sacted by a board of county commissioners as is now provided by the laws he territory of Dakota.

SEC. 172. Until the system of county government by the chairmen of the -ral township boards is adopted by any county the fiscal affairs of said county I be transacted by a board of county commissioners. Said board shall conof not less than three and not more than five members, whose terms of office I be prescribed by law. Said board shall hold sessions for the transaction ounty business as shall be provided by law.

SEC. 173. At the first general election held after the adoption of this contion, and every two years thereafter, there shall be elected in each organcounty in the state, a county judge, clerk of court, register of deeds, county itor, treasurer, sheriff and state's attorney, who shall be electors of the ty in which they are elected, and who shall hold their office until their ressors are elected and qualified. The legislative assembly shall provide by for such other county, township and district officers as may be deemed necry, and shall prescribe the duties and compensation of all county, township district officers. The sheriff and treasurer of any county shall not hold r respective offices for more than four years in succession.

ARTICLE XI.

REVENUE AND TAXATION.

SEC. 174. The legislative assembly shall provide for raising revenue suffit to defray the expenses of the state for each year, not to exceed in any year four (4) mills on the dollar of the assessed valuation of all taxable perty in the state, to be ascertained by the last assessment made for state county purposes, and also a sufficient sum to pay the interest on the state

SEC. 175. No tax shall be levied except in pursuance of law, and every law osing a tax shall state distinctly the object of the same, to which only it Il be applied.

SEC. 176. Taxes shall be uniform upon the same class of property, including chises within the territorial limits of the authority levying the tax, and l be levied and collected for public purposes only, but the property of the ted States, and of the state, county and municipal corporations shall be mpt from taxation; and the legislative assembly shall by a general law mpt from taxation property used exclusively for school, religious, cemetery, ritable or other public purposes, and personal property to any amount not eding in value two hundred dollars for each individual liable to taxation; vided, that all taxes and exemptions in force when this amendment is adopted Il remain in force, in the same manner and to the same extent, until otherprovided by statute.11

SEC. 177. All improvements on land shall be assessed in accordance with ion 179, but plowing shall not be considered as an improvement or add to value of land for the purpose of assessment.

SEC. 178. The power of taxation shall never be surrendered or suspended any grant or contract to which the state or any county or other municipal oration shall be a party,

SEC. 179. All taxable property except as hereinafter in this section proed, shall be assessed in the county, city, township, village or district in which s situated, in the manner prescribed by law. The property, including franses of all railroads operated in this state, and of all express companies, ght line companies, dining car companies, sleeping car companies, car equipit companies, or private car line companies, telegraph or telephone companies "Section 176 has been amended twice: the first amendment was proposed and pted by the legislature of 1901, re-adopted by the legislature of 1903, and ratified be election of Nov. 8, 1904. The second amendment was proposed and adopted by legislature of 1911, re-adopted by the legislature of 1913 and ratified at the elecof Nov. 3, 1914. The amendment of 1904 added the following sentence to the final section: The Legislative assembly may further provide that grain grown hin the state and held therein in elevators, warehouses and granaries may be taxed fixed rate.

or corporations operating in this state and used directly or indirectly in the carrying of persons, property or messages, shall be assessed by the State Board of Equalization in a manner prescribed by such state board or commission as may be provided by law. But should any railroad allow any portion of its railway to be used for any purposes other than the operation of a railroad thereon. such portion of its railway, while so used shall be assessed in a manner pro vided for the assessment of other real property.12

SEC. 180. The legislative assembly may provide for the levy, collection and disposition of an annual poll tax of not more than one dollar and fifty cents on every male inhabitant of this state over twenty-one and under fifty years of age, except paupers, idiots, insane persons and Indians not taxed.

SEC. 181. The legislative assembly shall pass all laws necessary to carry out the provisions of this article.

