Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1885-10-10
ARTICLE III.
LEGISLATIVE Department

ARTICLE Ill.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power shall be
vested in q legislature. which shall consist of a
senate and house of representatives.
Sec. 2. The number of members OF the
house OF representatives shall not be less than
eevsnty-hvs nor more than one hundred and
thfrty-hve.. The number OF members of the
senate shall not be less than twenty-five nor
more than forty-five.
The sessions of the Legislature shall be bien-
nial, except as otherwise provided in this consti-
tuition.
SEC. 3. No person shall be eligible to the
Once or senator who Is not a qualified elector III
the district from which he may be chosen, and a
citizen of the United States, and who shall not
have attained the age Of twenty-five years. and
who shall not have been Il resident Of the state or
territory for two years next preceding his cleo
ton.
Ne person shall be eligible to the office of rep
resentative who il not a qualified elector in the
district from which he may be chosen, and q citi-
zen of the United States and who shall not have
been a resident of the state or territory for two
years next preceding his election. and who shall
not have attained the age of twenty-five years.
No judge or clerk OF any court, secretary of
state. attorney general. states attorney, recorder.
sheriff, or collector of public moneys. member
OF either house of congress, or person holding
any lucrative Office under the United States. or
this state, or any foreign government, shall De n
member of the Legislature; provided that ap-
polntInents IN the militia, the offices of notary
public and justice of the peace shall not BE- con
sidered lacratlvei nor shall any person holding
any Office OF honor or profit under any foreign
government OF under the government of the
United States, except postmasters whose annual
compensation does not exceed the sun of three
hundred dollars, hold any office in either branch
OF the Legislature or become a member thereof.
SEC. T.. No person who has been, or here
after shall be, convicted of bribery. perjury. or
other infamous crime, nor any person who has
been. or may be collector, or holder of public
moneys. who shall not have accounted for and
paid over. according TO law. all such moneys due
from him. shall be eligible to the legislature, or
to any office in either branch thereof.
SEC. 5. The Legislature shall provide by law
for the enumeration of the inhabitants of the
state in the year one thousand eight hundred and
ninety-hve and every ten years thereafter. and at
its first regular session after each enumeration
made by authority Of the United States. but at no
other time: the Legislature shall apportion the
senators and representatives according To the
number or Inhabitants, excluding Indians not
taxed and soldiers and officers OF the United
States army and navy; provided, that the le.isla-
,ure may make an apportlonmelt at Its inst SEES
sion after the admission of Dakota "a a state.
SEC. 6. The terms OF the office If the members
of the legislature shall be two years: they shall
receive foc their services the sum of five dollars
for each days attendance during the session of
the legislature, and ten cents for every mile of
necessary travel in going to and returning from
the place OF meeting of the legislature on the
most usual route.
Each regular session of the Legislature shall
not exceed sixty days except IN cases of impeach-
ment, and members of the legislature shall re-
ceive no other pay or perquisl;es exceptpe pei diem
and mileage.
SEC. Z. Tho legislature shall meet AT the seat of
government on the first Tuesday after the first
Monday Of January at II O'Clock II. IL the year
next ensuing the election OF members thereof.
and at no other time except as provided by this
constitution.
SEC. 8. Members of the legislature and the
officers thereof before they enter upon their OFF,
cial duties shall take or subscribe the following
oath or affirmation: | do solemniy swear Tor af-
tlrm) that L will support the constitution OF the
United states and the constitution of the state
of Dakota, and will faithfully discharge the du-
ties of %(senator, representative or officer accord
ing To the best of my abilities. and that L have
not knowingly or Intentionally paid or contrib
uted snything, or made any promise in the ma
ture OF a bride To directly or Indirectly influence
any vote at the election at which 1 was chosen 10
I'LL said office. and have not accepted. nor will ]
accept OF receive, directly or indirectly. any
money. pass or any other valuable thing from
any corporation, cOmpan or person for any vote
or influence / may give or withhold on any bill
or resolntIon or appropriation or for any other
official act.
This oath shall be administered by a judge of
the supreme or circuit court. or the residing
officer OF either house, in the hall of The house 70
which the member II elected. and the s%erretary
OF state shall record and file the oath subscribed
by each member and officer.
Any member or officer who shall refuse to
take the oath herein prescribed shall forfeit his
orfice.
Any member or officer of the legislature who
shall be convicted of having sworn falsely to or
violated his said oath shall forfeit his office and
be disqualified thereafter from holding tic Office
of senator OF member OF the house OF representa-
tives or any office within the gift of the ~legista-
ture.
SEC. 9. Each house shall be the jrdga of the
election returns and qualifications of its own
members.
A majority of the members Of each house shall
constitute q quorum. but a smaller number .nay
adjourn from day to day. and may compel the at
tendance of abSen: members in such Ii manner
and under such a penalty as each house may pro-
vide.
Each house shall determine the rules of It's
proceedings. shall choose its own officers and
employees, and TX. the pay thereof, except as
otherwise provided in this constitution,
SEC. 10. The governor shall issue writs Of
election to fill such vacancies as may occur in
either house of the legislature.
SEC. III. Senators and representatives shall.
the peace, be privileged from arrest during the
session of the legislature. and in going TO and
returning from the same; and for words used in
any speech or debate in either house, they shall
not be questioned in any other place.
SEC. II. No member of the legislature shall.
pointed OF elected Ia any civil Office in the state
which shall have been created, or the emoIu-
ments of which shall have been increased during
the term for which he was elected. nor shall any
member receive any civil appointment from
the governor. the governor and senate, OF
from the Legislature during the term for which
he shall have been elected. and all such appoint
ments and all votes given for any such members
for any such Office or appointment shall be void;
nor shall a member of the legislature during the
time for which ne shall have been elected, or
within one year thereafter, be interested. direct
ly or indirectly, IN any contract with the state or
any county thereof. authorized by any law passed
during the term for which he shall have been
elected.
SEr 10 Each h,usa ShaIl leon "a ion pai of its