permanently 
located as hereinafter provided, each to have so much of the remaining grant 
of one hundred and seventy thousand acres of land made by the United States 
for **Other Educational and Charitable Institutions," as is alloted below, viz: 

First A Soldiers* Home, when located, or such other charitable institu- 
tion as the Legislative Assembly may determine, at Lisbon, in the county of 
Ransom with a grant of forty thousand acres of land. 

Second. A Bhnd Asylum, or such other institution as the Legislative 
Assembly may determine, at such place in the county of Pembina as the quali- 
fied electors may determine at an election to be held as prescribed by the 
Legislative Assembly, with a grant of thirty thousand acres. 

Third. An Industrial School and School for Manual Training, or such 
other educational institution as the Legislative Assembly may provide, at the 
'town of ElJendale in Dickey county, with a grant of forty thousand acres. 

Fourth. A School of Forestry, or such other institution as the Legisla- 
'tive Assembly may determine, at such place in one of the counties of Mc- 
IHenry, Ward, Bottineau or Bolette, as the electors of said counties may de- 
'^rmine by an election for that purpose, to be held as provided by the Legisla- 
tive Assemblv. 

Fifth. A Scientific School, or such other educational or charitable iusti- 
"ttntion as the Legislative Assembly may prescribe, at the city of Wahpeton, 
«i!onnty of Richland, with a grant of forty thousand acres. 

Provided, that no other institution of a character similar to any one of 
'fchose located by this article shall be established or m&intaine<l without a re- 
"^nsion of this Constitution. 

And that when so amended said File be adopted. 

H. F. Miller, 

Chairman. 
SECOND READING OF ARTICLES. 

File No. 141 was read the second time. 

File No. 142 was read the second time. 

Mr. Stevens moved that the Convention resolve itself into 
dJommittee of the Whole, for the consideration of the business (ni 
"the secretary's table. 

Which motion prevailed and Mr. President called Mr. Spalding 

%X) the chair. 

When the committee rose the following report was presented: 
HiB. Prbsibbnt: 

Your Committee of the Whole have further considered File No. 14(), being 
"t^lie report of the Committee on Public Debt and Public Works, and also recom- 
^:mend that section two (2) be amended by inserting after the word ^*connty" in 
%lie first line the word **township," and that as so amended the section be 
^xlopted. 

Also, recommend that sections three (3), four (4), five (5) and six (6) be 
v^dopted. 

Your committee have also had under consideration File No. 139, being the 
K^port of the committee on county and township organization, and recommend 
^kat section one (1), two (2) be adopted. 

Also, recommend that section three (3) be amended by striking out the 
"Word **8uch" in line seven, and inserting in lieu thereof the words "an equit- 
able," and that as so amended the section be adopted. 

Also recommend that section four (4) be stricken out. 



192 Journal of the Convention, 



AIbo reoommend that section five (5) be adopted. 
Also recommend that section six (0) be stricken out. 

Also recommend that sections seven (7) and eight (8) be stricken ont and 
that the following be substituted in lieu thereof: 

Sec. 7. The Legislative Assembly shall provide by general law for town- 
ship organizations, under which any county may organize whenever a majority 
of the legal voters of such county, voting at any election called for that pur- 
pose, shall so determine, and townships when organized shall be bounded as 
near as may be by congressional township lines and natural boundaries; and 
upon a petition signed by not less than one-fourth of the legal voters, as 
shown by the preceding election, of any county organized into civil townships, 
asking that the question of the establishment of a county board, to be com- 
posed of the chairmen of the several boards of township supervisors be sub- 
mitted to the electors of the county, it shall be the duty of the county board to 
submit the same at the next election thereafter, and if at such election a ma- 
jority of such electors shall vote in favor of such proposition, then the county 
lK>ard of such county shall consist of such chairmen of the several boards of 
township supervisors and of such others as may by law be provided for any 
incorporated city or village within such county. 

And that ns so amended the section be adopted. 

Also recommend that section nine (9) be amended by striking out the 
word *'other" in the second line thereof; also by adding at the end thereof the 
following: *'Prot? Wed, That all county officers shall receive a fixed salary. 
For the purpose of providing for and regulating the compensation of county 
officers, the General Assembly shall, by law, classify the several counties of 
the state according to population, and shall grade and Qx the cempensation of 
the officers within the respective classes according to the population thereof. 
Such law shall establish scales of fees to be charged and collected by such of 
the county officers a may be designated therein, for services to be performed 
by them respectively. All fees, perquisites and emolument, shall be paid into 
the coujty treasury," and that as amended the section be adopted. 

Also, recommend that section ten (10) be adopted. 

Also, recommend that the following be adopted as an additional section 
and become section eleven (11): 

**The sheriff and treasuer of any county shall not hold their respective 
offices for more than four years in succession." 

B. F. SPAIiBlNQ, 

Chairman. 

Mr. Wallace moved that the report of the Committee of the 
Whole be adopted, and that it be referred to the Committee on 
Revision and Adjustment. 

Which motion prevailed. 

Mr. Lowell moved to adjourn. 
Which motion prevailed. 

EVENING SESSION. 

The Convention assembled at 8 o'clock p. m. pursuant to ad- 
journment. 

Mr. Rolfe moved that the Convention do now resolve itself into 
a Committee of the Whole for the purpose of considering File 
No. 132, and such other business as may be on the Clp>rk'8 desk. 

Mr. Scott moved to amend by considering File 143. 

Ayes and nays demanded on the amendment. 

The roll being called there were ayes 29, nays 39, viz: 



Tuesday, August 6, 1889. 



193 



* 

Those who voted 


in the affirmative were: 




Meesrs — 


Messrs— 


Messrs— 


Baitlett of Diokey, 


Qriggs, 


Paulson, 


Blewett, 


Harris, 


Ray, 


BrowDy 


Holmes, 


Bandager, 


Garland, 


Hoyt, 


Soott, 


Chaffee, 


Leach, 


Spalding, 


Clark, 


Lowell, 


Stevens, 


Elliott, 


Meaobam, 


WeUwood, 


GkiytoD, 


MoHugh, 


Whipple. 


aiick, 


Miller, 


Williams. 


Gray, 


Moer, 




Those who voted 


in the negative were — 




Memrs — 


Messrs — 


Messrs- 


Allio, 


FlemingtoD, 


Powers, 


AlmeQ, 


Hangen, 


Powles, 


AppletoD, 


Johnson, 


Pnroell, 


Rartlett of Qriggs, 


Lander, 


Pollock, 


BeU, 


Linwell, 


Richardson, 


Bennett, 


Lobnes, 


Rolfe, 


Best, 


Marrinan, 


Rowe, 


Gamp, 


Mathews, 


Selby, 


Garothers, 


McBride, 


Shnman, 


Glapp, 


Noble, 


Slotten, 


Golton, 


Nomland, 


Tnmer, 


Donglaa, 


O'Brien, 


Wallace, 


Fay, 


Peterson, 


Mr. President. 


Absent and not voting — 




Messrs- 


Messrs — 


Messrs — 


H^nre, 


Parsons of Morton, 


Robertson, 


MoKenzie, 


Parsons of Rolette, 




And so the amendment was lost. 





Mr. Stevens moved to amend by considering such business as 
may come before the Convention. 

Ayes and nays demanded on the Itmendment. 

The roll being called there were ayes 33, nays 37, viz: 
Those who voted in the affirmative were: 



Messrs 


Messrs — 


Messrs — 


BarUett of Dickey, 


Gray, 


Parsons of Morton, 


Blewett, 


Griggs, 


Panlflon, 


Brown, 


Harris, 


Ray, 


Gamp, 


Holmes, 


Sandager, 


Garland, 


Hoys, 


Scott, 


Ghaffee, 


Leach, 


Spalding, 


Glark, 


Lowell, 


Stevens, 


Elliott, 


Meacham, 


Wellwood, 


Flemington, 


McHngh, 


Whipple, 


Gayton, 


Miller, 


Williams, 


Gliok, 


Moer, 


Mr. President. 


Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs— 


Allin, 


Johnson, 


Powles, 


Aimen, 


Lauder, 


Pnrcell, 


Appleton, 


Linwell, 


Pollock, 


Bartlett of Qriggs, 


Lobnes, 


Richardson, 


25 







194 Journal of the Convention, 



BeU, 


Marrinan, 


• 
Robertson, 


Bennett, 


Mathews, 


Bolfe, 


Best, 


MoBride, 


Bo we, 


Garothers, 


Noble, 


Selby, 


Clapp, 


Nomland, 


Shnman, 


Colton, 


O'Brien, 


Slotten, 


DooizlaR, 


Parsons of Rolette, 


Turner, 


Fay, 


Peterson, 


Wallace. 


Haugen, 


Powers, 




Absent and not voting: 




Messrs — 






Bean, 


Mr. Hegge, 


Mr. MoEenzie 


Budge, 






And so the amendment was lost 





Mr. Bartlett of Griggs, moved to amend by striking out the 
words ''and such other business as may be on the Clerk's desk.*' 

Which amendment prevailed, ana the original motion as 
amended being put, prevailed, and the President called Mr. Bolfe 
to the chair. 

When the committee rose the following report was presented: 

Mr. President: 

Vonr Committee of the Whole have had under consideration File Na 132, 
being the report of the Committee on Revenue and Taxation, and reoommend 
that sections 1, 2 and 3 be adopted, and that seotioD 4 be amended by striking 
out the words **land and the improvements thereon shall be separately as- 
sessed," and as so amended it be adopted. 

Also recommend that section 5 be adopted and that section 6 be amended 
by striking out the words '*city and oounty" in the second line, and as so 
amended it be adopted, and also recommend that section 7 be amended by 
striking out the word *'three" in the second line and ''one dollar and fifty 
cents" inserted in lieu thereof and as so amended it be adopted, and also 
recommend that section 8 be stricken out and that section 9 be adopted. 

E.aBoLFa, 

Chairman. 

Mr. Lauder moved that the report of the Committee of th© 

Whole be adopted and referred to the Committee on Revision. 

Which motion prevailed. 

Mr. Lauder moved to adjourn. 

Which motion prevailed and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Wednesday, August 7, 1889. 195 



Wednesday, Aug. 7, 1889. 

The Convention assembled at 2 o'clock p. m. pursuant to adjourn- 
ment 

The Presidont presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members absent being excused. 

The Journal was read, corrected and approved. 

REPORTS OF STANDING CX)MMITT££. 

The committee on apportionment made the following report: 
Mb. Pbesidbnt: 

Your oommittee on Apportioomeut aud Beprefientation have had 
nnder consideration Files Nob. 20, 33, 66 and 106, and respectfully recom- 
mend that they do not pass; and farther report the annexed apportionment 
and representation and recommend that the same be adopted by the Conven- 
tion. 

AbDBBW SIjOTTBN, 

Chairman. 

Until otherwise provided by law the senatorial and representative districts 
shall be formed, and the senators and representatives shall be apportioned as 
foUows: 

First district shall consist of the townships of Walhalla, St Joseph, Neche, 
Pembina, fiath^rate, Carlisle, Joliet, Midland, Lincoln and Drayton, and be 
entitleid to one senator and two representatives. 

Second district shall consist of the townships of St Thomas, Hamilton, 
Cavalier, Akra, Beanlieu, Thingvalla, Gtodar, Park, Crystal, Flosa and 
Lodema, and be entitied to one senator and two representatives. All in the 
ooonly of Pembina. 

Third district shall consist of the townships of Perth, Latona, Adams, 
Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon, Golden, Lamp- 
ton, Eden, Bnshford, Kensin^rton, Dundee, Ops, Prairie Centre, Fertile and 
Glenwood, and be entitled to one senator and two representatives. 

Fourth district shall consist of the townships of Forest Biver, Walsh, 
Center, Grafton, Farmington, Ardoch, Harrison, Oakwood, Martin, W^hville, 
Pulaski, Aokton and St Andrews, and be entitied to one senator and three 
representatives. All in Walsh county. 

Fifth district shall consist of the townships of Gilby , Johnstown, Strabane, 
Wheatfield, Hegton, ArviUa, Avon, Northwood, Lind, Gkace, Larimore and 
the City of Larimore, Elm Grove, Agnes, Inkster, Elkmonnt, Oakwood, Niagara. 
Moraine, Logan and Loretta, and be entitled to one senator and two represen- 
tatives. 

Sixth district shall consist of the Third, Fourth, Fifth and Sixth wards of 
the city of Grand Forks, as now constituted, and the townships of Falconer, 
Harvey, Turtie River, Ferry, Bye, Blooming, Meckinock, Lakeville and Levant, 
and be entitied to one senator and two representatives. 

Seventh district shall consist of the First and Second wards of the city of 
Grand Forks, as now constituted, and the townships of Grand Forks, Brenna, 
Oakville, Chester, Pleasant View, Fairfield, Allendale, Walle, Benton, Ameri- 
cus, Michigan, Union and Washington, and be entitled to one senator and two 
representatives. All in the county of Grand Forks. 

Eighth district shall consist of the county of Traill, and be entitled to one 
aenator and four representatives. 



196 Journal of the Convention, 



Ninth district shall coDsist of the township of Fargo and the city of Far^, 
and be entitled to one senator and two representatives. 

Tenth district shall consist of the townships of Noble, Wiser, Harwood, 
Beed, Barnes, Stanley, Pleasant, Kenyon, Oardner, Berlin, Baymond, Maple- 
ton, Warren, Norman. Elm Biver, Harmony, Durbin. Addison, Davenport, 
Gasselton, and the city of Gasselton, and be entitled to one sena^r and three 
representatives. 

Eleventh district shall consist of the townships jf Webster, Bosh River, 
Hunter, Arthur, Amenia, Everest, Maple Biver, Leonard, Dows, Erie, Empire, 
Wheatland, Gill, Walbur^, Watson, Page, Ayr, Buffalo, Howes, Eldred, High- 
land, Bochester, Lake, Cornell, Tower, Hill, Clifton and Pootiao, and be enti- 
tled to one senator and three representatives. 

Twelfth district shall consist of the county of Biohiand and be entitled to 
one senator and three representatives. 

Thirteenth district shall consist of the county of Sargent and be en- 
titled to one senator and two representatives. 

Fourteenth district shall consist of the county of Bansom and be entitled 
to one senator and two representatives. 

Fifteenth district shall consist of the county of Barnes and be entitled 
to one senator and two representatives. 

Sixteenth district shall consist of the counties of Steele and Griggs and be 
entitled to one senator and two representatives. 

Seventeenth district shall consist of the county of Nelson and be entitled 
to one senator and one representative. 

Eighteenth district shall consist of the county of Cavalier and be entitled 
to one senator and two representatives. 

Nineteenth district shall consist of the counties of Towner and Bolette 
afid be entitled to one senator and one representative. 

Twentieth district shall consist of the counties of Benson and Pierce and 
be entitled to one senator and one representative. 

Twenty-first district shall consist of the county of Bamsey and be entitled 
to one senator and two representatives. 

Twenty-second district shall consist of the counties of Eddy, Foster and 
Wells and be entitled to one senator and two representatives. 

PWenty-third district shall consist of the county of Stutsman and be en- 
titled to one senator and two representatives. 

Twenty-fourth district shall consist of the county of LaMonre and be en- 
titled to one senator and one representative. 

Twenty-fifth district i^all consist of the county of Dickey and be entitled 
to one senator and two representatives. 

Twenty-sixth district shall consist of the counties of Emmons and Mc- 
intosh, Logan and Elidder, and be entitled to one senator and two representa- 
tives. 

Twenty-seventh district shall consist of the county of Burleigh and be en- 
titled to one senator and two representatives. 

Twenty-eighth district shall consist of the counties of Bottineau and Mc- 
Henry and be entitled to one senator and one representative. 

Twenty-ninth district shall consist of the counties of Ward, McLean, and 
all the unorganized counties l3dng north of the MlBSouri river, and be entitled 
to one senator and one representative. • 

Thirtieth district shall consist of the counties of Morton and Oliver, and 
be entitled to one senator and two representatives. 

Thirty-first district shall consist of the counties of Mercer, Stark and Bil- 
lings and all the unorganized counties lying south of the Missouri river, and 
be entitled to one senator and one representative. 

The members of the Committee on Public Institutions ai^d 
Buildings submitted the following minority report: 

Section 1. The Legislative Assembly shall have no power to ohaoge or 
to locate the seat of government of the state, but shall at its first session sub- 
sequent to the admission of the state, provide by law for Hubmitting the qnes- 



Wbdnesdat, Adodst 7, 1889. 



197 



iion of the permanent location of the seat of government to the qaalifled 
electors of the state at the general election then next ensuing, provided^ that 
until the seat of govemment shall have been permanently located as herein 
provided^ the temp orary location thereof shall be at the city of Bismarck. 

Ssa 2. When the seat of govemment i^all have been located as herein 
provided, the location thereof shall not thereafter be changed except by a vote 
of two-thirds of all the qualified electors of the state voting on that question 
at a general election at which the question of location of the seat oi govern- 
ment shall have been submitted by the Legislative Assembly. 

Ssa 8. The Legislative Assembly i^all make no appropriation or expen- 
diture for capitol buildings or grounds until the seat of govemment shall 
have been permanently located as herein provided. All other public institu- 
tions shall be located by the Legislative Assembly at a regular session thereof, 
provided, that no more than one public institution other than those already 
eetablished and maintained by law shall be located at any one session of said 
Legislative Assembly, except as aforesaid. 

M. E. Mabbinan, 
BI09ABP Bbnhbtt, 
John Powbbs. 

SECOND BEADING OF ARTICLES. 

File No. 143 was read the second time. 

Mr. Williams moved that the Convention now proceed to the 
consideration of the minority and majority reports of the CJom- 
mittee on Public Institutions and Buildings. 

Which motion prevailed. 

Mr. Miller moved that the Convention adopt as a whole the 
majority report of the Committee on Public Institutions and 
Buildings, known as File No. 143. 

Mr. Bartlett of Griggs, offered thci following as an amendment 
to the article to be known as section one: 

The followiog artide shall be submitted to a vote as a separate article as 
provided by the schedule. 

Ayes and nays demanded on the amendment 

The roll being called there were aye« 31, nays 43, viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs — 


Messrs — 


Allin, 


Douglas, 


Petersoo, 


Almen, 


Haugen, 


Powers, 


AppletoD, 


Johnson, 


Burcell, 


Bartlett of Qri^gs, 


Linwell, 


Pollock, 


Bean, 


Marrinan, 


Richardson, 


Bell. 


Mathews, 


Robertson, 


Bennett, 


MoBride, 


Selby, 


Best, 


Noble, 


Slotten, 


Bodge, 


Nomland, 


Turner, 


Garothers, 


O'Brien, 


Wallace. 


Golton, 






Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Harris, 


Paulson, 


Blewett, 


Hegge, 
Holmes, 


Powles, 


Brown, 


Roife, 


Gamp, 


Hoyt, 



198 



Journal of ths Oonvbntion, 



Lander, 


Bowe, 


Leaoh, 


Sandager, 


Lohnea, 


SootI;, 


Lowell, 


Shnman, 


Meaoham, 


Spalding. 


MoHngh, 


Stevens, 


McKenzie, 


Wellwood, 


MUler, 


Whipple. 


Moer, 


Williams, 


Parsons oC Mortoo, 


Mr. President. 



Garland, 

Chaffee, 

Olapp, 

Clark, 

Elliott, 

Fay, 

Flemi])gton, 

Gteyton. 

Gliek, 

Gray, 

Griggs, 

Absent and not voting, Mr. Parsons of Bolette. 

And so the amendment was lost. 

Mr. Bean moved to amend section one (1) by striking out in 
lines four and five the words "in such manner as the Legislative 
Assembly may prescribe," and substitute therefor the words "as 
provided in this Constitution." 

Which amendment was lost 

Mr. Johnson moved to amend section 1 by striking out the 
words "Bismarck" in the sixth line and "Burleigh" in the seventh 
line, and inserting in lieu thereof the words "Jamestowon" and 
"Stutsman." 

Ayes and nays demanded on the amendment. 

The roll being called there were ayes 19, nays 55, viz: 

Those who voted in the affirmative were: 



Merars— 


Messrs — 


Messrs — 


Allin, 


Budge, 


Noble, 


Almen, 


Carothers, 


Peterson, 


Appleton, 


Haugen, 


Biohardson, 


Bartlett of Griggs, 


Johnson, 


Robertson, 


Bell, 


Marrinan, 


Turner, 


Bennett, 


Mathews, 


Wallaoe, 


Best, 






Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs — 


Bartlett of Diokey, 


Hegge, 
Holmes, 


Powers, 


Bean, 


Powles, 


Blewett, 


Hoyt, 


Puroell, 


Brown, 


Lauder, 


PoUook, 


Camp, 


Leaoh, 


Bay, 

Bolfo, 


Carland, 


Linwell, 


Chaffee, 


Lohnes, 


Bowe, 


Clapp, 


Lowell, 


Sandager, 


Clark, 


Meaoham, 


Soott, 


Colton, 


MoBride, 


Selby, 


Douglas, 


MoHngh, 


Shuman, 


Elliott, 


MoKenssie, 


Slotten, 


Fay, 


MiUer, 


Spalding, 
Stevens, 


Flemington, 


Moer, 


Gayton, 


NomLand, 


Wellwood, 


GUck, 


O'Brien, 


Whipple. 


Gray, 


Parsons of Morton, 


Wilhams. 


Griggs, 


Paulson, 


Mr. President. 


Hams, 







Wednesday, August 7, 1889. 



199 



Absent and not voting, Mr. Parsons of Bolette. 

And so the amendment was lost. 

Mr. Bean moved the previous question. 
Which motion prevailed, and 

The main question being put, the ayes and nayes were de- 
manded. 

The roll being called there were ayes 44, nays 30, viz: 

Those who voted in the affirmative were: 



Meflsrs— 


Messrs — 


Messrs — 


Bartlett of Diokey, 


Griggs, 


Paulson, 


Bean, 


Hams, 


Powles, 


Blewett, 
Brown, 


Heffge, 
Holmes, 


Bay, 
Bolfe, 


Gamp, 


floyt. 


Bowe, 


Garland, 


Lander, 


Sandager, 


Ghaffee, 


Leaoh, 


Soott, 


Glapp, 


Lohnes, 


Shuman, 


Glark, 


Lowell, 


Spalding, 


EUiott, 


Meacham, 


Stevens, 


Fay, 


MoHogb, 


Wellwood, 


FlemingtoD, 


MoEeDzie, 


Whipple, 


GaytoD, 


Miller, 


Williams. 


Gliok, 


Moer, 


Mr. President. 


Gray, 


Parsons of Morton, 




Those who voted 


in the negative were: 




MeesTs — 


Messrs— 


Messrs — 


AlliTi, 


Donglas, 


Peterson, 


Almeo, 


Haugen, 


Powers, 


Appleton, 


Johnson, 


PuToell, 


Bartlett of Griggs, 


Linwell, 


Pollook, 


BeU, 


Marrinan, 


Biehardison, 


Bennett, 


Mathews, 


Bobertson, 


Best, 


MoBride, 


Selby, 


Budge, 


Noble, 


Slotten, 


Garothers, 


Nomland, 


Turner, 


ColtoD, 


0*Brien, 


Wallace, 



Absent and not voting, Mr. Parsons of Bolette. 

Messrs. Camp, Parsons of Morton, Bolfe, Turner, Williams and 
Mr. President explaining their votes. 

And so the motii n prevailed. 

Mr. McHngh moved that the vote by which File No. 143 was 
^opted be reconsidered, and that the vote to reconsider be laid 
on the table. 

Which motion prevailed. 

Mr. Spalding moved to adjourn, which motion prevailed, and 
"fche convention adjourned. 

EVENING SESSION. 

The Oonvention assembled at 8 o'clock p. m.,pursuant to adjonm- 
^■aoent. 

Mr. Parcell moved that the Convention resolve itself into 



200 Journal of thb Convention, 



Committee of the Whole for the coneideration of the report of the 
Committee on Miscellaneous Subjects and such other business as 
as may be on the Clerk's desk. 
Which motion prevailed, and 
Mr. President called Mr. Camp to the chair. 
Mr. Flemington moved to adjourn. 
Which motion prevailed and the Convention adjourned. 

J. G. Hamilton, 

Chief Clerk. 



Thursday, August 8, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
joummeni 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called. All memoers absent were excused. 

The Journal was read, corrected and approved. 

The report of the Committee of the Whole for August 7th, was 
read as follows: 

When the committee rose the following report was presented: 

Mr. President: 

Year Oommittee of the Whole have had tinder consideration the report of 
the Committee od Miscellaneous Babjects and recommend that File No. S6 be 
amended by striking; out the words "Oeneral Assembly" wherever they oocar 
in the file and inserting in lien thereof the words ^'Legislative Assembly;*' also 
strike out the word ''Legislature" in the sixth line of section one (1) and insert 
in lien thereof the woi^ "Legislative Assembly;" also recommend that ^e 
further consideration of the following proposed substitute for section one be 
indefinitelv i)ostponed: 

It shall be the duty of the (Governor every seven years after the adoption 
of the Constitution to snbmit to the analified voters of the state the following 
question : "Shall a Convention be called to reWse the Constitution?*' 

If it shall appear that the sense of the people has been taken, and that in 
the opinion of a majority of the qualified voters in the state, voting at said 
election, there is a necessity for a revision of the Constitution, it shall be the 
duty of the Qovemor to call a Convention for that puri)ose. 

The delegates to be chosen in the same manner and proportioned as the 
members of the house of representatives in the Legislative Assembly ;providing 
that no amendment *shall be made to this Constitution before the same shall 
be submitted to the people. 

Also recommend that the further consideration of the following pro- 
posed amendment to section one (1) be indefinitely poeti)oned: In lines three 
and ten strike out the words "a majority," and insert the words "three-fiftha." 

Also recommend that section one (1) be adopted as amended. 

Also recommend that section two (2) be adopted. 

The Committee have also considered File No. 59 and recommend that Sec- 
tion one (1) be amended so as to read: "The name of this state shall be North 
Dakota," and that as so amended the Section be adopted. 

Also recommend that Section two (2) be adopted. 

The Committee have also considered File No. 86, and the recommenda- 
tions of the Committee on Miscellaneous Subjects thereon, and reoommend 



Thursday, August 8, 1889. 201 



that Section one (1) be amended by adding at the close thereof the following: 

'* This Section shall not be construed to prevent liens against the home- 
stead for labor done and materials famished in the improvement thereof, in 
each manner as shall be prescribed b^ law." 

And that as so amended the Section be adopted. 

Also, recommend that the report of the committee as to sections two (2), 
three (3) and fonr (4) be adopted. 

The committee have also considered File No. 141 and recommend that it be 
adopted. 

The committee have also considered File No. 142 and recommend that it 
be amended in the eighth Une by making the words '*now and forever*' precede 
the words "one and inseparable." And that as so amended it be adopted. 

The committee have also considered File No.' 92 and recommend it be 
amended by stnking out the word '^Legislature*' in the first line and sub- 
Btitating therefor the words '^Legislative Assembly;" also that the following 
be added after the word ''ability** in line eight, the words "so help me Gk)d." 

The committee have also considered File No. 72 and riHsommend that sec- 
tion one (1) be amended by striking out the word "fifteen" in line one and in- 
eerting therefor the word "twelve" and that as so amended it be adopted. 

The committee reports progress apd asks leave to sit again. 

Edgar W. Camp, 

Ohairman. 

Mr. Wallace moved that the report of the Committee of the 
Whole be adopted and that it be referred to the Committe on 
Revision and Adjustment. 

Which motion prevailed. 

REPORTS OP STANDING COMMITTEES. 

Mb. Pbesidbnt: 

Tour Committee on Accounts and Expenses respectfully report that owing 
to the absence of the Secretary of the Territory, it will not be possible to re- 
port to the Convention an article covering the expenses to be paid by the state 
of North Dakota. We understand that a proportion of the per diem to be 
paid to the members and officers of the convention must be assumed by the 
state, but how much is an unknown quantity until the Secretary of the 
"Territory reports to the committee. 

O. Q. Mbaoham, 
Chairman. 

iTour Committee on School and Other Public Lands to whom 
Pile No. 130 was referred for reconsideration report as follows: 

In section 1, line 12, strike out the words *^hioh may in any manner oc- 
^3nr/' In sec. 4, line 2, after the word "state" insert the words "State Auditor.'* 
Hn line 4, strike out the word "commissioners.*' 

In sec. 5, line 4, strike out the word "commissioners.** 
In Section seven, line 12, we recommend that the words "that shall in any 
manner ooonr" be stricken out and the word "therefrom" be changed to "there- 
of." 

Also recommend that the following amendment be added after the 
last word of Section (10), viz: "Or in first mortgages, on farms, lands, in this 
^tate, not exceeding in amount one-third of the actual value of any subdivis- 
iion on which the same may be loaned, such value to be determined by the 
Isoard of appraisal." 

Also recommend that in section 13, line 4, all after the word "them" be 
stricken out and the following be substituted therefor: "No officer shall de- 
posit any of said moneys or funds in any bank in his own name or otherwise 
^ban in the name of the state of North Dakota. 

H. M. CliARK, 

Ohairman. 



i 



26 



202 Journal. OF the Convention, 



SECOND READING OF ARTICLES. 

File No. 145 was read the second time. 

Mr. Parsons, of Morton, moved that File No. 144, being the re- 
port of the Committee on Apportionment, be adopted, 

Mr. Wallace moved as an amendment that the name of the 
counties be mentioned in the report and that where the same is 
not mentioned it be inserted 

Which amendment prevailed. 

Mr. Johnson moved to amend File No 144 that each district 
shall commence as follows: "The district shall consist of." 

Which amendment was adopted. 

Mr. Mathews moved as a substitute, that the Convention pro- 
ceed to consider the file section by section. 

Which motion was lost. 

The original motion of Mr. Parson of Morton was fMiopted. 

Mr. Camp moved that the Article recommended by the Com- 
mittee on Equitable Division of the Territorial Property and In- 
debtedness to become a part of the schedule, and printed on page 
six of this report, be read the second time. 

Which motion prevailed and the Article was read the second 
time. 

Mr. Camp moved that the Convention resolve itself into Com- 
mittee of the Whole for the consideration of any business upon 
the Clerk's table. 

Which motion prevailed, 

And the President called Mr. Harris to the Chair. 

Mr. Camp moved to adjourn. 

Which motion prevailed. 

EVENING SESSION. 

The Convention assembled at 8 o'clock p. m. pursuant to ad- 
journment. 

Mr. Lauder moved that the report of the Committee of the 
Whole be adopted. 

Mr. Wallace moved to amend by adopting the report, except so 
far as refers to section 13 of File 130. 

Which amendment was adopted and the original motion as 
amended prevailed. 

The report of the Committee of the Whole of August 8th, after- 
noon session, was read as follows: 

Mb. Pbesident: 

Your Ck>mmitt;ee of the Whole have had nnder ooDBiderati<ni File 
No. 145, being the article reported by the Oommittee on Eauitable 
Division of Territorial Property and Indebtedness, and recommend that the 
article be adopted and referred to the Oommittee on Revision and Adjustment. 

Your committee have also had under consideration that part of the Hgre^ 
ment of the same oommittee which relates to the division of the arcbivee, 
records and books, and recommend that the saqie be adopted. 

Also, recommend the adoption of the following recommendations of the 
Joint Committee: 



Thursday, August 8, 1889. 203 



Should ibe ooauties oontaioing land whioli form a part of .the ^rant of 
lands made by oongress to the Northern Pacific Railroad company be com- 
pelled by law to refund moneys paid for saoh|lands, or any of them by pur- 
chHsers thereof, at tax sales thereof based upon taxes illegBlly levied upon 
said land^, then and in that case the state of North Dakota sbtUl appropriate 
the sum of $25,000, or so much thereof as may be necessary to reimburse said 
counties pro rata, for the amount so received from said ille^ral tax sales and 
paid by said counties into the treasurv of Dakota Territory. 

We further recommend that the shorthand not«^ of the proceediuf^ of the 
said Joint Commission be transcribed and printed with the debates of the Con- 
vention, inasmuch as, so far as the committee is informed, said Joint Com- 
mission is the first body of the kind ever convened. 

Your committee have also had under consideration Files No. 130 and 138, 
being the reports of the Committee ou School and Other Public Lands, and 
recommend that the words **wbich may in any manner occur'* be stricken out 
of line twelve of section one (1) of File No. 130 and that as so amended the sec- 
tion be adopted. 

Also recommend that sections two (2) and three (3) of File No. 130 be 
adopted. 

Also recommend that section four (4) be amended by inserting in line two 
the words *^and state auditor"; also in liue four strike out the word ^^conunission- 
ers'*; and that as so amended the section be adopted. 

Also recommend that Section five (5) be amended by striking out in line 
four the word "commissioners." Also strike out the period (.) and word '*they" 
in line six and insert therefor the word "and;" and strike out the words "take 
care" and the word "to" in line seven; also strike out the letter "s" from the 
word "boards" in line two; and that as so amended the section be adopted. 

Also recommend that Section six (6) be amended by adding at the end of 
the section, as it appears in the printed bill, the following: 

** Provided, That all lands contracted to be sold by the state shall be sub- 
ject to taxation from date of such contract. In case the taxes assessed against 
any of said lands for any year, remain unpaid until the first Monday in Octo- 
ber of ^e following year, there and thereupon the contract of sale for such 
land shall become null and void." 

Also strike out the words "hundred and sixty acres" and insert in lieu 
thereof the words "quarter section;" and that as so amended the section be 
adopted. 

Also recommend that section seven be amended as follows; Strike out in 
lines twelve and thirteen the words "that shall in any manner occur;" also m 
line twelve strike out the word "therefrom," and insert therefor the word 
^*thereof * and that as so amended the section be adopted. 

Also recommend that section eight (8) of File No. 130 be adopted. 

Also recommend Uiat section nine (9) of File No. 130 be stricken out and 
section nine of File No. 138 be substituted therefor. 

Also recommend that Section ten (10) of File No. 130, be amended by add- 

dng thereto the following: "Or in first mortgages on farm lands in the state not 

exceeding in amount one-third of the actual value of any subdivision on which 

"tte same may be loaned, such v^ue to be determined by the Board of Ap- 

X^ndsal and School Lands," and that as so amended the section be approved. 

Also recommend that Sections eleven (11) and twelve (12) be approved. 

Also recommend that Section thirteen (13) be amended by striking out all 
•^Bifter the word "them" in line four and substituting therefor the following: 
'"^'No officer shall deposit any of said moneys or funds in any bank in his own 
or otherwise than in the name of the State of North Dakota," and that as 
amended the section be adopted. 

Habvey Habbis, 
Chairman. 

Mr. Parsons of Morton, presented the following resolution and 

ioved its adoption: 

Resolved, That the Committee on Revision and Adjustment be instructed 
report the following as section 18 of the report of the Committee on Corpo- 




\ 



204 



Journal of thb Convention, 



ratioDB other ^han MuDicipal, and that the same become a part of the article on 
corporation. 

Sbotion 1. Whenever a difference shall arise between any corporation 
other than monicipal and its employes or an industrial society incorporated 
under the laws of the state, any of whose members are employes of such cor- 
poration, if the diea^eement cannot be adjusted by conference, it shall be sub- 
mitted to arbitration under such rules as may be prescribed by law. 

Mr. fiartlett of Griggs moved that the resolation be laid on the 

table. 

Ayes any nays were demanded'. 

The roll being called there were ayes S9, nays 31. 

Those who voted in the affirmative were: 



Messrs— 


Messrs— 


Messrs — 


Alh'n, 


Clapp, 


McBride, 


Almen, 


Colton, 


Noble, 


Appleton, 


Douglas, 


Nomland, 


Bartlett, of Dickey, 


EUiott, 


O'Brien, 


Bartlettof Qriggs, 


Gteyton, 


Paulson, 


Bean, 


HeRge, 


Peterson, 


Bell, 


Holmes, 


Powers, 


Bennett, 


Johnson, 


PurceU, 


Blewett, 


Leach, 


Pollock, 


Brown, 


Linwell, 


Robertson, 


Garland, 


Marrinan, 


Scott, 


Carothers, 


Mathews, 


Selby, 


Chaffee, 


Meacham, 


Whipple. 


Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs— 


Camp, 


McHugh, 


Sandager, 


Clark, 


McKenzie, 


Shuman, 


Fay, 


Miller, 


Slotten, 


Flemington, 


Moer, 


Spalding, 


Glick, 


Parsons of Morton, 


Stevens, 


Harris, 


Parsons of Bolette, 


Turner, 


Haugen, 


Powles, 


Wallace, 


Hoyt, 


Ray, 
Bolfe, 


Wellwood, 


Lauder, 


Williams, 


liohnee. 


Rowe, 


Mr. President. 


Lowell, 






Absent and not voting — 




Messrs- 
Best, 


Messrs- 
Gray, 


Mr. Richardson. 



Budge, Griggs, 

And so the motion to lay on the table prevailed. 

Mr. Lander introduced the following resolution and moved its 
adoption: 

Resolved^ That the Committee on Revision and Adjustment be requested 
to report the following as a section of the article on incorporations other than 
municipal: Laws shall be passed by the Legislative Assembly providing for the 
amicable settlement of difference between employers and their employes by ar- 
bitration. 

Mr. Stevens moved that the resolution be laid on the table. 

Ayes and nays demanded. 

The roll being called there were ayes 39; nays 30. 



Thursday, August 8, 1889. 



205 



who voted 


in the affirmative were: 






Messrs — 


Messrs— 




Flemington, 


Noble, 




Gay ton. 


Nomland, 


a, 


Griggs, 


O'Brien, 


of Griggs, 


Hegge, 


Parsons, of Rolette. 




Holmes, 


Paulson, 


1 


Johnson, 


Peterson, 




Leach, 


Puroftll, 




Lin well, 


Pollock, 


1 


Marrinuu, 


i^udager, 


rs, 


Mathews, 


Hoott, 




Meacham, 


Selby, 




McBride, 


Stevens, 




MoHugh, 


Whipple. 


who voted 


in the negative were: 






Messrs- 


Messrs— 


of Dickey, 


Lowell, 


Rowe, 




McKenzie, 


Shuman, 




Miller, 


31otten, 




Moer, 


Spalding, 




Parsons, of Morton, 


Turner, 




Powers, 


Wallace, 




Powies, 


Wellwood, 




Ray, 


Williams, 




Robertson, 


Mr. President. 




Rolfe, 




absent and not voting were : 






Messrs- 


Messrs— 




Badge, 


Lohnes, 




Douglass, 


Richardson. 


) the resolution was laid on the table. 


irsons of Morton, introduced the following resolution: 


jed. That the following be reported to the BeviBion and Adjastment 


) with the re(|aest that the same be reported as adopted as an article 


of the Constitution. 




wing streams and water ways shaU forever remain the property of 



imp moved that the rules be suspended and the resolution 
he first and second times. 

motion prevailed. 

cHugh moved that when the Convention adjouan it take 
until Wednesday, August 14th. 

lemington moved to amend by substituting Tuesday, 
.3th for Wednesday, August 14th, which amendment Mr. 

accepted, 
auder moved to amend by substituting August 24th for 

August 13th. 
/^allace moved as a substitute that when the Convention 
it take a recess until Wednesday, August 14th, at 2 o'clock 

ch amendment was lost. 

uendment of Mr. Lauder was lost, and the original mo- 

'ailed. 



204 



Journal of the Convention, 



ratioDB other than Municipal, and that the same become a part of the article on 
corporation. 

Hbotion 1. Whenever a difference shall arise between any corporation 
other than municipal and its employes or an industrial society incorporated 
under the laws of the state, any of whose members are employes of such cor- 
poration, if the disagreement cannot be adjusted by conference, it shall be sub- 
mitted to arbitration under such rules as may be prescnbed by law. 

Mr. fiartlett of Griggs moved that the resolation be laid on the 

table. 

Ayes any nays were demanded' 

The roll being called there were ayes i39, nays 31. 

Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs — 


Allin, 


Clapp, 


McBride, 


Almen, 


Colton, 


Noble, 


Appleton, 


Douglas, 


Nomland, 


Bartlett, of Dickey, 


Elliott, 


O'Brien, 


Bartlett of Qriggs, 


Qayton, 


Paulson, 


Bean, 


Hegge, 


Peterson, 


Bell, 


Holmes, 


Powers, 


Bennett, 


Johnson, 


Puroell, 


Blewett, 


Leach, 


Pollock, 


Brown, 


Linwell, 


Robertson, 


Carland, 


Marrinan, 


Scott, 


Carothers, 


Mathews, 


Selby, 


Chaffee, 


Meacham, 


Whipple. 


Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs— 


Camp, 
Clark, 


McHugh, 


Sandager, 


McKenzie, 


Shuman, 


Fay. 


Miller, 


Slotten, 


l^'lemington, 


Moer, 


Spalding, 


Gliok, 


Parsons of Morton, 


Stevens, 


Harris, 


Parsons of Rolette, 


Turner, 


Haugen, 


Powles, 


Wallace, 


Hoyt, 


Ray, 


Wellwood, 


Lauder, 


Rolfe, 


Williams, 


Lohnes, 


Rowe, 


Mr. President. 


Lowell, 






Absent and not voting — 




Messrs — 


Messrs- 




Best. 


Gray, 


Mr. Richardson. 



Budge, Griggs, 

And so the motion to lay on the table prevailed. 

Mr. Lander introduced the following resolution and moved its 
adoption: 

Resolvedf That the Committee on Revision and Adjustment be requested 
to report the following as a section of the article on incorporations other than 
municipal: Laws shall be passed by the Legislative Assembly providing for the 
amicable settlement of difference between employers and their employes by ar- 
bitration- 
Mr. Stevens moved that the resolution be laid on the table. 
Ayes and nays demanded. 
The roll being called there were ayes 39; nays 30. 



Thubsdat, August 8, 1889. 



205 



Those who voted 


in the affirmative were: 




Meesrs — 


Messrs— 


Messrs- 


AlHn, 


Flemington, 


Noble, 


Almeii, 


Gayton, 


Nomland, 


AppletoD, 


Griggs, 


O'Brien, 


Bartlett, of Griggs, 


Hegge, 
Holmes, 


Parsons, of Rolette. 


Bean, 


Paulson, 


Bennett, 


JohDson, 


Peterson, 


Brown, 


Leaoh, 


Puroell, 


Camp, 


Linwell, 


Pollock, 


Garland, 


Marrinan, 


Sandager, 


Carothers, 


Mathews, 


Scott, 


GhafPee, 


Meaeham, 


Selby, 


Golton, 


McBride, 


Stevens, 


Rlliott, 


MoHugh, 


Whipple. 


Those who voted 


in the negative were: 




Messrs— 


Messrs- 


Messrs— 


Bartlett, of Dickey, 


Lowell, 


Rowe, 


Blewett, 


AfcEenssie, 


Shuman, 


Glapp, 


Miller, 


Slotten, 


Clark, 


Moer, 


Spalding, 


Gliok, 


Parsons, of Morton, 


Turner, 


Gray, 


Powers, 


Wallace, 


Harris, 


Powles, 


Wellwood, 


Hangen, 


Ray, 


Williams, 


Hoyt, 


Robertson, 


Mr. President. 


liander, 


Rolfe, 




Those absent and not voting were: 




Messrs — 


Messrs — 


Messrs— 


Bell, 


Budge, 


Lohnes, 


Best, 


Douglass, 


Richardson. 



And so the resolution was laid on the table. 

Mr. Parsons of Morton, introduced the following resolution: 
Renolvedy That the following be reported to the Revision and Adjustment 
Committee with the rec^nest that the same be reported as adopted as an article 
or section of the Constitution. 

All flowing streams and water ways shall forever remain the property of 
the state. 

Mr. Camp moved that the rules be suspended and the resolution 
be read the first and second times. 

Which motion prevailed. 

Mr. McHugh moved that when the Conventicm adjouan it take 
a recess until Wednesday, August 14th. 

Mr. Flemington moved to amend by substituting Tuesday, 
August 13th for Wednesday, August 14th, which amendment Mr. 
McHugh accepted. 

Mr. Lauder moved to amend by substituting August 24th for 
Tuesday, Aug^t 13th. 

Mr. Wallace moved as a substitute that when the Convention 
adjourn it take a recess until Wednesday, August 14th, at 2 o'clock 
p. m^ 

Which amendment was lost. 

The amendment of Mr. Lauder was lost, and the original mo- 
tion prevailed. 



206 Journal of the Convention, 



Mr. Camp moved that the resolution relating to the water ways 
be referred to the Committee on Bevision and Adjustment. 
Which motion prevailed. 

Mr. McHu^h moved to adjourn. 

Which motion was lost 

Mr. Camp moved that the chairman of the Committee on 
Schedule be required to hand in his report to the chairman of the 
Committee on xievision and Adjustment to-morrow at 9 o'clock 
a. m. 

Which motion prevailed. 

Mr. Moer moved the previous question. 

Which motion prevailed. 

And the main question being put prevailed. 

Mr. Selby moved to adjourn. 

Which motion was lost. 

Mr. Appleton presented the following resolution, and moved 
its adoption: 

Resolved, That the Committee on Bevimon and Adjostment be requested 
to report the following as an article of the Gonstitntion: 

The State Treaaurer shall invest all funds that may oome into his hands as 
suoh treasurer belonging to the State of North Dakota m Government bonds, ex- 
cept the sum of fifty thousand dollars. All interest collected from said bonds 
to go to the state, and shall sell said bonds whenever the' funds shall be 
needed. 

Mr. Williams moved to adjourn. 
Which motion was lost 

Mr. Wallace moved that Section 13 of File 130 as printed be 
adopted and referred to the Committee on Bevision and Adjust- 
ment 

Which motion prevailed. ^ 

Mr. McHugh moved that the further consideration of the reso- 
lution be indefinitely postponed. 
Mr. Williams moved to adjourn. 
Which motion prevailed^and the Convention adjourned. 

J. G. Hamilton, 
Chief Clerk. 



t.M 



Tuesday, August 13, 1889. 207 



Tuesday, Aug. 13, 1889. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
jourment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members absent were excused. 

The Journal was read corrected and approved. 

Mr. Stevens moved that the following named persons, citizens 
of Ransom county be extended the privilege of the floor: 

Messrs. W. D. Brown, E. S. Wisner, A. D. Lucas, C. W. Buttz, 
Col. C. E. TuUer, J. Brohof, J. S. Cole, C. B. Wisner, P. H. 
Bourke, J. M. Allen, H. B. Hendricks, G. W. Fowler, R. S. San- 
bom, N. B. Haumen, C. W. Sprague, Dr. C. W. McBride, Dr. J. 
H. Johnson, J. S. Murphy, Frank Grange, A. G. Evens, Ed. Pierce 
Scott, N. Sanford, S. Robinson, E. Gilbertson, E. Noyes, E. C. 
Brunsn. 

Mr. Moer moved as an amendment that the privileges of the floor 
be extended to all citizens of North Dakota. 

Which motion prevailed, 

PETITIONS, OOMMUNIGATIONS, ETC. 

The following telegram was read: 

BoiSB GiTT, Idaho, Aug. 8, 1889. 

To the President of the Constitutional Convention : 

The Idaho Constitati^nal Convention beforq adjournment orders its oon- 
grainlations to be sent to the Constitutional Convention of Washinfffcon, Mon- 
tana and North and South Dakota, at the projyrrees the people of the entire 
Northwest are making toward early statehood. Idaho is now prepared to pre- 
sent itself before congress simultaneously with its sister territories and ask for 
admission into the union of states, being fully able to support a state govern- 
ment and possessed of unlimited natural resources, we ask for your friendly 
assistance and co-operation in obtaining a speedy release from territorial de- 
pendence. 

Geoboe L. Shoup, Governor. 
W. H. CiAGBTT, President. 

Mr. Miller moved that the President be instructed to answer 

the message. 

Which motion prevailed. 

Grand Fobks, August 8. 

To the President of the Constitutional Convention: 

Kindly inform the Constitutional Convention that the power to locate the 
public institutions for the new State of North Dakota, has never been dele- 



208 Journal of the Convention, 



gated and still remains with the people at large. Shonld the Constitutional 
Convention farm them oat and sabmit the **job" with, and as a part of the 
Constitution, the people cannot look upon it other than as an application of 
gag law, to take from them rights and privileges under the penals of remain- 
ing in territorial bondage. We believe that the territory will prefer that the 
birth of the new state be indefinitely postponed, rather that it be bom under 
and by virtue of a Constitution reeking with jobbery. Grand Forks county 
has forty-five hundred votes, fifty public speakers and $25,000 to assist in 
maintaining the rights of the people and the fair fame of the new state. If 
we cannot start right we prefer not to start at all. 

The Qrand Fobks Business Men*s Association. 

Gband Fobks, N. D., Aug. 8, 1889. 

To the President of the Constitutional Convention : 

Please advise the Constitutional Convention that the people of Grand Forks 
county expect the privilege of voting on a CouHtitution pure and simple. If 
the Constitution be encumbered with jobs and schemes in such a manner 
that we must ratify them or reject the Constitution we prefer personal and pub- 
lic inconvenience to public disgrace. S. S. Titus, aad 112 others. 

Gband Fobks, N. D,'Aug. 13. 

To tlie President of the Constitutional Convention: 

A mass convention here to-night adopted the following: 
Whbbbas the Constitutional Convention now in session at Bismarck has 
adopted by a majority vote thereof an article providing for the permanent loca- 
tion of public institutions which it is proposed to submit with and as a part of 
the Constitution in such a manner that the people must either vote to endorse 
these matters not germain to the constitution proper, or to vote against the 
Constitution and in favor of the continuation of our present territorial form 
of government Therefore, be it 

Resolved^ By the citizens of Grand Forks county in mass meeting assem- 
bled that we most earnestly and emphatically protest against the insertion of 
any such provision in the body of the Constitution as being subversive of the 
rights of the people; we demand the privilege jf voting on the Constitution 
pure and simple, contaimng only such fundamental principles as may be neces- 
sary basis for a state government. We look with alarm upon the propensity 
exhibited to interpolate legislative questions which do not directly benefit the 
whole people. The people of North Dakota have struggled too earnestly and 
too long for the privilege of citizenship under the National government to now 
make their admission dependent upon their willingness to endorse matter . 
foreign to the Constitution proper. If questions purely legislative must be 
submitted, let them be submitted separately in order that ttie people may voice 
their sentiments withont involving the Constitution proper. Fnnher, be it 

Resolxfed^ Tbat we desire our representatives at the ConstitutioTial Conven- 
tion together with representatives from the other counties to use all their com- 
bined efforts to keep out of the Constitution all matters pertaining to the 
locating of public buildings and all other matters foreign to a Constitution. 
D. McDonald, W. J. Mubphy, 

Secretary. Chairman. 

Casselton, N. D., Aug. 12. 

To the President of the Constitutional Convention: 

Please inform the convention that at a public mass meeting held here to- 
night at which three-fourths of the voters of the city were present and partici- 
pated, it was unanimously resolved as the sense of the meeting that in case the 
location of the public institutions shonld be incorporated in the Constitution 
that all honorable means will be used to defeat it at the polls. 

R. D. Glasgow, Chairman. 

F. H. Cabtbb, Secretary. 



Tuesday. August 13, 1889. 209 



Jamestown, August 8. 

To the President of the Constitutional Convention : 

Please aooept con^ratalations on seonriDg location of Feeble fdiDded Asy- 
lam at Jamestown. This Institution is uiiqnestionably the most important 
and desirable of any assi^ed by the Convention, and cJamestown has reason 
to be /^rrateful, and time will prove its wise judgement of her delegates in this 
selection. O. W. Archibald. 

ABEBCROMBns PofiT, No. 79, G. A. R ) 
Lisbon, N. D., August 10, 1883. J 

To the President of the Constitutional Convention.- 

I, R. M. Davis, Commander of Abercrombie Post, No. 79 G. A. R., of Lis- 
bon, N. D., do hereby certify that the following Resolution was introduced by 
Comrade, Major C. W. Buttz, and was on his motion on the night of August 
10, 1889, unanimously adopted: 

Resolved, That we fully appreciate the efforts made and the results accom- 
plished by the Hon. R. N. Stevens and the Hon. Andrew Sandager, Ransom 
County's delegates in the Constiutitonal Convention of North Dakota, in 
Becuring the location of the Soldiers Home at Lisbon; 

Resolved, That we believe it now becomes the duty of all persons and par- 
ties to co-operate and work together to secure the building of the Home, because 
it will not only benefit the deserving soldiers, but will be a help and credit to 
the State and Ransom County, and more especially Lisbon ; 

Resolved, That it now becomes the duty of the voters of Ransom County 
to send such persons to the Legislature of our new State, as will use every 
proper means to secure the building of the Soldiers Home; 

Resolved, Further, that we hereby tender to Messrs. Stevens and Sanda- 
ger the best wishes and thanks of our Post, and believe that we express the 
feelings of all soldiers and our citizens generally in doing so; 

Resolved, Further, that a copy of the resolutions be forwarded to the 
President of saiil Convention, with request that the same be read to the Con- 
vention, and copies be also forwarded to Messrs. Stevens and Sandager. 

Geobgb L. Forward, Adjutant, 

R. M. Davis, Commander. 

Lisbon, N. D., Aug. 12, 1889. 
To the President of the Constitutional Convention : 

At a public mass meeting held on the 12th day of August, 1889, in the 
City of Lisbon, N. D., the foUowing resolutions were unanimously adopted: 

Resolved, That we, the people of Ransom county, do fully appreciate the 
efforts of the Committee on Public Listitutions, appointed by President Fan- 
cher of the Constitutional Convention, and 

Resolved, That we favor and approve the action taken by the Committee of 
the Whole, in the passage of the report of the said committee. 

Resolved, That it is to the best interest and future peace and stability of 
onr new state and the welfare and success of its public institutions, that the 
location of the same should be permanently settled now and for all time to 
come, thereby removing from our political horizon .what would almost be a 
serious bone of contention so long as the question remains unsettled, and 
seriously impede and clogg the wheels of legislatui-es and much needed 
legislation. 

Resolved, That as a people we consider it our duty to co-operate with our 
delegates the Hon. R N. Stevens and Hon. Andrew Sandager in every just and 
honorable manner in securing the final passage of said bill to locate the public 
institutions. 

Resolved, That Ransom county verify and ratify the above resolutions by 
casting her independent ballot, 2000 strong, for the adoption of this report. 

Resolved, That a copy of these resolutions be sent, by committee, to 

27 



210 Journal of the Convention, 



Preeident Fanclier and also to' Bansom county's delegates at the Conyention 
in session at Bismarck, N. D. E. O. Luoas, 

B. J. Adams, 
E. J. Btman, 
H. A. Groveb, 
P. D. APiiiN, 

Committee. 

Lisbon, N. D., Aur. 12, 1889. 
To tlw President of the Constitutional Convention: 

At a special meeting of the City Council of the city of Lisbom, N. D., held 
on the 12th day of August, 1889, the following resolutions were unanimoasly 
adopted: 

Whebeas, The Constitutional Convention, in its wise judgment, saw fit 
to locate the public institutions for the coming State of North Dakota, thereby 
forever putting an end to the uncertainties and very expensive actions of fntnre 
Legislatures in the premises, therefor, be it 

Resolved^ That we hereby endorse the action of the Constitutional Con- 
vention in locating the public institutions for the new State of North Da- 
kota- 

Resolved. That we hereby extend our hearty thanks to the Constitutional 
Convention for the magnificent gift of a Soldiers' Home to be located in the 
city of Lisbon, and that we pledge the matter our hearty support. 

Resolved, That we hereby commend the actions of our delegates, Messrs, 
Stevens and Sandager, for the part they may have taken in the matter. 

Resolved^ That these resolutions be sent to Bismarck by committee. 

W. J. Hughes, W. D, Pai^mbtin, 

City Auditor pro tem. President of Council. 

Casselton, Aug. 13, 1889. 

To the President of the Constitutional Convention: 

Say that the sentiment here is not by any means unanimous. ' Many of our 
people are in favor of leaving matters as to location of public institutions as 
the Convention has fixed them. The disturbance is purely local and hinges 
on the Agricultural college. Cass county will give a rousing majoritv for Con- 
stitution, with the location feature left in. If the Agriculturai college had 
been located here there would not have been the ghost of a kick. So you see 
it is not a matter of principle, but of local interest. The adoption of the Con- 
stitution will not be in the least endangered by locating capital and state insti- 
tutions, for it will remove a source of evil and corruption from the Legislature. 
There is more Chinese gong and tom tom about this opposition than there 
is of real hostility about this opposition. • I have talked with leading men and 
know how they feel. There is not a bit of opposition to Bismarck as the capi- 
tal. It is all against Fargo having the Agricultural college and there are two 
hundreil votes here and sixteen hundred in Fargo. 

W. C. PliUMMBB. 

MiNTo, N. D., Aug. 11, 1889. 
To the President of the Constitutional Convention : 

We, the undersigned Committee appointed by the mass meeting of the 
city of Minto, Walsh cx)unty. North Dakota, held on the 10th day of August, 
1889, would respectfully submit the following: 

Whereas, We consider that the Coostilutional Convention has exceeded 
its authority in locating the state institutions and in allotting state lands; 
that they were not chosen for that purpose, but that the State Legislature, 
which is to convene next Deceml>er, should have the authority of locating our 
State Institutions and the disiwsitiou of our public lands under the act of 
Congress creating the State of North Dakota, approved Februaiy 22d, 188), 
and that our delegates were sent to form a Constitution tliat will insure ub jus- 
tice, domestic tranquility and promote the genenil welfare of our new state, 



Tuesday, August 13, 1889. 211 



aud that when the Goustitntion is framed their labors are ended and they have 
DO authority to interfere with out state institutions or officers. Therefore, 

Resolved^ That we heartily endorse the course taken by all the delegates 
of Walsh county, and the action of the noble thirty who championed the peo- 
ple's rights, and that when they Voted "no" on File No. 143, reported article 
proposing to permanently locate public institutions and buildings, they voiced 
the real sentiments of the citizens of Walsh county. 

Jit'solved, That ^ve respectfully request you to reconsider all action in re- 
gBvd to the liforc^said article and vote it down at its third reading?. 

Resolved, That we will do all in our power next October to defeat the Con- 
stitution by at least 4,000 majority in Walsh county, if it contains the obnox 
ions article having for its object the locating of the state institutions of North 
Dakota. 

E. E. Daily, 
Jno. R Yobt, 
Jambs Twomley, 

W. G. MlTCHEIili, 

G. H. MgPhebsen, 
(Committee. 

CASSEIiTON, August 12. 

To Delegates R, M, Pollock and H, M, Peterson : 

GsNTiiEMEN: We, the undersigned, qualified voters of the city of Gas- 
selton, heartily approve your course in challenging the right of the Constitu- 
tional Convention to locate the public institutions of North Dakota. We pro- 
test against the usurpation of powers that belong to the Legislature, and con- 
denm the exercise of such arbitrary and unwarranted authority as will arouse 
the indignation of the people and make the adoption of the Constitution a 
matter of great uncertainty. 

R D. Glasgow and 115 Othebs. 

Pabk RrvEB, Aug. 10, 1889. 

To the President of the Constitutional Convention: 

Whereas, The Constitutional Convention of North Dakota now in session 
in the city of Bismarck, have adopted File No.l48, providing for the permanent 
location of the public institutions of the state, and parcelling out the public 
lands to the same: Therefore, be it 

Resolved^ By the citizens of western Walsh county, regardless of politics, 
assembled at Park River, this 10th day of August, 1889, in mass Convention ; 
that we do most emphatically protest against the provisions of File No. 143, as 
a usurpation on the Legislative rights of the people, and without a precedent 
in the history of our country; 

That we demand the right to vote upon a Constitution embodying only 
such fundamental principals as may be necessary to form the basis of a state 
government; 

That if such matters, foreign to a Constitution proper, as are embodied in 
File No. 143, must be submitted tc the people of North Dakota at this time, we 
demand that they be submitted as a seperate clause, the rejection of which will 
not endanger the body of the Constitution itself. 

Further, believing the miniority report of the Conmiittee on Public Li- 
stitutions aud Buildings embodied in File No. 146 to be eminently proper and 
just, we most earnestly petition the Constitutional Convention to reconsider 
their action on their reports; and we still further pledge our votes and influence 
in October next in accordance with these resolutions. 

J. M. MiLLBPAUGH, 

W. H. Douglas, 

H. H. HOSFORD, 

Committe, and 127 others. 



212 Journal op the Convention, 



SHBIiDON, Aug. 10, 1889. 
To the President of the Constitutional Convention : 

At a mass meetiDj? of the citizens of the Town of Bheldon, at the school 
house in said town assembled this 10th day of August, A. D. 1889, the follow- 
ing resolution was unanimously adopted: 

Resolved, That the report of the Committee on Public Institutions in favor 
of the location of the Soldiers' Home at Lisbon, Ransom county, with a grant 
of 40,000 acres of land, be and the same hereby is heartily ratified and en- 
dorsed, and the delegates to the Constitutional convention from the 

district are earnestly requested to vote in favor of the same and to use every 
legitimate means and exert every proper influence to secure the approval and 
adoption of said report by the Convention. 

Mabion Gbange p. M., and 33 others. 

Mr. Scott moved that the further reading of these petitions, pro- 
tests and communications be postponed and that they be referred 
to a committee to be appointed by the chair. 

Which motion was withdrawn. 

Babnes County, August 10, 1889. 

To the President of the Constitutional Convention : 

The citizens of Barnes county warmly approve of the action of your Con- 
vention in locating the {)ublic institutions of the State of North Dakota. They 
believe that no act of this Convention should be more commended that this. 
They believe it insures permanency and stability, and means a saving of many 
thousand dollars to the State of North Dakota. 

John Andbbson and 43 others. 

PoBTi^AND, Traill County, N. D., Aug. 10, 1889. 

To Hon, J, F. Selhy, Delegate to the Constitutional Convention for North 
Dakota from Traill County : 

We, the undersigned citizens of Traill county, hereby declare that we rep- 
resent the opinion of a large proportion of the people of Western Traill, and 
that we hereby most strenuously protest against the proceedings of ^e Con- 
stitutional Convention in permanently locating the capital of North Dakot<a 
and the public institutions of the State and apportioning the public lands. 

We demand our Constitut ional rights as citizens of North Dakota in hav- 
ing a voice in the location of our capital and public institutions. The Con- 
stitution as it now stands will be defeated by a large majority in Western Traill. 

We prefer political honor, even under a territorial carpetbag government, 
to anything that is tainted with political dishonor and rotten jobbery, and any 
usurpation of the powers vested in the people of a free and Republican form of 
government. 

We demand at the hands of the Constitutional Convention, a Constitution 
for North Dakota that is pure and simple, and that will stand as a proper foun- 
dation upon which can be erected the laws that will govern one of the grandest 
States of the Union. C. Cbanbton, and 93 others. 

Gbakd Fobks, N. D., Aug. 8, 1889. 

To the President of tlie Constitutional Convention : 

The adoption of the Constitution will be defeated in this locality unless 
the article locating the Capital is striken out, and we earnestly protest against 
the location of state institutions by an article in the Constitution. 

Wm. H. FblijOWs, and 66 others. 

Hatton, N. D., Aug. 12, 1889. 

To the President of the Constitutional Convention : 

The citizens of Hatton and vicinity in mass meeting assembled wish to ex- 
press their appreciation of the step taken by the Constitutional Convention in 



Tuesday, August 13, 1889. 213 



:ar«^irard to the location of public institutioiiB for North Dakota. We have 
s^othin/ar, but believe the distribution has been made in a spirit of fairness, and 
^wde from local favors, we are profoundly thankful that a great source of 
C3orruption and jobbery has been removed. 

We know of no person in that part of the counties of Traill, Steele and 
Orand Forks tributary to Hatton who does not fully agree with us in this. 

T. E. Nelson, A. Fboslid, 

Secretary. Chairman 

MAYviiiiiE, N. D., August 8, 1889. . 
y© Hon, E, M, Paulson ; 

The citizens of Mayville extend congratulations to yourself and Hegge. 

N. D. NiiiSON, Mayor. 

MAYViLiiB, August 12, 1889. 
3V> Vie President of the Constitutional Convention: 

Whebbas, It has come to our knowledge that certain towns in North Da- 
iKota of the '*dog in the manger stamp" are attempting to discredit the action of 
t;he Constitutional Convention in locating the public buildings and institutions 
of the new State of North Dakota, and are charging corruption on the mem- 
\yeTB who voted for the measure. Therefore, be it 

Resolvedj By the citizens of Mayville and vicinity, in mass convention as- 
sembled, that we approve fully and heartily the action of our delegates from 
1?raill county, Hons. jS. M. Paulson and M. F. Hegge, in working and voting for 
the measure. 

That we repudiate the accusation of corruption charged against them and 
other members of the Convention as simply the emenction of disappointed and 
envions minds. 

That we think the locations as made in the proposed article are fair and 
just, and we believe satisfactory to a large majority of the voting population 
and taxpayers of the state. 

That we particularly approve of the permanent location of the capital at 
3isinarek on economic grounds, beheviog also that its removal, while entailing* 
enormous expense to the state, would be an act of gross injustice and bad 
faith with the people of Bismarck. Finally, 

That we believe it eminently proper and wise that the location of the pub- 
lic buildings and institutions should be made by the Constitutional Conven- 
tion, thus removing from legislative consideration for all future time the voxa- 
tiouB questions of public institutions which have been such a source of polit- 
ieol oontention and trading in the past. 

The above resolutions were passed unanimously at a lar<^o mass meeting 
li&eld this 12th day of August, 1889,* at the city hall in Mayville, N. D. 

li. B. GiBBs, L. A. Lincoln, 

Secretary. Chairman. 

Tbaill County, N. D., Aug. 8, 1889. 

^o Oie President of the Constitutional Convention: 

We, the undersigned citizens and taxpayers of Traill connty, North Dako- 
ta fully commend and endorse the position taken, and the vote of the Honor- 
a.bleB M. Paulson and M. F. Hegge, relating to File No. 143 in regard to the 
location of public buildings for North Dakota. 

W. H. Robinson, and 200 others. 

Tbaill County, N. D., Aug. 13. 

T'o the President of the Constitutional Convention: 

We, the undersigned citizens and taxpayers of Traill and Steele counties, 
^orth Dakota, fully commend and cd dorse the position taken and the vote of 
the Hons. E. M. Paulson and M. F. Hegge, relating to File No. 143 in regard 
to the location of pnbUc buildings for North Dakota. 

A. Fboslid and 61 others. 



214 Journal of the Convention, 



Grand Forks County, N. D., Aug. 8. 

To the President of the Conntitutional Convention: 

We, the nndersifnied citizeDS of Grand Forks county, North Dakota, fully 
commend and endorse the position taken and the vote of the Hons. M. F. 
He^ge and £. M. Paulson relating to File No. 143 in regard to the location of 
public buildings for North Dakota: 

G. L. Thorstad and 17 other& 

Traill County, N. D., Aug. 8, 1889. 

To the President of the Constitutional Convention : 

We, the undersigned citizens and tax-payers of Traill county, North Dako- 
ta, fullv commend and endorse the position taken, and the vote of the Honor- 
ables E. M. Paulson and M. F. Hegge, relating to File No. 143 in regard to 
location of public buildings for North Dakota. 

H. J. Hhbridan and 52 otheni. 



Traill County, Aug. 8, 1889. 

To the President of the Constitutional Convention: 

We, the undersigned citizens and taxpayers of Traill county, North Dako- 
ta, fully commend and endorse the position taken, and the vote of Honorablee 
£. M. Paulson and M. F. Hegge relating to File No. 143 in regard to location 
of public buildings for North Dakota. 

James A. McDonald, and 27 others. 

J{Lakota, N. D., August 10, 1889. 

To the President of the Constittitional Convention: 

At a mass convention of the people of Nelson county held at the court 
house in Lakota on Saturday evening, August 10, 1889, the following resolu- 
tions were unanimously adopted : 

Whereas, The Constitutional Convention of North Dakota have, in defi- 
ance of the wishes of the constituents of the members thereof adopted the ma- 
jority report of the Committee on Public Institutions, which report has been 
made a part of the Constitution; and 

Whereas, We believe that the action of said Convention in so doing was 
the work of a corrupt and subsidized majority, and is against the best interests 
of the people of North Dakota, therefore, be it 

Resolved^ By the people of Nelson County, irrespective of party in 
mass Convention assembled, that we unqualifiedly conaemn the action of 
said Convention in attempting to deprive the people of the privilege of voting 
upon the location of the Capital and other public institutions, and we do each 
and every one pledge ourselves, iu case that the Constitution shall be submit- 
ted with the obnoxious plank contained therein permanently closing the Capi- 
tal of the state without the question of location being first submitted to the 
people that we will not only vote against it, but also use every honorable means 
to defeat its adoption. 

That we earnestly desire our representatives upon the reassembling of said 
Convention, to use every efifort to have the article locating the Capital submit- 
ted as a separate article of said Constiution that we may be permitted to 
vote upon it. 

W. H. Standish, 
A. J. Gronna, 
E. Mapbs, 

D. S. DODDS, 

Fred A. KsLiiEY, 
Committee on Besolutions. 



Tuesday, August 13, 1889. 



215 



WHEATIiAND, Aug. 12, 1889. 

To the President of the Constitutional Convention: 

We, the undersi^rned oitizeos of Wheatland township, Cass oonnty, heartily 
approve the action of the Cass county delegates to tbe Constitntional Conven- 
tion in locating the pnblic institutions and especially in securing the Agricul- 
tural College for Cass county. 

J. W. BuBNHAM, and 25 others. 

* Paboo, N. D., Aug. 8 1889. 

To the President of the Constitutional Convention : 

At a meeting of the board of trade of Fargo (a corporation) the following 
resolutions, presented by J. A. Johnson, were adopted by a unanimous vote: 

Whereas, the members of the Constitutional Convention of North Dakota 
have about reached the end of their labors in executing the trust reposed in 
them by the sovereign people who are about to assume the weighty and solemn 
reeponsibi litiee of self government, and believing that the Convention is en- 
titled to an acknowledgement on all hands for its faithful and efficient service, 
therefore, be it 

Resolved, That the hearty and unanimous thanks of tbe Board of Trade of 
the City of Fargo are hereby tendered to the members of the Constitutional 
Convention of North Dakota, now assembled, for the able, faithful and patriotic 
manner in which they have performed their arduous duties, and especially as 
to the wise, satisfactory and equitable manner of locating the public institu- 
tions, thereby substantially removing from the state legislature a prolific sourro 
of contention, to say nothing of temptation to unjust and immoral combina- 
tions prejudicial to the pubUc welfare; be it further 

Resolved, That the ooard take every proper measure in supporting and 
holding up the hands of our delegates in their efforts for the common benefit; 
be it further 

Resolved, That the thanks of this board are especially tendered to Messrs. 
Miller, Spalding and Lowell, of Fargo, and the other members from Cass 
county who acted with them. 

Mr. Miller moved that all the communications read be referred 
to a committee of five to be appointed by the chair. 
Ayes and nays were demanded. 
The roll being called there were ayes 40, nays 24. 

Those who voted in the affirmative were: 



Messrs — 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Griggs, 


Ray, 


Blewett, 


Harris, 


Richardson, 


Brown, 


Hegge, 


Bolfe, 


Gamp, 


Holmes, 


Bowe, 


Garland, 


Hoyt, 


Sandager* 


Ghaifee, 


Lohnes, 


Scott. 


Glapp, 


Lowell, 


Shnm}^, 


Golton, 


Meacham, 


Spalding. 


Elliott, 


McKenzie, 


Stevens, 


Fay, 


Miller, • 


Wellwood, 


Flemington, 


Moer, 


Whipple. 


Gayton. 


Paulson, 


Williams. 


Qlick, 


Peterson, 




Gray, 


Powles, 




Those who voted 


in the negative were: 




-JMeesrs— 


Messrs- 


Messrs- 


Allin, 


Johnson, 


Parsons of Rolette, 


Bartlett of Griggs, 


Tjauder, 


Purcell, 



216 Journal of the Convention, 



Bell, Linwell, Pollock, 

BenDett, Mathews, Robertson, 

Biidi^e, MoBride, Selby, 

Oarothers, Noble, Slotten, 

Doni^las, Nomland, Tnraer, 

Hansen, O'Brien, Wallaoe. 
AT>sent and not voting: 

Messrs — Messrs — Messrs — 4 

Almeu, Clark, Parsons of Morton, 

Appleton, Leach, Powers, 

Bean, Marrinan, Mr. President. 
Best, MoHujifh, 

And BO the motion prevailed. 

The President appointed the following as such committee: 
Messrs. Miller, Johnson, Stevens, Selby and Col ton. 

RErORT OF THE COMMITTEE ON ACCOUNTS AND EXPENSES. 
Mr. President: 

Your Committee on Accounts and Expenses respectfully report: That 
after a full interview with the Secretary of the Territory they liave ascertained 
that the appropriation of $20,00() made by the United States for the Constitu- 
tional Convention of North Dakota, is sufficient to pay members per diem for 
thirty-one days, milea^^o in full, $3,750 for printing and $500 for stationery and 
incidental expenses. Also the per diem of the Chief Clerk, Enrolling and En- 
grossing Clerk, Messenger, Sergeant-at-Arms, Chaplain and Watchman for 
thirty-one days, thereby making it encumbent upon the State of North Dakota 
to assume and pay the per diem of the members of the convention for each day 
exceeding thirty -oue davs; and also, of the Chief Clerk, Enrolling and Engross- 
ing Clerk, Messenger, Sergeant-at-Arms, Chaplain, Watchman, for such days 
in excess of the thirty-one days as the convention has or may be in session. 

The Secretary states that uuder his instructions from the United States he 
is unable to pay any clerks of committees, stenographers, door-keeper, pages or 
any expert accountants, and therefore, all expenses incurred by the convention 
on this account must be assumed by the State of North Dakota. Under 
a resolution passed by the convention we find that the following 
clerks, with the number of days, were discharged! ^^^ certificates of 
indebtedness issued to them in accordance with the resolution passed by the 
Constitutional Convention, signed by the President and Chief Clerk of the con- 
vention, to-wit: 

M. M. Miller, 15 days Clerk Legislative Committee at $5 $75 00 

F. H. Register, 15 days Clerk Legislative Committee at $5 75 00 

Mrs. Etta Linn, 14 days as Clerk Committee on Public Lands 70 00 

Geo. P. Stillman, Stenographer for Joint Commission and transcribing 388 65 

Wm. G. Hayden, Expert Accountant for Joint Commission 170 (X) 

A. E. Bennett, Clerk Joint Commission 21 days at S6 126 00 

G. P. Stillman, 1 day Clerk Committee on Education 6 00 

J. B. Wineman, Clerk Committee Municipal Corporations 15 days 

at $5 75 00 

E. H. Sanford, Clerk Commission to Divide Public Property 22 days 

at :$r> 132 00 

Margaret H. Davidson, Clerk Judiciary Committee 17 days at $5 85 00 

G«orge Auld, Clerk Corporations Committee 13 days at $5 65 00 

There will remain for the State of North Dakota to assume and pay the 
salaries of the following clerks for the days herein enumerated and at the re- 
spective sums per diem set opposite their names. 