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 neve in the aggregate exceed the sum of $200,000, exclusive of what may be the del of North Dakota at the time of the adoption of this constitution. Every suc debt shall be authorized by law for certain purposes to be definitely mentione therein, and every such law shall provide for levying an annual tax sufficient pay the interest semi-annually, and the principal within thirty years from passage of such law, and shall specially appropriate the proceeds of such to the payment of said principal and interest, and such appropriation shall n be repealed nor the tax discontinued until such debt, both principal and interes shall have been fully paid. No debt in excess of the limit named shall be is curred except for the purpose of repelling invasion, suppressing insurrectio defending the state in time of war, or to provide for public defense in case threatened hostilities; but the issuing of new bonds to refund existing indel edness, shall not be construed to be any part or portion of said $200,000.

SEC. 183. The debt of any county, township, city, town, school district any other political subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein; provided, that any incorporated city may by a two-thirds vote, increase such indebtedness three per centum such assessed value beyond said five per cent limit. In estimating the indeb edness which a city, county, township, school district or any other political s division may incur, the entire amount of existing indebtedness, whether com tracted prior or subsequent to the adoption of this constitution shall be included provided, further, that any incorporated city may become indebted in an amount not exceeding four per centum on such assessed value, without regar to the existing indebtedness of such city, for the purpose of constructing or par

12 Section 179 has been amended twice; the first amendment was proposed and adopted by the legislature of 1897, re-adopted by the legislature of 1899, and ratified at the election of Nov. 6, 1900; the second amendment was proposed and adopted the legislature of 1911, re-adopted by the legislature of 1913, and ratified at the election of Nov. 3, 1914. The text of the amendment of 1900 is as follows: Section 179. All property, except as hereinafter in this section provided, shall be assessed in, the county, city, township, village or district in which it is situated, in the manner prescribed by law. The franchise, roadway, roadbed, rails and rolling stock of a” railroads, and the franchise and all other property of all express companies, freigh line companies, car equipment companies, sleeping car companies, dining car com panies, telegraph or telephone companies, or corporations operated in this state and used directly or idirectly [indirectly] in the carrying of persons, or messages shall be assessed by the state board of equalization at their actual value, and such assessal value shall be apportioned to the counties, cities, towns, villages, townships and dis tricts in which such railroad companies, express companies, sleeping car companies dining car companies, telegraph and telephone companies are located, or through whic they are operated, as a basis for the taxation of such property, in proportion to the number of miles of such property, within such counties, cities, towns, villages, tow ships and districts, or over which any part of such property is used or operated wither such counties, towns, villages, townships and districts. But should any railroad allow any portion of its roadway to be used for any purpose other than the operation (' a railroad thereon, such portion of its roadway, while so used, shall be assessed in the manner provided for the assessment of other real property.

ng water works for furnishing a supply of water to the inhabitants of city, or for the purpose of constructing sewers, and for no other purpose ever. All bonds or obligations in excess of the amount of indebtedness itted by this constitution, given by any city, county, township, town, school et or any other political subdivision, shall be void.

SEC. 184. Any city, county, township, town, school district or any other cal subdivision incurring indebtedness shall at or before the time of so , provide for the collection of an annual tax sufficient to pay the interest also the principal thereof when due, and all laws or ordinances providing he payment of the interest or principal of any debt shall be irrepealable such debt be paid.

SEC. 185. Neither the state nor any county, city, township, town, school ict or any other political sub-division shall loan or give its credit or make tions to or in aid of any individual, association or corporation, except for sary support of the poor, nor subscribe to or become the owner of the capstock of any association or corporation, nor shall the state engage in any or internal improvement unless authorized by a two-third vote of the people. ided, that the state may appropriate money in the treasury or to be thereraised by taxation for the construction or improvement of public highSEC. 186. No money shall be paid out of the state treasury except upon opriation by law and on warrant drawn by the proper officer, and no bills, s, accounts or demands against the state or any county or other political ivision, shall be audited, allowed or paid until a full, itemized statement riting shall be filed with the officer or officers whose duty it may be to = the same.

