The Montana post., 1868-12-25

Hny time a5riss the right Of suffrage, or 70 aold
9th sccouat Vf ths race c,tVr or l.
condition of serviiLds of any iesideat 81 the
rifury. Prorffsd That the light bf suffrage ana
OF holding office shall be exercised only o. etiAes
Of tlJe 'oitef States, and those Who shAn nan.
sieclsrel ou oath betOre competent court OF
record their iuteRtiOh % become such AMI siiais
have ishrn oath ~ s,lFpeTt the Consultation an"
gYyeu@ent y The lni1ed States f,,,.,... = ., :,
lsrfslative power of tue Territory Shall extend to
all ri ghtfa subjects of Legislation consistent with
the Constir utio at the Uuited States soc the pro
visions o this act; nut law shall he passed IN
terfsriug with IalmaTy disposal vi the stl. Do
tax shall he iInpused uPOn tle PTaPvE'y "t tAe
United SIies, shall tue lands other prUperty
of non residents be taxed higher thau the lands cor
other property of residents Dor SHAH any law be
r.ssei iunpairing the rigbts Of private property.
nor saI any. uneauaI discrinj nation be mace in
taxing different kinds of prbPerty but al property
supjvct to taxation shall be raNe't IN pEvpurpoo 10
its value Every bill which shA have I'.S7ed Tue iIs
council aud the house of representatives oi SAID
Territory shall before i becomes . law, be pre-
seuted to the governor of the Ieri5nry. ~ ne aP !
proves be shall sign ~ but II not he snail return
IL with his objections 90 the house IN which u orig
inasd shAll enter the objections AT large n;'on
their journal and proceed t0 reeonstaef y. Al,
after snch reconsideration, tWo-thiros OF thaA nouse
shall agree to pass toe bill, 1t shAl! De sent t"-
gether with the objections, to the other Rouse, ~
which il shah like wise be recousitered; anu u aP
pr,ved by thirfs uf that house Il siail Decome
a law. BOT Ia all such eases the votes m ootn
houses shalt be determined by yeas aud nays 10
catered ON the Ourpal oi eaeh ho-lse IespecuNely.
il any bill shall not be returned by the governor
within five days tSuuday eNcePted) af,er II shail
Lsv been presented to hiu. the sauie shall De a
law in like manner as IL he had signed ", unless
the assembly, by adjournment prevent lts
return, la which case il shall not be a la%.
SEC, = had BE- taTth9 enaeted' That all
township. district aud county officers not herein
otherwise provided for, shall be appointed or
elected. the may be, In such m sinner as
shall ce provided by the governor and legislative
assembly OF the Territory. The guy ernor snail
nominate aud By aud with the consent OF the
cOunci sppont AL officers not herein otherwise
provided for, aud in the hrst instance the governor
alone may appoint all such officers shall hold
their offices until the end of the FIRST session OF the
legislative assembly; aud he shall lay on the uec
essary districts Tor members of the council and
house of representatives, and all other officers.
SEC. {. 4AAd be ar jHrther ez1cted That no
member of the legislative assembly saall hold or
be apVuinted to any Office which shall have been
c, sst-i, or the salary or emolunents oi winch
shall have beeu Increased while he wasa menIuer,
during the term for which he Was elected, aud for
one year after the expiration of such term aud NJ
persou ding commission aI,i,'intmeut under
the United States, except TostmAsters. shall De a
member of the Legislative assembly or shall
hold office under the govsTnment of said Terri
tory,
sEo. . AHd be ie farfhsr euactsz. That the
judicial power of said Territory shall be vested a
supreme district cOuTts aud justices Oi the
peace. The supreme court shall consist Uf a chief
justice aud two associate justices, any two OF whom
snail constitute a quorum. aud who SHALL huld a
term AZ the seat of government OI sand Territory
annually and they shall bold their offices for four
year, unless remuv ei by tpe PTesidebr with
the cOussni OF the Senate of the United States
Ehe said Territory shall be divided Into three
Judicial distlcts, aud district court shall he held
in each of said districts by of the justices OF
the supreme corr A. such time and place a. may
be prescribed toy lawi and sAd judges snail after
ther appointments, resIectiN y. reside ia tue d.
