davidaulloa/AmericanStories huggingface dataset:
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09

general and of uniform operation tbron,,,on
the state, and the organization, Jurisdiction
power, proeesdings and practice Of al the curt
OF the same class OF grade so fur az regulated b
law, and the force and effect of such Il tie pro
ceedings, judgments and DEGREES of such conrt,
s%everally shall! be uniform, provided. however
that the Legislature may classify the comm,
courts according to tho population Of the ns
spIectiye counties, and fix the jurisdiction and
salary Of the judges thereof accordingly. '
SEQ. 80. No judge of the supreme or ci,cu;t
courts shall be elected to any other than a ;nd:'
cial office. or be eligible thereto, during tho term
for which he was elected such judge. All votes
for either. of them during snch term for anv
elective Office, except that of Judge Of tine s;.
preme court, circuit court or county court. given
by the Legislature or the people, shall be void.
SEC. 81: All judges or other officers Of the su.
preme, circuit or county courts provided for in
this article shall hold their Offices until their snc.
cessors respectively are elected OF appointed and
qualified. "Ao
SEC. 81. All officers provided for in this article
sholl respectively reside in the district, county
precinct. city or town for which they NAV Is.
elected or appointed. Vacancies in the clectiy.
Offices provided for in this article shall be fllw
by appointment until the next general election
as follows: Alljudges Of the supreme, circuit ant
county courts by the governor. All other judicia
and other officers by the county board of tn,
county where the vacancy occurs; In cases Of DO
lice magistrates. by the municipality,
SEQ: 30. All process shall run in the name o1
the State of Dakota" All prosecutions shall
be carried on in the name of and BY authority d
the State of Dakota"
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE TX.

COUNTY N TOWNSHIP ORGANIZATION.
SECTION l. The legislature shall provide by
general law for organizing new counties, looat-
ing the county seats thereof and changing county
lines; but no new county shall be organized 40 No
to include an area of less than twenty-four con.
cressional townships, as near as may be witLou,
dividing a township. or fractional township, asr
shall the boundaries of any organized county b
changed SO a. to reduce the same to a less are,
than above. specified. All changes in county
taking effect, shall be submitted to the electors
OF the county or counties to be affected thereby
adopted BY a majority of the votes cast in each
county at such election. Counties now organ.
lied shall remain as they are unless changed no
cordtng to the above provisions,
Sec. 2. In counties already organized where
the county seat has not been located BY a major.
ity vote, it shall be the duty Of the coanty board
to submit the location Of the county seat to ths
electors OF said county at q general election.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE VII.
ELECTIONS AND RIGHT OF SUFFRAGE.

ELECTIONS AND RICH OF SUFFRAGE.
SECTION I. Every male person resident Of this
state, who shall be of the age of twenty-one
years and upwards, not otherwise disqualified,
belonging to either of the following Glasses, whe
shall be a qualified eleotor under the laws of the
territory of Dakota at the date of the ratification
Of this constitution b. ts rReop1 h,,t or
s States ss one ya have in F this state II 81 e n Saasss
III the county thirty days and in the election pre-
cin.et where he offers his vote ten days next IRE;
cseding any election, shall ba deemed a qualified
First: Citizens of the United States.
Second: Persons of foreign birth who shall
nav declared re It their tbs iD,ss n d9 to- to b. HnI;sS fit a,e1s.
upon tho subject of naturalization
SEC. 2. The Legislature shall ct its first session
after the admission of the state Into the union
submit to a vote of the electors Of the state the
following question to be voted upon at the next
general election held thereafter, nsmely:, ',shal!
light rilS Of Suffrage" ia majority Of tho yotes
cast upon nth. that question aae !" 4 are rein il favor ~ s+ ct !. striking ing
and there shall thereafter be NO distinction be-
tween mules and females in the exercise Of the
right H. Of +. saS1ntrS ages at s abnY{l el lee by + b, to- s bnt tho
legislature may provide for numbering ballots
for the purpose of preventing anu detecting
SEC. 4. All general elections shall be bien-
NAL.
Sec. 5. Electors shall in all cases except
treason, felony or breach of the peace, be privi-
legged from arrest during their attendance at
elections and In going to and returning from the
military duty on the days of election, except in
SEC. 8. No elsctor shail Be- deemed to have lost
sence on business of the United States or of this
state. or in the military or naval service OF the
United States,
SEC. z. No soldier, seaman or marine tn the
army or navy of the United States shall be
a resident of this state in consequence
Of being stationed therein.
SEC. s. No person undor gqardianship, non
vote at any election, nor shall any, person con-
victed of treason or felony Pc qualified 70 vote Mt
any ELECTION g 1ny unless aena restored bssia to t Siaii o 5lsh1tss;
in section one Of this article, as to
age, residence and citizenship, and including
vote at any election held solely for school
purposes, and may hold any office In this state
except as otherwise provided in this c~onstitu-
ion. a--. .
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE ].