M. L. Waterbiiry, July 15, Assistant Enrolling and Engrossing Clerk. $5 00 
Wm. G. Hayden, Aug. 3, 1889, Clerk Committee on Revision and Ad- 
justment 6 00 



Tuesday, August 13, 1889. 217 



E. H. Sandford, Aug. 3, 1889, Clerk (Committee on RevisioD and Ad- 

joBtmeut 6 00 

Mary D. Matteson, July 12, 1889, Clerk Apportionment Commmittee . . 5 00 

William GleasoD, Janitor, Juiy 4, 1889 5 00 

George Wentz, Doorkeeper, Jiilv 4, 1889 5 00 

R. M. Tattle, Stenographer, July 4 1889, $10 per diem and ten cents 

per folio for transcribing. 

Arthur E. Linn, Page, July 4, 1889 2 00 

Harrv G. Ward, Page, July 4, 1889 2 00 

Charles Lauder, Page, July 4, 1889 2 00 

Charles W. Conroy, Page, July 4, 1889 2 00 

Geo. P. Stillmau, Clerk Committee on Revision and Adjustment, Aug. 

3,1889 6 00 

W. E. Raymond, Clerk Committee on Miscellaneous Subjects, July 17, 

1889 6 00 

C. M. Larrabee, Clerk Committee on Schedule and Revision and Ad- 
justment, July 29, 1889 6 00 

We find that each one of these persons has been employed as stated above 
at the per diem stated above, for services i)erformed and are entitled to com- 
pensation therefor. 

We are unable to report accurately the total cost of printing ordered and 
authorized by the Convention, but as near as we can estimate the same, we 
find — all printing for the Convention to date amounts to about $2,500. When 
finally completed it is estimateil that the total expense of printing including 
the printing and binding of the Journals and debates will amount to $5,500. 
Of this sum the general government appropriates $3,750, leaving about $1,750 
tok be paid by the State of North Dakota. 

There are some small bills for incidental expenses incurred for telegaph- 
ing which have been referred to the secretary and, in case he declines to pay 
the same out of the appropriation of $20,000, the sum must be paid by the 
State of North Dakota. They amount in the aggregate to about $13. 

In addition to these expenses the State of North Dakota necessarily must 
provide for the revision, indexing and superintending the printing of the 
Journals and debates of the Convention. A reasonable estimate of the ex- 
pense of this work is $600, as we find that the Legislative Assembly of Dakota 
has heretofore allowed the chief clerks of the house and council respectively 
$360 each for transcribing, indexing, superintending, printing and distribu- 
tion of the Journals of the respective houses. We estimate|that the indexing and 
superintending the printing of the Journal and debates of the Convention will 
fall within its limits. 

We believe that the Journals and debates of the Convention can be re- 
vised, printed and be ready for distribution within sixty days from the ad- 
journment of the Convention. 

The matter of the printing and pubUshing the Constitution as finally 
ailopted by the Convention is respectfully referred to the Convention for such 
action as it deems wise. Respectfully submitted, 

O. G. Meacham, 

Chairman Committee on Accounts and Expenses. 

The Committee on Revision and Adjustment submitted the fol- 
lowing report: 

Mr. Camp moved that the report be read by its title only. 

Which motion prevailed. 
Mb. Pbbsident : 

Your Committee on Revision and Adjustment have had under consideration 
the several articles of the Constitution referred to them, and respectfully re- 

28 



\ 



218 Journal of the Convention, 



port the followiDg arranurement for the same, with their sagsrestions and cor- 
rections noted at the end of each section. 

David BABTiiETT, 
Chairman. 

CONSTITUTION OF NORTH DAKOTA— 1889. 



PREAMBLE. 



We, the people of North Dakota, grateful to Almighty God for 
the blessings of civil and religious liberty, do ordain and estab- 
lish this Constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1. All men are by nature equally free and indepen- 
dent 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 obtain- 
ing safety and happiness. 

Sec. 2. All political power is inherent in the people. Govern- 
ment is instituted for the protection, security and benefit of the 
people, and they have a right to alter or reform the same when- 
ever the public good may reciuire it. 

[Recommend strike out "it" at close of section.] 

Sec. 3. The State of North Dakota is an inseperable 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 incom- 
petent to be a witness or juror on account of his opinion on mat- 
ters of religious belief; but the liberty of conscience 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 susp(m<led unless, when in case of rebellicm or invasion, the 
public safety may re(iuire. 

Sec. 0. All persons shall l>e bailable by sufficient sureties, 
unless for capital offences when the proof is evident or the pre- 
sumption great Excessive bail shall not be required, nor ex- 
cessive fines imix)sed, nor shall cruel or unusual punishments be 



Tuesday, August 13, 1889. 219 



t<?d. Witnesses shall not be unreasonably det^iined, nor 
led in any room where criminals are actually imprisoned. 
3commend insertion of word "be" before word "confined."] 

:, 7. The right of trial by jury shall be secured to all, and 
n inviolate; but a jury in civil cases, in courts not of recx^rd 
•onsist of less than twelve men, as may be prescribed by 

'. 8. That, until otherwise provided by law, no person 
for a felony, be proceeded against criminally, otherwise 
by indictment, except in cases arising in the land or naval 
5, or in the militia wlien in actual service in time of war or 
3 danger. In all other cases, ofiPences shall l)e prosecuted 
ually by indictment or information. The Legislative 
ably may change, regulate or abolish the grand-jury system, 
^commend striking out "that" at beginning of section and 
ilize "until."] 

\ 9. Every man shall have the right freely to write, speak 
ublish his opinions on all subjects, being responsible for 
)use of that privilege. In all civil and criminal trials for 
ihe truth may be given in evidence, and shall be a sufficient 
se when the matter is published with good motives and for 
able ends; and the jury shall have the same power of giving 
3ral verdict as in other cases; and in all indictments or in- 
tions for libels the jury shall have the right to determine 
w and the facts under the direction of the court as in other 

jcommend strike out the words "shall have the right" in firat 
nd insert the word "may," also strike out word "to" after 

!. 10. The citizens have a right, in a peaceable manner, to 
ble together for the common good, and to apply to those in- 
l with the powers of government for the redress of griev- 
or other proper purposes, by petition, address or remon- 
?e. 
sert the word "for" between "or" and "other proper pur- 



:ii. 



All laws of a general nature shall have a uniform 
bion. 

. 12. The military shall be subordinate to the civil power, 
mding army shall be kept up by this state in time of peace, 
3 soldiers shall, m time of peace, be quartered in any house 
lit the consent of the owner; nor in time of war, except in 
anner prescribed by law. 

sert the w^ord "maintained" in lieu of "kept up."] 
. 13. In criminal prosecutions in any court whatever, the 
accused shall have the right to a speedy and public trial; to 
;he process of the court to compel the attendance of witneses 
behalf; and to appear and defend in person and with coun- 



220 Journal of the Convention, 



sel. No person shall be twice put in jeopardy for the same of- 
fense, nor be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty or property without due 
process of law. 

Sec. 14. Private property shall not be taken or damaged for 
public use without just compensation having been first made to, 
or paid into court for the owner, and no right of* way shall be ap- 
propriated to the use of any corporation other than municipal 
until full compensation therefor be first made in money or ascer- 
tained and be paid into court for the owner irrespective of any 
benefit from any improvement proposed by such corporation, which 
compensation shall be ascertained by a jury, unless a jury be 
waived as in other cases of a court of record, as shall be pre- 
scribed by law. 

[Strike out all after the word "waived."] 

Sec. 15. No person shall be imprisoned for debt unless upon 
refusal to deliver up his estate for the benefit of his creditors, in 
such manner as shall be prescribed by law; or in cases of tort; or 
where there is strong presumption of fraud. 

Sec. 16. No bill of attainder, ex post facto law, or law impair- 
ing the obligations of contracts shall ever be passed. 

Sec. 17. Neither slavery nor involuntary servitude, unless for 
the punishment of crime, shall ever be tolerated in this state. 

Sec. 18. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrant shall issue but upon 
probable cause, supported by oath or affirmation, particularly 
describing the place to be searched and the persons and things to 
be seized. 

Sec. 19. Treason against the state shall consist only in levying 
war against it, adhereing to its enemies or giving them aiaand 
comfort. No person shall be convicted of treason unless on the 
evidence of two witnesses to the same overt act or confession in 
open couri 

Sec. 20. No special privileges or immunities shall ever be 

f ranted which may not be altered, revoked or repealed by the 
legislative Assembly; nor shall any citizen or class of citizens be 
granted privileges or immunities which upon the same terms shall 
not be granted to all citziens. 

Sec. 21. The provisions of this Constitution are mandatory 
and prohibitory unless, by express words, they are declared to be 
otherwise. 

SEa 22. All courts shall be open, and every man for any in- 
jury done him in his lands, goods, person or reputation shall have 
remedy by due process of law, and right and justice, administered 
without sale, denial or delay. Suits may be brought against the 



Tuesday, August 13, 1889. 221 



state iu such manner, in such courts, and in such cases, as the 
Legislative Assembly may, by law, direct. 

Sec. 23. Every citizen of this state shall be free to obtain em- 
ployment wherever possible, and any person, corporation, or agent 
thereof, keeping a black-list, interfering or hindering in any way, 
a citizen from obtaining or enjoying employment already obtained, 
from any other corporation or person, shall be deemed guilty of 
conspiracy against the welfare of the state, which offense shall be 
punished as shall be prescribed by law. 

[Recommend that this section be stricken out as in conflict with 
section 9 of "Declaration of Rights."] 

Sec. 24. To guard against transgressions of the high powers 
which we have delegated, we declare that everything in this article 
is excepted out of the general powers of government and shall 
forever remain inviolate. 

ARTICLE II. 

THE LEGISLATIVE DEPAKTMENT. 

Sec. 25. The legislative power shall be vested in a senate and 
house of representatives. 

Sec. 26. The senate shall be composed of not less than thirty 
nor more than fifty members. 

Sec. 27. Senators shall bo elected for the term of four years, 
except as hereinafter provided. 

Sec 28. No i)er8on shall be a senator who is not a qualified 
elector in the district in which he 'may be chosen, and who shall 
not Lave attained the age of twenty-five years, and have been a res- 
ident of the state or territory for two years next preceding his 
election. 

Sec. 29. The Legislative Assembly shall fix the number of sen- 
ators, and divide the state into as many senatorial districts as there 
are senators, which districts as nearly as may be, shall be equal to 
each other in the number of inhabitants entitled to representation. 
Each district shall be entitled to one senator and no more, and 
shall be composed of compact and contiguous territory; and no 
poition of any county shall be attached to any other county, or 
part thereof, so as to form a district The districts as thus ascer- 
tained and determined shall continue until changed by law. 

Sec. 30. The senatorial districts shall be numbered consecu- 
tively from one upwards, according to the number of districts pre- 
scribed, and the senators shall be divided into two classes. Those 
elected in the districts designated by even numbers shall consti- 
tute one class, and those elected in districts designated by odd 
numbers shall constitute the other class. The senators of one class 
shall hold their oflice for two years, those of the other class shall 
hold their office four years, and the determination of the two 



222 Journal of the Convention, 



classes shall be by lot, so that one-half of the senators, as nearly 
as practicable, may be elected biennially. 

Sec. 31. The senate, at the beginning and close of each regular 
session, and at such other times as may be necessary, shall elect 
one of its members president pro tempore, who may take the place 
of the Lieutenant Governor under rules prescribed by law. 

Sec. 32. The house of representatives shall be composed of not 
less than sixty, nor more than one hundred and forty members. 

Sec. 33. Hepresentatives shall be elected for the term of two 
years. 

Sec. 34. No person shall be a representative who is not a quali- 
fied elector in the district for which he may be chosen, and who 
shall not have attained the age of twenty-one years, and have been 
a resident of the state or territory for two years next preceding his 
election. 

Sec. 35. The members of the House of Representatives shall 
be apportioned to and elected at large from each senatorial district. 

Sec. 36. The House of Hepresentatives shall elect one of its 
members as speaker. 

Sec. 37. No judge or clerk of any court, secretary of state, at- 
torney general, register of deeds, sheriff or person holding any 
office of profit under this state, except officers in the militia or the 
office of attorney-at-law, notary public or justice of the peace, and 
no person holding any office oi profit or honor under any foreign 
government, or under the government of the United States, except 
postmasters whose annual compensation does not exceed the sum 
of $300, shall hold any office in either branch of the Legislative 
Assembly or become a member thereof. 

Sec. 38. No member of the Legislative Assembly, expelled for 
corruption, and no person convicted of bribery, perjury or other 
infamous crime shall be eligible to the Legislative Assembly, or to 
any office in either branch thereof. 

Sec. 39. No member of the Legislative Assembly shall, during 
the term for which he was elected, be appointed or elected to any 
civil office in the state, which shall have been created, or the emol- 
uments of which shall have been increased, during the term for 
which he was elected; nor shall any member receive any civil ap- 
pointment from the Govenior, or Governor and senate, during the 
term for which he shall have been elected. 

Sec. 40. If any person elected to either house of the Legisla- 
tive Assembly shall offer or promise to give his vote or influence, 
in favor of, or against any measure or proposition pending or pro- 
posed to be introduced into the Legislative Assembly, in consider- 
ation, or upon conditions, that any other person elected to the 
same Legislative Assembly will give or will promise or assent to 
give, his vote or influence in favor of or against any other measure 



Tuesday, August 13, 1889. 223 



or proposition, pending or proposed to be introduced into such 
Ijegislative Assembly, the person making such oflFer or promise 
6»hall be deemed guilty of solicitation of bribery. If any member 
of the Legislative Assembly, shall give his vote or influence for or 
against any measure or proposition, pending or proposed to be in- 
troduced into such Legislative Assembly, or offer, promise or assent 
so to do upon condition that any other member will give, promise or 
assent to give his vote or influence, in favor of or against any other 
such measure or proposition, pending or proposed to be introduced 
into such Legislative Assembly, or in consideration that any other 
member hath given his vote or influence, for or against any other 
measure or proposition in such Legislative Assembly, he shall be 
deemed guilty of bribery. And any person, member of the Legis- 
lative Assembly or person elected thereto, who shall be guilty of 
either of such offenses shall be expelled, and shall not hereafter 
be eligible to the Legislative Assembly, and, on the conviction 
thereof in the civil courts, shall be liable to such further penalty 
as may be prescribed by law. 

Sec. 41. The term of service of the members of the Legislative 
Assembly shall begin on the first Tuesday in January, next after 
their election. 

Sec. 42. The members of the Legislative Assembly shall in all 
cases except treason, felony and breach of the peace, be privileged 
from arrest during their attendance at the sessions of their res- 
pective hduses, and in going to or returning from the same. For 
words used in any speech or debate in either house, they shall not 
l>e questioned in any other place. 

Sec. 43. A meml>er who has a personal or private interest in 
any measure or bill proposed or pending before the Legis- 
lative Assembly, shall disclose the fact to the house of which 
he is a member, and shall not vote thereon without the consent of 
the house. 

Sec. 44 The Governor shall issue writs of election to fill such 
vacancies as may occur in either house of the Legislative As- 
sembly. 

Sec. 45. Each member of the Legislative Assembly shall re- 
ceive as a compensation for his services for each regular session, 
five dollars per day, and ten cents for every mile of necessary 
travel in going to and returing from the place of the meeting of 
the Legislative Assembly, on the most usual route; and five 
dollars per day for extra sessions, and ton cents for every mile of 
necessary travel in going to and returning from the place of 
meeting of the Legislative Assembly, on the most usual rout(\ 

[Recommend to strike out the word "regular'' and all after the 
words "usual route."] 

Sec. 46. A majority of the members of each house shall con- 
stitute a quorum, but a smaller number may adjourn from day to 



224 Journal of the Convention, 



day, and may compel the attendance of absent members, in such a 
manner, and nnder such a penalty as may be prescribed by law. 

8ec. 47. Each house shall be the judge of the election returns 
and qualifications of its own members. 

Sec. 48. Each house shall have the power to determine the rules of 
proceeding, and punish its members or other persons for contempt 
or disorderly behavior in its presence; to protect its members 
against violence or offers of bribes, or private solicitation, and with 
the concurrence of two-thirds, to expel a member; and shall have 
all other powers necessary and usual in the Legislative Assembly 
of a free state. But no imprisonment by either house shall con- 
tinue beyond thirty days. Punishment for contempt or disorderly 
behavior shall not bar a criminal prosecution for the same offense. 

Sec. 49. Each house shall keep a journal of its proceedings, 
and the yeas and nays of any question shall be taken and entered 
on the journal at the rec^uest of one-sixth of those present. 

Sk(\ 50. The sesions of each house and of the committee of the 
whole shall be open unless the business is such as ought to be 
ke])t secret. ^ 

Sec. 51. Neither house shall without the consent of the other, 
adjourn tor more than three days, nor to any other place than that 
in whieli the two houses shall be sitting, except in case of epi- 
dermic, pestilence or other great danger. 

Sec. 52. The senate and house of representatives jointly shall 
be designated as the Legislative Assembly of the State of Nortli 
t)akota. 

Sec. 53. Tlie Legislative Assembly shall meet at the seat of 
government at twelve o'clock M. on the first Tuesday after the first 
Monday of January, in the year next following the election of the 
members thereof. 

Sec. 54 In all elections to be made by the Legislative Assem- 
bly, or either house thereof, the members shall vote viva voce, and 
their votes shall \)e entered in the journal. 

Sec. 55. The sessions of the Legislative Assembly shall be bi- 
ennial, except as otherwise provided in this Constitution. 

Sec. 5(). No regular sessions of the Legislative Assembly shall 
exceed sixty days, except in case of impeachment, but the first ses- 
sion of the Legislative Assembly may continue for a period of one 
hundred and twenty days. 

Sec. 57. Any bill may originate in either House of the Legis- 
lative Assembly, and a bill passed by one house may be amended 
by the other. 

Sec. 58. No law shall be passed, except by a bill adopted by 
both houses, and no bill shall be so altered and amended on its 
passage through either house as to change its original purpose. 



Tuesday, August 13, 1889. 225 



Sec. 59. The enacting clause of every law shall be as follows: 
Be it enacted by the Legislative Assembly of the State of North 
Dakota. 

Sec. 60. No bill for the appropriation of money except for the 
expenses of the government, shall be introduced after the 
fortieth day of the session, except by unanimous consent of the 
house in which it is sought to be introduced. 

Sec. 61. No bill shall embrace more than one subject, which 
shall be expressed in its title, but a bill which violates this pro- 
vision shall be invalidated thereby only as to so much thereof as 
shall not be so expressed. 

Sec. 62. The general appropriation bill shall embrace nothing 
but appropriations for the expenses of the executive, legislative 
and judicial departments of the state, interest on the public debt, 
and for public schools. All other appropriations shall be made 
by separate bills, each embracing but one subject. 

Sec. 63. Every bill shall be read three several times, but the 
first and second readings, and those only, may be upon the same 
day; and the second reading may be by title of the bill unless a 
reading at length be demanded. The first and third readings shall 
be at length. No legislative day shall be shorter than the natural 
day. 

Sec. 64. No bill shall be revised or amended or the provisions 
thereof extended or incorporated in any other bill by reference to 
its title only, but so much thereof as is revised, amended or extended 
or so incorporated shall be re-enacted and published at length. 

Sec. 65. No bills shall become a law except by a vote of a ma- 
jority of all the members elect in each house, nor unless, on its 
final passage, the vote be taken by yeas and nays, and the names 
of those voting be entered on the journal. 

Sec. 66. The presiding officer of each house shall in the pres- 
ence of the house over which he presides, sign all bills and joint 
resolutions passed by the Legislative Assembly ; immediately be- 
fore such signing their title shall be publicly read and the fact of 
signing shall be at once entered on the journal. 

Sec. 67. No act of the Legislative Assembly shall take effect 
until July 1st, after the close of the session, unless in case of 
emergency (which shall be expressed in the preamble or body of 
the act) the Legislative Assembly shall, by a vote of two-thirds 
of all the members present in each house, otherwise direct. 

Sec 68. The Legislative Assembly shall pass all laws neces- 
sary to carry into euect the provisions of this Constitution. 

Sec. 69. The Legislative Assembly shall not pass local or 
special laws in any of the following enumerated cases, that is to 
say: 

( 1 ) For granting divorces. 

29 



226 Journal op the Convention, 



(2) Laying out, opening, altering or working loads or high- 
ways, vacating roads, town plats, streets, alleys or public grounds. 

(3) Locating or changing county seats. 

(4) Regulating county or township aflFairs. 

(5) Regulating the piactice of courts of justice. 

(6) Regulating the jurisdiction and duties of justices of the 
peace, police magistrate or constables. 

(7) Changing the rules of evidence in any trial or inquiry. 

(8) Providing for changes of venue in civil or criminal cases. 

(9) Declaring any person of age. 

(10) For limitation of civil actions, or giving effect to in- 
formal or invalid deeds. 

(11) Summoning or impanneling grand or petit juries. 

(12) Providing for the management of common schools. 

(13) Regulating the rate of interest on money. 

(14) The opening or conducting of any election or designating 
the place of voting. 

( 15 ) The sale of mortgage of real estate belonging to minors 
or others under disability. 

(16) Chartering or licensing ferries or toll bridges or toll 
roads. 

(17) Remitting fines, penalties or forfeitures. 

(18) Creating, increasing or decreasing fees, percentages or 
allowances of public officers. 

(19) Changing the law of descent. 

(20) Granting to any corporation, association or individual 
the right to lay down railroad tracks, or any special or exclusive 
privilege, immunity or franchise whatever. 

(21) For the punishment of crimes. 

(22) Changing the names of persons or places. 

(23) For the assessment or collection of taxes. 

(24) Affecting estates of deceased persons, minors or others 
under legal disabilities. 

(25) Extending the time for the collection of taxes. 

(26) Refunding money into the state treasury. 

( 27 ) Relinquishing or extinguishing in whole or in part the in- 
debtecbiess, liability or obligation of any corporation or person to 
this state, or to any municipal corporation therein. 

(28) Legalizing, except as against the state, the unauthorized 
or invalid act of any officer. 

(29) Exempting property from taxation. 

(30) Restoring to citizenship persons convicted of infamous 
crimes. 

(31) Authorizing the creation, extension or impairing of liens. 

(32) Creating offices, or prescribing the powers and duties of 
officers in counties, cities, townships, election or school districts, 
or authorizing the adoption or legitimation of children. 

(33) Incorporation of cities, towns or villages, or changing or 
amending the charter of any town, city or village. 



Tuesday, August 13, 1889. 227 



(34) Providing for the election of members of the board of 
supervisors in townships, incorporated town or cities. 

(35) The protection of game or fish. 

Sec. 70. In all other cases where a general law can be made 
applicable, no special law shall be enacted; nor shall the Legisla- 
tive Assembly indirectly enact such special or local law by the 
partial repeal of a general law; but laws repealing local or special 
acts may be passed. 

ARTICLE IIL 

EXECUTIVE DEPARTMENT. 

Sec. 71. The executive power shall be vested in a Governor, 
who shall reside at the seat of government and shall hold his 
office for the term of two years and until his successor is elected 
and duly qualified; a Lieutenant Governor, who shall be ele'jted at 
the same time and for the same term. 

[Becommend that all after the word "qualified" be stricken 
from this section and that section 2 include the part stricken out 
adding thereto all of section 6. ] 

Sec. 72. No person shall be eligible to the office of Governor 
or Lieutenant Governor except a citizen of the United States, and 
« c^ualified elector of the state, who shall have attained the age of 
thirty years, and who shall have resided five years next preceding 
ihe election within the state or territory, [nor shall he be eligible to 
4iny other office during the term for which he shall have been 
elected. 

Sec. 73. The Governor and Lieutenant Governor shall be 
<jlected by the qualified electors of the state at the time and places 
of choosing members of the Legislative Assembly. The persons 
respectively having the highest number of votes for Governor 
-aand Lieutenant Governor shall be elected, but if two or more 
shall have an equal and highest number of votes for Governor 
or Lieutenant Governor, the two houses of the Legislative 
Assembly at its next regular session shall forthwith, by joint 
Hballot, choose one of such persons for said office. The returns of 
^he election for Governor and Lieutenant Governor shall be made 
:in such manner as shall be prescribed by law. 

[Recommend that the word "respectively" after the words "the 
3)erson8" be stricken out and the word "respectively" be inserted 
-atfter the words "Lieutenant Governor;" also before the word 
^'elected" insert the word "declared."] 

Sec. 74. The Governor shall be Commander-in-Chief of the 
onilitary and naval forces of the state, except when they shall be 
-^^Ued into the service of the United States, and may call out the 
«ame to execute the laws, suppress insurrection and repel in- 
"^asion . He shall have power to convene the Legislative Assembly 
^on extraordinary occasions. He shall at the commencement of 
^ach session communicate to the Legislative Assembly by message, 



228 Journal of the Convention, 



information of the condition of the state, and recommend such 
measures as he shall deem expedient. He shall transact all 
necessary business with the officers of the government, civil and 
military. He shall expedite all such measures as may be resolved 
upon by the Legislative Assembly and shall take care that the 
laws be faithfully executed. 

Sec. 75. The Governor shall have power to remit fines and for- 
feitures, to grant reprieves, commutations and pardons after 
conviction, for all offenses except treason and cases of imj^each- 
ment; but the Legislative Assembly may by law in all cases regu- 
late the manner in which the remission of fines, pardons, com- 
mutations, and reprieves may be applied for. Upon conviction 
for treason he shall have power to suspend the execution of sen- 
tence until the case shall be reported to the Legislative Assembly 
at its next regular session, when the Legislative Assembly shall 
either pardon or commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He shall communicate 
to the Legislative Assembly at each regular session each case of 
remission of fine, reprieve, commutation, or pardon granted by 
him, stating the name of the convict, the crime for which he is con- 
victed, the sentence and its date, and the date of the remission, 
communication, pardon or reprieve, with his reason for granting 
the same. 

[Recommend that the words "in all cases" after the words "Leg- 
islative Assembly may by law" be stricken out. 

Sec. 76. In case of the death, impeachment, resignation, failure 
to qualify, absence form the state, removal from office, or the dis- 
ability of the Governor, the powers and duties of the office for the 
residue of the term, or until he shall be acquitted, or the disability 
removed, shall devolve upon the Lieutenant Governor. 

[Becommend that section 6 be added to and made a part of sec- 
tion 2.] 

Sec. 77. The Lieutenant Governor shall be president of the 
senate, but shall have only a casting vote therein. If during a 
vacancy in the office of Governor the Lieutenant Governor shall 
be impeached, displaced, resigp, or die, or from mental or physical 
disease, or otherwise become incapable of performing the duties 
of his office, the Secretary of State shall act as Governor until the 
vacancy shall be filled or the disability removed. 

[Recommend that the words "only a casting vote" after the 
words "but shall have," be stricken out and the following inserted 
"But shall have no vote unless they be equally divided." J 

Sec. 78. When any office shall from any cause become vacant^ 
and no mode is provided by the Constitution or law for filling 
such vacancy, the Governor shall have power to fill such vacancy 
by appointment. 

Sec 79. Every bill which shall have passed the Legislative 
Assembly shall before it becomes a law, be presented to the Gov- 



Tuesday, August 13, 1889. 229 



ernor. If he approve, he shall sign, but if not, he shall return it 
with his objections, to the house in which it originated, which 
shall enter the objections at large upon the journal and proceed to 
reconsider it. If after such reconsideration two-thirds of the 
members present shall agree to pass the bill, it shall be sent, to- 
gether with the objections to the other house, by which it shall 
likewise be reconsidered, and if it be approved by two-thirds of the 
members present, it shall become a law; but in all such cases the 
vote of both houses shall be determined by the yeas and nays, and 
the names of the members voting for and against the bill shall be 
enteretl upon the journal of each house respectively. If any bill 
shall not be returned by the Governor within three days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, unless the Legislative Assembly by its adjournment, 
prevent its return, in which case it shall be filed with his objec- 
tion, in the office of the Secretary of State, within fifteen days 
after such adjournment, or become a law. 

[Recommend that all after the words "shall be a law unless" 
down to the words "with his objections" be stricken out and that 
the following be inserted, "he shall file the same," also that the 
last four words be stricken out. ] 

Sec. 80. The Governor shall have power to disaj)prove of any 
item, or items, or part or parts of any bill making appropriations 
of money or property embracing distinct items, and the part or 
parts of the bill approved shall be the law, and the item or items, 
and part or parts disapproved shall be void, unless enacted in the 
following manner: If the Legislative Assembly be in session he 
shall transmit to the house in which the bill originated a copy of 
the item or items or part or paints thereof disapproved together 
with his objection thereto, and the items or parts objected to shall 
be separately reconsidered, and each item or part shall then take 
the same course as is prescribed for the passage of bills over the 
executive vtto. 

Sec. 81. Any governor of this state who asks, receives or agrees 
to receive any bribe upon any understanding that his official 
opinion, judgment or action shall be influenced thereby, or who 
gives or offers, or promises his official influence in consideration 
that any member of the Legislative Assembly shall give his of- 
ficial vote or influence on any particular side of any question or 
matter upon which he may be required to act in his official capac- 
ity, or who menaces any member by the threatened use of his 
veto power, or who offers or promises any member that he, the 
said Governor, will appoint any particular person or persons to 
any office created or thereafter to be created, in consideration that 
any member shall give his official vote or influence on any matter 
pending or thereafter to be introduced into either hou.se of said 
Xegislative Assembly, or who threatens any member that he, the 
said Governor, will remove any person or persons from office or 



230 Journal of the Convention, 



position with intent to in any manner influence the official 
action of said member, shall be punished in the manner now or 
that may hereafter be provided by law, and upon conviction 
thereof shall forfeit all right to hold or exercise any office of trust 
or honor in this state. 

[Recommend that the word "to" after the word "intent" be 
stricken out and that the same word be inserted after the word 
"manner."] 

Sec. 82. There shall be chosen by the qudlified electors of the 
state at the times and places of choosing members of the Legis- 
lative Assembly, a Secretary of State, Auditor, Treasurer, Super- 
intendent of Public Instruction, Commissioner of Insurance, three 
Commissioners of Railroads, Attorney General and Commissioner 
of Agriculture and Labor, who shall have attained the age of 
tw^enty-five years and shall have the qualifications of state electors. 
They shall severally, hold their offices at the seat of government, 
for the term of two years and until their successors are elected 
and duly qualified, but no person shall bo eligible to the office of 
treasurer for more than two consecutive terms. 

[Recommend that this section provide that the officers should 
be citizens of the United States. ] 

Sec. 83. The powers and duties of the Secretary of State, Au- 
ditor, Treasurer, Superintendent of Public Instruction, Commis- 
sioner of Insurance, Commissioners of Railroads, Attorney Gen- 
eral and Commissioner of Agriculture and Labor, shall be as pre- 
scribed by law. 

Sec. 84. Until otherwise provided by law, the Governor shall 
receive an annual salary of three thousand dollars; the Lieuten- 
ant-Governor shall receive an annual salary of one thousand dol- 
lars; the Secretary of State, Auditor, Treasurer, Superintendent 
of Public Instruction, Commissioner of Insurance, Commissioners 
of Railroads, and Attorney General shall each receive^ an annual 
salary of two thousand dollars; the salary of the Commissioner of 
Agriculture and Labor shall be as prescribed by law, but the sal- 
aries of any of the said officer^* shall not be increased or dimin- 
ished during the period for which they shall have been elected, 
and all fees and profits arising from any of the said offices shall 
be covered into the state treasury. 

ARTICLE IV. 

JUDICIAL DEPARTMENT. 

Sec. 85. The judicial power of the State of North Dakota shall 
be vestetl in a supreme court, district courts, county courts, jus- 
tices of the peace, and in such other courts as may be created by 
law for cities, incorporated towns and villages. 

Sec 86. The supreme court, except as otherwise provided in 
this Constitution, shall have appellate jurisdiction only, which 



Tuesday, August 13, 1889. 231 



shall be coextensive with the state and shall have a general sup- 
erintending cdntrol over all inferior courts under such regula- 
tions and limitations as may be prescribed by law. 

Sec. 87. It shall have power to issue writs of habeas corpus, 
mandamus, quo warranto, ceiiwrari, injunction, and such other 
original and remedial writs as may be necessary to the proper ex- 
ercise of its jurisdiction, and shall have authority to hear and de- 
termine the same. Provided, however. That no jury trials shall be 
allowed in said supreme court, but in proper cases questions of 
fact may be sent by said court to a district court for trial. 

Sec. 88. Until otherwise provided by law three terms of the 
supreme court shall be held each year, one at the seat of govern- 
ment, one at Fargo and one at Grand Forks. 

[Recx>m mend that after the word Fargo there be inserted the 
words "in the county of Cass,*' and after the words Grand Forks, 
there be inserted the words, "in the county of Grand Forks."] 

Sec. 89. The supreme court shall consist of three judges, a 
majority of whom shall be necessary to form a ([uorum or pro- 
nounce a decision, but one or more of said judges may adjourn the 
court from day to day or t-o a day certain. 

Sec. 90. The judges of the supreme court shall be elected by 
the qualified electors of the state at large, and except as may be 
otherwise provided herein for the first election for judges under 
this Constitution, said judges shall be elected at general electiojis. 

Sec. 91. The term of office of the judges of the supreme court, 
except as in this article otherwise provided, shall be six years, and 
Rhall hold their offices until their successors are duly qualified. 

[Recommended that after the word "and" the word "they" be 
insertecL] 

Seo. 92. The judges of the supreme court shall, immediately 
nft^r the first election under this Constitution, be classified by lot 
BO that one shall hold his office for the term of three years, one 
:for the term of five years, and one for the term of seven years 
from the first Monday in December, A. D. 1889. The lot shall be 
drawn by the judges who shall for that purpose assemble at the 
Beat of goverment, and they shall cause the result thereof to be 
certified to the Secretary of the territory and filed in his office, 
xinless the Secretary of State of North Dakota shall have entered 
upon the duties of his office in which event said certification shall 
V)e filed therein. The judge having the shortest term to serve, not 
liolding his office by election or appointment to fill a vacancy, 
Bhall be chief justice and shall preside at all terms of the supreme 
c*ourt and in case of his absence the judge having in like manner 
the next shortest term to serve shall preside in his stead. 

Sec. 93. There shall be a clerk and also a reporter of the su- 
Xjreme court, who shall be appointed by the judges thereof, and 
who shall hold their offices during the pleasure of said judges, and 



232 Journal of the Convention, 



whose duties and emoluments shall be prescribed by law and by 
the rules of the supreme court not inconsistent with law. The 
Legislative Assembly shall make provisions for the publication 
and distribution of the decisions of the supreme court and for the 
sale of the published volumes thereof. 

Sec. 94 No person shall be eligible to the office of judge of the 
supreme court unless he be learned in the law, be at least thirty 
years of age and a citizen of the United States, nor unless he shall 
have resided in this state or the Territory of Dakota three years 
next preceding his election. 

Sec. 95. Whenever the population of the State of North 
Dakota shall equal six hundred thousand the Legislative Assembly 
shall have the power to increase the number of the judges of the 
supreme court to five, in which event a majority of said court, as 
thus increased, shall constitute a quorum. 

Sec. 96. No duties shall be imposed by law upon the supreme 
court or any of the judges thereof, except such as are judicial, nor 
shall any of the judges thereof exercise any power of appoint- 
ment except as herein provided. 

Sec. 97. The style of all process shall be "The State of North 
Dakota." All prosecutions shall be carried on in the name and 
by the authority of the State of North Dakota, and conclude 
"against the peace and dignity of the same." 

[Recommend that the word "same" in the last line be stricken 
out and that there be inserted thereof the words "State of North 
Dakota"] 

Sec. 98. Any vacancy happening by death, resignation or 
otherwise in the office of the judge of the supreme court shall be 
filled by appointment, by the Governor, which appointment shall 
continue until the first general election thereafter, when said 
vacancy shall be tilled by election. 

Sec. 99. The judges of the supreme and district courts shall 
receive such compensation for their services as may be prescribed 
by law, which compensation shall not be increased or diminished 
during the term for which a judge shall have been elected. 

Sec. 100. In case a judge of the supreme court shall be in any 
manner intt^rested in a cause brought beforejaaid court, the re- 
maining judges of feaid court shall call one of the district judges 
to sit with them on the hearing of said cause. 

Sec. 101. When a judgment or decree is reversed or affirmed by 
the supreme court, every point fairly arising upon the record of 
the case shall be considered and decided, and the reasons therefor 
shall be concisely stated in writing, signed by the judges con- 
curring, filed in the office of the clerk of the supreme court and 
preserved with a record of the case. Any judge dissenting there- 
from may give the reasons of his dissent in writing over his sig- 
nature. . 



Tuesday, August 13, 1889. 288 



Sec. 102. It shall be the duty of the court to prepare a sylla- 
bus of the points adjudicated in each case, which shall be con- 
curre<l in by a majority of the judges thereof, and it shall be 
prefixed to the published reports of the case. 

DISTRICT COURTS. 

Sec. 103. The district court shall have original jurisdiction 
each within its territorial limits, except as otherwise provided in 
this Constitution, of all causes both at law and e(][uitv, and such 
appellate jurisdiction as may be conferred by law. #They and the 
judges thereof shall also have jurisdiction and power to issue 
writs of habeas corpus, quo wniTayito, cei'tiorariy injunction and 
other original and remedial writs, with authority to hear and de- 
termine the same. 

Sec. 104. The state shall be divided into Six Judicial 
Districts, in each of which there shall be elected at general elec- 
tions, by the electors thereof, one judge of the district court 
therein, whose term of office shall be four years from the first 
Monday in January succeeding his election and until his successor 
is duly qualified. This section shall not be construed as govern- 
ing the farst election of district judges under this Constitution. 

Sec. 105. Until otherwise provided by law said districts shall 
be constituted as follows: 

District No. One shall consist of the counties of Pembina, Cava- 
lier, Walsh, Nelson and Grand Forks. 

District No. Two shall consist of the counties of Bamsey, Towner, 
Benson, Pierce, Bolette, Bottineau, McHenry, Church, Benville, 
Ward, Stevens, Mountraille, Garfield, Flannery and Buford. 

District No. Three shall consist of the counties of Cass, Steele 
and Traill. 

District No. Four shall consist of all of the counties of Bichland, 
Bansom, Sargent, Dickev and Mcintosh. 

District No. Five shall consist of the counties of Logan, La- 
Jloure, Stutsman, Barnes, Wells, Foster, Eddy and Griggs. 

District No. Six shall consist of the counties of Burleigh, 

Emmons, Kidder, Sheridan, McLean, Morton, Oliver, Mercer, 

Williams, Stark, Hettinger, Bowman, Billings, McKenzie, Dunn, 

Wallace and Allred, and that portion of the Sioux Lidian Reser- 

^otion lying north of the Seventh Standard parallel. 

Sec. 106. The Legislative Assemblv may whenever two-thirds 
of the members of each house shall concur therein, but not 
oftener than once in four years, increase the number of said 
judicial districts and the judges thereof; such districts shcdl be 
iormed from compact territory and bounded by county lines, but 
such increase or change in the boundaries of the districts shall 
not work there moval of any judge from his office during the 
term for which he may have been elected or appointed. 

30 



234 Journal of the Convention, 



Sec. 107. No person shall be elegible to the oflSce of district 
judge, unless he be learned in the law, be at least twenty-five 
years old, and a citizen of the United States, nor unless he shall 
have resided within the State or Territory of Dakota at least two 
years next preceding liis election, nor unless he shall at the time 
of his election bean elector within the Judicial District for which 
he is elected. 

Sec. 108. There shall be a Clerk of the District Court in each 
organized county in which a court is holden who shall be elected 
by the qualifiea electors of the county, and shall hold his office 
for the same teYm as other county officers. He shall receive such 
compensation for his services as may be prescribed by law. 

Sec. 109. Writs of error and appeals may be allowed from the 
decisions of the district courts to the Supreme Court under such 
regulations as may be prescribed by law. 

COUNTY COURTS. 

Sec. 110. There shall be established in each county a county 
court, which shall be a court of record open at all times and holden 
by one judge, elected by the electors of the county, and whose 
term of office shall be two years. 

Sec. 111. The County Court shall have jurisdiction in probate 
and testamentary matters, the appointment of administrators and 
guardians, the settlement of the accounts of executors, administra- 
tors and guardians, the sale of lands by executors, administrators, 
and guardians, and such other probate jurisdiction as may be con- 
ferred by law. Provided that whenever the voters of any county 
having a population of two thousani or over shall decide by a 
majority vote that they desire the jurisdiction of said court 
increased above that limited by this constitution, then said County 
Courts shall have concurrent jurisdiction with the District Courts 
in all civil actions where the amount in controversy does not 
exceed one thousand dollars, and in all criminal actions below the 
grade of felony, and in case it is decided by the voters of any county 
to so increase the jurisdiction of said county court, then the jus- 
tices of the peace of such county shall have no exclusive jurisdic- 
tion, and the jurisdiction in cases of misdemeanors arising under 
state laws which may have been conferred upon police magis- 
trates, shall cease. The qualifications of the judge of the County 
Court in counties where the jurisdiction of said court shall have 
been increased shall be the same as those of the district judge 
excej)t he shall bo a resident of the county at the time of his elec- 
tion, and said county judge shall receive such salary for his ser- 
vices as may be provided by law. In case the voters of any county 
decide to increase the jurisdiction of said county courts, then such 
jurisdiction as thus increased shall remain until otherwise provided 
by law. 

[Recommend that all after the words " County Court " in the 



Tuesday, August 13, 1889. 235 



proviso, commencing with the words "then the justices etc," 
down to the words " the jurisdiction in cases etc." be stricken out. J 

JUSTICES OF THE PEACE. 

Sec. 112. The Legislative Assembly shall provide by law for 
the election of justices of the peace in each organized county 
within tlie state. But the number of said justices to be elected 
in each organized county shall be limited by law to such a number 
as shall be necessary for the proper administration of justice. 
The justices of the peace herein provided for shall have concur- 
rent jurisdiction with the district court in all civil actions when 
the amount in controversy, exclusive of costs, does not exceed two 
hundred dollars. And in counties where no county court with 
criminal jurisdiction exists they shall have such jurisdiction to 
hear and determine cases of misdemeanor as may be provided by 
law, but in no case shall said justices of the peace have jurisdic- 
tion whA the boundaries of or title to real estate shall come in 
question. The Legislative Assembly shall have power to abolish 
tlie office of justice of the peace and confer that jurisdiction upon 
judges of county courts, or elsewhere. 

POLICE MAGISTRATES. 

Sec. 113. The Legislative Assembly shall provide by law for 
the election of police magistrates in cities, incorporated towns, 
and villages, who in addition to their jurisdiction of all cases 
arising under the ordinances of said cities, towns and villages, 
shall be ex-officio justices of the peace of the county in which 
said cities, towns and villages may be located. And the Legisla- 
tive Assembly may confer upon said police magistrates the juris- 
diction to hear, try and determine all cases of misdemeanors, and 
the prosecutions therein shall be by information. 

Sec. 114. Appeals shall lie from the county court, final decis- 
ions of justices of the peace, and police magistrates in such cases 
and pursuant to such regulations as may be prescribed by law. 

MISCELLANEOUS. 

Sec. 115. The time of holding courts in the several counties of 
a district shall be as provided by law, but at least two terms of the 
district court shall be held annually in each organized county, and 
the Legislative Asssembly shall make provision for attaching un- 
organized counties or territories to organized counties for judicial 
purposes. 

Sec 116. Judges of the district courts may hoH court in other 
districts than their own under such regulations as shall be pre- 
scribed by law. 

Sec 117. No judge of the supreme or district court shall act 
as attorney or counsellor at law. 



236 Journal of thb Convention, 



Sec. 118. Until the Legislature shall provide by law for fixing 
the terms of courts the judges of the supreme and district courts 
shall fix the terms thereof. 

Sec. 119. No judge of the supreme or district court shall be 
elected or appointed to any other than judicial offices or be 
eligible thereto during the term for which he was elected or ap- 
pointed such judge. All votes or appointments for either of them 
for any elective or appointive office except that of judge of 
the supreme court or district court, given by the Legislative As- 
sembly or the people, shall be voidL 

Sec. 120. Tribunals of conciliation may be established with 
such powers and duties as shall be prescribed by law, or the 
powers and duties of such may be conferred upon other courts of 
justice; but such tribunals or other courts when sitting- as such, 
shall have no power to render judgment to be obligatory on the 
parties, unless they voluntarily submit their matters of difiference 
and agree to abide the judgment of such tribunals or courts. 

AETICLE V. 

ELECTIVE FRANCHI8K 

Sec. 121. Every male person of the age of twenty-one years 
or upwards belonging to either of the following classes, who shall 
have resided in the state one year, in the county six months and 
in the precinct ninety days next preceding any election, shall be 
deemed a qualified elector at such election: 

First: Citizens of the United States. 

Second: Persons of foreign birth who shall have declared their 
intention to become citizens, one year and not more than six years, 
prior to such election, conformably to the naturalization laws of 
the United States. 

Third: Civilized persons of Indian descent who shall have 
severed their tribal relations two years next preceding such elec- 
tion. 

Sec. 122. The Legislative Assembly shall be empowered to 
make further extensions of sufiFrage hereafter, at its discretion to 
all citizens of mature age and sound mind, not convicted of crimes, 
without regard to sex, [recommend that all after the word "sex" be 
striken out and the following inserted: "But no law extending or 
restricting the right of suffrage shall be enforced until adopted by 
a majority of the electors of the state voting at a general election." J 
but shall not extend or restrict the right of suffrage without first 
submitting the question to the voters, to be by them ratified by 
a majority vote. 

Sec. 123. Electors shall in all cases except treason, felony, 
breach of the peace or illegal voting, be privileged from arrest on 
the days of election during their attendance at, going to and re- 



TuKSDAT, August 13, 1889. 



tarniog from such election, and no elector ahell be obliged to per- 
form military duty on the day of election, except in time of war 
or public danger. 

Sec. 124 The ^neral elections of the state shall be bi-enuial- 
ly, and shall be held on the first Tuesday after the &rst Monday 
in November. Provided, That the first general election under 
this Constitution shall be held on the first Tuesday after the first 
Monday in November, A. 1). 1890. 

Sec. 125. No elector shall be deemed to have lost his residence 
in this state by reason of his absence on business of the United 
States or of this state, or in the military or naval service of the 
United States. 

Sec. 126. No soldier, seaman or marine in the army or na\'y of 
the United States shall be deemed a resident of this state in con- 
sequence of bis being stationed therein. 

Sec. 127. No person under guardianship, non coinpos mentis or 
insane, shall be qualified to vote at any election, nor shall any 
person convicted of treason or felony, unless restored to civil 
rights. 

[llecommend that after the word "person" in the first line there 
be inserted the words "who is."] 

Sec. 128. Any woman having the ({ualificatiuus enumerated in 
eectiou 1 of this article as to age, residence and citizenship, and 
iucluding those now (pialified by the laws of the territory, may 
vote at any election hold solely for school purposes. 

Sec. 129. All elections by the iieoplo sliall be by secret ballot, 
sabject to such regulations as shall be provided by law. 

ARTICLE VL 

HDNICIFAL COBPOBATIONH. 

Sec. 130. The Legislative Assembly shall provide by 
general law for the organization or municipal (;or{)orations, re- 
stricting their powers as to levyinR taxes and assessments, bor- 
rowing money and contracting debts, and money raised by taxa- 
tion, loan or assctisment for one purpose shall not be diverted to 
any other purpose except by authority of law. 

Sec. 131. No city, town, village or otlier municipal corporation 
of this state shall ever be<-onie the subscriber to the capital stock 
or owner of such stock, or any portion or interest therein, of any 
railroad, private corporation or association. 

t Recommend that this section be stricken out, so the same is 
y covered by section '101, the article on public debt and public 
works. ] 

SEa 132. No municipal corporation shall ever become indebt- 
ed in any manner or for any purpose in any amount in the 
i includiug existing indebtedness, exceeding four per 



238 Journal of the Convention, 



centum upon the value of the taxable property within such cor- 
poration, to be ascertained from the last assessment for state and 
county taxes previous to the incurring of the indebtedness, and 
all bonds or obligations in excess of such amount, except as here- 
inafter provided, given by such corporation, shall be void; provided, 
however, that any incorporated city may become indebted in any 
amount not exceeding four per centum on the value of such tax- 
able property without regard to the existing indebtedness of such 
city, for the purpose of constructing or purchasing water works 
for furnishing a supply of water to the citizens of such city, or for 
the purpose of constructing sewers, and for no other purpose 
whatever. 

[Recommend this section be stricken out and a proviso 
incorix)rated with section two (2) of the article on Public Debt 
and Public Works.] 

ARTICLE VII. 

corporations other than municipal. 

Sec. 133. No charter of incorporation shall be granted, changed 
or amended by special law, except in the case of such municipal, 
charitable, educational, penal or reformatory corporations as may 
be under the control of the state; but the Legislative Assembly 
shall provide by general laws for the organization of all corpora- 
tions hereafter to be created, and any such law, so passed, shall be 
subject to future repeal or alteration. 

Sec. 134. All existing charters or grants of special or exclu- 
sive privileges, under which a bona fide organization shall not 
have taken place and business been commenced in good faith at 
the time this Constitution takes effect, shall thereafter have no 
validity. 

Sec. 135. The Legislative Assembly shall not remit the for- 
feiture of the charter to any corporation now existing, nor alter or 
amend the same, nor pass any other general of special law for the 
benefit of such corporation, except upon the condition that such 
corporation shall thereafter hold its charter subject to the provi- 
sions of this constitution. 

Sec. 136. The exercise of the right of eminent domain shall 
never be abridged, or so construed as to prevent the Legislative 
Assembly from taking the property and franchises of incorporated 
companies and subjecting them to public use, the same as the 
property of individuals; and the exercise of the police power of 
this state shall never be abridged, or so construed as to permit 
corporations to conduct their business in such a manner as to in- 
fringe the equal rights of individuals or the general well-being of 
the state. 

Sec. 137. In all elections for directors or managers of a cor- 
poration, each member or share-holder may cast the whole number 



r 



Tuesday, August 13, 1889. 239 



f his votes for one candidate, or distribute them upon two or more 
<:3andidates, as he may prefer. 

Sec. 138. No foreign coporation shall do business in this state 
^^^thout having one or more places of business and an authorized 
«^^ent or agents in the same, upon whom process may bo served. 

Sec. 139. No corporation shall engage in any business other 
an that expressly authorized in its charter. 

Sec. 140. No corporation shall issue stock or bonds except for 
oney, labor done, or money or property actually received; and 
11 ficticious increase of stock or indebtedness shall be void. 

The stock and indebtedness of corporations shall not be increased 
3cept in pursuance of general law, nor without the consent of the 
X^>ersons holding the larger amount in value of the stock first ob- 
't: seined at a meeting to be held after sixty days' notice given in pur- 
i=$~uance of law. 

Sec. 141. No law shall be passed by the Legislative Assembly 
anting the right to construct and operate a street railroad, tele- 
japh, telephone or electric light plant within any city, town or 
corporated village, without requiring the consent of the local 

^"nthorities having the control of the street or highway proposed 

t:<z> be occupied for such purposes. 

Sec. 142. Every railroad corporation organized and doing busi- 
iTi^jss in this state, under the laws or authority thereof, shall have 
f^jrid maintain a public office or place in the state for the transac- 
fc"i on of its business, where transfers of its stock shall be made and 
i XX which shall be kept for public inspection, books in which shall 
t^^3 recorded the amount of capital stock subscribed, and by whom, 
^Ixe names of the owners of its stock and the amount owned by 
t-lxem respectively; the amount of stock paid in and by whom, and 
tlx<» transfers of said stock; the amounts of its assets and liabili- 
ti ^s and the names and place of residence of its officers. The di- 
^^<?tors of every railroad corporation shall annually make a report, 
^ x.xder oath, to the auditor of public accounts, or some officer or 
^^iicers to be designated by law, of all their acts and doings, which 
^^ jx>rt shall include such matters relating to railroads as may be 
Px* ascribed by law, and the Legislative Assembly shall pass laws 
^xxiorcing by suitable penalties the provisions of this section. Pro- 
viding the provisions of this section shall not be construed as to 
^ J:>ply to foreign corporations. 

Sec. 143. No railroad corporation shall consolidate its stock, 
px^operty or franchises with any other railroad corporation owning 
\ \3arallel or competing line; and in no case shall any consolida- 
tic>ii take place except upon public notice given at least sixty days 
to all stockholders, in such manner as may be provided by law. 
Xny attempt to evade the provisions of this section, by any rail- 
road corporation, by lease or otherwise, shall work a forfeiture of 
its charter. 



240 Journal of the Convention, 



Seo. 144 Railways heretofore constructed or that may here- 
after be constructed in tliis state are hereby declared public high- 
ways, and all railroad, sleeping car, telegraph, telephone and trans- 
portation companies of passengers, intelligence and freight, are 
declared to be common carriers and subject to legislative control; 
and the Legislative Assembly shall have power to enact laws regu- 
lating and controlling the rates of charges for the transportation 
of passengers and freight, as such common carriers from one 
point to another in this state. 

[Recommend that the word "intelligence" be inserted after 
the word "passengers" in the next to the last line.] 

Sec. 145. Any association or corporation organized for the pur- 
pose shall have the right to construct and operate a railroad be- 
tween any points within this state, and to connect at the state line 
with the railroads of other states. Every railroad company shall 
have the right with its road to intersect, connect with or cross any 
other railroad; and shall receive and transport each other's pass- 
engers, tonnage and cars, loaded or empty, without delay or dis- 
crimination. 

Sec. 140. Municipal and corporations and individuals invested 
with the privilege of taking private property for public use, shall 
make just compensation for property taken, injured or destroyed 
by the construction or enlargement of their w^orks, highways or 
imj)rovements, which compensation shall be paid or secured before 
such taking, injury or destruction. The Legislative Assembly is 
hereby prohibited from depriving any person of an appeal from 
any preliminary assessment of damages against any such corpora- 
tions or individuals, made by viewers or otherwise; and the amount 
of such damage in all cases of api)eal shall, on demand of either 
party, be determined by a jury as in other civil cases. 

[Recommend that section be stricken out as the ground is 
covered by section 14 of the Bill of Rights.] 

Sec. 147. The term *'cx)rporation," as used in this article, shall 
not be understood as embracing municipalities or political divis- 
ions of the State unless otherwise expressly stated, but it shall be 
held and construed to include all associations and joint stock com- 
panies having any of the powers or privileges of corporations not 
possessed by individuals or partnerships. 

Sec. 148. If a general banking law be enacted, it shall provide 
for the registry and countersigning by an officer of the state, of all 
notes or bills designed for circulation, and that ample security to 
the full amount thereof shall be deposited with the state treasurer 
for the redemption of such notes or bills. 

Sec. 149. Any combination between individuals, corporations, 
associations, or either having for its object or effect the controlling 
of the price of any product of the soil or any article of manufact- 
ure or commerce, or the cost of exchange, is prohibited and hereby 



Tuesday, August 13, 1889. 241 



declared unlawful and against public policy; and that any and all 
franchises heretofore granted or extended, or that may hereafter be 
granted or extended in this state, whenever the owner or owners 
iihereof violate this article shall be deemed annulled and become 
void, and their property within the state escheated, 

ARTICLE VIII. 

EDUCATION. 

Sec. 150. A high degree of intelligence, patriotism, integrity 
and morality on the part of every voter in a government by the 
people being necessary in order to insure the continuance of 
that government and the prosperity and happiness of the people, 
the legislature shall make provision for the establishment and 
maintenance of a system of public schools which shall be open to 
all children of the state of North Dakota and free from sectarian 
control. This legislative requirement shall be irrevocable without 
the consent of the United States and the people of North Dakota. 

Sec. 151. The Legislative Assembly shall provide at their first 
session, after the adoption of this Consitution, for a uniform sys- 
tem of free public schools throughout the state; beginning with 
the primary and extending through all grades up to and includ- 
ing the normal and collegiate course. 

Sec. 152. In all schools instruction shall be given as far as 
practicable in those branches of knowledge that tend to impress 
upon the mind the vital importance of truthfulness, temperance, 
purity, public spirit, and respect for honest labor of every kind. 

Sec. 153. A State Superintendent of Public Instruction shall 
be elected by the qualified electors of the state at each guberna- 
torial election after the adoption of this Constitution, whose quali- 
fications, powers, duties and compensation shall be prescribed by 
law. 

[Recommend that section 4 be stricken out as its provisions 
are included in the executive department ] 

Sec. 154 A Superintendent of Schools for each county shall 
be elected every two years, whose qualifications, duties, powers and 
compensation shall be fixed by law. 

Sec. 155. The Legislative Assembly shall take such other steps 
as may bo necessary to prevent illiteracy, secure a reasonable de- 
gree of uniformity in course of study, and to promote industrial, 
scientific and agricultural improvement. 

Sec 156. All colleges, universities and other educational insti- 
tutions, for the support of which lands have been granted to this 
state, or which are supported by a public tax, shall remain under 
the absolute and exclusive control of the state. No money raised 
for the support of the public schools of the state shall be appro- 
priated to or used for the support of any sectarian school. 

31 



242 JoiTRNAIi OF THE CoNVBKTIOK, 

AETICLE IX. 

SCHOOL AND PUBLIC LANDS. 

Sec. 157. All proceeds of the public lands that have hereto- 
fore been, or may hereafter be granted by the United States for 
the support of the common schools in this state; all such per 
centum as may be granted by the United States on the sale of 
public lands; the proceeds or property that shall fall to the state 
by e8(!heat; the proceeds of all gifts and donations to the state 
for common schools, or not otherwise appropriated by the terms 
of the gift, and all other property otherwise acquired for common 
schools, shall be and remain a perpetual fund for the mainten- 
ance of the common schools of the state. It shall be deemed a 
trust fund, the principal of which shall forever remain inviolate 
and may be increased but never diminished. The state shall 
make good all losses thereof. 

Sec 158. The interest and income of this fund together with 
the net proceeds of all fines for violation of state laws, and all 
other sums which may be added thereto by law, shall be faithfully 
used and applied each year for the benefit of the common schools 
of the state, and shall be for this purpose apportioned among 
and between all the several common school corporations of the 
state in proportion to the number of children in each of school 
age, as may be fixed by law; and no part of the fund shall ever be 
diverted even temporarily from this purpose or used for any 
other purpose whatever than the maintenance of common schools 
for the equal benefit of all the people of the state; Provided, how- 
ever, That if any portion of the interest or income aforesaid be 
not expended during any year, said portion shall be added to and 
become a part of the school fund. 

Sec. 159. After one year from the assembling of the First Leg- 
islative Assembly, the lands granted to the state from the United 
States for the support of the common schools, toay be sold upon 
the following conditions and no other: No more than one-fourth 
of all such lands shall be sold within the first five years after the 
same become saleable by virtue of this section. No more than 
one-half of the remainder within ten years after the same become 
saleable as aforesaid. The residue may be sold as soon as the 
same becomes saleable. The Legislative Assembly shall provide 
for the sale of all school lands subject to the provisions of this 
Article. 

Sec 160. The Superintendent of Public Instruction, Gover- 
nor, Attorney-General, Secretary of State and State Auditor, shall 
constitute a Board of Commissioners, which shall be denominated 
the "Board of University and School Lands," and subject to the 
provisions of this Article and any law that may bo passed by the 
Legislative Assembly, and said board shall have control of the 
appraisement, sale, rental and disposal of all school and uni- 



Tuesday, August 13, 1889. 243 



versity lands, and shall direct the investment of the funds arising 
therefrom in the hands of the State Treasurer, under the limita- 
tions in section 164 of this Article. 

Sec. 161. The county superintendent of common schools, the 
chairman of the county board, and the county auditor shall con- 
stitute boards of appraisal and under the authority of the state 
board of university and school lands shall appraise all school 
lands within their respective counties which they may from time 
to time recommend for sale at their actual value under the pre- 
scribed terms and shall first select and designate for sale the most 
valuable lands. 

Sec. 162. No land shall be sold for less than the appraised 
value and in no case for less than ten dollars per acre. The 
purchaser shall pay one-fifth of the price in cash, and the remain- 
ing four-fifths as follows: One-fifth in five years, one-fifth in ten 
years, one-fifth in fifteen years and one-fifth in twenty years, with 
interest at the rate of not less than six per centum payable 
annually in advance. All sales shall be held at the county seat 
of the county in which the land to be sold is situate and shall be 
at public auction and to the highest bidder, after sixty days adver- 
tisement of the same in a newspaper of general circulation in the 
vicinity of the lands to be sold, and one at the seat of the govern- 
ment. Such lands as shall not have been specially subdivided shall 
l>e offered in tracts of one quarter section, and tliose so subdivided 
in the smallest subdivisions. All lands designated for sale and 
not sold within two years after appraisal shall be reappraised be- 
fore they are sold. No grant or patent for any such lands shall 
issue until payment is made for the same. Provided, That the 
lands contracted to be sold by the state, shall be subject to taxa- 
tion from the date of such contract. In case the taxes assessed 
against any of said lands for anv year remain unpaid until the 
first Monday in Octol)er of the following year, then and thereupon 
the contract of sale for such lands shall become null and void. 

Sec. 163. All land, money or other property donated, granted 
or received from the United States or any other source for a 
University, School of Mines, lleform School, Agricultural College, 
Deaf and Dumb Asylum, Normal School or other educational or 
charitable institution or purpose. And the proceeds of all such 
lands and other property so received from any source, shall be and 
remain peri>etual funds, the interest and income of which together 
with the rents of all such land as may remain unsold shall be 
inviolably appropriated and applied to the specific objects of the 
original grants or gifts. The principal of every such fund may be 
increasedbut shall never be diminished, and the interest and income 
only shall be used. Every such fund shall bo deemed a trust fund 
held by the state, and the state shall make good all losses thereof. 

Sec 164. All lands mentioned in the preceding section shall 
be appraised and sold in the same manner and by the same limi- 



244 Journal of the Convention, 



tations and subject to all the conditions as to price and sale as 
provided above for the appraisal and sale of lands for the benefit 
of common schools; but a distinct and separate account shall be 
kept by the proper officers of each of said funds. Provided, That 
the limitations as to the time in which school land may be sold 
shall apply only to lands granted for the support or common 
schools. 

Sec. 165. The Legislative Assembly shall have authority to 
provide by law for the leasing of lands granted to the state for 
educational and charitable purposes; but no such law shall author- 
ize the leasing of said lands for a longer period than five years. 
Said land shful only be leased for pasturage and meadow purposes 
and at public auction after notice as heretofore provided in case of 
sale. Provided that all of said school lands now under cultivation 
may be leased for other than pasturage and meadow purposes un- 
til sold. All rents shall be paid in advance. 

[Recommend to add after the words "five years" the words "in 
quantities not exceeding one section to any one person or com- 
pany."] 

Sec. 166. The moneys of the permanent school fund and other 
educational funds shall be invested only in bonds of school cor- 
porations within the state, bonds of the United States or bonds of 
the state of North Dakota or in first mortgages on farm lands in the 
state, not exceeding in amount one-third of the actual value of any 
subdivision on which the same may be loaned, such value to be 
determined by the board of appraisers of school lands. 

Sec. 167. No law shall ever be passed by the Legislative Assem- 
bly granting to any person, corporation or association any privil- 
eges by reason of the occupation, cultivation or improvement of 
any public lands by said person, corporation or association subse- 
quent to the survey thereof by the general government No claim 
lor the occupation, cultivation or improvement of any public lands 
shall ever be recognized, nor shall such occupation, cultivation or 
improvement of any public lands ever be used to diminish either 
directly or indirectly the purchase price of said lands. 

Sec. 168. The Legislative Assembly shall have authority to 
provide by law for the sale or disposal of all public lands that 
have been heretofore, or may hereafter be granted by the United 
States to the state for purposes other than set forth and named in 

sections — and of this article. And the Legislative Assembly 

shall provide for the appraisement, sale, rental and disposal of the 
same shall not be subject to the provisions and limitations of this 
article. 

[Recommend to strike out the word "shall provide" after the 
words " Legislative Assembly," in the last clause, and insert the 
word "in providing."] 

Sec. 169. The Legislature shall pass suitable laws for the safe 
keeping, transfer and disbursement of the state school funds; and 



Tuesday, August 13, 1889. 245 



shall require all officers charged with the same or the safe keeping 
thereof to give ample boucls for all mooeys and funds received by 
them, and if any or said officers shall convert to his own use in 
any manner or lorm, or shall loan with or without interest or shall 
deposit in his own name, or otherwise than in the name of the 
state of North Dakota or shall deposit in any banks or with any 
person or persons, or exchange for c ther funds or property any 
portion of the school funds aforesaid or purposely allow any por- 
tion of the same to remain in his hands uninvested except in the 
manner prescribed by law, every such act shall constitute an em- 
bezzlement of BO much of the aforesaid school funds as shall be 
thus taken or loaned, or deposited, or exchanged, or withheld and 
shall be a felony; and any failure to pay over, produce or account 
for, the state school funds or any part of the same entrusted to 
any such officer, as by law required or demanded, shall be held 
and be taken to be prima facie evidence of such embezzlement. 

AETICLE X. 

COUNTY AND TOWNSHIP ORGANIZATION. 

Sec. 170. The several counties in the Territory of Dakota lying 
north of the Seventh Standard Parallel, as they now exist, are 
hereby declared to be counties of the State of North Dakota. 

Sec. 171. The Legislative Assembly shall provide by general 
law for organizing new counties, locating the county seats thereof 
temporarily, and changing county lines; but no new county shall 
be organized nor shall any organized county be so reduced as to 
include an area of less than twenty-four congressional townships, 
and containing a population of less than one thousand hova fide 
inhabitants. And in the organization of new counties and in 
changing the lines of organized counties and boundaries of con- 
gressional townships and natural boundaries shall be observed as 
nearly as may be. 

Sec. 172. All changes in the boundaries of organized counties 
l)efore taking effect shall be submitted to the electors of the county 
or counties, to be effected thereby at a general election and be 
^opted by a majority of all the legal votes cast in each county at 
«uch election ; and in case any portion of an organized county is 
tricken off and added to another, the county to which such por- 
tion is added shall assume and be holden for an equitable porpor- 
^ion of the indebtedness of the county so reduced as the part sev- 
ered bears to the whole cqfinty from which it is severed. 

[Recommend that all after the word "reduced" be stricken out. 

Sec. 173. The Legislative Assembly shall provide by general 
law for changing county seats in organized counties, but it shall 
lave no power to remove the county seat of any organized county. 

Sec 174. The Legislative Assembly shall provide by general 
law for township organization under which any county may organ- 



246 Journal of the Convention, 



ize whenever a majority of the legal voters of such county, voting 
at any election called for that purpose, shall so determine, and 
townships when organized shall be bounded as near as may be by 
congressional township lines, and natural boundaries; and upon a 
petition signed by not less than one fourth of the legal voters, as 
shown by the preceding election, of any county organized into 
civil townships, asking that the question of the establishment of a 
county board, to be composed of the chairmen of the several boards 
of township supervisoi's, be submitted to the electors of the county, 
it shall be the duty of the county board to submit the same at the 
next election thereafter, and if at such election a majority of such 
electors shall vote in favor of such proposition, then the county 
board of such county shall consist of such chairmen of the 
several boards of township supervisors, and ef such others as may 
by law be provided for any incorporated city or village within 
such county. 

[Recommend that the whole section be stricken out for the 
reason that it is ambiguous and confusing.] 

Sec. 175. The Legislative Assembly shall provide by general 
law for such county, township and district officers as may be 
deemed necessary, and shall prescribe the duties and compensa- 
tion of all county, township and district officers. Provided, That 
all county offices shall recieve a fixed salary. For the purpose of 
providing for and regulating the compensation of county officers, 
the Legislative Assembly shall, by law, classify the several coun- 
ties of tlie state according to population, and shall grade and fix 
the compensation of the officers within the respective classes ac- 
cording to the population thereof. Such law shall establish scales 
of fees to be charged and collected by such of the county officers 
as may be designated therein, for services to be performed by them 
respectively. All fees, perquisites and emoluments shall be paid 
into the county treasury. 

[Recommend to strike out the words "all county, township and 
district officers" and insert in lieu thereof the words "the same." 
Also strike out all of the proviso. ] 

Sec. 176. All county, township and district officers shall be 
electors in the county, township, or district in which they are 
elected, except as otherwise provided in this Constitution. 

Sec. 177. The Sheritf and Treasurer of any county shall not 
hold their respective offices for more than four years in succession. 

ARTICLE XL- 
REVENUE AND TAXATION. 

Sec. 178. The Legislative Assembly shall provide for raising 
revenue sufficient to defray the expenses of the state for each year, 
not to exceed in any one year four (4) mills on the dollar of the 
assessed valuation of all taxable property in the state, to be ascer- 



Tuesday, August 13, 1889. 



tained by the last asBeasment maile for state and couoty purposefi, 
niid also a Hiifficient sum to pay tlie iDterest on the state debt 

Sec. 179. No tax aliall be lovied oscept in purHuancc of law, and 
every law imposing a tax shall state distinctly the object of the 
Hailte, to which only it shall be applied. 

Hec 1>jO. Jjaws shall bo paused taxing by nniform rule all 
property accortliiig to its true value in money, but the property of 
the United States and the state, ooiiiity and municipal cor [Mirations, 
Iwth real and personal, shall l)e exempt friiiu taxation, and the 
Legislative Assembly shall by a general law exempt |fnHii taxation 
projwrty uaeil exclunively for school, religions, cemetery or (dmri- 
table purposes and personal i>roi>erty to any amount n<it ex(;eed- 
ing in value two huudretl dollars for each individual liable to 
taxation. 

Sec 181. Cultivated and uncultivated lands of the same 
quality and similarly situated, shall bea-ssessed at the same value. 

Sec. 182. The [xiwer of taxation shall never lie surrendered or 
suspended by any grant or contract to which the state or any 
connty or other municipal coiporation shall be a party. 

Sec. 1B3. All property, except as hereinafter in this section 
provided, shall be assessed in the connty, city, township, town, 
village or district in the manner prescribad Iiy law. The fran- 
chise, roa<lway, roadbed, rails and rolling stock of all railroads 
operated in this state shall be assessed by the state board of 
e(|ualization at their actual value and the same shall be apiKir- 
tioned to the counties, cities, towns, townships and districts in 
■which said roads arc located, in proportion to tlio number of miles 
of railway laid in such counties, cities, towns, townshi]is and 
(listricts; Provided, That fi>rthe purpose of assessment and taxa- 
tion, such railroad shall not be valueil at less than three thousand 
dollars per mile. 

[Kecommend that the words "in which it is situated" be in- 
serte<l after the word "district" where it first occurs in the sec- 
tion. ] 

Sec. 184 The Le^slative Assembly may provide for the le\'y, 
collection and disposition of an annual poll tax of not more than 
one dollar and fifty cents ($1.50) on every male rnbabitant of this 
state over twenty-one and under fifty years of age, except paupers, 
idols, insane persons and Indians not taxed. 

Sec. 185. The Legislative Assembly shall pass all laws neces- 
sary to carry out the provisions of this article. 

ARTICLE XII. 

PUBLIC DEBT AND PUBLIC WORKS. 

Sec. 18fi. The state may, to meet casual deficits or failure in 
the revenue, or in case of extraordinary emergencies, contract debts, 



248 Journal of the Convention, 



but such debts shall never in the aggregate exceed the sum of two 
hundred thousand dollars, exclusive of what may be the debt of 
North Dakota at the time of the adoption of this Constitution. 
Every such debt shall be authorized by law for certain purposes to 
be definitely mentioned therein, and every such law shall pro\ade 
for levying an annual tax sufficient to pay the interest semi-an- 
nually, and the principal within thirty years from the passage of 
such law, and shall specially appropriate the proceeds of such tax 
to the payment of said principal and interest, and such appropria- 
tion shall not be repealed nor the tax discontinued until such debt, 
both principal and interest, shall have been fully paid. No debt 
in excess of the limit named shall be incurred except for the pur- 
pose of repelling invasion, suppressing insurrection, defending 
the state in time of war, or to provide for public defense in case of 
thieatened hostilities. 

Sec. 187. The debt of any county, township, city, town, school 
district or any other subdivision, shall never exceed five (5) per 
centum upon the assessed value of the taxable property therein, 
except as otherwise specified in this Constitution ; Provided, That 
any city may, by a two-thirds vote, increase such indebtedness 
three (3) percent, beyond said five (5) per cent limit. In esti- 
mating the indebtedness which a city, county or township or any 
sulxiivision thereof may incur, the amount of indebtedness con- 
tracted prior to the adoption of this Constitution shall be included. 

f R(^commend that the following bo substituted for above sec- 
tion 1.] 

Sec. 188. The debt of any county, township, town, school district 
or any other political subdivision, shall never exceed five (5) per- 
centum upon the assessed value of the taxable property therein; 
Pnwidrd, that any incorporated city may, by a two-thirds vote, 
increase such indebtedness three (3) per centum on such assessed 
value beyond said five (5) per cent, limit. In estimating the 
indebtedness which a city, county, township, school district or 
any other political subdivision may incur, the entire amount of 
existing indebtedness, whether contracted prior or subsequent to 
the adoption of this constitution shall be included. Provided^ 
further, that any incori)orated city may become indebted in any 
amount not exceeding four (4) per centum on such assessed value 
without regard to the existing indebtedness of such city, for the 
purpose of constructing or purchasing water works for furnishing 
a supply of water to the inhabitants of such city, or for the pur- 
pose of constructing sewers, and for no other purpose whatever. 
All bonds or obligations in excess of the amount of indebtedness 
permitted by this constitution, given by any city, county, town- 
ship, town, school district, or any other political sulxiivision, shall 
be void. 

Sec. 189. Any city, county, town, school district or any other 
subdivision incurring indebtedness shall, at or before the time of 



r 



Tuesday, August 13, 1889. 249 



so doing, provide for the collection of an annual tax sufficient to 
pay the interest and also the principal thereof when due, and all 
laws or ordinances providing for the payment of the interest or 
principal of any debt shall be irrepealable until such debt be paid. 

|"Recommend that the word "township" be inserted after the 
word "county" in the first line, also insert the word "any" before 
the word "other" in line 2, and the word "political" before the word 
"subdivision.! 

Sec. 190. Jf either the state nor any county, township or muni- 
cipality shall loan or give its credit or make donation to or in aid 
of any individual, association, or corporation except for necessary 
support of the poor, nor subscribe to or become the owner of the 
capital stock of any association or corporation, nor shall the state 
engage in any work of internal improvement unless authorized by 
a two-thirds vote of the people. 

[Recommend that the word "municipality," be stricken out and 
insert after the word "county" in the first line the word "city," and 
after the word "township" insert the words "towns, school districts 
or any other political subdivision."] 

