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is elections are conducted under the general laws of the Territory of Dakota. except as herein provided. No mere technicalities or informalities in the mammer or form of election, or neglect of any officer to perform his duty with regard thereto, shall be deemed to vitiate or avoid the same, it being the true intent and object of this ordinance to ascertain and give effect to the true will of the people of the State of South Dakota, is expressed by their votes at the polls.
SEC. 8. Immediately after the election herein provided for, the judges of election at each voting place shall make a true and complete count of all the votes duly cast at such election, and shall certify and return the result of the sume, with the names of all the candidates and the number of rotes cast for each candidate, and the number of votes cast for it nd against the constitution, and the number of votes cast for and against prohibition, and the number of rotes cast for and against minority representation, and the number of rotes cast for each city, town or place for the "temporary seat of government." to the county werk, or auditor of the respective counties, together with one of the poll lists and election books used in suid election.
SEC. 9. Within tive days ifter said election the several boards of county canvassers provided by law for the canvassing of the results of the electior.. shall make the certify to the secretary of the territory of Dakota the true and correct return of the total number of votes cast for the constitution, and il gainst the constitution, of the number of votes cast for and ilgainst "probibition," and the number of votes cast for and against “minority representa: tion." : ne the number of votes cast for each city, town or place as the 'teln porary seat of government," and of the mumber of votes cast for each persiri roteil for at such election, except county officers and members of the legis lature, and shall truunismit the same to the secretary of the territory of Dakota by mail, and shall file with the comty clerk or auditor of each of said countien a duplicate and certified copy of said return.
Said board of county canvassers shall issue certificates of election to the persons who shall have received the highest number of votes cast for th: l'espective offices of judge of the county court. ind representatives in the legislature, and for state senator or senators.
SEC. 10. When two or more counties are connected in one senatorial : representative district. it shall be the duty of the verks and auditors of the respective coumties to ittend at the office of the county clerk of the seni county in the date of organization within twenty days after the date of eie tion, and they shall compare the votes given in the several counties compris ing such senatorial and representative district and such clerks or auuitus shall immerliately make out it (ertificate of election to the person having ti highest number of votes in such district for state senator or representatii: or both; which certificate shall be delivered to the person entitled thereto in his application to the clerk of the senior county of such district,
SEC. 11. The secretary of the territory shall receive all returns of ek tion transmitted to him its above provided, and shall preserve the same, sp ilfter they have been canvassed as hereinafter provided, and after the ades sion of the state of South Dakota into the Union, he shall deliver said retur.“ to the proper state ofticer of said state of South Dakotil.
Within fifteen days after suid election the secretary of the territor: with the governor and chief justice thereof, or any two of them, shall cantsuch returns and certify the same to the president of the United States jä provided in the enabling act.
They shall also ascertain the total number of rotes cast at such eleitni for the constitution und against the constitution; the total number of rol cast for any against prohibition; and the total number of votes cast for un against minority representation; and the total number of votes cast for en city, town or place as the "temporary seat of government;" and the moto number of votes cast for each person voted for, for any office at said elect:excepting county judges and members of the legislature, and shall dear the result of said election in conformity with such vote, and the governor the territory shall thereupon issue a proclamation at once thereof.
