0N-26 SCHEDULE AND ORDINANCE

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\r\nARTICLE XXVI\r\n\r\n

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\r\nSCHEDULE AND ORDINANCE\r\n\r\n

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\r\n\r\n\r\n 1.\r\n    \r\nContinuation of prior writs, actions, claims, and bodies corporate--Validation of\r\npreviously issued process.\r\n\r\n
\r\n\r\n\r\n 2.\r\n    \r\nFines, forfeitures, and escheats of territory to accrue to state.\r\n\r\n
\r\n\r\n\r\n 3.\r\n    \r\nRecognizances, bonds, obligations, and undertakings--Criminal prosecutions and\r\npenal actions.\r\n\r\n
\r\n\r\n\r\n 4.\r\n    \r\nCivil and military officers.\r\n\r\n
\r\n\r\n\r\n 5.\r\n    \r\nElection of Constitution and state officers--Ballots.\r\n\r\n
\r\n\r\n\r\n 6.\r\n    \r\nElection for temporary seat of government.\r\n\r\n
\r\n\r\n\r\n 7.\r\n    \r\nConduct of election.\r\n\r\n
\r\n\r\n\r\n 8.\r\n    \r\nElection returns.\r\n\r\n
\r\n\r\n\r\n 9.\r\n    \r\nCanvass of vote--Filing with county clerks or auditors.\r\n\r\n
\r\n\r\n\r\n10.\r\n    \r\nCertification of senator or representative from multi-county district.\r\n\r\n
\r\n\r\n\r\n11.\r\n    \r\nDelivery of returns to proper state officer--Certification to president--Proclamation\r\nof election result--Lists of elected officers--Certificates of election.\r\n\r\n
\r\n\r\n\r\n12.\r\n    \r\nApportionment of state Legislature--Number of senators and representatives initially\r\nelected.\r\n\r\n
\r\n\r\n\r\n13.\r\n    \r\nFirst assembly of Legislature--Oaths of office.\r\n\r\n
\r\n\r\n\r\n14.\r\n    \r\nElection of two United States senators--Two representatives.\r\n\r\n
\r\n\r\n\r\n15.\r\n    \r\nAdjournment after election of senators--Next meeting.\r\n\r\n
\r\n\r\n\r\n16.\r\n    \r\nLegislature and officers to exercise necessary and authorized powers only pending\r\nadmission of state into union.\r\n\r\n
\r\n\r\n\r\n17.\r\n    \r\nValidity of ordinances and schedule.\r\n\r\n
\r\n\r\n\r\n18.\r\n    \r\nFreedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial\r\ndebt--Public schools--Federal reservations--Irrevocability.\r\n\r\n
\r\n\r\n\r\n19.\r\n    \r\nTenure of elected officers.\r\n\r\n
\r\n\r\n\r\n20.\r\n    \r\nTime of general election.\r\n\r\n
\r\n\r\n\r\n21.\r\n    \r\nForm of ballot.\r\n\r\n
\r\n\r\n\r\n22.\r\n    \r\nEnrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy to President of United States.\r\n\r\n
\r\n23.\r\n    \r\nAgreement by joint commission concerning territorial records, books, and archives.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-1 Continuation of prior writs, actions, claims, and bodies corporate--Validation of previous...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 1.\r\n \r\n\r\n\r\nContinuation of prior writs, actions, claims, and bodies corporate--Validation of\r\npreviously issued process.\r\n \r\nThat no inconvenience may arise from the change of the territorial\r\ngovernment to the permanent state government, it is hereby declared that all writs, actions,\r\nprosecutions, claims and rights of individuals, and all bodies corporate, shall continue as if no\r\nchange had taken place in this government; and all process which may be before the organization\r\nof the judicial department, under this Constitution, issued under the authority of the territory of\r\nDakota, within the boundary of this state, shall be as valid as if issued in the name of the state of\r\nSouth Dakota.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-2 Fines, forfeitures, and escheats of territory to accrue to state. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 2.\r\n \r\n\r\n\r\nFines, forfeitures, and escheats of territory to accrue to state.\r\n \r\nThat all fines, penalties,\r\nforfeitures and escheats accruing to the territory of Dakota, within the boundary of the state of\r\nSouth Dakota, shall accrue to the use of said state.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-3 Recognizances, bonds, obligations, and undertakings--Criminal prosecutions and penal actio...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 3.\r\n \r\n\r\n\r\nRecognizances, bonds, obligations, and undertakings--Criminal prosecutions and\r\npenal actions.\r\n \r\nThat all recognizances, bonds, obligations or other undertakings, heretofore taken,\r\nor which may be taken before the organization of the judicial department under this Constitution,\r\nshall remain valid, and shall pass over to, and may be prosecuted in the name of the state of\r\nSouth Dakota; and all bonds, obligations or undertakings, executed to this territory, within the\r\nboundaries of the state of South Dakota, or to any officer in his official capacity, shall pass over\r\nto the proper state authority, and to their successors in office, for the uses therein respectively\r\nexpressed, and may be sued for and recovered accordingly.
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\r\nAll criminal prosecutions and penal actions, which have arisen, or which may arise before the\r\norganization of the judicial department under this Constitution, and which shall then be pending,\r\nmay be prosecuted to judgment and executed in the name of the state.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-4 Civil and military officers. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 4.\r\n \r\n\r\n\r\nCivil and military officers.\r\n \r\nAll officers, civil and military, now holding their offices\r\nand appointments in this territory under the authority of the United States, or under the authority\r\nof the territory of Dakota, shall continue to hold and exercise their respective offices and\r\nappointments until superseded under this Constitution: provided, that the provisions of the above\r\nsections shall be subject to the provisions of the act of Congress providing for the admission of\r\nthe state of South Dakota, approved by the president of the United States on February 22, 1889.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-5 Election of Constitution and state officers--Ballots. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 5.\r\n \r\n\r\n\r\nElection of Constitution and state officers--Ballots.\r\n \r\nThis Constitution shall be\r\nsubmitted for adoption or rejection to a vote of the electors qualified by the laws of this territory\r\nto vote at all elections, at the election to be held on Tuesday, October 1, 1889.
