ARTICLE XXVI
SCHEDULE AND ORDINANCE
1.
Continuation of prior writs, actions, claims, and bodies corporate--Validation of
previously issued process.
2.
Fines, forfeitures, and escheats of territory to accrue to state.
3.
Recognizances, bonds, obligations, and undertakings--Criminal prosecutions and
penal actions.
4.
Civil and military officers.
5.
Election of Constitution and state officers--Ballots.
6.
Election for temporary seat of government.
7.
Conduct of election.
8.
Election returns.
9.
Canvass of vote--Filing with county clerks or auditors.
10.
Certification of senator or representative from multi-county district.
11.
Delivery of returns to proper state officer--Certification to president--Proclamation
of election result--Lists of elected officers--Certificates of election.
12.
Apportionment of state Legislature--Number of senators and representatives initially
elected.
13.
First assembly of Legislature--Oaths of office.
14.
Election of two United States senators--Two representatives.
15.
Adjournment after election of senators--Next meeting.
16.
Legislature and officers to exercise necessary and authorized powers only pending
admission of state into union.
17.
Validity of ordinances and schedule.
18.
Freedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial
debt--Public schools--Federal reservations--Irrevocability.
19.
Tenure of elected officers.
20.
Time of general election.
21.
Form of ballot.
22.
Enrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy to President of United States.
23.
Agreement by joint commission concerning territorial records, books, and archives.
§ 1.
Continuation of prior writs, actions, claims, and bodies corporate--Validation of
previously issued process.
That no inconvenience may arise from the change of the territorial
government to the permanent state government, it is hereby declared that all writs, actions,
prosecutions, claims and rights of individuals, and all bodies corporate, shall continue as if no
change had taken place in this government; and all process which may be before the organization
of the judicial department, under this Constitution, issued under the authority of the territory of
Dakota, within the boundary of this state, shall be as valid as if issued in the name of the state of
South Dakota.
§ 2.
Fines, forfeitures, and escheats of territory to accrue to state.
That all fines, penalties,
forfeitures and escheats accruing to the territory of Dakota, within the boundary of the state of
South Dakota, shall accrue to the use of said state.
§ 3.
Recognizances, bonds, obligations, and undertakings--Criminal prosecutions and
penal actions.
That all recognizances, bonds, obligations or other undertakings, heretofore taken,
or which may be taken before the organization of the judicial department under this Constitution,
shall remain valid, and shall pass over to, and may be prosecuted in the name of the state of
South Dakota; and all bonds, obligations or undertakings, executed to this territory, within the
boundaries of the state of South Dakota, or to any officer in his official capacity, shall pass over
to the proper state authority, and to their successors in office, for the uses therein respectively
expressed, and may be sued for and recovered accordingly.
0N-26-4 Civil and military officers.
0N-26-5 Election of Constitution and state officers--Ballots.
All criminal prosecutions and penal actions, which have arisen, or which may arise before the
organization of the judicial department under this Constitution, and which shall then be pending,
may be prosecuted to judgment and executed in the name of the state.
§ 4.
Civil and military officers.
All officers, civil and military, now holding their offices
and appointments in this territory under the authority of the United States, or under the authority
of the territory of Dakota, shall continue to hold and exercise their respective offices and
appointments until superseded under this Constitution: provided, that the provisions of the above
sections shall be subject to the provisions of the act of Congress providing for the admission of
the state of South Dakota, approved by the president of the United States on February 22, 1889.
§ 5.
Election of Constitution and state officers--Ballots.
This Constitution shall be
submitted for adoption or rejection to a vote of the electors qualified by the laws of this territory
to vote at all elections, at the election to be held on Tuesday, October 1, 1889.
0N-26-6 Election for temporary seat of government.
At the said election the ballots shall be in the following form:
For the Constitution: Yes. No.
For prohibition: Yes. No.
For minority representation: Yes. No.
As a heading to each of said ballots shall be printed on each ballot the following instructions to
voters:
All persons desiring to vote for the Constitution, or for any of the articles submitted to a separate
vote, must erase the word "No."
All persons who desire to vote against the Constitution, or against any article submitted
separately, must erase the word "Yes."
Any person may have printed or written on his ballot only the words "for the Constitution," or
"against the Constitution," and such ballot shall be counted for or against the Constitution
accordingly. The same provision shall apply to articles submitted separately.