They shall also make and transmit to the state legislature, immediately
its organization, a list of all the state and judicial officers who shall be ascertained to be duly elected. The various county :und district canvassing boards shall make and transto the secretary of the territory the names of all persons declared by 1 to be elected members of the senate and house of representatives of state of South Dakota ; he shall make separate lists of the senators and esentatives so elected, which list shall constitute the rolls under which senate and house of representatives shall be organized. The governor of the territory shall make and issue certificates of electo the persons who are shown by the canvass to have received the highest ber of votes for governor, lieutenant governor, secretary of state, audi
treasurer, attorney-general, superintendent of public instruction, commiser of school and public lands and judges of the supreme and circuit -ts. Such certificates to be attested by the secretary of the territory. SEC. 12. The apportionment made in this constitution shall govern the ions above provided for for members of the state legislature, until other+ provided by law. At the first election held under this ordinance for senators and repreatives of the legislature, there shall be elected forty-five senators and one ired and twenty-four representatives in the state legislature respectively. SEC. 13. The legislature elected under the provisions of this ordinance constitution shall assemble at the temporary seat of government on the 1 Tuesday in October, in the year A. 1. 1889, at 12 o'clock noon, and he first day of their assemblage the governor and other state officers shall · the oath of office in the presence of the legislature. The oath of office I be administered to the members of the legislature and to the state offiby the chief justice of the territory, or by any other officer duly authorby the laws of the territory of Dakota to administer oaths. SEC. 14. Immediately after the organization of the legislature and taking oath of office by the state officers, the legislature shall then and there 'eed to the election of two senators of the United States for the State of th Dakota, in the mode and manner provided by the laws of Congress for election of United States Senators. And the governor and the secretary he state of South Dakota shall certify the election of the said senators two representatives in Congress, in the manner required by law. SEC. 15. Immediately after the election of the United States senators as re provided for, suid legislature shall adjourn to meet at the tempora ry : of government on the first Tuesday after the first Monday of January, ), at 12 o'clock M.; Provided, however, that if the State of South Dakota
not been admitted by proclamation or otherwise at said date, then said slature shall convene within ten days after the date of the admission of state into the Union. SEC. 16. Nothing in this constitution or schedule contained shall be conied to authorize the legislature to exercise any powers except such as are
ssary to its first organization, and to elect United States senators, and adjourn as above provided. Nor to authorize an officer of the executive, linistrative or judiciary departments to exercise any duties of his office il the State of South Dakota shall have been regularly admitted into the on, excepting such as may be authorized by the Congress of the United tes.
Sec. 17. The Ordinances and Schedule enacted by this Convention shall be
Second : That we, the people inhabiting the State of South Dakota, do ee and declare, that we forever disclaim all right and title to the unappriated public lands lying within the boundaries of South Dakota; and to 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 l'nited States the same shall be and remain subject to the disposition of l'nited States, and said Indian lands shall remain under the absolute jur. diction and control of the Congress of the United States; that the lands to longing to citizens of the United States residing without the said State, eta never be taxed at a higher rate than the lands belonging to residents of in State. That no taxes shall be imposed by the State of South Dakota onard or property therein belonging to or which may hereafter be purchase the United States, or reserved for its use, But nothing herein shall prom the State of South Dakota from taxing is other lands are taxed ang si owned or held by any Indian who has severed his tribal relation and he obtained from the United States, or from any person i title thereto by je or other grant save and except such lands as have been, or may be gå to any Indian or Indians under any act of Congress containing a prurie exempting the lands thus granted from taxation, all such lands which u have been exempted by any grant or law of the Cnited States, sball ten exempt to the extent, and as prescribed by such act of Congress.
Third: That the State of South Dakota shall assume and pay that a tion of the debts and liabilities of the Territory of Dakota as provide this Constitution.
Fourth: That provision shall be made for the establishment and u tenance of systems of public schools, which shall be open to all the childre of this State, and free from sectarian control.
Fifth; That jurisdiction is ceded to the United States over the winter reservations of Fort Meade, Fort Randall and Fort Sully, heretofore des by the President of the United States; Provilled legal process, civil and a inal, of this state shall extend over such reservations in all cases of the exclusive jurisdiction is not vested in the United States, or of crime: 2 committed within the limits of such reservation.
These ordinances shall be irrevocable without the consent of tbe [be States, and also the people of the said State of South Dakota, express their Legislative Assembly,
SEC. 19. The tenure of all officers, whose election is provided for in i schedule, on the first day of October, ... D, 1889, shall be as follows:
The governor, lieutenant governor, Secretary of state, auditor, treas attorney general, superintendent of public instruction, commissioner of cha and public lands, judges of county courts, shall hold their respective ons until the first Tuesday, after the first Monday, in January, A. D. 191. twelve o'clock M., and until their successors are elected and qualified.
The judges of the supreme court and circuit courts, shall hold the offices until the first Tuesday, after the first Monday, in January, A. D. 19 at twelve o'clock M., and until their successors are elected and qualified; ject to the provisions of Sec. 26 of Article V of the constitution.
The terms of office of the members of the legislature, elected at the in election held under the provisions of this constitution, shall expire of first Tuesday, after the first Monday, in January, one thousand eight buni and ninety-one (1891).
SEX. 20. That the first general election under the provisions of 2 constitution, shall be held on the first Tuesday, after the first Monday, November, 189, and every two years thereafter.
SEC, 21. The following form of ballot is adopted.
INSTRUCTIONS TO VOTERS.