13

SEC. 187. No bond or evidence of indebtedness of the state shall be valid s the same shall have endorsed thereon a certificate signed by the auditor secretary of state, showing that the bond or evidence of debt is issued ant to law and is within the debt limit. No bond or evidence of debt of county, or bond of any township or other political subdivision shall be valid is the same have endorsed thereon a certificate signed by the county auditor, her officer authorized by law to sign such certificate, stating that said bond, ridence of debt is issued pursuant to law and is within the debt limit.

ARTICLE XIII.

MILITIA.

SEC. 188. The militia of this state shall consist of all able bodied male ons residing in the state, between the ages of eighteen and forty-five years, pt such as may be exempted by the laws of the United States or of this Persons whose religious tenets or conscientious scruples forbid them to arms shall not be compelled to do so in times of peace, but shall pay an valent for a personal service.

SEC. 189. The militia shall be enrolled, organized, uniformed, armed and plined in such a manner as shall be provided by law, not incompatible with constitution or laws of the United States.

SEC. 190. The legislative assembly shall provide by law for the establishof volunteer organizations of the several arms of the service which shall lassed as active militia; and no other organized body of armed men shall ermitted to perform military duty in this state except the army of the ed States, without the proclamation of the governor of the state. SEC. 191. All militia officers shall be appointed or elected in such a manner he legislative assembly shall provide.

SEC. 192.

The commissioned officers of the militia shall be commissioned by governor. and no commissioned officer shall be removed from office except entence of court martial, pursuant to law.

SEC. 193. The militia forces shall in all cases, except treason, felony or ch of the peace, be privileged from arrest during their attendance at mus

Amendment proposed and adopted by the legislature of 1911, re-adopted by the lature of 1913, and ratified at the election of Nov. 3, 1914.

ters, parades and elections of officers, and in going to and returning from the

same.

ARTICLE XIV.

IMPEACHMENT AND REMOVAL FROM OFFICE.

SEC. 194. The house of representatives shall have the sole power of in peachment. The concurrence of a majority of all members elected shall be neces sary to an impeachment.

SEC. 195. All impeachments shall be tried by the senate. When sitting fo that purpose the senators shall be upon oath or affirmation to do justice accord ing to the law and evidence. No person shall be convicted without the concur rence of two-thirds of the members elected. When the governor or lieutenan governor is on trial the presiding judge of the supreme court shall preside.

SEC. 196. The governor and other state and judicial officers except count judges, justices of the peace and police magistrates, shall be liable to impea ment for habitual drunkenness, crimes, corrupt conduct, or malfeasance, or må demeanor in office, but judgment in such cases shall not extend further the removal from office and disqualification to hold any office of trust or profit und the state. The person accused, whether convicted or acquitted, shall neverthele be liable to indictment, trial, judgment and punishment according to law.

SEC. 197. All officers not liable to impeachment, shall be subject to remon for misconduct, malfeasance, crime or misdemeanor in office, or for habita drunkenness or gross incompetency in such manner as may be provided by ist SEC. 198. No officer shall exercise the duties of his office after he have been impeached and before his acquittal.

SEC. 199. On trial of impeachment against the governor, the lieute governor shall not act as a member of the court.

SEC. 200. No person shall be tried on impeachment before he shall h been served with a copy thereof, at least twenty days previous to the day for trial.

SEC. 201. No person shall be liable to impeachment twice for the sa offense.

ARTICLE XV.

FUTURE AMENDMENTS.

SEC. 202. First: Any amendment or amendments to this constitution be proposed in either house of the legislative assembly; and if the same shall agreed to by a majority of the members elected to each of the two houses, s proposed amendment shall be entered on the journal of the house with the y and nays taken thereon, and referred to the legislative assembly to be che at the next general election, and shall be published, as provided by law, three months previous to the time of making such choice, and if in the legis tive assembly so next chosen as aforesaid such proposed amendment or an ments shall be agreed to by a majority of all members elected to each bot then it shall be the duty of the legislative assembly to submit such prop amendment or amendments to the people in such manner and at such times the legislative assembly shall provide; and if the people shall approve and rati such amendment or amendments by a majority of the electors qualified to vote! members of the legislative assembly voting thereon, such amendment or amen ments shall become a part of the constitution of this state. If two or 197 amendments shall be submitted at the same time, they shall be submitted such manner that the electors shall vote for or against each of such amendmer's separately.