In addition to the foregoing election for the Constitution and for the articles submitted by this
convention for a separate vote thereon, an election shall be held at the same time and places, by the
said qualified electors, for the following state officers, to be voted for on the same ballot as above
provided for votes on the Constitution and separate articles, to wit:
A Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general,
superintendent of public instruction, commissioner of school and public lands, judges of the
Supreme, circuit and county Courts, representatives in Congress, state senators, and representatives
in the Legislature.
All the elections above provided for shall be held in the same manner and form as provided for
the election for the adoption or rejection of the Constitution. And the names of all the officers above
specified to be voted for at such election shall be written or printed upon the same ballots as the vote
for or against the Constitution.
The judges of election in counting the ballots voted at such election shall count all the affirmative
ballots upon the Constitution as votes for the Constitution; and they shall count all the negative
ballots voted at said election upon the Constitution as votes against the Constitution; and ballots
voted at said election upon which neither of said words "yes" or "no" following the words "for the
Constitution" are erased, shall not be counted upon such proposition. And they shall count all
affirmative ballots so voted upon the article on prohibition separately submitted, as votes for such
article, and they shall count all negative ballots so voted upon such article as votes against such
article; and ballots upon which neither the words "yes" or "no" following the words "for prohibition"
are erased, shall not be counted upon such proposition; and they shall count all the affirmative ballots
so voted upon the article on minority representation, separately submitted, as votes for such article.
And they shall count all negative ballots so voted upon such article as votes against such article; and
ballots upon which neither of said words "yes" or "no" following the words "for minority
representation" are erased, shall not be counted upon such proposition.
If it shall appear in accordance with the returns hereinafter provided for, that a majority of the
votes polled at such election, for and against the Constitution, are for the Constitution, then this
Constitution shall be the Constitution of the state of South Dakota. If it shall appear, according to
the returns hereinafter provided for, that a majority of all votes cast at said election for and against
"prohibition" are for prohibition then said article XXIV shall be and form a part of this Constitution,
and be in full force and effect as such from date of said election, but if a majority of said votes shall
appear, according to said returns to be against prohibition, then article XXIV shall be null and void
and shall not be a part of this Constitution. And if it appear, according to the returns hereinafter
provided for, that a majority of all votes cast at said election for and against "minority
representation" are for minority representation, then article XXV shall be and form a part of said
Constitution, and be in full force and effect as such from the date of said election; but if a majority
of said votes shall appear, according to said returns, to be against minority representation, then said
article XXV shall be null and void and shall not be a part of this Constitution.
At such election the person voted for, for any one of the offices to be filled at such election, who
shall receive the highest number of votes cast at said election, shall be declared elected to said office.
§ 6.
Election for temporary seat of government.
At the same time and places of election
there shall be held by said qualified electors an election for the place of the temporary seat of
government.
0N-26-7 Conduct of election.
0N-26-8 Election returns.
0N-26-9 Canvass of vote--Filing with county clerks or auditors.
On each ballot, and on the same ballot on which are the matters voted for or against, as
hereinbefore provided, shall be written or printed the words "for temporary seat of government,"
(Here insert the name of the city, town or place, to be voted for.)
And upon the canvass and return of the vote, made as hereinafter provided for, the name of the
city, town or place which shall have received the largest number of votes for said temporary seat of
government, shall be declared by the Governor, chief justice and secretary of the territory of Dakota,
or by any two of them, at the same time that they shall canvass the vote for or against the
Constitution, together with the whole number of votes cast for each city, town or place, and the
officers above named, shall immediately after the result of said election shall have been ascertained,
issue a proclamation directing the Legislature elected at said election to assemble at said city, town
or place so selected, on the day fixed by this schedule and ordinance.
§ 7.
Conduct of election.
The election provided for herein shall be under the provisions of
the Constitution herewith submitted, and shall be conducted in all respects as elections are
conducted under the general laws of the territory of Dakota, except as herein provided. No mere
technicalities or informalities in the manner 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, as expressed by their votes at the polls.
§ 8.
Election returns.
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 same, with the names of all the
candidates and the number of votes cast for each candidate, and the number of votes cast for and
against the Constitution, and the number of votes cast for and against prohibition, and the
number of votes cast for and against minority representation, and the number of votes cast for
each city, town or place for the "temporary seat of government," to the county clerk, or auditor of
the respective counties, together with one of the poll lists and election books used in said
election.
§ 9.
Canvass of vote--Filing with county clerks or auditors.
Within five days after said
election the several boards of county canvassers provided by law for the canvassing of the results
of the election, shall make and 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 against the Constitution,
of the number of votes cast for and against "prohibition," and the number of votes cast for and
against "minority representation," and the number of votes cast for each city, town or place as the
"temporary seat of government," and of the number of votes cast for each person voted for at
such election, except county officers and members of the Legislature, and shall transmit the same
to the secretary of the territory of Dakota, by mail, and shall file with the county clerk or auditor
of each of said counties a duplicate and certified copy of said return.