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\r\nAt the said election the ballots shall be in the following form:
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\r\nFor the Constitution: Yes. No.
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\r\nFor prohibition: Yes. No.
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\r\nFor minority representation: Yes. No.
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\r\nAs a heading to each of said ballots shall be printed on each ballot the following instructions to\r\nvoters:
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\r\nAll persons desiring to vote for the Constitution, or for any of the articles submitted to a separate\r\nvote, must erase the word "No."
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\r\nAll persons who desire to vote against the Constitution, or against any article submitted\r\nseparately, must erase the word "Yes."
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\r\nAny person may have printed or written on his ballot only the words "for the Constitution," or\r\n"against the Constitution," and such ballot shall be counted for or against the Constitution\r\naccordingly. The same provision shall apply to articles submitted separately.
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\r\nIn addition to the foregoing election for the Constitution and for the articles submitted by this\r\nconvention for a separate vote thereon, an election shall be held at the same time and places, by the\r\nsaid qualified electors, for the following state officers, to be voted for on the same ballot as above\r\nprovided for votes on the Constitution and separate articles, to wit:
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\r\nA Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general,\r\nsuperintendent of public instruction, commissioner of school and public lands, judges of the\r\nSupreme, circuit and county Courts, representatives in Congress, state senators, and representatives\r\nin the Legislature.
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\r\nAll the elections above provided for shall be held in the same manner and form as provided for\r\nthe election for the adoption or rejection of the Constitution. And the names of all the officers above\r\nspecified to be voted for at such election shall be written or printed upon the same ballots as the vote\r\nfor or against the Constitution.
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\r\nThe judges of election in counting the ballots voted at such election shall count all the affirmative\r\nballots upon the Constitution as votes for the Constitution; and they shall count all the negative\r\nballots voted at said election upon the Constitution as votes against the Constitution; and ballots\r\nvoted at said election upon which neither of said words "yes" or "no" following the words "for the\r\nConstitution" are erased, shall not be counted upon such proposition. And they shall count all\r\naffirmative ballots so voted upon the article on prohibition separately submitted, as votes for such\r\narticle, and they shall count all negative ballots so voted upon such article as votes against such\r\narticle; and ballots upon which neither the words "yes" or "no" following the words "for prohibition"\r\nare erased, shall not be counted upon such proposition; and they shall count all the affirmative ballots\r\nso voted upon the article on minority representation, separately submitted, as votes for such article.\r\nAnd they shall count all negative ballots so voted upon such article as votes against such article; and\r\nballots upon which neither of said words "yes" or "no" following the words "for minority\r\nrepresentation" are erased, shall not be counted upon such proposition.
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\r\nIf it shall appear in accordance with the returns hereinafter provided for, that a majority of the\r\nvotes polled at such election, for and against the Constitution, are for the Constitution, then this\r\nConstitution shall be the Constitution of the state of South Dakota. If it shall appear, according to\r\nthe returns hereinafter provided for, that a majority of all votes cast at said election for and against\r\n"prohibition" are for prohibition then said article XXIV shall be and form a part of this Constitution,\r\nand be in full force and effect as such from date of said election, but if a majority of said votes shall\r\nappear, according to said returns to be against prohibition, then article XXIV shall be null and void\r\nand shall not be a part of this Constitution. And if it appear, according to the returns hereinafter\r\nprovided for, that a majority of all votes cast at said election for and against "minority\r\nrepresentation" are for minority representation, then article XXV shall be and form a part of said\r\nConstitution, and be in full force and effect as such from the date of said election; but if a majority\r\nof said votes shall appear, according to said returns, to be against minority representation, then said\r\narticle XXV shall be null and void and shall not be a part of this Constitution.
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\r\nAt such election the person voted for, for any one of the offices to be filled at such election, who\r\nshall receive the highest number of votes cast at said election, shall be declared elected to said office.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-6 Election for temporary seat of government. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 6.\r\n \r\n\r\n\r\nElection for temporary seat of government.\r\n \r\nAt the same time and places of election\r\nthere shall be held by said qualified electors an election for the place of the temporary seat of\r\ngovernment.
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\r\nOn each ballot, and on the same ballot on which are the matters voted for or against, as\r\nhereinbefore provided, shall be written or printed the words "for temporary seat of government,"\r\n(Here insert the name of the city, town or place, to be voted for.)