iTicis which shall be assigned Them Tue iuris
dictiun of the several courts herein provided tir,
both appellate nd original, and that Of the probate
courts nj Of the iusrice or the peace, shall he
limited by Lass Pr0Didsd. That ilsti"es OF the
peace shall not have jurisdiction Of any matter ia
rtgu ~ boundaries
may be in dispute, OF where tbe debt SUN
claimed shall exceed one hundrsd dollars and tue
said supreme and district courts respectively,
shall possess chancsry As well as Common law
uTs,i' tIUu aud authority for reress of all wrongs
comoi,ted against the Constitution or laws Of the
United Ltates OF Ine Territory fleeing persOus
property. Each district court, or the Judge
thereof shall appoint its clerk, who shall also ue
the register IN chanevry, and shall keep his Ulice
where shs court may be held Mrits OF errur,
bills OF exception, ami appeals shall be allowed IN
ali eases from the hual decisions uf said district
to the supreme court under such regulations
As NAV Oe prescr ibed By law, but 10 u" ease re
moved to the supreme court shall trial by jury be
allowed in said court The supreme court, or the
justices there'f shall appoint it, owa CLERKS aud
every clerk shall bis niice at the pleasure Of the
IT Ton which he shall have been appointed.
Writs OF error aud appeal from the final decision
of said supreme court shall be allowed aud may
be taken TO the Supreme Court Of the Uuted
States, ia lhe same manner and under the same
regulations as from the eircuit courts of the Uned
States. wheFe tie value OI property or tue amount
in controversy. to be ascerained by the oath UT
affirmation of either party, or other competent
witness shall exceed Que thousand dollars, aud
each of the said district shall have and eX-
ercise the same jurisdiction in all cases arising
under the Constitution and laws uf the United
States, is vested in the circuit aud district
courts of the United states; aud the said supreme
and district cOu,ts OF said Territory, aud the re-
spective judges thereof shall aud may grant writs
of babeas corpus in all cases in which the same
grAntabie by the judges Of the United States n
The District of ColumOia and tIe first six days Oi
every term of said oOur $, or much thereof as
hall
trail of causes arising under The said Constitution
and laws. aud wTits of aud appeals in ali
such oAses shall be made 10 the supreme court Of
said Territory. the same as in other cases. The
said clerk shall receive in all such same
ices which the clerks of the district courts of
Dakota Territory now receive for similar services
SEC 10. .ARd be q further enacted That there
shall be appointed an attorney f"r said Territory,
who shall continue in Office for fur yeArs, unless
sooner removed by the President with the consent
OF the Senste, aud who shall receive the same
iees and salary as is received by the attorney
OF the United States for the Territory of Dacotah
(Dak'da) There shall also be a marshal fOr the
Territory appointed who shall hold mis- ufice for
four years, unless sooner removed by the President
with the consent OF the Senate, aud who shall ex-
ecute all processes issiiiug from the said courts
when exercising their jurisdiction circuit and
district ocCrs of tue United States; he shall per
form the duties be subject Ia the regulations
atd penalties, and be entitled TO the fees as
the marshal of the dstrit court of the United
States for t0e present Territory OF Dakota. and
shall in addition. be paid two hundred dOlars
nually as 4 compensation for extra services I.
SEC. H. fitd be IL further enacted That the
governor, secretary, chief Justice aud associate
judges, attorney, aud marshal, snail be dominated,
aud, bY end with the advice aud consent Of the
Senate appointed y the President ot the United
States. The governor aud secretary 90 bs APP
pointed as aforesaid SHALL before they as such.
respectively, take oath affirm alton before the
district Judge or some Justice Of tns peace n the
limits VI said Territory duly authorized 10. admiu
ister oaths and elimination, by The laws now 10
assooisite jnstice of the Supreme Court Oi the
United States, to support the Constitution 0t tue
lnileds aud faithfully to discharge the duties of
their respective Offices, which said oaths when s.,
taken she'll be certified by the person by whom the
same SHAH have been taken: aud such certificates
shall be received and recorded by the secretary
among the executive proceedings, and the chief
justice aud associate Justices, aud All other civil