NAME AND bOUNUAHys
SECTION l. The name Of the state shall be Da-
kota.
SEo. 2. The boundaries of the state of Dakota
shall be as follows: Beginning at the point of
intersection of the western boundary line Of the
state of Minnesota with the northern boundary
line of the state of Iowa, and running thence
northerly along the western boundary line Of the
state OF Minnesota to its intersection with the
Iorty.slxth parallel Of north latitude; thence
tude to its Intersection with the twenty-seventh
meridian Of longitude west from Washington:
thence south on the twenty-seventh meridian of
longitude. west from Washington to its inter
section with the northern boundary line of the
northern boundary line Of tho state Of Nebsruskn
IT, ito itersection with the western boundary line
OF The state of Iowa; thence northerly along the
its intersection with the northern boundary line
OF the state of Iowa; thence east along the north
ern boundary line of the state of Iowa to tho
place of beginning.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09

days after the ad burnment Of the session at
which it passed, hless in case of emergency
Ito be expressed III he preamble or body q the
Of all the membtt Of each house, otherwise
direct. -
SEQ: %. The. L $iature is prohibited from
e%nacting any priu4s or special laws in the fol-
lowing cases:
!. Granting div brces.
2. Ghansias u names of persens or places,
or constituting &ne person tho heir.at-law of
!. Locating or hanging oounty-seats:
I. Regulating. bunty and township affairs.
changing. or amen9ing the charter Of any town,
city or village, or laying out, opening, .~yacatjng
or altering town plats. streets. wards. alleys and
8. Providing for sale or mortgage of real
estate belonging to minors or others under dis
streams wholly Ssithin the state. - ~
y; Granting to an lpdiv dual. association or
immunity or franchise whatever.
10. Providing for the management Of COM
mon schools.
percentages or allowances of public officers dur
the term for which said officers are elected or
But the legislature may repeal any existing
special law relating to the foregoing subdivis-
In Al other cases where g general Law can be
~" 1AAAA ~ &A0SSV0As
SRc. a. The legislature shall have no power
to release or ~e1tinguish, in whole or in part, the
indebtedness. liability or obligation Of any cor
poration OF individual to this state or t. any
m9nioiRal corporation thersin.
SEQ. rs. The legislature shall not authorize
any game of chance, lottery or gift enterprise,
under any pretense, or for any purpose. whatever.
Sec. 20. The legislature shall not delegate to
any special commission, private corporation or
Interfere with, any municipal Improvement
money, property, effects, whether held in trust
or otherwise. or levy taxes, or to select q capi.
tai site, or to perform any municipal functions
SEQ. q. The legislature shall direct by law in
what manner and In what courts suits may be
brought against the state.
Seq. g., Any person who shall give. demand'
n %o SisL' p a!F : or or 1 psrsonsi sd dRs msnsy g ts sn1
thing OF value to any executive or judicial Off
Ger, or member of the legislature, to Influence
him IN the performance of any of his official o
public duties. shall be guilty of bribery, ant
provided BY law.
members Of tho legislature or Of publ,
officers of the state. or any municipal. division
eaid members BE- d the lesisi Mte or officers, t,
influence their official action, shall be defined
by law, and shall be punishable by fine and in
pris0nment.
Any person may, be compelled to testify in in
person aha?seaa with with Having cem@ aattsd' an an:
offense Of bribery or corrupt solicitation, an
shall not be permitted to withhold his testimon;
upon the ground that It may criminate himself
ssai sssa b a1s1 in amy ;ndiei MT 1r sa.s,Nard ..a ?: ai e
bribery in giving such testimony, andanY perse
convicted Of eithor of the offenses aforesaid
shall be disqualified from holding any office o
position, or office OF trust or profit in this state
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
CONSTITUTION
OF TIE
State ofDakota
Adopted in Delegate Convention Held
Sioux Falls. Dakota, Sept.
s-25. 1885.
[o&oial Copy.l.
PREAMBLE.

