Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-09-22
ARTICLE Nv.
ExKcur1yE pErAnrMENr.

EXECUTIVE DEPARTMENT.
Section 1. The executive power shal
be vested in a governor, who shall hold
his office two years. A lieutenant Cover
nor shall be elected at the same time anc
for the same term.
No person shall be eligible to tho office
of governor or lieutenant governor, cx.
cept citizen of the United States, and
q qualified elector Of tho state, who
shall have attained the age of thirty
years, and who shall have resided two
years next preceding his election with
in the state nor shall either be eligible
to any other Office during the term ioi
which he shall have been elected nor
shall either be eligible as his owl i'm me-
diate successor.
Sec. 3. The governor and lieutenant
governor shall be elected by the quail
| fed electors of the state at the II mes
and places Of choosing members Of the
leg gislature. The persons respectively
having the highest number Of votes for
governor and lieutenant governor shall
| be elected. But if two or more shall
have an equal and the highest number
of votes for governor or lieutenant
governor, the two houses Of the legisla
turc, al its next regular session, shall
forthwith, by joint ballot, choose one
of such persons for said office. The re-
turns Of election for governor and lieu.
tenant governor, shall be made in such
manner as shall be prescribed by law.
Sec. 4. The governor shall be com
mander- ip.chief of the military and ma
val forces Of the state Except when they
shall be called into the service of the
United States), and may call out the
same to execute the laws, suppress in
surrection, and repel invasion. He
shall have power to convene the legisla-
ture on extraordinary occasions. He
shall, at the commencement of each
session, communicate to the legislature,
by message, information of the condi-
tion of the state, and shall recommend
such measures as he may deem expedi-
ent. He shall transact all necessary
business with the officers of the govern
ment, civil and military. he shall ex-
pedite all such measures as may be re-
solved upon by the legislature, and
shall take care that the laws be faithful
ly executed.
Sec. ). The governor shall have pow
er to remit fines and forfeitures, to grant
rep.ieves, combinations and pardons,
after conviction, for all offenses except
tree son and cases of impeachment pro-
vided, that in all cases where the SEN
tencc of the court is capital punishment
for life, or for longer term than two
years, or a fine exceeding two hundred
dollars, no pardon shall be granted, sem
tence commuted, or fine remitted,
except upon the recommendation in
writing Of board of pardons, consis-
ting Of the chief justice, secretary OF
state and attorney general, after full hear.
ing in open session and such recon.
mendations, with the reasons therefor,
shall be filed in the Office of the ,secreta-
ry of state. But the legislature may by
law, in all cases, regulate the manner in
which remissions of fines, pardons, com.
mutations and reprieyes' may be applied
for. Upon conviction for treason he
shall have power to suspend the execu.
tion of the sentence until the case shall
be reported to the legislature at its next
regular session, when the Legislature
shall either pardon or commute the sen.
tencc, direct the execution of the sen
tence, or grant a further reprieve. He
shall communicate to the legislature at
each regular session, each ease of re
mission Of fine, reprieve, commutatior
or pardon, granted by him in the cases
in which he is authorized to act with
out the recommendations of the sale
board of pardons, stating the name o.
the convict, the crime of which he wa.
convicted. the sentence and its date
and the date Of the remission, commuta.
tion, pardon or reprieve, with his rea.
sons for gaanting the same.
Sec. G. In case of the death, I'M
parchment, resignation, failure to quail
ify, absence from the state, rcmova
from office, or other disability Of the
governor, the powers and duties Of tn,
office, for the residue OF the term, OF
, until he shall be acquitted, or the disa
bility removed, shall devolvc upon tn,
lieutenant governor.
, Sec. Z. The lieutenant governo
shall be president Of the senate, bu
shall have only a casting vote therein
II during a vacancy in the office Of gov
ernor, tho lieutenant governor shall b
impeached, displaced, resign, die, c
from mental or physical disease becom
incapable Of performing the duties {
his office, or he be absent from the stat.
the secretary Of state shall act as go,
|. ernor until the vacancy shall be file
Q or the disability removed.
J. Sec. s. When any Office shall, fro,
o any cause, become vacant, and no moo
o is provided by the constitution and Law
$ for filling such vacancy, the governt
o shall have power to fill such vacancy /
n granting commission which shall e.
II pire at the end of the next session
. the legislature, or at the next electiC
by the people.
o Sec. 0. Every bill which shall ha,
Z passed the legislature shall, before it b
comes a law, be presented to the go
ernor. If he approve he shall sign i
). but if not, he shall return il, with b
10 objections, to that house in which
10 originated, who shall enter the obje
10 tions at large upon the journal an
b. proceed to reconsider it. Ii after AT
such reconsideration, o.thirds Of Il
members present shall agree to pass Il
<. bill, it shall bs sent together with IL
10 objections to the other house, by whi,
X it shall likewise be reoonsidcrcd, aud il
o. be approved by two-thirds of the mer
0. bcrs present, it shall become law. b
10 In all such cases. the vote of both hous
n, shall be determined by ayes and noes, a
II the names of the members voting I
TO and against the bill shall bs entered II
by on the Journal of each house rcspecti,
10 iy. II any bill shall not be rctn",cd
le tho governor within three days (ouudi
cd exceptedl after 1t shall have been pI
scented to him, the same shall DO la
a. unless the legislature shall, by its a
ID journment, prevent it's return; in whi
OF case it shall he filed. with his ohjectio,
a. in the office Of tho secretary Of sta,
within ton days after such adjournmer
d. or become Law.
no Sec. 10. Tho governor shall h,
a. power to disapprovc Of any item or ito
sa- Of any bill making appropriations
nv nancy enhranino d,sfinof ifam. .