Sec. 191. No money shall be paid out of the state treasury ex- 
cept upon appropriation by law and on warrant drawn by the 
proper officer and no bills, claims, accounts or demands against the 
state, or any county or other subdivision, shall be audited, allowed 
or paid until a full itemized statement in writing shall be filed 
with the officer or officers, whose duty it may be to audit the same. 

[Recommend to insert the word "political" before the word 
"subdivision."] 

Sec. 192. No bond or evidence of indebtedness of the state 
shall be valid unless the same shall have indorsed thereon a certi- 
ficate, signed by the Auditor and Secretary of State showing that 
the bond or evidence of debt is issued pursuant to and falls within 
the debt limit No bond or evidence of debt of any county, or 
bond of any township or other subdivision of a county shall be 
valid unless the same have been endorsed thereon a certificate 
signed by the county auditor, or other officer authorized by law to 
sign such certificate, stating that said bond, or evidence of debt, is 
issued pursuant to law and is within the debt limit. 

[Recommended to strike out the wor;l "falls" and insert the 
word "is," and insert the word "political" before the word "subdi- 
vision," and after the word "subdivision" strike out the words, "of 
a county."] 

ARTICLE XIII. 

MILITIA. 

Sec. 193. The milita of this state shall consist of all able- 
bodied male persons residing with the state, between the ages of 
eighteen and forty-five years, except such as may be exempted by 
the laws of the United States or of this state. Persons whose 

32 



250 Journal of the Convention, 



religions tenets or conscientious scruples forbid them to bear 
arjns shall not be compelled to do so in times of peace, but shall 
pay an equivalent for a personal service. 

8ec. 194. The milita shall be enrolled, organized, uniformed, 
armed and disciplined in such a manner as shall be provided by 
law, not incompatible with the Constitution or laws of the United 
States. 

Sec. 195. The Legislative Assembly shall provided by law for 
the establishment of volunteer organizations of the several arms 
of the service, which shall be classed as active militia. 

Sec. 196. All militia officers shall be appointed or elected in 
such a manner as the Legislative Assembly shall provide. 

Sec. 197. The commissioned officers of the militia shall be 
commissioned by the Governor, and no commissioned officer shall 
be removed from office except by sentence of court martial, pursu- 
ant to law. 

Sec. 198. The militia forces shall in all cases, except treason, 
felony or breach of the peace, be privileged from arrest during 
their attendance at musters, parade.) and elections of officers, 
and in going to and returning from the same. 

ARTICLE XTV. 

impeachment ANT) REMOVAL FROM OFFICE. 

Sec. 199. The House of Kepresentatives shall have the sole 
power of impeachment The concurrence of a majority of all 
members elected shall be necessary to an impeachment. 

Sec. 200. All impeachments shall be tried by the senate. 
When sitting for that purposes the senators shall be upon oath or 
affirmation to do justice according t^ the law and evidence. No 
person shall be convicted without the concurrence of two-thirds 
of the members elected. When the Governor or Lieutenant Gov- 
ernor is on trial, the presiding judge of the supreme court shall 
preside. 

Sec 201. The Governor and other state and judicial officers, ex- 
cept county judges, justices of the peace and police magistrates, shall 
be liable to impeachment for habitual drunkenness, crimes, cor- 
rupt conduct, or malfeasance or misdemeanor in office, but judg- 
ment in such cases shall not extend further than removal from 
office and disqualification to hold any office of trust, or profit 
under the state. The person accused, whether convicted or 
acquitted, shall nevertheless be liable to indictment, trial, judg- 
ment and punishment according to law. 

Sec 202. All officers not liable to impeachment shall be sub- 
ject to removal for misconduct, malfeasance, crime or misde- 
meanor in office, or for habitual drunkenness or gross incom- 
petency in such manner as may be provided by law. 



Tuesday, August 13, 1889. 251 

Sec. 203. No officer shall exercise the duties of his office after 
he shall have been impeached and before his acquittal. 

Sec. 204. On trial of impeachment against the Governor, the 
Lieutenant Governor shall not act as a member of the court 

Sec. 205. No person shall be tried on impeachment before he 
shall have been served with a copy thereof, at least twenty days 
previous to the day set for trial. 

Sec. 206. No person shall be liable to impeachment twice for 
the same offense. 

AETICLE XV. 

FUTURE AMENDMENTS. 

Any amendment or amendments to this Constitution may be 
proposeil in either House of the Legislative Assembly; and if the 
same shall be agreed to by a majority of the members elected to 
each of the two houses, such proposed amendment sliall be entered 
on the journal of the house with the yeas and nays taken thereon, 
and referred to the Legislative Assembly to be chosen at the next 
general election, and shall be publislied, as provided by law, for 
three months previous to tlie time of making such choice, and if 
in the Legislative Assembly so next chosen as aforesaid such pro- 
posed amendment or amendments sliall be agreed to by a majority 
of all the members elected to each house, then it shall be the duty 
of the Legislative Assembly to submit such proposed amendment 
or amendments to the people in such manner and at such 
time as the Legislative Assembly shall provide; and if the people 
shall approve and ratify such amendment or amendments by a 
majority of the electors qualified to vote for meml)ers of the Legis- 
lative Assembly voting thereon, such amendment or amendments 
shall become a part of the Constitution of this state. If two or 
taore amendments shall be submitted at the same time they shall 
l>e submitted in such manner that the electors shall vote for or 
against each of such amendments separately. 

ARTICLE XVL 

COMPACT WITH THE UNITED STATES, 

The following article shall be irrevocable without the consent 
of the United States and the people of this state. 

Sec. 207. First. Perfect toleration of religious sentiment shall 
V>e secured, and no inhabitant of this state shall ever be mo- 
lested m pereon or property on account of his or her mode of re- 
ligious worship. 

Second. The people inhabiting this state do agree and de- 
olare that they forever disclaim all right and title to the unappro- 
I>riated public lands lying within the boundaries thereof, and to 
^11 lands lying within said limits owned or held by any Indian 



252 Journal of the Convention, 



or ludian 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 that said In- 
dian lands shall remain under the absolute jurisdiction and con- 
trol of the Congress of the United States; that the lands belonging 
to citizens of the United States residing without this state shall 
never be taxed at a higher rate than the lands belonging to resi- 
dents of this state; that no taxes shall be imposed by this state 
on lands or property therein, belonging to, or which may hereaf- 
ter be purchased by, the United States, or roserved for its use. 
But. nothing in this article shall preclude this stati) from taxing as 
other lands are taxed, any lands owned or held by any Indian who 
has severed his tribal relations, 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 acts of congress containing a 

i)rovision exempting the lands thus granted from taxation, which 
ast mentioned lauds shall be exempt from taxation so long, and 
to such an extent, as is, or may bo provided in the act of congress 
granting the same; that the state of North Dakota hereby assumes 
and agrees to pay of the indebtedness of the Territory of Dakota, 

the sum mentioned in article of this constitution. 

[^Recommend that all after the words, ** granting the same," be 
stricken out and the article agreed upon by the joint commission 
be inserted as sections 208 and 209.] 

TERRITORIAL DEBTS AND LIABILITIES. 

Sec. 208. In order that payment of the debts and liabilities 
contracted or incurred by and in behalf of the Territory of Da- 
kota may be justly and equitably provided for and made, and in 
pursuance of the requirments of an act of congress approved 
February 22, 1889, entitled "An act to provide for the division of 
Dakota into two states and to enable the people of North Dakota, 
South Dakota, Montana and Washington to form constitutions 
and state governments and to be admitted into the Union on an 
equal footing with the original states, and to make donations of 
public lands to such states," the states of North Dakota and 
South Dakota, by proceedings of a joint commission, duly ap- 
pointed under said act, the sessions whereof were held at Bis- 
marck in said State of North Dakota, from July 16, 1889, to July 
31, 1889, inclusive, have agreed to the following adjustment of 
the amounts of the debts and liabilities of the Territory of Da- 
kota which shall be assumed and paid by each of the States of 
North Dakota and South Dakota, respectively, to-wit: 

1. This agreement shall take effect and be in force from and 
after the admission into the Union, as one of the United States of 
America, of either the State of North Dakota or the State of South 
Dakota. 

2. The words "State of North Dakota" wherever used in this 



Tuesday, August 13, 1889. 253 



agreement, shall be taken to mean the Territory of North Dakota 
in case the State of South Dakota shall be admitted into the 
Union prior to the admission into the Union of the State of North 
Dakota; and the words "State of South Dakota," wherever used in 
this agreement, shall be taken to mean the Territory of South 
Dakota in case the State of North Dakota shall be admitted into 
the Union prior to the admission into the Union of the State of 
South Dakota. 

The said State of North Dakota shall assume and pay all l)onds 
issued by the Territory of Dakota to provide funds for the pur- 
chase, construction, repairs or maintenance of such public institu- 
tions, grounds or buildings as are located within the boundaries 
of North Dakota, and shall pay all warrants issued under and by 
virtue of that certain Act of the Legislative Assembly of the Ter- 
ritory of Dakota, approved March 8, 1889, entitled "An Act to 
provide for the refunding of outstanding warrants drawn on the 
Capitol Building FuncL" 

The said State of South Dakota shall assume and pay all bonds 
issued by the Territory or Dakota to provide funds for the pur- 
chase, construction, repairs or maintenance of such public insti- 
tutions, grounds or buildings as are located within the boundaries 
of South Dakota. 

Thatistosav: The State of North Dakota shall assume and 
pay the following bonds and indebtedness, to-wit: 

Bonds issued on account of the Hospital for Insane at James- 
town, North Dakota, the face aggregate of which is $266,000; also 
bonds issued on account of the North Dakota University at Grand 
Forks, North Dakota, the face aggregate of which is $96,700; also, 
bonds issued on account of the Penitentiary at Bismarck, 
North Dakota, the face aggregate of which is $93,600; also, re- 
funding Capitol Building warrants dated April 1, 1889, $83,507.46. 

And the State of South Dakota shall assume and pay the follow- 
ing bonds and indebtedness, to-wit: 

jBonds issued on account of the Hospital for the Insane at 
Yankton, South Dakota, the face aggregate of which is $210,000; 
also, bonds issued on account of the School for Deaf Mutes, at 
Sioux Falls, South Dakota, the face aggregate of which is $51,000; 
also, bonds issued on account of the University at Vermillion, 
South Dakota, the face aggregate of which is $75,000; also, bonds 
issued on account of the Penitentiary at Sioux Falls, South 
Dakota, the face aggregate of which is $94,300; also, bonds issued 
on account of the Agricultural College at Brookings, South 
Dakota, the face aggregate of which is $97,500; also, bonds issued 
on account of the Normal School at Madison, South Dakota, the 
face aggregate of which is $49,400; also, bonds issued on account 
of the School of Mines at Rapid City, South Dakota, the face 
aggregate of which is $33,000; also, bonds issued on account of 
the Reform School at Plankinton, South Dakota, the face aggre- 
gate of which is $30,000; also, bonds issued on account of the 



254 Journal of the Convention, 



Normal School at Spearfish, South Dakota, the face aggregate of 
which is ^25,00(); also bonds issued on account of the Soldiers' 
Home at Hot Springs, South Dakota, the face aggregate of which 
is $45,000. 

The States of North Dakota and South Dakota shall pay one- 
half each of all liabilities now existing or hereafter and prior to 
the taking effect of this agreement incurred, except those hereto- 
fore or hereafter incurred on account of public institutions, 
grounds or buildings, except as otherwise herein specifically pro- 
vided. 

The State of South Dakota shall pay to the State of North 
Dakota $46,500, on account of the excess of Territorial appropria- 
tions for the permanent improvement of territorial institutions 
which under this agreement will go to South Dakota, and in full 
of the undivided one-half interest of North Dakota in the terri- 
torial library, and iu full settlement of unbalanced accounts, and 
of all claims against the territory, of whatever nature, legal or 
equitable, arising out of the alleged erroneous or unlawful taxa- 
tion of Northern Pacific Kail road lands, and the payment of said 
amount shall discharge and exempt the State of South Dakota 
from all liability for or on account of the several matters herein- 
before referred to; iior shall either state be called upon to pay or 
answer to any portion of liability hereafter arising or accruing on 
account of transactions heretofore had, which liability would be a 
liability of the Territory of Dakota had such territory remained in 
existence, and which liability shall grow out of matters connected 
with any public institutions, grounds or buildings of the territory 
situated or located within the boundaries of the other state. 

A final adjustment of accounts shall be made upon the following 
basis: North Dakota shall be charged with all sums paid on ac- 
count of the ])ublic institutions, grounds or buildings located 
within its boundaries on account of the current appropriations 
since March 9, 1889, and South Dakota shall be charged with all 
sums paid on account of public institutions, grounds or buildings 
located within its boundaries on the same account and during the 
same time. Each state shall bo charged with one-half of all other 
expenses of the territorial government during the same time. 
All moneys paid into the treasury during the perioii from 
March 8, 1889, to the time of taking effect of this agreement 
by any county, municipality or person within the limits of the 
[)roposed state of North Dakota,, shall be credited to the State of 
North Dakota; and all sums paid into said treasury within the 
same time by any county, municipality or pereon within the limits 
of the proposed State of South Dakota sJiall be credited to the 
State of South Dakota; except that any and all taxes on gross 
earnings paid into said treasury by railroad corporations, since 
the 8th day of March, 1889, based ui)on earnings of years prior to 
1888, under and by virtue of the act of the Legislative Assembly 
of the Territory of Dakota, approved March 7, 1889, and entitled 



Tuesday, August 13, 1889. 255 



"An Act providing for the levy and collection of taxes upon prop- 
erty of railroad companies in this Territory," being Chapter 107 
of the Session Laws of 1889, (that is, the part of sach sum going 
to the Territory) shall be equally divided between the States of 
North Dakota and South Dakota; and all taxes heretofore or here- 
after paid into the said treasury under and by virtue of the act 
last mentioned, based on the gross earnings of the year 1888, shall 
be distributed as already provided by law, except that so much 
thereof as goes to the territorial treasury shall be divided as fol- 
lows: North Dakota shall have so much thereof as shall be or 
has been paid by railroads within the limits of the proposed State 
of North Dakota, and South Dakota so much thereof as shall be 
or has been paid by lailroads within the limits of the proposed 
State of South Dakota; each state shall be credited also with all 
balances of appropriations made by the Seventeenth Legislative 
Assembly of the Territory of Dakota for the account of the 
public institutions, grounds or buildings situated within its limits, 
remaining unexpended on March 8, 1889. If there shall be any 
indebtedness except the indebtedness represented by the bonds 
and refunding warrants hereinbefore mentioned, each state shall 
at the time or such final adjustment of accounts, assume its share 
of said indebtedness as determined by the amount paid on account 
of the public institutions, grounds or buildings of such state in 
excess of the receipts from cxumties, municipalities, railroad cor- 
porations or persons within the limits of said state, as provided in 
this article; and if there should be a surplus at the time of such 
final adjustment, each state shall be entitled to the amounts 
received from counties, municipalities, railroad corporations or 
persons within its limits over and above the amount charged it. 

Sec. 209. And the State of North Dakota hereby obligates 
itself to pay such part of the debts and liabilities of the Territory 
of Dakota as is declared by the foregoing agreement to be its 
proportion thereof, the same as if such proportion had been 
originally created by said State of North Dakota as its own debt 
or liability. 

Sec. 210. Jurisdiction is ceded to the United States over the 
military reservations of Fort Abraham Lincoln, Fort Buford, Fort 
Pembina and Fort Totten, 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 in which 
exclusive jurisdiction is not vested in the United States, or of 
crimes not committed within the limits of such reservations. 

Sec. 211. The State of North Dakota hereby accepts the 
several grants of land granted by the United States to the State of 
North Dakota by an act of congress entitled "An act to provide 
for the division of Dakota into two states, and to enable the 
people of North Dakota, South Dakota, Montana and Washington 
to form Constitutions and state governments, and to be admitted 



256 Journal op the Convention, 



into the Union on equal footing with the original states, and to 
make donations of public lands to such states," under the con- 
ditions and limitations therein mentioned; reserving the right 
however to apply to congress for m odifications of said conditions 
and limitations in case of necessity. 

ARTICLE XVIL 

MISCELLANEOUS. 

Sec. 212. The name of this state 'shall be "North Dakota.'' 
The State of North Dakota shall consist of all the territory included 
within the following boundaries, to- wit: Commencing at a point 
in the main channel of the Ked River of the north, where the 
forty-ninth degree of north latitude crosses the same; from thence 
south up the main channel of the same and along the boundary 
line of the State of Minnesota to a point where the Seventh 
Standard parallel intersects the same; thence west along said 
Seventh Standard parellel to a point where it intersects the 
twenty-seventh meridian of longitude west from Washington; 
thence north on said meridian to a point where it intersects the 
forty-ninth degree of north latitude; thence east along said line to 
place of beginning. 

[ Recommend to strike out the word "from;" also insert the 
words "produced due west,' after the word "parallel."] 

Sec. 213. The following described seal is hereby declared to 
be and hereby constituted the Great Seal of the State of North 
Dakota, to-wit: A tree in the open field, the trunk of which is 
surrounded by three bundles of wheat; on the right a plow, anvil 
and sledge; on the left a bow crossed with three arrows, and an 
Indian on liorseback pursuing a buffalo towards the setting sun; 
the foliage of the tree arched by a half circle of forty two 
stars, surrounded by the motto "Liberty and Union now and for- 
ever, (me and inseparable;" the words "Great Seal" at the top; the 
words "State of North Dakota" at the bottom ; "October 1st" on 
on the left and "1889" on the right The seal to be two and one- 
half inches in diameter. 

Sec. 214. The right of the debtor t^ enjoy the comforts and 
necessaries of life shall bo recognized by wholesome laws, exempt- 
ing from forced sale a homestead the value of which shall be lim- 
ited and defined by law, and a reasonable amount of personal 
property; the kind and value shall be fixed by law. This section 
shall not be construed to prevent liens against the homestead for 
labor done and materials furnished in the improvement thereof, 
in such manner as may be prescribed by law. 

[Recommend to insert the words "to all heads of families" after 
the word "sale."] 

Sec. 215. The labor of children under twelve years of age, 
shall be prohibited in mines, factories and workshops in this 
state. 



Tuesday, August 13, 1889. 257 



Sec. 216. All flowing streams and water ways shall forever 
remain the property of the State. 

Sec. 217. Members of the Legislative Assembly and judicial 
department except such inferior officers as may be by law exempted 
shall, before they enter on the duties of their respective offices, 
take and subscribe the following oath or affirmation: "I do sol- 
emnly swear (or affirm as the case may be) that I will support the 
Constitution of the United States and the Constitution of the 
State of North Dakota; and that I will faithfully discharge the 

duties of the office of according to the best of my 

ability, so help me God," and no other oath, declaration, or test 
shall be rec[uired as a qualification for any office or public trust. 

[Recommend to strike out the words "So help me God."] 

ARTICLE XVIIT. 

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. 

Sec. 518. Until otherwise provided by law, the members of the 
House of Representatives of the United States apportioned to this 
state, shall be elected at large. 

Until otherwise provided by law, the Senatorial and Represent- 
ative Districts shall be formed, and the senators and the repre- 
sentatives shall be apportioned as follows: 

The First District shall consist of the townships of Walhalla, 
St Joseph, Neche, Pembina, Bathgate, Carlisle, Joliette, Midland, 
Lincoln and Drayton, in the county of Pembina, and be entitled 
to one senator and two representatives. 

Tlie Second District shall consist of the townships of Si 
Thomas, Hamilton, Cavalier, Akra, Beaulie, Thingvalla, Gardar, 
Park, Crystal, Elora and Loclema, in the county of Pembina, and 
be entitled to one senator and two representatives. 

The Third District shall consist of the townships of Perth, 
Latona, Adams, Sil vesta, Cleveland, Morton, Vesta, Tiber, Med- 
ford, Vernon, Golden, Lampton, Eden, Rushford, Kensington, 
Dundee, Ops, Prairie Center, Fertile and Glenwood, in the county 
of Walsh, and be entitled to one senator and two representatives. 

The Fourth District shall consist of the townships of Forest 
River, Walsh Center, Grafton, Farmington, Ardock, Harrison, 
Oakwood, Martin, Walshville, Pulaski, Ackton and St. Andrews, 
in the county of Walsh, and be entitled to one senator and three 
representatives. 

The Fifth District shall consist of the townships of Gilby, Johns- 
town, Straban, Wheatfield, Hegton, Arvilla, Avon, Northwood, 
Lind, Grace, Larimore, and the city of Larimore, Elm Grove, 
Agnes, Inkster, Elkmount, Oakwood, Niagara, Moraine, Logan and 
Loretta in the county of Grand Forks, and be entitled to one sen- 
ator and two representatives. 

33 



258 Journal of the Convention, 



Tlie Sixth District shall consist of the Third, Fourth, Fifth and 
Sixth wards of the city of Grand Forks, as now constituted, and 
the townships of Falconer, Hai-vey, Turtle Kiver, Ferry, Rye, 
Blooming, Meckinock, Lakeville and Levant in the county of Grand 
Forks and bo entitled to one senator and two representatives. 

The Seventh District shall consist of the First and Second wards 
of the city of Grand Forks, as now constituted, and the townships 
of Grand Forks, Brenna, Oakville, Chester, Pleasant View, Fair- 
field, Allendale, Walle, Benton, Americus, Michigan, Union and 
Washington, in the county of Grand Forks, and be entitled to one 
senator and two representatives. 

The Eighth District shall consist of the county of Traill and be 
entitled to one senator and four representatives. 

The Ninth District shall consist of the township of Fargo and 
the City of Fargo in the County of Cass and be entitled to one 
senator and two representatives. 

The Tenth District shall consist of the townships of Noble, 
Wiser, Harwocxl, Reed, Barnes, Stanley, Pleasant, Kenyon, 
Gardner, Berlin, Raymond, Mapleton, Warren, Norman, Elm 
River, Harmony, Durbiu, Addison, Davenport, Casselton and the 
City of Casselton, in the County of Cass, and be entitled to one 
senator and three representatives. 

The Eleventh District shall consist of the townships of Webster, 
Rush River, Hunter, Arthur, Amenia, Everest, Maple River, 
Leonard, Dows, Erie, Empire, Wheatland, Gill, Walburg, Watson, 
Page, Rich, Ayr, Buffalo, Hawes, Eldrich, Highland, Rochester, 
Lake, Cornell, Tower, Hill, Clifton and Pontiac, in the County of 
Cass, and be entitled to one senator and three representatives. 

The Twelfth District shall consist of the county of Richland 
and be entitled to one senator and three representatives. 

The Thirteenth District shall consist of the county of Sargent 
and be entitled to one senator and two representatives. 

The Fourteenth District shall consist of the county of Ransom 
and be entitled to one senator and two representatives. 

The Fifteenth District shall consist of the county of Barnes 
and be entitled to one senator and two representatives. 

The Sixteenth District shall consist of the counties of Steele 
and Griggs and be entitled to one senator and two representatives. 

The Seventeenth District shall consist of the county of Nelson 
and be entitled to one senator and one representative. 

The Eighteenth District shall consist of the county of Cavalier 
and be entitled to one senator and two representatives. 

The Nineteenth District shall consist of the counties of Towner 
and Rolette and be entitled to one senator and one representative. 

The Twentieth District shall consist of the counties of Benson 



Tuesday, August 13, 1889. 259 



and Pierce and be entitled to one senator and two representatives. 

The Twenty-first District shall consist of the county of Eamsey 
and be entitled to one senator and two representatives. 

The Twenty-second District shall consist of the counties of 
Eddy, Foster and Wells and be entitled one senator and two rep- 
resentatives. 

The Twenty-third District shall consist of the county of Stuts- 
man, and be entitled to one senator aud two representatives. 

The Twenty-fourth District shall consist of the county of La- 
Moure, and be entitled to one senator and one representative. 

The Twenty-fifth District shall consist of the county of Dickey, 
and be entitled to one senator and two representatives. 

The Twenty-sixth District shall consist of the counties of Em- 
mons, Mcintosh, Logan and Kidder, and be entitled to one senator 
and two representatives. 

The Twenty-seventh District shall consist of the county of Bur- 
leigh, and be entitled to one senator and two representatives. 

The Twenty-eighth District shall consist of the counties of Bot- 
tineau and McHenry and be entitled to one senator and one rep- 
resentative. 

The Twenty-ninth District shall consist of the counties of Ward, 
McLean, and all the unorganized counties laying north of the Mis- 
souri river, and be entitled to one senator and one representative. 

The Thirtieth District shall consist of the counties of Morton 
and Oliver, and be entitled to one senator and two representatives. 

Tlie Thirty-first District shall consist of the counties of Mercer, 
Stark and Billings and all the unorganized counties lying south 
of the Missouri river, and be entitled to one senator and one rep- 
resentative. 

AKTICLE XIX. 

PUBLIC INSTITUTIONS. 

Sec. 219. The following public institutions of the State are 
permanently located at the pla<^es hereinafter named, each to have 
the lands specifically granted to it by the United States, in the 
Act of Congress, approved February 22, 1889, to be disposed of 
and used in such manner as the Legislative Assembly may pre- 
scribe. 

[Becommend that the following words subject to the limitations 
provided in the article on school and public lands contained in 
this Constitution. 

First The seat of government at the city of Bismarck in the 
county of Burleigh. 

Second. The State University and the School of Mines at the 
city of Grand Forks, in the county of Grand Forks. 



260 Journal of the Convention, 



Third. The Agricultural College at the city of Fargo in the 
county of Cass. 

Fourth. A State Normal School at the city of Valley City, in 
the county of Barnes; and the Legislative Assembly in appor- 
tioning the grant of eighty thousand acres of land for Normal 
schools made in the Act of Congress referred to shall grant to the 
said Normal School at Valley City as aforementioned, fifty thous- 
and (50,000) acres, and said lands are hereby appropriated to 
said institution for that purpose. 

Fifth. The Deaf and Dumb Asylum at the city of Devils Lake 
in the county of Ramsey. 

Sixth. A State Reform School at the city of Mandan in the 
county of Morton. 

Seventh. A State Normal School at the town of Mayville, in 
the county of Traill. And the Legislative Assembly in apportion- 
ing the grant of lands made by Congress, in the act aforesaid for 
State Normal Schools, shall assign thirty thousand acres to the in- 
stitution hereby located at Mayville, and said lands are hereby 
appropriated for that purpose. 

Eighth. A State Hospital for the Insane and an Institution for 
the Feeble-Minded, in connection therewith, at the city of James- 
town in the county of Stutsman. And the Legislative Assembly 
shall appropriate twenty thousand acres of the grant of lands mado 
by the act of Congress aforesaid for "Other Educational and Char- 
itable Institutions" to the benefit and for the endowment of said 
institution. 

Sec. 220. The following named public institutions are hereby 
permanently located as hereinafter provided, each to have so much 
of the remaining grant of one hundred and seventy thousand acres 
of land made by the United States for "Other Educational and 
Charitable Institutions," as is allotted below, viz: 

Firsi A Soldiers' Home, when located, or such other charitable 
institution as the Legislative Assembly may determine, at Lisbon, 
in the county of Ransom with a grant of forty thousand acres of 
land. 

Second. A Blind Asylum, or such other institution as the Leg- 
islative Assembly may determine, at such place in the county of 
Pembina as the q^ualified electors may determiee at an election to 
be held as proscribed by the Legislative Assembly, with a grant of 
thirty thousand acres. 

Third. An Industrial School and School for Manual Training, 
or such other educational institution as the Legislative Assembly 
may provide, at the town of Ellendale in the county of Dickey, 
with a grant of forty thousand acres. 

Fourth. A school of forestry or such other institution as the 
Legislative Assembly may determine, at such place in one of the 



\ 
V 



F 



Tuesday, August 13, 1889. 261 



coanties of McHenry, Ward, Bottineau, or Hollette, as the electors 
of said counties may determine by an election for that purpose, 
to be held as provided by the Legislative Assembly. 

Fifth. A scientific school, or such "other educational or chari- 
table institution" as the Legislative Assembly may prescribe, at 
the city of Wahpeton, county of Richland, with a grant of forty 
thousand acres. Provided, That no other institution of a charac- 
ter similar to any one of those located by this article shall be 
established or maintained without a revision of this CSnstitution. 

ARTICLE XX. 

PROHIBITION. 

To be submitted to a separate vote of the people as provided by 
the schedule and ordinance. 

Sec. 221. No person, association or corporation shall within 
this State, manufacture for sale or gift, any intoxicating litjuors 
and no person, association or corporation shall import any of the 
same for sale or gift, or keep or offer the same for sale or 
gift, barter or trade as a beverage. The Legislative Assembly 
shall by law prescribe regulations for the enforcement of the 
provisions of this article and shall thereby provide suitable pen- 
alties for the violation thereof. 

[Recommend insert "or sell" after the word "keep."] 

SCHEDULE. 

Section 1. That no inconvenience may arise from a chan/^e of territorial 
government to state government, it is declared that all writs, actions prosecu- 
tions, claims and rights of individuals and bodies corporate shall continue as 
if no change of government had taken place, and all processes which may, be- 
fore the organization of the judicial department under this Constitution, be 
issued under the authority of the Territory of Dakota shall be as valid as if is- 
sued in the name of the State. 

Sbc. 2. All laws now in force in the Territory of Dakota, which are not re- 
pugnant to this Constitution, shall remain in force until they expire by their 
own limitations or be altered or reijealed. 

Sec. 3. All fines, penalties, forfeitures and escheats accuriog to the Territory 
of Dakota shall accrue to the use of the states of North Dakota and South 
Dakota and may be sued for and recovered by either of said states hs necessity 
may require. 

Seo. 4. All recognizances, bonds, obligations or other undertakings here- 
tofore taken, or which may be taken before the organization of the judicial de- 
partment under this Constitution, shall remain valid, and shall pass over to, 
and may be prosecuted in the name of the state; all bonds, obligations or other 
undertakings executed to this territory, or to any officer in his official capacity, 
shall pass over to the proper state authority, ana to their successors in office, 
for the uses therein respectively expressed, and may be sued for and recovered 
accordingly; all criminal prosecutions and penal actions which have arisen, or 
may arise before the organization of the judicial department, under this Con- 
stitution, or which shall then be pending, may be prosecuted to judgment and 
execution in the name of the state. 

Seo. 5. All property, real and personal, and credits, claims and choses in 
action belonging to the Territory of Dakota at the time of the adoption of this 



262 Journal of the Convention, 



GonstitutioD, shall be vested in and become the property of the State of North 
Dakota and South Dakota. 

Hbc, 6. Whenever any two of the judges of the Supreme court of the 
State, elected under the provisions of this Constitution shall have qualified in 
their offices, the causes then pending in the Supreme court of the Territory on 
appeal or writ of error from the district courts of any county or subdivision 
within the limits of this State, and the papers, records and proceedings of said 
court shall pass into the jurisdiction and possession of the Supreme court of 
the State, except as otherwise provided in the enabling act of Congress, and 
until so superceded the Supreme court of the Territory and the judges thereof 
shall continue, with like powers and jurisdiction, as if this Constitution had 
not been adopted. WLenever the judge of the district court of any district 
elected under the provisions of this Constitution shall have qualified in his 
office, the several causes then pending in the district court of the Territory 
within any county in such district, aud the records, papers and proceedings of 
said district court; and the seal and other property pertaining thereto, shall 
pass into the jurisdiction and possession of the district court of the State for 
such county, except as provided in the enabling act of Congress, and until the 
district courts of this Territory shall be superceded in the manner aforesaid, 
the said district courts and the judges thereof shall continue with the same 
jurisdiction and power to be exercised in the same judicial districts respect- 
ively as heretofore constituted under the laws of the Territory. 

HvA\ 7. Until otherwise provided by law, the seals now in use in the 
supreme aud district courts of this Territory are hereby declared to be the 
seals of the supreme and district courts respectively of the State. 

Seo. 8. Wheuever this Constitution shall go into effect, the books, 
rec-ords and pni)er8, and proceedings of the probate court in each county, and 
all causes and matters of administration tmd other matters pending therein, 
shall pass into the jurisdiction and possession of the county court of the same 
county, aud the said county court shall proceed to final decree or judg- 
ment, order or other determination in the said several matters »<nd causes as 
the said probate court might have done if this Constitution had not been 
adopted. And until the election and <iualitication of the judges of the county 
courts providetl for in this Gonstitutiou, the probate judges shall^aot as the 
judges of the county courts within their respective counties, and the seal of 
the probate court in each county shall be the seal of tlie county court therein, 
until the said court shall have procured a proper seal. 

Sec. 9. The terms "probate court" or "probate judge" whenever oocuring 
in the statutes of the territory shall, after this Constitution goes into effect, be 
held to apply to the county court or county judge. 

Sk(\ 10. All territorial, county and precinct officers, who may be in office 
at the time this Constitution takes effect, whether holding their offices under 
the authority of the United States or of the Territory, shall hold and exercise 
their respective offices, and perform the duties, thereof as prescribed in this 
Constitution, until their successors shall be elected and qualified in accor- 
dance with the provisions of this Constitution, mid official bonds of all such 
officrers shall continue in full force and effect as though this Constitution had 
not been adopted; and such officers for their term of service, under this Con- 
stitution, shall receive the same salaries and compensation as is by this Con- 
stitution, or by the laws of the territory, provided for like officers. Prt^vided, 
That the county and precinct officers shall hold their offices for the term for 
which they were elected. Until the general election in A. D, 1890, the judges 
of the district courts shall have power to appoint a clerk of the court in each 
organized county, who shall hold his office until his successor shall be elected 
and (pialitied. 

Sr(\ 1 ] . This Constitution shall take effect and be in full force immediately 
upon the {ulmission of the territory as a state. 

Sec. 12. Immediately upon the adjournment of this Convention the Gov- 
ernor of the Territory, or in case of his absence or failure to act, the Secretary 



f 



Tuesday, August 13, 1889. 26eS 



of the Territory, or in case of his absence or failure to act, the PresideDt of the 
CoDstitutioual Conventiou shall issne a proclamatiou, which shhll be published 
and a copy thereof mailed to the chairmau of the board of county commissiou- 
ere of each county, calhn^ an election by the people on the first Tuesday in 
October, 1881), of all the state and district officers created and made elective by 
this Ck)nstitution. This Constitution shall be submitted for adoption or rejec- 
tion at said election to a vote of the electors qualified by the laws of this terri- 
tory to vote at all elections. At the election provided for herein the cpialiflcd 
vot-ers shall vote directly for or against this Constitntitm and for or against the 
article separately submitteii. 

8bo. 13. The board of commissioners of the several counties shall there- 
upon order such election for said day, and shall cause notice thereof to be ^ven 
"for the period of 2() days in the maimer provido<l by law." Every qualititHl 
elector of the territ<^)ry, at tbe date of said election, shall be entitled to vote 
thereat. Said election shall be conducted in all respects in the same manner 
as provided by the laws of the territory for general elections, and the r. turns 
for all state and district officers, and members of the Legislative Assembly, shall 
be made to tie canvassing board hereinafter provided for. 

Sec. 14. The Governor, Secretary and Chief Justice or a majority of 
them, shall constitute a board of canvassers to canvass the vote of such elec- 
tions for all state and district officers and members of the Legislative Assembly. 
The said board shall assemble at the seat of government of the Territory on 
the fifteenth day after the day of such election (or on the following day if sucli 
day fall on Sunday), and proceed to canvass the votes on the adoption ..f this 
Constitution and for all State and district officers and members of the Legislntive 
Assembly in the manner provide<l by the laws of the Territory for canvassing 
the vote for Delegate to Congress, and they shall issue certificates of election 
to the persons found to be elected to said oftices severally, and shall mak(^ an<l 
file with the Secretary of the Territory an abstract certified by them, of the 
nimiber of votes cast for or against the adoption of the C<mstitution, and for 
ea'^h i)er8on for e>ich of said offices and of the total number of votes cast in 
each county. 

Sbc. 15. All officers elected at such election shall, within sixty days after 
the date of the executive proclamation admitting the State of North Dakota 
into the Unicm, take the oath retjuired by this Constitution, and give the same 
bond required by the law of the Territory to be given in case of like officers 
of the Territory and districts, and shall thereupon enter utMm the duties of 
their respective offices; but the Legislative Assembly may require by law all 
such officers to give other or further bonds as a condition of their continuance 
in office. 

Sec. 16. The judges of the district court who shall be elected at the elec- 
tion herein provided for shall hold their offices until the first Monday in Janu- 
ary, 181)3, and until their successors are elected and qualified. All other state 
officers, except judges of the supreme court, who shall be elected at the election 
herein provided for, shall hold their offices until the first Monday in January, 
18S)i, and until their successors are elected and qualified. Until otherwise pro- 
vided by law the judges of the supreme court snail receive for their services 
the salary of four thousand dollars per annum, payable quarterly; and the 
district judges shall receive for their services the salary of three thousand dol- 
lars per annum, payable quarterly. 

Sec. 17. The Governor elect of the state immediately upon his qualifying 
and entering upon the duties of his office shall issue liis proclamation conven- 
ing the Legislative Assembly of the State at the seat of government, on a day 
to be nam^ in said proclamation, and which shall not be less than fifteen nor 
more than forty days after the date of such proclamation. And said Legisla- 
tive Assembly after organizing shall proceed to elect two senators of the United 
States for the State of North Dakota; and at said election the two permms who 
shall receive a majority of all the votes cast by the said senators and represen- 
tatives shall be elected such United States Senators. And the presiding officers 



264 Journal op the Convention, 



of the seuate and house of represeutntives shall each certify the election to the 
Governor aDtl Secretary of the State of North Dakota; and the tiovemor and 
Secretary of State shall certify the elections of such senators as provided by 
law. 

Sec. 18. At the election herein provided for there shall be elected a Bep- 
resentative to the Fifty-First Congress of the United States, by the electors of 
the state at large. 

Sec. 19. It is hereby made the duty of the Legislative Assembly at its 
first session to provide for the payment of all debts and indebtedness an- 
thorized to be incurred by the Constitutional Convention of North Dakota, 
which shall remain unpaid after the appropriation made by Congress for the 
same shall have been exhausteiL 

Se(\ 20. There shall be submitted at the same election at which this Con- 
stituticm is submitted for rejection or adoption, Article entitled "prohibi- 
tion" and persons who desire to vote for said article shall have written or 
printetl on their ballots "for prohibition, yes," and all persons desiring to vote 
against said article shall have written or printe<l on their ballots "for prohibi- 
tion, no." It if shall appear according to tlie returns herein provideil for that 
ami>jority of all the votes cast at said election for and against prohibition are 
for prohibition, then said Article shall be and form a part of this Consti- 
tution and bo in full force and effect as such from the date of the admission of 
this state into the Uui(m. But if a majority of said votes shall appear ac- 
cording to said returns to be against prohibition, then said Article shall 

be null and void, and shall not be a part of this Constitution. 

Sec. 21. The agreement made by the Joint Commission of the Constitu- 
tional Conventions of North Dakota and Soutli Dakota concerning the records, 
books and archives of the Territory of Dakota, is hereby ratified and confirmed; 
wliicli agreement is in the words following: That is to say — 

The following books, records and archives of the Territory of Dakota 
shall be the property of North Dakota, to- wit: All records, books and arch- 
ives in the offices of the Governor and Secretary of the Territory (except records 
of Articles of Incorporation of Domestic Corporations, returns of election of 
Delegates t > the Consbitatioaal Con ventionjof 1889 for South Dakota returns of 
elections hold under the so called Local Option Law, in counties within the 
limits of Soutli Dakota, bonds of Notaries Public appointed for counties within 
the limits of South Dakotii, papers relating to the organization of counties situate 
within tho limits of South Dakota, all which records and archives are a part 
of the records and archives of said Secretary's office: excepting also, census re- 
turns from counties situate within the limits of South Dakota and papers 
relating to rei|uisitions issued upon the application of officers of counties 
situate within the limits of South Dakota, all which are a part of the records 
and archives of said Governor's office). And the following records, books and 
archives shall also l)e the projjerty of the Stiite of North Dakota, to-wit: 

Vouchers in the office or custody of the Auditor of this Territory relating 
to expenditures on account of public institutions, grounds or buildings situate 
within the limits of North Dakota. One Warrant Register in the office of the 
Treasurer of this territory —being a roc<^rd of warrants issued under and by 
virtue of Chapter 24 of the laws enacted by the Eighteenth Legislative Assem- 
bly of Dakota Territory All letters, receipts and vouchers in the same office 
now filed by counties and pertaining to counties within the limits of North 
Dakota. Paid and canceled coupons in tho same office representing interest on 
bonds which said State of North Dakota is to assume and pay. Beports of 
gross earnings of the year 1888 in the same office, made by corporations operate 
ing lines of railroads situated wholly or mainly within the limits of North Da- 
kota. Records a; d papers of the office of the Public Examiner of the Second 
District of the territory. Records and papers of the office of the District Board 
of Agriculture. Records and papers in the office of the Board of Pharmacy of 
the District of North Dakota. 

All records, books and archives of the Territory of Dakota which it is not 



Tuesday, August 13, 1889. 265 



r 

herem a^rreed shall be the property of North Dakota, shall be the property of 
Soath Dakota. 

The following books shall be copied and the oopies shall be the property of 
North Dakota and the cost of such copies shall be borne equally by said States 
of North Dakota and South Dakota. That is to say: 

Appropriation Ledger for years ending November 1889-90 — one volume. 

The Auditor's Current Warrant Begister — one volume. 

Insurance Becord for 1889— one volume. 

Treasurer's Cash Book— "D." 

Assessment Liedger— "B." 

Dakota Territory Bond Begister— one volume. 

Treasurer's Current Ledger — one volume. 

The originals of the foregoing volumes which are to be copied shall at any 
time after such copying shall have been completed, be delivered on demand to 
the proper authorities of the State of South Dakota. 

AH other records, books and archives which is hereby agreed shall be the 
property of South Dakota, shall remain at the Capitol of North Dakota until 
demanded by the Legislature of the State of South Dakota and until the State 
of North Dakota shall have had a reasonable time after such demand is made 
to provide copies or abstracts of such portions thereof as the said State of 
North Dakota may desire to have copies or abstracts of. 

The State of South Dakota ma^ also provide copies or abstracts of such 
records, books and archives, which it is agreed shall be the property of North 
Dakota, as said State of South Dakota shAl desire to have copies or abstracts 
of. 

The expense of all copies or abstracts of records, books and archives 
which it is herein agreed may be made, shall be borne equally by said two states 

Ssa 22. Should the counties containing lands which form a part of the 
grant of lands made by Congress to the Northern Pacific railroad company be 
compelled by law to refund moneys paid for such lands or any of tiiem by 
purchasers thereof at tax sales thereof, based upon taxes illegallv levied upon 
said lands, then and in that case the State of North Dakota shall appropriate 
the sum of $25,000, or so much thereof as may be necessary to reimburse said 
counties for the amount so received from said illegal tax sales and paid by 
said counties into the treasury of Dakota Territory. 



Mr. Moer moved to adjourn. 

Which motion prevailed and the convention adjourned. 

EVENING SESSION. 

The Convention assembled at 8 o'clock p. m., pursuant to adjoum- 
ent. 

Mr, Scott moved to pioceed to the consideration of the report of the 
^ ^5ommittee on Revision and Adjustment, section by section, 
Which motion prevailed. 

Mr. Elowe moved that File No. 38 be substituted for the preamble 
^^ ported from the committee, 

Mr. Stevens moved that the motion be laid on the table. 
Which motion prevailed. 

We, the people of North Dakota with profound reverence for the Supreme 
Killer of the Umverse do ordain and establish this Constitution. 

M-. Stevens moved to lay the substitute on the table. 
Which motion prevailed. 

u 



266 Journal op the Convention, 

Mr. Stevens moved that the preamble as reported from the com m it- 
tee be adopted. 

Which motion prevailed. 

Mr. Rolfe moved that unless objection is made, each section, with 
the amendments proposed, be adopted. 

Section one of article one was adopted. 

Section two was adopted as recommended to be amended by the 
committee. 

Mr! Scott moved that the word "it" be restored as the last word of 
the section. 

Which motion was lost. 

Section three was adopted. 

Section four was adopted. 

Section five was adopted. 

Section six as recommended to be amended by the committee was 
adopted. 

Section seven was adopted. 

Section ei^ht, as recommended to be amended by the committee, 
was adopted. 

Section nine, as rrtcomraended to be amended by the committee, 
was adopted. 

Section ten, as recommended to be amended by the committee, was 
adopted. 

Section eleven was adopted. 

Section twelve, as recommended to be amended by the committee, 
was adopted. 

Mr. Scott moved that the word "State" in the second line be capi- 
talized. 

Which motion was lost. 

Section thirteen was adopted. 

Section fourteen, as recommended to be amended by the committee, 
was adopted. 

Sections fifteen (15), sixteen (16), seventeen (17), eighteen (18), 
nineteen (19), twenty (20), twenty-one (21) and twenty-two (22) 
were adopted. 

Mr. Parsons, of Morton, moved that the recommendation of the com- 
mitttee, that section twenty-three be stricken out, be laid on the table. 
Ayes and nayes were demanded. 

The roll being called there were ayes 25, nays 39. 

Those who voted in the affirmative were: 



Messrs — 


MesBrs— 


Messrs — 


Allin, 


McBride, 


Bowe, 


Ck>lton, 


MiUer, 


Shnman, 



TuKSDAT, August 13, 1889. 



267 



Gray, 


Parsons of Morton, 


Slotten, 


GrigKB, 


Peterson, 


Btevens, 


HarriB, 


Powles, 


Turner, 


Hoyt, 


Bay, 


Wallaoe, 


Johnson, 


Biohardson, 


Williams, 


Tjaader, 


Bolfe, 


Mr. President 


LiinweU, 






Those who voted in the negative were: 




Mefwrs 


Messrs— 


Messrs — 


Bartiett of Grig^, 


EUiott, 


Nomland, 


Bartlett of Dickey, 


Fay, 


G'Brien, 


BeU, 


Flemington, 


Parsons of Bolette, 


Bennett, 


Gayton, 


Paulson, 


Blewett, 


Glick, 


Purcell, 


Brown, 


Hangen, 


Pollock, 


Budge. 


Hegge, 


^ Bobertson, 


Gamp, 


Holmes, 


* Sandager, 


Garland, 


Lowell, 


Scott, 


Garothers, 


Mathews, 


Selby, 


Ghaffee, 


Meacham, 


Spalding, 
Wellwood, 


Glapp, 


Moer, 


Douglas, 


Noble, 


Whipple, 


Absent and not voting: 




Messrs — 


Messrs — 


Messrs — 


Alman, 


Glark, 


McHugh, 


Appleton, 


Leaoh, 


McILenzie, 


Bean, 


Lohnes, 


Power& 


Beet, 


Marrinan, 




And so the motion 


was lost 





Mr. Spalding moved to amend section twenty-three, by strikini^ out 
in line three the words "keeping a black-list." 

Mr. Scott moved, as a substitute, that the recommendation of the 
committee be concurred in. 

Mr. Lauder moved as an amendment that the section as originally 
adopted and printed be adopted. 

Mr. Scott moved the previous question and the question being, shall 
the main question be now put and being taken prevailed. 

Ayes and nays were demanded on the motion of Mr. Lauder. 

The roll being called there were ayes 24; nays 38. 
Those who voted in the affirmative were — 



Messrs — 


Messrs — 


Messrs — 


Allin, 


Lauder, 


Bowe, 


ElUott, 


Linwell, 


Sandager, 


Gray, 


McBride, 


Slotten, 


Griggs, 


Parsons of Morton, 


Stevens, 


Harris, 


Peterson, 


Turner, 


Haugen, 


Powles, 


Wallace, 


Hoyt, 


Ray, 


Williams. 


Johnson, 


Bichardson, 


Mr. President. 


Those who voted 


in the negative were — 




Messrs — 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Fay, 


O'Brien, 


Bartlett of Griggs, 


Flemington, 


Parsons of Rolette, 



268 



JOUBNAL OF THB CONVENTION, 



fieU, 


Gayton, 


Patdson, 


Bennett, 


Gliok, 


Puroell, 


Blewett, 


Hegge, 


Pollock, 


Brown, 


Holmes, 


Robertson, 


Budge, 


Lowell, 


Soott, 


Gamp, 


Mathews, 


Selby, 


Garland, 


Meaoham, 


Shnman, 


Garothers, 


MiUer, 


Spalding, 
Wellwood, 


Ghaffee, 


Moer, 


Glapp, 


Noble, 


Whipple. 


Douglas, 


Nomland, 




Absent and not voting — 




Meesrs— 


Messrs — 


Messrs — 


Almen, 


Golton, 


McHngh, 


Appleton, 


Leaoh, 


MoKenzie, 


Bean, 


Lohnes, 


Powers, 


Best. 


Marrinan, 


Bolfe, 



Glark, 

And so the motion was lost. 

The questio'i recurring on the substitute motion of Mr. S^^ott, tl 
ayes and nays were demanded. 

The roll being call, there were ayes, 37; nays, 26. 
Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs — 


Bartlett of Dickey. 


Fay, 


Nomland, 


Bartlett of Griggs, 


Flemington, 


O'Brien, 


Bell, 


Gayton, 


Parsons, of Bolette, 


Bennett, 


Glick, 


Paulson, 


Blewett, 


Hegge, 
Holmes, 


Puroell, 


Brown, 


Pollock, 


Badge, 


Mathews, 


Bobertson, 


Gamp, 


Meaoham, 


Scott, 


Garland, 


MoBride, 


Selby, 


Garothers, 


Miller, 


3human, 


Ghaffee, 


Moer, 


Wellwood, 


Glapp, 


Noble, 


Whipple. 


Dooglas, 






Those who voted 


in the negative were : 




Messrs — 


Messrs — 


Messrs— 


Allin, 


Lander, 


Sandager, 


Golton, 


Tiinwell, 


Slotten, 


Elliott, 


Parsons, of Morton. 


Spalding, 


Gray, 


Peterson, 


Stevens, 


Griggs, 


Powles, 


Turner, 


Hams, 
Hangen, 


Ray, 


Wallace, 


Bichardson, 


Williams. 


Hoyt, 


Bowe, 


Mr. President. 


Johnson, 






Absent and not voting — 




Messrs— 


Messrs — 


Messrs— 


Almen, 


Leach, 


McHugh, 


Appleton, 


Lohnes, 


McKenzie, 


Bean, 


Lowell, 


Powers, 


Beet. 
Glark, 

And BO the motio 


Marrinan, 


Bolfe, 


n prevailed. 





TuBSDAY, August 13, 1889. 



269 



Mr. Lauder moved that the following be inserted in article one as 
section twenty-three: 

^^Every citizen of this state shall be free to obtain employment wherever 
possible, and an^r person, corporation, or a^nt thereof, intei^eringor hindering 
Tn any way, a citizen from obtaining or enjoying employment already obtained 
from anv other corporation or person shall be deemed guilty of a misdemeanor 
ctnd shall be punished according to law." 

Mr. Moer raised the point of order that the motion could not be 
made at this time. 

The chair decided the point of order well taken. 
Mr. Lauder appealed from the decision of the chair. 
Which appeal was sustained. 

Mr. Scott moved to lay the amendment of Mr. Lauder on the table. 
Which motion was withdrawn. 

Mr. Spalding moved to amend the section proposed by Mr. Lauder 
»o as to read as follows: 

Eveiy citizen of this state shall be free to obtain emp1o;jrment wherever pos- 
sible, and any person, corporation, or agent thereof, maliciously interfering or 
bindering in any way, any citizen from obtaining or enjoving employment al- 
r-^adj obtained from any other corporation or person, shall be deemed guilty of 
cft. misdemeanor. 

Which amendment was accepted and the original motion as amended 
p>re vailed. 

Section 24 was adopted, 

Mr. Carland moved to insert a semi-colon (;) between the words 
**act" and "or" in section nineteen. 

Which motion prevailed. 

Mr. Selby moved that the preamble and article one he passed as 
amended. 

Ayes and nays demanded. 

The roll being called there were ayes 57. 
Those who voted in the affirmative were: 



esBrs— 


Messrs— 


Messrs— 


Allin, 


Grig|fs, 


Powles, 


Bartlett, of Dickey, 


Hams, 


Puroell, 


Bartlett of Griggs, 


Hegge, 


Pollock, 


Bennett, 


Holmes, 


Ray, 


Blewett, 


Hoyt, 


Richardson, 


Brown, 


Johnson, 


Robertson, 


Budge, 


Lauder, 


Rowe, 


Gamp, 


Linwell, 


Sandager, 


Garland, 


Lowell, 


Hoott, 


Garothers, 


Mathewst 


Selby, 


GhafTee, 


Meacham, 


Shuman, 


Glapp, 


Miller, 


Slotten, 


Golton, 


Moer, 


Spalding, 


Elliott, 


Noble, 


Turner, 


Pay, 


Nomland, 


Wallace, 


Flemington, 


Parsons of Morton, 


Wellwood, 


(Dayton, 


Parsons of Rolette, 


Whipple. 


GHok, 


Paulson, 


Wilhams, 


Gray, 


Peterson, 


Mr. President. 



270 Journal of the Convention, 



Absent and not voting — 

Messrs — ^ Messrs — Messrs— 

Almen, Douglas, MoHugh, 

AppletoDy HangeD, MoKenzie, 

Bean, Leaoh, O'Brien, 

Bell, Lohnes, Powers, 

Best, Marrinan, Bolfe, 

Glark, MoBride, Stevens, 

And so the preamble and article one as amended was passed. 

Mr. Barfclett, of Gri^trs, moved that when the convention adjournjit 
be to meet a^ain at 9:80 o'clock to-morrow morning. 
Which motion prevailed. 

Mr. Colton moved that as soon as an article is adopted it be sent to 
the enrolling and engrossing clerks. 
Which motion prevailed. 

Mr. Parsons moved to adjourn. 
Which motion prevailed, 
And the convention adjonmed. 

J. G. Hamilton, 
Chief Clerk. 



Wednesday, Aug. 14, 1889. 

The Convention assembled at 9:30 o'clock a. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was oflFered by the Chaplain. 

The roll was called, all members absent being excused. 

PETITIONS, remonstrances, ETC. 

MatvujIjE, N. D., Aug. 13. 
To the Hons. Paulson and Hegge : 

Farmers in Steele and Traill endorse location of public institutions. 

J. BoSHOIiT. 

MayvimiB, N .D., Aug. 13, 1889. 

To the Hons. Paulson and Hegge : 

Congratulations from Buxton, Beynolds, Gumings, Caledonia; only kickers 
are Hillsboro and Portland. 

D. D. MUBBKY. 

Clopfobd, N. D., Aug. 13., 1889. 

To the Hons, Paulson and Hegge : 

Everybody here satisfied with the location of public institntionB. 

A. F. KbaabtjB. 



r 



Wednesday, August 14, 1889, 271 



MATYiiiiiB, N. D., Angnist 13, 1889. 

To Hon, E, M, Paulson ; 

Caledonia seeds word she endorsee you and 'Regge, Traill and Steele 
nearly solid for the oonstitation. 

£. I. Smith. 

MATViiiLB, Augrnst 13, 1889. 

To Hons. Paulson and Hegge: 

Big petition goes on train. Traill O. K., except Hillsboro and Portland; 
farmers jnbilent. A. F. Anderson. 

HiiiiiBBORo, Aug. 13, 1889. 

To tlie Presi/lent of the Constitutional Convention : 

The citizens of Caledonia the capital of Traill county congratulates the 
members of the Constitutional Convention, and heartily endorse the wisdom 
and unselfish patriotism manifested in locating all public institutions of the 
state permanently. Your action will be sustained by four-fifths of the voters 
of Traill county. 

J. P. Clabk, 
W. D. Bakeb, 
W. P. Cleveland, 
E. N. Palk, 
And one hundred others. 
Baltimore, Md., Aug. 13, 1889. 

To the President of the Constitutional Convention : 

Capitalists of Baltimore, who have $250,000 invested in North Dakota, 
oongratulate you and the members on the good Constitution you have pre- 
pareid and the judicious location of public institutions. Regards to Harvey 
Harris. G. Lane Tanbhill, 

For the Syndicate. 

Mandan, Aug. 13, 1889. 

To the President of tlie Constitutional Convention: 

The Republican Convention of Morton county, in session assembled, by a 
unanimous vote express to your honorable body their hearty approval of your 
action in locating the public institutions of this state. 

S. W. Unkbnholz, J. J. Luck, 

Secretary. Chairman. 

ABTICLE II. 

Sections twenty-five (25), twenty-six (26), twenty-seven (27) 
and (28) were adopted. 

Mr. Noble moved to amend section twenty-nine by inserting 
after the word "district" in line eight the words "and no county 
shall be entitled to more than one senator." 

Which motion was lost 

Sections twenty-nine (29), thirty (30), thirty-one (31), thirty- 
two (32), thirty-three (33) and thirty-four (34) were adopted. 

Mr. Parsons of Kolette, moved that section thirty-five (35) be 
amended so that it shall read as follows: 

The legislative districts shall be composed of contif^ous and compact ter- 
ritory, bounded by county lines, and each county having two hundred voters 
shall be entitled to one representative, and additional representation accord- 
ing to population ; provided^ that in counties divided into two or more senatorial 



272 



Journal of the Convention, 



districts, said districts shall oonstitnte a legfislative district and be entitled to 
representation according to population. 

Ayes and nays demanded. 

The roll being called there were ayes 28, nays 36, viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Gayton, 


Parsons of Morton, 


Bennett, 


Glick, 


Parsons of Rolette, 


Blewett, 


Gray, 


Ray, 
Rolfe, 


Brown, 


Griggs, 


Camp, 


Harris, 


Rowe, 


Garland, 


Hoyt, 


Turner, 


Clapp, 


Meaoham, 


WaUace, 


Colton, 


Noble, 


Williams. 


Fay, 


O'Brien, 


Mr. President. 


Flemington, 






Those who voted 


in the negative were: 




Messrs — 


Messrs— 


Messrs — 


Allin, 


Lauder, 


Pollock, 


Bartlett of Griggs, 


Tjinwell, 


Richardson, 


BeU, 


Lohnes, 


Robertson, 


Budge, 


Lowell, 


Handager, 


Carothers, 


Mathews, 


Scott, 


CbafFee, 


McBride, 


Selby, 


Douglas, 


McKenzie, 


Shuman, 


ElUott, 


Miller, 


Hlotten, 


Hangen, 


Nomland, 


Spalding, 


Hegge, 


Paulson, 


Stevens, 


Holmes, 


Peterson, 


Wellwood, 


Johnson, 


Powles, 


Whipple. 


Absent and not voting- 




Messrs— 


Messrs — 


Messrs — 


Almen, 


Clark, 


Moer, 


Appleton, 


Leach, 


Powers, 


Bean, 


Marrinan, 


Puroell, 



Best, McHugh, 

And so the amendment was lost. 

Mr. Purcell moved to amend section thirty-five (35) by adding 
at the end thereof the following: 

Each elector may cast as many votes for Representatives as there are Repre- 
sentatives to be elected,or may cast for one candidate as many votes as there are 
Representatives to be elected, or may divide his votes among the Representa- 
tives as he may see fit. 

Ayes and nays demanded, 

The roll being called, there were ayes 21 ; nays 44. 

Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs — 


Bartlett of Dickey. 


Douglass, 


Noble, 


Bartlett of Griggs. 


GUck, 


O'Brien, 


BeU, 


Gray, 


Parsons of Morton. 


Bennett, 


Origgs, 


Powles, 


Blewett, 


Hegge, 


Puroell, 


Camp, 


Lowell, 


Ray, 


Garland, 


McBride, 


Mr. President 



Wednesday, August 14, 1889. 



273 



Those who voted in the negative were: 




Messrs— Messrs — 


Messrs- 


Allin, Johnson, 


Robertson, 


BrowD, Lauder, 


Rolfe, 


Budf^, Linwell, 


Rowe, 


Carothers, Lohnes, 


Bandager, 


Ghaffee, Mathews, 


Scott, 


Glapp, Meaoham, 


Selby, 


Ck>lton, MoKeDsie, 


Shnman, 


Elliott, Miller, 


Blotten, 


Fay, Nomland, 


Spalding, 


Flemin^D, PiirsoDs of Rolette, 


Stevens, 


G^ytoD, Paulson, 


Turner, 


Harris, Peterson, 


Wallace, 


Hansen, Pollock, 


Wellwood, 


Holmes, RiohardiBOD, 


Whipple, 


Hoyt, 


Williams, 


Absent and not voting: 
Messrs— Mesdrs — 




Messrs— 


Almen, Clark, 


McHugh, 


Appleton, Leach, 


Moer, 


Beau, Marrinan, 


Powers, 



Best, 

And so the amendment was lost. 

Mr. Purcell moved to amend section thirty-five (35 ) by adding at 
the end thereof the following : 

The Legislative Assembly shall divide the senatorial distnots into repre- 
sentative districts and no more than one representative shall be elected from 
one district. 

Ayes and nays demanded. 

The roll being called there were ayes 31, nays 34. 

Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs- 


Bartlett of Dickey, 


Oayton, 


Parsons of Morton, 


Bell, 


Ghok, 


Parsons of Rolette, 


Benuetty 


Gray, 


PuroeU, 


Blewett, 


Griggs, 


Ray, 
Rolfe, 


Brown, 


Hegge, 


Gamp, 


Hoyt, 


Selby, 


Garland, 
Glapp, 


Lowell, 
McBride, 


Spalding. 
Wallace, 


Douglas, 


Noble, 


Williams, 


Pay, 


O'Brien, 


Mr. President. 


Flemington, 






Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs — 


Allin, 


Tiinwell, 


Richardson, 


Bartlett of Griggs, 


Lohnes, 


Robertson, 


Budge, 


Mathews, 


Rowe, 


Garothers, 


Meaoham, 


Sandager, 


Ghaffee, 


McKenzie, 


Hoott, 


Golton, 


Miller, 


Shuman, 


EUioct, 


Nomland, 


Slotten, 


Harris, 


Paulson, 


Stevens, 


Haugen, 


Peterson, 


Turner, 


Holmes, 


Powlee, 


Wellwood, 


Johnson, 


Pollock, 


Whippla 


Lander, 







35 



274 



Journal of the Convention, 



Messrs — 
MoHugh, 
Moer, 
Powers. 



Absent and not voting: 
Messrs — Messrs — 

Almen, Clark, 

Appleton, Leach, 

Bean, Marrinan, 

Best, 

And so the amendment was lost. 

Mr. President called Mr. Garland to the chair. 

Mr. Lauder moved that section thirty-five be adopted as re- 
ported from the committee. 

Ayes and nays demanded. 

The roll being called, there were ayes, 49; nays, 16. 

Those who voted in the affirmative were: 



Messrs— 


Messrs- 


Messrs — 


Allin, 


Johnson, 


Biohardaon. 


Bartlett of Griggs, 


Lauder, 


Robertson, 


Bell, 


Linwell, 


Bowe, 


Bennett, 


Lohnes, 


Sandager, 


Blewett, 


Lowell, 


Soott, 


Budge, 


Mathews, 


Selby, 


Carap, 


Meaoham, 


Shuman, 


Garothers, 


McBride, 


Slotten, 


GhafPee, 


MoKenzie, 


Spaldmg, 


Clapp, 


Miller, 


Stevens, 


Colton, 


Nomland, 


Turner, 


Douglass, 


Parsons of Morton, 


Wallace, 


Rlliott, 


Paulson, 


Wellwood, 


Glick, 


Peterson, 


Whipple, 


Harris, 


Powles, 


Williams, 


Haugen, 


Pollock, 


Mr. President 


Holmes, 






Those who voted 


in the negative were: 




Messrs— 


Messrs- 


Messrs-:- 


Bartlett of Diokey, 


Gray, 


G'Brien, 


Brown, 


Griggs, 


Parsons of Bolette. 


Garland, 


Hegge, 


Puroell, 


Fay, 


Hoyt, 


Ray, 
Rolfe, 


Flemington, 


Noble, 


Gayton, 






Absent and not voting: 




Messrs — 


Messrs — 


Messrs — 


Ainien, 


Glark, 


McHngh, . 


Appleton, 


Leaoh, 


Moer, 


Bean, 


Marrinan, 


Powers, 



Best, 
And so the motion prevailed. 

Mr. Johnson moved to amend section thirty (30) by inserting 
after the word "class" where it last appears in the sixth line, the 
wordsl "In the senate first elected under this Constitution." 

Which motion was lost. 

Mr. Spalding moved to amend section thirty (30) by inserting 
after the word "'class" where it last appears in the sixth line, the 
words "elected in 1890." 



Wednesday, August 14, 1889. 275 



Which motion preyailed. 

Mr. Scott moved that when a section has been passed as adopted 
it shall not be returned for the purpose of amendment except 
by unanimous consent 

Mr. Clapp moved as a substitute that when any changes are de- 
sired to be made in any section which has been passed, they shall 
only be considered at the time the article as a whole is being con- 
sidered for final adoption. 

Mr. Williams moved to lay the principal motion and the substi- 
tute on the table. 

Which motion prevailed. 

Mr. Camp moved to amend section thirty-five (35) by adding 
the following: 

The Leffifllative Assembly shall, in the year 1895, and every tenth year 
thereafter, caose an enmneration to be made of all the inhabitants of this 
state, and shall at its first ref^ar session, after each snoh enumeration and 
also after each federal oensos, proceed to fix by law the number of senators 
which shall oonstitute the senate of North Dakota, and the number of repre- 
sentatives whioh sh^ oonstitute the House of Representatives of North Dako- 
to, within the limits prescribed by this Constitution; end at the same ses- 
sion shall proceed to re-apportion the state into senatorial districts, as pre- 
Boribed by this Constitution, and to fix the number of members of the House 
of Representatives, to be elected from the several senatorial districts. 

Which amendment was adopted. 

Mr. Johnson moved as an amendment that the words "and also 
after each federal census" be inserted after the word "enumera- 
tton." 

Which amendment prevailed. 

Mr. Parsons of Morton, moved to reconsider the vote by 
which Mr. Camp's amendment to section thirty-five (35) was 
adopted. 

Which motion was lost. 

Mr. Bolfe moved to amend Section thirty-five (35) by adding 
thereto the following: 

Provided^ That the Legislative A^semby, at any re/^ilar session, may 
re-district the state into senatorial distrtcts and apportion the senators and rep- 
resentatives resx)ectively. 

Mr. Purcell offered the following as an amendment to the amend- 
ment proposed by Mr. Rolf e: "The Legislative Assembly shall 
have the power to apportion the senatorial districts into represen- 
tative districts." 

Ayes and nays demanded. 

The roll being called, there ayes 29, nays 28, viz. 

Those who voted in the affirmative were: 

Messrs— Messrs— Messrs — 
Bartlett of Dickey, Ghiyton, Powles, 

Bell, Gray, Purcell, 

Bennett, Grig^, Ray, 

Blewett, Hams, Bolfe, 

Camp, Hoyt, Bowe, 



276 



Journal of the Convention, 



Garland, 


Lowell, 


Spalding, 


Glapp, 


Mo Bride, 


Turner, 


Donglas, 


Noble, 


Williams^ 


Pay, 


O'Brien, 


Mr. President. 


Flemington, 


Parsons of Morton, 




Those who voted i 


in the negative were: 




Messrs— 


Messrs- 


Messrs- 


Allin, 


Johnson, 


Pollock, 


Bartlett of Grig^, 


Lander, 


Bidiardflon, 


Budge, 


Linwell, 


Robertson, 


Oarothers, 


Mathews, 


Sandager, 


OhafFe 


Meaoham, 


Soott, 


Colton, 


MoEenzie, 


Slotten, 


ElUott, 


Nomland, 


Stevens, 


Hangen, 


Paulson, 


Wallace, 


Hegge, 
Holmes, 


Peterson, 


Wellwood, 






Absent and not voting: 




Messrs — 


Messrs — 


Messrs — 


Almen, 


Gliok, 


Moer, 


Appleton, 


Leaoh, 


Parsons of Rolette, 


Bean, 


Lohnes, 


Powers, 


Best, 


Marrinan, 


Selby, 


Brown, 


MoHngh, 


Shuman, 


Clark, 


Miller, 


Whipple. 


And so the amendment to the amendment prevailed. 


Mr. Stevens moved to adjourn. 




Which motion was lost 





The question recurring on the motion of Mr. Bolfe as amended. 
The ayes and nays were demanded. 
The roll being called, there were ayes 30; nays 27 viz: 
Those who voted in the affirmative were: 



Messrs— 


Messrs- 


Messrs — 


Bartlett of Dickey, 


Fay, 


Noble, 


BeU, 


Flemington, 


G'Brien, 


Bennett, 


Ghiyton, 


Parsons of Morton, 


Blewett, 


Gray, 


Purcell, 


Brown, 


Harris, 


Itey, 


Gamp, 


Hegge, 


Rolfe, 


Garland, 


Hoyt, 


Rowe, 


Glapp, 


Lowell, 


Turner, 


Golton, 


Meaoham, 


Williams, 


Douglas, 


McBride, 


Mr. President. 


Those who voted 


in the negative were: 




Messrs— 


Messrs- 


Messrs— 


Allin, 


Lin well, 


Robert*son, 


Bartlett of Griggs, 


Mathews, 


Bandager, 


Budge, 


MoKenzie, 


Scott, 


Garothers, 


Nomland, 


Blotten, 


GhafiFee, 


Paulson, 


Spalding, 


Elliott, 


Peterson, 


Stevens, 


Haugen, 


Powles, 


Wallace, 


Johnaon, 


Pollock, 


Wellwood 


Lauder, 


Richardson, 





Wednesday, August 14, 1889. 



277 



Absent and not voting: 

Messrs — Messrs — 
Almen, Griflrgs, 

Appleion, Holmes, 

Bean, Leaoh, 

Best, Lohnes, 

Clark, Marrinan, 

Gliok, MoHngh, 



Messrs- 
Miller, 
Moer, 

Parsons of Bolette, 
Powers, 
Selby, 
Shaman, 
Whipple. 



And so the amendment as amended prevailed. 
Mr. Turner moved to adjourn. 
Which motion prevailed. 



AFTERNOON SESSION. 

The Convention assembled at 2 o'clock p. m. pursuant to ad- 
journment. 

Mr. President called Mr. Noble to the chair and took the floor 
to explain the charge made by Mr. Bennett in a speech at Grand 
Forks, and afterwards reiterated in certain newspapers, that on 
last Thursday evening he had prevented the reading of certain 
telegrams. 

Mr. Parsons of Morton, oflPered the following resolution: 

Resolved, That it is the sense of this Convention that we entirely exoner- 
ate the President of this Convention from the charge made a^nst him by 
Mr. Bennett of Grand Forks, as reported in the Grand Forks Herald. 

Ayes and nays demanded. 

The roll being called there were ayes, 71; nays, none, viz: 

Those voting in the affirmative were: 
Messrs— Messrs— 

Allin, Harris, 

Appleton, Haugen, 

Bartlett of Dickey, Hegge, 



Bartlett of Griggs, 

Bell, 

Bennett, 

Best, 

Brown, 

Budge, 

Camp, 

Cariand, 

Carothers, 

Chaffed, 

Clapp, 

Clark, 

Colton, 

Douglas, 

EUiott, 

Fay, 

Flemington, 

Gteyton, 

GUck, 

Gray, 

Griggs, 



Hounes, 

Hoyt, 

Johnson, 

Lander, 

Leach, 

Linwell, 

Lohnee, 

Lowell, 

Marrinan, 

Mathews, 

Meacham, 

MoBride, 

McHngh, 

McKenzie, 

Miller, 

Moer, 

Noble, 

Nomland, 

O'Brien, 

Parsons of Morton, 

Parsonr. of Bolette, 



Messrs — 
Paolson, 
Peterson, 
Powers, 
Powles, 
Purcell, 
Pollock, 
Bay, 

Bichardson, 
Bobertson, 
Bolfe, 
Bowe, 
Sandager, 
Scott, 
Selby, 
Shnman, 
Slotten, 
Spalding, 
Stevens, 
Turner, 
Wallace, 
Wellwood, 
Whipple, 
Williams. 



278 



Journal of the Convention, 



Absent and not voting: 

Mr. Almen, Mr. Bean, Mr. Blewett. 

Mr. Moer moved that the chief clerk be granted an opportunity 
to explain. 

Which motion prevailed, and 

The chief clerk made a statement to the effect that he had at- 
tempted to read the message referred to, but was prevented by 
members moving to adjourn. 

Mr. Bolfe moved that the vote by which the amendment of the 
gentleman from Richland, providing that the Legislative Assem- 
bly may apportion senatorial districts into representative districts, 
was passea be reconsidered. 

Mr. Purcell moved to lav the motion on the table. 
Ayes and nays demanded. 

The roll being called there were ayes 18, nays 55, viz: 

Those who voted in the affirmative were: 



eesrs — 


Messrs — 


Messrs— 


Appleton, 


Garland, 


MoBride, 


Bartlett of Diokey, 


Douglas, 


Noble, 


BeU, 


Flemington, 


O'Brien, 


Bexmett, 


Gray, 


Powers, 


Blewett, 


Griggs, 


Parcel^ 


Gamp, 


Marrinan, 


Ray. 


Those who voted 


in the negative were: 




[eBBTB— 


Messrs — 


Messrs — 


Allin, 


Johnson, 


Pollock, 


Bartlett of Griggs, 


Lauder, 


Riohardson, 


Beet, 


Leaoh, 


Robertson, 


Brown, 


Linwell, 


Rolfe, 


Badge, 


Lohnes, 


Rowe, 


Garothers, 


Lowell, 


Sandager, 


Ghaffee, 


Mathews, 


Soott, 


Glapp, 


Meaoham, 


Selby, 


Glark, 


MoHugh, 


Shuman, 


Golton, 


McKensn'e, 


Slotten, 


Elliott, 


Miller, 


Spalding, 


Fay, 


Moer, 


Stevens, 


Ghiyton, 


Nomland, 


Turner, 


QUck, 


Parsons of Morton, 


Wallace, 


Harris, 


Parsons of Rolette, 


Wellwood, 


Haugen, 


Panlson, 


Whipple, 


Hegge, 
HohneR, 


Peterson, 


Williams, 


Powles, 


Mr. President. 


Hoyt, 







Absent and not voting: 

Mr. Alman, Mr. Bean. 

And so the motion to lay on the table was lost 

Mr. Stevens moved to strike out the following words: **The 
Le^lative Assembly shall have the power to apportion the sena- 
torial districts into representative districts. 



Wbdnbbdat, AoaDST 14, 1889. 



Which motion prevailed- 

Section thirty-five (35) as amended was adopted. 

Section thirty-six (36) was adopted. 

Mr. Camp moved to strike out the word "officers" in line three 
z»t section thirty-eeven (37). 

Which motion prevailed, and 

Section thirty-seven ae amended was adopted. 

Section thirty -eight (38) was adopted. 

