The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1883-09-28

ant matter was then compleied, ana 10 DAY the
less consequential article. were ground out
with a rush. However, tho constitution as il
now IL, canuo; be said to be a hnrriedly |
constructed one, by any means. On
the contrary. it has boon pre-
pared with all the nicely of care that 135
of the brainiest men OF Sonth Dakota could
give it. There are no experimental featuresln
it, and yet it ia not without original ideas, az a
review of the document will disclose. The
varied country, and the many nationalities of
people and kinds of interests 10 be fostered
and anticipated compelled the authors to go
into almost every channel 'ha has ever been
followed by constitution makers. The pre-
amble last produced in these dlspa ,chcs was
adopted without amendment, as were aiso tho
remarks OF the committee upon reporting it,
and the observations OF the committee will so
ont with, but not be incorporated in, the con
:titufion to the people.
THE CONSTITUTION.
Name, boundary and seat of governments: The
name shall be the State of Dakota: the boundaries
begin where forty-sixth degree of north latitnae
iniersects the western boundary line of The State OF
Minnesota, thence south to Nebraska, thence west
along the northern boundary Of that STATE aud to
the rwenty-seventh deg, of west longitude, thence
north TO the forty-sixth parallel, and east to The
place of beginning: the seat OF government Shall
be and remain at YnnStcn until removed by law.
DECLARATION OF RIGHTS.
The right of trial BY Jury shall remain invlo!aie
and extend to all cases at law without regard to the
amount In controversy; but q jury trial may be
waived by parties in all civil cases. and in all GRIM
nal cases less than felony. No religious tests or
amount OF property shall ever be required as \
qualification for any Office of trust under The State,
and no person shall be rendered incompetent to
give evidence in auS court OF law or
the subject OF religion, nor shall any
money be drawn from the treasury for the benefit
of religious societies or theological seminarics: no
Eek post facto" law. nor im2airing thu obligation
OF contracts, or retrospective in its operations, or
| making any irrsvocabis grant of special privilege,
| franchises or immunities shall ever be passed by
tho legislature; no law or duty shall be imposed
| without the consent of the people or their repre-
seatatives in the legislature, aud all taAation sha}!
he equal and uniform: no law shall be passed
| granting to any citizen or class OF c''izen: privt-
le.es or imnunitieS which. uuon the same terms.
shall not equally belong to ali citizens.
LEGISLATIVE.
The number Of members Of the house of repre-
| seutatives shalt never DO less than ~fifty-tivc nor
more than eighty. and the number OF senator's less
| than twenty-five nor more than tnitty-two. The
sessions of the legislature shall be biennial. The
legislature shall provide for al enumeration of the
Inhabitants of the Stat, in 1850 and every zen
years thereafter, and at lis first regular session after
each enumeration, and also after each enumeration
made by the authority of the United States, hut az
| no other time The Legislature snail apporiio: the
senator's and representatives according TO the num-
Der of inhabitants, excluding Indians not taxed aud
soldiers aud officers OF the United States army and
I IANS. liz tAllo VI ftliDt VI INV s4"'NAI
shall be two years, aud their salary S3 n day and 10
cents mileage each way; that they shall receive
pay for no more than forty days Mt one session.
except in proceedings for impeachment,
aud they shall receive no other per
quisites. The legislature shall meet at The seat
Of government on the first Tuesday after the first
Monday OF January. No bill except APPROPRIATION
bills shall be passed containing more llan one sub
ject. The legislature Rhail not authorize any games
OF chance, lottery, or Of gift enterprise Under any
: rretense. or for any purpose whatever, The leGis-
lature shall never grant auy extra compensation to
any public officer, agent, servant or contractor
after the services shat nave been rendered or the
CONTRACT entered into: nor snail the compensation vi
any public officer be Increased or diminished dur
ing his term OF Office. The legislature shall
not pass any local Or specIallIw Authorizing tho
creation. repairing or extension of liens. granting
divorces. changing names OF persons or places, lay
ing out or opening highways, vaca!inE grounds,
providing for the election of inunlclpat officers. eX-
rmrtiIg ErCperty from taxation, granting TO any
private corporation, association Or individual any
SPECIAL or exclusive privileges, imrnnn'i9rs or fran
rhises Whatever. No act shall take effect until
ninety days after the adjournment of tine session At
which ii l,assed, unless in case of emergency. Every
member of the legislature who asks. receives or
agrrcsto receive any bride upln am understanding
that his official vote. opinion, Judgment or action
shall be influenced thereby, or who gives or prrsIt-
seS any oficia! vote to another mrluorf Of the leg
islature, shall be decu,ed guilty Of y feloay and b,
punishable by imprisonment Tho same extends
over the use of any State official Influence to effect
pending measures in the legislature.