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\r\nAnd upon the canvass and return of the vote, made as hereinafter provided for, the name of the\r\ncity, town or place which shall have received the largest number of votes for said temporary seat of\r\ngovernment, shall be declared by the Governor, chief justice and secretary of the territory of Dakota,\r\nor by any two of them, at the same time that they shall canvass the vote for or against the\r\nConstitution, together with the whole number of votes cast for each city, town or place, and the\r\nofficers above named, shall immediately after the result of said election shall have been ascertained,\r\nissue a proclamation directing the Legislature elected at said election to assemble at said city, town\r\nor place so selected, on the day fixed by this schedule and ordinance.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-7 Conduct of election. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 7.\r\n \r\n\r\n\r\nConduct of election.\r\n \r\nThe election provided for herein shall be under the provisions of\r\nthe Constitution herewith submitted, and shall be conducted in all respects as elections are\r\nconducted under the general laws of the territory of Dakota, except as herein provided. No mere\r\ntechnicalities or informalities in the manner or form of election, or neglect of any officer to\r\nperform his duty with regard thereto, shall be deemed to vitiate or avoid the same, it being the\r\ntrue intent and object of this ordinance to ascertain and give effect to the true will of the people\r\nof the state of South Dakota, as expressed by their votes at the polls.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-8 Election returns. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 8.\r\n \r\n\r\n\r\nElection returns.\r\n \r\nImmediately after the election herein provided for, the judges of\r\nelection at each voting place shall make a true and complete count of all the votes duly cast at\r\nsuch election, and shall certify and return the result of the same, with the names of all the\r\ncandidates and the number of votes cast for each candidate, and the number of votes cast for and\r\nagainst the Constitution, and the number of votes cast for and against prohibition, and the\r\nnumber of votes cast for and against minority representation, and the number of votes cast for\r\neach city, town or place for the "temporary seat of government," to the county clerk, or auditor of\r\nthe respective counties, together with one of the poll lists and election books used in said\r\nelection.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-9 Canvass of vote--Filing with county clerks or auditors. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 9.\r\n \r\n\r\n\r\nCanvass of vote--Filing with county clerks or auditors.\r\n \r\nWithin five days after said\r\nelection the several boards of county canvassers provided by law for the canvassing of the results\r\nof the election, shall make and certify to the secretary of the territory of Dakota the true and\r\ncorrect return of the total number of votes cast for the Constitution, and against the Constitution,\r\nof the number of votes cast for and against "prohibition," and the number of votes cast for and\r\nagainst "minority representation," and the number of votes cast for each city, town or place as the\r\n"temporary seat of government," and of the number of votes cast for each person voted for at\r\nsuch election, except county officers and members of the Legislature, and shall transmit the same\r\nto the secretary of the territory of Dakota, by mail, and shall file with the county clerk or auditor\r\nof each of said counties a duplicate and certified copy of said return.
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\r\nSaid board of county canvassers shall issue certificates of election to the persons who shall have\r\nreceived the highest number of votes cast for the respective offices of judge of the county court, and\r\nrepresentatives in the Legislature, and for state senator or senators.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-10 Certification of senator or representative from multi-county district. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 10.\r\n \r\n\r\n\r\nCertification of senator or representative from multi-county district.\r\n \r\nWhen two or\r\nmore counties are connected in one senatorial or representative district, it shall be the duty of the\r\nclerks and auditors of the respective counties to attend at the office of the county clerk of the\r\nsenior county in the date of organization within twenty days after the date of election, and they\r\nshall compare the votes given in the several counties comprising such senatorial and\r\nrepresentative district and such clerks or auditors shall immediately make out a certificate of\r\nelection to the person having the highest number of votes in such district for state senator or\r\nrepresentative or both; which certificate shall be delivered to the person entitled thereto on his\r\napplication to the clerk of the senior county of such district.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-11 Delivery of returns to proper state officer--Certification to president--Proclamation of e...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 11.\r\n \r\n\r\n\r\nDelivery of returns to proper state officer--Certification to president--Proclamation\r\nof election result--Lists of elected officers--Certificates of election.\r\n \r\nThe secretary of the territory\r\nshall receive all returns of election transmitted to him as above provided, and shall preserve the\r\nsame, and after they have been canvassed as hereinafter provided, and after the admission of the\r\nstate of South Dakota into the union, he shall deliver said returns to the proper state officer of\r\nsaid state of South Dakota.
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\r\nWithin fifteen days after said election the secretary of the territory, with the Governor and chief\r\njustice thereof, or any two of them, shall canvass such returns and certify the same to the president\r\nof the United States, as provided in the Enabling Act.