Mr. Stevens moved that section thirty-nine (39) be amended 
=^ adding at the close thereof the following words: "Unless he 
K rhall have resigned before his appointment." 

Which motion was withdrawn. 

Section thirty~nine (39). forty (40), forty-one (41), forty-two 
'_ 42), forty-three (43) and forty-fonr (44) were adopted. 

Mr. Johnson moved to strike out the words "five dollars per 
■-ay" in section forty-five (46), and insert therefor "five hundred 
L ollars per session." 

The recommendations of the committee as to section forty-five 
-45), were concurred in. 

Ayes and nays demanded on Mr. Johnson's motion. 

The roll being called there were ayes 11; nays 62, viz- 

Thoee who voted in the affirmative were: 



bmn— 




Meeera- 


ApplcAon, 


Jahnwn, 


Peterson, 


Bartlett of Origes, 


HflBride, 


Pollock, 


Bennett, 


Nomland, 


Mr. FreeideDt 


Gray, 


Poreonfl of Morton, 




Those who voted 


in the n^ative were: 




1«»»- 


Heeara- 


Heeara- 


AUiD, 


Hturie, 


Powera, 


BarUett of Dickey, 


HaogMi, 


Powlee. 


BeU, 


Hesse, 


Puroell, 


Bert. 


Hol^, 


Ray, 


Blewett, 


Hoyt, 




Brown, 


Lander. 


Robertaou, 


Bndge, 


Leach, 


Boire, 


Oamp, 


Linwell, 


Bowe. 


Carliiid, 


Lohnee, 


SandBK«r, 


Garotben, 


Low^T 


SoottT 


Ohaflee, 


Marrinan, 


Selby, 


ColtOB, 


Mathews, 


Shmnan, 


a; 

DoogW 


Heaobam, 


Hlottea. 


McHneh, 


Spalding, 




Stevena, 


EUi^ 


HUler, 


Tamer, 


PaT^ 


Moer, 


Wallace, 


Fleminetoii, 


NoWc 


Wellwood, 


OaytoD, 


O'Brien. 


Whipple, 


Qliak, 


FarsoDB of Rolette, 


WiUiams. 


QriggB, 


Paolaon, 




Absent and not voting: 




Hr. Ahnen, 


Hr. Beau. 





280 Journal op the Convention, 



Messrs. Parsons of Morton and Spalding explaining their 
votes. 

And so the amendment was lost. 

Section forty-five (45), as recommended to be amended by the 
committee, was adopted. 

Sections forty-six (46), forty-seven (47), forty-eight (48), forty- 
nine (49), fifty (50), fifty-one (51) and fifty-two (52) were 
adopted. 

The letter ''m" in line two of section fifty-three (53) was 
stricken out, and the word **noon" substituted therefor, and as 
thus amended the section was adopted. 

Sections fifty-four (54), fifty-five (55), fifty-six (56), fifty-seven 
(57), fifty-eight (58), fifty-nine (59), sixty (60), sixty-one (61), 
sixty-two (62), sixty-three (63), sixty-four (64), sixty-five (65), 
sixty-six (66), sixty-seven (67), sixty-eight (68), were adopted. 

Mr. Pollock moved that subdivision fifteen (15) of section 
sixty-nine (69) be stricken out 

Which motion was lost. 

Sections sixty-nine (69) and seventy (70) were adopted. 

Section forty-three (43) was amended by striking out the first 
word of the section "A" and substituting therefor the word 
"Any." 

Mr. Bolfe move<l that Article II be adopted as amended. 

Which motion prevailed. 

ARTICLE III. 

The recommendations of the committee as to section seventy- 
one (71) were concurred in. 

Mr. Rolfe moved to strike out the word "who" in the fourth line 
of section seventy-one (71). 
Which motion prevailed and 

Section seventy-one (71) as amended was adopted. 
Mr. Eowe moved to strike out all after the word "territory" in 
line five of section seventy-two (72). 
Ayes and nays demanded. 

The roll being called there were ayes, 13; nays. 55, viz: 
Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs— 


AUin, 


Meacham, 


Bowe, 


Clapp, 


MoKenzie, 


Shaman, 


Colton, 


Miller, 


Slotten, 


Lauder, 


Pollock, 


Mr. President 


Leaoh, 






Those who voted 


in the negative were* 




Messrs— 


Messrs- 


Messrs — 


AppletoD, 


Gray, 


Parsons of Bolette^ 


Bartiett of Dickey, 


Grig^, 


Patdson, 


Bartlett of Grigfifs, 


Harns, 


Peterson, 


BeU, 


Han^n, 


Powers, 


Bennett, 


Hegfire, 


Powlee, 



Wkdwksdat, August 14, 1889. 



281 



Beet, 


Holmes, 


Puroell, 


Blewett, 


Hoyt, 


Ray, 
Bolfe, 


Brown, 


Johnson, 


Badge, 


Lanwell, 


Bandager, 


Gamp, 


Lohnes, 


Soott, 


Garland, 


Lowell, 


Selby, 


Garothers, 


Marrinan, 


Spalding, 


Ghaffee, 


Matthews, 


Stevens, 


Clark, 


MoBride, 


Tomer, 


Douglas, 


Moer, 


Wallace, 


Elliot, 


Nomland, 


Wellwood, 


Pay, 


O'Brien, 


Whipple, 


Gkiyton, 


Parsons of Morton, 


Williams, 


GUok, 






Abeent and not voting; 




Messrs — 


Messrs — 


Messrs — 


Almen, 


MoHngh 


Richardson, 


Bean, 


Noble, 


Bobertson. 


Flemington, 






And so the motion 


was lost 





Mr. Spalding moved to amend section seventy-two by striking 
out the words "he be" and inserting the words "any governor." 
Which motion was lost, and 
Section seventy-two was adopted. 

Mr. Pollock moved that the recommendations of the committee 
as to section seveniy-three be concurred in. 

Which motion prevailed, and the section as recommended to be 
amended by the committee was adopted. 

Mr. Parsons of Morton offered the following amendment to sec- 
tion seventy-two. 

Add after word ''elected/' ''provided that no member of theGonstitntional 
Convention shall be eligible to the office of State Senator or Bepresentative for 
one year after its adjonmmenf 

Which amendment was withdrawn. 

Section seventy-four was adopted. 

Mr. Camp moved that the recommendations of the committee as 
to section seventy-five ^75) be concurred in. 

Which motion prevailed and the section as recommended to be 
amended by the committee was adopted. 

Mr. Miller moved that the recommendations of the committee as 
to section seveniy-seven (77) be concurred in. 

Mr. Johnson moved to strike out the word '^hey" in the last 
line of section seventy-seven (77) and insert in lieu thereof the 
words "the Senate." 

Mr. Moer moved to amend the amendment by striking out the 
word "Senate" and insert the word "it" 
Which amendment was lost 

And the original amendment being put was lost 

And the section as recommended to be amended by the com- 
mittee was adopted. 

36 



282 Journal of the Convention, 



Section seventy-eight (78) was adopted. 

Mr. Flemington moved that section seventy-nine (79) as recom- 
mended to be amended by the committee be adopted. 
Which motion prevailed. 

Mr. Miller moved to strike out the word "present" and insert 
the word "elected" in lieu thereof wherever it occurs in that sec- 
tion and is used in that sense. 

Which motion prevailed and the section as amended was 
adopted. 

Section eighty (80) was adopted. 

Mr. Camp moved to adopt the recommendations of the com- 
mittee, as to section eighty-one (81.) 

Which motion prevailed and the section as recommended to be 
amended by the committee was adopted. 

Mr. Clapp moved that the recommendations of the com- 
mittee as to section eighty-two [82] be adopted, 
Which motion prevailed. 

Mr. Purcell moved to amend the section by inserting the word 
"and" after the word "railroads" in the fifth line; also in the 
same line insert the word "one" between the words "and" and 



"commissioners." 



Which motion prevaileci 

Mr. Purcell moved that th^ words "and citizens of the United 
States" be inserted in the ninth line after the word "years." 
Which motion prevailed. 

Section eighty-two [82] as amendeil was adopted. 

Section eighty-three [83] was adopted. 

Mr. Wallace moved to amend section eighty-four [84] by strik- 
ing out the words "the Lieutenant Governor shall receive an 
annual salary of one thousand dollars" and inserting therefor the 
words "the compensation o/ the Lieutenant Governor shall be 
double that of a State Senator." 

Ayes and nays demanded. 

The roll being called, there were ayes 28; nays 33, viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs— 


Messrs— 


Allin, 


Hansen, 


Powers, 


AppletoD, 


Hoyt, 


Pollock, 


Bartlett of Grigfgs, 


Johnson, 


Richardson, 


Bennett, 


Leach, 


Robertson, 


Best, 


Mathews, 


Slotten, . 


Blewett,1 


McBride, 


Spalding,' 


Carothers, 


O'Brien, 


Ttimer, 


Clark, 


Parsons of Morton, 


Wallace, 


Elliott, 


Parsons of Rolette, 


Wellwood, 


Flemington, 


Peterson, 





Wednesday, August 14, j 



Those who voted 


iu the negative were: 




Hewn- 




MesBM- 


MeBBre— 


BarUett of Diok«y, 


Harria, 


Noble, 


Bndge, 




Hefftre. 


PanlBOD, 


Camp. 




Holmea, 


Powlee, 


OBrland, 




Lauder, 


PiiroeU, 


Chaffee, 




Linwell. 


Bay. 


Cl«pp. 




Lowell, 


Bowe, 


ColtOL, 




Meaoham, 


Soott, 


Fay. 




McHagh, 


Selby. 


Gsytoii, 




McEemsie, 


Shnman, 


am, 




Miller, 


WilUamB, 


G»y. 




Moer, 




Absent 


and not voting: 




MeBHra- 






Meeere- 


Almen, 




Griggs, 


Bolfe, 


BeaD, 




Loboes, 


Sandager. 


BeU, 




, Harrinan, 


Steveiix, 


Brown,' 




Nomland, 


Whipple. 



Doaglss 

And BO the amendment was lost 

Mr. Bartlett of Griggs, moveil to amend section eighty-four 
(84) by striking out the words "and attorney general" in line six, 
and inserting the same words after the words "lieutenant gov- 
ernor" in line three; also in line three insert the word "each" 
after the word "shall." 

Ayea and nays demsmded. 

The roll being called, there were ayes, 10: nays, 52, viz: 

Those who voted in the affirmative were: 



leaam- 


Meaere- 


Meaara- 


Allin, 


BfatbewB. 


'Piirner, 


Bartlett ofGriggB. 


Riohardson, 


WotlBoe, 


Beat. 


Slotten, 


Wellwood, 


Elliott, 






Those who voted 


in the negative were: 




lesare- 


Meeara- 


Moasre- 


Bartlett of Diokey. 


Hangen, 


Fanlaon. 


Blewett. 


Holmes. 


Powers, 


Badge, 


Hoyt, 


Powlea. 


Camp, 


Johneon, 


PuroeU, 


Garland, 


Lauder, 


Pollock. 


OarotheTB, 


Linwell. 


?:&«.™ 


Chaffee, 


Lowell, 


» 


Meaahani, 


Bolts, 


MoHngh. 


Rowe, 


GoUon, 


MoKeDzie, 


Soott, 


DonasSs, 


MiUer. 


Selby, 


Fay, 


Bloer, 


Shnman, 


Flemington, 


Noble, 


Spalding. 


Oayton, 


Ncmland. 


Steveua, 


Olick, 


O'Brien, 


Whipple, 


Gray, 


Pbtbohb ot Rolette, 


wmJ^ 


QriigB, 


Pbtbom ot Morton, 


Mr. PieeidenL 


Hanu. 







284 Journal ok the Convention, 



Absent and not voting: 

MeBsrs — MeBsrs — MeBsrs— 

AlmeD, Brown, Marrinan, 

Appleton, Hegge, MoBride, 

Bean, Leaoh, Peterson, * 

Bell, Lohnes, Sandager, 
Bennett, 

And so the amendment was losi 

Section eighty-four (84) was adopted. 

Mr. Colton moved that Article III, as amended be adopted. 

Which motion prevailed. 

The President announced an informal recess for ten minutes. 

ARTICLE IV. 

Mr. Noble moved that the sections of Article lY be adopted 
without reading, except in cases where there is an objection or a 
recommendation of amendment by the committee. 

Which motion was lost. 

Sections eighty-three (83)| eighty-six (86) and eighty-seven 
(87) were adopted. 

Mr. Miller moved that the recommendation of the committee as 
to section eighty-eight [881 be adopted. 

Mr. Noble moved as a suostitute that the section be amended 
to read "Until otherwise provided by law three terms of the su- 
preme court shall be held each year at the seat of government." 

Mr. Spalding moved a call of the house. 

Mr. Scott moved that further proceedings under the call of the 
house be dispensed with. 
Which motion was losi 

Mr. Spalding moved a call of the house. 
Which motion prevailed, and 
The roll was called. 

All members present except Messrs. Almen, Bean, Budge, Gay- 
ton, Glick, Griggs, Lohnes, Ilay, Sandager and Stevens. 
Messrs. Almen and Bean being excused. 

Mr. Spalding moved to dispense with further proceedings under 
the call. 
Which motion was lost. 

Mr. Johnson raised the point of order that only a majority of 
those voting was necessary to carry the motion. 

Mr. President decided the point not well taken. 
Mr. Moer appealed from the decision of the chair. 
Which appeal was not sustained. 

Mr. Moer moved to adjourn. 
Which motion was lost. 



Wednesday, August 14, 1889. 



285 



Mr. FlemingtoD moved that further proceedings under the call 
be dispensed with. 

Which motion was lost 
Mr. Camp moved to adjourn. 
Which motion prevailed, and 
The Convention adjourned. 

EVENING SESSION. 

The Convention assembled at 8 o'clock p. m. pursuant to ad- 
journment. 

Mr. Bartlett of Orig&^s, moved that when we adjourn it be to 
meet again at 10 o'clock to-morrow morning. 

Mr. Miller moved to amend by substituting "2 o'clock to-mor- 
row afternoon" for "10 o'clock to-morrow morning." 

Which amendment was lost, and 

The original motion being put, prevailed. 

Ayes and nays were demanaed on the substitute proposed by 
Mr. Noble, amending section eighty-eight [88] so that it will read 
"Until otherwise provided by Taw three terms of the supreme 
court shall be held each year at the seat of government." 

The roll being called, there were ayes, 21; nays, 49, viz: 

Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs — 


Allin, 


Elliott, 


Nomland, 


Appleton, 


Hegge, 


O'Brien, 


Bartlett of Griggs, 


Lohnes, 


Parsons of Bolette, 


Bell, 


Marrinan, 


Powers, 


Best, 


MoBride, 


Biohardson, 


Brown, 


Moer, 


Robertson, 


Douglas, 


Noble, 


Selby. 


Those who voted 


in the negative were: 


^ 


Messrs — 


Messrs — 


Messrs — 


Bartlett, of Diokey, 


Holmes, 


Puroell, 


Blewett, 


Hoyt, 


Pollock, 


Badge, 


Johnson, 


Ray, 
Rolfe, 


Gamp, 


Lander, 


Garland, 


Leaoh, 


Rowe, 


Garothers, 


liinwell. 


Sandager, 


GhafTee, 


Lowell, 


Soott, 


Glapp, 


Mathews, 


Shaman, 


Glark, 


Meaoham, 


Slotten, 


Golton, 


MoHngh, 


Spalding, 


Pay, 


MoKenzie, 


Stevens, 


Gayton, 


Miller, 


Turner, 


Gliok, 


Parsons of Morton, 


Wellwood, 


Gray, 


Paulson, 


Whipple, 


Griggs, 


Peterson, 


Williams, 


Hams, 


Powles, 


Mr. President. 


Hangen, 






Absent and not voting: 




Messrs — 


Messrs— 


Messrs- 


Almen, 
Bean, 
Mr. Bennett being < 


Flemington, 


Wallace, 


dxoused. 





286 



Journal of the Convention, 



And so the substitute was lost 

Mr. Miller moved that section eighty-eight [88] as recom- 
mended to be amended by the committee, be adopted. 
Which motion prevailed. 

Mr. Moer moved that the vote by which Articles I, II and 
III were adopted be reconsidered and that the vote to recon- 
sider be laid on the table. 

Which motion prevailed. 

Section eighty-nine [89] was adopted. 

Mr. Spalding moved to amend section ninety [90] by inserting 
the word "not" after the word "shall" in the last line of the sec- 
tion. 

Mr. Stevens moved to lay the motion on the table. 

Which motion prevailed. 

Section ninety [90] was adopted. 

Mr. Purcell moved that the recommendations of the committee 
as to section ninety-one, be concurred in. 

Which motion prevailed, and 

The section as recommended to be amended by the committee, 
was adopted. 

-Section ninety-two [92] was adopted. 

Mr. Johnson moved to amend section ninety-three by inserting 
after the word "clerk" the words "of the supreme court who shall 
be elected by the people for the term of four years." 

Mr. Moer moved to lay the motion on the table. 
Ayes and nays were demanded. 

The roll being called there were ayes 45, nays 27, viz: 

Thbse who voted in the affirmative were: 



[eesrs— 


Meiwrs— 


Messrs — 


Bartlett of QrigfCB, 
Bartlett of Dickey, 


Gray, 


I^oble, 


Griggs, 


O'Brien, 


BeU, 


Harris, 


Parsons of Bolette, 


Blewett, 


Holmes, 


Panlflon, 


Brown, 


Hoyt, 


Powers, 


Bxxdgep 


Lauder, 


Powles, 


Gamp, 


Leach, 


Pnroell, 


Garland, 


Lohnes, 


Pollock, 


GhafiPee, 


Lowell, 


Ray, 


Glapp, 


Marrinan, 


Robertson, 


Glark, 


Meacham, 


Rolfe, 


Fay, 


McHugh, 


Rowe, 


Flemington, 


MciLenzie, 


Shaman, 


Gayton, 


Miller, 


Spalding, 
Wallace. 


Glick, 


Moer, 


Those who voted 


in the negative were: 




essrs— 


Messrs — 


Messrs — 


Allin, 


He^ge, 


Scott, 


Appleton, 


Johnson, 


Selby, 


Bennett, 


TiinweU, 


Slotten, 



Wednesday, August 14, 1889. 287 



Beet, 


Mathews, 


Stevens, 


Carothers, 


MoBride, 


Turner, 


Golton, 


Nomland, 


Wellwood, 


Doii£rlaB, 


Parsons of Mortou, 


Whipple, 


EUiott, 


PetersoD, 


WilliamB, 


Maugen, 


Handager, 


Mr. President. 


Absent and not voting: 




Mr. Alman, 


Mr. Bean. 


Mr. Richardson. 



Mr. Leach explaining his vote. 

And so the motion to lay on the table prevailed. 

Section ninety-three [93] as reported from the committee was 
adopted. • 

Mr. Blewett moved that section ninety-four [94] be amended 
by striking out the word "thirty" in line two and substituting 
therefore the words "twenty-eighi" 

Which motion was lost. 

Mr. Stevens moved that the vote just taken be reconsidered, and 
the motion to reconsider be laid on the table. 
Which motion prevailed. 

Section ninety-four (94) as reported from the committee was 
adoptedi 

Sections niuety-five [95] and ninety-six [96] were adopted. 

Mr. Flemington moved that the recommendations of the commit- 
tee as to section ninety-seven (97) be concurred in. 

Which motion prevailed, and 

The section as recommended to be amended by the committee 
was adopted. 

Sections ninety-eight (98) and ninety-nine (99) were adopted. 

Mr. Pollock moved that section one hundred be amended by 
striking out the word "interested'* in the second line and sub- 
stituting the word "disqualified." 

Which motion was lost, and 

The section as reported by the committee was adopted. 

Sections one hundred and one (101), one hundred and two (102), 
one hundred and three (103), and one hundred and four (104) 
were adopted. 

Mr. Camp moved that section one hundred and five (105) be 
amended by striking out in district No. 4, in the first line, the 
words "of all." 

Which motion prevailed. 

And the section as amended was adopted. 

Mr. Carland moved that the words "each within its territorial 
limits'* be stricken out of section one hundred and three [103]. 

Mr. Parsons of Morton moved as a substitute that the section 
be amended by inserting after the words "conferred by law" 
in the fourth line "and whenever a district judge is absent, sick 



288 



Journal of the Convention, 



or disqualified any other district judge may have juiisdiction 
during such absence, sickness or disqualification in remedial 
writs/' 
Which substitute was lost 

The ayes and nays were demanded on Mr. Garland's motion. 

The roll being called, there were ayes, 23; nays, 48, viz: 

Those who voted in the afSrmative were; 



Messrs — 


Messrs— 


Messrs- 


Blewett, 


Leaoh, 


Powers, 


Gamp, 


Marrinan, 


Pnroell, 


Garland^ 
Chaffee,* 


Meaoham, 


PoUook, 


Miller, 


Ray, 


Fay, 


Moer, 


Soott, 


Flemin^rton, 


Noble, 


Spanlding, 
Whipple. 


Griggs, 


O'Brien, 


Hoyt, 


Parsons of Bolette, 




Those who voted in the negative were: 




Messrs — 


Messis— 


Messrs — 


Allin, 


GUok, 


Peterson, 


Appleton, 


Gray, 


Powles, 


Bartlett of Dickey, 


Harris, 


Biohardson, 


Bartlett of Griggs, 


HangeD, 


RolMitaon, 


BeU, 


Hegge, 


Bolfe, 


Bennett, 


Johnson, 


Bowe, 


Best, 


Lander, 


Sandager, 


Brown, 


Linwell, 


Selby, 


Badge, 


Lohnes, 


Shaman, 


Garothers, 


Mathews, 


Slotten, 


Glapp, 


McBride, 


Stevens, 


Glark, 


MoHngh, 


Turner, 


GoltOD, 


MoEonzie, 


Wallace, 


Douglas, 


Nomland, 


Wellwood, 


EUiot, 


Parsons of Morton, 


Williams, 


Gayton, 


Paulson, 


Mr. PresidMit 


Absent and not voting: 




Messrs— 


Messrs — 


Messrs- 


AlmeD, 


Holmes, 


Lowell. 


BeaD, 






And so the motion 


was lost. 





Mr. Stevens moved that section one hundred and three (103) 
be adopted. 

Which motion prevailed, and 
The section was adopted. 

Mr. Bartlett, of Griggs, moved to reconsider the vote just 
taken and lay the motion to reconsider on the table. 

Mr. Lauder moved the previous question and the question be- 
ing, shall the main question be now put, a vote was taken and 
prevailed. 

Mr. Selbv called for a division of the main question, which be- 
ing divided the motion to reconsider prevailed, and the ayes and 
nays were demanded on the second part; i. e., to lay on the table. 



Wednbsdat, Adodst 14, ] 



The roll being called there were ayea 27 nays , 43, viz; 
Those who voted io the affirmative were: 

HflMra— Heears— 



Allin, 

Bartlett ot OrigKe, 

Bennett, 

Beet, 

Oarotbera, 

GoltOD, 

Gliok, 
Gray. 



LauSer, 
Liowall, 
Hathews, 
HoBride, 
MoHngh, 
Nomland, 



I^TBons of MortoD, 
PsalsoD, 
Peteroon, 
BoKe, 



Those who voted in the negative were: 
Hoytr 

Lohnes, 

Lowell, 

MarrinaD, 

Ueacham, 

HoEenzie, 

Miller, 

N^le, 

O'Brieu, 

FareoDB of Bollette, 

Powera, 



Blotten, 
Steyens, 

Mr. ProBJdeut. 



Fnroell, 
PoUook, 
Bay, 



RiohardsoD, 
Boberteon, 

Soott, 
Selby, 



Wallaoe, 
WellTood, 
Whipple, 
Wtlliatns. 



Camp, 

Oulud, 

Choffea, 

% 

EUiott, 
Fay, 

FlemingtoD, 
GaytoD, 

Holmee, 

Absent and not voting: 
Messrs - Me8Bre— Measts— 

Almen, Bell, Johnson, 

Bean, Douglas, 

And BO the motion to lay on the table was lost 

Mr. Flemington moved that the further consideration ot sec- 
tion one hnndreil and three [1031 be postponed, and that it be 
made a special order for 2 o'cloclt to-morrow. 

Mr. Itolfe moved as a substitate that the section be adopted as 
reported from the committee. 

Which motion was withdrawn and the original motion pre- 
vailed. 

Sections one hnndreil and six [106], one hundred and seven 
[107], one hundred and eight [lOa], one hundred and nine [109) 
and one hundred and ten (110) were adopted. 

Mr. President called Mr. Parsons of Morton, to the chair. 

Mr. Spaldinft moved that the recommendations of the commit- 
tees as to section one hundred and eleven (111) be concarred in. 

Which motion prevailed, and 

The section, as recommended to be amended by the Committee, 
was adoptecL 

Sections one hundred and twelve (112) one hundred and thir- 
37 



290 Journal of the Convention, 



teen (113), one hundred and fourteen (114) and one hundred 
and fifteen were adopted. 

Mr. Scott moved that the further consideration of section one 
hundred and sixteen (116) be postponed, and that it be made a 
special order for two o'clock tomorrow, August 15. 

Which motion prevailed. 

Sections one hundred and seventeen (117), one hundred and 
eighteen (118), one hundred and nineteen (119) and one hun- 
dred and twenty (120) were adopted. 

Mr. Rolfe moved to amend section one hundred and eleven 
(111) by inserting the word "exclusive" after the word "have" in 
the first line. 

Mr. Moer moved to amend by including also the word "origi- 
nal. 

Which amendment was accepted, and 

The original motion, as amended, was adopted. 

Mr. Selby moved that Article IV, as amended, with the excep- 
tions of sections one hundred and three (103) and one hundi'ed 
and sixteen (116), which were made especial order be adopted. 
Which motion prevailed. 

Mr. Selby moved to adjourn. 
Which motion prevailed. 

J. G. Hamilton, 

Chief Clerk. 



Thursday, August 15, 1889. 291 



Thursday, August 15, 1889. 



The Couveution assembled at 10 o'clock a. m., piirsaaut to ad- 
journment. 

The President presiding. 

Prayer was offered by the Chaplain. 

The roll was called, all members absent being excused. 

The Journal of August 13 was read, correcteil and approved. 

Mr. Pollock moved that the reading of communications and roll 
calls be omitted from the reading of the Journal. 
Which motion prevailed. 

PETITIONS, TELEGRAMS AND COMMUNICATIONS. 

Hope, N. D., 13, 1889. 

To the Hon, D, E. Wallace: 

luolosed please find copy of preamble and resolations adopted unani- 
mously at a meeting' of citizens of Steele county, held on Monday even- 
ing, August 12, 1889, at the Hope opera house. The officers of the meeting were 
instructed to present you with a copy and request that you make the same 
known to the Convention. 

John J. Waubeiw}, 
Chairman. 

Whebeas, A majority of the members of the Constitutional Convention 
now in session at Bismarck have, by an assumption of arbitrary powers not in- 
tended by the people of North Dakote to be vested in them, located a number 
of public institutions; and, 

Whbbeas, We believe that improper intiuenoes have been brought to bear 
by corporations and others affected in the location of said buildings and insti- 
tutions; and. 

Whereas, We believe that the location of the capitel of North Dakota is a 
perogative of the people, and should be left to them to be decided by their 
suffrages ; and. 

Whereas, Many of the public buildings and mstitutious wiU not be needed 
for many years to come, and in view of the further fact that large portions 
of the stete of North Dakota are at present sparsely settled, and that no action 
should be taken at the present time which may prejudice their righte and in- 
tereete in the future; and. 

Whereas, The action of said majority of the members of the Constitu- 
tional Convention, if persisted in, will encUinger the adoption of the Constitu- 
tion and thus delay stetohood, as well as place the people at great expense 
should the Convention have to again assemble; therefore, be it 

Resolved^ That we, the people of Steele county, m public meeting as- 
sembled, do hereby protest against the adoption of said article known as File 
143, and ask that the same be stricken from the Constitution before ite final 
adoption; and we respectfully ask our delegates to use all honorable means to 



292 Journal of the Convention, 



defeat the final adoption of the Constitution unless said clause is stricken oat: 
and, be it further 

Resolved^ That we hereby pled^ ourselves to do all in our power to defeat 
the ratification of the Constitution when submitted to a vote of the people, un- 
less our wishes in this respect are complied with. 

R H. Simpson, 
Secretary. 

Pembina, N. D., Aug. 13, 1889. 

To the President of the ConHtitutional Convention : 

We, the undersigned residents of Pembina county, do protest against the 
action of the Constitutional Committee in permanently locating the public in- 
stitutions of North Dakota, and do pray that they reconsider the action that 
they have taken. 

F. A. MiiiiiBB, and 285 others. 

Wahpbton, N. D., Aug, 14, 1889, 
To the Hon. Andrew Slotten: 

The foUowin|( resolutions were unanimously adopted here last night: We, 
the citizens of Bichland county in mass meeting assembled do hereby deeiie to 
express our disapproval of the location of the public institutions of the coming 
State of North Dakota by the Constitutional Convention and the fanning but 
of the state lands for such institutions and give therefore the following reasons: 
First, That the members of such convention were elected for the sole purpose of 
framing a Constitution for the whole state and not to exercise ingenuity in 
furthering the interest of particular localities. Second, That the principle of 
locating such institutions by this convention is unjust in its inception and 
pernicious in its results. Third, That such locations are made by combinations 
for political schemes and private gains. Fourth, The Constitutional Conven- 
tion has no authority to dispose of a hundred and seventy thousand acres 
parcelled out as are expressly granted for such charitable and educational pur- 
poses as the legislature may provide and can only be granted by the legislature. 
Fifth, That the granting of the last mentioned lands was inserted for the pnr- 
I>oee of deceiving members into voting for an otherwise distasteful measure in 
order to secure some home institutions, Therefore, be it 

Resolved, That we express our approval of the course of our delegates who 
voted against such measure and that we respectfully request our other delegate 
to change his vote thereon and that they use their united endeavors to defeat 
the same. 

H. J. MoCUMBBBf 

John Nelson, 
C. N. Wood, 
Committee on Resolutions. 

St. Thomas, N. D., Aug. 13, 1889. 

To the President of the Constitutional Convention: 

A large and very enthusiastic condemnation meeting of the residents of 
this city and vicinity was held at the opera house last evening. 

Wm. McMurchie was elected chairman and A. L. Miller secretary. 

After a number of speeches were made by leading citizens condemning the 
action taken by the Constitutional Convention, and in particular by the home 
delegates, Powles and Holmes, the chair appointed a committee of seven^to 
draft resolutions. 

The resolutions condemned in the severest terms the action of the forty- 
four, and extolled the bravery of the thirty who, in spite of all opposition and 
offers of "boodle," worked and voted for what they knew was right and what 
their constituents desired. 

The resolution also embodied the sentiment that if the Constitution, when 
presented in October, contained any clause permanently locating tiie public 
institutions of North Dakota, every just effort would be made to defeat its 
adoption. 



Thursday, August 15, 1889. 293 



A petition asking the Oouvention to reconsider their action on this matter 
has been signed by two hundred of the citizens of this city and vicinity and 
will be sent to-day to the Convention. 

Whrbeab, We the people of southern Pembina county, have met in mass 
convention to take action on the matter of the location of pubhc institutions 
by the Constitutional Convention: now, therefore. 

Resolved^ That we believe our Constitutional Convention is exceeding its 
duties and powers in presuming to permanently locate our public institutions, 
and we pledge ourselves to use all just means to defeat a Constitution con- 
taming clauses relating to the same. 

Resolved, That we consider the action of the forty-four delegates who 
favored the resolution as unwarrantable and without the color of law, and look 
upon them as usurpers of our inherent rights and condemnthemas unfit to rep- 
resent a free and enlightened people living under a republican government. 

Resolved, That we commend the thirty delegates who, in the face of 
bribery and corruption, have refused to exercise powers not delegated to them, 
and extend to them approbations greater than words can convey. 

Gbafton, N. D., August 12, 1880. 

To tfie President of the Co7istitutional Convention: 

At a meeting of the Bepublican and Democratic County Central Com- 
mittees, held this day in the city of Grafton, county of Walsh, North 
Dakota, the following resolutions were unanimously adopted: 

Whsbeas, The Constitutional Convention for the State of North Dakota 
has included in the Constitution an article permanently locating the 
various public institutions for the State of North Dakota; and 

Whebeas, The location of said institutions by the Constitutional Conven- 
tion is without precedent and was not contemplated by the electors of North 
Dakota when they selected their delegates to attend said Convention ; and 

Whebeas, We believe it to be the right of the people to decide when and 
where all public institutions for the state of North Dakota shall be located; and 

Whebeas, We believe that the location of the institutions tis contem- 
plated by the Constitution will be subversive to the best interests of the 
people of the State of North Dakota, and will tend to produce extravagant 
and premature appropriations for public institutions long before they are 
Deeded, and introduce a dangerous element into the Legislative deliberations 
of the new State of North Dakota, at this critical formative period of its 
history; and 

Whebeas, The unanimous sentiment of the people of Walsh county, 
North Dakota, as conclusively shown by the fact that not a single advocate of 
location of the public institutions has yet been found in Walsh county, 
although several public meetings have been held to discuss this matter, and the 
members of both committees have endeavoreil to faithfully ascertain the senti- 
ments of the electors of the county of Walsh ; and 

Whebeas, It is the unanimous opinion of the members of the said 
County Central Committees that the electors of Walsh county, North Dakota, 
without regard to party, and in the exercise of the l)e6t judgment, firmly 
believe that the adoption of the Constitution with the article in it locating the 
public institutions would prove a most serious calamity for the new State of 
r^oth Dakota, and that the said electors would prefer to remain a territory 
rather than become a state under such conditiims it is, therefore, 

Resolved, By the said liepublican and Democratic Ccniuty Central Com- 
mittees for the county of Walsh, that in deference of the wishes and opinions 
of the entire people of Walsh county, Dakota, that if the said article locating the 
public institutions be not stricken from the Constitution, they will order eacih 
and every ballot printed for the coming election in the county of Walsh to be 
printed **Against the Constitution,'* and will use every endeavor to secure the 
defeat of the Constitution at the polls, firmly believing it to be the less of the 
two evils. 

The committees further state that it is their unbiased opinion gathered 
from each and every section of Walsh county that there will be a unanimous 



294 



Journal of the Convkntion, 



vote recorded against the Gonstitutiou in its present form, and that not one 
hundred oat of the four thousand votes of Walsh county will be cast in its 
favor. 

In testimony whereof the said committees have caused these resolutions to 
be subscribed to by their respective chairmen and secretaries. 

I O. E. Bautbr 
Chairman of the Walsh County Central Republican Conmiittee. 

M. K. Mabbinan, 
Chairman of the Walsh County Democratic Central Committee. 

D. W. YOUKEY, 

Secretary of the Walsh County Republican Central Committee. 

Wm. J. Hughes, 
Secretary of the Walsh County Democratic Central Committee. 

Mr. Camp moved that the reading of the report of the Commit- 
tee on Accounts and Expenses be omitted. 

Which motion prevailed. • 

Mr. Rolfe moved that all communications read be referred to 
the committee appointed yesterday. 

Which motion prevailed. 

Mr. Spalding moved that the resolution on page 7 of the journal 
of July 17th, as amended on page 5 of the Journal of July 18th, 
be adopted with the exception of the figure "6" in the fourth line 
from the bottom which shall be changed to "8." 

Ayes and nays demanded. 

The roll being called there were ayes, 21; nays, 45; viz: 

Those who voted in the affirmative were: 

Messrs— 
Bartlett of Dickey, 
Bennett, 
Blewett, 
Chaffee, 
Clapp. 
Elliott, 
Gayton, 

Those who voted 
Messrs— 
Alhn, 
Appleton, 
Bartlett of Grig^, 
Bell, 
Best, 
Brown, 
Budge, 
Carland, 
Carothers, 
Clark, 
Colton, 
Douglas, 
Fay, 

Flemington, 
(Hick, 

Absent and not voting: 
Messrs — 
Alman, 
Bean, 
Camp, Lohnes, 



Messrs — 


Messrs — 


Gray, 


Parsons of Morton, 


Harris, 


Peterson, 


Hoyt, 


Pollock, 


Johnson, 


Rolfe, 


Lauder, 


Sandager, 


Meacham, 


Scott, 


McKenzie, 


Spalding. 


in the negative were: 




Messrs — 


Messrs— 


Griggs, 


Powles, 


Haugen, 


Purcell, 


Hegge, 


Ray, 


Linwell, 


Robertson, 


Lowell, 


Richardson, 


Mathews, 


Rowe, 


McBride, 


Selby, 


McHugh, 


Shuman, 


Miller, 


Slotten, 


Moer, 


Stevens, 


Noble, 


Turner, 


Nomland, 


Wallace, 


O'Brien, 


Wellwood, 


Parsons of Rolette, 


Whipple, 


Powers. 


Wilhams, 


V^l v^ #^ • 


Mr. President 


>ting. 
Messrs- 


Messrs — 


Holmes, 


Marrinan, 


Leach, 


Paulson, 



Thursday, August 15, 1889. 295 



And so the motion was lost 

Mr. Stevens moved to reconsider the vote by which Mr. Spald- 
ing'8 motion was lost 

Mr. Purcell moved to lay the motion to reconsider on the 
table. 

Mr. Stevens raised the point of order that the motion to lay on 
the table was not properly before the house, he having given no- 
tice that immediate action was not desired on the motion to re- 
consider, but simply desired it to become a matter of record. 

The President decided the point of order not well taken, and 
the motion to lay on the table being put, prevailed. 

Mr. Clapp moved to proceed to the consideration of Ar- 
ticle y. 

I.; Which motion prevailed. 

Section one hundred and twenty-one (121) was adopted. 

Mr. Bartlett moved that the letter "s" on the word "crimes," in 
the third line of section one hundred and twenty-two (122) be 
stricken out; also that the words "without regiird to sex" in the 
fourth line of the same section be stricken out. 

Which motion was lost. 

Mr. Parsons of Morton, moved that the recommendations of the 
committee be concurred in. 

Which motion prevailed, and 

The section as recommended to be amended by the committee 
was adopted. 

Section one hundred and twenty -three (123), one hundred and 
twenty-four (124), one hundred and twenty-five (125) and one 
hundred and twenty-six (126) were adopted. 

Mr. Turner moved that the recommendation of the committee 
as to section one hundred and twenty-seven be concurred in. 
Which motion prevailed. 

And the section as recommended to be amended by the commit- 
tee was adopted. 

Mr. Clapp moved that the words "non compos mentis" be 
printed in italics. 
Which motion prevailed. 

Mr. Rowe moved to amend section one hundred and twenty- 
eight (128) by striking out all after the word "territory" the fol- 
lowing words: "May vote for all school officers and upon all ques- 
tions pertaining solely to school ma tters and be eligible to any 
school office." 

Which motion prevailed. 

Mr. Bartlett of Dickey moved to further amend the section by 
inserting after the word "any," in line one, the word "single." 

Mr. Moer moved to amend the motion by substituting for the 
word "single" the word "married." 



296 



Journal of the Convention, 



Mr. Stevens moved as a substitute for all other motions before 
the house that the section as amended be adopted. 

Mr. Bartlett moved the previous question, and the question be- 
ing shall the main question be now put, and being taken, pre- 
vailed. 

Ayes and nays were demanded on the motion of Mr. Stevens. 

The roll being called there were ayes, 63, nays, -6, viz: 

Thoqe voting in the affirmative were: 



Messrs— 


Messrs- 


Messrs- 


Allin, 


Harris, 


Peterson, 


Appleton, 


Haugen, 


Powles, 


Bartlett of Dickey, 


Hegge, 


Purcell, 


Bartlett of Griggs, 


Holmes, 


Pollock, 


Beet, 


Hoyt, 


Ray, 


Blewett, 


Johnson, 


Richardson, 


Brown, 


Lauder, 


Robertson, 


Badge, 


Leach, 


Rolfe, 


Camp, 


Linwell, 


Rowe, 


Garland, 


Lowell, 


Sandager, 


Carothers, 


Mathews, 


Scott, 


Chaffee, 


Meacham, 


Shaman, 


Clapp, 


MoBride, 


Slotten, 


Clark, 


McEenzie, 


Spalding, 


Coltou, 


Miller, 


Stevens, 


Elliott, 


Moer, 


Turner, 


Fay, 


Noble, 


Wallace, 


Gayton, 


Nomland, 


Wellwood, 


Glick, 


O'Brien, 


Whipple, 


Gray, 


Parsons of Morton, 


Williams. 


Griggs, 


Parsonr; of Kolette, 


Mr, Preflident. 


Those who voted ii 


i the negative were: 




Messrs— 


Messrs — 


Messrs — 


BeU, 


Douglas, 


Powers, 


Bennett, 


Paolson, 


Selby. 


Absent and not voting: 




Meflsrs- 


Messrs— 


Messrs — 


Almen, 


Flemington, 


Marrinan, 


Bean, 


Lohnes, 


McHagh. 


And so the substitute prevailed. 




Section one hundred and twenty -nine 


(129) as amended was 


adopted. 






Mr. Parsons of Morton, moved that what is known as "Council 


Bill No. 60" be added to section one hundred and twenty-nine 


(129) . 






Mr. Stevens moved 


as a substitute that the section be adopted 


as reported from the committee. 




Which motion was 


ruled out of order. 





Mr. Spalding moved to lay the motion of Mr. Parsons on the 
table. 

Mr. Noble raised the point of order that Mr. Spalding's motion 



Wbdhbbdat, August 14, 1889. 



was oat of order inftamuch as the roll call had been commenced, 
and moved the previooB queBtion. The question being, shall the 
main question be now put, wae put and prevailed. 

Ayes and nays were demanded on the motion of Mr. Persona 
The roll being called there were ayea, 14; nays. 49, viz: 
Those who voted in the affirmative were; 



Hesara- 




Messra- 


AppleloD, 


Griggs, 


Powsrs, 


B^ 


Laad^V, 


Biahardw>n, 


Golton, 


LiDweU, 


Tamer, 


Donglu, 


MoBride, 


Mr. Preeident 


Gray. 


Parsons of Morton, 




Those who voted 


in the negative were- 




MeaBre- 


Meflsca- 


Messrs- 


AUiD, 


Harrie, 


Peterson, 


BurtleU ot Uickey, 




Pnroell, 


Bartlett of QiiggB, 


H^mes, 


Pollock, 


Reoaett, 


Robertson. 


Blewett, 


Hoyt, 


Bolfe, 


BrowD, 


Johnson, 


Row*, 


Budge, 


Leaob, 


Sandager, 


Camp. 


Lowell, 


Sootl, 


Carland, 


Matthews, 


Belby, 


Garoth«T8, 


Meaoham, 


Sbnban, 


Ohaffee, 


McKeozie, 


Hlotteu, 


Clapp, 


Miller, 


Spalding. 


Clark, 


Noble, 


Htevens, 


Elliott, 


Nomland, 


Wellwood, 


Fa>. 


O'Brien, 


Whipple, 


GartoQ, 


Paalson, 




Absent and not voting; 




MessTs- 


HesBrs-. 


Meflsre- 


AlmeD. 


Gliok, 


Parsons otBolette, 


Bean, 


Lohnee, 


Powlea. 


BeU, 


Harriuan, 


Bay. 


FlemingtoD, 


McHugh, 




MeasK. Moer. Wallaoo and Willianu being exonsed. 


And so the amendment was lost 





Mr. Williams offered the following substitute for section one 
hundred and twenty-nine (129): 

"The secrecy of the ballot shall ba preserved inviolate; and the 
Legislative Assembly sbull pHsa suitable laws toseonre the same. All ballots 
shall be printed, distributed and delivered at4hs polls to eleotcrs lor voting, 
at public expense and under pnblic saperrision and at eai^h polling place there 
shall be provided a snffioient nnmber of booths or compartments, in which the 
electors singly shall prepare their ballota in secret." 

Mr.'Lander move<l to lay the substitute on the table. 

Mr, Noble raovt'd to adjourn. 

Which motion prevailed. 

AFTERNOON SESSION. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
journment. 



298 



Journal op the Convention, 



Ayes and nays demanded on the motion of Mr. Lauder to lay 
the substitute offered by Mr. Williams on the table. 

Mr. Moor moved a call of the house. 
Which motion pi-evailed and the roll was called. 
All members wore present except Messrs. Powers, Sandager and 
Robertson. 

Mr. Paulson being excused. 

Mr. Lauder moved that further proceedings under the call be 
dispensed with. 

Which motion prevaile(L 

The roll being called, there ayes, 57; nays, 16; viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs- 


Messrs- 


AUin, 


Fay, 


O'Brien, 


Almen, 


Flemin^n, 


Parsons of Rolette, 


Bartlett of Dickey, 


Gayton, 


Peterson, 


Bartlett of Griffjfs, 


Glick, 


Powers, 


Bean, 


Griggs, 


Purcell, 


Bell, 


Haugen, 


Pollock, 


Best, 


Hegge, 


Ray, 


Blewett, 


Holmes, 


Richardson, 


Brown, 


Johnson, 


Robertson, 


Bndge, 


Lauder, 


Rolfe, 


Oamp, 


Leach, 


Rowe, 


Garland, 


Linwell, 


Scott, 


Carothers, 


Lohnes, 


Selby, 


ChafFe 


Lowell, 


Shuman, 


Clapp, 


Mathews, 


Slotten, 


Clark, 


Meaoham, 


Stevens, 


Oolton, 


McHugh, 


Wallace, 


Donglas, 


Miller, 


Wellwood, 


Filliott, 


Nomland, 


Whipple. 


Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs — 


Appleton, 


Marrinan, 


Parsons of Morton, 


Bennett, 


Mc Bride, 


Powles, 


Gray, 


MoKenzie, 


Spalduig, 


Harris, 


Moer, 


Turner, 


Hoyt, 


Noble, 


Williams, 
Mr. President 



Absent and not voting: 

Mr. Paulson, Mr. Sandager. 

And so the motion to lay on the table prevailed. 

Mr. Williams moved to amend section one hundred and twen- 
ty-nine (129) by adding thereto the following: 

And the Legislative^ Assembly shall inamediately, and from time to time, pro- 
vide for a complete and uniform registration by election districts of the names 
of qualified electors in this state; which registration shall be evidence of the 
qualification of all registered electors to vote at any election thereafter held; but 
no person shall be excluded from voting at any election on account of not being 
registered, until tlie General Assembly shall have passed an act of registration 
wMch shall have gone into effect. No person shall vote, except as provkied 



Thursday, August 15, 1889. 299 



in this Ckinstitation, unless his name shall have been registered as required by 
law at least ten days before the day of election. A new registration shall be 
made within sixty days next preceding the tenth day prior to every election; 
and after it shall have been made no person shall establish his right to vote by 
the fact that his name appears on any previous register. All laws for the reg- 
istration of electors shall be uniform throughout the state. 

Mr. Stevens moved as a substitute the following: "The Legis- 
lature shall provide by law for the registration of voters." 
Which substitute was lost. 

Mr. Bartlett of Griggs, moved to strike out all after the word 
"held" in the fifth line of the amendment proposed by Mr. Wil- 
liams, and that^ so amendend the section be adopted. 

Which motion prevailed and the section as amended was 
adopted. 

Mr. Bartlett of Griggs, moved that article five (5) as amended 
be adopted, and that it be sent to the engrossing clerks. 
Which motion prevailed. 

Sections one hundred and three (103) and one hundred and 
sixteen (116), being Special Orders, were considered. 

Mr. Lauder moved to amend section one hundred and three 
(103) by striking out in the second line the words "each within 
its territorial limits" and adding at the close thereof the follow- 
ing: 

All proceedings had and taken in any action not commenced in the county 
in which the defendant, or one of the defendants, resides, shall be null and 
void; provided, however, that this shall not apply ' to non-residents of this 
state, persons about to depart from the county of their residence. 

Mr. Spalding called for a division of the motion. 
Which being divided the motion to strike out was lost. 

Mr. Williams moved that the section be recommitted to the 
Committee on Judiciary. 
Which motion prevailecL 

Mr. Bartlett of Griggs, moved that the Judiciary Committee be 
instructed to report a section in lieu of one hundred and three, 
that will give a person the right to be sued in the county in which 
he resides, and all proceedings hadjnot in accordance therewith be 
void, and report at the next session. 

Mr. Selby moved to lay the motion on the table. 
Which motion prevailed. 

Mr. Bean moved that the Judiciary Committee be instructed to 
report on section one hundred and three ( 103 ) at the next session. 
Which motion prevailed. 

Mr. Spaulding moved that section one hundred and sixteen 
(116) be also reierred to the Judiciary Committee, with instruc- 
tions to report at the next session. 

Mr. Purcell moved as a substitute that section one hundred and 
sixteen (116) be adopted. 



300 



Journal of the Convention, 



Which motion prevailed, and the section was adopted. 

Mr. Spalding moved to amend section one hundred and twenty- 
nine (129) by striking out the following words: "which registration 
shall be evidence of the qualification of all registered electors to 
vote at any election thereafter held." 

Which motion was ruled out of order. 

Mr. Spalding moved that the vote by which Article V was 
adopted be reconsidered. 

Mr. Parsons, of Morton, moved to lay the motion on the table. 
Which motion was lost and the motion to reconsider prevailed. 

Mr. Williams moved to reconsider the vote by which the amend- 
ment of Mr. Bartlett, of Griggs, was adopted. 
Which motion prevailed. 

Mr. Selby moved to lay all amendments to section one hundred 
and twenty-nine (129) on the table. 

Ayes and nays demanded. 

The roll being called, there were ayes, 59; nays, 10; viz: 

Those who voted in the affirmative were: 



Messrs — 

Allin, 

AlmeD, 

Appleton, 

Bartlett of Diokey, 

Bean, 

BeDnett, 

Best, 

Blewett, 

Brown, 

Bndge, 
, Gamp, 

Garland, 

Garothers, 

Ghaffee, 

Glapp, 

Glark, 

Golton, 

Fay, 

Flemington, 

Gliok, 



Messrs — 
Harris, 
Haugen, 
Hegge, 
Holmes, 
Lauder, 
Leaoh, 
LinweU, 
Lohnes, 
Lowell, 
Marrinan, 
Mathews, 
Meacham, 
McBride, 
McHagh, 
Miller, 
Moer, 
Noble, 
Nomland, 
O'Brien, 
Parsons of Rolette, 



Those who voted in the negative were: 

Messrs — Messrs— 

Bartlett of Griggs, Hoyt, 

Elliott, Johnson, 

Gayton, Parsons of Morton, 

Gray, 

Absent and not voting: 

Messrs — Messrs — 

Bell, Griggs, 

Douglas, MoEenzie, 



Messrs- 
Peterson, 
Powers, 
Powlee, 
Pnroell, 
Pollock, 
Ray, 

Richardson, 
Robertson, 
Rolfe, 
Rowe, 
Scott, 
Selby, 
Shaman, 
Slotten, 
Spalding, 
Stevens, 
Wellwood, 
Whipple, 
Mr. President. 



Messrs- 
Turner, 
Wallace, 
Williams. 



Messrs — 
Paulson, 
Sandager. 



And so the motion to lay on the table prevailed. 



"Niirfr.: 



Thursday, August 15, 1889. 301 



Mr. Parsons of Morton moved to adopt Article V. 

Mr. Williams moved as an amendment that the following be 
substituted for section one hundred and twenty-nine (129): 

Sec. 129. The General Assembly sliall immediutely, aud from time to 
time, provide for by law a complete and uniform rej^stratiou by election.districts 
of tbe names of qualified electors in tbis state; wbicb registration shall bo 
evidence of the qualific^iiion of all registered electors to vote at any election 
thereafter held; but no person shall be excludeil from voting at any election, 
on account of not bein^ registered, until the General Assembly shall have 
passed an act of re^stration which shall have gone into effect. No i>er8ou 
shall vote, except as provided in tbis Constitution, unless his name sball have 
been registered as required by law at legist ten days before the day of election. A 
new ref?istration shall be made within sixty days next precf'ding the tenth day 
prior to every election ; and after it shall have been made no iierson shall 
establish his right to vote by the fact that his name appears on any previous 
register. All laws for the registration of electors shall be unifonn throughout 
the stiite. 

Mr. Lauder moved to lay the amendment on the table. 

Mr. Moor raised the point of order that the amendment of Mr. 
Williams was out of order, being identical with one just been laid 
on the table. 

Mr. President decided the jwint well taken. 

Mr. Parsons of Morton moved the previous question and the 
question being shall the main question be put, being put it pre- 
vailed, and 

The motion to adopt Article V prevailed. 

Mr. Spalding moved to reconsider the vote by which Article 
V was adopted. 

Which motion prevailed. 

ARTICLK VI. 

Section one hundred and thirty w^as adopted. 

Mr. Scott moved that the recommendation of tht^ committt^e as 
to section one huntb'ed and thii-ty-one (131) be concurred in. 

Which motion prevailed, and the section as recommended to be 
amended by the committee, was adopted. 

Mr. Wallace moved that the recommendation of the committee 
as to section one hundred and thirty- two (132) be concurred in. 

Mr. Rolfe moved as a substitute that section one hundre<l and 
thirty two (132) and also the recommendation of the committee 
be not passed until section one hundred and eighty-eight (188) 
be reachecL 

Which motion prevailed. 

Mr. President called Mr. Johnson to the chair. 

ARTICLE VII. 

Sections one hundred and thirty-three (133), one hundred and 
thirty-four (134), one hundred and thirty-five (135), one hundred 



302 



Journal of the Convention, 



and thirty-six (136), one hundred and thirty-seven (137), one 
hundred and thirty-eight (138), one hundred and thirty-nine 
(139), one hundred and forty (149), one hundred and forty-one 
(141), one hundred and forty-two (142) and one hundred and 
forty-three (143) were adopted. 

Mr. Wallace moved that the recommendation 'of the committee 
as to section one hundred and forty-four be concurred in. 
Which motion prevailed. 

Mr. Purcell moved to amend section one hundred and forty- 
four by adding thereto the following: 

Provided^ That the common carriers above Darned, or any party interested, 
shall have the right to appeal to the conrts from the rate so fixed by the Le^- 
lative Assembly whenever said rates as fixed appear to be unreasonable or on- 
just 

Provided, furtlier^ That pending the determination of the appeal, the oonrt 
shall fix and determine what rates shall be in force. 

Mr. Lauder moved a call of the house. 
Which motion prevailed. 

And the roll was called. 

All members were present except Messrs. Bennett, Elemington, 
Holmes, Mathews, McKenzie, Bichardson, Sandager, Selby 
and Stevens. 

Mr. Paulson being excused. * 

Mr. Spalding moved that further proceedings under call of the 
house be dispensed with. 

Which motion prevailed. 

Mr. Parsons of Morton oflFered the following substitute for the 
amendment proposed by Mr. Purcell; 

Provided^ That appeal may be had to the courts of this state, from the 
rates so fixed, but the rates fixed by * the Legislative Assembly or Board of 
Railroad Commissioners shall be in force pending the decision of the courts. 

The ayes and nays were demanded on the substitute. 
The roll being called, there were ayes, 59; nays, 13; viz: 

Those who voted in the aflBrmative were: 



Messrs — 


Messrs- 


Messrs- 


Allin, 


Harris, 


Peterson, 


Almen, 


Haugen, 


Powers, 


Appleton, 


Hegge, 


Powles, 


Bartlett of Griggs, 


Holmes, 


Pollock, 


Bean, 


Hoyt, 


liay, 


Bell, 


Johnson, 


Bichardson, 


l^unett, 


Lauder, 


Rolfe, 


Best, 


Lin well, 


Rowe, 


Brown, 


Lohnes, 


Scott, 


Budge, 


Lowell, 


Shuman, 


Garland, 


Marrinan, 


Blotten, 


Carothers, 


Mathews, 


Spalding, 


Glapp, 


McBride, 


Stevens, 


Clark, 


McHugh, 


Turner, 


Colton, 


McKenzie, 


WflllaoA, 


Douglas, 


Moer, 


Wellwood, 



Thursday, August 15, iaS9. 303 



Qayton, Noble, Whipple, 

Glick, Nomland, Williams, 

Gray, O'Brien, Mr. President. 

Griggs, Parsons of Morton, 

Those who voted in the negative were: 

Messrs— Messrs — Messrs — 
Bartlett of Dickey, Fay, Parsons of Rolette, 

Blewett, Leaoh, Parcell, 

Gamp, Meaoham, Robertson, 

Gbaffee, Miller, Selby. 

EUiott, 

Absent and not voting: 

r. Flemin^^ton, Mr. Panlson, Mr. Sanda^rer. 

And so the substitute to the amendment prevailed. 

Mr. Stevens, by request of Mr. Griggs, introduced the following 
•esolution and moved its adoption: 

Resolved^ That this Oonvention heartly endorses the proposition to hold 
le World's Fair in the city of Chicago, thus bringing this great exposition 
fe^ earer the homes of the i)eople of the west, nearer the center of the continent 
b^oid nearer the center of the population which goes to make up the American 
L Dion. 

Which resolution prevailed. 
Mr. Pollock moved to adjourn. 
Which motion prevailed 



EVENING SESSION. 

_ The Convention assembled at 8 o'clock p. m., pursuant to ad- 
M ^^mment 

Section one hundred and forty-five (145) was adopted. 

Mr. Miller moved to adopt section one hundred and forty-six 
< 14&). 

Mr. Moer moved as an amendment that the recommendation of 
^le committee be concurred in. 
Which motion prevailed. 
And the section was stricken out. 

Sections one hundred and forty-seven (147) and one hundred 
and forty-eight (148) were adopted. 

Mr. Spalding moved to amend section one hundred and forty . 
nine (149) by striking out all after the word "void" in the last 
line. 

Which motion prevailed. 

Mr. Turner moved to further amend the section by inserting 
after the word "exchange" in the fourth line the words "or trans- 
portation." 

Ayes and nays were demandecL 

The roll being called there were ayes 47; nays, 20; viz. 



304 



Journal op the Convention, 



Those who voted 


in the affirmative were 


• 
• 


MesBrs — 


Messrs — 


Messrs — 


AlUn, 


Elliott, 


Powles, 


AppletoD, 


Fay, 


Pollock, 


Bartlett of Dickey, 


Flemington, 


Richardson, 


Bartlett of Griggs, 


Gay ton, 


Robertson, 


Bean. 


Gray, 


Rowe, 


Bell, 


Haugen, 


Scott, 


Bennett, 


Holmes, 


{lilotten, 


Best 


Johnson, 


Spalding, 


Camp, 


Lauder, 


Stevens, 


Cariand, 


Linwell, 


Turner, 


Carothers, 


Lohnes, 


Wallace, 


Chaffee, 


Mathews, 


Wellwood, 


Clapp, 


MoBride, 


Whipple, 


Clark, 


Nomland, 


Williams, 


Colton, 


Parsons of Morton, 


Mr. President. 


Donglas, 


Peterson, 


• 


Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs — 


Blewett, 


Lowell, 


Parsons of Rolette, 


Brown, 


Marrinan, 


Powers, 


Glick, 


Meacham, 


Puroell, 


Harris, 


McHugh, 


Ray. 
Rolfe, 


Hegge, 


O'Brien, 


Hoyt, 


Moer, 


SUuman 


Leach, 


Noble, 




Absent and not v 


oting: 




Messrs— 


Messrs — 


Messrs— 


Almen, 


McKenzie, 


Sandager, 


Budge, 


MiUer, 


Selby. 


Griggs, 


Paulson, 





Messrs. Moer and Miller explaining their votes. 

And so the amendment prevailed. 

Mr. President called Mr. Turner to the chair. 

Mr. Johnson moved to adopt the article as amended. 
Which motion prevailed. 

Mr. Scott moved that section one hundred and thirty (130) of 
Article VI be made a part of Article VII under the caption 
"Municipal and and other Corporations," and that Article VII be 
renumbered and become Article VI. 

Which motion was lost. 

ARTICLE VIII. 

Section one hundred and fifty (150) was adopted. 

Mr. McHugh moved to amend section one hundred and fifty 
one (151) by striking out all after the word "state" in line three 
and insert the following: 

"And each county of the state shall be divided into a conven- 
ient number of independent school districts. But no school dis- 
trict shall be formed containing less than twenty-five inhabitants.** 



Thursday, August 15, 1SS9. 



Mr. Scott moved to lay the amendment on tlie table. 

Which motion prevailed and 

The section was adopted as rejKirted from the committee. 

Section one hundred and fifty two (152) was adopted. 

Mr. Clapp moved that the recommendation of the committee as 
to section one luiu<lred and fifty three { 153) be conciirred in. 

Which motion prevailed, 

And the section was stricken oiit^ 

Sections one hundred and fifty four (154), one hundred and 
fifty five (155) and one hundred and fifty six (15G) were adopted. 

Mr. Coltou moved to adopt Article VIII as amended. 

Which motion prevailed and 

Article VIII was adopted. 

ARTICLE IX. 

Mr. Pollock moved to amend section one hundred and fifty- 
seven (157) by insertiufr after the word "school" in the fourth 
from tlie last lino the words: "And all monies received from li- 
censes for the sale of intoxicating liquors." 

Which motion was lost, and 

The spctiou was adopted as reixtrted from the committee. 

Section one hundred and fifty-eight(15S) was adopted. 

Mr. Williams moved to amend section one hundred and fifty- 
nine (159) by adding at the end thereof the following words: 
"The coal lands of the state shall never be sohl,but the Legislative 
Assembly may by general Ihws provide for leasing the same." 
The words "coal lands" shall include lands bearing lignite coal. 

Which motion prevailed and 

Tlie section as amended was adopteil. 

Section one hundred and sixty (160) was adopted. 

Section one hundred and sixty -one (161) was adopted. 

Mr. Eolfe moved that section one hundred and sixty-two (162) 
be amended by inseiiing after the word "advance" in line seven 
the following words: "/"loriV/cc/, That any purchaser may at his 
option complete his final payment at the expiration of ten years 
from date of purchase." 

Mr. Spalding moved to amend the motion by providing that 
"the purchaser may complete the purchase at any time by paying 
one year's iuteieet in advance." 

Mr. Lauder moved that the amendments of Mr. Eolfe and Mr. 
Spalding be laid upon the table. 

Mr. Spalding called for a division of the question, which being 
divided, the amendmet of Mr. Spalding was lost, and the amend- 
ment of Mr. Rolfe was also lost. 

Mr. Bell moved that section one hundred and sixty-two (162) 
be adopted. 



306 Journal of the Convention, 



Mr. Spalding moved to amend section one hundred and sixty- 
two (162) by striking out the words "one-fifth" in the third line, 
and inserting therefor the words "one-fourth," and to amend the 
rest of the section to correspond. 

Mr. Lauder moved to lay the amendment on the table. 

Which motion prevailed. 

Mr. Bean moved the previous question, and the question being 
shall the main question be put, being put, prevailed, and section 
one hundred ana sixty-two (162) was adopted. 

Mr. Miller moved to adopt section one hundred and sixty-three 
(163). 

Mr. Camp moved the previous question and the question being 
shall the main question be put, being put prevailed and 
The section was adopted. 

Mr. Stevens moved to reconsider the vote by which section one 
hundred and sixty-three (163) was adopted. 
Which motion was withdrawn. 

Section one hundred and sixty-four (164) was adopted. 

Mr. Miller mo^ ed to amend section one hundred and sixty-five 
(165) by inserting after the word "may" in the eighth line the fol- 
lowing words: "In the discretion and under the control of the 
board of university and school lands." 

Which motion prevailed and 

The section as amended was adopted. 

Mr. Camp moved that the recommendation of the committee as 
to this section be concurred in. 

Which motion prevailed, and the section as amended was 
adopted. 

Mr. Bartlett of Griggs, moved that section one hundred and 
sixty-three be amended in line five by striking out the 
period after the word "purpose" and inserting a comma; and mak- 
ing the word "and" commence with a lower case letter. 

Which motion prevailed. 

Sections one hundred and sixty-six (166) and one hundred and 
sixty-seven (167) were adopted. 

Mr. Scott moved that the recommendations of the committee as 
to section one hundred and sixty-eight (168) be concurred in 

Which motion prevailed and 

The section, as recommended to be amended by the committee, 
was adopted. 

Section one hundred and sixty-nine (169) was approved. 

Mr. Miller moved to reconsider the vote by which the recom- 
mendations of the committee as to section one hundred and sixty- 
five (165) were concurred in. 

Mr. Scott moved to lay the motion on the table. 



Thursday, August 15, 1889. 



307 



Which motion was lost, and 

The motion to reconsider prevailed. 

Mr. Miller moved that the recommendation of the committee as 
to section one hundred and sixty-five (165) be not concurred in. 
Which motion prevailed. 

Mr. Johnson moved that when we adjourn it be to meet again 
at 2 o'clock to-morrow afternoon." 

Mr. Stevens moved to amend by substituting "10 o'clock to- 
morrow morning" for "2 o'clock to-morrow afternoon. 

Ayes and nays demanded. 

The roll being called, there were ayes, 44; nays, 19; viz: 

Those who voted in the affirmative were: 



IkTessrs — 


Messrs — 


Messrs — 


Allin, 


Gray, 


Powles, 


Appleton, 


Griggs, 


Purcell, 


Sartlett of Griggs, 


Haugen, 


Pollock, 


Dean, 


Hegge, 


Richardson, 


£ell, 


Holmes, 


Rolfe, 


Beet, 


Johnson, 


Rowe, 


Blewett, 


Lauder, 


Scott, 


Budge, 


Leach, 


Slotten, 


Carotbers, 


Linwell, 


Stevens, 


Chaffee, 


Lohnes, 


Turner, 


Clapp, 


Mathews, 


Wallace, 


Clark, 


MoBride, 


Well wood, 


Coltou, 


Parsons of Kolette, 


Williams, 


X>ouglafi, 


Peterson, 


Mr. President. 


Glick, 


Powers, 




Those who voted 


in the negative were: 




^Messrs— 


Messrs- 


Messrs— 


Bartlett of Dickey, 


Harris, 


Nomlaud, 


Bennett, 


Hoyt, 


Parsons of Morton, 


Brown, 


Marrinan, 


Ray. 


Camp, 


Meacham, 


Robertson, 


Fay, 


MiUer, 


Shuman, 


Flemington, 


Moer, 


bpalding. 


CJayton, 






Absent and not v^ 


oting: 




Messrs— 


Messrs— 


Meesrs — 


Almen, 


McHugh, 


Paulson, 


Carland, 


McEenzie, 


Sandager, 


EUiott, 


Noble, 


Selby, 


Lowell, 


O'Brien, 


Whipple. 



And so the amendment prevailed. 

Mr. Turner moved that Article IX as amended be adopted. 
Which motion prevailed and Article IX as amended was adopted. 
Mr. Scott moved that we do now proceed to the consideration 
of Article X. 

Mr. Moer moved to adjourn. 

Which motion was lost and 

The motion of Mr. Scott prevailed. 



308 



Journal of the Convention, 



ARTICLE X. 

Section one hundred and seventy (170) was adopted. 

Mr. Appleton moved to amend section one hundred and seventy- 
one (171) by striking out the words: "As to include an area of 
less than twenty-four congressional townships." 

Mr. Flemington moved a call of the house. 
Which motion was lost. 

Mr. Flemington moved the previous question and the question 
being shall the main question be put and a vote being taken, pre- 
vailed, and the main question being put was lost 

Mr. Clapp moved to amend the section by striking out the 
word "four" in line five. 

Ayes and nays demanded. 

The roll being called, there were ayes, 27; nays, 36; viz: 
Those who voted in the affinnative were: 



Messrs — 


iVIessrs — 


Messrs — 


Allin, 


Elliott, 


Powles, 


Appleton, 


Gray, 


Purcell, 


Bartlett of Griggs, 


Harris, 


Richardson, 


Bell, 


Hoyt, 


Robertson, 


Beunett, 


Leach, 


Rowe, 


Best, 


Lowell, 


Spalding, 


Clapp, 


Mathews, 


Stevens, 


Clark, 


MiUer, 


Wallace, 


Douglas, 


Powers, 


Mr. President. 


Those who voted 


in the negative were: 




Messrs— 


Messrs— 


Messrs- 


Bartlett, of Dickey, 


Griggs, 


Parsons of Morton, 


Bean, 


Haugen, 


Parsons of Rolette, 


Brown, 


Hegge, " 


Peterson, 


Budge, 


Holmes, 


Pollock, 


Camp, 


Johnson, 


Ray, 
Rolfe, 


Carothers, 


Lauder, 


CbafPee, 


Lin well, 


Scott, 


Colton, 


Lohnes, 


Shuman, 


Fay, 


Marrinan, 


Slotten, 


Flemington, 


Meacham, 


Turner, 


Gay ton. 


Moer, 


Well wood, 


Glick, 


Nomland, 


Williams. 


Absent and not voting: 




Messrs— 


Messrs— 


Messrs- 


Almen, 


McHugh, 


Paulson, 


Blewett, 


McKenzie, 


Sandager, 


Carland, 


Noble, 


Selby. 


McBride, 


O'Brien, 


Whipple, 


And so the amendment was lost. 





Mr. Appleton moved to amend the section by striking out the 
wortls "twenty-four" in line five and inserting therefor the words 
"eighteen." 



Thursday, August 15, 1889. 309 



Mr. Bartlett of Griggs, moved to adjourn. 
Which motion was withdrawn. 

Mr. Williams moved that the Chair appoint a committee of five 
on enrolling and and engrossing the Constitution. 
Which motion prevailed. 

Mr. fartlett's motion was lost 

Mr. Miller moved to lay the motion of Mr. Appleton on the 
table. 
Which motion prevailed. 

Mr. Bolfe moved to adopt section one hundred and seventy-one 
(171) as reported from the committee. 
Which motion prevailed, and 
The section was adopted. 

Mr. Bolfe moved that the recommendation of the committee 
<^ to section one hundred and seventy-two (172) be concurred in. 
Which motion prevailed, and 
The section as recommended to be amended was adopted. 

Section one hundred and seventy-three (173) was adopted. 

Mr. Stevens moved that the recommendation of the committee 
-as to section one hundred and seventy-four (174) be not concurred 
in. 

Mr. Miller moved as a substitute, that this section and section 
•one hundred and seventy-five (175) be recommitted to the com- 
mitted with instructions for them to report tomorrow morning. 

Which motion prevailed. 

Mr. Bartlett, of Griggs, moved to strike out section one hundred 
And seventy-five (175) and substitute therefor the following: At the 
ifirst general election held after the adoption of this Constitution, 
^^and every two years thereafter, there shall be elected in each or- 
ganized county in the state, a County Judge, Clerk of Court, 
Register of Deeds, County Auditor, Treasurer, SheriflF, and States 
Attorney, who shall be electors of the county in which they are 
elected and who shall hold their office until their successors are 
elected snd qualified. The Legislative Assembly shall provide by 
3aw for such other countv, township and district officers, as may 
T)e deemed necessary and shall prescribe the duties and compensa- 
'tion of all county, township and district officers. 

Mr. Miller moved to adjourn. 



Which motion prevailed and 
The convention adjourned. 



J. G. Hamilton, 
Chief Clerk. 



40 



V 310 Journal of the Convention, 



Friday, August 16, 1889. 



The Convention assembled at 10 o'cloc k a. m., pursuant to ad- 
journment. 

The President presiding. 

Prayer was offered by the chaplain. 

The roll was called, all members absent being excused. 

The Journal of August 14th was read, corrected and approved. 

Mr. Miller moved that petitions be not read. 
Which motion prevailed. 

Mr. Clapp moved that the roll call be not read. 
Which motion prevailed. 

The President appointed as a Committee on Enrolling and 
Engossing the following: Messrs. Spalding, Johnson, Carlaud, 
Camp and Wallace. 

PETITIONS, REMONSTRANCES, ETC. 

FoBMAN, N. D., Au^rnst 15, 1889. 

To the lions. J. D, McKenzie or John Shunian. 

Do all you can to locate the capital and other state institntions in the Con- 
stitution. We heartily approve your vote upon the report of the committee to 
locate therein. S. A. Danfobd, and 10 others. 

MiiiNOR, N. D., AniTQst 14, 1889. 
To the Hon, J. D, McKenzie: 

The Oonstitutiou burned in effij^y here at 9 o*clock this morning. The fol- 
lowing protest against the malicious usurpation of people's rights in locating 
public institutions. Give this publicity. F. W. Bunkbl, 

Chairman Democratic County Central Committee, 

and 40 others. 

Grand Fobk8> N. D., Aug. 15, 1889. 
To the Hon. R. Bennett: 

The following resolution was unanimously adopted by the young men's re- 
publican club of Grand Forks: 

Renolvedf That we, the young men's republican club of Grand Forks city, 
in meeting assembled, do most emphatically protest against the action of the 
Constitutional Conventicmin arbitrarily locating the public institutions of North 
Dakota, contrary to the t^ill of the people, and in defiance of every principle 
of justice and right, and that we will use every honorable means to defeat the 
work of the Convention if it persists in offering a Constitution containing the 
obnoxious clause. 

FoRHAN. N. D., Aug. 15, 1889. 

To the Hon. J. D. McKenzie or John Shunmn: 

We most heartily approve the action of the Constitutional Convention in 
locating the capibd and other institutions and fully indorse the course of Del- 
egates McKenzie and Shuman in voting for such location. We sincerely hope 
no action will be taken by the Convention to revoke said location or to provide 



^•v*"::' 



Friday, August 16, 1889. 311 



for the Bubmission of the nnestion to popular vote and nr^^ your delef^^tes 
to coutiuue to vote for the location of all public buildings by the ConHtitation. 

W. L. 8TBAUB, and 43 otliors. 

Nicholson, N. D., Aug. 15, 188J). 

To the Hon. J. I), McKenzie or John Shuriuin: 

The undersigned citizens of Nicholson heartily endorse your vote on the lo- 
cation of the capital and other public institutions, believing it to 1)e for the 
best interest of North Dakota. 

T. W. Nkjholson, 

Daniel McjBean, 

and 5 others. 

REPORT OF 8PKC1AL AND STANDING COMMITTEES. 

The Committee on County and Township Organization recom- 
mend the following in place of section 174: 

COUNTY GOVERNMENT. 

Section 174. The Legislative Assembly shall provide by general law 
for township organization, under which any coiuity may organize whenever a 
majority of all the legal voters of such county, voting at a general election, shall 
so determine, and whenever any county shall adopt township organization, so 
much of this Constitution as provides for the management of the fl8(*al con- 
cerns of said county by the board of county commissioners may 1)e dispensed 
with by a majority vote of the people voting at any general election, and the 
affairs of said county may be transacted by the chairman of the several town- 
ship boards of said county, and such others as may be provided by law for in- 
corporated cities, towns or villages within such county. 

Sec. 175. In any county that shall have adopted a system of govern- 
ment by the chairmen of the several township boards, the tpiestion of continu- 
ing the same may be submitted to the electors of such county at a general 
election in such manner as may be provided by law, and if a majority of all 
the votes cast upon such (juestion shall be against said system of government, 
then such system shall cease in said county, and the affairs of said coimty 
shall then be transacted by a board of coimty commissioners tis is now provided 
by the laws of the Territory of Dakota. 

