St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-01-26
The Substitute An Enabling
Act for the Admission of the
g. Whole Territory.
Mr. Butler Would Have a Con-
vention Meet at Bismarck
in July.
Other Machinery by Which the
Territory May Come Into
the Union.

ported Il SUBSTITUTE Tor the OIL reported
10y Senator Plat for the division of
Dakota and the admission of the south
ern half as a state. The substitute re-
ported by Senator Butler is in the nature
of an enabling act 10 allow the people
of the whole territory TO form a state
government, and is as follows:
Be it enacted by the senate and house
of representatives OF the United
States of America in congress assem-
bled,
That the inhabitants of all that part
of the area OF the United States now
constituting the territory of Dakota, as
ut present described, may become the
state of Dakota, as hereinafter pro-
Vided.
See p That all persons who shall
have resided within the limits of said
proposed state for sixty days, and are
otherwise qualified 10y the laws of said
territory 10 vote for representatives to
the legislative assembly thereof, are
hereby authorized 10 vote for and choose
delegates 10 form convention i'll said
territory. and the qualifications for del
egateS To such convention shall be such
a. by the laws of said territory reSpec-
lively persons are required 10 possess
10 be eligible to the Legislative assembly
thereof; and the aforesaid delegates to
form said convention shall be appOr-
toned among the several counties
within the limits of the proposed state,
in such districts as are hereinafter pro-
Vided. in proportion TO the population
III each of said counties and districts. as
near as may be, to be aScertained at the
time of making said apportiOnment, by
the persons hereinafter authorized to
make the same, rom the best
information obtainable; that said appor-
tl0nment shall be made by the governor,
the secretary. and the United States at
tOrney of said territory: and the COVER
nor of said territory shall, by proclama
tion, order an election of the delegates
aforeSaid.to be held the Tuesday next
after the first Monday in June, 1888,
which proclamation shall be issued at
least thirty days pIior to the time of
said election; and such election shall be
conducted, the return made, the result
ascertained, and the certificates to per-
sons elected to such c0Ecention issued
in the same manner as is prescribed by
the laws OF the said territory regulating
elections therein for delegate to con-
gresS. The number of delegates to said
convention shall be $50; and all persons
resident in said proposed state, who are
si;;stiIiiCi pUttiS "a said territory as
herein provided, shall be entitled to
NOlt lllc titCllOH Vi anu
upon the ratification or rejection of the
constitution. under such rules and reg
nlttionS as said convention may pre-
scribe. not in conflict with this act.
Sec. 3. That the said state of Dakota
shall have concurrent jurisdiction OF the
river Missouri, and of every other river
bordering on the said state of Dakota,
sc, Tar as the said rivers shall form a
common boundary to the said state. and
any other state or states or territory or
territories now or hereafter to be
formed, said rivers to be common to
both: and that the said river Missouri
shall be common highway, and forever
free as well TO the inhabitants of said
state as all other citizens of the United
States. without any tax. duty. impOSt OF
toll imposed by said state of Dakota
therefor.
Sec. 4. That the persons hereinbefore
authorized shall divide said proposed
state into fifty election districts, in each
of which districts three delegates to the
said constitutional convention shall be
elected. In voting for such delegates
each qualified voter may vote for not
exceeding TWO persons, and the candi-
dates highest in vote shall be declared
elected.
Sec. ). That the districts in which
delegates to the constitutional cOnyen-
tons are TO be elected shall be formed
Of contiguous and compact territory
bounded by county lines, as far as pos
Sible. and contain as nearly as practical
bic on equal number of inhabitants, ac-
cOrding to the census of 1885. or the
latest enumeration of the inhabitants
thereof: but no district shall contain
less than four-fifths of the ratio required
for three delegates. Counties contain
ing not less than the ratio and three
fourth may he divided into separate dis
tricts, and into as many districts as the
population may require.
Sec. g. That the delegates to the con-
Vention thus elected shall meet at the
seat of government of said territory the
third Tuesday of July, 1888, and, after
organization. shall declare, on behalf OF
the people of said state, that they adopt
the constitution of the United States
whereupOn the said convention shall be,
and are hereby authorized 10 form a
constitution and state government for
said proposed state. Provided, That
the constitution shall be republican
in form, and make no distinction in civil
or political rights on account of
race or color. except as to Indians not
taxed, and not be repugnant TO the con-
StitutiOn OF the United States and the
principles of the declaration of indie
pendence. And provided further, that
said convention shall provide, by OIdi-
nance irrevOcable without the consent
of the United States and the people of
said states, first, that perfect federation
of religious sentiment shall be secured,
and that no inhabitant of said state shall
ever be mOlested in person or property
on account of his or her mode of re-
ligi0us worship; secondly, that the
people inhabting said proposed state
do agree and declare that they forever
diSclaim all right and title to the unap-
prOpriated public lands lying within the
boundaries thereof, and to all lands ly-
ing within said limits owned or held by
any Indian or Indian tribes; and that
until the title thereto shall have been
extinguished by the United States, the
same shall be and remain subject to the
disposition of the United States, and
said Indian lands shall remain under
the absolute Jurisdiction and control OF
the congress of the United States; that
the lards belonging to citizens of the
United States residing without the said
state shall never he taxed at a higher
rate than the lands belonging to resi-
dents thereof; that no taxes shall be i'm.
posed by the state on lands or property
therein belonging to. or which may
hereafter be purchased by the United
States or reserved for its use. Provided
however, that nothing herein, or in the
ordinance herein provided for, shall
preclude the said state from taxing a.
other lands are taxed any lands owned
or held by any Indian who has severed
his tribal relations, and has obtained
from the United States or from any per
son title thereto by patent or Othe
grant. save and except such lands as hav,
been or may be granted to any Indian O.
Indians under any act of congress con
a 20 o,afi 70. IL
thus granted from taxation: but sait
ordinance shall provide that all sucl
lands shall be exempt from taxation b,
said stare so long aud to such extent a