0N-26-10 Certification of senator or representative from multi-county district.
0N-26-11 Delivery of returns to proper state officer--Certification to president--Proclamation of e...
Said board of county canvassers shall issue certificates of election to the persons who shall have
received the highest number of votes cast for the respective offices of judge of the county court, and
representatives in the Legislature, and for state senator or senators.
§ 10.
Certification of senator or representative from multi-county district.
When two or
more counties are connected in one senatorial or representative district, it shall be the duty of the
clerks and auditors of the respective counties to attend at the office of the county clerk of the
senior county in the date of organization within twenty days after the date of election, and they
shall compare the votes given in the several counties comprising such senatorial and
representative district and such clerks or auditors shall immediately make out a certificate of
election to the person having the highest number of votes in such district for state senator or
representative or both; which certificate shall be delivered to the person entitled thereto on his
application to the clerk of the senior county of such district.
§ 11.
Delivery of returns to proper state officer--Certification to president--Proclamation
of election result--Lists of elected officers--Certificates of election.
The secretary of the territory
shall receive all returns of election transmitted to him as above provided, and shall preserve the
same, and after they have been canvassed as hereinafter provided, and after the admission of the
state of South Dakota into the union, he shall deliver said returns to the proper state officer of
said state of South Dakota.
0N-26-12 Apportionment of state Legislature--Number of senators and representatives initially elect...
Within fifteen days after said election the secretary of the territory, with the Governor and chief
justice thereof, or any two of them, shall canvass such returns and certify the same to the president
of the United States, as provided in the Enabling Act.
They shall also ascertain the total number of votes cast at such election for the Constitution and
against the Constitution; the total number of votes cast for and against prohibition; and the total
number of votes cast for and against minority representation; and the total number of votes cast for
each city, town or place as the "temporary seat of government"; and the total number of votes cast
for each person voted for, for any office at said election, excepting county judges and members of
the Legislature, and shall declare the result of said election in conformity with such vote, and the
Governor of the territory shall thereupon issue a proclamation at once thereof.
They shall also make and transmit to the state Legislature, immediately upon its organization,
a list of all the state and judicial officers who shall thus be ascertained to be duly elected.
The various county and district canvassing boards shall make and transmit to the secretary of the
territory the names of all persons declared by them to be elected members of the senate and house
of representatives of the state of South Dakota; he shall make separate lists of the senators and
representatives so elected, which list shall constitute the rolls under which the senate and house of
representatives shall be organized.
The Governor of the territory shall make and issue certificates of election to the persons who are
shown by the canvass to have received the highest number of votes for Governor, lieutenant
governor, secretary of state, auditor, treasurer, attorney general, superintendent of public instruction,
commissioner of school and public lands and judges of the Supreme and circuit Courts. Such
certificates to be attested by the secretary of the territory.
§ 12.
Apportionment of state Legislature--Number of senators and representatives
initially elected.
The apportionment made in this Constitution shall govern the elections above
provided for for members of the state Legislature, until otherwise provided by law.
0N-26-13 First assembly of Legislature--Oaths of office.
0N-26-14 Election of two United States senators--Two representatives.
0N-26-15 Adjournment after election of senators--Next meeting.
0N-26-16 Legislature and officers to exercise necessary and authorized powers only pending admissio...
0N-26-17 Validity of ordinances and schedule.
0N-26-18 Freedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial debt-...
At the first election held under this ordinance for senators and representatives of the Legislature,
there shall be elected forty-five senators and one hundred and twenty-four representatives in the state
Legislature respectively.
§ 13.
First assembly of Legislature--Oaths of office.
The Legislature elected under the
provisions of this ordinance and Constitution shall assemble at the temporary seat of government
on the third Tuesday in October, in the year A. D. 1889, at 12 o'clock noon, and on the first day
of their assemblage the Governor and other state officers shall take the oath of office in the
presence of the Legislature. The oath of office shall be administered to the members of the
Legislature and to the state officers by the chief justice of the territory, or by any other officer
duly authorized by the laws of the territory of Dakota to administer oaths.
§ 14.
Election of two United States senators--Two representatives.
Immediately after the
organization of the Legislature and taking the oath of office by the state officers, the Legislature
shall then and there proceed to the election of two senators of the United States for the state of
South Dakota, in the mode and manner provided by the laws of Congress for the election of
United States senators. And the Governor and the secretary of the state of South Dakota shall
certify the election of the said senators and two representatives in Congress, in the manner
required by law.