Sec. 176. Until the system of county government by the chairmen of the 
several township boards is adopted by any county, the fiscal affairs of said 
oimnty shall be transacted by a lx>ard of county commissioners. Said board 
shall ocmsist of not less than three and not more than five members, whose 
term of office shall be prescribed by law. Said board shall hold sessions for 
the transaction of county business as shall be prescribed by law. 

Mr. Scott moved to adopt the rei)oi*t. 

Mr. Stevens moved as an amendment that the words "general" 
and "a" in the proposed substitute of section one hundn'd and 
seventy four be stricken out and the words "iis nifiy be provided 
by law," be inserted therefor. 

Which amendment prevailecL 

Mr. Heggo moved to strike out the words **or towns." 
Mr. Harris moveil as an amendment that the words "villages 
be inserted. 

Which amendment prevailed. 

The motion as amended prevailed. 

The original motion of Mr. Scott prevailed, 

And the report was adopted. 



» 



312 Journal op the Convention, 

Mr. Miller moved to proceed to the consideration of section one 
hundred and seventy five (175). 
Which motion prevailed. 

Mr, Miller moved to concur in the amendments proposed by 
the committee and to adopt the section. 

Mr. Bartlett of Griggs moved that the substitute offered by 
himself last night be adopted as a substitute for section one hun- 
dred and seventy five (175). 

Which motion prevailed, 

And the substitute for one hundred and seventy five (175) was 
adopted^ 

Mr. Scott moved to strike out section one hundred and seventy 
six (176). 

Which motion prevailed. 

Mr. Moer moved to amend section one hundred and seventy 
seven (177) by adding at the beginning thereof the following 
words: "After the first day of January, A. D. 1891." 

Which amendment was lost. 

Mr. Moer moved to amend the section by adding at the close 
thereof the words: "Under this Constitution." 
Which amendment prevailed. 

Mr. Hegge moved that Article X as amended be adopted. 
Which motion prevailed, 
And Article X was adopted. 

ABTICLE XI. 

Sections one hundred and seventy-eight (178) and one hun- 
dred and seventy-nine (179) were adopted. 

Mr. Scott moved to amend section one hundred and eighty 
(180) by adding thereto the following: 

Provided, However, that the Legislative Assembly may by law aooept and 
provide for a tax based on goaa earnings in lien of all other taxes to be assessed 
against the road, road*bed, rolling stock, franchise and all other, and only 
snch property as is owned by any railroful corporation and used by it in the 
actual operation of its road. 

Mr. Hegge, as a substitute, moved to amend the section by 
adding thereto the words "until otherwise provided by law." 

Mr. Wallace moved to lay the amendment on the table. 
Ayes and nays were demanded. 

The roll being called, there were ayes, 33; nays, 35; viz: 

Those who voted in the affirmative were: 

Messrs — 
O'Brien, 
Peterson, 
Powers, 
Powles, 
Bichardson, 



Messrs — 


Messrs— 


Allin, 


EUiott, 


Appleton, 


Gray, 


Bartlett of Qriggs, 


Johnson, 


Bean, 


Lauder, 


BeU, 


Linwell, 



Friday, August 16, 1889. 



313 



Besi, 


Lohnes, 


Robertson, 


Garothers, 


Marrinan, 


Slotten, 


Olapp, 


McBride, 


Turner, 


Clark, 


Moer, 


Wallace, 


Goltoo, 


Noble, 


Wellwood, 


Donglas, 


Nomland, 


Mr. President. 


Those who voted 


in the negative were: 




Mwwrs— 


Messrs — 


Messrs — 


Bartlett of Dickey, 


HauK^n, 


Puroell, 


Bennett, 


Hesrge, 


Pollock, 


Blewett, 


Holmes, 


Ray, 


Brown, 


Hoyt, 


Rowe, 


Budge, 


Leaoh, 


Sandager, 


Garland, 


Lowell, 


Scott, 


Chaffee, 


Mathews, 


Shuman, 


Flemington, 


Meaoham, 


Spalding, 


Gayton, 


McHugh, 


Stevens, 


Qliok, 


MoKenzie, 


Whipple, 


GrigRS, 


Miller, 


Williams. 


Harris, 


Parsons of Bolette, 




Absent and not voting: 




Messrs — 


Messrs — 


Meesrs — 


Almen, 


Parsons of Morton, 


Rolfe, 


Camp, 


Panlson, 


Selby, 



Pay, 

And so the motion to lay on the table was lost 

Mr. Moer moved as an amendment that the words "until other- 
wise provided by law" be prefixed to the section. 
Which amendment was accepted. 

Ayes and nays were demanded on Mr. Hegge's motion as 
amended. 
The roll being called, there were ayes, 17; nays, 51; viz: 
Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Meesrs — 


Blewett, 


Griggs, 


Puroell, 


Brown, 


Hegge, 


Pollock, 


Carland, 


Hoyt, 


Ray, 


Chaffee, 


Leach, 


Whipple, 


Clark, 


Lowell, 


Williams. 


Qlick, 


Parsons of Rolette, 




Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs- 


Allin, 


Harns, 


Parsons of Morton, 


Appleton, 


Haugen, 


Peterson, 


Bartlett of Dickey, 


Holmes, 


Powers, 


Bartlett ofOriggs, 


Johnson, 


Powlee, 


Bean, 


Lauder, 


Richanlson, 


BeU, 


Linwell, 


Robertson, 


Bennett, 


Marrinan, 


Rowe, 


Beet, 


Mathews, 


Sandager, 


Budge, 


Meacham, 


Scott, 


Carothers, 


McBride, 


Shuman, 


Glapp, 


McHugh, 


Slotten, 


Colton, 


McKenzie, 


Spalding, 



314 



Journal op thb Convbntion, 



Douglas, 


MiUer, 


Stevens, 


ElHott, 


Moer, 


Turner, 


FlemingtoD, 


Noble, 


Wallace, 


GaytoD, 


Nomland, 


Wellwood, 


Gray, 


O'Brien, 


Mr. President. 



Absent and not voting: 

Messrs— Messrs — Messrs — 

Almen, Lohnes, Bolfe, 

Gamp, Paulson, Selby. 
Fay, 

Messrs. Scott and Williams explaining their votes. 

And so the amendment was lost 

Mr. Parsons moved to amend section one hundred and eighty 
(180) by adding thereto the following: 

Povidedj That the Legislature may provide a uniform rate for taxing all 
property used exclusively for railroad purposes. 

Mr. Colton moved to lay the amendment on the table. 

Ayes and nays demanded. 

The roll being called there were ayes 41; nays, 26; viz: 

Those who voted in the affirmative were: 

Messrs — 
Peterson, 
Powers, 
Powles, 
Pollock, 
Richardson, 
Bobertson, 
Bowe, 
Sandager, 
Slotten, 
Turner, 
Wallace, 
Wellwood, 
Mr. President. 



Messrs— 


Messrs — 


AlUn, 


Gray, 


Appleton, 


Haugen, 


Bartlett of Dickey, 


Hegge. 


Bartlett of Griggs, 


Johnson, 


Beun, 


Lauder, 


BeU, 


Linwell, 


Bennett, 


Lohnes, 


Best 


Marrinan, 


Garothers, 


Mathews, 


Glapp, 


McBride, 


Glark, 


McHugh, 


Golton, 


McKenzie, 


Douglas, 


Noble, 


Elliott, 


Nomland, 



Those who voted in the negative were: 

Messrs— Messrs— 

Blewett, Griggs, 

Brown, Harris, 

Budge, Hoyt, 

Gamp, Leach, 

Garland, Lowell, 

GhafFee, Meacham, 

Flemington, Miller, 

Gayton, Moer, 

Glick, Parsons of Morton, 

Absent and not voting: 

Messrs — Messrs — 
Almen, O'Brien, 

Fay, Paulson, 

Holmes, Bolfe, 

Mr. Stevens explaining his vote. 



Messrs- 
Parsons of Bolette, 
Purcell, 
Kay, 
Scott, 
Shuman, 
Stevens, 
Whipple, 
WiUiams^ 



Messrs — 
Selby, 
Spalding. 



Friday, August 16, 1889. 



315 



And so the motion to lay on the table prevailed. 

Mr. Moer moved to amend section one hundred and eighty 
(180) by adding thereto the following: 

But this section shall not be constmed as prohibiting the Legislative 
Assembly from enacting a nniform gross earnings law upon property of railroad 
corporations used exclusively for railroad purposes. 

Mr. McHugh moved to adjourn. 

Ayes and nays demanded. 

The roll being called there were ayes, 39; nays, 31: viz: 

Those who voted in the affirmative were: 



Mefwrs— 


Messrs— 


Messrs— 


Bartlett of Dickey, 


Hegge, 
Holmes, 


Powles, 


Blewett, 


Puroell, 


Brown, 


Hoyt, 


Pollock, 


Budge, 


Lowell, 


Ray, 


Camp, 


Meacham, 


Robertson, 


Garland, 


McHugb, 


Rowe, 


Clapp, 


McKenzie, 


Sandager, 


Clark, 


Miller, 


Scott, 


Flemington, 


Moer, 


Sbuman, 


Gayton, 


Noble, 


Spalding, 
Whipple, 


Glick. 


O'Brien, 


Griggs, 


Parsons of Morton, 


Williams, 


Harris, 


Parsons of Rolette, 


Mr. President. 


Those who voted 


in the negative were: 




Messrs— 


Messrs— 


Messrs— 


AlUn, 


Elliott, 


McBride, 


Appleton, 


Gray, 


IMomland, 


Bartlett of Griggs, 


Haugen, 


Peterson, 


Bean, 


Johnson, 


Powers, 


Bell, 


Lander, 


Richardson, 


Bennett, 


Leach, 


Slotten, 


Best, 


Linwell, 


Stevens, 


Carothers, 


Lohnes, 


Turner, 


Chaffee, 


Marrinan, 


Wallace, 


Colton, 


Mathews, • 


Wellwood. 


Douglas, 






Absent and not voting: 




Messrs — 


Messrs- 




Almen, 


Paulson, 


Mr. Selby. 


Fay, 


Bolfe, 




And so the motion to adjourn prevailed, 




And the Convention adjourned. 





AFTERNOON SESSION. 

The Convention assembled at 2 o'clock p. m., pursuant to ad- 
joummeni 

Mr. Lowell moved as a substitute for the original section and 
the amendment that the following be substituted for section one 
hundred and eighty (180): 



316 



Journal of the Convention, 



The role of taxation shall be imiform, and taxes shall be levied on such 
property as the Legislative Assembly shaU prescribe. 

Mr. Colton moved to lay the substitute and the amendment on 
the table. 

Mr. Moer called for a division of the question, which being 
divided, the motion to lay the substitute on the table was put 

Ayes and nays were demanded. 

The roll being called, there ayes, 33; nays, 37; viz: 

Those who voted in the affirmative were: 



Messrs— 


Messrs — 


Messrs — 


Allin, 


Elliott, 


Peterson, 


Appleton, 


Gray, 


Powers, 


Bartlett of Grifl:^, 


Hauffen, 


Powles, 


Bean, 


Johnson, 


Richardson, 


BeU, 


Lauder, 


Robertson, 


Bennett, 


Linwoll, 


Sandager, 


Best, 


Marrinan, 


Slotten, 


Garothers, 


McBride, 


Turner, 


Clark, 


Noble, 


Wallace, 


Colton, 


Nomland, 


Wellwood, 


Don^rlas, 


O'Brien, 


Mr. President 


Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Harris, 


Parsons of Rolette, 


Blewett, 


Hegge, 
Holmes, 


Parsons of Morton, 


Brown, 


Puroell, 


Bndg:e, 


Hoyt, 


Pollock, 


Camp, 


Leach, 


Kay, 


Carland, 


Lohnes, 


Rowe, 


ChafPe 


Lowell, 


Scott, 


Clapp, 


Moacham, 


Shuman, 


Fay, 


McHugh, 


Spalding, 


Flemington, 


MoKenzie, 


Stevens, 


Gayton, 


Miller, 


Whipple, 


QUck, 


Moer, 


Williams. 



Mr. Selby. 



Griggs, 

Absent and not voting: 

Messrs — Messrs — 

Almen, Paulson, 

Mathews, Rolfe, 

And so the motion to lay the substitute on the table was lost. 

Mr. Bartlett of Griggs moved the previous question, and the 
question being, shall the main question be now put, a vote being 
taken, prevailed. 

Ayes and nays demanded on the substitute of Mr. Lowell. 

The roll being called, there were ayes, 35; nays, 36; viz: 

Those who voted in the affirmative were; 

Messrs — Messrs — Messrs — 

Bartlett of Dickey, Griggs, Moer, 

Bennett, Harris, Parsons of Morton, 

Blewett, Hegge, Parsons of Rolette, 

Brown, Holmes, Puroell, 



Friday, Auodst 16, 1889. 



317 



Badge, 


Hoyt, 


Pollock, 


Garland, 


Leach, 


Ray, 


Chaffee, 


Lohnes, 


Shnman, 


Glapp, 


Lowell, 


Spaolding, 


Fay, 


Mathews, 


Stevens, 


Flemington, 


Meaoham, 


Whipple, 


GaytoD, 


McHugh, 


Williams. 


GUck, 


MUler, 




Those who voted 


in the negative were: 




Messrs — 


Messrs- 


Messis— 


AlllD, 


Gray, 


Powers, 


Appleton, 


Hangen, 


Powles, 


Bartlett of Griggs, 


Johnson , 


Richardson, 


Bean, 


Lander, 


Roberteon, 


Bell, 


Linwell, 


Rowe, 


Best 


Marriuan, 


Sandager, 


Camp, 


McBride, 


Scott, 


Oarotbers, 


McKonzie, 


Slotten, 


OJark, 


Noble, 


Turner, 


Colton, 


Nomland, 


WaUaoe, 


Donglas, 


O'Brien, 


Wellwood, 


"Rlliot, 


Peterson, 


Mr. President 


Absent and not voting: 




Messrs— 


Messrs — 


Messrs — 


Almen, 


Bolfe, 


Selby. 


Paulson, 







And so the substitute for section one hundred and eighty (180) 
^nd the amendment was lost. 

The (][ue8tion then recurring on the amendment of Mr. Moer 
the ayes and nays were demanded. 

The roll being called, there were ayes, 30; nays, 40; viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs— 


Messrs- 


Bartlett of Dickey, 


Griggs, 


Parsons of Morton, 


Blewett 


Harns, 


Parsons of Rolette, 


Brown, 


Hoyt, 


Puroell, 


Carland, 


Leach, 


Ray. 


Chaffee, 


Lohnes, 


Sandager, 


Clapp, 


Lowell, 


Scott 


Fay, 


Meacham, 


Shnman, 


Flemington, 


McHugh, 


Spalding, 


Gayton, 


Miller, 


Stevens, 


Glick, 


Moer, 


Whipple. 


Tliose who voted 


in the negative were: 




Messrs— 


Messrs- 


Messrs- 


AUin, 


Gray, 


Peterson, 


Appleton, 


Haugeu, 


Powers, 


Bartlett of Griggs, 


Holmes, 


Powles, 


Bean, 


Johnson, 


Pollock, 


Bell, 


Lauder, 


Richardson, 


Bennett, 


Linwell, 


Robertson, 


Best 


Marrinan, 


Rowe, 


Budge, 


Mathews, 


Slotten, 


Camp, 


McBride, 


Turner, 


Garothers, 


McKenzie, 


Wallace, 



41 



318 



Journal of the Convention, 



Noble, 

Nomland, 

()»Brien, 



Wellwood, 
Williams, 
Mr. President. 



Clark, 
Colton, 
Douglas, 
Elliott, 

Absent and not voting: 

Messrs - Messrs — Messrs 

Almeii, Paulson, Selby. 

Hejr^e, Rolfe, 

Messrs. Camp and Moer explaining their votes. 

And so the amendment was lost. 

Ayes and nays were demanded on the adoption of the section. 

The roll being called, there were ayes, 40; nays, 31; viz: 

Those who voted in the affirmative w^ere: 



Messrs— 


Messrs — 


Messrs- 


AUin, 


Han/^en, 


Parsons of Morton, 


Appleton, 


Holmes, 


Peterson, 


Bartlett of Gripr^^, 


Johnson, 


Powers, 


Bean, 


Lander, 


Powles, 


Bell, 


Lin well, 


Richardson, 


Bennett, 


Marrinan,' 


Robertson, 


Best, 


Mathews, 


Rowe, 


Carothers, 


McBride, 


Sandager, 


Clapp, 


McKenzie, 


Slotten, 


Clark, 


Moer, 


Turner, 


Colton, 


Noble, 


Wallace, 


Doinjlas, 


Nomland, 


Wellwood, 


Elliott, 


0*Brien, 


Mr. President. 


Gray, 






Those who votec 


I in the negative were: 




Messrs — 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Gri^'H^s, 


Parsons of Rolette, 


Blewett, 


Harris, 


Purcell, 


Brown, 


HeRtje, 


Pollock, 


Bud^e, 


Hoyt, 


Rjiy, 


Camp, 


Leach, 


Scott, 


Carland, 


Lohnes, 


Shuman, 


ChafPee, 


Tiowell, 


Spalding, 


Fay, 


Meacham, 


Stevens, 


Fleminfifton, 


McHu^'h, 


Whipple, 


Gay ton, 


Miller, 


Williams. 


Glick, 






Absent and not 


voting: 




Messrs — 


Messrs — 


Messrs — 


Almen, 


Selby, 


Rolfe. 


Paulson, 







And so the motion to adopt section 180 prevailed.- 

Mr. AFoer gave notice of motion to reconsider. 

Mr. Spalding moved to strike out section one hundred and 
eighty -one (181). 

Ayes and nays were demanded. 

The roll being called there were ayes 25; nays, 46; viz: 



Friday, August 16, 1889. 



319 



Those who voted 


in the affirmative were: 




Messrs — 


Messrs — 


Messrs— 


Blewett, 


Glick, 


Mi>er, 


Brown, 


Harris, 


O'Brien, 


Budge, 


Hoyi, 


Parsons of Rolette, 


Camp, 


Leach, 


Piircell, 


Chaffee, 


Lowell, 


Pollock, 


Clapp, 


Meacham, 


liay, 


Fay, 


McKenzie, 


Howe, 


Flemin^toD, 


Miller, 


Spaldinii;. 


Ghayton, 






Those who voted 


in the negative were: 


I 


Messrs— 


Messrs — 


Messrs- 


Allio, 


Hansen, 


Powers, 


Appletou, 


He^ge, 


Powles, 


Bartlett of Dickey, 


Holmes, 


Richardson, 


Bartlett of Grig>^, 


Johusou, 


Robertson, 


Bean, 


Lauder, 


Bandager, 


Bell, 


Linwell, 


Scott, 


BeDuett, 


Lohnes, 


Shaman, 


Best, 


Marriuau, 


Slotten, 


Carland, 


Mathews, 


Stevens, 


Carothers, 


McBride, 


Turner, 


Clark, 


McHugh, 


Wallace, 


Coltou, 


Noble, 


Wellwood, 


Douiflas, 


Nomlaud, 


Whipple, 


Elliott, 


Parsons of Morton, 


Williams, 


Gray, 


Peterson, 


Mr. President. 


(JtngKB, 






Absent and not voting: 




Messrs— 


Messrs — 


Messrs- - 


Almen, 


Rolfe, 


Selby. 



Paulson, 

And so the motion to strike out section one hundred and eighty- 
one was lost. 

Mr. Holmes offered the following as a substitiitc^ for section one 
hundred and eighty-one (181); 

All improvements on land shall be assessed in accordance with section 180, 
but plowing shall not bo construed iis an improvement or add to the value of 
land for the purposes of assessment. 

Which motion prevailed. 

Mr. Spalding moved that Rule No. 31 be amended so that it 
will rec^uire ten instead of two to call the roll, 

Which motion was ruled out of order. 

Section one hundred and eighty-two (182) was adopted. 

Mr. Miller moved to strike out the proviso in the last two lines 
of section one hundred and eighty-three (183). 

Which motion prevailed. 

Mr. Wallace moved to amend the section as follows: 

Strike out in the sixth line the words *'tho same" and insert ''such assessed 
valuation," and in the eighth line after the word "located" insert "as a basis 
for taxation of such property." 



324 



Journal of the Convention, 



Which motion prevailed, and 

The section as amended was adopted. 

Mr. Blewett moved that the recommendations of the committee 
as to section two hundred and seventeen (217) be concurred in. 

Mr. Clapp moved to amend the section as.foUows: Add after the 
word "ability" the following: "(If an oath). So help me God. (If 
an affirmation). Under the pains and penalties of perjury." 

Mt. Johnson offered the following substitute for section two hun- 
dred and seventeen (217): 

Members of the Legislative Assembly and the officers thereof , before they 
enter upon their official duties, shall take or subscribe the following oath or 
affirmation : I do solemnly awear (or affirm) that I will support the Constitu- 
tion of the United States and the Constitution of the State of North Dakota, 
and will faithfully discharge the duties of (senator, representative or officer) 
according to the best of my abilities, and that I have not knowingly or inten- 
tionally paid or contributed anything, or made any promise in the nature of a 
bribe, to directly or indirectly influence any vote at the election at which I 
was chosen to fill said*office, and have not accepted, nor will I accept or re- 
ceive directly or indirectly, any money, pass or other valuable thing from any 
corporation, company or person, for any vote or influence I may give or with- 
hold, on any bill or resolution, or appropriation, or for any other official act. 



Mr. Noble moved to lay the substitute on 


the table. 


Ayes and nays were demanded. 


« 


The roll being called there were ayes, 45; 


nays, 4.9; viz: 


Those who voted 


in the affirmative were: 




Messrs — 


Messrs- 


Messrs — 


Allin, 


Douglas, 


Miller, 


Appleton, 


Elliott, 


Moer, 


Bartlett of Griggs, 


Fay, 


Noble, 


Bell, 


Flemington, 


O'Brien, 


Bennett, 


Gayton, 


Parson . of Rolette, 


Best, 


Glick, 


Powles, 


Blewett, 


Harris, 


Purcell, 


Brown, 


Hegge, 


Pollock, 


Budge, 


Holmes, 


Kay, 


Carlaud, 


Hoyt, 


Rowe, 


Carothers, 


Leach, 


Bandager, 


Chaffee, 


Lowell, 


Scott, 


Clapp, 


Marrinan, 


Shuman, 


Clark, 


Mathews, 


Stevens, 


Colton, 


Meacham, 


Whipple. 


Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs — 


Bartlett of Dickey, 


Nomland, 


Spalding, 


Camp, 


Parsons of Morton, 


Turner, 


Griggs, 


Peterson, 


Wallace, 


Haugen, 


Powers, 


Wellwood, 


Johnson, • 


Richardson, 


Williams, 


McBride, 


Slotten, 


Mr. President. 


McKenzie, 






Absent and not v 


oting: 
IV&ssrs — 




Messrs — 


Meflsrs— 


Almen, 


Lin well. 


Robertson, 


Beau, 


Lohnes, 


Rolfe, 


Gray, 


McHugh, 


Selby. 



Lauder, Paulson, 



Friday, August 16, 1889. 



325 



And so the motion to lay the substitute on the table was lost. 

Mr. Johnson offered another substitute which was the same as 
the one above voted down, with the exception that the word "pass" 
was stricken out. 

Mr. Scott moved that the substitute offered by Mr. Johnson be 
laid on the table. 
Which motion prevailed. 

Section two hundred and seventeen (217) was adopted. 

Mr. Williams moved that the following be accepted as an ad- 
ditional section of the article: 

The real and personal property of any woman in this state, aoqnired be- 
fore marriage, and all property to which she may after marriage become in any 
manner rightfally entitled, shall be her separate property, and shall not be 
liable for the debts of her husband. 

Which motion prevailed. 

Mr. Parsons of Morton moved that the following be adopted 
as an additional section of the Article to become section two 
liundred and eighteen. 

The exchange of black lists between cori)orations shall be pro- 
hibited. 

Ayes and nays were demanded. 



The roll being called there were ayes, 32; 


; nays. 30; viz: 


Those who voted 


in the affirmative were: 




ItfeRsrs — 


Messrs — 


Messrs — 


Allin, 


Marrinan, 


Howe, 


Best, 


Meacham, 


Sandager, 


Golton, 


McBride, 


Shuman, 


Flemington, 


Miller, 


Slotten, 


GngKB, 


Moer, 


Spalding, 


Harris, 


Nomland, 


Stevens, 


Hanf^en, 


Parsons of Morton, 


Turner, 


Johnson, 


Powers, 


Wallace, 


Ijauder, 


Powles, 


Wellwood, 


Lohnes, 


Bay, 


Mr. President 


Lowell, 


Richardson, 




Those who voted 


in the negative were* 




Messrs — 


Messrs — 


Messrs — 


Appleton, 


Garothers, 


Matthews, 


Bartlett of Dickey, 


Ghaffee, 


McKenzi^ 


Bartlett of Griggs, 


Glapp, 


Noble, 


Bean, 


Glark. 


O'Brien, 


Bennett, 


Elliott, 


Parsons of Bolette, 


Blewett, 


Fay, 


Purcqjl, 


Brown, 


Gayton, 


Pollock, 


Bndge, 


flegge, 


Scott, 


Gamp, 


Holmes, 


Whipple, 
Walliams. 


Garland, 


Leach, 


Absent and not voting; 




Messrs — 


Messrs — 


Messrs — 


Almen, 


Hoyt, 


Peterson, 


BeU, 


Lin well. 


Bobertson. 



42 



326 



Journal ok thb Convention, 



Douglas, McHu^h, 


Bolfe, 


Glick, Paiilson, 


Selby. 


Gray, 




And so the section was adopted. 





Mr. Moer moved the adoption of tlie following as an additional 
section of the article: 

Tlie members of the Lefrislativo Assembly and all other state and connty 
officials are forever prohibited from ncoe])tinfir passes from any railroad or 
other transportation company. A violation of this section shall be g^nnd for 
impeachment tmd removal from office. 

Mr. Williams offered the following as a substitute for the mo- 
tion of Mr. Moer: 

8ec. — . No railroad or other transportation company shall £frant free 
passes, or tickets, or passes or tickets at a disconut, to meml)erB of the Lef^B- 
lativo Assembly, or t<^> any state, county or monicipal officer, and the aooept- 
ance of any such pass or ticket by a mem])er of the Le^slative Assembly, or 
any such officer, shall be a forfeiture of his office. 

Wliich substitute^ was adopted. 
Ayes and nays were demanded. 

The roll being called thei*e were ayes, 42, nays, 24; viz: 

Those who voted in the affirmative w^ere: 



Messrs — 


Messrs— 


Messrs — 


Appleton, 


Haugen, 


Powles, 


Bartlott of Dickey, 


Holmes, 


Pim^ll, 


Best, 


Johnson, 


Ray, 
Richardson, 


Brown, 


Lauder, 


Budge, 


Lin well, 


Rowe, 


Camp, 


Marrinan, 


Sandager, 


Garland, 


Meacham, 


Scott, 


Garothers, 


McBride, 


Shuman, 


Glark, 


Miller, 


Slotten, 


Flemington, 


Moer, 


Spalding, 


Gay ton, 


Nomland, 


Turner, 


Glick, 


Parsons of Morton, 


Wellwood, 


Gray, 


Peterson, 


Wilhams, 


GnggB, 


Powers, 


Mr. President. 


Those who voted 


in the negative were: 




Messrs— 


Messrs- 


Messrs— 


Allin, 


Elliott, 


McKenzie, 


Bartlett of Grigjurs, 


Fay, 


Noble, 


Bean, 


Harris, 


O'Brien, 


Bennett, 


Hegge, 


Parsons of Rolette, 


Blewett, 


Hoyt, 


Pollock, 


Chaffee, 


Leach, 


Stevens, 


CJapp, 


Lowell, 


Wallaoe, 


Colton, 


Mathews, 


Whipple. 


Douglas, 






Absent and not voting: 




Messrs— 


Messrs — 


Messrs — 


Almen, 


McHugh, 


Rolfe, 


Bell, 


Paulson, 


Selby. 


Lohnes, 


Robertson, 




And so the section was adopted. 





Friday, August 16, 1889. 327 



Mr. Leach moved to adjourn. 

Mr. Scott moved that the vote by which the last measure was 
adopted bo reconsidered. 

Mr. Williams moved to lay the motion on the table. 
Which motion prevailed. 

Mr. Moer moved that Article XVIII as amended be adopteiL 
Which motion prevailed. 

Mr. Moer moved that the vote by which Article XVII was adopt- 
ed be reconsidered and that the motion to reconsider be laid on the 
table. 

Mr. Leach raised to a point of order that there was a motion to 
adjourn before the house. 

The chair decided the point well taken. 

And the motion to adjourn being put, prevailed. 



EVENING SESSION. 

The Convention assembled at 8 o'clock p. m., pursuant to ad- 
journment. 

Mr. Miller moved to proceed to the consideration of article 
XVII, 

Which motion pre\ ailed. 

ARTICLE XVIII. 

Mr. AUin moved to amend the third subdivision, as follows: 

Strike out the word **and" between Fertile uud (jleuwood, aud insert after 
the word Glenwood, in the fourth hue, **aud the town of Park iiiver." 

Which motion prevailed. 

Mr. Marrinan moved to amend the second subdivision by 
striking out the word between "Ackton" and St. Andrews and 
inserting the words "and Grafton" after tlie words St. Andrews. 

Which motion prevailed. 

Mr. Bell moved to further amend the subdivision by adding 
after the word "Ardock" the words "and the village of Ardock." 

Which motion pi-evailed. 

Mr. Allen moved to further amend the second subdivision by 
inserting after the word "Harrison" the words "village of Minto." 

Mr. Miller moved that the ninth subdivision l>e amended by 
inserting after the word "Fargo," in the second line, the words, 
"and the fractional part of townships 139-48." 

Which motion prevailed. 

Mr. Harris moved to adopt Article XVIII as amended. 

Which motion prevailed, and 

Article XVIII was adopted. 

Mr. Miller moved to proceed to the consideration of Article 
XIX, 



328 



JOUBNAL OF THE CONVENTION, 



Which motion prevailed. 

Mr. Bartlett moved that the rules be suspended and that the 
minority report of the special committee to which was referred 
the communications in reference to the location of public institu- 
tions, be now received. 

Mr . Stevens moved to lay the motion on the table. 

Ayes and nays demanded. 

The roll being called there were ayes 45, nays 28, viz: 
Those who voted in the negative were: 



Messrs — 


Messrs — 


Messrs — 


Allin, 


Johnson, 


Peterson, 


Appleton, 


Lander, 


Powers, 


Bartlett of Qriggs, 


Linwell, 


Paroell, 


Bell, 


Marrinan, 


Pollock, 


Bennett, 


Mathews, 


Robertson, 


Best, 


McBride, 


Richardson , 


Bndge, 


Noble, 


Slotten, 


Garothers, 


Nomland, 


Tamer, 


Douglas, 


O'Brien, 


Wallace. 


HaiM?en, 






Those who voted 


in the affirmative were: 




Messrs — 


Messrs — 


Messrs- 


Bartlett of Dickey, 


Gray, 


Parsons of Rolette, 


Bean, 


Griggs, 


Paulson, 


Blewett, 


Harris, 


Powles, 


Brown, 


Hegge, 


Ray, 
Rolfe, 


Camp, 


Holmes, 


Garland, 


Hoyt, 


Rowe, 


Ghaffee, 


Leaoh, 


3andager, 


Glapp, 


Lohnes, 


Scott, 


Glark, 


Lowell, 


Shnman, 


Oolton, 


Meaoham, 


Spalding. 


Klliott, 


McHngh, 


Stevens, 


Fay, 


McKenzie, 


Wellwood, 


Flemington, 


Miller, 


Whipple, 


Gayton, 


Moer, 


Wilhams, 


GUok, 


Parsons of Morton, 


Mr. President 



Absent and not voting: 

Mr. Alman, Mr. Selby. 

And so the motion to lay on the table pievailed. 

Mr. Miller moved to now proceed to the consideration of Arti- 
cle XIX. 

Which motion prevailed. 

Mr. Bartlett of Griggs, moved that the minority report of the 
Committee on Public Institutions be substituted for Article XIX. 
Mr. Williams moved to lay the motion on the table. 
Ayes and nays demanded. 

The roll being called there were ayes, 44; nays, 28, viz: 
Those voting in the affirmative were: 

Messrs — Messrs — Messrs — 

Bartlett of Dickey, Gray, Parsons of Bolette, 

Bean, Griggs, Paulson, 



Kkiday, August 16, 



Blewatt, 


Harris, 


Powles, 


Gamp, 


gas. 


Bofte, 


Oulaiia, 


Hoyt, 


Kowe, 


oimta 


Le^cb, 


Sandager, 


& 


Lobnes, 


Sbnman, 


Lowell, 


Spalding, 


Colton, 


Meaoham, 


StevenB, 


Elliott^ 


MoHogh, 


WeUwood. 


Fay. 




Whipple. 


Flemu^n, 


HUler, 


WUljaniB. 


Oayton, 


Hoer. 


Mr. Premdent. 


Gliok, 


ParaoDBot Morton, 




Those who voted 


in the negative w«re: 




Meean- 


Menre^ 




AlUo, 




Peterson, 


Apploton, 


Lander, 


Powers, 


Bartlett of OnggB, 


LinweU, 


Pnroell, 


. BeU, 


Marrinan, 


FoUook, 


Bennett, 


Mathews, 




Best. 


MoBride, 




Badge, 


Noble. 


Hlotten, 


Carotbere, 


Nomland, 


TornOT, 


Donglaa, 


O'Brien, 


WalUoe, 



Uangen, 

Abseot and not voting' 
Mr. Selby, 

Meeere Almen and Scott paired. 

And so the motion to lay on the table prevailed. 

Mr, Grig^ moved to amend the article by inserting before the 
first subdivision the following: 

"The following article shall be submitted as u eeparato article to be voted 
on separately." 

Mr. Miller moved to lay the amendment on the tabla 

Ayes and nays demanded. 

The roll being called, there were ayes 41; nays 31, viz : 

Those who voted in the afHrmativewere: 



Messre- 


Messra- 


Messrs— ' 


Bartlett ot Dickey. 


Gray, 


Panlaon, 


Bean, 


Griggs, 


Powlas. 


Blewett, 


Harris, 


Roife. 


Brown, 


Hegge, 


Camp, 


Holmes. 


Rowe, 


Garland, 


Hoyt, 


aandager. 


Chatfee, 


Leacb, 




Clapp. 


Lowell, 


Spalding, 


Clark, 


MeHcham, 


Stevens. 


EUi3tt, 


MoHugh, 


WeUwood, 


Fay, 


Miller, 


Whipple, 


FlemiDftton, 


Moer, 


WiUiams, 


Oayton, 


PatBODH of Morton. 


Mr. President 


Olick, 


PursoDS ofBolette, 




Those who voted 


in the negative were: 




Uessra-^ 


Messrs- 




AlliB, 


Johnson. 


O'Brien, 




Lander, 


Peterson, 



330 



Journal of thb Convkntion, 



Linwell, 


Powers, 


Lohnes, 


Puroell, 


Marrinan, 


Pollock, 


MathewB, 


Biohardson, 


Mo Bride, 


Robertson, 


MoEeDzie, 


Blotten, 


Noble, 


Tamer, 


Nomland, 


Wallace, 



Bartlett of Griggs. 

BeU, 

Bennett, 

Best, 

Badge, 

Carothers, 

Colton, 

Douglass, 

Haagen, 

Absent and not voting: 

Mr. Selby, 

Messrs. Almen and Scott paired. 

And so the motion to lay on the table prevailed. 

Mr. Williams moved the previous question on the motion of 
Mr. Miller, and the question being shall the main question be 
put, the ayes and nays were demanded. 

The roll being called, there were ayes, 49; nays, 24, viz: * 

Those who voted in the aflSrmative were: 



Messrs — 
GUck, 
Gray, 
Griggs, 
Harris, 
Hegge, 
Holmes, 
Hoyt, 
Leach, 
Lohnes, 
Lowell, 
Meacham, 
McHagh, 
McKenzie, 
Miller, 
Moer, 
Parsons of Morton, 



Messrs — 
Appleton, 
Bartlett of Dickey, 
Bartlett of Griggs, 
Bean, 
Best, 
Blewett, 
Brown, 
Camp, 
Garland, 
Chaffee, 
Clapp, 
Clark, 
Colton, 
Elliott, 
Fay, 

Flemington, 
Gay ton. 

Those who voted in the negative were: 

Messrs — Messrs — 

Allin, Lander, 

Bell, Linwell, 

Bennett, Marrinan, 

Budge, Mathews, 

Carothers, McBride, 

Douglas, Noble, 

Haugen, Nomland, 

Johnson, O'Brien, 

Absent and not voting: 
Mr. Selby, 

Messrs. Almen and Scott paired. 
And so the motion to put the main question prevailed. 

The motion of Mr. Miller then being put, prevailed. 
And the Convention proceeded to the consideration of Article 
XIX. 



Messrs — 
Parsons of Rolette, 
Paulson, 
Powles, 
Ray, 

Richardson, 
Bolfe, 
Rowe, 
Sandager, 
Scott, 
Bhuman, 
Spalding, 
Stevens, 
Wellwood, 
Whipple, 
Williams, 
Mr. President 



Messrs — 
Peterson, 
Powers, 
Purcell, 
Pollock, 
Robertson, 
Slotten, 
Turner, 
Wallace. 



Friday, August 16, 1889. 



331 



Mr. Purcell moved that section two hundred and nineteen (*219) 
be stricken out, 

Which motion was lost. 

Mr. Miller moved that the recommendations of the committee 
be cx)ncurred in and that the section be adopted. 

Mr. Turner moved as an amendment that all after the word 
"named" in the first line down to the first subdivision be stricken 
out, and all after the first subdivision be stricken out 

Mr. Williams moved to lay the motion on the table. 

Which motion prevailed. 

Mr. Spalding moved the previous question, and the (question 
l>eing shall the main question be now put, a vote being taken, 
prevailed, and the question recurring on the motion of Mr. 
Miller, 

The ayes and nays were demanded. 

The roll being called there were ayes, 43; nays, 28, viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs — 


Messrs— 


Bartlett of Dickey, 


Griggs, 


Parsons of Rolette, 


Bean, 


Harris, 


Paulson, 


Blewett, 


Hegge, 


Powles, 


Brown, 


Holmes, 


Ray, 
Rolfe, 


Camp, 


Hoyt, 


Garland, 


Leach, 


Rowe, 


Ghaffee, 


Lohnes, 


Sandager, 


Glapp, 


Lowell, 


Shnman, 


Glark, 


Meacham, 


Spalding, 


Elliott, 


McHngh, 


Stevens, 


Pay, 


McKenzie, 


Wellwood, 


Fleminisrton, 


Miller, 


Whipple, 


(Jayton, 


Moer, 


Williams, 


Glick, 


Parsons of Morton, 


Mr. President. 


Gray, 






Those who voted in the negative were: 




Messrs — 


Messrs — 


Messrs — 


Allin, 


Haagen, 


O'Brien, 


Appleton, 


Johnson, 


Powers, 


Bartlett of Gri^^, 


Lander, 


Pnrcell, 


BeU, 


Linwell, 


Pollock, 


Bennett, 


Marrinan, 


Biohardson, 


Best, 


Mathews, 


Robertson, 


Badge, 


McBride, 


Slotten, 


Carothers, 


Noble, 


Turner, 


Colton, 


Nomland, 


Wallace. 


Douglas, 






Absent and not voting: 




Mr. Peterson, 


Mr. Selby, 




Messrs. Almen and Scott being paired. 




And so section 219 


as recommended to be amended by the com- 


mittee was adopted. 







332 



Journal of the Convention, 



Mr. Miller moved that section two hundred and twenty (220) 
be amended by adding after the word "educational," in line two, 
the words "or charitable." 

Which motion prevailed. 

Mr. Spaldinp: moved to amend the section by adding after the 
word "electors," in the third line of the second subdivision, the 
words "of said county." 

Ayes and nays were demanded. 

The roll being called, there were ayes, 42; nays, 29; viz,: 
Those who voted in the aflSrmative were: 



Messrs — 


Messrs- 


Messrs — 


Bartlett of Dickey, 


Gray, 


Parsons of Morton, 


Bean, 


Griggs, 


Parsons of Bolette, 


Blewett, 


Harris, 


Panlson, 


Brown, 


Hegge, 


Ray, 
Bolfe, 


Chiup, 


Holmes, 


Carland, 


Hoyt, 


Bowe, 


OhafPee, 


Tieach, 


Sandager, 


Clapp, 


Lohnes, 


Shuman, 


Clark, 


Lowell, 


Spalding, 


Elliott, 


Meacbam, 


Stevens, 


Fay, 


MoHngb, 


Wellwood, 


FlemiDgton, 


MoKenzie, 


Whipple, 


Gayton, 


MiUer, 


WiUiams, 


Glick, 


Moer, 


Mr. President. 


Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs- 


Allin 


Haugen, 


Powers, 


Appleton, 


Johnson, 


Powles, 


Bartlett of GrifirRS, 


Lander, 


Paroell, 


Bell, 


Lin well, 


Pollock, 


Bennett, 


Marrinan, 


Richardson, 


Best, 


Mathews, 


Robertson, 


Bnd^e, 


McBride, 


Slotten, 


Carothers, 


Noble, 


Turner, 


C3olton, 


Nomland, 


Wallace. 


Donglas, 


O'Brien, 





Absent and not voting: 
Mr. Peterson, Mr. Selby. 

Mr. Almen and Scott being paired. 

And so the motion to adopt section two hundred and twenty 
as amended prevailed. 

Mr. Miller moved that Article XIX as amended be adopted and 
referred to the Committee on Enrolling and Engrossing. 

Ayes and nays demanded. 

The roll being called, there wore ayes 43, nays 28, viz: 

Those who voted in the affirmative were: 

Messrs — Messrs — Messrs — 

Bartlett of Dickey, Griggs, Parsons of Rolette, 

Bean, Harris, Paulson, 

Blewett, Hegge, Powlee, 



r 



Friday, August 16, 1889. 



333 



Holmes, 


Ray, 

Bolfe, 

Bowe, 


Hoyt, 
Leaoh, 


Lo tines, 
Lowell, 


Sandager, 
Shuman. 


Meaoham, 
MoHnfjfh, 
MciLenzie, 


Spalding, 

Stevens, 

Wellwood, 


Miller, 
Moer, 


Whipple, 
Williams, 


Parsons of Morion, 


Mr. President. 


the negative were: 




Messrs — 


' Messrs- 


Haagen, 
Johnson, 


O'Brien, 
Powers, 


Lander, 


PnroeU, 


Linwell, 


Pollock, 


Marriuan, 


Biohardflon, 


Mathews, 


Bobertson, 


McBride, 


Slotten, 


Noble, 


Turner, 


Noniland, 


Wallace. 



Brown, 

Camp, 

Garland, 

ChafiFee, 

Olapp, 

Clark, 

Elliott, 

Fay, 

Flemington, 

Qayton, - 

GUck, 

Gray, 



Messrs — 
Allin, 
Appleton, 
Bartlettof Griggs, 
Bell, 
Bennett, 
Best, 
Bndge, 
Carothers, 
Oolton, 
Douglas, 

Absent and not voting: 

Mr. Peterson, Mr. Selby. 

Messrs. Aimer and Scott being paired. 

Messrs. Bean, Camp, Johnson, Lauder, O'Brien, Pollock, Stev- 
ens, Turner and Wallace explaining theif vote- 

And so the motion prevailed, and 

Article XIX as amended was adopted. 

Mr. McHugh moved that the vote by which Article XIX was 
adopted be reconsidered and that the motion to reconsider be 
laid on the table. 

Which motion prevailed. 

ARTICLE XX. 

Mr. Miller moved that Article XX be adopted. 

Mr. Clapp move<l as an amendment that the recommendations 
of the committee as to this section be adopted. 
Which amendment was accepted. 
And the original motion as amended was adopted, 

Mr. Moer moved to take a recess for ten minutes. 
Which motion was accepted. 

Mr. President called Mr. Bartlett of Griggs to the chair. 

SCHEDULE. 

Sections one (1), two (2), three (3), four (4), five (5) and six 
(6) were adopted. 

Mr. Purcell moved that the first six sections of the schedule be 
adopted and sent to the engrossing clerks. 

43 



334 Journal of the Convention, 



Which motion prevailed. 

Sections seven (7), eight (8) and nine (9) were adopted 

Mr. Spalding moved to strike out in section ten (10) all after 
the work "elected" in line twelve. 

Mr. Lauder moved as an amendment to strike out all after the 
word "elected" in third line from the last and insert the following: 

There shall be elected in each orgauized county m this state at the election 
to be held for the ratification of this Constitution a clerk of the district court 
who shall hold his office under said election until his successor is duly elected 
and qualified. 

Which amendment prevailed. 

Mr. Johnson moved to amend the amendment by inserting 
after the word * 'ratification" the words "or rejection." 
Which motion was lost and 
The motion of Mr. Spalding as amended prevailed. 

Mr. Garland moved to amend section ten (10) by adding to it 
as amended, the following: 

The judges of the <iistrict court shall have power to appoint county dis- 
trict attorneys in any organized counties where no such attorneys have been 
elected, which appointment shall continue until the general election to be held 
in 18^K), find until a successor is elected and qualified. 

Which motion prevailed, and 

The section as amended was adopted. 

Sections eleven (11), twelve (12), thirteen (13), fourteen (14,) 
fifteen (15), sixteen (IC), seventeen(17) were aclopted. 

Mr. Bartlett moved to suspend the rules and that sections 
eleven (11), twelve (12), thirteen (13), fourteen (14) fifteen (15), 
sixteen (10) and seventeen (17) be adopted and sent to the en 
grossing clerks. 

Which motion prevailed. 

Sections eighteen (18) and nineteen (19) were adopted. 

Mr. Pollock moved to amend section twenty (20) as follows: 

Strike out the word **yes" in the fourth line, substitute the word 
"against" for the word "for" in the fifth line,and strike out the word "no" in 
the sixth line." 

Which motion prevailed and the section as amended was 
adopted. 

Mr. Purcell moved that section twety-one (21) be adopted and 
sent to th(^ entrrossing clerks. 
Which motion prevailed and 
The section was adopted. 

Section twenty-two (22) was adopted. 

Mr. Carland offered the following and moved its adoption as 
secti(m twenty-three (23) of the schudule: 

Tliis Gonstituttion shall, after its enrollment, l)e si^ed by the President 
of this Convention and the Chief Clerk thereof and such delefjfates who desire 
to si^ the same, whereupon it shall be deposited in the office of the Secretary 



Friday, August 16, 1889. 



335 



of the Territory, where it may be signed at any time by any delegate who shall 
Ih) prevented from signing the same for any reason at the time of the adjourn- 
ment of this Convention. 

Which motion prevailed, and 
The proposed section was adopted. 

Mr. Bell moved that the following be adopted as an additional 
section of Article XIX: 

No appropriation for the erection of any public building not heretofore 
authorized by law shall bo naule by the legislature until the needs of charity or 
the re(|uirements of the public service demands it, and the eriH^tion of no more 
than one institution shall be provided for at any single session of the legisla- 
tive assembly. 

Mr. Scott moved to lay the motion on. the table. 

Ayes and nays were demanded. 

The roll being called, there were ayes, 26; nays, 42; viz: 
Those who voted in the affirmative were: 



Messrs — 


Messrs- 


Messrs - 


Bartlett of Dickey, 


Gray, 


Rowo, 


Bean, 


FTarris, 


S!!^ndager, 


Blewett, 


Hoyt, 


Scott, 


Camp, 
Chaffee, 


Lowell, 


Shuman, 


Meacham, 


Spalding, 


EUiott, 


McHugh, 


Stevens, 


Flemington, 


MoKenzie, 


Wellw(X)d, 


Qnyton, 


Ray, 


Whipple. 


Glick, 


Bo))ertson, 




Those who voted 


in the negative were : 




Messrs— 


Messrs — 


Messrs - - 


Allin, 


Fay, 


O'Brien, 


Appleton, 


Griggs, 


Parsons of Morton, 


Bartlett of Griggs, 


Haugen, 


Parsons of Bolette, 


BeU, 


Johnson, 


Peterson, 


Bennett, 


Lauder, 


Powers, 


Best, 


Leach, 


Purcell, 


Brown, 


Linwell, 


Pollock, 


Budge, 


Marrinan, 


Richardson, 


Carlaud, 


Mathews, 


Slotton, 


Carothers, 


McBride, 


Turner, 


Clapp, 


Miller, 


Wallace, 


Clark, 


Moer, 


Williams, 


Colton, 


Noble, 


Mr. President. 


Douglas, 


Nomland, 




Absent and not voting: 




Messrs — 


Messrs— 


Messrs — 


Almen, 


Lohnes, 


Rolfe, 


Hegge, 


Paulson, 


Selby. 



Holmes, Powles, 

And so the motion to lay on the table was lost. 

And the motion of the gentleman from Walsh prevailed. 

Mr. Bartlett of Dickey moved to adjourn. 

Mr. Flemington moved as an amendment that when 
adjourn it be to meet again to-morrow at 2 o'clock p. m. 



we 



336 Journal of the Convention, 



Mr. Pollock moved to amend by substituting '*10 o'clock a. m." 
for "2 o'clock p. m." 

Which motion was lost, and 

Mr. Flemington's motion was lost, and 

Mr. Bartlett withdrew his motion. 

Mr. Purcell moved that the vote by which the section offered 
by Mr. Bell was adopted be reconsidered. 
Which motion prevailed. 

Mr. Purcell moved to lay the amendment of Mr. Bell on the 
table. 
Which motion prevailed. 

Mr. Camp moved that the following be adopted as section 
twenty-four (24) of the schedule: 

In oase the Territorial officers of the Territory of Dakota or any of them 
who are now required by law to report to the Gk)vemor of the Territory an- 
nually or biennially, shall prepare and publish such reports covering the trans- 
actions of their offices up to the time of the admission of the State of North 
Dakota into the Union; the Legislative Assembly shall make sufficient appro • 
priation to pay one-half of the cost of such publication. 

Which motion prevailed and the proposed section was adopted. 

Mr. Carland moved to amend section one hundred and three 
(103) by striking out in the second line the words, "each within 
its territorial limits." 

Mr. Moer moved the previous question, and the question being 
shall the main question be now put, a vote being taken prevailed, 
and 

The motion of Mr. Carland prevailed. 

Mr. Miller moved to adopt section (103) as amended. 
Which motion prevailed. 

Mr. Parsons moved to adjourn. 
Which motion was lost. 

Mr. Miller moved that section seventeen, (17) as amended, be 
adopted. 

Mr. Moer moved that the vote by which section two hundred 
and twenty (220) was adopted be reconsidered. 
Which motion prevailed. 
Mr. Moer moved to strike out the section. 

Mr. Scott moved the previous question and the question being 
shall the main question be now put, a vote being taken prevailed. 
Ayes and nays were demanded on the main question. 

The roll being called, there were ayes, 43, nays 21, viz: 
Those who voted in the aflSrmative were: 



Messrs— 


Messrs — 


Messrs— 


Allin, 


Gayton, 


Noble, 


Appleton, 


Glick, 


O'Brien. 


Bartlett of Griggs, 


Griggs, 


Parsons ot Bolette, 



Fbidat, August 16, 



Bean, 


Harris, 


Pollock, 


BeU, 


Holmes, 


Bay, 


Bennett, 


Hojt. 


EOWB, 


Bert, 


Luuder. 




Blewett, 


Leach, 


Soott, ' 


Badge, 


Low«]l, 


Sbunuui, 


Gbaffee, 


Marrinan, 


Stevens, 


Glapp, 


MnHiewB, 


Wallace, 


CUii. 


Meacham. 


Well wood. 


GoltoD, 


McEenzie, 


Mr. ^'^'idont. 


Elliott, 

Pay. 

Those who voted 


Miller, 


iu the ueRative were: 




Meflsre— 


Meeers- 


MeSBTB- 


Bartlett ot Diokey, 


Juhusun, 


Powere, 


Camp, 


McBride, 


Pnroell, 


Garland, 


MoHukIi, 


RichanlBOU, 


GBruthers, 


Moer, 


Robertson, 


DonglM. 




Blotten, 


FlemiDgton, 


Parsons of M'lrton. 


Tnnier, 


HaDgen, 


Peterson, 


WUliams, 


Absent aud not voting: 




Meeare- 


Meeare— 


Messrs— 


Almen, 


Linwell, 


KoUe, 


Brown, 


Lohnee, 


Selby, 


Gray, 


Panleon, 


Bpalding. 


HegKB. 


Fowlea, 




Mr. Wallace explaiaiug his vote. 





And BO the motion to strike Out section two hnndred and twenty 
prevailed. 

Mr. HarriB moved that Article XVII be adopted as ameuded. 

Mr! Purcell moved the adoption of the following as an addi- 
tional section: 

MINOBITT BBPBBSBNTAnoN. 

There shall be snbmitted at the same election at which this Constitution is 
sabmitted for rejeotion or adoption. Article — , entitled Minurity BepreaeDta- 
tion, in the same manner as the question on prohibition is sabmitted. 
Which motion the chair declared lost 
Mr, Noble appealed from the decision of the chair, 
Which appeal was not sustained, 

Mr. Miller moved to adopt all that portion ot Article IV which 
has not already been adopted. 

Mr. Johnson introduced the following resolution and moved its 
adoption : 

Whebsas, The Hon. F. B. Fancher, President of this Convention, has in 
his trying position as our preeidinK officer, a situation ot great delicacy and 
reeponsiturity, aoqaitted himself with uniform courtesy, eminent fairuesa and 
innnita patience; and 

Whkrbas, It is an honored Hud beautiful custoin on the final Bdjoumment 
of deliberative assemblies of this character to douale by resolution bo honored 
and respected presiding officers, the chair they have occupied and the gavel 
they have wielded; therefore, be it 

Itetolved, That as a token of our rdspeot and confidence, we hereby order 



340 Journal of the Convention, 



Mr. Miller moved to amend by striking out "$20" and inserting 
in lieu thereof "$10." 

Mr. Stevens moved to lay the motion on the table. 
Which motion was lost, and 
The amendment of Mr. Miller prevailed; and 
The original resolution as amended prevailed. 

REPORT OF STANDING COMMITTEES. 

The Committee on Accounts and Expenses submitted the fol- 
report: 

Mr. President: 

Your Ck>mmittee on Accounts and Expenses respectfully make this sup- 
plementary report; that there is due to 

W. E. Semliug, for services as clerk on committee on Revenue and Taxa- 
tion from July 19, 1889, to August 1, 1889, inclusive, 14 days@$4. . .$56 00 
W. E. Sembling, for services engrossing from ^^Augnst 15. 1889, to Au- 
gust 17, 1889, inclusive, 3 days^S6 18 00 

M. P. Skeeles, for services engrossing August 17, 1 day^ 6 00 

C. W. Wagner, for services engrossing August 17, 1 day(f^ 6 00 

Which expenses must be assumed by the State of North Dakota. 

O. G. Meaoham, 

Chairman. 

Report adopted. 

Mr. Harris moved to adopt both the original and supplementary 
reports of the Committee on Accounts and Expenses. 
Which motion prevailed, 
And the reports were adopted. 

REPORTS OF SELECT COMMITTEES. 

The Special Committee, to which was referred the telef^rams, 
communications, etc., to the Convention, in reference to the loca- 
tion of public institutions, submitted the following majority and 
minority reports: 

MAJOUrrY REPORT. 

Report of the committee to whom was referred letters, telegrams, petitions 
and memorials on the subject of locating the state capital and public institu- 
tions. 

Mr. President: 

The aforesaid committee beg leave to report as follows: 

First. Although there are communications on both sides of the question, 
the preponderance, municipal and otherwise, is overwhelmingly against loca- 
ting the capital and public institutions in the Constitution. 

Second. The internal and external evidence indicates plninhr that the 
commendations wore in the main worked up by the Northern Pacific Railway 
corporation or by a narrow, local selfish mistaken qualification of favored com- 
munities, while the prot-ests are in the main spontaneous, broad and patriotic 
expressions from the people. 

Third. That we view with alarm the sure doom of the state treasury as 
foreshadowed in the following nawe resolution of approval from Ramsom 
county : 

^^R(>Holvv(h That it now becomes the duty of the voters of Ransom county 
to send such persons to the Legislature of our new state as will use every 
proper means to secure the buildings, etc." 



r 



Saturday, August 17, 1889. 341 



One can hardly oomplain of the sincerity and logic of that resolntion. 

Instead of removing a froitfnl course of corruption as the majority report 
claims, this article will fasten upon the state a powerful inducement to form a 
spoils ring in every legislature for log rolling and **going in for the old flag and 
a bifi: appropriation." 

Fourth. That this Gonvention owes it to the people of this state and to 
a proper re^^^rd for its own position in history to seriously and respectfully 
consider the objection urged against this article. That its effect on the Agri- 
cultural Collepre is to dismember that institution and soatte r its professorships 
and departments in remote parts of the state to grow up into so many useless 
high scnools instead of a great seat of learning which should become the pride 
and glory of the state as contemplated by the munificence of the federaJ gov- 
ernment. 

Fifth. That inasmuch as many of these communications emphatically deny 
the right of this Convention to locate these institations and regard the article 
a hig:h-handed usurpation of their rights not contemplated by them in the 
election of May 14th. 

Therefore, the article should at least be submitted as a separate article, like 
the article on Prohibition, so that the now evident and bitter hostility thereto 
will not result in defeating an etherise very good Coostitution and thus ob- 
tructing the march to statehood. 

Sixth. That we read with deep humiliation in many of these communica- 
tions from the people intimations of corruption and bribery and regret that 
such suspicious have found a lodgement in the minds of the people, as it will 
create distrust of the whole document and injure the fair name of the state 
both at home and abroad. 

Seventh. The minority report relies very much for popular support on the 
hypothesis that our capital property of $250,000 at Bismarck would become 
valueless unless the obnoxious article is included in the Oonstitution. 

The premises do not justify such a conclusion. 

The majority report says that "when the seat of government is changed the 
land reverts by the terms of the deed to the donors— (the building reverting 
with the land)." 

That is like the news we used to get from Texas during the war: *<Impor- 
tant, if true." 

The committee have carefully examined the "terms of the deed" from the 
Northern Pacific Railroad Company to the Territory of Dakota. 

It is recorded on Page 125, Vol. A, No. 4, miscellaneous records of Bur- 
leigh county. 

The only limitation therein contained is as follows: "The premises here- 
inbefore described shall be held, used and disposed of by the party of the 
second part * * * for the purpose of erecting and completing the Capitol 
building of the said Territory of Dakota upon the parcel of ground first here- 
inafter described." 

As soon as the buildings were erected and completed this condition was 
fullfilled, and the title vested absolutely in the territory. 

The territory could have conveyed a perfect title to all the property at any 
time subsequent to about 1885. South Dakota has now formally relinquished 
all and any share in this property, and North Dakota's title is absolute. 

The claim of the minority that "It would open up the way to innumer- 
able suits against the territory from the holders of warrantee deeds for lots pur- 
chased, who would have an equitable if not a legal demand for the return of 
their money," is unfortunate, to say the least. 

In the first place, there are no "warrantee deeds" to these lots. 

The capitol commissioners, when they conveyed these lots, very properly 
omitted to insert any warranty whetever. 

The only words that appear in said deeds between the description of the 
lots and the attestation of tlie signatures are contained in a habenduvi clause 
which reads as follows: "To have and to hold the same with all the appur- 
tenances thereto belonging to the party of the second part, their heirs and 



44 



342 Journal of the Convention, 



assies forever." Besides that, a state cannot be sned without giving its con- 
sent thereto. 

Our Angp- Saxon anoesters have from time immemorial maintained that 
principle ana justified it on the maxim that "the king can do no wrong.'' 

In the states of the American union the same policy has prevailed, and is 
abundantly justified on grounds of public policy and the general welfare of the 
state. 

It is a remote alarm to fear that North Dakota will depart from the whole- 
some traditions. 

Our land at Bismarck is valuable, simply on account of the Capital being 
there. 

Any other community in the state would be glad to give us an equal 
area for the same purpose, and a like iuiiation of values would follow its loca- 
tion anywhere. 

M. N. Johnson, 
J. F. Selby, 

J. L. COLTON, 

Minority of the Committee. 

minobity rbport. 

Mr. Prpstdent: 

Your committee to whom was referred various memorials concerning the 
locating of public institutions, respectfully submit the following report : 

The remonstrances against the action of this Convention have imdonbtedly 
been inspired by a misapprehension of the facts, or a misunderstanding 
of the reasons for sach actions. We pass by the threat contained in 
some of the memorials, that unless the Convention recedes from its 
position, the memoniliste will defeat the Constitution. These threats 
cannot be the result of reflection, for if seriously made, they 
would imply that liberty of thought and a decent regard for the opinions of 
others had fallen to a low ebb indeed. In the history of Dakota, every quar- 
rel, every antagonism of sections, almost every charge of corruption, bargain 
and sale, has grown out of the location of public institutions. A disgraceful 
dispute, lasting for years, costing the territory thousands of dollars, and which 
threatened the dismemb rment of the Legislature itself, grew out of the loca- 
tion of the capital. There is scarcely an institution of the territory, the loca- 
tion of wliich has not demoralized the legislature, arrayed oonununities against 
each other, and in some cases called for military interference, to avoid actual 
bloodshed. Even so late as the meeting of our last general assembly, the 
strife over the location of an institution, threatened to disrupt the pleasant re- 
lations of two of our principal cities, and occupied the attention of the legisla- 
ture for weeks, to the detriment of public interests. Your committee believe 
that the positive and final settlement of the many questions sure to arise in our 
first legislature over the location of public institutions, would be a blessing to 
the new state, a relief of the tax-payers, and an avoidance of local feuds and 
quarrels, which otherwise would plunge the state into confusion and extrava- 
gance, for the next ten years. It is perhaps natural that the opponents of this 
article should magnify the objections to it, but we protest against that repre- 
sentation of the motives and infiuences governing the majority which is con- 
tained in some of these memorials, and which has appeared in the columns of 
the press. The charges are not only untrue, but are grossly unjust to the 
members of this convention. The proposition submitted in this article is fair 
to all sections, recognizing every division of the territory, and will prove a 
meiisure of e<iuity for the future, as well as for the present. Five of the new 
institutions are loc>ated in the northern part of the state, four in the central, and 
three in the southern; six are on the line of the great Manitoba system, four on 
the transcontinental line of of the Northern Pacific, and two on the line of both 
roads. Five are in the thickly populated counties of the eastern border (the 
university makes six), three are in the central range of counties between the 
Red and the Missouri rivers, and two on or west of the Missouri. The Consti- 
tutional declaration that these institutions shall be locatetl permanently in oer- 



Satdbday, Adgost 17, 



tAin plAoea, eoate tbe tax-puyera outhinK. It aftorda do pretext For tlia erecliou 
of pnblio buildiuge, nuy mure tbau tlotw the orftnuic aot whiuh ilIbo 
proTitles for tham. The Oonveotion is at liberty to rtistriot the uiimlter ut 
these iuBtitntioiiB whioh shiill be built iu a given time, or the Legwlatiiro may 
do ao Ht its first or Hoy aiibaeqaeat session. It eitnply diBpiiges' ^t ijiinrrels 
over locatiu); iu the future. The plea that tho people shonliVvote ou thin 
matt«r oiuuiot be miule in entire ([ood faith, for uu tnem1>er of the iniiiority has 
ofTered au article proposiu); a vot« on the location of the uuivereity, the 
hospital fur tliu insane, the )u;riou[ttiral collecfe or any other iustitutiou lixeU 
by the urticle iu ijuestion. The cry has been, aud still ic, to vot« ou the Capi- 
i^ location, titnl U> leave other iustitutioos to be located by the Legislature - 
H proposition which all experience proves to be frBiii;ht with the utmost dauKer 
to the peaoe and dignity of the a 'ate. Ho fur ns the seiit of Koverniuent is con- 
cerned, a recital of s few facts in fiiiHiceat to vindicate the uiiijority in the action 
they have taken, iu tbe minds ut renBimable and uupreiljndiced men. The 
Capital was tixed at Bismnrok ou conditions that the citizens would contribnte 
SlUO,UOUiiimone> and lOOncrt-sof land. Tbis tliev di<i. adding' to the quarter 
BectioQ demanded, another qnurter sectiuu, uiakiuK 'i'2i) acres of land alto|;ethor, 
donated to the territory. I'lie buildint; as it now stands with its steam iieating 
fixtures, etc, has cost nearly jaiUl.lH)!). Of tbis amount tbe ti'rritory has con- 
tribnted about S1UU,U00. Whc>n the seat of i^vemment is changed, the laud 
reverts by the terms of the deed to the d >DerB. The result ot such a change 
therefore would be to not only deprive the i-itizens who have 
coutribnt«<l their menus to tbe ereotioD of this build- 
ing of all they have expended, (tbe bnildiug revertiuft with the land) bat would 
be absolutely abandoDiui; and throwiuK away the two hundred aud llfty . Uiou- 
sniid dollars worth of property' now vested in the people. Nut imly this, bnt 
it would open up tbe way to innumerable suits ugiiinst the territory from tbo 
holders of warrantee deeds for lots purchased who would have au equitable if 
not a legal demand for the return of their money. These are the facts brielly 
stated, and it seems to your o >mmittee tbnt they shonlil appeal to every dele- 
(fate in tbis convention. Can we afford to sacriflca this large property to 
gratify any whim or local ambition? Bnt this ia not all. If the seat of guvern- 
ment is changed a new building for capitol purposes must be erected. Is tbe 
new state so rich that it can afford to spend a qiuirter of a million dollars un- 
necessarily and for property thus thrown away? We thiuk not. We believe 
the Bober sense of the people will agree that such a course would be unwar- 
ranted, extravagant and rehective upon the iudgmont, if not the sincerity and 
honesty of this convention. Svery other iustitntiiiu locat«<l and built by tbe 
territory remains undisturbed. Nobody thinks of demandiny a vote ou tbe 
University or the Insane Asylum. Wliy should the Oapitol be made an exoep- 

If this article is adopted and ratified the state wilt start out free from 
[oarrels, with no cause (or sectional strife, with no necessity for increasing ita 
lebt, to provide bnildinga at the Beikt of government, and, as your committee 
most einoerely believe, with an era of peace and (iroaperity before it, all o( 
whicb ia respottully submitted. 

H. F. MiLLBB, 

Chairman. 



^ 



Mr. Moer moved to diBpuuse with thu reiuliiig at length of the 
reports. 

Which motion was withdrawn, nnd 

Mr. Stevens renewed the motion. 

Ayea and nays were demandeiL 

The roll being called, therfl were ayes, 2i; nays, 42; viz: 

ThoBe who voted in the afhrrnative were: 
HesBrs — Messrs— Meears— 

Bean, (laylon, McKenzie, 

Blewett, Ohok, Hililler, 



344 



Journal of the Convention, 



Brown, 


Gray, 


Parsons of Morton, 


Camp, 
Chaffee, 


Griggs, 


Parsons of Rolette. 


Harris, 


Bolfe, 


Glark, 


Hoyt, 


^ndager. 


Rlliott, 


Leaoh, 


Stevens, 


Fay, 


Meacham, 


Whipple. 


Those who voted 


in the negative were: 




Messrs— 


Messrs — 


Messrs — 


Allin, 


Johnson, 


Purcell, 


Appleton, 


Lander, 


Pollock, 


Bartlett of Dickey, 


Linwell, 


Ray, ^ 


Bartletfcof Griggs, 


Lowell, 


Richardson, 


Bennett, 


Marrinan, 


Robertson, 


Best, 


Mathews, 


Howe, 


Budge, 


MoHugh, 


Selby, 


Garland, 


Moer, 


Bhuman, 


Carothers, 


Noble, 


Slotten, 


Colton, 


Nomland, 


Turner, 


Douglas, 


O'Brien, 


Wallace, 


Flemington, 


Peterson, 


Wellwood, 


Haugen, 


Powers, 


Williams, 


Holmes, 


Powles, 


Mr. President 


Absent and not \ 


oting: 




Messrs — 


Messrs — 


Messrs — 


Almen, 


Hegge, 


Paulson, 


BeU, 


Lohnes, 


Scott, 


Olapp, 


MoBride, 


Spaldimg. 



Messrs Moer and Stevens explaining their votes. 

And so the motion was lost. 

Mr. Johnson moved to adopt the majorty report, being the n 
port signed by himself and others. 

Mr. Stevens moved to lay the motion of Mr. Johnson on th 
table. 

The ayes and nays were demanded. 

The roll being called there were ayes, 38; nays, 31, viz: 
Those who voted in the affirmative were: 



Messrs — 


Messrs — 


Messrs- 


Bean, 


Gray, 


Parsons of Rolette, 


Blewett, 


Grigijfs, 


Ray. 


Brown, 


Harns, 


Rolfe, 


Gamp, 


Hegge, 


Rowe, 


Garland, 


Holmes, 


Sandager, 


Ghaffee, 


Hoyt, 


Shuman, 


Glapp, 


Leach, 


Spalding, 


Glark, 


Lohnes, 


Stevens, 


ElUott, 


Lowell, 


Wellwood, 


Fay, 


Meacham, 


Whipple, 


Flemington, 


McHugh, 


Wilhams, 


Ghiyton, 


Miller, 


Mr. President 


GUok, 


Parsons of Morton, 




Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messrs- 


Allin, 


Johnson, 


Powers, 


Appleton, 


Lauder, 


Powles, 


Bartlett of Dickey, 


Linwell, 


Puroell, 



r 



Satubday, August 17, 1889. 



345 



Bartlett of GriggB, 


Marriuan, 


Pollock, 


BenQett, 


Mathews, 


Biobardson, 


Beet, 


MoEenzie, 


Robertson, 


Bad^ret 


Noble, 


Selby, 


Carothers, 


Nomland, 


Slotten, 


Golton, 


O'Brien, 


Tomer, 


Douglas, 


Peterson, 


Wallace. 


Haogeii, 






Absent and not voting: 




itfessrs — 


Messrs— 


Messrs- 


Almen, 


McBride, 


Paulson. 


Gray, 


Moer, 


Scott, 



And so the motion to lay the majority report on the table pre- 
vailed. 

Mr. Miller moved to adopt the report which has been termed 

6 minority report. 

Ayes and nays demanded. 

The roll being called there were ayes, 41; nays, 28; viz: 
Those who voted in the affirmative were: 



■eesrs— 


Messrs— 


Messrs- 


Bartlett of Dickey, 


Gray, 


Parsons of Morton, 


Bean, 


Griggs, 


Parsons of Rolette, 


Blewetl, 


Hams, 


Powles, 


Brown, 


Hegge, 


Ray, 

Rolfe, 


Gamp, 


Uoimes, 


Garland, 


Hoyt, 


Rowe, 


Chaffee, 


Leach, 


Sandager, 


Glapp, 


Lohnes, 


Shuman, 


Clark, 


Lowell, 


Stevens, 


Elliott, 


Meacham, 


Spalding, 
Wellwood, 


Fay, 


McHugh, 


Flemington, 


MoiLenzie, 


Whipple. 


Gkiyton, 


Miller, 


WilliamB, 


Glick, 


Moer, 


Mr. President. 


Those who voted 


in the negative were: 




Ceesrs — 


Messrs- 


Messrs- 


Allin, 


Johnson, 


Powers, 


Appleton, 


Lauder, 


Puroell, 


Bartlett of Griggs, 


Linwell, 


Pollock, 


Beet, 


Marrinan, 


Richardson, 


Bennett, 


Mathews, 


Robertson, 


Budge, 


Noble, 


Selby. 


Carothers, 


Nomland, 


Slotten, 


Golton, 


O'Brien, 


Turner, 


Douglas, 


Peterson, 


Wallace, • 


Haugen, 






Absent and not voting: 




Messrs— 


Messrs — 


Messrs- 


Almen, 


McBride, 


Scott, 


Bell, 


Paulson, 





And so the motion to adopt the minority report prevailed. 

Ml. Moer called up his motion to reconsider the vote by which 
section one hundred and eighty (180) was adopted. 

Mr. Golton moved to lay the motion to reconsider on the table. 



346 



Journal of the Convkntion, 



Ayes and nays were demanded. 

Mr. Moer moved a call of the house, 

Mr. Bartlett of Griggs moved to adjourn sine die. 

Mr. Williams moved a call of the house. 
Which motion prevailed. 

And the roll was called. 

All members were present except Messrs. Almen, Bell, Hegge, 
McBride, Paulson and Scott. 

Messrs. Almen, Bell, McBride, Paulson and Scott being ex- 
cused. 

Mr. Hegge returned to the House and all further proceedings 
under the call were dispensed with. 

Ayes and nays were demanded on the motion to adjourn sifie 
die, 

Mr. Moer moved that when the convention adjourn it be to 
meet again at 8 o'clock to-night. 

Mr. Allen moved the previous question. 
Which motion was ruled out of order. 
Mr. Moer's motion was lost, and the 

Ayes and nays were demanded on the motion of Mr. 
Bartlett. 

The roll being called, there were ayes, 7; nays, 62; viz: 

Those who voted in the affirmative were: 



Messrs — 


Messrs — 


Messrs— 


AlliD, 


Carothers, 


• Biohardson, 


Bartlett of Griggs, 


Marrinan, 


Robertson, 


Best, 






Those who voted 


in the negative were: 




Messrs— 


Messrs— 


Messrs — 


Appleton, 


Haugen, 


Peterson, 


Bartlett of Dickey, 


Hegge, 


O'Brien, 


Bean, 


Holmes, 


Powers, 


Bennett, 


Hoyt, 


Powles, 


Blewett, 


Johnson, 


Puroell, 


Brown, 


Lauder, 


Pollock, 


Budge, 


Lieaoh, 


liay, 
Rolfe, 


Camp, 


Linwell, 


Garland, . 


Lohnes, 


Bowe, 


Chaffee, 


Lowell, 


Bandager, 


Clapp, 


Mathews, 


Selby. 


Clark, 


Meaclmin, 


Shuman, 


Colton, 


MoHugh, 


Slotten, 


Douglas, 


McKenzie, 


Spalding, 


Elliott, 


Miller, 


Stevens, 


Fay, 


Moer, 


Turner, 


Flemington, 


Noble, 


Wellwood, 


Gayton, 


Nomlaud, 


Whipple. 


GUck, 


Parsons of Morton, 


WiUiams, 


Griggs, 


Parsons of Rolette, 


Mr. President 


Harris, 







Saturday, August 17, 1889. 



347 



Absent and not voting: 

Hfesere — Messrs — Messrs — 
Almen, MoBride, Scott, 

Bell, Paulson, WaUace, 

Gray, 

Messrs. Camp, Colton and Spalding explaining their votes. 
And so the motion to adjourn sine die was lost. 