we, the people Of Dakota, grateful to Al
mighty God for our civil and religious liberties,
IN order to form a moro perfect and independent
government, establish Justice, insure tranquility,
provide for the common defense. promote the
general welfare, and preserve to ourselves and to
our posterity the blessings of liberty, do ordain
and establish this constitution for the state of
Dakota.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE III.

DIVISION OF THE POWERS OF GOVERNMENT.
sEcT1oN1. The powers Of the government of
the state are divided into three distinct depart
ments, the legislative, executive and judicial,
and the powers and duties Of eacl are pre-
scribed by this constitution.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE VIII.
EDUCATION AND II

EDUCATION AND School LANDS.
SECTION 1. The stability of a republican form
of government depending on the morality and
intelligence of the people, it shall be the duty Of
the Legislature to establish and maintain Q gen.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE v.

sRcT1oN !. The judicial powers of the state
except a. In this constitution otherwise pro
vided, ehal be vested In q supreme court, cir.
omit courts. county courts and Justices Of tbs
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09

T. 1919 e!.IOre than Q So
-vOc
:. that under the present
government. not only
y all the expenses, Territorial
md municipal, which you
under a State government,
salaries of a few officers, and
Legislators, but You pay al
the sum annually that you
under the limitations OF this
n.
absolutely no limitation, to
rial Legislature. As long as
under the Territorial govern
nay expect your taxes to in
the extravaganza of your Leg
brow greater.
&z&SS SRATIoNs AND RAILROADS.
M sas8s he especial attention OF the
especially Of the farming and
sssass interests Of the new State, to
md rigid guards placed in this
& upon the power of large cor
ss NORTHUMBERLAND upon any disposition the
might have to discriminate in
az nd against individuals.
sE,u to read carefully Section Is
and Section 2 Of Article IL,
2 and 3 of Article IL and all
of Article IL.
provisions, the Legislature is
tax corporations Like individ-
ng to the value of their prop
siform general law, which ap.
operations and individuals
the same method by which
viduals.
allure is forbidden to slrren-
r to tax corporations.
allure is given power, to pre-
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09

in saI fra unjust discrimination or e.tor+;1
railroads. passenger rates, on t
va Ht Operations are forbidden to tax. =
just just o property for public use, es sc sahn ?
bes,r sa .. or destroyed, first paid Ie Or se .ane
s sv,Dpe t such taking, and the taau p os nse0s =
cases det. ..sht to have damages in the
W. determined ssa by a jury. VIC
s Union, have more , WHOLESOME ~ no state in Il
than - l'a aa on abuses under this hon,
We further say to you. That .ho,,,, A..
ling the 0 ol statehood succeed in comp "
consolidated in a State with nb'e msa1 to b
s hota, it will be next a' to im Ma'h North ta. D.
sne influence of the powerful r ag a
Hon 4aa lons which control that sse
uslo Tor Dakota M . Will.
SCHOOL FUNDS AND SCHOOL n.rn
vow, we a your attention especially. to n,
very carefully drawn and CLOSELY en. w. ~
'f0 Wn on these subjects. 'Nai'so
s%en Ms Know that in the general popnl,,
throughout the naw pe ataae
;nt e,o Is no subject on which the nn,I1;,
interest is SO alive, as upon the snhi pot4 !
preserving the school funds. AMI and. ~. /
' ',nu lands OF the new state from ,osf
'', 11, and transportation. ''@''
we believe that the provisions Of III,
1ons'l'utlon many of them original. AZ,
ne pest on this subject contained in anv
constitution, of any State in the Union
PUBLIC INDEBTEDNESS.
we a your attention to the limit,,
IONS IN Article Is, upon state, county
o"nsnlp and municipal indebtedness.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09

