Smyrna times., 1865-05-04

,' ,i.,1ent of Idaho, approved March third
cigbteen hundred and sixty three, shall be entitled to
vne M said first election and shall be eligible to any
office within the said Territory; but the qualihca
tions of voters, aud of holding office, at all subse
oncnt elections, shall be such shall be prescribed
| by the Legislative Assembly.
Sec. 6. 1nd be it further enacted, That the egis-
Iatve power of the Territory shall extend to all
Iighttu subjects of legislation consistent with the
Constitution of the United States and the provisions
of this act; but law shall be passed interfering
with the primary disposal of the soil tax shall be
imposed upon the property of the United States, nor
shall the lands other property of nonresidents be
taxed higher than the lands other property of
dents. Every bill which shall have passed the
council and house of representatives of the said Ter
rltOry SHALL before it becomes law, be presented TO
the Governor of the Territory. II he approve, he
shall sign it; but if not, he shall return it, with his
objections, to the house in which it originated, who
shall enter the objections at large upon their Jour-
nal and proceed to reconsider it. If after such re-
consideration, twothrds of that house shall agree
TO pass the bill, it shall be sent, together with the
objections, TO the other house, bv which it shall like
wise he recOnSIdered, and. if approved by twohirds
OF that house, it shall become law. But in all such
cases the votes OF both houses shall be determined
by yeas and nays, TO be entered on the journal of
each house, respectively. If any bill shall not be
returned by the Governor within three days Sunday
exceptcd after it shall have been presented to him,
the same shall be law, in like manner if he had
signed it, unless the Assembly, by adjournment, pre-
its return; in which it shall not be law:
Pr0Uided, That whereas slavery is prohibited in
said Territory by act of Congress of June nine
teenlh, eighteen hundred and sxty-two nothing
herein contained shall be construed to authorize or
permit its existence therein.
Sec. Z. lind be it further enacted, That all town.
ship, district and county officers not herein other
wise provided for, shall be appointed or elected.
the case may be, IN such manner shall be provid
ed by the Governor aud Legislative Assembly of the
Territory Of Montana. The Governor shall nomi-
nate, and, by and with the advice and consent of the
Legislative Council, appoint all officers not otherwise
provided for; and in the first instance the Governor
alone may appoint all said officers, who shall hold
their offices until the end of the first session of the
tirst session of the Legislative Assembly, and shall
lay off the necessary districts for members Of the
council and house OF representatives, and all other
officers.
Sec. 8. And be il further enacted, That no men,
Der of the Legislative Assembly shall hold be ap-
pointed to any Office which shall have been created
or the salary or emOluments of which shall have
been Increased while he was a member, during the
term for which he elected, and for year af
ter the expiration of such term but this restriction
shall be applicable to members of the first Legis
latve Assembly. And no person holding commits
sion appointment under the United States except
postmaster, shall be a member of the Legislative
Assembly, or shall hold any office under the Govern
ment of said Territory.
Sec. 9. And be it further enacted, That the Judi
cal power of said Territory shall be vested in
premc court district courts, probate courts and in
justices OF the peace The supreme court shall con-
sst OF chief Justice and associate Justices any
two of whom shall constitute a quorum, and who
shall hold term at the seat of government of said
Territory annually and they shall hold their offices
during the period OF four years. and until their sue
cessors shall be appointed and qualified. The said
Territory shall he divided into three judicial districts
and district court shall be held in each o. said dis
rIcts by of the justices OF the supreme court at
such times and places may be prescribed by law ;
and the said Judges, shall after their appointments,
respectively, reside in the districts which shall be
assigned them. The Jurisdiction of the several
courts herein provided for, both appellate and org
nal, and that Of the probate courts and of justices Of
the peace, shall be limited by law Provided, That
justices Of the peace shall not haVe jurisdiction of
o any matter ID controversy when the title OF land
may be in dispute, where the debt or sum claim
ed shall exceed one hundred dollars; and the said
preme and district courts, respectively shall possess
ehancery as well as common law jurisdiction. Each
ustilct court or the Judge thereof, shall appoint its
ce[k' who shall also be the register in chancery and
sr"H Aeep ms once at the place where the court
may be held. Writs of error hills Of excent;ons
and appeals shall he allowed in all cases from ,ha
hna decisions OF said district courts to the sunreme
court, under such regulations may be prescribed
by law. The supreme court, the Justices thereof
shall appoint its own clerk and every clerk shall
: he shall have been appointed, Wrts of error anc
appeals from the final decisions of said supreme
court shall be allowed and may be taken to the Su
prene Court of the United States, in the man
hcr and under the same regulations from the cir
: cut courts of the United States where the value o.
the property, or the amount in controversy to be
certaned by the oath affirmation Of either party
Vi otuer competent witnesses shall exceed one thou
: saho dolars except that a writ of error or appea
S.ai oe ao wed to the Supreme Court ofthe United
ota'eS from tne decision of the said supreme court
e created by tins act, or of nnv iudge thereof upon
any wrIts OF habeas coruus invoIv1g the ouestion OF
personal freedom And each of the said district
courts shsh nave and exercise the jurisdiction
IN all cases arising under the Constitution and laws
OF the Ohled States as is vested in the circuit and
district courts oil the United States and the first six
days Of every term of said courts or 40 mnch thereof
as shall De necessary shall be appropriated TO the
trial of causes arising under the said Constitution
0 and laws; and wrs of and appeal in all snch
shall be made to the supreme court of said Ter
rtory the sumo as in other cases. The said clerLs
shall receive n all such cases. the same fees which
the clerks Of the district courts of Washington Ter
r rtory now receive for similar services.
G Sec. 10. And be 10 further enacted, That there
shall be appointed an attorney for said Territory
who shall continue in office four years, and until hi
. successor shall be appointed and qualified, unless
sooner removed by the President OF the United States
, and who shall receive the same fees and salary al
the attorney Of the United States for the present Ter
c ritory of Washington There shall also be a mar
shal for the Territory appointed, who shall hold HI
Office for four yoars, and until his shall b.
appointed and qualified, unless removed b,
/: the President of the United States, and who shal
d execute all processes issuing from the said court
70 when exercising their jurisdiction as Circuit am
Of District Courts Of the United States. He shall per
form the duties, be subject to the same regulation
no and penalties and be entitled to the fees as th
I'd marshal Of the District Court of the United State
ut tor the present Territory Of Washington, and shal
lg IN addition. be paid two dollars annually CON
he psnsatun for extra services. There shall also be al
pointed by the President the United States, by
rs, or general for said Territory who shall locate b
he Office at such place the Secretary Of the Interi
Is. shall from time % time direct, and whose dutie
W powers, obligations, responsiBies compensation
pt and allowances for clerk hire office rent, fuel,
H.. 80 .t.| 'ti.-Ir Z + fs35.lfftlH1 Is ..