§ 15.
Adjournment after election of senators--Next meeting.
Immediately after the
election of the United States senators as above provided for, said Legislature shall adjourn to
meet at the temporary seat of government on the first Tuesday after the first Monday of January,
1890, at 12 o'clock m.; provided, however, that if the state of South Dakota has not been
admitted by proclamation or otherwise at said date, then said Legislature shall convene within ten
days after the date of the admission of the state into the union.
§ 16.
Legislature and officers to exercise necessary and authorized powers only pending
admission of state into union.
Nothing in this Constitution or schedule contained shall be
construed to authorize the Legislature to exercise any powers except such as are necessary to its
first organization, and to elect United States senators, and to adjourn as above provided. Nor to
authorize any officer of the executive, administrative or judiciary departments to exercise any
duties of his office until the state of South Dakota shall have been regularly admitted into the
union, excepting such as may be authorized by the Congress of the United States.
§ 17.
Validity of ordinances and schedule.
The ordinances and schedule enacted by this
convention shall be held to be valid for all the purposes thereof.
§ 18.
Freedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial
debt--Public schools--Federal reservations--Irrevocability.
That we, the people of the state of
South Dakota, do ordain:
0N-26-19 Tenure of elected officers.
First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this
state shall ever be molested in person or property on account of his or her mode of religious worship.
Second. That we, the people inhabiting the state of South Dakota, do agree and declare, that we
forever disclaim all right and title to the unappropriated public lands lying within the boundaries of
South Dakota; and to all 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 the United States the same shall be and
remain subject to the disposition of the United States, and said Indian lands shall remain under the
absolute jurisdiction and control of the Congress of the United States; that the lands belonging to
citizens of the United States residing without the said state, shall never be taxed at a higher rate than
the lands belonging to residents of this state. That no taxes shall be imposed by the state of South
Dakota on lands or property therein belonging to or which may hereafter be purchased by the United
States, or reserved for its use. But nothing herein shall preclude the state of South Dakota from
taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal
relation and has obtained from the United States, or from any person a title thereto by patent or other
grant save and except such lands as have been, or may be granted to any Indian or Indians under any
act of Congress containing a provision exempting the lands thus granted from taxation, all such lands
which may have been exempted by any grant or law of the United States, shall remain exempt to the
extent, and as prescribed by such act of Congress.
Third. That the state of South Dakota shall assume and pay that portion of the debts and
liabilities of the territory of Dakota as provided in this Constitution.
Fourth. That provision shall be made for the establishment and maintenance of systems of public
schools, which shall be open to all the children of this state, and free from sectarian control.
Fifth. That jurisdiction is ceded to the United States over the military reservations of Fort Meade,
Fort Randall and Fort Sully, heretofore declared by the president of the United States: provided legal
process, civil and criminal, of this state shall extend over such reservations, in all cases of which
exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits
of such reservations.
These ordinances shall be irrevocable without the consent of the United States, and also the
people of the said state of South Dakota, expressed by their legislative assembly.
§ 19.
Tenure of elected officers.
The tenure of all officers, whose election is provided for
in this schedule, on the first day of October, A. D. 1889, shall be as follows:
0N-26-20 Time of general election.
0N-26-21 Form of ballot.
The Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general,
superintendent of public instruction, commissioner of school and public lands, judges of county
courts, shall hold their respective offices until the first Tuesday, after the first Monday, in January,
A. D. 1891, at twelve o'clock m., and until their successors are elected and qualified.
The judges of the Supreme Court and circuit courts shall hold their offices until the first Tuesday,
after the first Monday, in January, A. D. 1894, at twelve o'clock m., and until their successors are
elected and qualified; subject to the provisions of § 26 of article V of the Constitution.
The terms of office of the members of the Legislature, elected at the first election held under the
provisions of this Constitution, shall expire on the first Tuesday, after the first Monday, in January,
1891.
§ 20.
Time of general election.
That the first general election under the provisions of this
Constitution shall be held on the first Tuesday, after the first Monday, in November, 1890, and
every two years thereafter.
§ 21.
Form of ballot.
The following form of ballot is adopted:
0N-26-22 Enrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy ...
Constitutional Ticket
INSTRUCTIONS TO VOTERS
All persons desiring to vote for the Constitution, or for any of the articles submitted to a separate
vote, may erase the word "No."
All persons who desire to vote against the Constitution, or any articles separately submitted may
erase the word "Yes."