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\r\nThey shall also ascertain the total number of votes cast at such election for the Constitution and\r\nagainst the Constitution; the total number of votes cast for and against prohibition; and the total\r\nnumber of votes cast for and against minority representation; and the total number of votes cast for\r\neach city, town or place as the "temporary seat of government"; and the total number of votes cast\r\nfor each person voted for, for any office at said election, excepting county judges and members of\r\nthe Legislature, and shall declare the result of said election in conformity with such vote, and the\r\nGovernor of the territory shall thereupon issue a proclamation at once thereof.
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\r\nThey shall also make and transmit to the state Legislature, immediately upon its organization,\r\na list of all the state and judicial officers who shall thus be ascertained to be duly elected.
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\r\nThe various county and district canvassing boards shall make and transmit to the secretary of the\r\nterritory the names of all persons declared by them to be elected members of the senate and house\r\nof representatives of the state of South Dakota; he shall make separate lists of the senators and\r\nrepresentatives so elected, which list shall constitute the rolls under which the senate and house of\r\nrepresentatives shall be organized.
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\r\nThe Governor of the territory shall make and issue certificates of election to the persons who are\r\nshown by the canvass to have received the highest number of votes for Governor, lieutenant\r\ngovernor, secretary of state, auditor, treasurer, attorney general, superintendent of public instruction,\r\ncommissioner of school and public lands and judges of the Supreme and circuit Courts. Such\r\ncertificates to be attested by the secretary of the territory.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-12 Apportionment of state Legislature--Number of senators and representatives initially elect...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 12.\r\n \r\n\r\n\r\nApportionment of state Legislature--Number of senators and representatives\r\ninitially elected.\r\n \r\nThe apportionment made in this Constitution shall govern the elections above\r\nprovided for for members of the state Legislature, until otherwise provided by law.
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\r\nAt the first election held under this ordinance for senators and representatives of the Legislature,\r\nthere shall be elected forty-five senators and one hundred and twenty-four representatives in the state\r\nLegislature respectively.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-13 First assembly of Legislature--Oaths of office. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 13.\r\n \r\n\r\n\r\nFirst assembly of Legislature--Oaths of office.\r\n \r\nThe Legislature elected under the\r\nprovisions of this ordinance and Constitution shall assemble at the temporary seat of government\r\non the third Tuesday in October, in the year A. D. 1889, at 12 o'clock noon, and on the first day\r\nof their assemblage the Governor and other state officers shall take the oath of office in the\r\npresence of the Legislature. The oath of office shall be administered to the members of the\r\nLegislature and to the state officers by the chief justice of the territory, or by any other officer\r\nduly authorized by the laws of the territory of Dakota to administer oaths.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-14 Election of two United States senators--Two representatives. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 14.\r\n \r\n\r\n\r\nElection of two United States senators--Two representatives.\r\n \r\nImmediately after the\r\norganization of the Legislature and taking the oath of office by the state officers, the Legislature\r\nshall then and there proceed to the election of two senators of the United States for the state of\r\nSouth Dakota, in the mode and manner provided by the laws of Congress for the election of\r\nUnited States senators. And the Governor and the secretary of the state of South Dakota shall\r\ncertify the election of the said senators and two representatives in Congress, in the manner\r\nrequired by law.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-15 Adjournment after election of senators--Next meeting. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 15.\r\n \r\n\r\n\r\nAdjournment after election of senators--Next meeting.\r\n \r\nImmediately after the\r\nelection of the United States senators as above provided for, said Legislature shall adjourn to\r\nmeet at the temporary seat of government on the first Tuesday after the first Monday of January,\r\n1890, at 12 o'clock m.; provided, however, that if the state of South Dakota has not been\r\nadmitted by proclamation or otherwise at said date, then said Legislature shall convene within ten\r\ndays after the date of the admission of the state into the union.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-16 Legislature and officers to exercise necessary and authorized powers only pending admissio...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 16.\r\n \r\n\r\n\r\nLegislature and officers to exercise necessary and authorized powers only pending\r\nadmission of state into union.\r\n \r\nNothing in this Constitution or schedule contained shall be\r\nconstrued to authorize the Legislature to exercise any powers except such as are necessary to its\r\nfirst organization, and to elect United States senators, and to adjourn as above provided. Nor to\r\nauthorize any officer of the executive, administrative or judiciary departments to exercise any\r\nduties of his office until the state of South Dakota shall have been regularly admitted into the\r\nunion, excepting such as may be authorized by the Congress of the United States.

