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SEC. 1844. The secretary shall record ond preserve all the laws and proceedings of the legislative assembly, and all the acts and proceedings of the governor in the executive department: he shall transmit one copy of the laws and journals of the legislative assembly, within thirty days after the end of each session thereof, to the Secretary's president, and two copies of the laws, within like time, Ibid. to the president of the senate and to the speaker of the house of representatives, for the use of congress: he shall transmit one copy of the executive proceedings and official correspondence, semi-annually, on the first day of January and July in each year, to the president: he shall prepare the acts passed by the legislative assembly for publication, and furnish a copy thereof to the public printer of the territory, within ten days after the passage of each act.


3 March,


SEC. 1846. The legislative power in each territory shall be vested in the governor and a legislative assenbly. The legislative assembly shall consist of a council

Legislative and house of representatives. The members of both branches of the legislative assembly shall have the qual- Mont: 26 May, ifications of voters as herein prescribed. They shall be 1869; 20 June, chosen for the term of two years, and the sessions of the respective legislative assemblies shall be biennial. Each legislative assembly shall fix by law the day of the commencement of its regular sessions. The members of the council and of the house of representatives 'shall reside in the district or county for which they are respectively elected.

Census and

SEC. 1847

Previous to the first election for members of the legislative assembly of a territory in which congress may hereafter provide a temporary government, the governor shall cause a census of the inhabitants and qualified voters of the several counties and districts of the territory to be taken by such persons and in such node as he may designate and appoint, and the persons election,

Mont., 26 May, so appointed shall receive a reasonable compensation for 1864. their services. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who superintend such elections and the returns thereof, as the governor may direct; and he shall, at the same time, declare the number of members of the council and house of representatives to which each of the counties or districts is entitled under the act

providing such temporary government for the particular territory. The persons having the highest number of legal votes in each of the districts for members of the council shall be declared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected members of that house; but in case two or more persons voted for have an equal number of votes, and in case a vacancy otherwise occurs in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor appoints.



ing elections.


SEC. 1848. After such first, election, however, the place of hold-time, place, and manner of holding elections by the peo

ple in any newly-created territory, as well as of holding all such elections in territories now organized, shall be prescribed by the laws of each territory.




SEC. 1849. The apportionment of representation, which the

governor is authorized to make by section eighteen hundred and forty-seven, in the case of a territory hereafter erected by congress, shall be s nearly equal as practicable among the several districts and counties for such first

election of the council and house of representatives, Appor tion- giving to each section of the territory representation in

the ratio of its population, except Indians not taxed; and thereafter in such new territory, as well as in all territories now organized, the legislative assemblies, respectively, may re-adjust and apportion the representation to the two houses thereof, among the several counties and districts, in such manner, from time to time, as they deem just and proper; but the number of either house, as authorized by law, shall not be increased.

submitted to congress


SEC. 1850. All laws passed by the legislative assemLaws to be bly and governor of any territory except in the territories

of Colorado, Dakota, Idaho, Montana, and Wyoming, shall be submitted to congress, and, it disapproved, shall be null, and of no effect.

SEC. 1851. The legislative power of every territory shall extend to all rightful subjects of legislation not inconsistent with the constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed Extent of legupon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents.

islative power.


Members of



SEC. 1854. No member of the legislative assembly of any territory now organized shall hold or be appointed to any office which has been created, or the salary or emoluments of which have been increased, while he was

legislature proa member, during the term for which he was elected, and hibited

holding certain for one year after the expiration of such term; but this offices. restriction shall not be applicable to the members of the 196.9.10., 26 May, first legislative assembly in any territory hereafter organized; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of any territory. The exception of postmasters shall not apply in the territory of Washington.

of extra compensation to

SEC. 1855. No law of any territorial legislature shall Prohibition be made or enforced by which the governor or secretary of a territory, or the members or officers of any territorial certain officers.

