The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1864-09-03

Representatives, for the use Of Congress.
And jim case of the death, removal, resig-
nation or absence Of the Governor from the
Territory, the Secretary shall be and he is
hereby authorized and required to execute
and perform all the powers and duties of
the Governor during such vacancy or abb
sence, or until another Governor shall be
duly appointed and qualified to fill such
Tacancy..s ..:.,.. -... F.
Sec, 4. And be it further enacted, that
the legislative power and authority of said
Territory shall .be vested in the Governor
,and Legislative Assembly. The Legis-
IatSe Assembly shall consist of Council
land House of Representatives. The 'Coun-
Gil shall consist off seven 0zembers, having
the qualifications of voters, rs hereinafter
prescribed, whose term of service shall con-
tinue two years. The House of Repre-
sentatives shall, at its first session, consist
Of thlrteen members, possessing the same
qualifications as prescribed for the mem
bers Of; the Council, and whose term of
service shall continue one year. The num-
Der OF Representatives may be increased by
the Legislative Assembly from time to time
to twenty-six, in proportion to the increase
OF qualified" voters; and the Council, in
like manner, to thirteen. An apportion-
ment shall be made, as nearly equal as
practicable, among the several counties or
districts; for. the election Of, the Council
and Representatives, giving to,each section
OF the Territory representation in the ratio
of its qualified voters aS nearly as may be-.
And the members of the Council and Of the
House of Representatives shall reside in,
and be inhabitants of the district or connty
or counties for which. they be elected re-
spectively. Previous to the first election
the Governor shall esllse census or enum-
Grafton of the inhabitants and qualified vo-
ters OF the several counties and districts of
the Territory to be taken by such persons
and in such mode as the governor shall de:
signate and appoint, and the persons so ap-
pointedsshall receive reasonable compen-
sation therefor. And the first election
shall be held at such time and places, and
be conducted in such4nanner, both Us to
the persons who shall superintend such
election and the returns. thereof, as the
governor shall appoint and direct; and BE
shall at the same time declare the.number
of members of the council and house of
REPRESENTATIVES to which each of the coun-
ties or districts shall be entitled under this
act. The persons having the highest NUN ;
Der of legal votes in each of said council
Districts, respectively, for memberssof the
council, shalt be declared by the governor
tS be duly elected to the council; and the
PERSONS having the highest number Of legal
votesfor the house. of representatives in
each of said represcntat.vt {. b yr:cts, res
pectiveiy, -shalF he "}ff. lar = -Esv Ihe COVER
nor to o'be drir eEcatt,f' r1"p,bSts of said
houses PfVralgd, That in 'cast st votes, and
in case aSacancy shsAl otherwise occur two
or more persons voted for shall! have an
tequh number in either branch of the legis-
lahve assembly, the governor shall order 9
new election. And the persons thus ekc-
Ited to ths'legislative assembly shalt u -et
at such place and on sVch day as the o :
ernor shall appoint; but thereafter the time
place, and manner of holding and conduct.
ing 'ill elections by the people, and the au,
portioriing the representation in the seyera
counties OF districtss to the council and
house OF representatives, according to the
number Of qualified voters, shall be pre-,
scribed by law, as we'll as the day Of thf
commencement of the regular sessions d
legislative assembly: Provided, That ne
session in any one year shall exceed tht
term of forty days, except the first session
which may continue sixty days. IL ~ =,
Secs. Ind be 1t further enacted, Tha
every free white male inhsbitant above The
age of twenty -one years.. who shall have
been an actual resident of said Tetritor,
for thirty days prior to the first election
shall be entitled ito vote at said election
| and shall be eligible to.any Office within tht
l-said Territory; but the qualifications Of vo
| ters, and Of holding Office, at all subsequen
elections,' shall be. such. as shall be pre-.
ssribed by thelegislatiye assembly,. = "
:, SEC. 8. Ind be ii further enacted, Tha
1.-THE legislative power of the Territory,shai
extend to all rightful subjects Of Legislation
consistent with the Constitution Of the Uni
ted States and the provisions of this act
but no law shall be passed interfering Will
the primary disposal Of the soil; no ia,
shan be imposed upon the propertNof th,
4 United States, nor shall the lands or othe
property Of non-residents be taxed highe
than the lands or other property of resi-
tdents. Every bill which shall have psssel
the council and house Of representative O
Fthe said Territory shall, before it become
p law, be presented to the governor Of til
! Territory III he approve, he shall sign i,
! but if not, he shall return it, With his" oh
j Elections, to'the house ih which il originated
who shall enter the oBjestionsist large up
On. their joufnai and proceed TO reconside
tit.s H,Isaftef ssuM reconsideration, two
4 thirds, of that house shalk agree to pass th
,tbiA, it shall be sent, togethsf with the oh
tjeotiens, to the other house, BY which 4
u shall likewise be reconsidared; and if az
4 stproyed'by twe-thirds Of that hoase, it aha
i,bscpme law. But in all 'stch ycases "a
votes Of both houses shall he determine
! by yeays ana nays ebe entered on tb
,EhjUprnaf of seachs house, respectively. 7
amy bill llishall not be returned by the 20,
) lsenorwithin three days (Sunday excepted
letter it'shall have been presented TO hin
! |the same bin shall be law, in lise ma,
;fner ~ il he Had signed it, unless the al
sembly, by adjearnment, prevent it's y
b t|turn; In which case.i it shall not be. 4 la,
ID ProeidId, That whereas slavery is prohil
stised ifaisaid Tefritofy by act Of Congress-