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-17 Validity of ordinances and schedule. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 17.\r\n \r\n\r\n\r\nValidity of ordinances and schedule.\r\n \r\nThe ordinances and schedule enacted by this\r\nconvention shall be held to be valid for all the purposes thereof.

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-18 Freedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial debt-...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 18.\r\n \r\n\r\n\r\nFreedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial\r\ndebt--Public schools--Federal reservations--Irrevocability.\r\n \r\nThat we, the people of the state of\r\nSouth Dakota, do ordain:
\r\n\r\n

\r\nFirst. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this\r\nstate shall ever be molested in person or property on account of his or her mode of religious worship.
\r\n\r\n

\r\nSecond. That we, the people inhabiting the state of South Dakota, do agree and declare, that we\r\nforever disclaim all right and title to the unappropriated public lands lying within the boundaries of\r\nSouth Dakota; and to all lands lying within said limits owned or held by any Indian or Indian tribes,\r\nand that until the title thereto shall have been extinguished by the United States the same shall be and\r\nremain subject to the disposition of the United States, and said Indian lands shall remain under the\r\nabsolute jurisdiction and control of the Congress of the United States; that the lands belonging to\r\ncitizens of the United States residing without the said state, shall never be taxed at a higher rate than\r\nthe lands belonging to residents of this state. That no taxes shall be imposed by the state of South\r\nDakota on lands or property therein belonging to or which may hereafter be purchased by the United\r\nStates, or reserved for its use. But nothing herein shall preclude the state of South Dakota from\r\ntaxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal\r\nrelation and has obtained from the United States, or from any person a title thereto by patent or other\r\ngrant save and except such lands as have been, or may be granted to any Indian or Indians under any\r\nact of Congress containing a provision exempting the lands thus granted from taxation, all such lands\r\nwhich may have been exempted by any grant or law of the United States, shall remain exempt to the\r\nextent, and as prescribed by such act of Congress.
\r\n\r\n

\r\nThird. That the state of South Dakota shall assume and pay that portion of the debts and\r\nliabilities of the territory of Dakota as provided in this Constitution.
\r\n\r\n

\r\nFourth. That provision shall be made for the establishment and maintenance of systems of public\r\nschools, which shall be open to all the children of this state, and free from sectarian control.
\r\n\r\n

\r\nFifth. That jurisdiction is ceded to the United States over the military reservations of Fort Meade,\r\nFort Randall and Fort Sully, heretofore declared by the president of the United States: provided legal\r\nprocess, civil and criminal, of this state shall extend over such reservations, in all cases of which\r\nexclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits\r\nof such reservations.
\r\n\r\n

\r\nThese ordinances shall be irrevocable without the consent of the United States, and also the\r\npeople of the said state of South Dakota, expressed by their legislative assembly.