JUDICIAL.
The supreme court shall consist of three judges
to be chosen from districts by qualified electors al
large, After five years the number of supreme
judges may be increased to five. and their terms
shall be four year In case OF reelection, it shnl
be eight years, and the third successors term shall
be Twelve years. Provision may be made for the
voluntary retirement of supreme judges at any
time after thew arrive at the age of seventy years
provided that that they have been in the actual dis.
charge of du: G, as such Judge for At least g xtcen
years Immediately preceding such retirement
Tie supreme court districts are:
First District-All that portion OF the State lying
west of the Missouri! river.
SecomI-Al that portion OF the State lying east
Of the Missouri river aud vest of tho Dakota river
Third-Al that potion of the State lying cas-: o.
the Dakota river.
The term Of u judge of the circuit court S hall b,
four years.
The judicial circuits are arranged as follows:
First Circuit-The counties Of Union. Clay. Lin
coin, Turner, Hanson, Lake, Minnehaha, McCoot
and Miner.
Douglas, Hutchinsou, Dawson. Aurora. Brute. But
Third-Brookings, Moody. kingsbu-y. Clark
Hamliu, Deuel.. Grant, Codiputon, Dag, Roberts. in
Wahpeton and Sissetoa reservation, and al! thai
strip of territory now included between the nortt
line of the county of Day aud the forty-sixth paral,
lie! of north latitude.
Tourth-Beadle, Hand, HYDE, Hughes. Sphinx
Brown, su;ly, Sanborn, Potter, Edmunls. Faulk
Walworth, Campbell, Mcpherson, aud including al
that portion of :he STATE lying north of thos
counties and south of ths forty-siXth parallel G
north latitude, aud including all such portion o
me Stltc lying DttNCSil IuGSC uLt ull Nv
forming part of either.
Fifth-All that portion of the State lying west 0
the Missouri river, provided that all paris OF III
State not included in the foregoing boundary an
description of circuits, shall be attached and torr
a part of the. Second district.
There shall be eiected IN each orranized cou nj
a county judge. The legislature shal! Tx the sal
ares of all jud cs and court officers. Justices o
the peace shall have jurisdiction in all cases not in
volviuy over 500.
LEGISLATIVE AP~poRTIoNMENT.
First District -The counties of Union, ella
Yaukton, Bon HON me, Charles Meix. DouGa
Hutchinson, Turner. Lincoln, Minnehaha. Nc
Cook. Hanson, Dawson, Aurora, Brulc, Buffalo
Jerauld. ssnborn. Miner. Lake and Moody.
Secoud-All other portions Of the State not in
Guided in the First district.
Senatorial Districts-District No. l, county G
Union. one senator: No. .. Clay. one senator: Nc
3, Yankton. two senator's: No 4. Bon Homme. on
senator: No. 5. Charles Mix. Brule and Buffalo
ore senator: No. q. Douglas, one senator; No
z. Turner, one senator: No. 8. Lincoln, on
senator: No. 8, Minnehaha. two senator's; No. 10
noSdy, { one s.a senator n No 70 II b,v hans ana i Ssn,a MG
one senator: No. l3. Aurora and Jerauid. one sen
ator: No. IA. Lake and Miller. one senator; No
10 brSHsins'' on one senator senator: M So. IL ~ h'1 Esad1s
one one s]euator: No. is. Hand and Hyde. Oh
senator: No. 10. Hughes. ons senator; No; 20
portion Of territory north of said counties an
south OF forty-sixth parallel of norll
latitude, one senator: No. ~; Fault. Ed
of the Territory north of said counties and south 0
the twentv-sixth parallel of north latitude, on
senator: No. %, SPHINX, Que senator: No. %. Cod
dington, one senator: no. 2i, Deuel. and Hamlin
one senator; No. 25. Grant and Roberts, on
senator: No. %, Brown aud all that portion o
territory lying betweeh said county AID
he forty-sixth parallel Of north latitude. one sen
ater: No. 81; Day aud all that portion of the Ter
,itory north of said county and south
Of the forty-sixth parallel OF nor.h lati-
tude, one senator, No. IS. Penning-
ten, Custer, and Fall River. one senator.
No. 90. Lawrence. Butte and Maudan. two seua-
tors- Representative districts-District No. ]. I'm
ion. two representatives: No. 9, Clay, two repre-
sentatives: 30. 3, Yankton, thret representatives
No. 4. Bonhomme. three REPRESENTATIVES, No. 8