Mr. Pollock moved to adjourn until 8 o'clock p. m. this eve- 
ning. 

Which motion was lost 

Ayes and nays were demanded on Mr. Colton's motion to lay 
Mr. Moer's motion to reconsider the vote by which section one 
hundred and eighty (180) was adopted on the table. 

The roll being called, there were ayes, 31; nays, 33; viz: 

Those who voted in the aflSrmative were: 



Messrs— 


Messrs — 


Messrs — 


Allin, 


Hangen, 


Pollock, 


Bartlett of Grig^, 


Jolinsou, 


Richardson, 


Bennett, 


Lander, 


Robertson, 


Best, 


Lin well. 


Rolfe. 


Brown, 


Marrinan, * 


Rowe, 


Oarothers, 


McEenzie, 


Slotten, 


Clapp, 


Nomland, 


Turner, 


Clark, 


Peterson, 


WaUace, 


ColtOD, 


Powers, 


Weliwood, 


Douglas, 


Powles, 


Mr. President. 


Gray, 






Those who voted in 


the negative were: 




Messrs — 


Messrs — 


Messrs— 


Appleton, 


Griggs, 


0*Brien, 


Bartlett of Dickey, 


Harris, 


Parsons of Morton, 


Bean, 


Holmes, 


Parsons of Rolette, 


Blewett, 


Hoyt, 


Ray, 


Budge, 


Leach, 


Sandager, 


Camp, 


Lowell, 


Selby, 


Carland, 


Mathews, 


Hhuman, 


GhafTee, 


Meacham, 


Spalding, 


Fay, 


McHngh, 


Stevens, 


Flemington, 


Moer 


Whipple, 


Clayton, 


Noble, 


Williams. 


Glick, 






Absent and not voting: 




Mr. Almen, 


Mr. Bell, 


Mr. Lohnes. 


Those being paired 


were: 




Messrs — 


Messrs- 


Messrs — 


Elliott, 


Miller, 


Purcell, 


Hegge, 


Paulson, 


Scott. 


McBride, 







Messrs. Moer and Biehardson explaining their vote. 

And so the motion to lay on the table was lost. 

The question then recurring on Mr. Moer's motion to reconsider 



348 



Journal of the Convention, 



Ayes and nays were demanded. 

The roll being called there were ayes, 36, nays, 29; yiz: 
Those who voted in the affirmative were: 



Messrs — 
AppletoD, 
Bartlett of Dickey, 
Bean, 
Blewett, 
Budge, 
Camp, 
Garland, 
Chaffee, 
Clapp, 
Fay, 

Flemington, 
Gay ton, 



Messrs — 
GHok, 
Griggs, 
Harris, 
Holmes, 
Hoyt, 
Leach, 
Lowell, 
Mathews, 
Meacham, 
McHugh, 
McKenzie, 
Moer, 



Those who voted in the negative were: 



Messrs — 
Allin, 

Bartlett of Griggs, 
Bennett, 
Best, 
Brown, 
Carothers, 
Clark, 
Col ton, 
Douglas, 
Gray, 

Absent and not voting: 

Mr. Almen, Mr.Lohnes. 

Those being paired were: 

Messrs — Messrs — 

BeU, McBride, 

Elliott, Miller, 



Messrs — 
Haugen, 
Johnson, 
Lauder, 
Linwell, 
I arrinan, 
Nomland, 
O'Brien, 
Peterson, 
Powers, 
Pollock, 



Messrs — 
Noble, 

Parsons of Morton, 
Pars6ns of Rolette, 
Powles, 
Ray, 

Sandager, 
Selby, 
Shuman, 
Spalding, 
Stevens, 
Whipple, 
Wilhams. 



Messrs — 
Richardson, 
Robertson, 
Rolfe, 
Rowe, 
Slotten, 
Turner, 
Wallace. 
Wellwood, 
Mr. President 



Messrs — 
Purcell, 
Scott. 



Hegge, Paulson, 

And so the vote to reconsider section one hundred and eighty 
(180) prevailed. 

Mr. Appleton moved to amend section one hundred and eighty 
(180) by adding at the close thereof the following: 

Providedy That the property of all railroad corporations may be taxed in 
such manner as the Legislative Assembly may deem for the beet interest of the 
state. 

Mr. Wallace moved to amend the amendment by adding thereto 
the following: 

That no railroad property shall be assessed or taxed at a rate higher than 
one-half that to which private property is subjected. 

Mr. Lauder moved as a substitute that the section be amended 
by adding thereto the following: 

Provided, However, that the Legislative Assembly may by law accept and 
provide for a tax based on gross earnings in lien of all other taxes to be as- 
sessed against the road, road-bed, rolling stock, franchise and all other, and 
only such property as is owned by any railroad corporation and used by it in 
the actual operation of its road« 



Saturday, August 17, 1889. 349 



Which substitute Was withdrawn. 

Mr. Camp as a substitute for all amendments moved to amend 
the section by adding thereto the following: 

Bat the Legislative Assembly may by law provide for the payment of a per 
centnm of gross earnings of railroad companies to be paid in ueu of all state, 
county, township and sohool taxes on property exclusively used in and alx>ut 
the prosecution of the business of such companies, but no real estate of such 
corporations shall be exempted from taxation in the same manner and on the 
same basis as other real estate is taxed, except road bed, right of way, shops and 
buildings used exclusively in their bnsiness as common carriers, aud whenever 
and so long as such law providing for the payment of a per centum on earnings 
shall be in force, that part of section 183 of this article relating to the assess- 
ment of railroad property shall cease to be in force. 

Mr. Stevens offered the following resolution and moved its 
adoption : 

Whbreas, We have heard with feelings of deepest sorrow of the death of 
a beloved member of the family of Hon. John Almen, a delegate to this Con 
vention from Walsh county. Be it 

Resolved, That the members of this Convention, sorrowing with our brother 
member in his irreparable loss, tender to him and his family our most heart- 
felt sympathies, trusting that they may enjoy the richest blessings and consol- 
ations of our Heavenly Father. 

Resolvedt That the Chief Clerk of this Convention transmit to Hon. John 
Almen a copy of the action of this Convention. 

Which resolution was adopted. 

Mr. Wallace moved to adjourn until eight o'clock this evening. 
Which motion was lost. 

Mr. Williams offered the following amendment to the secttion : 

The property of all corporations conducted for pecuniary ])rofit may be 
taxed as other property, or upon its eamimgs. And the power to tax individ- 
uals or corporations, or their property, shall not be surrendered or suspended 
by any contract or grant to which the state may be a party. 

Mr. Camp moved to amend the substitute offered by himself by 
adding thereto the following, after the words "common carriers:" 

But no real estate situate more than 200 feet from the center of the maiii 
line of the railroad of such company shall be exempted from taxation by the 
payment of such percentage of gross earnings. 

Which amendment to the substitute was accepte<i. 

Mr. Flemington moved the previous question, and the question 
being shall the main question be now put, a vote being taken, 
prevailed, and 

The substitute of Mr. Camp as amended prevailed. 

Mr. Spalding moved to amend the amendment just adopted by 
substituting for that portion relating to taxation of real estate the 
following: 

But no real estate of such corporations shall be exempted from taxation in 
the same manner and on the same basis as other real estate is taxed, except 
roadbed, right of way, shops and buildings used exclusively in their business 
as common carriers. 

Mr. Parsons of Mortion, moved to adjourn until 8 o'clock this 
evening. 

45 



350 



Journal of thb Convention, 



Which motion was lost. 

Ayes and nays demanded on Mr. Spalding's amendment 
The roll being called there were ayes 43, nays 23, viz: 
Those who voted in the affirmative were: 



Messrs - 
Bartlett of Dickey, 
Beau, 
Bennett, 
Blewett. 
Brown, 
Bud^e, 
Camp, 
Garland, 
ChaflPee, 
Clapp, 
Clark, 
Fay, 

Flemin/tfton, 
Gay ton, 
Glick, 



Messrs — 
Gray, 
Grifirgs, 
Harris, 
Holmes, 
Hoyt, 
Leach, 
Lohnes, 
Lowell, 
Mathews, 
Meaoham, 
McHugh, 
MoKenzie, 
Moer, 
Parsons of Morton, 



Messrs — 
Parsons of Rolette, 
Powles, 
Pollock, 
Ray, 
Rolfe, 
Rowe, 
Sandager, 
Selby, 
Shuman, 
Spalding. 
Stevens, 
Wellwood, 
Whipple, 
Williams, 



Those who voted in the negative were: 



Messrs — 
Johnson, 
Lauder, 
Linwell, 
Marrinan, 
Noble, 
Nomland, 
O'Brien, 
Peterson, 



Powers, 

Rioharoflon, 

Robertson, 

Slotten, 

Tomer, 

Wallace. 

Mr. President 



Messrs — 
Puroell, 
Scott, 



Messrs — 
Allin, 
Appleton, 
Bartlett of Griggs, 
Best, 

Carothers, 
Colton, 
Donglas, 
Hangen, 

Those being paired were: 

Messrs — Messrs— 

Alman, McBride, 

Bell, Miller, 
Elliott, 

Absent and not voting: 

Messrs — Messrs — 

Hegge, Paulson, 

Messrs. Stevens and Williams explaining their votes. 

And so the amendment to the substitute prevailed. 

Mr. Harris moved to adopt section one hundred and eighty 
as amended. 

Mr. Turner moved to further amend the section by. adding 

thereto the foUwing. : 

The Legislature may exempt all buildings and personal property used ex- 
clusively in the direct operation and use of farmers in cultivating their lands. 

Mr. Bleweit moved the previous question, and the question 
being shall the main question be put, a vote being taken, pre- 
vailed, and 

Ayes and nays were demanded on the amendment of Mr. Tur- 
ner. 



Saturday, August 17, 1889.. 



351 



The roll being called there were ayes 22; nays, 39; viz: 
Those who voted in the affirmative were: 



Itfessre— Messrs— 


Messrs— 


Bartlett otGngfCB, Moer, 


Robertson, 


Bennett, I^oble, 


Bolfe, 


Garland, Nomland, 


Selby. 


Clark, O'Brien, 


Stevens, 


Oolton, Parsons of Morton, 


Turner, 


Donfi:las, Peterson, 


Wellwood, 


Haogen, Powers, 


Williams, 


Marrinan, 




Those who voted in the negative were: 


1 


Messrs— Mestrs — 


Messrs — 


AUin, Gayt«»»\ 


Meacham, 


Appleton, Glick, 


McHii^h, 


Bartlett of Diokey, Gray, 


McEenzie, 


Bean, Griff f^, 


Parsons of Kolette, 


Best, Harris, 


Pollock, 


Blewett, Holmes, 


Ray, 


Brown, Hoys, 


Richardson, 


Badge, Johnson, 


Rowe, 


Gamp, Lander, 


Shuman, 


Garothers, Leaoh, 


Slotten, 


Ghaffee, Lohnes, 


Spalding. 


Glapp, Lowell, 


Whipple, 


Fay, Mathews, 


Mr. President. 


Flemin^n, 




Absent and not voting: 




Messrs — Messrs— 


Messrs — 


Almen, Lin well, 


Sandager, 


Bell, Powles, 


Wallace, 


Those being paired were: 




Messrs — Messrs — 


Messrs — 


.Elliott, Miller, 


Purcell, 


Heffjare, Panlson, 


Soott, 


MoBride, 





Messrs. Colton, Douglas and Williams explaining their votes. 

And so the amendment was lost. 

The motion to adopt section one hundred and eighty (180) pre- 
vailed. 

Mr.iBly, proprietor of the Sheridan house, invited the delegates 
to attend a reception. 

Mr. Parsons moved to accept the invitation of Mr. Bly. 
Which motion prevailed. 

Mr. Johnson moved to adjourn until 8 o'clock. 
Which motion prevailed. 

EVENING SESSION. 

The Convention assembled a 8 o'clock pursuant to adjourn- 
ment 



352 .Journal of the (convention, 



Mr. lilewett moved that all speeches be limited to 3 minutes 
AVhich motion prevailed. 

Mr. Miller moved to reconsider the vote by which it was decided 
not to publish the debates of the convention 
Which motion prevailed. 

Mr. Miller moved that one thousand [1,000] copies of the de- 
bates of the convention be published 
Which motion prevailed. 

The committee on enrolling and engrossing submitted the 
following partial rei)ort: 

Mr. President: 

Your committee on eugrossinfi: the Gonstitation, respeotfully report as 
follows: 

Ask coiisent to chanj^e as follows: 

"Majristrate" to "Ma^strates" m bne 6 of section 69. 

Strike out *'or" between "ferries" and "toll-bridges" in line 16 of section 69. 

Chaujfe "and" to "or" in line 32 of section 69. 

Chanjfe "town" to " towns" in line 34 of section 69. 

Insert "be" after "disability" in section 72. 

Strike out comma, ( , ) after "commutations" in section 76. 

Make **objection" "objections" in section 79. 

Same in Bection 80. 

Strike out comma ( , ) aft«r "labor" in section 83. 

Strike out comma ( , ) after "railway" in section 84. 

Strike out comma ( , ) after "provided" in section 87. 

Comma ( , ) betweeu "judges" and "who** in sectinn 92. 

"Provisions" in section 93, to be changed to "provision." 

Strike out "the" before "judge" in section 98. 

In sec^tion 73. strike out "except" and insert "unless he be." 

In section 107, strike out "old" and insert "of age." 

Strike out comma ( , ) after "administrators" in line 4 of sectton 111. 

Insert comma ( , ) after "duoretion" in section 122. 

In next to last line of section 142 insert "so" between "be" and "oonstraed.** 

In proviso to section 144 change "be" to "remain." 

In section 149 strike out "that" in line 5. 

In secttion 158 strike out comma ( , ) between "provided" and "however." 

Suggest that third line from bottom in section 159 be changed to read 
"The residue may be sold at any time after expiration of said ten years." 

Strike out "and" after "assembly" in line 6 of section 160. 

Strike out "the" before "government" in line 11 of section 162. 

Change "by" io "under" in line 2 of section 164. 

Insert comma ( , ) in place of "or" in line 3 of section 166. 

Mr. Williams moved that the recommendations of the Committee 
be adopted. 

Which motion prevailed. 

The Committee on Accounts and Expenses submitted the fol- 
lowing report: 

Mr. President: 

Your Committee on Accounts and Expenses, respectively submit the follow- 
ing additional supplimentary report. That this is due to Hattie G. David- 
son for services as clerk for committee on school and public lands for August 
24 and 25, two days (r/}$5.00, $10.00, which expenses must be assumed by the 
State of North Dakota. 

O. G. MHAOHAli, 

GhaiimaiL 



Saturday, August 17, 1889. 353 



The Committee on Engrossing and Enrolling submitted the 
following supplemental report: 

Mb. President: 

Your oommittee to take charge of the enia^rossiDsr of the GoDstitution 
reBpectfnlly report that they have compared the eD^roBsed CoDstitution with 
the orig^ed articles and find the same correctly eng^rossed 

B. F. Spaulding. 

Chairman. 

CONSTITUTION OF NORTH DAKOTA -1889. 



PREAMBLE. 

We, the people of North Dakota, grateful to Almighty G(xl for 
the blessings of civil and religious liberty, do ordain and establish 
this Constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1. All men are by nature e<iually free and indepen- 
dent and have certain inalienable rights, among which are those 
of enjoying and defending life and liberty ; act^uiring, possessing 
and protecting property and reputation; and pui-suiug and obtain- 
ing safety and happiness. 

Sec. 2. All political power is inherent in the pooj)le. (lovern- 
ment is instituteil for the protection, security and benefit of the 
people, and they have a right to alter or reform the same when- 
ever 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 lancL 

Sec. 4. The free excercise and enjoyment of religious profes- 
sion 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 jurof on account of liis opinion on 
matters of religious belief; but the liberty of conscience hereby 
secured shall not be so construed as to excuse acts of licentious- 
ness, 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 
saspended unless, when in case of rebellion or invasion, the pub- 
lic safety may require. 

Sec 6. All persons shall be bailable by sufficient sureties, un- 
less for capital offiences when the proof is evident or the presump- 
tion great. Excessive bail shall not be required, nor excessive 
fines imposed, nor shall cruel or unusual punishments be inilictecL 



354 Journal of the Convention, 



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 oases, 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 againt criminally, otherwise than by indict- 
ment, 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, offences shall be prosecuted criminally by in- 
dictment or 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 on 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 griev- 
ances, or for other proper purposes, by petition, address or re- 
monstrance. 

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 
peace, and no soldiers shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war, ex- 
cept in the manner prescribed by law. 

Sec. 13. In criminal prosecutions in any court whatever, the 
party accused shall have the right to a speedy and public trial; 
to have the process of the court to compel the attendance of wit- 
nesses in his behalf; and to appear and defend in person and with 
counsel. No person shall be twice put in jeopardy for the same 
offense, nor be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty or property with- 
out due process of law. 

Sec 14. Private property shall not be taken or damaged for 
public use without just compensation having been first made to, 
or paid into court for the owner, and no right of way shall be ap- 
propriated to the use of any corporation, other than municipal, 
until full compensation therefor be first made in money or ascer- 



Saturday, August 17, 1889. 355 



tained and paid into court for the owner, irrespective of any 
benefit from any improvement proposed by such corporation, 
which compensation shall be ascertained by a jury, unless a jury 
he waived. 

Sec. 15. No person shall be imprisoned for debt unless upon 
refusal to deliver up his estate for the benefit of his creditors, in 
such manner as shall be prescribed by law; or in cases of tort; 
or where there is strong presumption of fraud. 

Sec. 16. No bill of attainder, €'a;«os//ac/o law, or law impair- 
ing the obligations of contracts shall ever be passed. 

Sec. 17. Neither slavery nor involuntary servitude, unless for 
the punishment of crime, snail ever be tolerate<l in thiff state. 

Sec. 18. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrant shall issue but 
upon probable cause, supported by oath or affirmation, particu- 
larly describing the place to be searched and the persons and 
things to be seized. 

Sec. 19. Treason against the State shall consist only in levy- 
ing war against it, adhering to its enemies or (giving them aid and 
comfort. No person shall be convicted of treason unless on the 
evidence of two witnesses to the same overt act, or confession in 
open court. 

Sec. 20. No special privileges or immunities shall ever be 
granted which may not be altered, revoked or repealed by the 
Ljegislative Assembly; nor shall any citizen or class of citizens be 
granted privileges or immunities which upon the same terms 
shall not be granted to all citizens. 

Sfc. 21. The provisions of this Constitution are mandatory 
and prohibitory unless, by express words, they are declared to be 
otherwise. 

Sec. 22. All courts shall be open, and every man for any in- 
jury done him in his lands, goods, person or reputation shall have 
remedy by due process of law, and right and justice administered 
without sale, denial or delay. Suits may be brought against the 
State in such manner, in such courts, and in su^ cases, as the 
Legislative Assembly may, by law, direct. 

Sec. 23. Every citizen of this State shall be free to obtain 
employment wherever possible, and any pjerson, corporation or 
agent thereof, maliciously interfering or hindering in any way, 
any citizen from obtaining or enjoying employment already ob- 
tained, from any other corporation or person, shall be deemed 
guilty of a misdemeanor. 

Sec. 24. To guard against transgressions of the high powers 
which we have delegated, we declare that everything in this article 



356 Journal of the Convention, 



is excepted out of the fj^eneral powers of government and shall 
forever remain inviolate. 

ARTICLE IL 

THE LEGISLATIVE DEPARTMENT. 

Sec. 25. The Leji^islative power shall be vested in a Senate 
and House of llepresentatives. 

Sec. 20. The Senate shall be composed of not less than thirty 
nor more than fifty members. 

Sec. 27. Senators shall be elected for the term of four years, 
except as hereinafter provided. 

Sec. 28. No person shall be a senator who is not a qualified 
elector in the district in which he may be chosen, and who shall 
not have attained the age of twenty-five years, and have been a 
resident of the State or Territory for two years next preceding 
his election. 

Sec. 29. The Legislative Assembly shall fix the number of 
Senators, and divide the State into as many senatorial districts as 
there are senators, which districts as nearly as may be, shall be 
equal t(^ each other in the number of inhabitants entitled to rep- 
resentati(Mi. Each district shall be entitled to one Senator and no 
more, and shall bo composed of compact and contiguous territory; 
and no portion of any county shall be attached to any other county, 
or part thereof, so as to form a district. The districts as thus 
ascertained and determined shall continue until changevi by law. 

Sec. 30. The senatorial districts shall be numberetl consecu- 
tively from one upwards, according to the number of districts 
prescribed, and the Senators shall be divided into two classes. 
Those elected in the districts designated by even numbers shall 
constitute one class, and those elected in districts designated by 
odd numbers shall constitute the other class. The Senators of 
one class, elected in the year 1890, shall hold their office for two 
years, those of the other class shall hold their office four years, 
and the determination of the two classes shall be by lot, so that 
one-half of the Senators, as nearly as practicable, may be elected 
biennially. 

Sec. 31. The Senate, at the beginning and close of each regular 
session, and at such other times as may be necessary, shall elect 
one of its members President pro icmpore, who may take the place 
of the Lieutenant Governor under rules prescribed by law. 

Sec. 32. The House of Representatives shall be composed of 
not less than sixty, nor more than one hundred and forty mem- 
bers. 

Sec. 33. llepresentatives shall be elected for the term of two 
years. 



Satcbdat, Acodst 17, 1889. 



Sec 34 No person Bhall be a BepreBeatative who in not a 
qualified elector in the district for which he may be choseo, and 
who shall not have attainetl the age of twenty-one years, and have 
been a resident of the State or Territory for two years next pre- 
ceding his election. 

Sec. 35. The members of the House of Representatives shall 
be apportioned to and elected at large from each senatorial dis- 
trict The Legislative Assembly shall, in the year 1895, and every 
tenth year, cause an enumeration to be made of all the inhabitants 
of this State, and shall at its first regular session after each such 
enumeration, and also after each federal census, proceed to fix by 
law the number of Senators, which shall constitute the Senate of 
North Dakota, and the number of BepreRentatives which shall 
constitute the House of Representatives of North Dakota, within 
the limits prescribed by this Constitution, and at the same session 
shall proceed to reapportion the State into senatorial districts, as 
prescribed by this Constitution, and to fix the number of members 
of the House of Representatives, to be elected from the several 
senatorial districts; Providt^d, That the Legislative Assembly may. 
At any regular session, redistrict the State into senatorial districts, 
and apportion the Senators and Representatives respectively, 

SEa 36. The House of Representatives shall elect one of its 
xaembers as Speaker. 

Sec. 27. No judge or clerk of any court, secretary of state, 
«tttomey general, register of deeds, sheriff or person holding any 
«>ffice of profit under this Stat«, except in the militia or the office 
^3f attomey-at-law, notary public or justice of the peace, and no 
:i)erson holding any office of profit or honor under any foreign 
^government, or under the government of the United States, except 
'■Matmasters whose annual compensation does not exceed the sura 
•^nt $300, shall hold any office in either branch of the Legislative 
-Assembly or become a member thereof. 

Sec. 38. No member of the Legislative Assembly, expelled for 
<3orruption, and no person convicted of bribery, perjury or other 
"infamous crime shall be eligible to the Legislative Assembly, or 
to any office in either branch thereof. 

Sec. 39. No member of the Legislative Assembly shall, during 
the term for which he was elected, be appointed or elected to any 
civil office in this State, which shall have been created, or the 
emoluments of which shall have been increased, during the term 
for which he was elected; nor shall any member receive any civil 
appointment from the Governor, or Governor and Senate, during 
the term for which he shall have been elected. 

Sec. 40. If any person elected to either house of the Ijegisla- 
tive Assembly shall offer oi promise to give his vote or influence, 
iu favor of, or against any measure or proposition pending or 
proposed to be introduced into the Jj^fislative Assembly, in con- 

46 



358 Journal of the Convention, 



sideration, or upon conditions, that any other person elected to 
the same Legislative Assembly will give, or will promise or assent 
to give, his vote or influence in favor of or against any other 
measure or proposition, pending or proposed to be introduced 
into such Legislative Assembly, the person making such oflfer or 
promise shall bo deemed guilty of solicitation of bribery. If any 
member of the Legislative Assembly, shall give his vote or influence 
for or against any measure or proposition, pending or proposed to 
be introduced into such Legislative Assembly, or offer, promise or 
assent so to do upon condition that any other member will give, 
promise or assent to give his vote or influence in favor of or 
against any other such measure or proposition pending or pro- 
posed to be introduced into such Legislative Assembly, or in 
consideration that any other member hath given his vote or 
influence, for or against any other measure or proposition in such 
Legislative Assembly, he shall be deemed guilty of bribery. 
Ancl any person, member of the Legislative Assembly or person 
elected thereto, who shall be guilty of either such offenses, shall 
be expelled, and shall not, thereafter be eligible to the Legislative 
Assembly, and, on the conviction thereof in the civil courts, shall 
be liable to such further penalty as may be prescribed by law. 

8kc. 41. The term of service of the members of the Legisla- 
tive Assembly shall begin on the first Tuesday in January next, 
after their election. 

Sec. 42. The members of the Legislative Assembly shall in all 
cases excej)t treason, felony and breach of the peace, be privi- 
leged from arrest during their attendance at the sessions of their 
respective houses, and in going to or returning from the same. 
For W4)rds used in any speech or debate in either house, they shall 
not be questioned in any other place. 

Sec. 43. Any member who has a personal or private interest 
in any mcasun* or bill proposed or pending before the Legislative 
Assembly, shall disclose the fact to the house of which he is a 
member, and shall not vote thereon without the consent of the 
house. 

Se(\ 44. The Governor shall issue writs of election to fill 
such vacancies as may occur in either house of the Legislative 
Assembly. 

Sec. 45. Each member of the Legislative Assembly shall re- 
ceive as a compensation for his services for each session, five dol- 
lars i)or day, and ten cents for every mile of necessary travel in 
going to and returning from the place of the meeting of the Leg- 
islative Assembly, cm the most usual route. 

Sec. 4(). A majority of the members of each house shall con- 
stitute a quorum, but a smaller number may adjourn from day to 
day, and may compel tlie attendance of absent members, in such 
a manner, and under such a penalty, as may be prescribed by law. 



Saturday, August 17, 1889. 359 



Sec. 47. Each house shall be the judge of the election returns 
anct qualifications of its own members. 

Sec. 48. Each house shall have the power to iletermine the 
rules of proceeding, and punish its members or other persons for 
contempt or disorderly behavior in its presence; to protect its 
members against violence or offers of bribes or private solicita- 
tion, and with the concurrence of two- thirds, to expel a member; 
and shall liave all other powers necessary and usual in the Legis- 
lative Assen}bly of a free state. But no imprisonment by either 
house shall continue beyond thirty days. Punishment for con- 
tempt or disorderly behavior shall not bar a criminal prosecution 
for the same offense. 

Sec. 49. Each house shall keep a journal of its proceedings, 
and the yeas and nays on any question shall be taken and entered 
on the journal at the request of one-sixth of those present. 

Sec. 50. The sessions of each house and of the Committee of 
the Whole shall be open unless the business is such as ought to 
be kept secret. 

Sec. 51. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting, except in case of epi- 
demic, pestilence or other great danger. 

Sec. 52. The Senate and House of Representatives jointly 
shall be designated as the Legislative Assembly of the State of 
Korth Dakota. 

Sec. 53. The Legislative Assembly shall meet at the seat of 
government at 12 o'clock noon on the first Tuesday after the first 
Monday in January, in the year next following the election of the 
members thereof. 

Sec. 54. In all elections to be made by the Legislative Assem- 
bly, or either house thereof, the members shall vote viva voce, and 
their votes shall be entered in the journal. 

Sec. 55. The sessions of the Legislative Assembly shall be 
biennial, except as otherwise provided in this Constitution. 

Sec. 56. No regular sessions of the Legislative Assembly shall 
exceed sixty days, except in case of impeachment, but the first 
session of the Legislative Assembly may continue for a period of 
one hundred and twenty days. 

Sec. 57. Any bill may originate in either house of the Legisla- 
tive Assembly, and a bill passed by one house may be amende<l 
by the other. 

Sec. 58. No law shall be passed, except by a bill adopted by 
both houses, and no bill shall be so altered and amended on its 
passage through either house as to change its original purpose. 



360 Journal of the Convention, 



Sec. 59. The enactiug clause of every law shall be as follows: 
Be it enacted by the Legislative Assembly of the State of North 
Dakota. 

Sec. 60. No bill for the appropriation of money, except for the 
expenses of the government, shall be introduced after the fortieth 
day af the session, except by unanimous consent of the house in 
which it is sought to be introduced. 

Sec. 61. No bill shall embrace more than one subject, which 
shall be expressed in its title, but a bill which violates this pro- 
vision shall be invalidated thereby only as to so much thereof as 
shall not be so expressed. 

Seo. 62. The general appropriation bill shall embrace nothing 
but appropriations for the expenses of the Executive, Legislative 
and Judicial Departments of the State, interest on the public debt 
and for public schools. All other appropriations shall be made by 
separate bills, each embracing but one subject. 

Sec. 63. Every bill shall be read three several times, but the first 
and second readings, and those only, may be upon the same day; 
and the second reading may be by title of the bill unless a read- 
ing at length be demanded. The first and third readings shall be 
at length. No Legislative day shall be shorter than tne natural 
day. 

Sec. 64 No bill shall be revised or amended, nor the provisions 
thereof extended or incorporated in any other bill by reference to 
its title only, but so much thereof as is revised, amended or ex- 
tended or so incorporated, shall be re-enacted and published at 
length. 

Sec. 65. No bill shall become a law except by a vote of the ma- 
jority of all the members elect in each house, nor unless, on its 
final passage, the vote be taken by yeas and nays, and the names of 
those voting be entered on the Journal. 

Sec. 66. The presiding officer of each house shall, in the pres- 
ence of the house over which he presides, sign all bills and joint 
resolutions passed by the Legislative Assembly; immediately be- 
fore such signing their title shall be publicly read, and the fact of 
signing shall be at once entered on the Journal. 

Sec. 67. No act of the Legislative Assembly shall take effect 
until July 1st, after the close of the session unless in case of 
emergency (which shall be expressed in the preamble or body of 
the act), the Legislative Assemblv shall, by a vote of two-thirds 
of all the members present in each house, otherwise direct. 

Sec. 68. The Legislative Assembly shall pass all laws neces- 
sary to carry into effect the provisions of this Constitution. 

Sec. 69. The Legislative Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: 



Sathedat, August 17, 1889. 



1. For granting divorceB. 

2. Laying out, opening, altering or working roads or highways, 
vacating roads, town plats, streets, alleys or public grounds. 

3. Locating or changing county seats. 

4. Begulating county or township affairs. 

5. Begulating the practice of courts of justioe. 

6. Regulating the jurisdiction and duties of justices of the 
peace, police magistrates or constables. 

7. Changing the rules of evidence in any trial or inquiry. 

8. Providing for changes of venue in civil or criminal cases. 

9. Declaring any person of age. 

10. For limitation of civil actions, or giving effect to informal 
or invalid deeds. 

11. Summoning or impanneliuir grand or petit juries. 

12. Providing tor the management of common schools. 

13. Begulating the rate of interest on money. 

14 The opening or conducting of any election, or designating 
the place of voting. 

16. The sale or mortgage of real estate belonging to minors or 
others under disability, 

16. Chartering or licensing ferries, toll bridges or toll roads. 

17. Remitting fines, penalties or forfeitures. 

18. Creating, increasing or decreasing fees, percentages or al- 
lowances of public otficers. 

19. Changing the law of descent 

20. Granting to any corporation, association or individual the 
right to lay down railroad tracks, or any special or exclusive priv- 
ilege, immunity or franchise whatever. 

21. For the ptmishment of crimes. 

22. Changing the names of persons or places. 

23. For the assessment or collection o£ taxes. 

24 Affecting estates of deceased persons, minors or others 
under legal disabilities. 

25. Bxtending the time for the collection of taxes. 

26. Refunding money into the State Treasury. 

27. Relinquishing or extinguishing in whole or in part the in- 
debtedness, liability or obligation of an^ corporation or person to 
this State, or to any municipal corporation therein. 

28. Legalizing, exo^t as against the State, the nnanthorized 
or invalid act of any officer. 



364 Journal of thb Convention, 



with his objections to the house in which it originated, which 
shall enter the objections at large upon the Journal and proceed 
to reconsider it If, after such reconsideration, two-thirds of the 
members elect shall 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 it be approved by two-thirds of the mem- 
bers elect, it shall become a law; but in all such cases the vote of 
both houses shall be determined by the yeas and nays, and the 
names of the members voting for and against the bill shall \^ en- 
tered upon the Journal of each house respectively. If any bill 
shall not be returned by the Governor within three days (Sundays 
excepted) after it shall have been presented to him, the same 
shall be a law, unless the Legislative Assembly by its adjourn- 
ment, prevent its return, in which case it shall be a law, unless he 
shall file the same with his objections in the office of the Secre- 
tary of State, within fifteen days after such adjournment. 

Sec. 80. The Governor shall have power to disapprove of any 
item or items, or part or parts of any bill making appropriations 
of money or property embracing distinct items, and the part or 
parts of the bill approved shall be the law, and the item or items, 
and part or parts disapproved shall be void, unless enacted in the 
following manner: If the Legislative Assembly be in session he 
shall transmit to the house in which the bill originated a copy of 
the item or items, or part or parts thereof disapproved, together 
with his objections thereto, and the items or parts objected to 
shall be separately reconsidered, and each item or part shall then 
take the same course as is prescribed for the passage of bills over 
the executive veto. 

Sec. 81. Any Governor of this State who asks, receives or 
agrees to receive any bribe upon any understanding that his 
official opinion, judgment or action shall be influenced thereby, or 
who gives or offers, or promises his official influence in considera- 
tion that any member of the Legislative Assembly shall give his 
official vote or influence on any particular side of any question or 
matter upon which he may be required to act in his official capac- 
ity, or who menaces any member by the threatened use of his veto 
power, or who offers or promises any member that he, the said 
Governor will appoint any particular person or persons to any 
office created or thereafter to be created, in consideration that any 
member shall give his official vote or influence on any matter 
pending or thereafter to be introduced into either house of said 
Legislative Assembly, or wl.o threatens any member that he, the 
said Governor, will remove any person or persons from office or 
position with intent in any manner to influence the action of said 
member, shall be punished in the manner now or that may here- 
after be provided by law, and upon conviction thereof shall forfeit 
all right to hold or exercise any office of trust or honor in this 
State. 



f 



Saturday, August 17, 1889. 365 



SEa 82. There shall be chosen by the qualified electors of the 
State at the times and places of choosing members of the Legisla- 
tive Assembly, a Secretary of State, Auditor, Treasurer, Superin- 
tendent of Public Instruction, Commissioner of Insurance, three 
Commissioners of Bailroads, one Attorney General and one Com- 
missioner of A^culture and Labor; who shall have attained the 
age of twenty-five years, shall be citizens of the United States, 
and shall have the qualifications of State electors. They shall 
severally hold their offices at the seat of government, for the term 
of two years and until their successors are elected and duly qual- 
ified, but no person shall be eligible to the office of Treasurer for 
more than two consecritive terms. 

Sec. 83. The powers and duties of the Secretary of State, 
Auditor, Treasurer, Superintendent of Public Insrruction, Com- 
missioner of Insurance, Commissioners of Bailroads, Attorney 
General and Commissioner of Agriculture and Labor, shall be as 
prescribed by law. 

Sec. 84. Until otherwise provided by law, the Governor shall 

Teceive an annual salary of three thousand dollars; the Lieutenant 

Governor shall receive an annual salary of one thousand dollars; 

^he Secretary of State, Auditor, Treasurer, Superintendent of 

Public Instruction, Commissioner of Insurance, Commissioners of 

IBailroads and Attorney General shall each receive an annual 

^lary of two thousand dollars; the salary of the Commissioner of 

.Agriculture and Labor shall be as prescribed by law, but the 

^uJaries of any of the said officers shall not be increased or dimin- 

"Sshed during the period for which they shall have been elected, 

nd all fees and profits arising from any of the said offices shall 

covered into the State treasury. 

ARTICLE IV. 

JUDICIAL DEPARTMENT. 

Sec. 85. The judicial power of the State of North Dakota shall 
fce vested in a supreme court, district courts, county courts, 
justices of the peace, and in such other courts as may he created 
T^y law for cities, incorporated towns and villages. 

Sec. 86. The supreme court, except as otherwise provided in 
ilhis Constitution, shall have appellate jurisdiction only, which 
«hall be co-extensive with the State and shall have a general 
superintending control over all inferior courts under such regu- 
lations and limitations as may be prescribed by law. 

Sec. 87. It shall have power to issue writs of habeas corpus, 
mandamuSf quo warrantoy certiorari, injunction, and such other 
original and remedial writs as mav be necessary to the proper 
exercise of its jurisdiction, and shall have authority to hear and 
determine the same; Provided, however, that no jury trials shall 

47 



366 Journal of the Convention, 



be allowed in said supreme court, but in proper cases questions of 
fact may be sent by said court to a district court for trial. 

Sec. 88. Until otherwise provided by law three terms of the 
supreme <*oiirt shall be held each year, one at the seat of govern- 
ment, one at Fargo, in the county of Cass, and one at Grand 
Forks, in the county of Grand Forks. 

Sec. 89. The supreme court shall consist of three judges, a 
majority of whom shall be necessary to form a quorum or pro- 
nounce a decision, but one or more of said judges may adjourn 
the court from day to day or to a day certain. 

Sec. 90. The judges of the supreme cojirt shall be elected by 
the qualified electors of the State at large, and except as may be 
otherwise provided herein for the first election for judges under 
this Constitution, said judges shall be elected at general elections. 

Sec. 91. The term of office of the judges of the supreme court, 
except as in tliis article otherwise provided, shall be six years, and 
they shall hold their offices until their successors are duly qual- 
ified. 

Sec. 92. The judges of the supreme court shall, immediately 
after the first election under this Constitution, be classified by lot 
so that one sliall hold his office for the term of three years, one 
for the term of five years and one for the term of seven years 
from tlie first Monday in December, A. D. 1889. The lots shall 
be drawn by the judges who shall for that purpose assemble at 
the seat of government, and they shall cause the result thereof to 
be certified to tlie Secretary of the Territory and filed in his 
office unless the Secretary of State of North Dakota shall have 
entered upon the duties of his office, in which event said certifi- 
cation shall be filed therein. The judge having the shortest term 
to serve, not holding his office by election or appointment to fill a 
vacancy, shall be Chief Justice and shall preside at all terms of 
the supremo court and in case of his absence the judge having in 
like manner the next shortest term to serve shall preside in his 
stead. 

Sec. 93. There shall be a clerk and also a reporter of the 
supreme court, who shall be appointed by the judges thereof, and 
who shall hold their offices during the pleasure of said judges, and 
wliose duties and emoluments shall be prescribed by law and by 
rules of the supreme court not inconsistent with law. The Legis- 
lative Assembly shall make provision for the publication and dis- 
trilnition of the decisions of the supreme court and for the sale of 
the published volumes thereof. 

Sec. 94. No person shall be eligible to the office of judge of 
the supreme court unless he be learned in the law, be at least 
thirty years of age and a citizen of the United States, nor unless 
he sliall have resided in this State or Territory of Dakota three 
years next preceding his election. 



Saturday, August 17, 



Sec. 95. Whenever the population of the Stak' of North 
Dakota shall equal Bix buDdreil thoiiBaiid tlie Legislntivu As- 
sembly shall have the power to iiierense the nunilwruf the jutlges 
of the aupreine ooiirt to five, in wliicli event n majority of snitl 
ciMirt, as thus increaHed, shall oonntitute a quorum. 

Seo 01). No duties shall be imposed by law iii)on the supremo 
court or any of the judges thereof, except snt-h as are jiidioinl, iK>r 
shall any of the judges thereof exercise auy power of aitpointmont 
except as liureiu provided. 

Sec. 97. The style of all prwesa shall l>e "The State of North 
Dakota." All prosecutions shall l>e carried (m in the name and 
by the authority of the Stale of North Dakota, and conchide 
"against the peace and dignity of the State of North Dakota." 

Sec. !)y. Auy vacancy happening by death, resignation or 
otherwise in the office of jndge of the supreinti court shall be filled 
by appointment, by the Governor, which appointment shall con- 
tinue until the first general election thereafU'r, when said vacancy 
shall be filled by election. 

Skc, 99. The judges of the supreme and district courts shall 
receive such compensation for their services as may l>e prcscribeil 
by law, which compenaation shall not be increasc(l or diiniuislietl 
during the term for which a judge shall have been elected. 

Sec. 100. In case a judge of the supreme court shall be in any 
way interestwl in a cause brought l>efore said court, the renntining 
judges of said court shall call one of the district judges to sit witli 
them on the hearing of said cause. 

Sec. 101. When a judgment or decree is reversed or confirmed 
bv the supreme court every [»oiut fairly arising »ii»on the reconi 
of the case shall be considered and decided, and the reastnis there- 
for shall 1» concisely Btate<l in writing, signed by the judges con- 
curring, file<l in the office of the clerk of the supreme court and 
preserved with a record of the case. Any judge dissenting there- 
fnnn may give the reasons of his dissent in writing over his sig- 
nature. 

Sec. 102. It shall be the duty of the court to prepare a sylla- 
bus of the poiuffi adjudicated in each case, whicli shall be con- 
curred in by a majority of the judges thereof, and it shall bo 
prefixed to the published rejmrts of the casa 

DISTRICT COURTS. 

Skc. 103. Tln^ district court shall have original jurisdiction, 
except as otherwise provided in this ('onstitntion, of all causes 
Ijoth at law and equity, and such appellate jurisdiction as may be 
conferre<l by law. They and the judges thereof shall also have 
jurisdiction and power to issue writs of halirtin rorjrun, iiim irar- 
Vfmlo, certiorari, injunction and other original and remedial writs, 
witk authority to hear and determine the same. 



368 Journal op thb Convention, 



Sec. 104. The State shall be divided into Six Judicial 
Districts, in each of which there shall be elected at general elec- 
tions, by the electors thereof, one judge of the district court 
therein, whose term of office shall be four years from the first 
Monday in January succeeding his election and until his successor 
is duly Qualified. This section shall not be construed as ^ovenji- 
ing the nrst election of district judges under this Constitution. 

Sec. 105. Until otherwise provided by law said districts shall 
be constituted as follows: 

District No. One shall consist of the counties of Pembina, Cava- 
lier, Walsh, Nelson and Grand Forks. 

District No. Two shall consist of the counties of Bamsey, Towner, 
Benson, Pierce, Bolette, Bottineau, McHenry, Church, Erenville, 
Ward, Stevens, Mountraille, Garfield, Flannery and Buford. 

District No. Tliree shall consist of the counties of Cass, Steele 
and Traill. 

District No. Four shall consist of the counties of Richland, 
Ransom, Sargent, Dickev and Mcintosh. 

District No. Five shall consist of the counties of Logan, La- 
Moure, Stutsman, Barnes, Wells, Foster, Eddy and Gri^^ 

District No. Six shall consist of the counties of Jourleigh, 
Emmons, Kidder, Sheridan, McLean, Morton, Oliver, Mercer, 
Williams, Stark, Hettinger, Bowman, Billings, McEenzie, Dunn, 
Wallace and Allred, and that portion of the Sioux Indian Reser- 
votion lying north of the Seventh Standard parallel. 

Sec. 106. The Legislative Assembly may whenever two-thirds 
of the members of each house shall concur therein, but not 
oftener than once in four years, increase the number of said 
judicial districts and the judges thereof; such districts shall be 
formed from compact territory and bounded by county lines, but 
such increase or change in the boundaries of the districts shall 
not work the removal of any judge from his office during the 
term for which he may have been elected or appointed. 

Sec. 107. No person shall be elegible to the office of district 
judge, unless he be learned in the law, be at least twenty-five 
years of age, and a citizen of the United States, nor unless he shall 
have resided within the State or Territory of Dakota at least two 
years next preceding his election, nor unless he shall at the time 
of his election be an elector within the Judicial District for which 
he is elected. 

Sec. 108. There shall be a Clerk of the District Court in each 
organized county in which a court is holden who shall be elected 
by the qualified electors of the* county, and shall hold his office 
for the same term as other county officers. He shall receive such 
compensation for his services as may be prescribed by law. 

Sec. 109. Writs of error and appeals may be allowed from the 
decisions of the district courts to the Supreme Court under such 
regulations as may be prescribed by law. 



Saturday, August 17, 1889. 369 



COUNTY 00UBT8. 

Sec. 110. There shall be established in each county a county 
court, which shall be a court bf record open at all times and holden 
by one judge, elected by the electors of the county, and whose 
term of office shall be two years. 

Sec. 111. The County Court shall have exclusive original 
jurisdiction in probate and testamentary matters, the appoint- 
ment of administrators and guardians, the settlement of the 
accounts of executors, administrators and guardians, the sale of 
lands by executors, administrators, and guardians, and such other 
probate jurisdiction as may be conferred by law; Provided, That 
whenever the voters of any county having a population of two 
thousani or over shall decide by a majority vote that they desire 
the jurisdiction of said court increased above that limited by this 
constitution, then said County Courts shall have concurrent juris- 
diction with the District Courts in all civil actions where the 
amount in controversy does not exceed one thousand dollars, and 
in all criminal actions below the grade of felony, and in case it is 
decided by the voters of any county to so increase the jurisdiction 
of said county court, the jurisdiction in cases of misdemeanors 
arising under State laws which may have been conferred upon 
police magistrates, shall cease. The qualifications of the judge 
of the County Court in counties where the jurisdiction of said 
court shall have been increased shall be the same as those of 
the district judge, except he shall be a resident of the county at 
the time of his election, and said county judge shall receive such 
salary for his services as may be provided by law. In case the 
voters of any county decide to increase the jurisdiction of said 
county courts, then such jurisdiction as thus increased shall remain 
until otherwise provided by law. 

JUSTICES OF THE PEACE. 

Sec. 112. The Legislative Assembly shall provide by law for 
the election of justices of the peace in each organized county 
within the state. But the number of said justices to be elected 
in each organized county shall be limited by law to such a number 
as shall be necessary for the proper administration of justice. 
The justices of the peace herein provided for shall have concur- 
rent jurisdiction with the district court in all civil actions when 
the amount in controversy, exclusive of costs, does not exceed two 
hundred dollars, and in counties where no county court with 
criminal jurisdiction exists they shall have such jurisdiction to 
hear and determine cases of misdemeanor as may be provided by 
law, but in no case shall said justices of the peace have jurisdic- 
tion when the boundaries of or title to real estate shall come in 
question. The Legislative Assembly shall have power to abolish 
tlie office of justice of the peace and confer that jurisdiction upon 
judges of county courts, or elsewhere. 



370 Journal op the Convention, 



POLICE MAQISTBATEB. 

Sec. 113. The Legislative Assembly shall provide by law for 
the election of police magistrates in cities, incorporated towns, 
and villages, who in addition to their jurisdiction of all cases 
arising under the ordinances of said cities, towns and villages, 
shall be ex-officio justices of the peace of the county in which 
said cities, towns and villages may be located. And the Legisla- 
tive Assembly may confer upon said police magistrates the juris- 
diction to hear, try and determine all cases of misdemeanors, and 
the prosecutions therein shall be by information. 

Sec. 114 Appeals shall lie from the county court, final decis- 
ions of justices of the peace, and police magistrates in such cases 
and pursuant to such regulations as may be prescribed by law. 

MISCELLANEOUS. 

Sec 115. The time of holding courts in the several counties of 
a district shall be as prescribed by law, but at least two terms of the 
district court shall be held annually in each organized county, and 
the Legislative Asssembly shall make provision for attaching un- 
organized counties or territories to organized counties for judicial 
purposes. 

Sec 116. Judges of the district courts may holi court in other 
districts than their own under such regulations as shall be pre- 
scribed by law. 

Sec 117. No judge of the supreme or district court shall act 
as attorney or counsellor at law. 

Sec 118. Until the Legislative Assembly shall provide by law 
for fixing the terms of courts the judges of the supreme and 
district courts shall fix the terms thereoE 

Sec 119. No judge of the supreme or district court shall be 
elected or appointed to any other than judicial offices or be 
eligible thereto during the term for which he was elected or ap- 
pointed such judge. All votes or appointments for either of them 
for any elective or appointive office except that of judge of 
the supreme court or district court, given by the Legislative As- 
sembly or the people, shall be void^ 

Sec 120. Tribunals of conciliation may be established with 
such powers and duties as shall be prescribed by law, or the 
powers and duties of such may be conferred upon other courts of 
justice; but such tribunals or other courts when sitting as such, 
shall have no power to render judgment to be obligatory on the 
parties, unless they voluntarily submit their matters of difiPerenee 
and agree to abide the judgment of such tribunals or courts. 



Saturday, August 17, 1889. 371 

• 

ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. 121. Every male person of the age of twenty-one years 
or upwards belonging to either of the following classes, who shall 
have resided in the state one year, in the county six months and 
in the precinct ninety days next preceding any election, shall be 
deemed a qualified elector at such election: 

First: Citizens of the United States. 

Second: Persons of foreign birth who shall have declared their 
intention to become citizens, one year and not more than six years, 
prior to such election, conformably to the naturalization laws of 
the United States. 

Third: Civilized persons of Indian descent who shall have 
severed their tribal relations two years next preceding such elec- 
tion. 

Sec. 122. The Legislative Assembly shall be empowered to 
make further extensions of suffrage hereafter, at its discretion to 
all citizens of mature age and sound mind, not convicted of crime, 
without regard to sex; but no law extending or restricting the 
right of suffrage shall be enforced until adopted by a majority of 
the electors of the state voting at a general election. 

Sec 123. Electors shall in all cases except treason, felony, 
breach of the peace or illegal voting, be privileged from arrest on 
the days of election during their attendance at, goin^ to and re- 
turning from such election, and no elector shall be obliged to per- 
form military duty on the day of election, except in time of war 
or public danger. 

Sec. 124. The general elections of the state shall be biennial, 
and shall be held on the first Tuesday after the first Monday 
in November; Provicledf That the first general election under 
this Constitution shall be held on the first Tuesday after the first 
Monday in November, A. D. 1890. 

Sec. 125. No elector shall be deemed to have lost his residence 
in this state by reason of his absence on business of the United 
States or of this state, or in the military or naval service of the 
United States. 

Sec. 126. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in con- 
sequence of his being stationed therein. 

Sec. 127. No person who is under guardianship, ncni compos 
mentis or insane, shall be qualified to vote at any election, nor 
sliall any person convicted of treason or felony, unless restored 
to civil rights. 

Sec 128. Any woman having the qualifications enumerated in 
section 121 of this article as to age, residence and citizenship, and 



372 Journal op the Convention, 



including those now qualified by the laws of the territory, may 
vote for all school officers, and upon all questions pertaining 
solely to school matters, and be eligible to any school office. 

Sec. 129. All elections by the people shall be by secret ballot, 
subject to such regulations as shall be provided by law. 

ARTICLE VL 
f 

MUNICIPAL COBPOBATIONS. 

Sec. 130. The Legislative Assembly shall provide by 
general law for the organization of municipal corporations, re- 
stricting their powers as to levying taxes and assessments, bor- 
rowing money and contracting debts, and money raised by taxa- 
tion, loan or assessment for any purpose shall not be diverted to 
any other purpose except by authority of law. 

ARTICLE VIL 

COBPOBATIONS OTHEB THAN MUNICIPAL. 

Sec 131. No charter of incorporation shall be granted, changed 
or amended by special law, except in the case of such municipal, 
charitable, educational, penal or reformatory corporations as may 
be under the control of the state; but the Legislative Assembly 
shall provide by general laws for the organization of all corpora- 
tions hereafter to be created, and any such law, so passed, shall be 
subject to future repeal or alteration. 

Sec 132. All existing charters or grants of special or exclu- 
sive privileges, under which a bona fide organization shall not 
have taken place and business been commenced in good faith at 
the time this Constitution takes effect, shall thereiSter have no 
validity. 

Sec. 133. The Legislative Assembly shall not remit the for- 
feiture of the charter to any corporation now existing, nor alter or 
amend the same, nor pass any other general of special law for the 
benefit of such corporation, except upon the condition that such 
corporation shall thereafter hold its charter subject to the provis- 
ions of this constitution. 

Sec 134. The exercise of the right of eminent domain shall 
never be abridged, or so construed as to prevent the Legislative 
Assembly from taking the property and franchises of incorporated 
companies and subjecting them to public use, the same as the 
property of individuals; and the exercise of the police power of 
this State shall never be abridged, or so construed as to permit 
corporations to conduct their business in such a manner as to in- 
fringe the equal rights of individuals or the general well-being of 
the State. 

Sec 135. In all elections for directors or managers of a cor- 



Satubday, August 17, 1889. 373 



poration, each member or share-holder may cast the whole number 
of his votes for one candidate, or distribute them upon two or more 
candidates, as he may prefer. 

Sec. 136. No foreign coporation shall do business in this state 
without having one or more places of business and an authorized 
agent or agents in the same, upon whom process may be served. 

Sec. 137. No corporation shall engage in any business other 
than that expressly authorized in its charter. 

Sec. 138. No corporation shall issue stock or bonds except for 
money, labor done, or money or property actually received; and 
all ficticious increase of stock or indebtedness shall be void. 
The stock and indebtedness of corporations shall not be increased 
except in pursuance of general law, nor without the consent of the 
persons holding the larger amount in value of the stock first ob- 
tained at a meeting to be held after sixty days' notice given in pur- 
suance of law. 

Sec. 139. No law shall be passed by the Legislative Assembly 
granting the right to construct and operate a street railroad, tele- 
graph, telephone or electric light plant within any city, town or 
incorporated village, without requiring the consent of the local 
authorities having the control of the street or highway proposed 
to be occupied for such purposes. 

Sec. 140. Every railroad corporation organized and doing busi- 
ness in this state, under the laws or authority thereof, shall have 
and maintain a public office or place in the state *for the transac- 
tion of its business, where transfers of its stock shall be made and 
in which shall be kept for public inspection, books in which shall 
be recorded the amount of capital stock subscribed, and by whom, 
the names of the owners of its stock and the amount owned by 
them respectively; the amount of stock paid in and by whom, and 
the transfers of said stock; the amounts of its assets and liabili- 
ties and the names and place of residence of its officers. The di- 
rectors of every railroad corporation shall annually make a report, 
under oath, to the auditor of public accounts, or some officer or 
officers to be designated by law, of all their acts and doings, which 
report shall include such matters relating to railroads as may be 
prescribed by law, and the Legislative Assembly shall pass laws 
enforcing by suitable penalties the provisions of this section. Pro- 
viding the provisions of this section shall not be so construed as to 
apply to foreign corporations. 

Sec. 141. No railroad corporation shall consolidate its stock, 
property or franchises with any other railroad corporation owning 
a parallel or competing line; and in no case shall any consolida- 
tion take place except upon public notice given at least sixty days 
to all stockholders, in such manner as may be provided by law. 
Any attempt to evade the provisions of this section, by any rail- 
road corporation, by lease or otherwise, shall work a forfeiture of 
its charter. 

48 



374 Journal of the Convention, 



Sec. 142. Railways heretofore constructed or that may here- 
after be constructed in this state are hereby declared public high- 
ways, and all railroad, sleeping car, telegraph, telephone and trans- 
portation companies of passengers, intelligence and freight, are 
declared to be common carriers and subject to legislative control ; 
and the Legislative Assembly shall have power to enact laws regu- 
lating and controlling the rates of charges for the transportation 
of passengers, intelligence and freight, as such common carriers 
from one point to another in this State; Provided^ Tha.t appeal 
may be had to courts of this State from the rate so fixed; but the 
rates fixed by the Legislative Assembly or Board of Railroad 
Commissioners shall remain in full force pending the decision of 
the courts. 

Sec. 143. Any association or corporation organized for the pur- 
pose shall have the right to construct and operate a railroad be- 
tween any points within this state, and to connect at the state line 
with the railroads of other states. Every railroad company shall 
have the right with its road to intersect, connect with or cross any 
other; and shall receive and transport each other's passengers, 
tonnage and cars, loaded or empty, without delay or discrimina- 
tion. 

Sec. 144. The term *' corporation," as used in this article, shall 
not be understood as embracing municipalities or jx)litical subdi- 
visions of the State unless otherwise expressly stated, but it shall be 
held and construed to include all associations and joint stock com- 
panies having any of the powers or privileges of corporations not 
possessed by individuals or partnerships. 

Sec. 145. If a general banking law be enacted, it shall provide 
for the registry and countersigning by an officer of the State, of all 
notes or bills designed for circulation, and that ample security to 
the full amount thereof shall be deposited with the State Treasurer 
for the redemption of such notes or bills. 

Seo. 14f). Any combination between individuals, corporations, 
associations, or either having for its object or efiFect the controlling 
of the price of any product of the soil or any article of manufact- 
ure or commerce, or the cost of exchange or transportation, is 
prohibited an<l hereby declared unlawful and against public 
policy; and any and all franchises heretofore granted or extended, 
or that may hereafter be granted or extended in this state, when- 
ever tlie owner or owners thereof violate this article shall be 
deemed annulled and become void. 

ARTICLE VIIL 

EDUCATION. 

Sec. 147. A high degn^e of intelligence, patriotism, integrity 
and morality on the part of every voter in a government by the 
people being necessary in order to insure the continuance of 



Saturday, August 17, 1889. 375 



thHt governuieiit and the proBperity and happiuesw of the people, 
the Lepjislative Assembly shall make provision for tiie establish- 
uieut and maintenance of a system of public schools which shall 
be i>pcni to all children of the state of North Dakota and free 
from sectarian control. This legislative re<[uirement shall be 
irrevocable without the consent of the United St^ites and the 
people of North Dakota. 

Sec. l-tS. The Legislative Assembly shall i)rovide at th(»ir first 
sespion, after tlie adoption of this Consitution, for a uniform sys- 
tem of free public schools throughout the state; beginning with 
the primary and extending through a)l grades up to and includ- 
ing the normal and collegiate course. 

Sec. 149. In all schools instruction shall be given as far as 
practicable in those branches of knowledge that tend to im{)ress 
upon the mind the vital importance of truthfulness, t<^mperance, 
purity, public spirit, and respect for honest labor of every kind. 

Sec. 150. A Superintendent of Scho<:)ls for each county shall 
be elected every two years, whose qualifications, duties, powers and 
compensation shall be fixed by law\ 

Sec. 152. The Legislative Assembly shall take such other steps 
as may be necessary to prevent illiteracy, secure a reasonable cle- 
gree of uniformity in course of study, and to promote industrial, 
scientific and agricultural improvement. 

Sec. 152. All colleges, universities and other educational insti- 
tutions, for the support of which lands have been granted to this 
state, or which are supported by a public tax, shall remain under 
the absolute and exclusive control of.the State. No money raised 
for the support of the public schools of the Stiite shall be appro- 
priated to or used for the support of any sectarian school. 

ABTICLE IX. 

SCHOOL AND PUBLIC LANDS. 

Sec. 153. All proceeds of the public lands that have hereto- 
fore been, or may hereafter be granted by the United States for 
the support of the common schools in this state; all such per 
centum as may be granted by the United States on the sale of 
public lands; the proceeds or property that shall fall to the state 
by escheat; the proceeds of all gifts and donations to the state 
for common schools, or not otherwise appropriated by the terms 
of the gift, and all other property otherwise accjuired for common 
schools, shall be and remain a perj^etual fund for the mainten- 
ance of the common schools of the state. It shall be deemed a 
trust fund, the principal of which shall forever remain inviolate 
and may be increased but never diminished. The state shall 
make good all losses thereof. 

Sec. 154. The interest and income of this fund together with 
the net proceeds of all fines for violation of state laws, and all 



376 Journal op the Convention, 



other sums which may be added thereto by law, shall be faithf i 
used and applied each year for the benefit of the common schc 
of the state, and shall be for this purpose apportioned am< 
and between all the several common school corporations of 
state in proportion to the number of children in each of scb 
age, as may be fixed by law; and no part of the fund shall ever 
diverted, even temporarily, from this purpose or used for i 
other purpose whatever than the maintenance of common schc 
for the equal benefit of all the people of the state; Providedy h 
evevy That if any portion of the interest or income aforesaid 
not expended during any year, said portion shall be added to f 
become a part of the school fund. 

SEa 165. After one year from the assembling of the first L 
islative Assembly, the lands granted to the state from the Uni 
States for the support of the common schools, may be sold u] 
the following conditions and no other: No more than one-fou 
of all such lands shall be sold within the first five years after 
same become saleable by virtue of this section. No more tl 
one-half of the remainder within ten years after the same becc 
saleable as aforesaid. The residue may be sold at any time al 
the expiration of said ten years. The Le^slative Assembly si 
provide for the sale of all school lands subject to the provisione 
this article. The coal lands of the State shall never be sold, 1 
the Legislature Assembly may, by general laws, provide for le 
ing the same. The words "coal lands" shall include lands bear 
lignite coal. 

Sec. 156. The Superintendent of Public Instruction, Go\ 
nor, Attorney-General, Secretary of State and State Auditor, si 
constitute a Board of Commissioners, which shall be denomina 
the "Board of University and School Lands," and, subject to 
provisions of this article and any law that may be passed by 
Legislative Assembly, said board shall have control of 
appraisement, sale, rental and disposal of all school and n 
versiiy lands, and shall direct the investment of the funds aris 
thererrom in the hands of the State Treasurer, under the lim: 
tions in section 160 of this article. 

Sec. 157. The county superintendent of common schools, 
chairman of the county board, and the county auditor shall e 
stitute boards of appraisal and under the authority of the St 
Board of University and School Lands shall appraise all sch 
lands within their respective counties which they may from ti 
to time recommend for sale at their actual value under the p 
scribed terms and shall first select and designate for sale the m 
valuable lands. 

Seg. 158. No land shall be sold for less than the apprait 
value and in no case for less than ten dollars per acre. 1 
purchaser shall pay one-fifth of the price in cash, and the rema 
mg four-fifths as follows: One-fifth in five years, one-fifth in i 



Saturday, August 17, 1889. 377 



years, one-fifth in fifteen years and one-fifth in twenty years, with 
interest at the rate of not less than six per centum payable 
annually in advance. All sales shall be held at the county seat 
of the county in which the land to be sold is situate and shall be 
at public auction and to the highest bidder, after sixty days adver- 
tisement of the same in a newspaper of general circulation in the 
vicinity of the lands to be sold, and one at the seat of govern- 
ment. Such lands as shall not have been specially subdivided shall 
be offered in tracts of one quarter section, and those so subdivided 
in the smallest subdivisions. All lands designated for sale and 
not sold within two years after appraisal shall be reappraised be- 
fore they are sold. No grant or patent for any such lands shall 
issue until payment is made for the same; Provided^ That the 
lands contracted to be sold by the state, shall be subject to taxa- 
tion from the date of such contract In case the taxes assessed 
against any of said lands for any year remain unpaid until the 
first Monday in October of the following year, then and thereupon 
the contract of sale for such lands shall become null and void. 

Ssa 159. All land, money or other property donated, granted 
or received from the United States or any other source for a 
University, School of Mines, Reform School, Agricultural College, 
Deaf and Dumb Asylum, Normal School or other educational or 
charitable institution or purpose, and the proceeds of all such 
lands and other property so received from any source, shall be and 
remain perpetual funds, the interest and income of which together 
with the rents of all such land as may remain unsold shall be 
inviolably appropriated and applied to the specific objects of the 
original grants or gifts. The principal of every such fund may be 
increased but shall never be diminished, and the interest and income 
only shall be used. Every such fund shall be deemed a trust fund 
held by the state, and the state shall make good all losses thereof. 

Sec. 160, All lands mentioned in the preceding section shall 
be appraised and sold in the same manner and under the same 
limitations and subject to all the conditions as to price and sale as 
provided above for the appraisal and sale of lands for the benefit 
of common schools; but a distinct and separate account shall be 
kept by the proper officers of each of said funds; Provided, That 
the limitations as to the time in which school land may be sold 
shall apply only to lands granted for the support or common 
schools. 

Sec. 161. The Legislative Assembly shall have authority to 
provide by law for the leasing of lands granted to the state for 
educational and charitable purposes; but no such law shall author- 
ize the leasing of said lands for a longer period than five years. 
Said land shall only be leased for pasturage and meadow purposes 
and at a public auction after notice as heretofore provided in case of 
sale. Provided that all of said school lands now under cultivation 
may be leased at the discretion and under the control of the Board 



378 Journal op the Convention, 



of University and School Lands, for other than pasturage and 
meadow purposes until sold. All rents shall be paid in advance. 

Sec. 162. The moneys of the permanent school fund and other 
educational funds shall be invested only in bonds of school cor- 
porations within the state, bonds of the United States, bonds of 
the state of North Dakota or in first mortgages on farm lands in the 
state, not exceeding in amount one-third of the actual value of any 
subdivision on which the same may be loaned, such value to be 
determined by the board of appraisers of school lands. 

Sec. 163. No law shall ever be passed by the Legislative Assem- 
bly granting to any person, corporation or association any privil- 
eges by reason of the occupation, cultivation or improvement of 
any public lands by said person, corporation or association subse- 
quent to the survey thereof by the general government No claim 
for the occupation, cultivation or improvement of any public lands 
shall ever be recognized, nor shall such occupation, cultivation or 
improvement of any public lands ever be used to diminish either 
directly or indirectly the purchase price of said lands. 

Sec. 164. The Legislative Assembly shall have authority to 
provide by law for the sale or disposal of all public lands that 
have been heretofore, or may hereerfter be granted by the United 
States to the state for purposes other than set forth and named in 
sections 153 and 159 of this article. And the Legislative Assembly 
in providing for the appraisement, sale, rental and disposal of the 
same shall not be subject to the provisions and limitations of this 
article. 

Sec. 165. The Legislative Assembly shall pass suitable laws for 
the safekeeping, transfer and disbursement of the state school funds ; 
and shall require all officers charged with the same or the safe keep- 
ing thereof to give ample bonds for all moneys and funds received by 
them, and if any of said officers shall convert to his own use in 
any manner or form, or shall loan with or without interest or shall 
dex)osit in his own name, or otherwise than in the name of the 
state of North Dakota or shall deposit in any banks or with any 
person or persons, or exchaujo^e for < ther funds or property any 
portion of the school funds aforesaid or purposely allow any por- 
tion of the same to remain in his own hands uninvested except in the 
manner prescribed by law, every such act shall constitute an em- 
bezzlement of so much of the aforesaid school funds as shall be 
thus taken or loaned, or deposited, or exchanged, or withheld and 
shall be a felony; and any failure to pay over, produce or account 
for, the state school funds or any part of the same entrusted to 
any such officer, as by law required or demanded, shall be held 
and be taken to be prima facie evidence of such embezzlement 

ARTICLE X. 

COUNTY AND TOWNSHIP ORGANIZATION. 

Sec. 166. The several counties in the Territory of Dakota lying 



Saturday, August 17, 1889. 379 



north of the Seventh Standard Parallel, as they now exist, are 
hereby declared to be counties of the State of North Dakota. 

Sec. 167. The Legislative Assembly shall provide by general 
law for organizing new counties, locating the county seats thereof 
temporarily, and changing county lines; but no new county shall 
be organized nor shall any organized county be so reduced as to 
include an area of less than twenty-four congressional townships, 
and containing a population of less than one thousand bona iide 
inhabitants. And in the organization of new counties and in 
changing the lines of organized counties and boundaries of con- 
gressional townships the natural boundaries shall be observed as 
nearly as may be. 

Ssa 168. All changes in the boundaries of organized counties 
before taking effect shall be submitted to the electors of the county 
or counties, to be effected thereby at a general election and be 
adopted by a majority of all the legal votes cast in each county at 
such election ; and in case any portion of an organized county is 
stricken off and added to another, the county to which such por- 
tion is added shall assume and be holden for an e<][uitable porpor- 
tion of the indebtedness of the county so reduced. 

Sec. 169. The Legislative Assembly shall provide by general 
law for changing county seats in organized counties, but it shall 
liave no power to remove the county seat of any organized county. 

Sec. 170. The Legislative Assembly shall provide by general 
law for township organization under which any county may organ- 
ize whenever a majority of the legal voters of such county, voting 
at a general election shall so determine, and whenever any county 
shall adopt township organization, so much of this Constitution 
as provides for the management of the fiscal concerns of said 
county by the board of county commissioners may be dispensed 
with by a majority vote of the people voting at any general* elec- 
tion; and the affairs of said county may be transacted by the 
chairmen of the several township boards of said county, and such 
others as may be provided by law for incorporated cities, towns or 
villages within such county. 

Sec. 171. In any county that shall have adopted a system of 
government by the chairmen of the several township boards, the 
question of continuing the same may be submitted to the electors 
of such county at a general election in such a manner as may be 
provided by law, and if a majority of all the votes cast upon such 
question shall be against said system of govevnment, then such 
system shall cease in said county, and the affairs of said county 
shall then be transacted by a board of county commissioners as is 
now provided by the laws of the Territory of Dakota. 

Sec. 172. Until the system of county government by the chair- 
men of the several township boards is adopted by any county the 
fiscal affairs of said county shall be transacted by a board of 



380 Journal of thb Convention, 



county commissioners; said board shall consist of not less than 
three and not more than five members whose terms of office shalt 
be prescribed by law. Said board shall hold sessions for the 
transaction of county business as shall be provided by law. 

Sec. 173. At the first general election held after the adoption 
of this Constitution, and every two years thereafter, there shall 
be elected in each organized county m the State, a county judge, 
clerk of court, register of deeds, county auditor, treasurer, sheriff 
and states attorney, who shall be electors of the county in which 
they are elected and who shall hold their office until their suc- 
cessors are elected and qualified. The Legislative Assembly shall 
provide by law for such other county, township and district 
officers as may be deemed necessary, and shall prescribe tlie duties 
and compensation of all county, township and district officers. 
The sheriff and treasurer of any county shall not hold their re- 
spective offices for more than four years in succession. 

ARTICLE XL 

REVENUE AND TAXATION. 

Sec. 174. The Legislative Assembly shall provide for raising 
revenue sufficient to defray the expenses of the state for each year, 
not to exceed in any one year four (4) mills on the dollar of the 
assessed valuation of all taxable property in the state, to be ascer- 
taine<l by the last assessment made for state and county purposes, 
and also a sufficient sum to pay the interest on the state debt 

Sec. 175. No tax shall be levied except in pursuance of law, and 
every law imposing a tax shall state distinctly the object of the 
same, to which only it shall be applied. 

Sec. 176. Laws shall be passed taxing by uniform rule all 
property according to its true value in money, but the property of 
the United States and the state, county and municipal corporations, 
lx)th real and personal, shall be exempt from taxation, and the 
Legislative Assembly shall by a general law exempt from taxation 
property used exclusively for school, religious, cemetery or chari- 
table purposes and personal property to any amount not exceed- 
ing in value two hundred dollars for each individual liable to 
taxation; but the Legislative Assembly may, by law, provide for 
the payment of a per centum of gross earnings of railroad com- 
panies to be paid in lieu of all State, county, township and school 
taxes on property exclusively used in and about the prosecution 
of the business of such companies as common carriers, but no 
real estate of said corporations shall be exempted from taxation 
in the same manner, and on the same basis as other real estate is 
taxed, except roadbed, right of way, shops and buildings used ex- 
clusively in their business as common carriers, and whenever and 
so long as such law providing for the payment of a per centum on 
earnings shall be m force, that part of section 179 of this article 



Saturday, August 17, 1889. 381 



relating to assessment of railroad property shall cease to be in 
force. 

Sec. 177. All improvements on land shall be assessed in ac- 
cordance with section 179, but plowing shall not be considered as 
an improvement or add to the value of land for the purpose of 
assessment. 

Sec. 178. The power of taxation shall never be surrendered or 
suspended by any grant or contract to which the State or any 
county or other municipal coiporation shall be a party. 

Sec. 179. All property, except as hereinafter in this section 
provided, shall be assessed in the county, city, township, town, 
village or district in which it is situated, in the manner prescribad 
by law. The franchise, roadway, roadbed, rails and rolling stock 
of all railroads operated in this state shall be assessed by the 
state board of equalization at their actual value and such assessed 
valuation shall be apportioned to the counties, cities, towns, town- 
ships and districts in which said roads are located, as a basis for 
taxation of such property in proportion to the number of miles 
of railway laid in such counties, cities, towns, townships and 
districts. 

Sec. 180. The Le^slative Assembly may provide for the levy, 
collection and disposition of an annual poll tax of not more than 
one dollar and fifty cents ($1.50) on every male inhabitant of this 
state over twenty-one and under fifty years of age, except paupers, 
idots, insane persons and Indians not taxed. 

Sec. 181. The Legislative Assembly shall pass all laws neces- 
sary to carry out the provisions of this article. 

ARTICLE XIL 

public debt and public w^orks. 

Sec. 182. The state may, to meet casual deficits or failure in 
the revenue, or in case of extraordinary emergencies, contract debts, 
but such debts shall never in the aggregate exceed the sum of two 
hundred thousand dollars, exclusive of what may be the debt of 
North Dakota at the time of the adoption of this Constitution. 
Every such debt shall be authorized by law for certain puri>oses to 
be definitely mentioned therein, and every such law shall provide 
for levying an annual tax suflicient to pay the interest semi-an- 
nually, and the principal w-ithin thirty years from the passage of 
such law, and shall specially appropriate the proceeds of such tax 
to the payment of said principal and interest, and such appropria- 
tion shall not be repealed nor the tax discontinued until such debt, 
both princii)al and interest, shall liave been fully paid. No debt 
in excess of the limit named shall be incurred except for the pur- 
pose of repelling invasi<m, supi)ressing insurrection, defending 
the state in time of war, or to provide for public defense in case of 

49 



382 Journal of the Convention, 



thieatened hostilities; but the issuing of new bonds to refund ex- 
isting indebtedness, shall not be construed to be any part or por- 
tion of said two hundred thousand dollars. 

Sec. 183. The debt of any county, township, town, school district 
or any other political subdi\dsion, shall never exceed five { 5 ) per- 
centum upon the assessed value of the taxable property therein; 
Provided, That any incorporated city may, by a two-thirds vot^, 
increase such indebtedness three (8) per centum on such assessed 
value beyond said five (5) per cent, limit. In estimating the 
indebtedness which a city, county, township, school district or 
any other political subdivision may incur, the entire amount of 
existing indebtedness, whether contracted prior or subsequent to 
the adoption of this constitution shall be included; Provided, 
further. That any incorporated city may become indebted in any 
amount not exceeding four (4) per centum on such assessed value 
without regard to the existing indebtedness of such city, for the 
purpose of constructing or purchasing water works for furnishing 
a supply of water to the inhabitants of such city, or for the pur- 
pose of constructing sewers, and for no other purpose whatever. 
All bonds or obligations in excess of the amount of indebtedness 
permitted by this constitution, given by any city, county, town- 
ship, town, school district, or any other political subdi\'ision, shall 
be void. 