szo. 2s. No person shall be eligible to the
least t,w.nty.a y years s. 81 age, and d. q 4s eitiize Se q q
the United States; nor unless he shall have re-
sided IN this state or territory at least one yea
his election be q resident Of the county or cir
Quit. a. ! the sM case may be, for which he is elected
81 Sfo coS gi line ana 1 ca5ntv o. d, the s sIa,, court, eli.
the frst election held under the proyisions Of
this constitution. and thereafter as nr"yided BY
i l}ss,, snd !, t such 1s sii;asts ;. R : a;t R1eylds, Il. is fr ,5s
that on which an election is held for any other
purpose. and may for the purpose of making
office for any of such Judges then hoIdina. but
not in any case more than six month";. The term
i Gf t 9ttio several St al j }ndsas q ]eie S = t courts elected ted
SEQ. g. The time Of holding courts within
satE 2Saiq By la ag:u but a az ,e counties shall be as as
circuit court shall be held sSIu ann 6ne term !n na OF the
ganized county, and the Legislature shall make
territory to organized counties Tor indicial Dur
ha sso sa e; Special Iss; term. of said courts may be
BY law. '"e'' iesu1a9aons as may Be provided
Sc. q. The Judges of the circuit courts may
nnder snch ra ~ G.ner circutts than their own.
law. esula'ons as may be prescribed by
cn SE 60 -; The cha jndges Of the supreme court, cir
such salary 81 NAV nvu ~ courts shall each receive
with this constitution. and no s n.y. bbaE f,S 9ons. shsIl
n meats f any Of so on seeasSa = Rge1saaisite 'u or emoiu.
form whatever, except s n1 nus office, in any any
mat CO n Judges may accept and ycce Rye' such
tee u 81 i1ady s Pc taliowedu under the land laws Of
$40. 81. No Judge of the sunr.m. o;r-
f G1.t 9 eo9 sSs sha !ls act e %attor11es Or o coun.e ii = at
Or fss So nna s1eH At sn fs% soiH II sD 'ud ass. set IS .%ttornsy
pealed therefrom, winch may he ap-
ee sss: il q 81. ahs sss ssall g. . g S'ssl ]! # the be-, sir sisa
be clerk of the county court. s ~ wh p shall .1,i,1 'i be-
ffI hs dat by the and qusliaed electors Of w speh s. conntS.
be as provided BY yi law and 20 of said clerk shall
law. "Aen The provisions o
W &: g sxi myth IT. u ss1 lssis y sas, shall pg !s5.ss By BY
i iHsl su sbs19 e. circuit ,ho and county co 9hG 3" respecl-
SCI ss r.! AZ ri Inc terms thereof. courts 's.
Wv W. AZ q " relating tV oourts shall DO
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-10-09
ARTICLE III.
LEa1sLAT1vR DEPARTMENT.

L~EHIsLATIvE DEPARTMENT,
SECTION l. The legislative power shall be
vested in = Legislature. which shall consist of a
senate and house of representatives.
Sec. 2. The number Of members Of tho
house Of representatives shall not bs less than
seysnty-dvs nor moro than one hundred and
thirty-fve:, The number of members Of the
senate shall not be less than Jwenty-fve nor
more than forty-fve.
The sessions Of the leeilature shall be bien.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-05-15