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-19 Tenure of elected officers. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 19.\r\n \r\n\r\n\r\nTenure of elected officers.\r\n \r\nThe tenure of all officers, whose election is provided for\r\nin this schedule, on the first day of October, A. D. 1889, shall be as follows:
\r\n\r\n

\r\nThe Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general,\r\nsuperintendent of public instruction, commissioner of school and public lands, judges of county\r\ncourts, shall hold their respective offices until the first Tuesday, after the first Monday, in January,\r\nA. D. 1891, at twelve o'clock m., and until their successors are elected and qualified.
\r\n\r\n

\r\nThe judges of the Supreme Court and circuit courts shall hold their offices until the first Tuesday,\r\nafter the first Monday, in January, A. D. 1894, at twelve o'clock m., and until their successors are\r\nelected and qualified; subject to the provisions of § 26 of article V of the Constitution.
\r\n\r\n

\r\nThe terms of office of the members of the Legislature, elected at the first election held under the\r\nprovisions of this Constitution, shall expire on the first Tuesday, after the first Monday, in January,\r\n1891.

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-20 Time of general election. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 20.\r\n \r\n\r\n\r\nTime of general election.\r\n \r\nThat the first general election under the provisions of this\r\nConstitution shall be held on the first Tuesday, after the first Monday, in November, 1890, and\r\nevery two years thereafter.

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-21 Form of ballot. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 21.\r\n \r\n\r\n\r\nForm of ballot.\r\n \r\nThe following form of ballot is adopted:
\r\n

Constitutional Ticket

\r\n\r\n
\r\n

INSTRUCTIONS TO VOTERS

\r\n\r\n
\r\n\r\n

\r\nAll persons desiring to vote for the Constitution, or for any of the articles submitted to a separate\r\nvote, may erase the word "No."
\r\n\r\n

\r\nAll persons who desire to vote against the Constitution, or any articles separately submitted may\r\nerase the word "Yes."
\r\n\r\n

\r\nFor the Constitution: Yes. No.
\r\n\r\n

\r\nFor Prohibition: Yes. No.
\r\n\r\n

\r\nFor Minority Representation: Yes. No.
\r\n\r\n

\r\nFor ____ as the temporary seat of government.
\r\n

For Governor.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Lieutenant Governor.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Secretary of State.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Auditor.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Treasurer.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Attorney General.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Superintendent of Public Instruction.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Commissioner of School and Public Lands.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Judges of the Supreme Court.

\r\n\r\n
\r\n\r\n

\r\nFirst District __________
\r\n\r\n

\r\nSecond District __________
\r\n\r\n

\r\nThird District __________
\r\n

For Judge of the Circuit Court ____ Circuit.

\r\n\r\n
\r\n

For Representatives in Congress.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For State Senator.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For Representative in the Legislature.

\r\n\r\n
\r\n\r\n

\r\n__________
\r\n

For County Judge.

\r\n\r\n
\r\n\r\n

\r\n_________

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-22 Enrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy ...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 22.\r\n \r\n\r\n\r\nEnrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy to President of United States.\r\n \r\nThis Constitution shall be enrolled and after adoption and\r\nsigning by the convention shall be delivered to Hon. A. J. Edgerton, the president of the\r\nconstitutional convention, for safekeeping, and by him to be delivered to the secretary of state as\r\nsoon as he assumes the duties of his office, and printed copies thereof shall be prefixed to the\r\nbooks containing the laws of the state and all future editions thereof.
\r\n\r\n

\r\nThe president of this convention shall also supervise the making of the copy that must be sent\r\nto the president of the United States; said copy is to be certified by the president and chief clerk of\r\nthis convention.