Sec. 184. Any city, county, township, town, school district or 
any other political subdivision incurring indebtedness shall, at or 
before the time of so doing, provide for the collection of an 
annual tax sufiicient to pay the interest and also the principal 
thereof when due, and all laws or ordinances providing for the 
payment of the interest or principal of any debt shall be irrepeal- 
able until such debt be paid. 

Sec. 185. Neither the State nor any county, city, township, 
town, school district or any other political subdivision shall loan 
or give its credit or make donations to or in aid of any individual, 
association or corporation, except for necessary support of the 
poor, nor subscribe to or become the owner of the capital stock of 
any association or corporation, nor shall the State engage in any 
work of internal improvement unless authorized by a two-thirdb 
vote of the people. 

Sec. 186. No money shall be paid out of the state treasury ex- 
cept upon appropriation by law and on warrant drawn by the 
proper officer and no bills, claims, accounts or demands against the 
state, or any county or other political subdi\dsion, shall be audited, 
allowed or paid until a full itemized statement in writing shall be 
filed with the officer or officers, whose duty it may be to audit the 
same. 

Sec. 187. No bond or evidence of indebtedness of the state 
shall be valid unless the same shall have indorsed thereon a certi- 



Saturday, August 17, 1SS9. 383 



ficate, signed by the Auditor and Secretary of State showing that 
the bond or evidence of debt is issued pursuant to and is within 
the debt limit. No bond or evidence of debt of any county, or 
bond of any township or other political subdivision 
shall be valid unless the same have endorsed thereon a 
certificate signed by the county auditor, or other oflacer authorized 
by law to sign such certificate, stating that said bond, or evidence 
of debt, is issued pursuant to law and is within the debt limit. 

ARTICLE XIII. 

MILITIA. 

Sec. 188. The milita of this State shall consist of all able- 
bodied male persons residing in the state, between the ages of 
eighteen and forty-five years, except such as may be exempted by 
the laws of the United States or of this State. Persons whose 
religious tenets or conscientious scruples forbid them to bear 
arms shall not be compelled to do so in times of peace, but shall 
j)ay an equivalent for a personal service. 

Sec. 189. The milita shall be enrolled, organized, uniformed, 
armed and disciplined in such a manner as shall be provided by 
law, not incompatible with the Constitution or laws of the United 
States. 

Sec. 190. The Legislative Assembly shall provided by law for 
the establishment of volunteer organizations of the several arms 
of the service, which shall be classed as active militia; and no 
other organized body of armed men shall be permitted to perform 
military duty in this State except the army of the United States 
^thout the proclamation of the Governor of the State. 

Sec. 191. All militia officers shall be appointed or elected in 
such a manner as the Legislative Assembly shall provide. 

Sec. 192. The commissioned officers of the militia shall be 
commissioned by the Governor, and no commissioned officer shall 
be removed from office except by sentence of court martial, pursu- 
ant to law. 

Sec. 193. The militia forces shall in all cases, except treason, 
felony or breach of the peace, be privileged from arrest during 
their attendance at musters, parades and elections of officers, 
and in going to and returning from the same. 

AETICLE XIV. 

impeachment and removal from office. 

Sec. 194 The House of Eepresentatives shall have the sole 
power of impeachment The concurrence of a majority of all 
members elected shall be necessary to an impeachment. 

Sec. 195. All impeachments shall be tried by the senate. 
When sitting for that purposes the senators shall be upon oath or 






••• !•• -• • 



• • • • * ! • 

• • • • • 



384 Journal of thb Convention, 



affirmation to do justice according to the law and evidence. No 
I)erson shall be convicted without the concurrence of two-thirds 
of the members elected. When the Governor or Lieutenant Gov- 
ernor is on trial, the presiding judge of the supreme court shall 
preside. 

Sec. 196. The Governor and other state and judicial officers, ex- 
cept county judges, justices of the peace,and police magistrates, shall 
be liable to impeachment for habitual drunkenness, crimes, cor- 
rupt conduct, or malfeasance or misdemeanor in office, but judg- 
ment in such cases shall not extend further than removal from 
office and disqualification to hold any office of trust, or profit 
under the state. The person accused, whether convicted or 
acquitted, shall nevertheless be liable to indictment, trial, judg- 
ment and punishment according to law. 

Sec. 197. All officers not liable to impeachment shall be sub- 
ject to removal for misconduct, malfeasance, crime or misde- 
meanor in office, or for habitual drunkenness or gross incom- 
petency in such manner as may be provided by law. 

Sec. 198. No officer shall exercise the duties of his office after 
he shall have been impeached and before his acquittal. 

Sec. 199. On trial of impeachment against the Governor, the 
Lieutenant Governor shall not act as a member of the court 

Sec 200. No person shall be tried on impeachment before he 
shall have been servecl with a copy thereof, at least twenty days 
previous to the day set for trial. 

Sec. 201. No person shall be liable to impeachment twice for 
the same offense. 

ARTICLE XV. 

future amendments. 

Sec. 202. Any amendment or amendments to this Constitution 
may be proposed in either house of the Legislative Assembly; and 
if the same shall be agreed to by a majority of the members elected 
to each of the two hoii8es,such proposed amendment shall be entered 
on the journal of the house with the yeas and nays taken thereon, 
and referred to the Legislative Assembly to be chosen at the next 
general election, and shall be published, as provided by law, for 
three months previous to the time of making such choice, and if 
in the Legislative Assembly so next chosen as aforesaid such pro- 
posed amendment or amendments shall be agreed to by a majority 
of all the members elected to each house, then it shall be the duty 
of the Legislative Assembly to submit such proposed amendment 
or amendments to the people in such manner and at such 
time as the Legislative Assembly shall provide; and if the people 
shall approve and ratify such amendment or amendments by a 
majority of the electors qualified to vote for members of the Legis- 
lative Assembly voting thereon, such amendment or amendments 



Saturday, August 17, 1889. 385 



shall become a part of the Constitution of this state. If two or 
more amendments shall be submitted at the same time they shall 
be submitted in such manner that the electors shall vote for or 
against each of such amendments separately. 

ARTICLE XVI. 

COMPACT WITH THE UNITED STATES. 

The following article shall be irrevocable without the consent 
of the United States and the people of this State. 

Sec. 203. First. Perfect toleration of religious sentiment shall 
be secured, and no inhabitant of this state shall ever be mo- 
lested in pei'son or property on account of his or her mode of re- 
ligious worship. 

Second. The people inhabiting this state do agree and de- 
clare that they forever disclaim all right and title to the unappro- 
priated public lands lying within the boundaries thereof, 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 that said In- 
dian lands shall remain under the absolute jurisdiction and con- 
trol of the Congress of the United States; that the lands belonging 
to citizens of the United States residing without this state shall 
never be taxed at a higher rate than the lands belonging to resi- 
dents of this state; that no taxes shall be imposed by this state 
on lands or property therein, belonging to, or which may hereaf- 
ter be purchased by, the United States, or reserved for its use. 
But nothing in this article shall preclude this state from taxing as 
other lands are taxed, any lands owned or held by any Indian who 
has severed his tribal relations, 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 acts of congress containing a 
provision exempting the lands thus granted from taxation, which 
last mentioned lands shall be exempt from taxation so long, and 
to such an extent, as is, or may be provided in the act of congress 
granting the same. 

Third. In order that payment of the debts and liabilities 
contracted or incurred by and in behalf of the Territory of Da- 
kota may be justly and equitably provided for and made, and in 
Pursuance of the requirments oi an act of congress approved 
ebruary 22, 1889, entitled "An act to provide for the division of 
Dakota into two states and to enable the people of North Dakota, 
South Dakota, Montana and Washington to form constitutions 
and state governments and to be admitted into the Union on an 
equal footing with the original states, and to make donations of 
public lands to such states,'* the states of North Dakota and 



• •• 



386 Journal of the Convention, 



South Dakota, by proceedings of a joint commission, duly ap- 
pointed under said act, the sessions whereof were held at Bis- 
marck in said State of North Dakota, from July 16, 1889, to July 
31, 1889, inclusive, have agreed to the following adjustment of 
the amounts of the debts and liabilities of the Territory of Da- 
kota which shall be assumed and paid by each of the States of 
North Dakota and South Dakota, respectively, to-wit: 

This agreement shall take effect and be in force from and 
after the admission into the Union, as one of the United States of 
America, of either the State of North Dakota or the State of South 
Dakota. 

The words "State of North Dakota" wherever used in this 
agi'eement, shall be taken to mean the Territory of North Dakota 
in case the State of South Dakota shall be admitted into the 
Union prior to the admission into the Union of the State of North 
Dakota; and the words "State of South Dakota," wherever used in 
this agreement, shall be taken to mean the Territory of South 
Dakota in case the State of North Dakota shall be admitted into 
the Union prior to the admission into the Union of the State of 
South Dakota. 

The said State of North Dakota shall assume and pay all bonds 
issued by the Territory of Dakota to provide funds for the pur- 
chase, construction, repairs or maintenance of such public institu- 
tions, grounds or buildings as are located within the boundaries 
of North Dakota, and shall pay all warrants issued under and by 
virtue of that certain Act of the Legislative Assembly of the Ter- 
ritory of Dakota, approved March 8, 1889, entitled "An Act to 
provide for the refunding of outstanding warrants drawn on the 
Capitol Building Fund." 

The said State of South Dakota shall assume and pay all bonds 
issued by the Territory or Dakota to provide funds for the pur- 
chase, construction, repairs or maintenance of such public insti- 
tutions, grounds or buildings as are located within the boundaries 
of South Dakota. 

That is to say: The State of North Dakota shall assume and 
pay the following bonds and indebtedness, to-wit: 

bonds issued on account of the Hospital for Insane at James- 
town, North Dakota, the face aggregate of which is $266,000; also 
bonds issued on account of the North Dakota University at Grand 
Forks, North Dakota, the face aggregate of which is $96,700; also, 
bonds issued on account of the Penitentiary at Bismarck, 
North Dakota, the face aggregate of which is $93,600; also, re- 
funding Capitol Building warrants dated April 1, 1889, $83,507.46. 

And the State of South Dakota shall assume and pay the follow- 
ing bonds and indebtedness, to-wit: 

Bonds issued on account of the Hospital for the Insane at 
Yankton, South Dakota, the face aggregate of which is $210,000; 
also, bonds issued on account of the School for Deaf Mutes, at 









% 



«1^ 



Saturday, August 17, 1889. 387 



Sioux Falls, South Dakota, the face aggregate of which is $51,000; 
also, bonds issued on account of the University at Vermillion, 
South Dakota, the face aggregate of which is $75,000; also, bonds 
issued on account of the Penitentiary at Sioux Falls, South 
Dakota, the face aggregate of which is $94,300; also, bonds issued 
on account of the Agricultural College at Brookings, South 
Dakota, the face aggregate of which is $97,500; also, bonds issued 
on account of the Normal School at Madison, South Dakota, the 
face aggregate of which is $49,400; also, bonds issued on account 
of the School of Mines at Rapid City, South Dakota, the face 
aggregate of which is $33,000; also, bonds issued on account of 
the Reform School at Plankinton, South Dakota, the face aggre- 
gate of which is $30,000; also, bonds issued on account of the 
Normal School at Spearfish, South Dakota, the face aggregate of 
which is $25,000; also bonds issued on account of the Soldiers' 
Home at Hot Springs, South Dakota, the face aggregate of which 
is $45,000. 

The States of North Dakota and South Dakota shall pay one- 
half each of all liabilities now existing or hereafter and prior to 
the taking effect of this agreement incurred, except those hereto- 
fore or hereafter incurred on account of public institutions, 
l^rounds or buildings, except as otherwise herein specifically pro- 
Tided. 

The State of South Dakota shall pay to the State of North 
Dakota $46,500, on account of the excess of Territorial appropria- 
tions for the permanent improvement of territorial institutions 
which under this agreement will go to South Dakota, and in full 
of the undivided one-half interest of North Dakota in the terri- 
torial library, and iu full settlement of unbalanced accounts, and 
of all claims ap^ainst the territory, of whatever nature, legal or 
equitable, arising out of the alleged erroneous or unlawful taxa- 
tion of Northern Pacific Railroad lands, and the payment of said 
amount shall discharge and exempt the State of South Dakota 
from all liability for or on account of the several matters herein- 
before referred to; nor shall either state be called upon to pay or 
answer to any portion of liability hereafter arising or accruing on 
account of transactions heretofore had, which liability would be a 
liability of the Territory of Dakota had such territory remained in 
existence, and which liability shall grow out of matters connected 
with any public institutions, grounds or buildings of the territory 
situated or located within the boundaries of the other state. 

A final adjustment of accounts shall be made upon the following 
basis: North Dakota shall be charged with all sums paid on ac- 
count of the public institutions, grounds or buildings located 
within its boundaries on account of the current appropriations 
since March 9, 1889, and South Dakota shall be charged with all 
sums paid on account of public institutions, grounds or buildings 
located within its boundaries on the same account and during the 
same time. Each state shall be charged with one-half of all other 



388 Journal of thb Convention, 



expenses of the territorial government during the same time. 
All moneys paid into the treasury during the period from 
March 8, 1889, to the time of taking effect of this agreement 
by any county, municipality or person within the limits of the 
proposed state of North Dakota, shall be credited to the State of 
North Dakota; and all sums paid into said treasmy within the 
same time by any county, municipality or person within the limits 
of the proposed State of South Dakota shall be credited to the 
State of South Dakota; except that any and all taxes on gross 
earnings paid into said treasury by railroad corporations, since 
the 8th day of March, 1889, based upon earnings of years prior to 
1888, under and by virtue of the act of the Legislative Assembly 
of the Territory of Dakota, approved March 7, 1889, and entitled 
"An Act providing for the levy and collection of taxes upon prop- 
erty of railroad companies in this Territory," being Chapter 107 
of the Session Laws of 1889, (that is, the part of such sums going 
to the Territory) shall be equally divided between the States of 
North Dakota and South Dakota, and all taxes heretofore or here- 
after paid into said treasury under and by virtue of the act 
last mentioned, based on the gross earnings of the year 1888, shall 
be distributed as already provided by law, except that so much 
thereof as goes to the territorial treasury shall be divided as fol- 
lows: North Dakota shall have so much thereof as shall be or 
has been paid by railroads within the limits of the proposed State 
of North Dakota, and South Dakota so much thereof as shall be 
or has been paid by lailroads within the limits of the proposed 
State of South Dakota; each state shall be credited also with all 
balances of appropriations made by the Seventeenth Legislative 
Assembly of the Territory of Dakota for the account of the 
public institutions, grounds or buildings situated within its limits, 
remaining unexpended on March 8, 1889. If there shall be any 
indebtedness except the indebtedness represented by the bonds 
and refunding warrants hereinbefore mentioned, each state shall 
at the time of such final adjustment of accounts, assume its share 
of said indebtedness as determined by the amount paid on account 
of the public institutions, grounds or buildings of such state in 
excess of the receipts from counties, municipalities, railroad cor- 
porations or persons within the limits of said state, as provided in 
this article; and if there should be a surplus at the time of such 
final adjustment, each state shall be entitled to the amounts 
received from counties, municipalities, railroad corporations or 
persons within its limits over and above the amount charged it. 

And the State of North Dakota hereby obligates itself to 
pay such part of the debts and liabilities of the Territory 
of Dakota as is declared by the foregoing agreement to be its 
proportion thereof, the same as if such proportion had been 
originally created by said State of North Dakota as its own debt 
or liability. 

Sec. 204. Jurisdiction is ceded to the United States over the 



Saturday, August 17, 1889. 389 



xnilitary reservations of Fort Abraham Lincoln, Fort Bnford, Fort 
Pembina and Fort Totten, 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 in which 
exclusive jurisdiction is not vested in the United States, or of 
crimes not committed within the limits of such reservations. 

Sec. 205. The State of North Dakota hereby accepts the 
several grants of land granted by the United StAtes to the State of 
North Dakota by an act of congress entitled "An act to provide 
for the division of Dakota into two states, and to enable the 
people of North Dakota, South Dakota, Montana and Washington 
to form Constitutions and state governments, and to be admitted 
into the Union on equal footing with the original states, and to 
make donations of public lands to such states," under the con- 
ditions and limitations therein mentioned; reserving the right 
however to apply to congress for m odifications of said conditions 
and limitations m case of necessity. 

ARTICLE XVn. 

MISCELLANEOUS. 

Sec. 206. The name of this state shall be "North Dakota." 
The State of North Dakota shall consist of all the territory included 
^within the following boundaries, to-wit: 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 
south up the main channel of the same and along the boundary 
line of the State of Minnesota to a point where the Seventh 
Standard parallel intersects the same; thence west along said 
Seventh Standard parellel produced due west to a point where 
it intersects the twenty-seventh meridian of longitude west from 
Washington; thence north on said meridian to a point where it 
intersects the forty-ninth degree of north latitude; thence east 
along said line to place of beginning. 

Sec. 207. The following described seal is hereby declared to 
be and hereby constituted the Great Seal of the State of North 
Dakota, to-wit: A tree in the open field, the trunk of which is 
surrounded by three bundles of wheat; on the right a plow, anvil 
and sledge; on the left a bow crossed with three arrows, and an 
Indian on horseback pursuing a buffalo towards the setting sun; 
the foliage of the tree arched by a half circle of forty two 
stars, surrounded by the motto "Liberty and Union now and for- 
ever, one and inseparable;'' the words "Great Seal" at the top; the 
words "State of North Dakota" at the bottom ; "October 1st" on 
on the left and "1889" on the right The seal to be two and one- 
half inches in diameter. 

Sec. 208. The right of the debtor to enjoy the comforts atid 
necessaries of life shall be recognized by wholesome laws, exempt- 



ed . 



390 Journal of the Convention, 



ing from forced sale to all heads of families a homestead the value 
of which shall be limited and defined by law, and a reasonable 
amount of personal property; the kind and value shall be fixed by 
law. This section shall not be construed to prevent liens against 
the homestead for labor done and materials furnished in the im- 
provement thereof, in such manner as may be prescribed by law. 

Sec. 209. The, labor of children under twelve years of age, 
shall be prohibited in mines, factories and workshops in this 
state. 

Sec. 210. All flowing streams and natural water courses shall 
forever remain the property of the State for mining, irrigating 
and manufacturing purposes. 

Sec. 211. Members of the Legislative Assembly and judicial 
department except such inferior officers as may be by law exeropted 
shall, before they enter on the duties of their respective ofiSces, 
take and subscribe the following oath or affirmation: "I do sol- 
emnly swear (or affirm as the case may be) that I will support the 
Constitution of the United States and the Constitution of the 
State of North Dakota; and that I will faithfully discharge the 

duties of the office of according to the best of my 

ability, so help me God," (if an oath), (under pains and penalties 
of perjury), if an affirmation, and no other oath, declaration, or 
test shall be required as a qualification for any office or public 
trust. 

Sec. 212. The exchange of "black lists" between corporations 
shall be prohibited. , 

Sec. 213. The real and personal property of any woman in 
this State, acquired before marriage, and all property to which 
she may after marriage become in auy manner rightfully entitled, 
shall be her separate property and shall not be liable for the 
debts of her husband. 

ARTICLE XVIIL 

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. 

Sec. 214 Until otherwise provided by law, the member of the 
House of Representatives of the United States apportioned to this 
State, shall be elected at large. 

Until otherwise provided by law, the Senatorial and Represent- 
ative Districts shall be formed, and the senators and the repre- 
sentatives shall be apportioned as follows: 

The First District shall consist of the townships of Walhalla, 
St. Joseph, Neche, Pembina, Bathgate, Carlisle, «Joliet, Midland, 
Lincoln and Drayton, in the county of Pembina, and be entitled 
to one senator and two representatives. 

The Second District shall consist of the townships of St. 
Thomas, Hamilton, Cavalier, Akra, Beauleau, Thingvalla, Gardar, 



^- • -T^^Vtrt 



Saturday, August 17, 1889. 389 



military reservations of Fort Abraham Lincoln, Fort Buford, Fort 
Pembina and Fort Totten, 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 in which 
exclusive jurisdiction is not vested in the United States, or of 
crimes not committed within the limits of such reservations. 

Sec. 205. The State of North Dakota hereby accepts the 
several grants of land granted by the United StAtes to the State of 
North Dakota by an act of congress entitled "An act to provide 
for the di\'i8ion of Dakota into two states, and to enable the 
j)eople of North Dakota, South Dakota, Montana and Washington 
to form Constitutions and state governments, and to be admitted 
into the Union on equal footing with the original states, and to 
make donations of public lands to such states," under the con- 
ditions and limitations therein mentioned; reserving the right 
however to apply to congress for m odifications of said conditions 
and limitations in case of necessity. 

ARTICLE XVIL 

MISCELLANEOUS. 

Seo. 206. The name of this state shall be "North Dakota." 
The State of North Dakota shall consist of all the territory included 
within the following boundaries, to-wit: 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 
south up the main channel of the same and along the boundary 
line of the State of Minnesota to a point where the Seventh 
Standard parallel intersects the same; thence west along said 
Seventh Standard parellel produced due west to a point where 
it intersects the twenty-seventh meridian of longitude west from 
Washington; thence north on said meridian to a point where it 
intersects the forty-ninth degree of north latitude; thence east 
along said line to place of beginning. 

Sec. 207. The following described seal is hereby declared to 
be and hereby constituted the Great Seal of the State of North 
Dakota, to-wit: A tree in the open field, the trunk of which is 
surrounded by three bundles of wheat; on the right a plow, anvil 
and sledge; on the left a bow crossed with three arrows, and an 
Indian on horseback pursuing a buffalo towards the setting sun; 
the foliage of the tree arched by a half circle of forty two 
stars, surrounded by the motto "Liberty and Union now and for- 
ever, one and inseparable;" the words "Great Seal" at the top; the 
words "State of North Dakota" at the bottom; "October 1st" on 
on the left and "1889" on the right The seal to be two and one- 
half inches in diameter. 

Sec. 208. The right of the debtor to enjoy the comforts and 
necessaries of life shall be recognized by wholesome laws, exempt- 



892 Journal of the Convention, 

Lake, Cornell, Tower, Hill, Clifton and Pontiac, in the County of 
Cass, and be entitled to one senator and three representatives. 

The Twelfth District shall consist of the county of Bichland 
and be entitled to one senator and three representatives. 

The Thirteenth District shall consist of the county of Sargent 
and be entitled to one senator and two representatives. 

The Fourteenth District shall consist of the county of Kansom 
and be entitled to one senator and two representatives. 

The Fifteenth District shall consist of the county of Barnes 
€aid be entitled to one senator and two representatives. 

The Sixteenth District shall consist of the counties of Steele 
and Griggs and be entitled to one senator and two representatives. 

The Seventeenth District shall consist of the county of Nelson 
and be entitled to one senator and one representative. 

The Eighteenth District shall consist of the county of Cavalier 
and be entitled to one senator and two representatives. 

The Nineteenth District shall consist of the counties of Towner 
and Rolette and be entitled to one senator and one representative. 

The Twentieth District shall consist of the counties of Benson 
and Pierce and be entitled to one senator and two representatives. 

The Twenty-first District shall consist of the county of Bamsey 
and be entitled to one senator and two representatives. 

The Twenty-second District shall consist of the counties of 
Eddy, Foster and Wells and be entitled one senator and two rep- 
resentatives. 

The Twenty-third District shall consist of the county of Stuts- 
man, and be entitled to one senator and two representatives. 

The Twenty-fourth District shall consist of the county of La- 
Moure, and be entitled to one senator and one representative. 

The Twenty-fifth District shall consist of the county of Dickey, 
and be entitled to one senator and two representatives. 

The Twenty-sixth District shall consist of the counties of Em- 
mons, Mcintosh, Logan and Kidder, and be entitled to one senator 
and two representatives. 

The Twenty-seventh District shall consist of the county of Bur- 
leigh, and be entitled to one senator and two representatives. 

The Twenty-eighth District shall consist of the counties of Bot- 
tineau and McHenry and be entitled to one senator and one rep- 
resentative. 

The Twenty-ninth District shall consist of the counties of Ward, 
McLean, and all the unorganized counties laying north of the Mis- 
souri river, and be entitled to one senator and one representative. 

The Thirtieth District shall consist of the counties of Morton 
and Oliver, and be entitled to one senator and two representatives. 



Satdedat, Adgdst 17, 



The Thirty-firet District shall consist ot the eoonties of Mercer, 
Stark and BillingB and all the unorganized counties lying south 
of the Missouri river, and be entitled to one senator and one rep- 
resentative. 

ARTICLE XIX. 

PDBLIC IN8TITCTIOS8. 

Sec. 215. The following public institutions of the Stat* are 
permanently located at the places hereinafter named, each to have 
the lands specifically granted to it by the United States, in the 
Act of Congress, approved February 22, 1889, to be disposed of 
and used in such manner as the Legislative Assembly may pre- 
scribe, subject to the limitations provided in the article on school 
and public lands contaiued in this Constitution. 

First. The seat of government at the city of Bismarck in the 
county of Burleigh. 

Second. The State University and the School of Mines at the 
city of Grand Forks, in the county of Grand Forks. 

Third, The Agricultural College at the city of Fargo in the 
county of Csss. 

Fourth. A State Normal School at the city of Valley City, in 
the county of Barnes; and the Legislative Assembly in appor- 
tioning the grant of eighty thousand acres of land for Normal 
Bchools made in the Act of Congress referred to shall grant to the 
said Normal School at Valley City as aforementioned, fifty thous- 
and (50,000) acres, and said lands are hereby appropriated to 
.■^aid institution for that purpose. 

Fifth. The Deaf and Dumb Asylum at the city of Devils Lake 
in the county of Ramsey. 

Sixth. A State Reform School at the city of Mandan in the 
county of Morton. 

Seventh. A State Normal School at the city of Mayville, in 
the county of Traill. And the Legislative Assembly in apiHirtioii- 
ing the grant of lauds made by Congress, in the act aforesaid for 
State Normal Schools, shall assign thirty thousand acres to the in- 
stitution hereby loeatfd at Mayville, and said lands are hereby 
appropriated for said purpose. 

Eighth. A State Hospital for the Insane and nn Institution for 
the Feeble- Minded, in connection therewith, at the city ot James- 
town in the county of Stutsman. And the Legislative Assembly 
shall fti>propriate twenty thousand acres of the grant of lands mad'j 
by the act of Congress aforesaid for "Other Educational and Char- 
itable Institutions" to the benefit and for tlie endowment of said 
institution. 

Sec. 216. The following named public institutions are hereby 
permanently located as hereinafter prorided, each to have so much 



394 Journal op the Convention, 



of the remaining grant of one hundred and seventy thousand acres 
of land made by the United States for "Other Educational and 
Charitable Institutions," as is allotted below, viz: 

First. A Soldiers' Home, when located, or such other charitable 
institution as the Legislative Assembly may determine, at Lisbon, 
in the county of Eansom, with a grant of forty thousand acres of 
land. 

Second. A Blind Asylum, or such other institution as the Leg- 
islative Assembly may determine, at such place in the county of 
Pembina as the qualified electors of said county may determine at 
an election to be held as prescribed by the Legislative Assembly, 
with a grant of thirty thousand acres. 

Third. An Industrial School and School for Manual Training, 
or such other educational or charitable institution as the Legis- 
lative Assembly may provide, at the town of Ellendale in the 
county of Dickey, with a grant of forty thousand acres. 

Fourth. A School of Forestry or such other institution as the 
Legislative Assembly may determine, at such place in one of the 
counties of McHenry, Ward, Bottineau, ojr Bollette, as the electors 
of said counties may determine hy an election for that purpose, 
to be held as pro^dded by the Legislative Assembly. 

Fifth. A scientific school, or such "other educational or chari- 
table institution" as the Legislative Assemblj^ may prescribe, at 
the city of Wahpeton, county of Bichland, with a grant of forty 
thousand acres; Provided, Thak no other institution of a charac- 
ter similar to any one of those located by this article shall be 
established or maintained without a revision of this Constitution. 

AETICLE XX. 

PROHIBITION. 

To be submitted to a separate vote of the people as provided by 
the schedule and ordinance. 

Sec. 217. No person, association or corporation shall within 
this State, manufacture for sale or gift, any intoxicating liquors 
and no person, association or corporation shall import any of the 
same for sale or gift, or keep or sell or oflPer the same for sale, or 
gift, barter or trade as a beverage. The Legislative Assembly 
shall by law prescribe regulations for the enforcement of the 
provisions of this article and shall thereby provide suitable pen- 
alties for the violation thereof. 

SCHEDULE. 

Section 1. That no inconvenienoe may arise from a change of territorial 
government to state government, it is declared that all writs, actions, prosecu- 
tions, claims and rights of individuals and bodies corporate shall continue as 
if no change of government had taken place, and all processes which may, be- 
fore the organization of the judicial department under this Constitution, be 



r 



Saturday, August 17, 18S9. 395 



issued under the author! fcy of the Territory of Dakota shall be as valid as if is- 
sued in the name of the State. 

Sec. 2. All laws now in force in the Territory of Dakota, which are not re- 
pugnant to this Constitution, shall remain in force until they expire by their 
own limitations or be altered or repealed. 

Sec. 3. All fines, penalties, forfeitures and escheats aocurin^ to the Terri- 
tory of Dakota shall accrue to ihe use of the states of North Dakota and South 
Dakota and may be sued for and recovered by either of said states as necessity 
may require. 

Sec. 4. All recognizances, bonds, obligations or other undertakings here- 
tofore taken, or which may be taken before the organization of the judicial de- 
partment under this Constitution, shall remain valid, and shall pass over to, 
and may be prosecuted in the name of the state; all bonds, obligations or other 
undertakings executed to this territory, or to any officer in his official capacity, 
shall pass over to the proper state authority, ana to their successors in office, 
for the uses therein respectively expressed, and may be sued for and recovered 
accordingly; all criminal prosecutions and penal actions which have arisen, or 
may arise before the organization of the judicial department, under this Con- 
stitution, ir which shall then be pending, may be prosecuted to judgment and 
execution in the name of the state. 

Sbo. 5. All property, real and personal, and credits, claims and choaes in 
action belonging to the Territory of Dakota at the time of the adoption of this 
Constitution, shall be vested in and become the property of the States of .North 
Dakota and South Dakota. 

Ssa 6. Whenever any two of the judges of the Supreme court of the 
State, elected under the provisions of this Constitution shcul have qualified in 
their offices, the causes then pending in the Supreme court of the Territory on 
appeal or writ of error from the district courts of any county or subdivision 
ipnthin ttie limits of this State, and the papers, records and proceedings of said 
oourt shall pass into the jurisdiction and possession of the Supreme court of 
the State, except as otherwise provided in the enabling act of Congress, and 
untU BO superseded the Supreme court of the Territory and the judges thereof 
shall continue, with like powers and jurisdiction, as if this Constitution had 
xiot been adopted. Whenever the judge of the district court of any district 
elected under the provisions of this Constitution shall have qualified in his 
office, the several causes then pending in the district court of the Territory 
^thin an^ county in such district, and the records, papers and proceedings of 
eaid district court, and the seal and other property pertaining thereto, shall 
pass into the jurisdiction and possession of the district court of the State for 
euch county, except as provided in the enabling act of Congress, and until the 
chstrict courts of this Territory shall be superseded in the manner aforesaid, 
the said district courts and the judges thereof shall continue with the same 
jurisdictivon and power to be exercised in the same judicial districts respect- 
ively as heretofore constituted under the laws of the Territory. 

Sec. 7. Until otherwise provided by law, the seals now in use in the 
supreme and district courts of this Territory are hereby declared to be the 
seals of the supreme and district courts respectively of the State. 

Sec. 8. Whenever this Constitution shall go into effect, the books, 
records and papers, and proceedings of the probate court in each county, and 
all causes and matters of administration and other matters pending therein, 
shall pass into the jurisdiction and possession of the county court of the same 
county, and the said county court shall proceed to final decree or judg- 
ment, order or other determination in the said several matters nnd causes as 
the said probate court might have done if this Constitution had not been 
adopted. And until the election and qualification of the judges of the county 
courts provided for in this Constitution, the probate judges shall act as the 
judges of the county courts within their respective counties, and the seal of 
the probate court in each county shall be the seal of the county court therein, 
until the said court shall have procured a proper seal. 



396 Journal of the Convention, 



Sec. 9. The terms "probate court" or "probate jud^fe" whenever oocnring 
in the statutes of the territory shall, after this Constitution goes into effect, be 
held to apply to the county court or county judge. 

Sec. 10. All territorial, county and precinct officers, who may be in office 
at the time this Constitution takes effect, whether holding their offices under 
the authority of the United States or of the Territory, shall hold and exercise 
their respective offices, and perform the duties thereof as prescribed in this 
Constitution, until their successors shall be elected and qualified in accor- 
dance with the provisions of this Constitution, and official bonds of all such 
officers shall continue in full force and effect as though this Constitution had 
not been adopted; and such officers for their term of service, under this Con- 
stitution, shall receive the same salaries and compensation as is by this Con- 
stitution, or by the laws of the territory, provided for like officers; Provided^ 
That the county and precinct officers shall hold their offices for the term for 
which they were elected. There shall be elected in each organized county in 
this State, at the election to be held for the ratification of tlus Constitution, a 
clerk of the district court, who shall hold his office under said election until 
his successor is duly elected and qualified. The judges of the district court 
shall have power to appoint stat^^s attorneys in any organized county where no 
such attorneys have been elected, which appointment shall continue until the 
general election to be held in 1890, and until his successor is elected and qualified. 

Sec. 11. Tjiis Constitution shall take effect and be in full force immediately 
upon the admission of the territory as a state. 

Seg. 12. Immediately upon the adjournment of this Convention theGk>v- 
emor of the Territory, or in case of his absence or failure to act, the Secretary 
of the Territory, or in case of his absence or failure to act, the President of the 
Constitutional Convention shall issue a proclamation, which shall be published 
and a copy thereof mailed to the chairman of the board of county commission- 
ers of each county, calling an election by the people on the first Tuesday in 
October, 1889, of all the state and district officers created and made elective by 
this Constitution. This Constitution shall be submitted for adoption or rejec- 
tion at said election to a vote of the electors qualified by the laws of this terri- 
tory to vote at all elections. At the election provided for herein the qualified 
voters shall vote directly for or against this Constitution and for or against the 
article separately submitted. 

Sec. 13. The board of commissioners of the several counties shall there- 
upon order such election for said day, and shall cause notice thereof to be given 
"for the period of 20 days in the manner provided by law." Every qualified 
elector of the territory, at the date of said election, shall be entitled to vote 
thereat. Said election shall be conducted in all respects in the same manner 
as provided by the laws of the territory for general elections, and the r» turns 
for all state and district officers, and members of the Legislative Assembly, shall 
be made to tie canvassing board hereinafter provided for. 

Sec. 14. The Governor, Secretary and Chief Justice or a majority of 
them, shall constitute a board of canvassers to canvass the vote of such elec- 
tion for all state and district officers and members of the Legislative Assembly. 
The said board shall assemble at the seat of government of the Territory on 
the fifteenth day after the day of such election (or on the following day if such 
day falls on Sunday), and proceed to canvass the votes on the adoption ^f this 
Constitution and for all State and district officers and members of the Legislative 
Assembly in the manner provided by the laws of the Territory for canvassing 
the vote for Delegate to Congress, and they shall issue certificates of election 
to the persons found to be elected to said offices severally, and shall make and 
file with the Secretary of the Territorj- an abstract certified by them, of the 
numl)er of votes cast for or against the adoption of the C(mstitution, and for 
ea'h perpou for each of said offices and of the total number of votes cast in 
each county. 

Sec. 15. All officers elected at such election shall, within sixty days after 
the date of the executive proclamation admitting the State of North Dakota 



Saturday, August 17, 1889, 397 



into the Union^ take the oath reouired by this ConstitutioD, and give the same 
bond required by the law of the Territory to be given in case of hke officers 
of the Territory and districtfi, and shall thereupon enter upon the duties of 
their respective offices; but the Legislative Assembly may require by law all 
such officers to give other or further bonds as a condition of their continuance 
in office. 

Ssa 16. The judges of the district court who shall be elected at the elec- 
tion herein provided for shall hold their offices until the first Monday in Janu- 
ary, 1893, and until their successors are elected and qualified. All other state 
officers, except judges of the supreme court, who shall be elected at the election 
herein provided for, shall hold their offices until the ^rst Monday in January, 
1891, and until their successors are elected and qualified. Until otherwise pro- 
vided by law the judges of the supreme court snail receive for their services 
the salary of four thousand dollars per annum, payable quarterly ; and the 
district judges shall receive for their services the salary of three thousand dol- 
lars per annum, payable quarterly. 

Seo. 17. The Gk)vernor-elect of the state immediately upon his qualifying 
and entering upon the duties of his office shall issue his proclamation conven- 
ing the Legislative Assembly of the State at the seat of government, on a day 
to be named in said proclamation, and which shall not be less than fifteen nor 
more than forty days after the date of such proclamation. And said Legisla- 
tive Assembly after organizing shall proceed to elect two senators of the United 
States for the State of North Dakota; and at said election the two persons who 
ehall receive a majority of all the votes cast by the said senators and represen- 
tatives shall be elected such United States Senators. And the presiding officers 
of the senate and house of representatives shall each certify the election to the 
€k)vernor and Secretary of the State of North Dakota; and the Gk>vemor and 
Secretary of State shall certify the elections of such senators as provided by 
law. 

Sec. 18. At the election herein provided for there shall be elected a Rep- 
resentative to the Fifty-first Congress of the United States, by the electors of 
the state at large. 

Sec. 19. It is hereby made the duty of the Legislative Assembly at its 
£rst sesbion Ut provide for the payment of all debts and indebtedness au- 
thorized to be incurred by the Constitutional Convention of North Dakota, 
^which shall remain unpaid after the appropriation made by Congress for the 
eame shall have been exhausted. 

Sec. 20. There shall be submitted at the same election at which this Con- 
stitution is submitted for rejection or adoption. Article 20 entitled **prohibi- 
tion" and persons who desire to vote for said article shall have written or 
printed on their ballots **for prohibition," and all persons desirim? to vote 
against said article shall have written or printed on their ballots ''against pro- 
hibition." If it shall appear according to the returns herein provided for that 
« majority of all the votes cast at said election for and against prohibition are 
for prohibition, then said Article 20 shall be and form a part of this Consti- 
tution and be in full force and effect as such from the date of the admission of 
this state into the Union. But if a majority of said votes shall appear ac- 
cording to said returns to be against prohibition, then said Article 20 shall 
'be null and void, and shall not be a part of this Constitution. 

Se(\ 21. The agreement made by the Joint Commission of the Constitu- 
tional Conventions of North Dakota and South Dakota concerning the records, 
lKK)ks and archives of the Territory of Dakota, is hereby ratified and confirmed ; 
xvhich agreement is in the words following: That is to say— 

The following books, records and archives of the Territory of Dakota 
shall be the property of North Dakota, to- wit: All records, books and arch- 
ives in the offices of the Governor and Secretary of the Territory (except records 
of Articles of Incorporation of Domestic Corporations, returns of election of 
Delegates to the ConstitationalConventiouiof 1889 for South Dakota, returns of 
elections held under the so called Local Option Law, in counties within the 

50 



398 Journal of the Convention, 



limits of South Dakota, bonds of Notaries Pablio appointed for counties within 
the limits of South Dakota, papers relatin^j: to the organization of counties situate 
within the limits of South Dakota, all which records and archives are a part 
of the records and archives of said Secretary *s office: excepting also, census re- 
turns from counties situate within the limits of South Dakota and papers 
relating to requisitions issued upon the application of officers of counties 
situate within the limits of South Dakota, all which are a part of the records 
and archives of said Governor's office). And the following records, books and 
archives shall also be the property of the State of North Dakota, to- wit: 

Vouchers in the office or custody of the Auditor of this Territory relating 
to expenditures on account of public institutions, firrounds or buildings situate 
within the limits of North Dakota. One Warrant Register in the office of the 
Treasurer of this territory — being a record of warrants issued under and by 
virtue of Chapter 24 of the laws enacted by the Eighteenth Legislative Assem- 
bly of Dakota Territory All letters, receipts and vouchers in the same office 
now filed by counties and pertaining to counties within the limits of North 
Dakota. Paid and canceled coupons in the same office representing interest on 
bonds of South Dakota which said State of North Dakota is to assume and 
pay. Reports of gross earnings of the year 1888 in the same office, made by 
corporations operating lines of railroads situated wholly or mainly within the 
limits of North Dakota. Records a d papers of the office of the Public 
Examiner of the Second District of the territory. Records and papers of 
the office of the District Board of Agriculture. Records and papers m the of- 
fice of the Board of Pharmacy of the District of North Dakota. 

All records, books and archives of the Territory of Dakota which it is not 
herein agreed shall be the property of North Dakota, shall be the property of 
South Dakota. 

The following books shall be copied and the copies shall be the property 
of North Dakota and the cost of such copies shall be borne equally by said 
States of North Dakota and South Dakota. That is to say : 

Appropriation Ledger for years ending November 1889-90 — one volume. 

The Auditor's Current Warrant Register— one volume. 

Insurance Record for 1889— one volume. 

Treasurer's Cash Book— **D." 

Assessment Ledger — "B." 

Dakota Territory Bond Register— one volume. 

Treasurer's Current Ledger— one volume. 

The originals of the foregoing volumes which are to be copied shall at any 
time after such copying shall have been completed, be delivered on demand to 
the proper authorities of the State of South Dakota. 

All other records, books and archives which it is hereby agreed shall be the 
property of South Dakota, shall remain at the Capitol of North Dakota until 
demanded by the Legislature of the State of South Dakota and until the State 
of North Dakota shall have had a reasonable time after such demand is made 
to provide copies or abstracts of such portions thereof as the said State of 
North Dakota may desire to have copies or abstracts of. 

The State of South Dakota may also provide copies or abstracts of such 
records, books and archives, which it is agreed shall be the property of North 
Dakota, as said State of South Dakota shall desire to have copies or abstracts 
of. 

The expense of all copies or abstracts of records, books and archives 
which it is herein agreed may be made, shall be borne equally by said two 
states. 

Sec. 22. Should the counties containing lands which form a part of the 
grant of lands made by Congress to the Northern Pacific railroad company be 
compelled by law to refund moneys paid for such lands or any of them by 
purchasers thereof at tax sales thereof, based upon taxes illegally levied upon 
said lands, then and in that case the State of North Dakota shall appropriate 
the sum of $25,000, or so much thereof as may be necessary to reimburse said 



Saturday, August 17, 1889. 399 



counties for the amount so received from said iJlegal tax sales and paid by 
said counties into the treasury of Dakota Territory. 

Sec. 23. This Constitution shall after its enrollment be signed by the 
President of this Convention and the Ciiief Clerk thereof and such dele^srates 
as desire to mgn the same, whereupon it shall be deposited in the office of the 
Secretary of the Territory, where it may be signed at any time by any delegate 
who shall be prevented from signing the same for any reasons at the time of 
the adjournment of this Convention. 

Seo. 24. In case the territorial officers of the Territory of Dakota, or a.ny 
of them who are now required by law to report to the Governor of the Terri- 
tory, annually or biennially, shall prepare and publish such reports covering 
the transactions of their offices up to the time of the admission of the State of 
North Dakota into the Union, the Legislative Assembly shall make sufficient 
appropriations to pay one-half of the cost of such publication. 

Sec. 25. Ttie Governor and Secretary of the Territory are hereby author- 
ized to make arrangements for the meeting of the first Legislative Assembly, 
and the inauguration of the State government. 

Sec. 26. The Legislative Assembly shall provide for the editing, and for 
the publication, in an independent volume, of this Constitution, as soon as it 
shall take effect, nnd whenever it shall be altered or amended, and shall cause 
to be published in the same volume the Declaration of Independence, the 
Constitution of the United States and the Enabling Act. 

Done at Bismarck, Dakota, in open Convention, this 17th day of August, 
A. D. 1889. 

John G. Hamilton, F. B. Fancheb, 

Chief Clerk. President. 

Mr. Miller moved to adopt the Constitution as a whole as 
reported from the committee on enrolling and engrossing. 
Which motion prevailed. 

Mr. Williams moved that the roll be called and as the names 
are called the members go forward and sign the Constitution. 

Mr. Johnson moved as an amendment that the members be in- 
vited to do so, that the motion be made in the form of an invita- 
tion instead of a mandate. 

Which amendment was accepted. 

Ayes and nays were demanded on Mr. Miller's motion to adopt 
the Constitution. 

The roll being called, there were ayes, 40; nays, 23; viz.: 
Those who voted in the affirmative were: 



essrs— 


Messrs- 


Messrs- 


Bean, 


Gray, 


Parsons of Morton, 


Blewetfc, 


GrigjjTS, 


Parsons of Rolette, 


Brown, 


Harris, 


Powles, 


Budge, 


Hegge, 


Rfly. 


Camp, 


Holmes, 


Rolfe, 


Carland. 


Hoyt, 


Rowe, 


Chaffee, 


Leach, 


Sandager, 


Clapp, 


Lohnes, 


Shuman, 


Clark. 


Lowell, 


Spalding, 


Elliott, 


Meacham, 


Stevens, 


Fay, 


McKenzie, 


Wellwood, 



400 



Journal of the Convention, 



Flemington, 


MiUer, 


Williams, 


Gayton, 


Moer, 


Mr. President. 


Olick, 






Those who voted 


in the negative were: 




Messrs — 


Messrs — 


Messis— 


AppletoD, 


Johnson, 


Purcell, 


Bartlett of Gri^srgs, 


Lander, 


Pollock, 


Benoett, 


Linwell, 


Bichardson, 


Best, 


Mathews, 


Selby, 


Garothers, 


Noble, 


Slotten, 


Colton, 


Nomland, 


Turner, 


Douglas, 


O'Brien, 


Wallace. 


Haugen, 


Powers, 




Absent and not voting: 




Messrs— 


Messrs — 


Messrs- 


AUin 


Marrinan, 


Peterson, 


Almen, 


McBride, 


Robertson, 


Bartlett of Dickey, 


McHugh, 


Scott, 


BeU, 


Paulson, 


Whipple, 



And so the motion to adopt the Constitution as a whole pre- 
vailed. 

The motion of Mr. Williams as amended was adopted^ 

Mr. Moer moved to erase the names which have been signed 
to the Constitution and that the delegates sign in alphabetical 
order. 

Which motion was lost. 

Mr. Camp moved that the Chief Clerk be empowered to renum- 
ber the sections of the Constitution. 
Which motion prevailed. 

Mr. Rolfe moved that the Convention do now adjourn sine die. 
Which motion prevailed and the Convention adjourned sine die. 

John G. Hamilton, 
Chief Clerk. 



APPENDIX "A." 



Appendix '*A." 



limits of the proposed states in such districts as may be estab- 
lished as herein provided, in proportion to the population in 
each of said counties and districts, as near as may be, to be 
ascertained at the time of making said apportionments by the 
persons hereinafter authorized to make the same, from the best 
information obtainable, in each of which districts three delegates 
shall be elected, but no elector shall vote for more than two per- 
sons for delegates to such conventions; that said apportionments 
shall be made by the governor, the chief justice and the secretary 
of said territories; and the governors of said territories shall, by 
proclamation, order an election of the delegates aforesaid in each 
of said proposed states, to be held on the Tuesday after the second 
Monday in May, 1889, which proclamation shall be issued on the 
15th day of April, 1889; and such election shall be conducted, the 
returns made, the result ascertained and the certificates to per- 
sons elected to such convention issued in the same manner as is 
prescribed by the laws of the said territories regulating elections 
therein for delegates to congress; and the number of votes cast 
for delegates in each precinct shall also be returned. The number 
of delegates to said conventions respectively, shall be seventy-five; 
and all persons resident in said proposed states who are qualified 
voters of said territories as herein provided shall be entitled to 
vote upon the election of delegates, and under such rules and 
regulations as said conventions may prescribe not in conflict with 
this act, upon the ratification or rejection of the constitutions. 

Beg. 4 That the delegates to the conventions elected as pro- 
vided for in this act shall meet at the seat of government of each of 
said territories, except the delegates elected in South Dakota, who 
shall meet at the city of Sioux Falls, on the Fourth day of July, 
1889, and, after organization, shall declare on behalf of the people 
of said proposed states that they adopt the constitution of the 
United States; whereupon the said conventions shall be, and are 
hereby authorized to form constitutions and state governments 
for said proposed states, respectively. The constitution shall be 
republican in form, and make no distinction in civil or political 
rights on account of race or color, except as to Indians not taxed, 
and not to be repugnant to the constitution of the United States 
and the principles of the declaration of independence. And said 



Appendix "A." 



conventions shall provide by ordinances irrevocable without the 
consent of the United States and the people of said states: 

First. That perfect toleration of religions sentiment shall be 
secured, and that no inhabitant of said states shall ever be mo- 
lested in person or property on account of his or her mode of 
religious worship. 

Second. That the people inhabiting said proposed states do 
agree and declare that they forever disclaim all right and title to 
the unappropriated public lands lying within the boundaries 
thereof, 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 belong- 
ing to citizens of the United States residing without the said 
states shall never be taxed at a higher rate than the lands belonging 
to residents thereof; that no taxes shall be imposed by the states 
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, or in the ordinances herein provided for, shall pre- 
clude the said states from taxing as other lands' are taxed any lands 
owned or held by any Indian who has severed his tribal relations, 
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; but said ordinances shall provide that 
all such lands shall be exempt from taxation by said states so long 
and to such extent as such act of congress may prescribe. 

Third. That the debts and liabilities of said territories shall 
be assumed and paid by said states respectively. 

Fourth. That provision shall be made for the establishment 
and maintenance of systems of public shools. which shall be open 
to all children of said states, and free from sectarian control. 

Sec. 5. That the convention which shall assemble at Bismarck 
shall form a constitution and state government for a state to be 
known as North Dakota, and the convention which shall assemble 



Appendix "A." 



at Sioux Falls shall form a constitution and state government for 
a state to be known as South Dakota; provided, that at the elec- 
tion for delegates to the constitutional convention in South Da- 
kota, as hereinbefore provided, each elector may have written or 
printed on his ballot, the words, "For the Sioux Falls Constitu- 
tion," or the words, "Against the Sioux Falls Constitution," and the 
votes on this question shall be returned and canvassed in the same 
manner as for the election provided for in section three of this act; 
and if a majority of all votes cast on this question shall be "For 
the Sioux Falls Constitution" it shall be the duty of the convention 
which may assemble at Sioux Falls, as herein provided, to resub- 
mit to the people of South Dakota, for ratification or rejection at 
the election hereinafter provided for in this act, the constitution 
framed at Sioux Falls, and adopted November 3, 1885, and also 
the articles and propositions separately submitted at that elec- 
tion, including the question of locating the temporary seat of gov- 
ernment, with such changes only as relate to the name and boun- 
dary of the proposed state, to the reapportionment of the judicial 
and legislative districts, and such amendments as may be necessary 
in order to comply with the provisions of this act; and if a major- 
ity of the votes cast on the ratification or rejection of the constitu- 
tion shall be for the constitution irrespective of the articles 
separately submitted, the state of South Dakota shall be admitted 
as a state in the Union under said constitution as hereinafter 
provided, but the archives, records and books of the territory of 
Dakota shall remain at Bismarck, the capital of North Dakota, 
until an agreement in reference thereto is reached by said states. 
But if at the election for delegates to the constitutional conven- 
tion in South Dakota a majority of all the votes cast at that elec- 
tion shall be "against the Sioux Falls constitution," then, and in 
that event, it shall be the duty of the convention which will as- 
semble at the city of Sioux Falls on the fourth day of July, 1889, 
tb proceed to form a constitution and state government as pro- 
vided in this act the same as if that question had not been sub- 
mitted to a vote of the people of South Dakota. 

Sec. 6. It shall be the duty of the constitutional conventions of 
North Dakota and South Dakota to appoint a joint commission, 
to be composed of not less than three members of each conven- 



Appendix "A. 



UK » 



tion, whose duty it shall be to assemble at Bismarck, the present 
seat of government of said territory, and agree upon an equitable 
division of all property belonging to the territory of Dakota, the 
disposition of all public records and also adjust and agree upon 
the amount of the debts and liabilities of the territory, which 
shall be assumed and paid by each of the proposed states of North 
Dakota and South Dakota; and the agreement reached respecting 
the territorial debts and liabilities tfhall be incorporated in the re- 
spective constitutions, and each of said states shall obligate itself 
to pay its proportion of such debts and liabilities the same as if 
they had been created by such states respectively. 

Sec. 7. If the constitutions formed for both North Dakota and 
South Dakota shall be rejected by the people at the elections for 
the ratification or rejection of their respective constitutions as 
provided for in this act, the territorial government of Dakota 
shall continue in existence the same as if this act had not been 
passed. But if the constitution formed for either North Dakota 
or South Dakota shall be rejected by the people, that part of the 
territory so rejecting its proposed constitution shall continue 
under the territorial government of the present territory of Da- 
kota, but shall, after the state adopting its constitution is admitted 
into the Union, be called by the name of the territory of North 
Dakota or South Dakota, as the case may be; provided, that if 
either of the proposed states provided for in this act shall reject 
the constitution which may be submitted for ratification or rejec- 
tion at the election provided therefoi, the governor of the territory 
in which such proposed constitution was rejected shall issue his 
proclamation reconvening the delegates elected to the convention 
which formed such rejected constitution, fixing the time and place 
at which said delegates shall assemble; and when so assembled 
they shall proceed to form another constitution or to amend the 
rejected constitution, and shall submit such new constitution or 
amended constitution to the people of the proposed state for 
ratification or rejection, at such time as said convention may 
determine; and all the- provisions of this act, so far as applicable, 
shall apply to such convention so reassemled and to the constitu- 
tion which may be formed, its ratification or rejection, and to the 
admission of the proposed state. 



8 Appendix "A." 



Sec. 8. That the constitutional convention which may assem- 
ble in South Dakota shall provide by ordinance for resubmitting 
the Sioux Falls constitution of 1885, after having amended the 
same as provided in section 5 of this act, to the people of South 
Dakota for ratification or rejection at an election to be held 
therein on the first Tuesday in October, 1889; but if said consti- 
tutional convention is authorized and required to form a new 
constitution for South Dakota it shall provide for submitting the 
same in like manner to the people of South Dakota for ratification 
or rejection at an election to be held in said proposed state on 
the said first Tuesday in October. And the constitutional con- 
ventions which may assemble in North Dakota, Montana and 
Washington, shall provide in like manner for submitting the con- 
stitutions formed by them to the people of said proposed states 
respectively, for ratification or rejection, at elections to be held in 
said proposed states on the said first Tuesday in October. At the 
elections provided for in this section the qualified voters of said 
proposed states shall vote directly for or against the proposed 
constitutions, and for or against any articles or propositions sepa- 
rately submitted. The returns of said elections shall be made to 
the secretary of each of said territories, who, with the governor 
and chief justice thereof, or any two of them, shall canvass the 
same; and if a majority of the legal votes cast shall be for the 
constitution, the governor shall certify the result to the president 
of the United States, together with a statement of the votes cast 
thereon and upon separate articles or propositions, and a copy of 
said constitution, articles, propositions and ordinances. And if 
the constitutions and governments of said proposed states are re- 
publican in form, and if all the provisions of this act have been 
complied with in the formation thereof, it shall be the duty of the 
president of the United States to issue his proclamation announc- 
ing the result of the election in each, and thereupon the proposed 
states which have adopted constitutions and formed state govern- 
ments, as herein provided, shall be deemed admitted by congress 
into the Union, under and by virtue of this act, on an equal foot- 
ing with the original states from and after the date of said proc- 
lamation. 

Sec. 9. That until the next general census, or until otherwise 



Appendix *'A/' 9 



provided by law, said states shall be entitled to one representative 
in the house of representatives of the United States, except South 
Dakota which shall be entitled to two; and the representatives to 
the Fifty-first jcongress, together with the governors and other 
oflScers provided for in said constitutions, may be elected on the 
same day of the election for the ratification or rejection of the con- 
stitutions; and until said state officers are elected and qualified 
under the provisions of each constitution and the states, respec- 
tively, are admitted into the union, the territorial officers shall 
continue to discharge the duties of their respective offices in each 
of said territories. 

Sec. 10 That upon the admission of each of said states into 
the union sections numbered 16 and 36 in every township of said 
proposed states, and where such sections or any part thereof have 
been sold or otherwise disposed of by or under the authority of 
any act of congress, other lands equivalent thereto, in legal sub- 
divisions of not less than one-quarter section, and as contiguous 
as may be to the section in lieu of which the same is taken, are 
hereby granted to said states for the support of common schools, 
such indemnity lands to be selected within said states in such man- 
ner as the legislature may provide, with the approval of the secre- 
tary of the interior; provided, that the sixteenth and thirty-sixth 
sections embraced in permanent reservations for national purposes 
shall not, at any time, be subject to the grants nor to the indemnity 
provisions of this act, nor shall any lands embraced in Indian^ 
military or other reservations of any character, be subject to the 
grants or to the indemnity provisions of this act until the reserva- 
tion shall have been extinguished and such lands be restored to 
and become a part of the public domain. 

Sec. 11. That all lands herein granted for educational pur- 
poses shall be disposed of only at public sale, and at a price not 
less than $10 per acre, the proceeds to constitute a permanent 
school fund, the interest of which only shall be expended in the 
support of said schools. But said lands may, under such regula- 
tion as the legislature shall prescribe, be leased for periods of not 
more than five years, in quantities tot exceeding one section to 
any one person or company; and such land shall not be subject to 
pre-emption, homestead entry, or any other entry under the land 



10 Appendix "A." 



laws of the United States, whether surveyed or unsnrveyed, but 
shall be reserved for school purposes only. 

Sec. 12. That upon the admission of each of said states into 
the union, in accordance with the provision of this act, fifty sec- 
tions of the unappropriated public lands within said states, to be 
selected and located in legal subdivisions as provided in section 
ten of this act, shall be, and are hereby, granted to said states for 
the purpose of erecting public buildings at the capital of said 
states for legislative, executive and judicial purposes. 

Sec. 13. That five per centum of the proceeds of the sales of 
public lands lying within said states which shall be sold by the 
United States subsequent to the admission of said states into the 
union, after deducting all the expenses incident to the same, shall 
be paid to the said states, to be used as a permanent fund, the inter- 
est of which only shall be expended for the support of com- 
mon schools within said states, respectively. 

Sec. 14. That the lands granted to the territories of Dakota 
and Montana by the act of February 18, 1881, entitled "An act to 
grant lands to Dakota, Montana, Arizona, Idaho and Wyoming 
for university purposes," are hereby vested in the states of South 
Dakota, North Dakota and Montana, respectively, if such states 
are admitted into the union as provided in this act, to the extent 
of the full quantity of seventy-two sections to each of said states, 
and any portion of said lands that may not have been selected by 
either of said territories of Dakota or Montana may be selected 
by the respective states aforesaid; but said act of February 18, 
1881, shall be sc amended as to provide that none of said lands 
shall be sold for less than $10 per acre, and the proceeds shall con- 
stitute a permanent fund to be safely invested and held by said 
states severally, and the income thereof be used exclusively for un- 
iversity purposes. And such (quantity of the lands authorized by 
the fourth section of the act of July 17, 1854, to be reserved for uni- 
versity purposes in the territory of Washington, as, together with 
the land confirmed to the vendees of the territory by the act of 
March 14, 1864, will make the full quantity of seventy-two entire 
sections, are hereby granted in like manner to the state of Wash- 
ington for the purposes of a university in said state. None of the 
lands granted in this section shall be sold at less than $10 per 



Appendix "A." 11 



acre; but said lands may be leased in the same manner as provided 
in section eleven of this act. The schools, colleges and universi- 
ties provided for in this act shall forever remain under the exclu- 
sive control of the said states, respectively, and no part of the pro- 
ceeds arising from the sale or disposal of any lands herein granted 
for educational purposes shall be used for the support of any sec- 
tarian or denominational school, college or university. The sec- 
tion of land granted by the act of June 16, 1880, to the territory 
of Dakota, for an asylum for the insane shall, upon the admission 
of said state of South Dakota into the union, become the property 
of said state. 

Sec. 15. That so much of the lands belonging to the United 
States as have been acquiretl and set apart for the purpose men- 
tioned in "An act appropriating money for the erect: on of a peni- 
tentiary in the territory of Dakota," approved March 2, 1881, to- 
gether with the buildings thereon, be, and the same is hereby 
granted, together with any unexpended balances of the moneys 
appropriated therefor by said act. to said state of South DaKota, 
for the purposes therein designated, and the states of North Da- 
kota and Washington shall, respectively, have like grants for the 
same purposes, and subject to like terms And conditions as provid- 
ed in said act of March 2, 1881, for the territory of Dakota. The 
penitentiary at Deer Lodge City, Mont., and all lands connectcni 
therewith and set apart and reserved therefor, are hereby granted 
to the state of Montana. 

Sec. 16. That 90,000 acres of laud to be selected and located as 
provided in section ten of this act, are hereby granted to each of 
said states except to the state of South Dakota, to which 120,- 
000 acres are granted for the use and support of agricultural col- 
leges in said states, as provided in the acts of congress making 
donations of lands for such purposes. 

Sec. 17. That in lieu of the grant of land for purposes of internal 
improvement made to new states by the eighth section of the act 
of September 4, 1841, which act is hereby repealed as to the states 
provided for by this act, and in lieu of any claim or demand by 
the said states, or either of them, under the act of September 28, 
1850, and section 2479 of the Revised Statutes, making a grant of 
Bwamp and overflowed lands to certain states, which grant it is 



12 Appendix "A." 



hereby declared is not extended to the states provided for in this 
act, and in lieu of any grant of saline lands to said states, the 
following grants of land are hereby made, to-wit: 

To the state of South Dakota: For the school of mines, 40,- 
000 acres; for the reform school, 40,000 acres; for the deaf and 
dumb asylum, 40,000 acres; for the agricultural college,40,000 acres; 
for the university, 40,000 acres; for state normal schools, 80,000 
acres; for public buildings at the capital of said state, 50,000 
acres, and for such other educational and charitable purposes as 
the legislature of said state may determine, 170.000 acres; in all, 
500,000 acres. 

To the state of North Dakota a like quantity of land as is in 
this section granted to the state of South Dakota, and to be for 
like purposes, and in like proportion as far a practicable. 

To the state of Montana: For the establishment and mainten- 
ance of a school of mines, 100,000 acres; for the state normal schools, 
100,000 acres; for agricultural colleges, in addition to the grant 
hereinbefore made for that purpose, 50,000 acres; for the establish- 
ment of a state reform school, 50,000 acres; for the establishment 
of a deaf and dumb asylum, 50,000 acres; for public buildings at 
the capital of the state, in addition to the grant hereinbefore 
made for that purpose, 150,000 acres. 

To the state of Washington : For the establishment and main- 
tenance of a scientific school, 100,000 acres; for state normal 
schools, 100,000 acres; for public buildings at the state capital in 
addition to the grant hereinbefore made for that purpose, 100,000 
acres; for state, charitable, educational, penal and reformatory 
institutions, 200,000 acres. 

That the states provided for in this act shall not be entitled to 
any further or other grants of land for any purpose than as ex- 
pressly provided in this act And the lands granted by this sec- 
tion shall be held, appropriated and disposed of exclusively for 
the purposes herein mentioned, in such manner as the legislatures 
of the respective states may severally provide. 

Sec. 18. That all mineral lands shall be exempted from the 
grants made by this act. But if sections 16 and 36, of any sub- 
division or portion of any smallest subdivision thereof in any town- 
ship shall be found by tj^e department of the interior to be 



Appendix "A." 13 



mineral lands, said states are hereby authorized and empowered to 
select, in legal subdivisions, an equal quantity of other unappro- 
priated lands in said states, in lieu thereof, for the use and benefit 
of the common schools of said states. 

Sec. 19. That all lands granted in quantity or as indemnity 
by this act shall be selected, under the direction of the secretary 
of the interior, from the surveyed, unresers^ed and unappro- 
priated public lands of the United States within the limits of the 
respective states entitled thereto. And there shall be deducted 
from the number of acres of land donated by this act for specific 
objects to said states the number of acres in each heretofore 
donated by congress to said territories for similar objects. 

Sec. 20. That the sum of $20,000, or so much thereof as may 
be necessary, is hereby appropriated, out of any money in the 
treasury not otherwise appropriated, to each of said territories 
for defraying the expenses of the said conventions, except to Da- 
kota for which the sum of $40,000 is so appropriated, $20,000 each 
for South Dakota and North Dakota, and for the payment of the 
• members thereof, under the same rules and regulations and at the 
same rates as are now provided by law for the payment of the ter- 
ritorial legislatures. Any money hereby appropriated not neces- 
sary for such purpose shall be covered into the treasury of the 
United States. 

Sec. 21. That each of said states when admitted as aforesaid 
shall constitute one ju licial district, the names thereof to be the 
same as the names of the states, respectively; and the circuit and dis- 
trict courts therefor shall be held at the capital of such state for the 
time being, and each of said districts shall, for judicial purposes, 
until otherwise provided, be attached to the Eighth judicial circuit, 
except Washington and Montana, which shall be attached to the 
Ninth judicial circuit. There shall be appointed for each of said 
districts one district judge, one United States attorney and one 
United States marshaL The judge of each of said districts shall 
receive a yearly salary of $3,500, payable in four equal install- 
ments, on the first days of January, April, July and October of 
each year, and shall reside in the district. There shall be ap- 
pointed clerks of said courts in each district, who shall keep their 
offices at the capital of said state. The regular terms of said courts 



14 Appendix "A." 



shall be held in each district, at the place aforesaid, on the first 
Monday in April and the first Monday in November of each year, 
and only one grand jury and one petit jury shall be summoned in 
both said circuit and district courts. The circuit and district 
courts for each of said districts and the judges thereof, respective- 
ly, shall possess the same powers and jurisdiction, and perform 
the same duties required to be performed by the other circuit and 
district courts and judges of the United States, and shall be gov- 
erned by the same laws and regulations. The marshal, district 
attorney and clerks of the circuit and district courts of each of 
of said districts, and all other officers and persons perform- 
ing duties in the administration of justice therein, shall severally 
possess the powers and perform the duties lawfully possessed and 
required to be performed by similar officers in other districts of 
the United States; and shall, for the services they may perform, 
receive the fees and compensation allowed by law to other similar 
officers and persons performing similai duties in the state of 
Nebraska. 

Sec. 22. That all cases of appeal or writ of error heretofore 
prosecuted and now pending in the supreme court of the United 
States upon any record from the supreme court of either of the 
territories mentioned in this act, or that may hereafter lawfully 
be prosecuted upon any record from either of said courts, may be 
heard and determined by said supreme court of the United States. 
And the mandate, of execution or of futher proceedings shall be 
directed by the supreme court of the United States to the circuit 
or district court hereby established within the state succeeding 
the territory from which such record is or may be pending, or to 
the supreme court of such state, as the nature of the case may re- 
quire; provided, that the mandate of execution or of further 
proceedings shall, in cases arising in the territory of Dakota, be 
directed by the supreme court of the United States to the circuit 
or district court of the district of South Dakota, or to the supreme 
court of the state of South Dakota, or to the circuit or district 
court of the district of North Dakota, or to the supreme court of 
the state of North Dakota, or to the supreme court of the ter- 
ritory of North Dakota, as the nature of the case may requira 
And each of the circuit, district and state courts, herein named. 



Appendix "A." 15 



shall, respectively, be the successor of the supreme court of the 
territory, as to all such cases arising within the limits embraced 
within the jurisdiction of such courts respectively, with full power 
to proceed with the same, and award mesne or final process there- 
in; and that from all judgments and decrees of the supreme court 
of either of the territories mentioned in this act, in any case 
arising within the limits of any of the proposed states prior to 
admission, the parties to such judgment shall have the same 
right to prosecute appeals and writs of error to the supreme 
court of the United States as they shall have had by law prior to 
the admission of said state into the Union. 

Sec. 23. That in respect to all cases, proceedings and matters 
now pending in the supreme or district courts of either of the ter- 
ritories mentioned in this act at the time of the admission into the 
Union of either of ^he states mentioned in this act, and arising 
within the limits of any such state, whereof the circuit or district 
courts by this act established might have had jurisdiction under 
the laws of the United States had such courts existed at the time 
of the commencement of such cases, the said circuit and district 
courts, re8f)ectively, shall be the successors of said supreme and 
district courts of said territc^ry; and in respect to all other cases, 
proceedings and matters pending in the supreme or district courts 
of any of the territories mentioned in this act at the time of the 
admission of such territory into the Union, arising within the 
limits of said proposed state, the courts established by such state 
shall, respectively be the successors of said supreme and district 
territorial courts; and all the files, records, indictments and pro- 
ceedings relating to any such cases, shall be transferred to such 
circuit, district and state courts, respectively, and the same shall 
be proceeded with therein in due course of law; but no writ, 
action, indictment, cause or proceeding now pending, or that prior 
to the admission of any of the states mentioned in this act, shall 
be pending in any territorial court in any of the territories men- 
tioned in this act shall abate by the admission of any such state 
into the Union, but the same shall be transferred and proceeded 
with the proper United States circuit, district or state court, as the 
case may be; provided, however, that in all civil actions, causes and 
proceedings, in which the United States is not a party, transfers 



16 Appendix "A." 



shall not be made to the circuit and district courts of the United 
States except upon the written request of one of the parties to 
such action or proceeding filed in the proper court; and in the 
absence of such request, such cases shall be proceeded with 
within the proper state courts. 

Sec 24. That the constitutional conventions may, by ordinance, 
provide for the election of officers for full state governments, in- 
cluding members of the legislatures and representatives in the 
fifty-first congress; but said state governments shall remain in 
abeyance until the states shall be admitted into the Union, re- 
spectively, as provided in this act. In case the constitution of any 
of said proposed states shall be ratified by the people, but not 
otherwise, the legislature thereof may assemble, organize and 
elect two senators of the United States; and the governor and 
secretary of state of such proposed state shall certify the election 
of the senators and representatives in congress; and when such 
state is admitted into the Union, the senators and representatives 
shall be entitled to be admitted to seats in congress, and to all the 
rights and privileges of senators and representatives of other states 
in the congress of the United States; and the officers oi the state 
governments formed in pursuance of said constitutions, as pro- 
vided by the constitutional conventions, shall proceed to exercise 
all the functions of state officers; and all laws in force made by 
said territories, at the time of their admission into the Union, 
shall be in force in said states, except as modified or changed by 
this act, or by the constitutions of the states, respectively. 

Sec. 25. That all acts or parts of acts in conflict with the pro- 
visions of this act, whether passed by the legislatures of said 
territories or by congress, are hereby repealed. 



APPENDIX "B. 



>> 



EEPOET OF COMMITTEE ON 

Equitable Division of Territorial Property 

AND INDEBTEDNESS. 



Mr. President: 

The Committee of the Constitutional Convention for North 
Dakota, appointed by said convention, under and by virtue of the 
provisions of section six of an act of congress approved February 
22, 1889, entitled "An Act to Provide for the Division of Dakota 
into two States and to enable the people of North Dakota, South 
Dakota, Montana and Washington to Form Constitutions and State 
Governments, and to be admitted into the Union on an equal foot- 
ing with the original States, and to make Donations of Public 
Lands to such States," report that they met with a like committee 
appointed by the Constitutional Convention for South Dakota and 
organized a Joint Commission as provided in said section six of said 
act; that the sessions of said commission were held at the city of 
Bismarck, Dakota, on and between the 16th and 31st days of July, 
A. D. 1889. 

The journal of the proceedings of said Joint Commission, as 
corrected and approved, is hereto attached and made part of this 
report. Shorthand notes of the debates and proceedings of said 
commissions were also made by order thereof, but have not yet 
been transcribed. 

The final agreement made by said commission respecting the 
property, debts and records of Dakota Territory is hereto attached 
and made part of this report. 

The committee pursuant to an agreement of said commission, 
recommend the adoption of the following, as an article of the Con- 
stitution of North Dakota: 

ARTICLE 



TERRITORIAL DEBTS AND LIABILITIES. 

Section i. In order that payment of the debts and liabilities contracted or 
incurred by and In behalf of the Territory of Dakota may be justly and equitably 
provided for and made, and In pursuance of the requirements of an act of Con- 
gress approved February 22, 1809, entitled "An Act to provide for the division 
of Dakota into two states and to enable the people of North Dakota, South Da- 
kota, Montana and Washington to form constitutions and state governments and 
to be admitted into the Union on an equal footing with the original states, and to 
make donations of public lands to such states," the states of North Dakota and 
South Dakota, by proceedings of a Joint Commission, duly appointed under said 



Appendix '*B." 



act, the sessions whereof were held at Bismarck in said state of North Dakota, 
from July i6, 1889, to July 31, 1889, inclusive, have agreed to the following 
adjustment of the amounts of the debts and liabilities of the Territory of Dakota 
which shall be assumed and paid by each of the States of North Dakota and 
South Dakota, respectively, to- wit: 

1. This agreement shall take effect and be in force from and after the ad- 
mission into the Union, as one of the United States of America, of either the 
SUte of North Dakota or the State of South Dakota. 

2. The words **State of North Dakota" wherever used in this agreement, 
shall be taken to mean the Territory of North Dakota in case the State of South 
Dakota shall be admitted into the Union prior to the admission into the Union of 
the State of North Dakota; and the wonds **State of South Dakota," wherever 
used in this agreement, shall be taken to mean the Territory of South Dakota in 
case the State of North Dakota shall be admitted into the'Union prior to the ad- 
mission into the Union of the State of South Dakota. 

3. The said State of North Dakota shall assume and pay all bonds issued by 
the Territory of Dakota to provide funds for the purchase, construction, repairs 
or maintenance of such public institutions, grounds or buildings as are located 
within the boundaries of North Dakota, and shall pay all warrants issued under 
and by virtue of that certain act of the Legislative Assembly of the Territory of 
Dakota, approved March 8, 1889, entitled "An Act to provide for the refunding 
of outstanding warrants drawn on the Capitol Building fund." 

4. The said State of South Dakota shall assume and pay all bonds issued by 
the Territory of Dakota to provide funds for the purchase, construction, repairs 
or maintenance of such public institutions, grounds or buildings as are located 
within the boundaries of South Dakota. 

5. That is to say : The State of North Dakota shall assume and pay the 
following bonds and indebtedness, to- wit: 

Bonds issued on account of the Hospital for Insane at Jamestown, North 
Dakota, the face aggregate of which is $266,000; also, bonds issued on account 
of the North Dakota University at Grand Forks, North Dakota, the face aggre- 

f ate of which is $96,700; also, bonds issued on account of the Penitentiary at 
lismarck, North Dakota, the face aggregate of which is $93,600; also, refunding 
Capitol Building warrants dated AprU i, 1889, $83,50746. 