been allowed by the farmer 10 put .
bul1dlng on his land, such building 10
commonly held to 90 with the farm.
and the actual owner is not allowed "a
remove 1t. 1t is argued that the buyer
OF me farm had a r right to suppose that
Il building belonged to the farm. Tho
owner OF the building can recover
lts value of the man who has sold
INC farm upon which it was
placed' 1t is very commonly known
tnat the fences pass with q sale of the
1afh; 1t is also true that fencing ma
teflal' as posts, boards, etc., when once
used' go with the farm, although they
may at time of the sale be out of the
SOL n piled away for future use. If,
however, the fencing materials have
never been used, but have only been
hauled on to the farm to be made into
fence at some future day, then they Will
not pass by the deed unless especially
mentioned. Loose boards thrown
across the beams in the barn, and scat
fold poles, do not go with the farm,
but can be taken down and removed,
or sold. 1t would be otherwise if they
were nailed Or fastened to the building.
1t is held that boards and timbers once
used in a building, which has been torn
down, and the materials stored away to
be used again, go with the farm, as a
part of the real estate.
Growing crops are so far 'tixtures''
that they pass with the deed for the
farm, unless expressly reserved in tho
deed itself. A mere verbal agreement
that the crops shall not go with the
land is not enough to bind the parties.
The deed passes the ownership of all
the growing trees, and of the trees
which have fallen in the woods, and
Which remain where they fell. When
chopped down and piled into cord
wood, or ready to behauled to the saw.
mill and made into lumber, they be-
come personal property, and don OF fol-.
1ow the ownership of the land.
In States where fertilizers are used.
the fact that manur commonly zoe
with the land instead of being the prop
)erty of the man who owned the stock
that produced it, has been settled by
many lawsuits.
Doors AMI window-blinds, whether
on the house or taken away from the
premises to be painted, are so far
Gland" that they 60 with the deed. If,
however, the blinds have never been
fitted to the house. the mar who puys
the farm will have to pay a separate
price for them, if he wants them. The
courts have decided that tie-chains for
cattle, attached to the barn, and tie-up
tplanks, stanchions, timbers, etc., are
tacitly included in the deed, and pass
by it. Mantel pieces made part of the
house 60 with it, but if put up with
brackets and in such a way that they
can be removed without damage to the
building, the contrary is true. Brick
furnaces, set kettles, pumps in wells
and sinks, all go to the new purchaser
Of the farm. Without further enumer
ition, it may be said that many practi-
cal difficulties Of the subject can be re.
moved by applying the rule mentioned
IN the opening paragraph OF this article
e. S. Judd, IN Prairie Farmer.
Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1885-05-15
CLIMATE.
Its Relation to Health and Disease Univer-
sally Recognized.

Its Relation to Health and Disease Univer-
sally Recognized.
Hot climates give rise to undue &C
tivity of the liver and skin, render the
digestive system sluggish, the nervous
variable. Cold climates promote active
digestion, muscular development, and
render the nervous system sluggish7
but expose the lungs and kidneys to-
grave diseases. The temperate climates
are the %healthiest, especially where the
temperature is least variable.
Islands have a climate of their own,
being warmer in winter and cooler in.
summer, and having a moister atmos-
approximates that of islands; while
that of the midland tends to extremes.
Mountain climates are characterized
by purity of air. The climbing of the
hill on foot %enforces deep inspiration
and promotes expansion Of the chest.
Limited districts have each, to a con-
siderable extent, their local climates.
In many cases, a change of few miles
produces an atmosphece of different
hygienic value.
More and more, at the presens day,
does the medical profession take ad-
vantage of these climatic diversities in
curing disease or improving the gen
eral health.
The climate of the sea-shore, with its
daily regular variations of temperature,
its abundance of oxygen and its saline
particles suspended in the air, tends to
increase the activity of the circulation
and respiration, and is particularly
suited to the scrofulous, to many
chronic diseases and to convalescence
from acute diseases or from surgical
operations.
Mountain climates are adapted to
consumptives and to the consumptively
inclined; to victims of hay fever; and to
such as are suffering from overwork,
but are otherwise healthy. It is harm
full to those afflicted with chronic
bronchitis, heart troubles, Bright's
disease, chronic rheumatism and to the
aged; while all such, and those who
suffer from most nervous diseases, ara
helped by the quoting and bracing Gle
mate of wooded districts.
We add (1) a mere change of sur
roundings in almest any direction is
often sufficient to effect a change in
the patient for the better. (2) No
patient should go from home in an adj
vanced stage Of disease. 90 Such as
need to go South will be helped only
as they spend a large part of their time
in the open air. They should rigidly
guard against sudden atmospheric
changes Youths Companion.