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-26-23 Agreement by joint commission concerning territorial records, books, and archives. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 23.\r\n \r\n\r\n\r\nAgreement by joint commission concerning territorial records, books, and archives.\r\n\r\n\r\nThe agreement made by the joint commission of the constitutional conventions of North and\r\nSouth Dakota concerning the records, books, and archives of the territory of Dakota is hereby\r\nratified and confirmed, which agreement is in the words following: That is to say:
\r\n\r\n

\r\nThe following books, records and archives of the territory of Dakota shall be the property of\r\nNorth Dakota, to wit:
\r\n\r\n

\r\nAll records, books and archives in the offices of the Governor and secretary of the territory\r\n(except records of articles of incorporation of domestic corporations, returns of election of delegates\r\nto the constitutional convention of 1889, for South Dakota, returns of elections held under the\r\nso-called local option law in counties within the limits of South Dakota, bonds of notaries public\r\nappointed for counties within the limits of South Dakota, papers relating to the organization of\r\ncounties situate within the limits of South Dakota, all of which records and archives are a part of the\r\nrecords and archives of said secretary's office; excepting also census returns from counties situate\r\nwithin the limits of South Dakota and papers relating to requisitions issued upon the application of\r\nofficers of counties situate within the limits of South Dakota, all which are part of the records and\r\narchives of said Governor's office.)
\r\n\r\n

\r\nAnd the following records, books and archives shall also be the property of the state of North\r\nDakota, to wit:
\r\n\r\n

\r\nVouchers in the office or in the custody of the auditor of this territory relating to expenditures\r\non account of public institutions, grounds or buildings situate within the limits of North Dakota; one\r\nwarrant register in the office of the treasurer of this territory, being a record of warrants issued under\r\nand by virtue of chapter twenty-four of the laws enacted by the eighteenth legislative assembly of\r\nDakota territory; all letters, receipts and vouchers in the same office now filed by counties and\r\npertaining to counties within the limits of North Dakota; paid and canceled coupons in the same\r\noffice representing interest on bonds which said state of North Dakota is to assume and pay; reports\r\nof gross earnings of the year 1888 in the same office, made by corporations operating lines of\r\nrailroad situated wholly or mainly within the limits of North Dakota; records and papers of the office\r\nof the public examiner of the second district of the territory; records and papers of the office of the\r\nsecond district board of agriculture; records and papers in the office of the board of pharmacy of the\r\ndistrict of North Dakota.
\r\n\r\n

\r\nAll records, books and archives of the territory of Dakota which it is not herein agreed shall be\r\nthe property of North Dakota, shall be the property of South Dakota.
\r\n\r\n

\r\nThe following books shall be copied and the copies shall be the property of North Dakota, and\r\nthe cost of such copies shall be borne equally by the said states of North Dakota and South Dakota.\r\nThat is to say:
\r\n\r\n

\r\nAppropriation ledger for the years ending November, 1889 and 1890--one volume.
\r\n\r\n

\r\nThe current warrant auditor's register--one volume.
\r\n\r\n

\r\nInsurance record for 1889--one volume.
\r\n\r\n

\r\nTreasurer's cash book "D."
\r\n\r\n

\r\nAssessment ledger "B."
\r\n\r\n

\r\nDakota territory bond register--one volume.
\r\n\r\n

\r\nTreasurer's current ledger--one volume.
\r\n\r\n

\r\nThe originals of the foregoing volumes which are to be copied, shall at any time after such\r\ncopying shall have been completed, be delivered on demand to the proper authorities of the state of\r\nSouth Dakota.
\r\n\r\n

\r\nAll other records, books and archives which it is hereby agreed shall be the property of South\r\nDakota shall remain at the capital of North Dakota until demanded by the Legislature of the state of\r\nSouth Dakota, and until the state of North Dakota shall have had a reasonable time after such\r\ndemand is made to provide copies or abstracts or such portions thereof as the said state of North\r\nDakota may desire to have copies or abstracts of.\r\n

\r\n\r\n

\r\nThe state of South Dakota may also provide copies or abstracts of such records, books and\r\narchives which is agreed shall be the property of North Dakota as said state of South Dakota shall\r\ndesire to have copies or abstracts of.
\r\n\r\n

\r\nThe expense of all copies or abstracts of records, books and archives which it is herein agreed\r\nmay be made, shall be borne equally by said two states.

\r\n

\r\n\r\n","Credits":null,"StatuteText":null,"Article":null,"Created":null,"CreatedById":null,"LastUpdated":null,"LastUpdatedBy":null,"Repealed":false,"StatuteReferencesReferencesStatute":[],"StatuteReferencesStatute":[]}