Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-07-31
RESTRICTING TERRITORIAL LEGISLATION
The Law Relative to the Powers OF
Territories as it Passed the Senate
and House OF Representatives..

and House OF Representatives..
The following Is the full text of the
amended law prohibiting special legis-
lation in the territories as it was finally
passed. The official title of the bill is,
IAN act to prohibit the passage of local
or special laws, in the territories of the
United States, to limit territorial debt
and for other purposes"
1t Gow awaits the signature OF the
president.
Section l. Be it enacted by the SEN
ate and the house of representatives OF
the United States of America in con-
gress assembled, that the legislatures of
the territories of the United States now
or hereafter to be organized shall not
pass local or special laws in any of the
following enumerated cases. that is
to say: Granting divorces; changing
names of persons or places; laying out
opening, altering and working roads for
highways; vaoating roads, town plats,
streets, alleys and public grounds; locat-
ing or changing county seats; regulating
county and township affairs; regulating
the practice in courts of Justice; regulat-
the jurisdiction and duties of justice Of
the peace, police magistrates and con-
stables; providing for change of venue
IN civil and criminal cases; incorporat-
ing cities, towns, villages or changing or
amending the charter of any town, city
or village; for the punishment of crimes
or nlisdeneanors; for the assessment
and collection of taxes for territorial,
county, township or roads purposes;
summoning or impaneling grand or petit
Jurors; providing for the management of
common schools; regulating the rate of
Interest on money; the opening and con-
Quoting OF any election or designating
the place of voting; the sale or mort
gage of real estate belonging to minors
or others under disability; the protec-
ton of game or fish; chartering or
licensing ferries or toll bridges; remit
ting fines, penalties or forfeitures, Great
ing, increasing or decreasing fees, per-
centage or allowances OF pub
lic officers which are elect
ed or appointed; changing the
law of descent; granting to any corpora
ton, association or individual the right
TO lay down railroad tracks or amending
existing charters for such purpose,
granting to any corporation, association
or individual any special or exclusive
privilege, immunity or franchise what
ever; in all other cases where @ general
law con be made applicable, no special
law shall be enacted IN any of the terri
torial Legislatures thereof.
Sec. 2. That no territory of the
United States now or hereafter to be
| organized, or any political or municipal
corporation or subdivision of any such
territory, shall hereafter make any sub.
scription to the capital stock of any in
cor porated company, or as,
sociation having corporate powers, or
in any manner loan its credit to or use
it for the benefit of any such company
or association, or borrow any money for
the use of any such company or asso
citation.
Sec. 3 That no law of any territorial
| legislature shall author any debt tc
be contracted by or in behalf of any suct
territory except in the following cases
To meet e casual deficit IN the revenues
to pay th5 interest upon the territorial
| debt, to suppress insnrrectlons, or tx
provide for the public defense
except in addition to any indebted
ness created for such purpose the
legislation may authorize loan for the
erection of penal, charitable or education
al institutions for such territory, if ths
total Indebtedness OF the territory is MOI
thereby made to exceed one per cent
upon the assessed value of the taxable
property IN such territory as shown BY
the last assessment for taxation, anC
nothing in this act shall be construed tt
prohibit the refunding of any existing
indebtedness of such territory, or of any
political or municipal corporation, coun
ty or other subdivision therein.
Sec. a. That no political or munich.
pal corporation, county, or other sub
division in any of the territories of tn,
United States shall ever become indebt
| ed IN any manner or for any purpose
to any amount in the aggregate, in
Guiding existing indebtedness, exceed
ing four per centum on the value of tn,
tax able property within such corpora
tion, county or subdivision to be ascer
tanned by the last assessment for terri
toTlal and county taxes previous to th,
mourning of such Indebtedness; and al
bonds or obligations in excess of sucI
amount given by such corporation shall
be void; that nothing in this act con
talned shall be 80 construed as to affec
| the validity of any act OF any territoria
| Legislature heretofore enacted or of an,
obligations existing or contracted there
/ IuOE W pTSCluu0 Iuc lbSUlUR o
| bonds already contracted for, IN pursu
ance of express provisions of law, nor I,
prevent any territorial legislature from
/ Ilegalizing the acts of any county
municipal corporation, or subdivision o
any territory as to any bonds heretofor,
issued or contracted TO be issued.
| Sec. s. That section 1889, It'll
twenty-three, of the revised statutes oi
the United States be amended to reat
as follows: "The legislative assemble
of the several territories shall not gran
Iprivate charters or special privileges
but they may, by general incorporation
acts, permit persons to associate them
selves together as bodies corporate fo
mining. manufacturing and other in
dustrial pursuits, and for oonductin
the business of insurance, banks of dis
count and deposit (but not for issue
loan, trust and guarantee associations
and for the construction or operation G
railroads, wagon roads, irrigation ditchel
and the colonization and improvement
of lands in connection Herewith, or fo
colleges, seminaries, churches, Libraries
or any other benevolent, charitable &
scientific association.
Section 6. That nothing IN this az
; contained shall be construed to abridg
the power of congress to annual an
law passed by territorial legislator
or to modify any existing law of cor
, gress requiring in any case that th
laws of any territory shall be submitte