And the State of South Dakota shall assume and pay the following bonds 
and indebtedness, to-wit: 

Bonds issued on account of the Hospital for the Insane at Yankton« South 
Dakota, the face agreeate of which is $210,000; also, bonds issued on account of 
the School for Deaf Mutes, at Sioux Falls, South Dakota, the face aggregate of 
which is $51,000; also, bonds issued on account of the University at Vermillion, 
South Dakota, the face aggregate of which is $75,000; also, bonds issued on ac- 
count of the Penitentiary at Sioux Falls, South Dakota, the face aggregate of 
which is $94,300; also, bonds issued on account of the Agricultural ColTese, at 
Brookings, South Dakota, the face aggregate of which is $97,500; also, bonds is- 
sued on account of the Normal School at Madison, South Dakota, the face aggre- 
gate of which is $49400; also, bonds issued on account of the School of Mines at 
Rapid City, South Dakota, the face aggregate of which is $33,000; also, bonds is- 
sued on account of the Reform School at Plankinton, South Dakota, the face ag- 
gregate of which is $30,000; also, bonds issued on account of the Normal School 
at Speariish, South Dakota, the face aggregate of which is $25,000; also, bonds 
issued on account of the Soldiers* Home at Hot Springs, South Dakota, the face 
aggregate of which is $45,000. 

6. The States of North Dakota and South Dakota shall pay one-half each of 
all liabilities now existing or hereafter and prior to the taking effect of this agree 
ment incurred, except those heretofore or hereafter incurred on account of public 
institutions, grounds or buildings, except as otherwise herein specifically provided. 

7. The State of South DakoU shall pay to the State of North DakoU $46,- 
500, on account of the excess of Territorial appropriations for the permanent im- 
provement of territorial institutions which under this agreement will go to 
South Dakota, and in full of the undivided one-half interest of North Dakota in 
the territorial library, and in full settlement of unbalanced accounts, and of all 



Appendix *'B." 



claims against the territory, of whatever nature, legal or equitable, arising out of 
the alleged erroneous or unlawful taxation of Northern Pacific railroad lands, and 
the payment of said amount shall discharge and exempt the State of South Da- 
kota from all liabilitv for or on account of the several matters hereinbefore re- 
ferred to; nor shall either State be called upon to pay or answer to any portion of 
liabilitity hereafter arising or accruing on account of transactions heretofore h.id, 
which liability would be a liability of the territory of Dakota had such temtory 
remained in existence, and which liability shall grow out of matters connected 
with any public institution, grounds or buildings of the territory situated or located 
within the boundaries of the other State. 

8. A final adjustment of accounts shall be made u|)on the following basis: 
North Dakota shall be charged with all sums paid on account of the public 
institutions, grounds or buildings located within its boundaries on account of the 
current appropriations since March S, 1889; and South Dakota shall be charged 
with all sums paid on «iccount of public institutions, grounds or buildings located 
within its boundaries on the same account and during the same time. Each state 
shall be charged with one-half of all other expenses of the territorial govern- 
ment during the same time. All moneys paid into the treasury during the period 
from March 8, 1889, to the time of taking effect of this agreement by any county, 
municipality or person within the limits of the proposed State of North Dakota, 
shall be credited to the State of North Dakota; and all sums paid into said 
treasury within the same time by any county, municipality or person within the 
limits of the proposed State of South Dakota shall he credited to the State of 
South Dakota ; except that any and all taxes on gross earnings paid into said treasury 
by railroad corporations, since the 8th day of March, 1889, l>ased upon earnings 
oJ years prior to 1888, under and by virtue of the act of the Legislative Assembly 
of the Territory of Dakota, approved March 7, 1889, and entitled "An Act pro- 
viding for the levy and collection of taxes upon property of railroad companies 
in this Territory, being Chapter 107 of the Session Laws of 1889 (that is, the 
part of such sum going to the Territory) shall be equally divided between the 
States of North Dakota and South Dakota; and all taxes heretofore or hereafter 
paid into the said treasury under and by virtue of the act last mentioned, based on 
the gross earnings of the year 1888, sliall be distributed as already provided by 
law, except that so much thereof as goes to the territorial treasury shall be 
divided as follows: North Dakota shall have so much thereof as shall be or has 
been paid by railroads within the limits of the proposed State of North Dakota, 
and South i)akota so much thereof as shall be or has been paid by railroads 
within the limits of the proposed State of South Dakota; each state shall be 
credited also with all balances of appropriations made by the Seventeenth Legis- 
lative Assembly of the Territory of Dakota for the account of the public institu- 
tions, grounds or buildings situated within its limits, remaining unexpended on 
March 8, 1889. If there shall be any indebtedness except the indebtedness repre- 
sented by the bonds and refunding warrants hereinbefore mentioned, each State 
shall at the time of such final adjustment of accounts, assume its share of said 
indebtedness as determined by the amount paid on account of the public institu- 
tions, grounds or buildings of such State in excess of the receipts from counties, 
municipalities, railroad corporations or persons within the limits of said State as 
provided in this article; and if there should be a surplus at the time of such final 
adjustment, each State shall be entitled to the amounts received from counties, 
municipalities, railroad corporations or persons within its limits over and above 
the amount charged it. 

Ix Witness Whereof, the members of said Joint Commission have sub- 
scribed their names hereto, this thirty-first day of July, A. D. 1889, at Bismarck, 
Dakota. 

E. W. Camp, A. G. Kellam, 

Burleigh F. Spalding, V. T. McGillycuddy, 
Alex Griggs, Henry Neill, 

Andrew Sandager, E. W. Caldwell, 

W. E. Purcell, W. Elliott, 

Harvey Harris, Charles H. Price, 

John W, Scott, S. F. Brott. 



Appendix "B." 



Skc. 2. And the State of North Dakota hereby obligates itself to pay such 
part of the debts and liabilities of the Territory of Dakota as is declared by the 
foregoing agreement to be its proportion thereof, the same as if such proportion 
had been originally created by said State of North Dakota as its own debt or 
liability. 

And your committee further, and pursuant to the agreement of 
of said Joint Commission, recommend the adoption as a part of the 
Schedule of the Constitution of North Dakota of an article in the 
form set forth in the said final agreement of said Joint Commis- 
sion. 

And your committee also recommed for adoption, as a part of 
the schedule of said Constitution, of the following: Should the 
counties containing lands which form a part of the grant of lands 
made by congress to the Northern Pacific Srailroad company be 
compelled by law to refund moneys paid for such lands or any of 
them by purchasers thereof at tax sales thereof based upon taxes 
illegally levid upon said lands, then and in that case the State of 
North Dakota shall appropriate the sum of $25,000, or so much 
thereof as may be necessary to reimburse said counties pro rata, 
for the amount so received from said illegal tax sales and paid by 
said counties into the treasury of Dakota Territory. 

We further recommend that the shorthand notes of the pro- 
ceedings of the said Joint Commission be transcribed and printed 
with the debates of the convention, inasmuch as, so far as the 
committee is informed, said Joint Commission is the first body of 
the kind ever convened. 

Dated at Bismarck, August 2d, 1889, and respectfully submitted, 

Edgar W. Camp. 
Harvy Harris, 
John W. Scott, 
Andrew Sandager, 
w. e. purcell, 
Alex Griggs. 

Burleigh F. Spalding absent on account of illness. 



Appendix "B." 



Journal of the Joint Commission. 



Bismarck, July 16, 1889. 

Meeting of the Joint Commission for Division of the property 
and Archives of Dakota Territory consisting of the following 
members: 

North Dakota: E. W. Camp, Chairman; B. F. Spanlding, Alex. 
Griggs. Andrew Sandager, W. E. Purcell, Harvey Harris, J. W. 
Scott 

South Dakota: A G. Kellam, Chairman; V. T. McGilly cuddy, 
Henry Neill, E. W. Caldwell, Wm. Elliott, C. H. Price, S. F. Broti 

Commission met at 3:30 p. m. 

A G. Eellam was chosen temporary chairman. 

Andrew Sandager and V. T. McGillicuddy were chosen tem- 
porary secretaries. 

The following resolution was introduced by Mr. Scott: 

Resolved^ That the chairmanship of the Joint Commission sliall be held by 
the chairman of the North Dalcota Commissions and South Dalcota Commissions, 
being A. G. Kellam of the South Dakota Commission and E. VV. Camp of the 
North Dakota Commission, alternating day by day. 

Carried. 

The following resolution was introduced by M. Caldwell: 

Resolved^ That upon the taking of a vote by the Joint Commission, the roll 
of the Commission shall be called by one of the clerks thereof, and if a majority 
of the members from North Dakota and a majority of the South Dakota mem- 
bers respectively shall record themselves as in the affirmative, the proposition thus 
voted upon shall be declared carried ; otherwise not. 

Carried. 

The following resolution was introduced by Mr. Price: 

Resolt*edy That no persons shall attend the meetings of the Joint Commission 
except the members thereof, clerks and stenographers, and such other persons as 
may be invited by a majority of either branch of the Joint Commission. 

Lost 

The following resolution was introduced by Mr. Camp. 

Resolvrdj That no persons save members of the Commission shall be per- 
mitted to make any statements as a witness before this Commission, save by the 
request of a majority of both committees of North and South Dakota. 

Carried. 



10 Appendix "B." 



Appropriations $ 02»81L90 

Appropriations - Unexpentled Balance 1.641.17 

$91,170.13 

North Dakota 09.OM.78 

$22,0)5.35 

Mr. Purcell referred to the Commissioii the matter of uncollected 
taxes on Northern Pacific railroad lands. 

Tlie following resolution was introduced by Mr. Caldwell: 

J?cso/zt7(i^ That in the division of the Territorial institutions and the property 
pertaining thereto, the following basis shall be adopted by this Commission : 

The title to any public institution together with all thereto belonging or ap- 
pertaining, shall vest in the particular State within which it may be located; and 
said State shall in consideration thereof assume all bonds, debts, liabilities and 
obligations whatsoever incurred by or for the Territory of Dakota on account of 
or in relation to said institution, and any unexpended balances of appropriations 
available oi to become available for such institutions shall accrue and be credited 
to such institutions upon the books of their respective States. 

Mr. Price moved the adoption of the resolution. 

Which motion was lost. 

Adjourned to meet at 10 a. m., July 20. 



Bismarck, July 20. 

Meeting was called to order with Mr. Kellam in the chair. 

All members present except Messrs. Camp, Griggs and Spauld- 

The commission discussed informally the question of unad- 
justed claims and the question of transscribing the records. 
Mr. Niell offered the following resolution: 

J^esoh'ed^ That disposition of the public recordsjof the Territory of Dakota 
be made with a view to starting out the two new states in public business. 

Mr. Price offered the following as a substitute: 

Resolved, That it is the sense of this Joint Commission that the commission 
should make disposition of the records, archives and books of the territory as 
provided in section 6 of the Enabling Act; that they determine what records each 
of the new states should have and when a final disposition thereof is agreed upon 
an agreement shall be drawn and incorporated in the schedule and ordinance of 
the constitution of the State of North Dakota and South Dakota and submitted 
to the people for ratification or rejection. 

Before a vote was taken on either original or substitute, Mr. 
Elliott moved that the chair appoint a committee of three to pre- 
pare a resolution covering this subject to be presented to the 
commission at the next meeting. 

Which motion prevailed, and the chair appointed Messrs. Kel- 
lam, Scott, and Spaulding. 

On motion the commission adjourned to meet Monday, July 22. 



# 
Appendix **B." 11 



BiBMARCK, July 22. 
The commission met at 10 a. m. 
No quorum present. 
Absent, Messrs. Camp, Spalding, Griggs and Scott 

AFTERNOON SESSION. 

The commission met with Mr. Camp in the chair. 

Members all present except Mr. Griggs. 

The special committee made the following report: 

Resolved^ That it is the sennc of this Joint Comniibsion that in execution of 
the duty imposed upon it by the act of congress under which it was created relat- 
ing to disposition of the public records of the territory, it shall provide 
for copies of such records as will in its judgment be required and nec- 
essary for the proposed States of North Dakota and South Dakota to inaugcrate 
and continue such States respectively in their several departments. And that an 
agreement be made by this commission as to the disposition of both original and 
copies. And that such agreement shall be re|x>rted to the convnittees from North 
Dakota and South Dakota to their respective Conventions with the recommenda- 
tions that the same be made a part of the schedule anil ordinance to be submitted 
with the proposed Constitutions for ratification by the people of North Dakota 
and South Dakota respectively. 

Which report, was adopted. 
By Mr. Price. 

Resolved^ That a committee of two, one from each commission l)e appointed 
to examine and report to the Joint Commission what books and records it will be 
necessary to transcribe and to also report the probable expense of the same. 

Which motion was carried, and 

Messrs. Caldwell and Harris were appointed as such committee. 

Resolved^ That we now proceed to determine as to who shall have the copies 
of the public records and who the originals upon its being ascertained what re- 
cords must necessarily be copied. 

On motion the resolution was laid over until action of the com- 
mittee was received. 

Moved by Mr. Kellam that a committee be appointed to examine 
and report upon the condition of the public library and public 
documents contained therein; and also to report an estimate of its 
value. 

Which motion prevailed and Messrs. Kellam and Scott were ap- 
pointed as such committee. 

Mr. Harris moved that a committee of two be appointed to as- 
certain and report the amount of military j)roperty belonging to 
the territory, and its whereabouts. 

Which motion prevailed and Messrs. Sandager and McGilly- 
cuddy were appointed such committee. 

Mr. Kellam moved that a committee of two be appointed to re- 
port on the condition and value of any other property not specified 
in the preceding resolutions. 

Which motion was carried and Messrs. Camp and Neill were 
appointed such committee. 

Moved by Mr. Caldwell that a committee of two be apjwinted 
for the purpose of collecting information and classifying the same 



12 Appendix "B." 



relative to claims against the territory, and also of accounts due 
the territory. 

Which motion prevailed and Messrs. Price and Spalding were 
appointed as such committee. 

Moved by Mr. Scott that a committee of two be appointed to 
ascertain what amount has been appropriated by the Federal Gov- 
ernment to the Brookings Agricultural College and Experimental 
Station, and what portion of such has been used for permanent 
improvements. 

Which motion prevailed and Messrs. Purcell and Elliott were 
appointed such committee. 

Adjourned to 10 a. m., July 23. 



BisMABCK, July 23. 

The committes not having completed their respective reports no 
business was transacted, and the commission. 
Adjourned to meet July 24. 



BiSMABCK, July 24. 

The commission was called to order with Mr. Kellam in the 
chair. 

All members present except Griggs and Spaulding. 

The Committee on Records reported. The report was read and 
after discussion it was referred back with insia*uctions to report 
the classification, stating what records it would be necessary to 
copy and what records and papers could be divided without copy- 
ing. 

The Committee on Miscellaneous Property submitted the fol- 
lowing report: 

BiSMABOK, D. T., July 23, 1889. 

Joint Commission. Gentlemen. 

Your committee to whom was referred the matter of listing the property be- 
longing to the various territorial offices beg leave to make the following report: 

Public Examiner, North Dakota $ 16.50 

Territorial Veterinarian, as per statement 10.00 

Railroad Commissioners, Watertown, South Dakota 45-00 

Board of 1 Icalth, South Dakota .... 

Board of Agriculture, North Dakota .... 

Board of Agriculture, South Dakota .... 

Adjutant General, as per statement, South Dakota 95«oo 

Commissioner of Immigration, South Dakota i75>oo 

Railroad Commission, South Dakota 150.00 

Desks, third floor Capital, old 50XX> 

Treasurer's office safe 5ooxx> 

Treasurer's office scales, measurers, etc 300.00 

Auditor's office type writer and caligraph 1 10.00 

Secretary's office" type writer, desk and safe 130.00 



Appendix "B." 13 



Board of Pharmac v, South Dakota $ 14.00 

Superinicndcnt of "Education, North Dakota 187.00 

Secretary of Education 1 25.00 

South Dakota Fair as per statement 60.00 

$ i»967-5o 
Respectfully submitted, 

Hknry Nkill, > r^ ...^ 
E.W.Camp. 'I Committee. 

Which report was adopted. 

The Committee on Public Library made a verbal report lecora- 
mending that each section of the Joint Commission submit 
sealed proposals for the library, and the section bidding the high- 
est be entitled to the same. 

Which report was adopted. 

The Committee on Militia Property reported progress and asked 
time for further consideration. 
Which request was granted. 

The Committee on Claims and Accounts duo the Territory re- 
ported that they could find no record of claims on file against the 
territory, and on motion was granted further time for consideration. 

The Committee on Federal Appropriations to the Agricultural 
College and Experimental Station made a verbal report, and on 
motion were granted further time to prepare a written report 

Mr. Scott n\oved that the members of the commission from 
North Dakota, and the members of the commission from South 
Dakota each make a proposition in writing for a settlement of all 
matters except the public records. 

Which motion prevailed. 

Commission adjourned until 10 a. m., July 25. 



Bismarck, July 25. 

Commission met with Mr. Camp in the chair. 

Members all present expect Mr. Spalding. 

The following propositions were presented and read: 

PROPOSITION OF SOUTH DAKOTA COMMIITEE. 

PUBLIC IXSTITl'TIONS. 

Each state shaU tike the institutions located within its boundaries, with its 
appuitenances, furniture, etc., and shall <issunie the payment of all indehtedness 
against the territory, on account of each institution, respectively, 'i'hat any un- 
expended balances, either from bonds or direct appropriations, remaining in the 
territorial treasury at the date of dissolution of the territorial government, shall 
follow the institulion on whose account such bonds were issued or appropriation 
made, and go to the state which takes such institution. 

MISCELLANEOUS PROPERTY. 

All other items and articles of personal property, except the T*trritorial Li- 
brary and records, shall be divided equally between North and South Dakota. 



14 Appendix "B/' 



TERRITORIAL LIBRARY. 

Each Coninis88ion shall submit a sealed proposition stating a sum certain at 
which it is willing to take said library, including such books, records and vol- 
umes as may be added thereto up to the time of the dissolution of the territorial 
government, and the library as aforesaid shall go to the section whose bid as 
alM>ve provided, is the highest, and at the amount so bid, and such sum shall be 
accounted for in the settlement to be made by the Joint Commission. 
(This disposihion shall also include library in the Auditor^s office.) 
An arrangement shall be made by this Commission with the Territorial 
Auditor by which he shall keep and abstract the assessment returns from the 
st^veral counties of the Territory in two classes or groups, putting and keeping 
the counties of North Dakota in one class, and the counties of South Dakota in 
another class, and such distinction and separation shall be maintained and pre- 
served through the Auditor's and Treasurer's otlice, to the end that all taxes paid 
into the Territorial Treasurer, from such assessment, by the counties of North 
Dakotii and South Dakota respectively, shall be kept separate and distinct from 
each other. Any and all claims of the Territory against counties on account of 
delinquent taxes, shall go to, and belong to the State within which such counties 
shall be located, and all credits for taxes overpaid by counties shall likewise go 
to the State within which such counties mav be situated. Anv balance of cash 
remaining on hand at the termination of the territorial government, and not 
otherwise covered by this proposition, or appropriated by law, shall be equally 
divided between North and South Dakota. 

PROPOSITION OF NORTH DAKOTA. 

To^iiE Joint Commission: 

The Committee from North Dakota makes the Joint Commission the follow- 
ing proposition: All the public institutions and buildings located in South Da- 
kota which State shall .assume and pay all bonded indebtedness arising out of 
and issued for their construction, and the same as to North Dakota, except the 
Capitol at Bismarck. All personal property and miscellaneous effects now in 
South Dakota, except militia outfits and accoutrements, shall be the property 
of South Dakota; and all of the same in North Dakota, except the militia outfitis 
and accoutrements, and also excepting the furniture and fixtures of the Capitol 
at Bismarck, shall be the property of North Dakota. The State of South Da- 
kota shall pay to the State of North Dakota, as a full settlement of unbalanced 
accounts and of all claims against the Territory arising out of the unlawful tax- 
ation of the Northern Pacific railroad lands, which claims shall be assumed by 
the State of North Dakota, the sum of $60,000. Should South Dakota desire 
the State of North Dakota to assume the ownership and control of the Capitol 
at Bismarck with its furniture and fixtures, including all claims against the Ter- 
ritorv arising out of the acceptance of the grant of lands made to the Territory 
for Capitol purposes, and further to assume its bonded indebtedness, the State of 
North Dakota will do so upon the payment by South Dakota to North Dakota of 
the sum of $40,000. All other unascertained and unliquidated debts of the Ter- 
ritory of Dakota, shall when proved, be borne equally by the States of North 
Dakota and South Dakota. And all claims in favor of the Territory shall accrue 
to the benefit of the respective States in like proportion. The State of North 
Dakota shall be entitled to all delinquent taxes due the Territory at this date from 
counties located in North Dakota and the same to South Dakota. From and 
after March 11, 1S89, the State of South Dakota shall be credited with all taxes 
collected from counties within its boundaries and charged with all moneys paid 
out by the Territory for appropriations made to the public institutions situated 
therein, and one half of all other expenditures. And the same as to North 
Dakota. 

Moved that copies of each proposition be furnished each mem- 
ber of the Joint Commission. 
The commission then took a recess until 3.30 in the afternoon. 



Appendix "B." 15 



AFTERNOON SESSION. 



Members all present, with Mr. Gamp in the chair. 
The time was employed in the discussion of the respective pro- 
positions. 

Convention adjourned until 9.30 a. m., July 2Gth. 



Bismarck, July 26. 

Commission was called to order with Major Kellam in the chair. 

Members were all present except Messrs. Spalding and Sandager. 

Moved by Mr. Caldwell that the chairman of the respective 
commissions be requested to confer and report a plan of settle- 
ment 

Which motion prevailed. 

At the afternoon session Messrs. Kellam and Camp were in- 
structed to prepare in writing a basis for settlement of all matters 
to come before the commission except the public records. • 

Adjourned to 9.30 a. m., July 27. 



Bismarck, July 27th. 

Commission was called to order with Mr. Camp in the chair. 

Mr. Griggs presented proxy for Mr. Purcell. 

All members were present except Messrs. Sandager and Spald- 
ing. 

Messrs. Kellam and Camp of special committee presented the 
following report. 

OENERAL PLAN OF AGREEMENT PROPOSED AND RECOM- 
MENDED. 

PUBLIC INSTITUTIONS. 

Each State shall take the public institutions located 'within its boundaries, 
witn all appurtenances, furniture, etc. And shall assume the payment of all in- 
ciebtcdgess against the territory, bonded or funded, on account of such institu- 
tions respectively. 

All other items of personal property and miscellaneous effects belonging to 
the territory, except the territorial library, and the territorial records and archives, 
c^hall be divided as nearly equally as possible between North and South Dakota. 
The State of South Dakota shall pay to the State of North Dakota $42,500, on 
ziccount of excess of territorial appropriations for the permanent improvement 
of territorial institutions which under this agreement will go to South Dakota, and 
in full settlement of unbalanced accounts, and of all claims against the territory, 
of whatever nature, legal or equitable, arising out of the alleged erroneous or 
\m lawful taxation of Northern Pacific Railroad hinds, and the payment of said 
simount shall discharge and exempt the State of South Dakota from all liability 
£or or on account of the several matters hereinbefore referred to, nor shall either 
estate be called upon to pay or answer to any portion of any liability hereafter 
arising or accruing on account of transaction heretofore had, which liability 
A\'ould be a liability of the Territory of Dakota had such territory remained in 
existence, and which liability shall go out of matters connected with any public 
institutions of the territory situated or located within the boundaries of the other 
SState. 



16 Appendix "B." 



Neither State shall pay any portion of any liability of the territory arising 
out of erroneous taxation of property in the other State. 

Each committee shall make a sealed statement of the amount it is willing to 
pay for the undivided half of the public library, and the one offering the larger 
sum shall take the library at the sum so offered. 

If on investigation it appears that the militia property is divided between 
North and South Dakota companies in proportion nearly equal, then the prop- 
erty is to remain within that State within the limits of which it now is; otherwise 
it is to be divided as nearly equally as possible. The final adjustment of accounts 
shall he made upon the following basis: North Dakota shall be charged with all 
sums paid to the public institutions located within the boundaries on account of 
the current appropriations since the same became available; and South Dakota 
charged with all sums paid to public institutions located within its boundaries on 
the same account and during the same time. Each State to be charged with 
one-half of the general expenses during the same time. That all moneys paid 
into the treasury during this period from about March ii, to the time of final 
adjustment, from North Dakota shall be credited to North Dakota, and all such 
sums paid from South Dakota for the same time sliall be credited to South Da- 
kota, except that all railroad taxes paid into the territorial treasury since date 
above mentioned for years prior to 1889 (that is, the part thereof going to the ter- 
ritory) shall l)e equally divided between North and South Dakota, and the rail- 
road tax for 1889 shall be distributed as already provided by law, except that so 
much of said tax as goes to the territorial treasury shall be divided as follows: 
North Dakota shall have so much thereof as is paid by railroads in North Dakota 
and South Dakota so much thereof as is paid by railroads in South Dakota. 

If there shall be an indebtedness at the time of the final division each shall 
assume its share as determined by the amount paid to each section in excess of 
the receipts from each section, and if there shall be a surplus at the time of such 
division, each shall be entitled to the amount it has paid in over and above the 
amounts it stands charged with. 

The payment from South Dakota to North Dakota, or as much of it as pos- 
sible shall be made bv South Dakota assuming North Dakota's share of current 
liabilities at time of final adjustment, including North Dakota's share of cost of 
copying records. 

It is further recommended that South Dakota and North Dakota pay one 
half each of all liabilities now existing, but not audited and allowed, except those 
incurred on account of public institutions. 

Each State shall succeed to all rights of the territory upon contracts for public 
works within such State or bonds to secure the completion of such contracts. 
Each State shall receive all unexpended balances of the bonds which it is to pay 
whether such balances have been covered back into the treasury or not. 

A. G. Kkllam, 
E. A. Camp, 

Committee. 

Mr. Elliott moved the adoption of the repori 

After full discussion of the motion Mr. Griggs moved that the 
report be amended by inserting in lieu of $42,500 the sum of 
$50,000. 

Which amendment was lost. 

The original motion was then carried unanimously. 

Mr. Price moved that the chairmen of the respective commis- 
sions be appointed a committee to draw up the final agreement in 
accordance with the proposition already adopted. 

Which motion prevailed. 

The Committee on Public Records presented the following 
report: 



Appendix "B." 17 



Bismarck, July 24, 1889. 

To the ydnt Commission of North and South Dakota: 

Gentlemen: Your sub-committee appointed to suggest an agreement for 
disposition of the archives, records and books of the territory, as provided in 
sections 5 and 6 of the Enabling Act, would respectively recommend. 

First. That certain records as herein indicated should be transcribed — the 
originals to be allotted to one of the States and the copies to the other, by such 
arrangement as may be arrived at by the commission. 

Second. That such books, files, etcetera, as refer particularly to either sec- 
tion shall be allotted to that section where a division of said files is possible. 

Third. That in case of files, correspondence, etc., which shall refer to the 
two sections in general, such files, correspondence, etc., shall be grouped in con- 
venient lots and said groups to be selected from by the respective sections alter- 
nately, the first choice to be determined by lot. 

Fourth. .That where transcription is recommended, the expense thereof 
shall be divided equally between the two sections. 

Fifth. The more particular details as to this agreement are given below. 

RECORDS TO BE TRANSCRIBED. 

secretary's office. 

Two Volumes Railroad Deeds, Mortgages and Leases. 

Twenty-seven Volumes Foreign and Domestic Incorporation Records. 

Three National Commission Records. 

One General Executive Record. 

One Record of Appointment. 

One Record of Elections. 

auditor's office. 

Six Volumes Appropriation Records (Ledgers.) 

One Volume Executive Record. 

One Volume Insurance Record, 1889. 

Articles of Incorporation Domestic and Foreign Insurance Companies. 

treasurer's office. 
Three Cash Books. 
Gne Journal. 
Two Ledgers. 

Two old U>oks — Journal and Cash book and Ledger. 
One Bond Register. 

governor's office. 

One Requisition Record. 
One Executive Record. 

adjutant general's office. 
Record Books. 

supreme court records 
Record Books. 

TO BE DISTRIBUTED ACCORDING TO LOCALITY. 

secretary's office. 

Election Returns — Constitutional Conventions and Local Option. 

Applicatibn Bonds, Notarial Commissions. 

Enrolled Bills, Local, Application. 

Application for Pardons. 

Articles of Domestic Incorporation. 

Papers Relating to the Organization of Counties. 

3 



i 



18 Appendix "B." 



auditor's office. 

Vouchers of Local Application. 

One Bond Register, County BondSi South Dakota^ 

treasurer's office. 

One Warrant Register, to go to North Dakota. 

Letters to be Divided by Counties, and Vouchers and Receipts the same. 

Bonds Coupons Paid. 

Railroad Report of Gross Earnings. 

Cancelled Bonds, South Dakota. 

PUBLIC examiner. 

Records to go to Sections where Located. 

BOARD OF AGRICULTURE. * 



Records. 

Records. 

Records. 

Census Returns. 
Requisition Papers. 



DENTAL EXAMINERS. 

BOARD OF PHARMACY. 

governor's OFFICE. 



COMMISSIONER OF IMMIGRATION. 

Nothing. 

TO BE DIVIDED BY LOT. 
secretary's office. 

No. I. Correspondence, including letter files and letter books. 

No. 2. Bills introduced in Legislature to date. House and Council JoumaU 
and Bill Books. 

No. 3. Enrolled Bills of General Application. 

No. 4. Application and Affidavits of Foreign Loan and Building Associa- 
tions. 

No. 5. Proclamations of Governors. 

No. 6. Oath of Office, Commissioner of Deeds. 

No. 7. Oaths and Bonds of Territorial Officials. 

No. 8. Articles, Foreign Incorporations. 
■ No. 9. Articles not specified. 

governor's office. 

No. 8>^. Two Volumes Visitor's Registers. 

No. g}i. Official Correspondence, letter files and letter books. 

No. io>4' Lincoln Memorial. 

No. 1 1 >^ . Articles not specified. 

auditor's office. 

No. 10. Warrant Register. 

No. 1 1 . Warrant Stubs and Redeemed Warrants. 
No. 12. Vouchers other than tho«e of local origin. 
No. 13. Six Volumes Insurance Records. 
No. 14. Letter Files and Letter Books. 

No. 15. Abstract of Assessment Roll (one copjr is with Auditor and the 
other is with Treasurer). 

No. 16. Annual Statements and Correspondence with Insurance Companies. 



Appendix "B." 19 



TREASURER'S OFFICE. 

No. 17. Two Warrant RegisterR with Auditor's Receipts. 

No. 18. Five Letter Books. 

No. 19. Stub Receipts given for Railroad and other funds paid in. 

ATTORNEY GENERAL's OFFICE. 

No. 30. Letters and Papers. 

No. 21. Commissioner of Immigration, Letters and Papers. 

VETERINARY SURGEON. 

No. 22. Letters and Papers. 

RAILROAD COMMISSIONERS. 

No. 22. Letters and Papers. 

BOARD OF HEALTH. 

No. 23. Letters and Papers. 

ADJUTANT general's OFFICE. 

No. 24. Correspondence, Etcerera. 

Respectfully submitted. 

Harvey Harris, 
E. W. Caldwell, 

Committee. 

Action on the report was postponed until Monday morning and 
was referred back to the committee with instructions to report as 
to what books are necessary to be copied. 

The respective sections of the Joint Commission proceeded to 

Erepare sealed bids for the Public Library which, when opened 
y the secretaries, were as follows: 

The bid of South Dakota for the undivided half of the Territorial Library is^ 
$4,000. 

A. G. Kellam, 

Chairman. 

The North Dakota Commission value the Public Library at $1,500 and will 
pay South Dakota $750 for her half interest. 

Edgar Camp, 

Chairman. 

Commission adjourned to meet meet Monday, July 29. 



BisMABCK, July 29. 

Commission was called to order by Mr. Camp. 
The Committee on Final Agreement was not ready to report 
and the Commission adjourned to meet at 10 a. m., July 30. 



BiSMABOK, July 30. 

Commission met with Major Kellam in the chair. 
All members were present 

The Committee on Records made the following report accord- 
ing to instructions of July 29: 



4 



20 Appendix "B." 



BiSMARCKf D. T., July 29, 1889. 

Gentlemen of the Joint Commission: Your sub-committee to whom 
was referred the duty of making a list of such records in the several territorial 
offices as in their judgment were necessary for the respective states to have in 
their possession in order that the officers thereof could commence business, beg 
leave to report as follows: 

In our judgment the records referred to are to be found in the offices of the 
Auditor and Treasurer. 

In the Auditor's office there is the Current Appropriation Ledger, which 
contains not only the appropriations made by the last Legislature, but also the 
balances of previous appropriations, and it therefore shows the condition of every 
account up to date. There is also in said office a Warrant Register, in which the 
more recent warrants, covering a period of probably three years, have been en- 
tered in numerical sequence. This book may be said to be the Journal of the 
final transactions of the office and is the book of original entry. In addition to 
showing the number, date, payee and purpose of each warrant, it shows also its 
date of cancellation. In the insurance department of the Auditor's office there is a 
record showing the names and residences of agents appointed by the several com- 
panies in the different judicial districts of the territory, and as undoubtedly each 
state will be required to know who is authorized to represent any particular com- 
pany, the transcription of this book would be necessary even though its applica- 
tion can cover only two months of statehood existence, as it expires December 
31. From the same department your committee would also recommend that 
there be produced a list of insurance companies entitled to do business in the 
several judicial districts of the respective states. This information is nowhere 
collated in such form that transcription would supply the desired information. 
It is our judgment that copies of the volumes referred to above would enable the 
Auditor's office of either State to inaugurate business in its several departments. 

In the Treasurer's office there are the following records which we would 
recommend should be transcribed : The ledger showing the receipts and expendi- 
tures of the several bond funds and the general funds of the territory. Also the 
ledger showing the <:harges against the several counties by reason of the assess- 
ments made upon property therein during recent years, and showing likewise the 
payments made by said counties upon such assessments. Also one cash book 
showing detailed receipts and expenditures during recent years. Also one gen- 
. eral bond register, giving the purpose for which bonds have been issued, with their 
dates, denominations, etc. Respectfully submitted, 

Harvey Harris, 
E. W. Caldwell, 

Committee. 

The followiiig proposition was submitted by Major Kellam: 

This Commission shall agree upon a division of all records, files and books 
not already provided to be copied, in manner following, to- wit: 

All records and files pertaining exclusively to institutions in South Dakota 
shall be the property of South Dakota, and all records and files pertaining exclu- 
sively to institutions in North Dakota shall be the property of North Dakota. 

All other records, etc., not provided to be copied or divided as above shall be 
divided and g^rouped into two lots, as nearly of equal importance and value as 
possible, but so that the records of no office shall be divined by such grouping. 
Each State to have one of such two groups, to be determined by lot by this Com- 
mission. 

All records shall remain at the Capitol of North Dakota. South Dakota 
may at any time take possession of such of the records and files as under this 
agreement become the property of South Dakota, giving North Dakota reasonable 
time to make copies or abstracts thereof. 

If either State requires copies or abstracts of the records which under this 
agreement go to the other State, the expense thereof shall be borne equally by the 
two States. 



r 



Appendix "B." 21 



It shall be determined by lot which State shall take the originals and which 
the copies of such records as are arranged by this Commission to be copied. 

Mr. Caldwell moved that the books and records recommended 
in the report of the committee be copied. 
Carried unanimously. 

After discussion of the proposition presented by Major Kellam, 
the Commission adjourned to meet at 2 p. m. 

AFTERNOON SESSION. 

Major Kellam in the chair. 

All members present. 

The proposition submitted at the morning session by Mr. Kel- 
lum was reread and Mr. Caldwell moved that the plan proposed 
in the proposition be adopted. 

Adopted. 

Messrs. Griggs, Harris, Scott and Price voting no. 

All others aye. 

The committee on records reported that they had divided the 
books and records according to the plan proposed, into two lots, 
as follows: • 

First Lot, The books, records and papers in the Governor's and 
Secretary's oflBce. 

Lot Two, The books, records and papers of all other offices of 
the territory, as follows, to-wit: Auditor's office, Treasurer's office. 
Attorney General's office, Railroad Commissioners's office. Com- 
missioner of Immigration, Superintendent of Public Instruction, 
Veterinary Surgeon's office, Adjutant General's office. Supreme 
Court records and Board of Health. 

Mr. Elliott moved that the report be adopted. 

Carried unanimously. 

Moved by Mr. Caldwell that Mr. Hayden, one of the secretaries 
draw lots for first choice. 

Carried unanimously. 

The drawing resulted in first choice for North Dakota. 
North Dakota Commission chose Lot No. 1, consisting of books, 
papers and records in the offices of Governor and Secretary. 

On motion of Mr. Caldwell the matter of division of records, 
books and files as decided by the Commission, was referred to the 
committee appointed to prepare the articles of agreement to be 
incorporated therein. 

The Committee on Military Property submitted a verbal report, 
presenting reports of the officers having charge of military sup- 
plies, giving the amount, location and estimated value of the same, 
and the committee stated that it appeared from said report that 
the supplies were very nearly equally distributed between North 
Dakota and South Dakota. 

The committee recommend that the supplies already distributed 
to the militia remain at the present location and become the prop- 



22 Appendix "B." 



erty of the State in which said property is located, and farther 
recommended that the property stored at the Capitol consisting of 
944 50-calibre rifles, 80 45-calibre rifles, 35,000 rounds of SO-calibre 
ammunition, 35,000 rounds of 45-calibre ammunition, 12,000 rifle 
balls, one case (10) cadet rifles, be equally divided between the 
States of North Dakota and South Dakota. 

The report was referred to the Committee on Final Agreement. 

The articles of agreement so far as prepared were read and dis- 
cussed. After some minor changes and recommendations the re- 
port was referred back to the committee for revision and final 
completion. 

Mr. Camp moved that Mr. Caldwell and Mr. Purcell be appointed 
a committee to draft articles to be presented to the respective 
Conventions for insertion in the Constitution of the respective 
States. 

Unanimously carried. 

Adjourned to meet at 11 a. m., July 31. 



« BiSMABCK, July 31. 

Mr. Camp in the chair. 

Members all present. 

Committee on Agreement read the additional articles prepared, 
which after a few verbal changes, were agreed upon. 

The committee to prepare the articles for the Constitutions sub- 
mitted a draft of their report, which after discussion, was referred 
back to them to be completed. 

Mr. Kellam introduced the following resolution : 

Resolved^ That when this Joint Commission adjourns it adjourn to meet at the 
joint call of the chairman of the respective committees composing this Joint 
Commission; the time and place of such meeting to be determined by the said 
chairmen and announced in the call. 

Adopted. 

Adjourned to meet at 3.30 p. m. 



BiSMABCK, July 31, 2.30 p. m. 

Mr. Camp in the chair. 
The members all present 

The final agreement as prepared by the Commission was sub- 
mitted, as follows: 

WnKRKAs, By an act of Congress approved February 22, 1889, entitled "An 
Act to provide for the division of Dakota into two States, and to enable the peo- 
ple of North Dakota, South Dakota, Montana and Washington to form Constitu- 
tions and State governments and to be admitted into the Union on an equal 
footing with the original States, and to make donations of public lands to such 
States,** it was among other things provided that when the Constitutional Con- 
vention for North Dakota and the Constitutional Convention for South Dakota, 
which by said act were duly provided for and authorized, should assemble and 



Appendix "B." 28 



organize as in said act provided, it should be and become the duty of said Con- 
ventions respectively to appoint a Joint Commission to be composed of not less 
than three members of each Convention, whose duty it should be to assemble at 
Bismarck the present seat of government of said Territory, and ae^ree upon an 
equitable division of all property belonging to the Territory of Dakota, the dis- 
position of all public records, and also, to adjust and agree upon the amount of 
the debts and liabilities of the Territory, which shall be assumed and paid by 
each of the proposed States of North Dakota and South Dndota ; and 

Whereas, The said Constitutional Conventions of North Dakota and South 
Dakota having been duly elected and assembled and organized in pursuance of 
and as provided in said act, did, as therein required and provided for the purposes 
therein specified, appoint a Joint Commission, consisting of not less than three 
members of each Convention, to- wit: Seven members of each Convention as 
follows, to-wit : 

E. W. Camp ,B. F. Spalding, Alex. Griggs, Andrew Sandager, W. E. Purcell, 
Harvey Harris and J. W. Scott appointed by the Convention of North Dakota; 
and A. G. Kellam, V. T. McGillvcuddv, Henry Neill, E. W. Caldwell, William 
Elliott, Charles H. Price and S. f . Brott, appointed by the Convention of South 
Dakota, and 

Whereas, The said Joint Commission so appointed and composed having 
duly assembled at Bismarck, as by said act provided, and being now and here so 
assembled, and having as such Joint Commission duly and carefully con<iidcred 
the several matters which by said act arc referred to them for disposition and 
agreement, do now adopt and confirm the following agreement, compact and 
Convention, that is to say : 

I. 

This agreement shall take effect and be in force from and after the admission 
into the Union as one of the United States of America, of either of the State of 
North Dakota or the State of South Dakota. 

II. 

The words "State of North Dakota" wherever useh in this agreement, shall 
be taken to mean the Territory of North Dakota in case the State of South Da- 
kota shall be admitted into the Union prior to the admission into the Union of 
the State of North Dakota ; and the words "State of South Dakota" wherever 
used in this agreement shall be taken to mean the Territory of South Dakota in 
case the State of North Dnkota shall be admitted into the Union prior to the 
admission into the Union of the State of South Dakota. 

III. 

Upon the taking effect of this agreement all the right, title, claim and interest 
of the Territory of Dakota in and tu any public institutions, grounds or buildings 
situate within the limits of the proposed State of North Dakota as such limits are 
defined in said Act of Cong^ress, shall vest in said State of North Dakota ; and 
said State of North Dakota shall assume and pay all bonds issued by the 
Territory of Dakota to provide funds for the purchase, construction, repairs or 
maintenance of such public institutions, grounds or buildings, and shall pay all 
warrants issued under and by virtue of that certain act of the Legislative As- 
sembly of the Territory of Dakota approved March 8, 1889, entitled "An Act to 
provide for the refuncfing of outstanding warrants drawn on the Capitol Building 
F und." 

IV. 

Upon the taking effect of this agreement, all right, title, claim and interest of 
the Territory of Dakota in and to any public institutions, grounds or buildings, 
situate withm the limits of the proposed State of South Dakota as defined in said 
act of Congress, shall vest in said State of South Dakota. And said Slate of 
South Dakota shall assume and pay all bonds issued by the Territory of Dakota 
to provide funds for the purchase, construction, repairs or maintenance of such 
public institutions, grounds or buildings. 



24 Appendix "B." 



V. 

That is to say: The State of North Dakota shall assume and pay the follow- 
ing bonds and indebtedness, to- wit: 
Bonds issued on account of the Hospital for Insane at Jamestown, 

North Dakota, the face aggregate of which is $266,ocx> oo 

Bonds issued on account of the North Dakota University at Grand 

Forks, North Dakota, the face aggregate of which is 96,700 00 

Bonds issued on account of the Penitentiary at Bismarck, North 

Dakota, the face aggregate of which is 93i6oo 00 

Refunding Capitol Building Warrants dated April i, 1889 83,507 46 

And the State of South Dakota shall assume and pay the following bonds 
and indebtedness, to- wit: 

Bonds issued on account of the Hospital for the Insane at Yankton, 

South Dakota, the face aggregate of which is $ 210,000 00 

Bonds issued on account of the School for Deaf Mutes at Sioux 

Falls, South Dakota, the face aggregate of which is S^iCXX) 00 

Bonds issued on account of the University at Vermillion, South 

Dakota, the face aggregate of which is 75,000 00 

Bonds issued on account of the Penitentiary at Sioux Falls South 

Dakota, the face aggregate of which is 94f3oo 00 

Bonds issued on account of the Agricultural College at Brookings, 

South Dakota, the face aggregate of which is 97»Soo 00 

Bonds issued on account of the Normal School at Madison, South 

Dakota, the face aggregate of which is 49»4<^ 00 

Bonds issued on account of the School of Mines at Rapid City, 

South Dakota, the face aggregate of which is 33»ooo 00 

Bonds issued on account of the Reform School at Plankington, 

South Dakota, the face aggregate of which is 30,000 00 

Bonds issued on account of the Normal School at Spearfish, South 

Dakota, the face value of which is 35,000 00 

Bonds issued on account of the Soldiers' Home at Hot Springs, South 

Dakota, the face aggregate of which is 45)000 00 

VI. 

Each State shall receive all unexpended balances of the proceeds of the bonds 
which it so assumes, whether such balances have been covered back into the 
treasury or not. 

' VII. 

All furniture, fixtures, provisions, appurtenances and appliances, tools, im- 
plements and other moveable property of the Territory of Dakota, situate in or 
used in connection with any of said public institutions, grounds or buildings, shall 
become and be the property of the State or Territory in which such grounds, 
buildings or institutions may be situated, except as herein otherwise specifically 
provided. 

VIII. 

In case of loss in whole or part of any of the property of the Territory of 
Dakota prior to the taking effect of this agreement, the state in which such prop- 
erty would have vested if the same had not been destroyed, or in which such 
property so injured shall vest, shall receive any sums payable upon policies of 
insurance issued upon such property ; and if loss not covered by insurance occurs 
on any of such property would vest on the taking effect of this agreement. 

IX. 

Upon the taking effect of this agreement, all unearned premiums of insur- 
ance shall vest in the State or Territory in which the property insured thereby 
shall vest. 



Appendix *'B." 25 



X. 

The States of North Lakota and South Dakota shall pay one-half each of all 
liability now existing or hereafter and prior to the taking efi^ct of this agreement 
incurred, except those heretofore or hereafter incurred on account of public insti- 
tutions, grounds, or buildings, except as otherwise herein specifically provided. 

XI. 

Each of said States shall succeed to all rights of the Territory of Dakota 
upon contracts for public works within such State or upon bonds given to secure 
the performance of such contracts. 

XII. 

All other bonds issued prior to the taking effect of this agreement upon which 
a cause of action has or shall prior to the taking effect of this agreement accrue 
to the Territory of Dakota shall be sued upon by the State of North Dakota, and 
it is hereby made the duty of the said State to sue thereon, and one-half of the 
penalities or damages collected by said state thereon shall be paid over to the 
other State, and the costs of such suit or collection shall be borne equally by 
said States, save as it may be necessary to applv such proceeds otherwise in order 
to carry into effect the provisions of Article X^CI of this agreement. 

XIII. 

The furniture, fixtures, appliances and appurtenances used in and about or 
pertaining to the public offices of the Territory shall be the property of the State 
within the proposied limits of which said offices are now kept. 

XIV. 

The Territorial Library, including such books and volumes as may be added 
thereto prior to the taking effect of this agreement, shall be the property of the 
State of South Dakota. 

XV. 

One-half of all the copies of the Compiled Laws of the Territory of Dakota, 
Revised Codes and of all Session Laws, printed Journals of the' House and 
Council of the Legislative Assembly of said Territory, and of other printed re- 
ports of officers of the Territory (except those composing a part of said library), 
remaining undistributed or uncfisposed of according to law at the taking effect of 
this agreement, shall be delivered on demand to the proper authorities of the 
SUte of South Dakota. 

XVI. 

All arms, ammunition, quartermaster's and ordnance stores distributed to 
and now in possession of militia companies of the Territory of Dakota shall re- 
main in their possession, and all the right, title and interes't of the Territory of 
Dakota in and to such arms, ammunition and stores shall vest in the State in 
which the armories or headquarters of such companies shall be situated. AH 
45-CAlibre rifles and ammunition of same calibre, stored in Capitol at Bismarck 
and all 45-cal8bre rifles heretofore issued to Company **F" First Regiment at 
Bismarck, shall be the property of North Dakota. 

XVII. 

All other arms, ammunition, quartermaster's and ordnance stores shall be 
equally d ivided between the States of South Dakota and North Dakota. 

XVIII. 

All other items of personal property and miscellaneous effects belonging to 
the Territory, except the territorial library, and the territorial records and archives, 
shall be divided as nearly equally as possible between North and South Dakota. 

XIX. 

The State of South Dakota shall pay to the State of North Dakota $46,500, 
on account of the excess of territorial appropriations for the permanent improve- 

4 



26 Appendix "B." 



ment of territorial institutions which under this agreement will go to South 
Dakota, and in full of the undivided one-half interest of North Dakota in the ter- 
ritorial library, and in full settlement of unbalanced accounts, and of all claims 
claims against the Territory, of whatever nature, legal or equitable, arising out of 
the alleged erroneous or unlawful taxation of Northern Pacific Railroad lands, 
and the payment of said amounts shall discharge and exempt the Stite of South 
Dakota from all liability for or on account of the several matters hereinbefore re- 
ferred to, nor shall either State be called upon to pay or answer to any portion of 
liability hereafter arising or accruing on account of transactions heretofore had, 
which liability would be a liability of the Territory of Dakota had such territory 
remained in existence, and which liability shall grow out of matters connected 
with any public institution, grounds or buildings of the territory situate or located 
within the boundaries of the other State. 

XX. 

Neither State shall pay any portion of liability of the Territory arising out 
of erroneous taxation of property situated in the other State. 

XXI. 

A final adjustment of accounts shall be made upon the following basis: 
North Dakota shall he charged with all sums paid on account of the public in- 
stitutions, grounds or buildings located within its boundaries on account of the 
current appropriations since March 8, 1889, and South Dakota shall be charged 
with all sums paid on account of public institutions, grounds or buildings located 
within its boundaries on the same account and during the same time. Each 
State shall be charged with one-half of ali other expenses of the Territorial gov- 
ernment during the same time. All moneys paid into the treasury during the 
period from March 8, 1889, to the time of taking effect of this agreement by any 
county, municipality or person within the limits of the proposed State of North 
Dakota shall be credited to North Dakota; and all such sums paid into said treas- 
ury within the same time by any county, municipality or person within the limits 
of the proposed State of South Dakota shall be credfted to the State of South 
Dakota; except that any and all taxes on gross earnings paid into said treasury by 
railroad corporations since the 8th day of March, 1889, based upon the earnings of 
years prior to 1888, under and by virtue of the Act of the Legislative Assembly 
of the Territory of Dakota, approved March 7, 1889, and entitled "An Act pro- 
viding for the levy and collection of taxes upon property of railroad companies in 
this Territory," being Chapter 107 of the Session Laws of 1889 (tha*^ is, the part 
of such sum going to the Territory), shall be equally divided between the States of 
North Dakota and South Dakota; and all taxes heretofore or hereafter paid into 
the treasury under and by virtue of the Act last mentioned, based on the gross 
earnings of the year 1888, shall be distributed as already provided by law, except 
that so much thereof as goes to the Territorial Treasury shall be divided as fol- 
lows: North Dakota shall have so much thereof as shall be or has been paid by 
railroads within the limits of the proposed State of North Dakota, and South Da- 
kota so much thereof as shall be or has been paid by railroads within the limits of 
the proposed State of South Dakota. Each State shall be credited, also, with all 
balances of appropriations made by the Seven teeth Legislative Assembly of the 
Territory of Dakota, for the account of the public institufions, grounds or build- 
ings located within its limits remaining unexpended on March 8, 1889. If there 
shall be any indebtedness except the indebtedness represented by the bonds and 
refunding warrants hereinbefore mentioned, each State shall at the time of such 
final adjustment of accounts, assume its share of said indebtedness as determined 
by the amount paid on account of the public institutions, grounds or buildings of 
such state in excess of the receipts from counties, municipalities, railroad corpora- 
tions or persons within the limits of said State as provided in this article; and if 
there should be a surplus at the time of such final adjustment, each state shall be 
entitled to the amount received from counties, municipalities, railroad corpora- 
tions or persons within its limits, over and above the amount charged to it. 

XXII. 

The payment from South Dakota to North Dakota shall be made by South 



Appendix "B." 27 



Dakota^s assuming North Dakota*s share of current liabilities at the time of final 
adjustment, to the extent of South Dakota^s indebtedness under this agreement, 
to North Dakota ; and if any balance shall remain due to North Dakota from 
South l^akota, payment of said balance shall be provided for b^ the first Legisla- 
ture of South Dakota. 

XXIII. 

Upon the taking effect of this agreement all claims for taxes due the Terri- 
tory of Dakota shall become the property of and may be collected by the State 
or Territory within the limits whereof the counties arc situate against which such 
taxes stand charged upon the Territorial Treasurer's books. 

But this article shall not be held to refer to or govern the disposal of any 
taxes to be paid by railroad corporations which are specifically provided for by 
Article XXI. hereof. 

XXIV. 

All other cLiims and demands of the Territory of Dakota outstanding when 
this agreement shall take effect, the collection whereof is not hereinbefore pro- 
vided for, shall be sued upon and collected by the SUite of South Dakota, and the 
costs of suits so brought and the amounts collected shall be divided equally be- 
tween the two States of North Dakota and South Dakota. 

And said Commission so assembled and acting under and by virtue of the 
authority upon it by said Act of Congress conferred, further agrees as follows: 

I. 

The following books, records and archives of the Territory of Dakota shall 
be the property of North Dakota, to- wit: All records, books and archives in the 
offices of the Governor and Secretary of the territory (except records of Articles 
of Incorporation of Domestic Corporations, returns of election of Delegates to 
the Constitutional Convention of 1889 for South Dakota, returns of elections 
held under the so called Local Option Law, in counties within the limits of South 
Dakota, bonds of Notaries Public appointed for counties within the limits of 
South Dakota, papers relating to the organization of counties situate within the 
limits of South Dakota, all which records and archives are a part of the records 
and archives of said secretary's office; excepting also Census returns from counties 
situate within the limits of South Dakota and papers relating to requisitions 
issued upon the application of officers of counties situate within the limits of 
South Dakota, all which are a part of the records and archives of said Governor's 
office). And the following records, books and archives shall also be the property 
of the State of North Dakota, to- wit: 

Vouchers in the office or in the custody of the Auditor of this Territory re- 
lating to expenditures on account of public institutions, grounds or buildings sit- 
uate within the limits or North Dakota. One Warrant Register in the office of 
the Treasurer of this Territory— being a record of warrants issued under and by 
virtue of Chapter 24 of the laws enacted by the Eighteenth Legislative Assembly 
of Dakota Territory: All letters, receipts and vouchers in the same office now 
filed by counties and pertaining to counties within the limits of North Dakota. 
Paid and canceled coupons in the same office representing interest on bonds which 
said State of North Dakota is to assume and pay. Reports of gross earnings of 
the year i888 in the same office, made by corporations operating lines of railroads 
situated wholly or mainly within the limits of North Dakota. Records and pa- 
pers of the ofKce of the f'ublic Examiner of the Second District of the Territory. 
Records and papers of the office of the District Board of Agriculture. Records 
and papers in the office of the Board of Pharmacy of the District of North 
Dakota. 

All records, books and archives of the Territory of Dakota which it is not 
herein agreed shall be the property of North Dakota, shall be the property of 
South Dakota. 

The following books shall be copied and the copies shall be the property of 
North Dakota and the cost of such copies shall be borne equally by said States of 
North Dakota and South Dakota. That is to say : 



28 Appendix "B." 



Appropriation Ledger for years ending ending November 1889-90 — one 
volume. 

The Current Warrant Auditor's Register — one volume. 

Insurance Record for 1889 — one volume. 

Treasurer's Cash Book— "D.'' 

Assessment Ledger — "B." 

Dakota Territory Bond Register — one volume. 

Treasurer's Current Ledger — one volume. 

The originals of the foregoing volumes which arc to be copied shall at any 
time after such copying shall have been completed, be delivered on demand to 
the proper authorities of the State of South Dakota. 

All other records, books and archives which it is hereby agreed shall be the 
property of South Dakota, shall remain at the Capital of North Dakota until de- 
manded by the Legislature of the State of South Dakota and until the State of 
North Dakota shall have had a reasonable time after such demand is made to 
provide copies or abstracts of such portions thereof as the said State of North 
Dakota may desire to have copies or abstracts of. 

The State of South Dakota may also provide copies or abstracts of such 
records, books and archives which it is agreeed shall be the property of North 
Dakota as said State of South Dakota shall desire to have copies or abstracts of. 

The expense of all copies or abstracts of records, books and archives which 
it is herein agreed may be made, shall be borne equally by said two states. 

• II. 

And this Commmission further agrees that the two committees composing 
the same shall recommend to tlieir respective Conventions for adoption as a part 
of the schedule of the proposed Constitution for the State of North Dakota and 
the State of South Dakota respectively, the following: That is to say: 

"The agreement made by the Joint Commission of the Constitutional Con- 
ventions of North and South Dakota concerning the records, books and archives 
of the Territory of Dakota is hereby ratified and confirmed, which agreement is 
in the words following. That is to say :" (And then shall follow the words of 
the article last above written.) 

In testimony and confirmation whereof, the said Joint Commisfion now as- 
sembled and acting as such, has caused this agreement to be signed and executed 
by and on its behalf and as its act and deed, and witnessed by .the names hereto 
by each subscribed of the members comprising said Joint Commission as herein- 
before recited. 

Done at Bismarck, Dakota, this 3lst day of July, A. D. 1889. 

E. W. Camp, A. G. Krllam, 

Burleigh F. Spalding, V. T. McGillycuddv, 

Alex Griggs, Henry Neill, 

Andrew Sandager, E. W. Caldwell, 

W. E. PtRCELL, W. Elliott, 

Harvey Harris, Charles H. Price, 

John W. Scott, S. F. Brott. 

On motion this agreement was adopted by the following vote 
in the affirmative: Messrs. Camp, Spalding, Griggs, Sandager, 
Purcell, Harris, Scott. Kellam, McGiUycuddy, NeUl, Caldwell, 
ElUiott, Price and Brott. 

It was moved and seconded that the members do now sign this 
agreement 

Which motion was adopted. 

All the members voting in the affirmative. 

And thereupon the members procee<led to sign the same. 
The report of the committee appointed to prepare articles to be 
presented to the respective Conventions of North and SouUi Da- 



Appendix "B." 29 



kota, to be incorporated in the Constitutions of each State report 
as follows: 

ARTICLE 

TERRITORIAL DEBTS AND LIABILITIES. 

Section x. In order that payment of the debts and liabilities contracted or 
incurred by and in behalf of the Territory of Dakota may be justly and equitably 
provided ror and made, and in pursuance of the requirements of an act of Con- 
gress approved February 22, 1889, entitled "An Act to provide for the division 
of Dakota into two states and to enable the people of North Dakota, South Da- 
kota, Montana and Washington to form constitutions and state governments and 
to be admitted into the Union on an equal footing with the original states, and to 
make donations of public lands to such states,'* the states of North Dakota and 
South Dakota, by proceedings of a Joint Commission, duly appointed under said 
act, the sessions whereof were held at Bismarck in said state of North Dakota, 
from July 16, 1889, to July 31, 1889, inclusive, have agreed to the following 
adjustment of the amounts of the debts and liabilities of the Territory of Dakota 
which shall be assumed and paid by each of the States of North Dakota and 
South Dakota, respectively, to-wit: 

1. This agreement shall take effect and be in force from and after the ad- 
mission into the Union, as one of the United States of America, of either the 
State of North Dakota or the State of South Dakota. 

2. The words "State of North Dakota" wherever used in this agreement, 
shall be taken to mean the Territory of North Dakota in case the State of South 
Dakota shall be admitted into the Union prior to the admission into the Union of 
the State of North Dakota; and the words "State of South Dakota," wherever 
used in this agreement, shall be taken to mean the Territory of South Dakota in 
case the State of North Dakota shall be admitted into the Union prior to the ad- 
mission into the Union of the State of South Dakota. 

Sec. 2. The said State of North Dakota shall assume and pay all bonds issued 
by the Territory of Dakota to provide funds for the purchase, construction, repairs 
or maintenance of such public institutions, grounds or buildings as are located 
within the boundaries of North Dakota, and shall pay all warrants issued under 
and by virtue of that certain act of the Legislative Assembly of the Territory of 
Dakota, approved March 8, 1889, entitled "An Act to provide for the refunding 
of outstanding warrants drawn on the Capitol Building fund." 

Sec. 3. The said State of South Dakota shall assume and pay all bonds issued 
by the Territory of Dakota to provide funds for the purchase, construction, repairs 
or maintenance of such public institutions, grounds or buildings as are located 
within the boundaries of South Dakota. 

Sec. 4. That is to say : The State of North Dakota shall assume and pay 
the following bonds and indebtedness, to-wit: 

Bonds issued on account of the Hospital for Insane at Jamestown, North 
Dakota, the face aggregate of which is $266,000; also, bonds issued on account 
of the North Dakota University at Grand Forks, North Dakota, the face aggre- 
gate of which is $96,700; also, bonds issued on account of the Penitentiary at 
Bismarck, North Dakota, the face aggregate of which is $93,600; also, refunding 
Capitol Building warrants dated April i, 1889, $83,50746. 

And the State of South Dakota shall assume and pay the following bonds 
and indebtedness, to-wit: 

Bonds issued on account of the Hospital for the Insane at Yankton, South 
Dakota, the face aggregate of which is $210,000; also, bonds issued on account of 
the School for Deaf Mutes, at Sioux Falls, South Dakota, the face aggregate of 
which is $51,000; alio, bonds issued on account of the University at Vermillion, 
South Dakota, the face aggregate of which is $75,000; also, bonds issued on ac- 
count of the Penitentiary at Sioux Falls, South Dakota, the face aggregate of 
which is $94,300; also, bonds issued on account of the Agricultural College, at 
Brookings, South Dakota, the face aggregate of which is $97,500; also, bonds is- 
sued on account of the Normal School at Madison, South Dakota, the face aggre- 
gate of which is $49400; also, bonds issued on account of the School of Mines at 



30 Appendix "B." 



Rapid City^ South Dakota, the face aggregate of which is $33,000; also, bonds is- 
sued on account of the Reform School at Plankinton, South Dakota, the face ag- 
gregate of which is $30,000; also, bonds issued on account of the Normal School 
at Spcarfish, South Dakota, the face aggregate of which is $25,000; also, bonds 
issued on account of the Soldiers' Home at Hot Springs, South Dakota, the face 
aggregate of which is $45,000. 

Sec. 5. The States of North Dakota and South Dakota shall pay one-half each 
of all liabilities now existing or hereafter and prior to the taking effect of this agree 
ment incurred, except those heretofore or hereafter incurred on account of public 
institutions, grounds or buildings, except as otherwise herein specifically provided. 

Sec. 6. The State of South Dakota shall pay to the State of North Dakota 
$46,500, on account of the excess of Territorial appropriations for the permanent 
improvement of territorial institutions which under this agreement will go to 
South Dakota, and in full of the undivided one-half interest of North Dakota in 
the territorial library, and in full settlement of unbalanced accounts, and of all 
claims against the territory, of whatever nature, legal or equitable, arising out of 
the alleged erroneous or unlawful taxation of Northern Pacific railroad lands, and 
the payment of said amount shall discharge and exempt the State of South Da- 
kota from all liability for or on account of the several matters hereinbefore re- 
ferred to; nor shall either State be called ujwn to pay or answer to any portion of 
liabilititv hereafter arising or accruing on account of transactions heretofore had, 
which ifability would be a liability of the territory of Dakota had such territory 
remained in existence, and which liability shall grow out of matters connected 
with any public institution, grounds or buildings of the territory situated or located 
within the boundaries of the other State. 

Sec 7. A final adjustment of accounts shall be made upon the following basis : 
North Dakota shall be charged with all sums paid on account of the public 
institutions, grounds or buildings located within its boundaries on account of the 
current appropriations since March 8, 1889; and South Dakota shall be charged 
with all sums paid on account of public institutions, grounds or buildings located 
within its boundaries on the same account and during the same time. Each state 
shall be charged with one-half of all other expenses of the territorial govern- 
ment during the same time. All moneys paid into the treasury during the period 
from March 8, 1889, to the time of taking effect of this agreement by any county, 
municipality or person within the limits of the proposed State of North Dakota, 
shall be credited to the State of North Dakota; and all sums i>aid into said 
treasury within the same time by any county, municipality or person within the 
limits of the proposed State of South Dakota shall be credited to the State of 
South Dakota ; except that any and all taxes on gross earnings paid into said treasury 
bv railroad corporations, since the 8th day of March, 18^, based upon earnings 
oi years prior to 1888, under and by virtue of the act of the Legislative Assembly 
of the Territory of Dakota, approved March 7, 1889, and entitled "An Act pro- 
viding for the levy and collection of taxes upon property of railroad companies 
in this Territory, being Chapter 107 of the Session Laws of 1889 (that is, the 
part of such sum going to the Territory) shall be equally divided between the 
States of North Dakota and South Dakota; and all taxes heretofore or hereafter 
paid into the said treasury under and by virtue of the act last mentioned, based on 
the gross earnings of the year 1888, shall be distributed as already provided by 
law, except that so much thereof as goes to the territorial treasury shall be 
divided as follows: North Dakota shall have so much thereof as shall be or has 
been paid by railroads within the limits of the proposed State of North Dakota, 
and South Dakota so much thereof as shall be or has been paid by railroads 
within the limits of the proposed State of South Dakota; each state shall be 
credited also with all balances of appropriations made by the Seventeenth Legis- 
lative Assembly of the Territory of Dakota for the account of the public institu- 
tions, grounds or buildings situated within its limits, remaining unexpended on 
March 8, 1889. H there shall be any indebtedness except the indebtedness repre- 
sented by the bonds and refunding warrants hereinbefore mentioned, each State 
shall at the time of such final adjustment of accounts, assume its share of said 
indebtedness as determined by the amount paid on account of the public institu- 
tions, grounds or buildings of such State in excess of the receipts from counties. 



Appendix "B." 31 



municipalities, railroad corporations or persons within the limits of said State as 
provided in this article ; and if there should be a surplus at the time of such final 
adjustment, each State shall be entitled to the amounts received from counties, 
municipalities, railroad corporations or persons within its limits over and above 
the amount charged It. 

In Witness Whereof, the members of said Joint Commission have sub- 
scribed their names hereto, this thirty-first day of July, A. D. 1889, at Bismarck, 
Dakota. 

Sec. 2. And the State of North Dakota hereby obligates itself to pay such 
part of the debts and liabilities of the Territory of Dakota as is declared by the 
foregoing agreement to be its proportion thereof, the same as if such proportion 
had Deen onginally created by said State of North Dakota as its own debt or 
liability. 

Sec. 2. And the State of South Dakota herebj' obligates itself to pay such 
part of the debts and liabilites of the Territorv of Dakota as is declared by the 
foregoing agreement to be its proportion thereof, the same as if such proportion 
had been originally created by said State of South Dakota as its own debt or lia- 
bility. 

On motion the report was adopted by the affirmative vote of all 
memberR of the Commission. 

Adjourned to meet at 9 p. m. 



EVENING SESSION. 

Mr. Camp called the Commission to order. 

All of the members were present. 

The articles prepared by the Commission and adopted at the 
afternoon session were presented, and it was moved and seconded 
that the members of the Commission do now sign the same, which 
motion was carried by the unanimous vote of the Commission, 
and the articles were thereupon 8igne<l by the Commission. 

The following resolutions were presented and adopted: 

ResoiveJy That the thanks of this Joint Commission be, and they are hereby 
extended to the Chairmen of the respetive committees, Messrs. Camp and 
Kellam, for their admirable execution of the duties imposed upon them, and par- 
ticularly for their labors in the preparation of the final agreement between the 
two States. 

ResoixH'd, That thanks are likewise extended to the Clerks and Stenographers 
of the Commission for the manner in which their duties have been performed 

The following resolution was presented and adopted unani- 
mously: 

Resolvedy That the thanks of the Commission be extended to Gov. A. C. 
Mellett, for the use of his rooms at the Capitol for meetings of this Commission. 

The journal was then read, corrected and approved. 

On motion the Commission adjourned in accordance with a 



ii INDEX. 



MR. HEGGE-M, 61, 311, 812. 

MR. HOLMES— 819. 321. 

MR. HARRIS-1, 2, «, 19, 31, 114, 311, 322, 327, 337. 338, 340, 3W. 

MR. HOYT— 

MR. LAUDER -19, .'W, 117, 14ti. 16«, 175, 17H. 1K>, 194, 202, 204, 205, 267, 269, 274, 288, 297. 298, 299, 
302. 305, 320, 322, 334, 348. 

MR. LEACH- 287, 327. 

MR. LrN\VELL-40. hfi. 

MR. LC)WELL-41, 49, .19. 192, 315. 

MR, LOHNES-60, m. 

MR. M()ER--1, 17, 20. a."). 114, 123, 149, 152. 158. l.'ifl, UK), 167, 170, 173, 174, 178, 206,207,265,269.278. 
281. 284, 2»i, 290. 295, 2iH 301. :^03, 307, 312, 313. 315, 316, 318, 32t), 327. 333. 836, 343, 345. 346, 400. 

MR. Mt BRIDE 

MR. McKKNZIE-5ii. 

MR. MILLER -6, 8, 12, 27, 31, 38. 41, 43. M, 47. 62, 123, 180, 181, 150. 1,52. 171, 172, 174, 197, 207, 215. 
281. 2H2. aa, 285, 286, 3tti. »J6, 309, 310, 312, 319, 321, 323, 827, 328, 829. 331, 382, 383, 336, 837.839, 
340, 345, 352, 399. 

MR. MEACIIAM- 

MR. MATHEWS -50, 62, 186,202. 

MR. MARRlXAN-327. 

MR. M( HUCiH -3, 5, 62, 121, 122, 123, 145, 1.51, 153, 174, 178, 188, 199, 20.5, 206. 304, 31.5, 321,322. 383. 

MR. NOMLAND— 12fi. 

MR. XOBLE-8. 47, 130, 160, 167, 271. 2H4, 296, 297, 322, 323, 824, 387, 388. 

MR. O'BRIE.V— 

PARSONS, A. S. -1, 6. 7, 27, 31, 4*], 48, 5.5, .58, 63, 114, 120, 124, 151, 170, 174, 202, 203, 205, 286, 275, 
277, 281, 287, 295, 29t), 300, 301, 302. 325, 349, 350. « 

PARSONS, D. P. -23. 27, .50, 126, 146, 172, 270, 271, 314, 336, 339. 
MR. POWLES— 
MR. POWERS- 
MR. PP:TER.S0N— 321. 
MR. PAULSON- 
MR. PURCELL— 3, 5, 15, 16, 19, 113, IttJ, 167, 177, 183, 199, 272, 27.5, 278, 282. 294, 299, 802, 830, 828, 
381, 383, 334, 336, 337. 

MR. POLLOCK-24, 49, 58, 61, 145, 170, 183, 280, 281, 287, 291, 308, 305, 322, 334, 386, 847. 

MR. JOHNSO\-5, 6, 7. 16, 20. 26, 51, 169, 1«7, 198, 202, 274, 275, 279, 281, 284, 286, 804, 807, 821, 
324, 325, 334, .337, 844, 351, 399. 

MR. ROBERTSON— 35, 41, 114, 167. 

MR. RICHARDSON— 16, 35, 114, 173. 

MR. RAY— 

MR. ROWE-2, 6, 23, 60, 154, 172, 179, 265, 280, 295. 

MR. ROLFE-1, 6. 24, 48, 121, 145, 286, 275, 278, 280, 289, 290, 294. 801, 305, 309, 400. 

MR. STEVENS-2, 4, 12, 18. 19, 20, 30, 87, 40, 41, 47, .53, 54, 113, 162, 16.5, 166, 172, 175, 185, 190. 192. 
204. 2'J7, 265, 276, 278, 279, 286, 287, 238. 294, 296, 299, 303, 306, 807, 809, 811, 828, 840. 848. 844, 
349. 



INDEX. iii 



MR. SANDAGER— 119. 
MR. SHUMAN— 
MR. SLOTTEN— 



MR. SPAI.DING-2, ft, 7. 12, 19, 24, ,38, 54, 57, 171, 199. 267, 2»9. 274. 281, 284, 28rt, 289, -294, 29«, 29i», 

300, 301, 802, 303. 305, 318, 319, 320. 331, 334, 349. 

MR. SCOTT— 1, 4, «. 7, 8. 17, 18, 87, 44, 5.5, 02, 130, 132, 159, IJW, 174. 235. 2«ii, 2^7, 2.19, 274, 284, 290, 

301, 304, 305, 30H. 311, 312, 320, 321. 323, 325, 327, 33.'>, 336. 

MR. SELBY— 7, 15, 2rt, 53, 160, im, 175, IHS, 20rt, 269. 288, 290, 299. 300. 

MR. TURXER-12, 64, 145, 146, 277. 295, 3.3. ST)!, 322. 331, 350. 

MR. WILLIAMS— 1, 2, 3, 4, 6, 7, 12, 13, 15. 16, 17, .V). 58. Ii3, 120, 121. 1*23, 124. 132, 145, 148, 160, 
176, 178, 197, 206, 274, 297, 298, 299. 300, 301, M)\ :UU 322, 325, 32J). 327, 328. :i30, 331, 339, 316, 
349, 352, 399. 

MR. WELLWOOD— 46. 

MR. WALL.\CE— .5, 15, 29, 46, 64, 127, IKi, 192. '2fn. 202. 205. 20}j. 282, 301, 302, 312. 319, 34H, 349. 

MR. WHIPPLE— 

PETITIONS AND COMMUNICATION'S— 122, 126, 131, 147, 148, 15!S, 189. 190. 207-215, 270, 271, 
291, 292, 293, 294, 310, 389. 

RESOLUTIONS-.^, 7. 12, 15, 16. 17, 18, 19, 26, 27, 38. 48, 52, 53, .54. .58, 113, 114, 121, 123, 126, 
166, 172, 174, 17.5, 177, 190, 204, 205, 206, 275, 277, 297, 2?w, 301, 303, 312, 319, 324, 337, 339, 349. 

MOTIONS-1, 2, 3, 4, 5, 7, 170, 171, 269, 316, .326, 348. 

REPORTS OF STANDING COMMITTEES— '20, 43, 44, 45, 46, 62, 123, 127, 128, 129, i:iO, 131 
145, 148-150, 157-159, 162-165, 166, 173, 176, 180- 18:^, 187. IKS, 190,191,195-197,^1,216,217, 
811, 340, 3.52, 353. 

REPORTS OF SPECIAL COMMITTEE- -2-18, 4«, 151, 1.59, 340-343. 

COMMITTEE OF THE WHOLE 7, .52, .57, 121, 130, 115, 146, 15.5, 159, IW, 161, 165, 177, 178, 
184, 185, 187, 191, 192, 194, 2G0, 203. 

ORGANIZATION OF THE CON VENTION— 1, 2, 3, 6. 

RULES OF THE CONVENTION- 8 11. 

REPORT OF THE JOINT COMMISSION — 

STA N DING COMMm'EES-13 15. 

JOINT COMMISSION APPENDIX » 1.32. 

OMNinUS IJILL APPENDIX A-1 16. 



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