and, with a concurrence of two-thirds of the members elect, expel a member.

SEC. 10. The city council shall keep a journal of its proceedings, and, from time to time, publish the same; and the yeas and nays, when demanded by any member present, shall be entered upon the journal.

SEC. II. No alderman shall be appointed to any office under the authority of the city which shall have been created, or the emoluments of which shall have been increased, during the time for which he shall have been elected.

SEC. 12. All vacancies that may occur in the offices of the city government shall be filled by appointment by the mayor, and confirmed by the council, until the next regular election, except the office of police justice, which shall only be filled by an election called for that purpose.

SEC. 13. The mayor and aldermen, before entering upon the duties of their offices respectively, shall take and subscribe an oath to support the constitution of the United States and the organic act of the territory, and that he will well and truly perform the duties of his office to the best of his skill and ability.

SEC. 14. Whenever there shall be a tie in the election of an alderman the judges of election shall certify the fact to the mayor, who shall determine the same by lot, in such manner as may be prescribed by ordinance.

SEC. 15. There shall be at least twelve stated meetings of the city council each year, at such times and places as may be prescribed by the city council.

ARTICLE III.-OF THE EXECUTIVE OFFICE.

SEC. I. The chief executive officer shall be a mayor, who shall be elected by the qualified electors of the city, who shall hold his office for the period of one year, and until his successor shall be elected or appointed and qualify: Provided, that if said office shall become vacant by death, resignation, or removal from the city, the city council shall appoint a suitable person to fill out the unexpired term of such mayor.

SEC. 2. No person shall be eligible to the office of mayor who has not resided in said city for one year next preceding his election,

or appointment, or who shall be under twenty-five years of age, and who shall not, at the time of his election, be a citizen of the United States.

SEC. 3. If two or more persons have an equal number of votes for mayor, the judges of election shall certify the same to the city council, who shall proceed by lot to determine the result.

SEC. 4. Whenever any election for mayor shall be contested, the city council shall determine the same as may be prescribed by ordinance.

ARTICLE IV.-OF ELECTIONS.

SEC. I. On the first Monday in June, A. D. 1885, an election shall be held in said city of Dillon for one mayor, one justice of the peace, to be denominated police magistrate for the city of Dillon, one marshal for the city, one city attorney, one city clerk, and one city treasurer, who shall be ex officio assessor for the city, and one street commissioner, and for six aldermen; and forever thereafter, on the first Monday in June of each year, said officers shall be elected: Provided, that only one-half of the aldermen for said city shall be annually elected thereafter.

SEC. 2. All male inhabitants of the city who are entitled to vote for members of the territorial legislature, and who shall have been bona fide residents of the city ninety days preceding said election, shall be entitled to vote, provided that all voters shall vote in the wards in which they live.

ARTICLE V.-POWERS OF THE CITY COUNCIL.

SEC. I. The city council shall have power and authority to levy and collect taxes for city purposes upon taxable property, real, mixed, and personal, except as hereinafter excepted, within the city limits, not exceeding one-half of one per cent per annum upon the assessed value 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 the territory; and may levy a poll tax, not exceeding one dollar, upon each male citizen over twenty-one years of age.

SEC. 2. The city council shall have power to require all officers to give bonds, with penalty and security, for faithful performance of their duties; to establish, support, and regulate common schools;

and to borrow money on the credit of the city: Provided, that no sum of money shall be borrowed at a greater rate of interest than ten per cent per annum, nor shall any sum be borrowed as aforesaid until after the subject shall have been submitted to the legal voters of said city, for which purpose a special election shall be called by the mayor, after giving twenty days' notice thereof; and if a majority of the legal voters of said city shall vote in favor of such loan the same may be negotiated, and not otherwise: And provided further, that the annual interest on the loan shall never exceed one-half the revenue annually derived from the tax levied upon the real estate within the limits of said city.

SEC. 3. To appropriate money and funds for the payment of the debts and expenses of the city.

SEC. 4. To make regulations and quarantine laws to prevent the introduction of contagious diseases, and to enforce said laws within five miles of the limits of the city.

SEC. 5. To establish hospitals and regulate 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; to erect hydrants and pumps, build cisterns, dig wells in the streets for the supply of engines and buckets: Provided, that nothing in said section shall be so construed as to deprive private individuals of vested or acquired rights without just compensation being made therefor by the city government.

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

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

SEC. 10. To divide the city into wards, alter the boundaries thereof, and create additional wards, as occasion may require.

SEC. II.

To establish, support, and regulate watches.

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

SEC. 13. To establish markets, market places, and regulate the government of the same.

SEC. 14. To provide all needful buildings for the use of the city.

SEC. 15. To provide for improving and regulating all public grounds belonging to the city.

SEC. 16. To license, tax, and regulate auctioneers, merchants, peddlers, retailers, grocers, taverns, ordinaries, hawkers, brokers, pawnbrokers, and money changers.

SEC. 17. To license, tax, and regulate hackney carriages, wagons, carts, and drays, and fix the rates to be charged for the carriage of persons, and cartage or drayage of property.

SEC. 18. To license and tax, and regulate theatrical and other exhibitions, shows, and amusements.

SEC. 19. To license, restrain, regulate, prohibit and suppress tippling houses, dram shops, gambling houses, dance houses, hurdy houses, and other disorderly houses, and the selling and giving away of intoxicating or malt liquors by any person within the city except by persons duly licensed.

SEC. 20. To organize and establish fire companies, and to provide for the prevention and extinguishment of fires, and to prohibit erecting wooden buildings.

SEC. 21. To regulate the building and fixing of chimneys and flues.

SEC. 22. To regulate the storage of gunpowder, tar, pitch, rosin, and other combustible materials.

SEC. 23. To restrain cattle, hogs, horses, sheep, and dogs, from running at large.

SEC. 24. To provide for taking the enumeration of the inhabitants of said city.

SEC. 25. To regulate the election of city officers, and to provide for removing from office any person holding an office created by ordinance.

SEC. 26. To fix the compensation of city officers, and regulate fees of jurors, witnesses, and others for services rendered under this act, or any ordinance made in pursuance thereof.

SEC. 27. 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 and the enforcement of such penalties; and all moneys collected under or by authority of any city ordinance shall be deemed to be taken to belong to said city, and be disposed of by the city council, under the ordinances of said city, for the general use and benefit of the inhabitants thereof.

SEC. 28. The city council shall have exclusive power within the city, by ordinance, to license, suppress, and restrain billiard tables and bowling alleys.

SEC. 29. The city council shall have power to make all ordinances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordinances be not repugnant to nor inconsistent with the constitution of the United States nor the organic act of this territory.

SEC. 30. The style of the ordinances shall be "Be it ordained by the mayor and city council of the city of Dillon."

SEC. 31. All ordinances of the city council shall, within ten days after they shall have been passed, be published in some newspaper in the city, or posted up in three public places in said city, and shall not be in force until they have been published as aforesaid.

SEC. 32. All ordinances of the city council may be proven by the seal of the corporation, and when printed in book form, or pamphlet [form], and purporting to be printed and published by authority of the corporation, the same shall be received in evidence in all courts and places without further proof.

ARTICLE VI.-THE MAYOR.

SEC. 1. The mayor shall preside at all meetings of the city council, and, in case of a tie, shall have the casting vote, and in