For the Constitution: Yes. No.
For Prohibition: Yes. No.
For Minority Representation: Yes. No.
For ____ as the temporary seat of government.
For Governor.
__________
For Lieutenant Governor.
__________
For Secretary of State.
__________
For Auditor.
__________
For Treasurer.
__________
For Attorney General.
__________
For Superintendent of Public Instruction.
__________
For Commissioner of School and Public Lands.
__________
For Judges of the Supreme Court.
First District __________
Second District __________
Third District __________
For Judge of the Circuit Court ____ Circuit.
For Representatives in Congress.
__________
For State Senator.
__________
For Representative in the Legislature.
__________
For County Judge.
_________
§ 22.
Enrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy to President of United States.
This Constitution shall be enrolled and after adoption and
signing by the convention shall be delivered to Hon. A. J. Edgerton, the president of the
constitutional convention, for safekeeping, and by him to be delivered to the secretary of state as
soon as he assumes the duties of his office, and printed copies thereof shall be prefixed to the
books containing the laws of the state and all future editions thereof.
0N-26-23 Agreement by joint commission concerning territorial records, books, and archives.
The president of this convention shall also supervise the making of the copy that must be sent
to the president of the United States; said copy is to be certified by the president and chief clerk of
this convention.
§ 23.
Agreement by joint commission concerning territorial records, books, and archives.
The agreement made by the joint commission of the constitutional conventions of North and
South Dakota concerning the records, books, and archives of the territory of Dakota is hereby
ratified and confirmed, which agreement is in the words following: That is to say:
The following books, records and archives of the territory of Dakota shall be the property of
North Dakota, to wit:
All records, books and archives in the offices of the Governor and secretary of the territory
(except records of articles of incorporation of domestic corporations, returns of election of delegates
to the constitutional convention of 1889, for South Dakota, returns of elections held under the
so-called local option law in counties within the limits of South Dakota, bonds of notaries public
appointed for counties within the limits of South Dakota, papers relating to the organization of
counties situate within the limits of South Dakota, all of which records and archives are a part of the
records and archives of said secretary's office; excepting also census returns from counties situate
within the limits of South Dakota and papers relating to requisitions issued upon the application of
officers of counties situate within the limits of South Dakota, all which are part of the records and
archives of said Governor's office.)
And the following records, books and archives shall also be the property of the state of North
Dakota, to wit:
Vouchers in the office or in the custody of the auditor of this territory relating to expenditures
on account of public institutions, grounds or buildings situate within the limits of North Dakota; one
warrant register in the office of the treasurer of this territory, being a record of warrants issued under
and by virtue of chapter twenty-four of the laws enacted by the eighteenth legislative assembly of
Dakota territory; all letters, receipts and vouchers in the same office now filed by counties and
pertaining to counties within the limits of North Dakota; paid and canceled coupons in the same
office representing interest on bonds which said state of North Dakota is to assume and pay; reports
of gross earnings of the year 1888 in the same office, made by corporations operating lines of
railroad situated wholly or mainly within the limits of North Dakota; records and papers of the office
of the public examiner of the second district of the territory; records and papers of the office of the
second district board of agriculture; records and papers in the office of the board of pharmacy of the
district of North Dakota.
All records, books and archives of the territory of Dakota which it is not herein agreed shall be
the property of North Dakota, shall be the property of South Dakota.
The following books shall be copied and the copies shall be the property of North Dakota, and
the cost of such copies shall be borne equally by the said states of North Dakota and South Dakota.
That is to say:
Appropriation ledger for the years ending November, 1889 and 1890--one volume.
The current warrant auditor's register--one volume.
Insurance record for 1889--one volume.
Treasurer's cash book "D."
Assessment ledger "B."
Dakota territory bond register--one volume.
Treasurer's current ledger--one volume.
The originals of the foregoing volumes which are to be copied, shall at any time after such
copying shall have been completed, be delivered on demand to the proper authorities of the state of
South Dakota.
All other records, books and archives which it is hereby agreed shall be the property of South
Dakota shall remain at the capital of North Dakota until demanded by the Legislature of the state of
South Dakota, and until the state of North Dakota shall have had a reasonable time after such
demand is made to provide copies or abstracts or such portions thereof as the said state of North
Dakota may desire to have copies or abstracts of.
The state of South Dakota may also provide copies or abstracts of such records, books and
archives which is agreed shall be the property of North Dakota as said state of South Dakota shall
desire to have copies or abstracts of.
The expense of all copies or abstracts of records, books and archives which it is herein agreed
may be made, shall be borne equally by said two states.
