Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-04-22
DIVIDING DAKOTA.
Representative Hills Bill.
Full Text of the House Bill which is
said to have the Support of the
Democratic Members.

A Bill to divide the Territory of Dakot
and to Establish the Territory of NortI
Dakota.
be it enacted by the Senate and Hous
OF Representative of the United State
OF America in Congress assembled, Tha
all that part of the territory Of th
United States now constituting portion
OF the territory of Dakota, and described
as follows, to-wit: Commencing at ,
point on the Red River of the Hortl
where the forty-ninth degree of Nortl
latitude crosses the same; thence soutt
aioag the west boundary line OF the state
OF Minnesota to the seventh STANDARD
parallel of said territory; thence west
along said seventh standard parallel and
the extension thereof to the eastern
boundary-line of the territory of Mon.
tana; thence north along SAID boundary
line to the forty ninth degree OF nortt
latitude, thence east along said degree
to the place of beginning, be, and the
same is hereby, organized into tempor.
ary government by the name of the ter.
ritory of North Dakota.
Section 2. That all the provisions OF
chapter one of title twenty-three of the
revised statutes of the United States
and the amendments thereto, except as
herein otherwise provided, shall apply to
and be IN full force and effect in the said
territory of North Dakota.
Sec. 3. That the legislative council
OF said territory shall consist of twenty
members, and the house of representa-
tives thereof forty members.
Sec. 4. That there shall be appointed
IN the manner provided by law, o
survsyor-general for the said territory,
who shall locate aud keep his office at
such place within said territory as she
secretary OF the interior shall from time
to time direct, and whose duties, powers
responsibilities, compensa-
ton and allowance for clerk. hire, Office
rent, fuel and incidental expenses shall
be the same as those of the surveyor
general of the territory of Dakota.
Sec. 3. That the judicial power in the
territory of North Dakota shall be vested
IN supreme court, district conrts, pro-
bate courts, and justices Of the peace.
SEQ. 6. That wrlts of error and ap.
peals from the final decisions of the
supreme court of said territory shall be
allowed to the supreme court of
the United States, in the same
and under the same
regulations as from the circuit
courts of the United States, where the
value of the property or the amount in
controversy, to be ascertained by the
oath of either party litigant, or other
witnesses, exceeds one thou
sand dollars, except that writ OF error
or appeal shall be allowed to the su-
preme court of the United States from
the decision of the supreme court of
said territory, or any judge thereof, or
Of the district courts thereof, or any
Judge thereof, upon wrlts of habeas cor
pus involving the question of personal
freedom.
Sec. Z. That each of the district
courts in said territory shall have and
exercise the same jurisdiction IN all
cases arising under the constitution and
avs of the United States as is vested in
the circuit and district courts OF the
United States, and the first six days of
every term of the respective district
courts, or 30 much thereof as is neces-
sary, shall bs appropriated to the trial
Of cases arising under such constitution
and laws; but writs of error and appeals
IN all such cases shall be allowed to the
supreme court of said territory as in
other cases made and provided.
Sec. s. That the supreme and dis.
5rict courts of said territory, and the
judges thereof, may grant
writs of habeas corpus in all cases in
which the same are grantable by the
Judges of the United States courts in
The District OF Columbia
Sec. 8. That the probate courts OF said
territory, in their respective counties, in
addition to their probate jurisdiction,
arc authorized to hear and determine
civil causes wherein the damages or
debt claimed does not exceed five hun
lred dollars, and such criminal cases
arising under the laws of the territory
IS do not require the intervention
Of grand jury; but they shall not have
iurisdiction of any matter in contro-
gersy where the title or right to the
peaceable possession of land may be
in dispute, or of chancery or divorce
causes; and in all cases an appeal may be
taken from an order, judgment or de-
cree of the probate court to the district
court.
Sec. 10. That no justice of the peace
in said territory shall have jurisdiction
in any case where the debt or sum
exceeds one hundred dollars.
Sec. IL. That the legislative assembly
Of said territory of North Dakota may
alter, or modify the several
judicial districts thereof, and may as
sign the judges appointed for said tsrri-
tory to the several Judicial districts,
and may fix or alter the times and
places of holding the district courts
therein, in such manner as each succeed
ing legislative assembly shall deem
proper and convenient.
Sec. -. That all township, munich
pal, county, district, and territorial Off
GERS except such territorial officers ae
are appoInted by the presi-
dent shall be appointed or elected
IN such manner as may be
provided by the governor and legis-
lative assem- bly, of said territory of North
Dakota; and all township, municipal
county and district officers of the teri
tory of Dakota who shall be in office
within the limits ofthe said territory oi
North Dakota when this act shall take
effect shall be, and they are hereby
authorized and reqnirsd to continue te
exercise and perform the duties OF theil
respective e.iices until their successor!
are duly appointed or elected and quail
fed, as provided by the governor ane
legislative assembly of said territory o
North Dakota, or until such office shal
1 II. L