23 Jan., 1873. legislature are paid any compensation other than that provided by the laws of the United States.

SEC. 1856. Justices of the peace and all general offi- Election of cers of the militia in the several territories shall be elected peace and mil

justices of the by the people in such manner as the respective legisla- Mont., 26 May, tures may provide by law.

itia officers.


SEC. 1857. All township, district, and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each territory; and all other officers not herein otherwise provided for, the governor shall nominate, Other officers. and by and with the advice and consent of the legislative council of each territory, shall appoint; but, in the first instance, where a new territory is hereafter created by congress, the governor alone may appoint all the officers referred to in this and the preceding section, and assign them to their respective townships, districts, and counties; and the officers so appointed shall hold their

offices until the end of the first session of the legislative assembly.

how .

8 June, 1872.



SEC. 1858. In any of the territories, whenever a va

. cancy happens from resignation or death, during the

recess of the legislative council, in any office which, Wafileasies

, under the organic act of any territory, is to be filled by Vacancies

appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislative council.

SEC. 1859. Every male citizen above the age of twen

ty-one, including persons who have legally declared Qualifications of voting and

their intention to become citizens in any territory hereholding office after organized, and who are actual residents of such Mont., 26 May, territory at the time of the organization thereof, shall be

entitled to vote at the first election in such territory, and to hold any office therein ; subject, nevertheless, to the limitations specified in the next section.

Sec. 1860. At all subsequent elections, however, in any territory hereafter organized by congress, as well as at all elections in territories already organized, the qual

ifications of voters and of holding office shall be such as elections.

may be prescribed by the legislative assembly of each territory; subject, nevertheless, to the following restrictions on the power of the legislative assembly,"namely:

First. The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that

age who have declared on oath, before a competent court of record, their intention to become such, and have taken an oath to support the constitution and government of the United States.

At future


Second. There shall be no denial of the elective fran25 Jan., 1867. chise or of holding office to a citizen on account of race,

color, or previous condition of servitude.

Third. No officer, soldier, seaman, mariner, or other person in the army or navy, or attached to troops in the service of the United States, shall be allowed to vote in any territory, by reason of being on service therein, un. less such territory is, and has been for the period of six months, his permanent domicile.

Fourth. No person belonging to the army or navy shall be elected to or hold any civil office or appointment in any territory.


SEC. 1862. Every territory shall have the right to send a delegate to the house of representatives of the United States, to serve during each congress, who shall be elected by the voters in the territory qualified to elect Delegate members of the legislative assembly thereof. The per- Mont., 26 May, son having the greatest number of votes shall be de- 1864, clared by the governor duly elected, and a certificate shall be given accordingly. Every such delegate shall have a seat in the house of representatives, with the right of debating, but not of voting.


SEC. 1863. The first election of a delegate in any territory for which a temporary government is hereafter provided by congress shall be held at the time and and manner of places and in the manner the governor of such territory electing delemay direct, after at least sixty days' notice, to be given Ibid. by proclamation; but at all subsequent elections therein, as well as at all elections for a delegate in organized territories, such time, places, and manner of holding the elections shall be prescribed by the law of each territory. [See § 25.]

SEC. 1864. The supreme court of every territory shall consist of a chief justice and two associate justices, any

Supreme two of whom shall constitute a quorum, and they shall courts of terrihold their offices for four years, and until their successors are appointed and qualified. They shall hold a term annually at the seat of government of the territory for which they are respectively appointed.




SEC. 1865. Every territory shall be divided into three judicial districts; and a district court shall be held in tricts and each district of the territory by one of the justices of the courts supreme court, at such time and place as may be prescribed by law; and each judge, after assignment, shall reside in the district to which he is assigned.


Sec. 1866. The jurisdiction, both appellate and orig- Jurisdiction inal, of the courts provided for in sections nineteen hun-of courts. dred and seven and nineteen hundred and eight, shall be 1874. limited by law.

Ibid, 7 April,

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