lots, and duly recorded as may be required by law, the same may by the city council be annexed and become part of the city of Billings.

SEC. 4. The inhabitants of said city, by the name and style aforesaid, shall have power to purchase, receive and hold property, both real and personal, or mixed, either in or beyond the city for burial grounds, and for other purposes, for the use of the inhabitants of said city.

ARTICLE II.-CITY COUNCIL.

SEC. I. There shall be a city council, to consist of a mayor and a board of aldermen.

SEC. 2. The board of aldermen shall consist of two members from each ward, to be chosen by the qualified voters, for two years, and until others shall be legally qualified.

SEC. 3. No person shall be an alderman, unless at the time of his election he shall be a tax paying real estate holder, and have resided within the limits of the city one year immediately preceding election, and shall have the requisite qualifications to vote for members of the legislature, and be a resident of the ward for which he is elected.

SEC. 4. If any alderman, after his election, remove from the ward for which he was elected, his office shall be declared vacant; the mayor and aldermen shall serve without any compensation whatever until the population of the city may be 4,000, when the mayor shall receive such compensation as the city council may determine.

SEC. 5. At the first meeting of the city council the aldermen shall be divided by lot into two classes. The seats of those of the first class shall be vacated at the expiration of the first year; and of the second class at the expiration of the second year; so that onehalf of the board shall be elected annually.

SEC. 6. The city council shall judge of the qualifications and returns of their own members, and shall determine all contested elections under this act.

SEC. 7. A majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn from day to day,

and compel the attendance of absent members, under such penalties as may be prescribed by ordinance.

SEC. 8. The city council shall have the power to determine the rules of its proceedings, punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members elected, expel any member.

SEC. 9. No aldermen shall be appointed to any office under the authority of the city, nor for one year after the termination of his office.

SEC. 10.

All vacancies that shall occur in the board of aldermen shall be filled by election.

SEC. II. The mayor and aldermen, before entering upon the duties of their respective offices, shall each take and subscribe an oath or make affirmation that he will support the constitution of the United States and the organic act of this territory, and that he will well and truly perform the duties of his office to the best of his skill and ability.

SEC. 12. Whenever there shall be a tie in the election of aldermen the judges of the election shall certify the fact to the mayor, who shall determine the same by lot, in such manner as shall be prescribed by ordinance.

SEC. 13. There shall be twelve stated meetings of the city council in each year, at such times and places as may be prescribed by the city council.

ARTICLE III.-EXECUTIVE OFFICERS.

SEC. I. The chief executive officer shall be a mayor, whose name appears upon the tax list in said city, and who shall be elected by the qualified voters of the city, and shall hold his office for one year, and until his successor shall be elected and qualified.

SEC. 2. No person shall be eligible to the office of mayor who shall not have been a resident of the city for one year next preceding his election, or who shall be under twenty-five years of age, or who shall not, at the time of his election, be an elector.

SEC. 3. If any mayor, during the term for which he shall have been elected, remove from the city, or shall be absent from the city for the space of four months, his office shall be vacated.

SEC. 4. When two or more persons shall have an equal number of votes for mayor, the judges of election shall certify the same to the city council, who shall proceed to determine the same by lot, in such manner as may be provided by ordinance.

SEC. 5. Whenever any election for mayor shall be contested, the city council shall determine the same as may be prescribed by ordinance.

SEC. 6. Whenever any vacancy shall happen in the office of mayor, it shall be filled by election.

ARTICLE IV.

SEC. I. On the first Monday in April, A. D. 1885, an election. shall be held in said city for one mayor for the city and two aldermen for each ward, and forever thereafter, on the first Monday in April, of each year, there shall be an election of one mayor for said city and one alderman for each ward.