Second, Any amendment or amendments to this constitution may also proposed by the people by the filing with the secretary of state, at least s months previous to a general election, of an initiative petition containing ti signatures of at least twenty-five per cent of the legal voters in each of 20 less than one-half of the counties of the state. When such petition has l*** properly filed the proposed amendment or amendments shall be published the legislature may provide, for three months previous to the general election. and shall be placed upon the ballot to be voted upon by the people at the net general election. Should any such amendment or amendments proposed by initi

e petition and submitted to the people receive a majority of all the legal es cast at such general election, such amendment or amendments shall be erred to the next legislative assembly and should such proposed amendment amendments be agreed upon by a majority of all the members elected to each use, such amendment or amendments shall become a part of the constitution this state. Should any amendment or amendments proposed by initiative petin and receiving a majority of all the votes cast at the general election as -ein provided, but failing to receive approval by the following legislative asably to which it has been referred, such amendment or amendments shall again submitted to the people at the next general election for their approval or ection as at the previous general election. Should such amendment or amendnts receive a majority of all the legal votes cast at such succeeding general tion such amendment or amendments at once become a part of the constion of this state. Any amendment or amendments proposed by initiative petiand failing of adoption as herein provided, shall not be again considered il the expiration of six years.14

ARTICLE XVI.

COMPACT WITH THE UNITED STATES.

SEC. 203. The following article shall be irrevocable without the consent of United States and the people of this state:

First. Perfect toleration of religious sentiment shall be secured, and no abitant of this state shall ever be molested in person or property on account his or her mode of religious worship.

Second. The people inhabiting this state do agree and declare that they ever disclaim all right and title to the unappropriated public lands lying within boundaries thereof, and to all lands lying within said limits owned or held any Indian or Indian tribes, and that until the title thereto shall have been inguished by the United States, the same shall be and remain subject to the position of the United States, and that said Indian lands shall remain under absolute jurisdiction and control of the congress of the United States; that lands belonging to citizens of the United States residing without this state ll never be taxed at a higher rate than the lands belonging to residents of S state; that no taxes shall be imposed by this state on lands or property rein, belonging to, or which may hereafter be purchased by the United States reserved for its use. But nothing in this article shall preclude this state from ing as other lands are taxed, any lands owned or held by any Indian who severed his tribal relations, and has obtained from the United States or m any person, a title thereto, by patent or other grant save and except such ds as have been or may be granted to any Indian or Indians under any acts congress containing a provision exempting the lands thus granted from taxa, which last mentioned lands shall be exempt from taxation so long, and such extent, as is, or may be provided in the act of congress granting the

ne.

Third. In order that payment of the debts and liabilities contracted or urred by and on behalf of the territory of Dakota may be justly and equity provided for and made, and in pursuance of the requirements of an act of gress approved February 22, 1889, entitled, "An act to provide for the diviof Dakota into two states and to enable the people of North Dakota, South kota, Montana and Washington to form constitutions and other state govments and to be admitted into the union on an equal footing with the original tes and to make donations of public lands to such states," the state of North kota and South Dakota by proceedings of a joint commission, duly appointed der said act, the sessions whereof were held at Bismarck, in said state of rth Dakota, from July 16, 1889, to July 31, 1889, inclusive, have agreed to = following adjustment of the amounts of the debts and liabilities of the terriy of Dakota, which shall be assumed and paid by each of the states of North kota and South Dakota, respectively to-wit:

Amendment proposed and adopted by the legislature of 1911, re-adopted by the islature of 1913, and ratified at the election of Nov. 3, 1914.