All persons desiring to vote for the constitution, or for ans articles submitted to il separate vote, may erase the word "No."
All persons who desire to vote against the constitution, or any arti *** separately submitted may erase the word “Yes."
For the Constitution : Yes, No.
l'or Prohibition : Yes, No.
---às the temporary seat of government.
SEC. 22. This constitution shall be enrolled and after adoption and signing the convention shall be delivered to Hon. A. J. Edgerton, the president of the istitutional convention, for safe keeping, and by him to be delivered to the cretary of state as soon as he assumes the duties of his office, and printed oies thereof shall be prefixed to the books containing the laws of the state d all future editions thereof.
The president of this convention shall also supervise the making of the py that must be sent to the president of the l'nited States; said copy is he certified by the president and chief clerk of this convention.
SEC. 23. “The agreement made by the joint commission of the constiional conventions of North and South Dakota concerning the records, books d archives of the Territory of Dakota is hereby ratified and confirmed, which reement is in the words following: That is to say:"
The following books, records and archives of the Territory of Dakota all be the property of North Dakota, towit :
All records, books and archives in the offices of the governor and secrery of the territory (except records of articles of incorporation of domestic rporations, returns of election of delegates to the constitutional convention
1889, for South Dakota, returns of elections held under the so-called local tion law in counties within the limits of South Dakota, bonds of notaries blic appointed for counties within the limits of South Dakota, papers relats to the organization of counties situate within the limits of South Dakota. I of which records and archives are a part of the records and archives of id secretary's office; excepting also census returns from counties situate thin the limits of South Dakota and papers relating to requisitions issued on the application of officers of counties situate within the limits of South
Dakotil, ill which are part of the records and archives of said gorero t's office.)
And the following records books and archives shall also be the prefer?? of the State of North Dakota, towit :
Vouchers in the office or in the custody of the auditor of this territve relating to expenditures on account of public institutions, grounds or buings situate within the limits of North Dakota ; one warrant register in ti office of the treasurer of this territory, being a record of warrants issuu under and by virtue of chapter twenty-four of the laws enacted by the eiz: centlı legislative assembly of Dakota territory; all letters, receipts and routes in the sume office now filed by counties and pertaining to counties within limits of North Dakota : paid and cancelled coupons in the same office represen? ing interest on bouds whichi said State of North Dakota is to assume and by reports of gross earnings of the year 1888 in the same office, made by corpus tions operating lines of railroad situated wholly or mainly within the limits North Dakotil; recorils and papers of the office of the public examiner of second district of the territory ; records and papers of the office of the setti district board of agriculture; records and papers in the office of the te of pharmacy of the district of North Dakota.
Il records, books and archives of the Territory of Dakota which is not lierein agreed shall be the property of North Dakota, shall be the pro erty of South Dakota.
The following books shall be copied and the copies shall be the proper of North Dakota, and the cost of such copies shall be borne equalls by sue states of North Dakota and South Dakota. That is to say:
Appropriation lediger for the years ending November, 1889 and 1890–15 volume.
The current warrant auditor's register-one volume.
The originals of the foregoing volumes which are to be copied, shal: any time after such copying shall have been completed, be delivered on dedi: to the proper authorities of the State of South Dakota.
All other records, books and archives which it is hereby agreed shal'. the property of South Dakota shall remain at the capital of North Daki until demanded by the legislature of the State of South Dakota and until State of North Dakota shall have had a reasonable time after such demand made to provide copies or abstracts or such portions thereof as the said of North Dakota may desire to have copies or abstracts of.
The State of South Dakota may also provide copies or abstracts of records, books and archives which is agreed shall be the property of Vire Dakota als sid State of South Dakota sball desire to have copies or abstracts
The expense of all copies or abstracts of records, books and archives yli it is herein agreed may be made, shall be borne equally by sud two states
28 Article XXVII was proposed by the legislature of 1897 as a new arlice 54 was ratified at the election of November 9, 1898. By an amendment proposed by: legislature of 1899 and ratified at the election of November 6, 1900, this Artic repealed. See Article XXIV. The text of Article XXVII as originally pro 1 1897 and ratified in 1898 is as follows:
ARTICLE XXVII. Sec. 1.] The manufacture and sale of intoxicating a shall be under exclusive state control and shall be conducted by duly autenz agents of the state, who shall be paid by salary and not by cominissions. liquors sold shall be first examined by a state chemist and the purity thereof ex. lished.