SEC. 2. All citizens of the United States, and those who have declared their intention to become such, of twenty-one years of age, who are actual tax payers, either as firms, individuals, or stockholders in incorporations, the same to be evidenced either by their names being on the county tax list for the preceding year, or by the production of their receipts therefor, and who shall have been actual residents of said city six months preceding said election, shall be entitled to vote for city officers and the adoption of the charter: Provided, that said voters shall give their votes in the ward in which they respectively reside.

ARTICLE V.-POWERS OF THE CITY COUNCIL.

SEC. I. The city council shall have power and authority to levy and collect ad valorem taxes for city purposes upon taxable property, real, mixed, and personal, except as herein excepted, within the limits of the city, not exceeding three-tenths of one per cent per annum upon the assessed valuation thereof, and may enforce the payment of the same in any manner that may be prescribed by ordinance, not repugnant to the constitution of the United States, or the organic act of this territory.

SEC. 2. The mayor shall nominate and, with the consent of the council, appoint all officers, except city attorney, who shall act as city clerk, city assessor, who shall act as city treasurer and collector, and city marshal, who shall be elected at the first general city election, and every year thereafter, and whose term of office shall be for one year, and until their successors are elected and qualified.

SEC. 3. The city council shall have power to require of all officers, appointed or elected in pursuance of this act, bonds, with penalty and security, for the faithful performance of their respective duties, as may be deemed expedient, also require of all officers appointed or elected, as aforesaid, to take such oaths or make such affirmation as the city council may prescribe for the faithful performance of the duties of their respective offices, before entering upon the discharge of the same.

SEC. 4. To appropriate money and funds for the payment of the expenses of the city.

SEC. 5. To make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws for that purpose, and to enforce the same within five miles of the city, to establish hospitals and make regulations for the government of the same.

SEC. 6. To make regulations to secure the general health of the inhabitants; to declare what shall be a nuisance, and to prevent and remove the same.

SEC. 7. To provide the city with water, erect hydrants and pumps, build cisterns and dig wells in the streets for the supply of engines and buckets.

SEC. 8. To open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve and keep in repair streets, avenues, lanes, alleys, sidewalks, drains, and sewers.

SEC. 9. To establish, erect, and keep in repair bridges.

SEC. IO. To divide the city into wards, alter the boundaries thereof, and create additional wards, as the occasion may require.

SEC. II.

To establish, support, and regulate night watches.

SEC. 12. To provide for lighting the streets, and to erect lamp posts.

SEC. 13. To provide for all needful buildings for the use of the city.

SEC. 14. To provide for the enclosing, improving, and regulating all public grounds belonging to the city, to erect market houses, to establish markets and market places, and to provide for the government and regulation thereof.

SEC. 15. It shall have the power to provide for the prevention and extinguishment of fires; to organize and establish fire companies, and, at discretion, prohibit or regulate the erection of wooden buildings.

SEC. 16. To regulate the building and fixing of chimneys, and to fix the flues thereof.

SEC. 17. To regulate the storage of powder, tar, pitch and rosin, coal oil, and other combustible or dangerous materials.

SEC. 18. To regulate parapets, walls, and partition fences, and restrain cattle, hogs, horses, sheep, and dogs, or other animals, from running at large, and prohibit reckless driving or riding on the

streets.

SEC. 19. To establish standard weights and measures, and regulate the weights and measures to be used in the city in all cases not otherwise provided for by law, and to order all laws on the subject to be enforced, and to fix and enforce payment of fines for non-compliance with any such order.

SEC. 20. To provide for taking the enumeration of the city.

SEC. 21. To regulate the election of city officers, and to provide for the removing from office any person holding an office created by ordinance.

SEC. 22. To fix the compensation of city policemen, who shall be night watchmen: Provided, that such compensation shall not exceed the sum paid by law in this territory to other officers for like services; and regulate fees for jurors, witnesses and others for services rendered under this act, or any ordinance made in pursuance thereof.

SEC. 23. To regulate the police of the city; to enforce fines, forfeitures, and penalties for the breach of any ordinance, and to provide for the receiving and appropriation of such fines and forfeitures