The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-03-22
Ma COUNIEY DAKOTA, FRIDAY MARCH %, 1889.

. constitution andsssass government o.
provided In this acGthe same as il that
question had not bGln unlimited to n yote
OF the people OF SoEtkDakota.
Sec. o. II shAll b the duty Of the con.
stttuttonal cOnvchtjou Of North and South
Dakota to appoint Asipint commission, to
be composed Of not :lssa than three mem.
bers OF each convent lion. whose duty Y it shall
be to assemble ats Rismarck, the present
seat OF igovernmentofsGaid territory, and
agree upon an equitable division OF all
property belonging to 4hs territory OF Da.
kota, the disposition 81 ill public records
and also adjust andhatse upon the an ount
oil the debts and liabilities oi the territory,
which shall BIZ assuned and paid by each
OF The proposed states OF North Dakota
aud South Dakots and the agreement
liabilities shall b. Incorporated in the 70.
hpertive constitutidas, and each Of said
states shall obligs itscli to pay its proper.
tion Of such tlebts Apd liz utilities the same
as IL they had eenscrsated by such state,
respectively.
Sec. {. II ithe constitutions formed for
both North Dako4a and South Dakota
shall i.e rejected BY the people at the elec-
tions Tor the ratification or rejection Of
ior in this act. the territorial government
OF Dakota shall continue in existence the
same az II this act had not bsen passed.
But II the constituton formed for, either
North DAKOTA or sAnth Dakota shall be
rujected by the people. tfiat part Of tho
territory SO rejecting Its proposed consti-
tuition shall continue under the territorial
government Of the present territory OF Da-
kota. but shall, after the state adopting
its constitution is admitted into the un.
lon: be called by the name Of the territory
OF North Dakota or South Dakota. as the
casa may be: Provided, That IL either OF
the proposed states provided for in this
net shall reject the constitution which may
he submitted for ratification or rejection
at the election provided therefore the gov.
crnor OF tho territory in which such pro.
posed constitution was rejected shall issue
hls proclamation reconvening the delegates
elected to the convention. which formed
such rejected conatitution. tixin, the time
and place ut which said delegates shall as.
eembIc; and when SO assembled they shall
proceed to form another constitution or to
amend the rejected constitution, and shall
submit such new constitution or amended
constitution to the people OF the proposed
statef Tor ratification OF rejection, at such
time as said convention may determine;
anf all the provisions of this act, SO far an
applicable, shall apply to such convention
SO reassemlled and to the constitution
which may no formed, its ratification or
rejection, and to the admission OF the pro.
posed state.
Sec. y. That the constitutional conven.
tion which may assemble in South Dakota
shall provide by ordinance for resubmit.
ting the Sioux Falls constitution Of 1855.
ater hnvlns amended the same ls urovid.
Ell ~ section of this act. to tho people o,
South Dakota for ratification or rejection
at an election to be held therein ON the
first l'uesday in October. 1889; but il said
constitutional convention is authorized
and required to form new constitution
Tor South Dakota it shall lie provided
Tor submitting tho samo IN like manner
to tho people OF South Dakota for rutih.
calion or rejection at an election to lie
held in said proposed state on tho said
fret tuesday in October. And the con.
stitutional conven ions which may as.
senhlc in North Dakota, Montana and
Washington shall provide in like manner
Tor submitting the constitutions formed
ny them to the people OF said proposed
states, respectively, Tor tho ratification or
rejection Mt elections to be held in said
proposed states on tho said first Tuesday
IN Octohor. At tho elections provided Tor
in This section the qualified votors Of said
prcaosed states shall vote directly for or
against any articles or propositions sen.
nrhtely submitted. The returns OF said
elections shall be made to the secretary
OF oach OF said territories, who, with
INC governor and chief justice there.
Of, or any two of them, shall can.
vas the same; and il a majority
ni the legal votes cast shall he
lor tho constitutions the governor shall
certify the result to the president OF tho
United States. together with a statement
oil the votes cast thereon and upon sepcrato
articles or propositions, and q copy 0i
said articles. propositions and ordinances.
And II the constitution and governments
OF said proposed states arc republican in
form. aud II all the provisions o! this act
have been complied with In the formation
thereof. 1t shall be the buty OF tho president
OF tho United States to iseue his procla.
nation announcing the result OF the elec.
tion in ench. and thereupon the proposed
states which have adopted constitutions
and iornod state governments ns herein
provided. shall De deemed admitted by
congress into the union under and by vir.
tue OF this act on an equal footing with
OF said proclamation.
Sec 8. That until the next general cen.
sus, or until otherwise provided by
law. said states shall he entitled to one
representative in the house OF representa-.
tives OF the United States except South
Dakota, which shall be entitled to two;
and the representative OF the Fifty.firat
congresa. together with the governors and
other officers provided for in said constitu.
tions. may be elected on the same day Of
the election for the ratification or rejection
OF the constitution; and until said state
officers are elected and qualified uRder the
provisions OF each constitution and the
states, respectively, are admitted into the
union. the territorial o..icersshal Il continue
to discharge the duties uf their respective
oiices IN each OF said territories.
Sec. 10. That upon tho admission OF
each OF said states into tho union sections
numbered 1G and :sG in every township Of
said proposed states, and where such Sec
tions. or any parts thereof. have been sold
or other wise disposed OF by or under the
authority OF any net OF congress. other
lands equivalent thereto, in legal sub,di-
visions nf not lees than onG-Iuarter Sec
tion. and rs contiguous as may be to the
section in lieu OF which the same is taken,
are hereby granted to suid states for the
support Of common schools. such indcma;-
ty lands to bo selected within said states
in such manner as tho legislature NAV pro.
vide, with the approval OF the sscratary Oi
the interior: Provided, that tho 10th and
"Gth sections embraced in permanent res.
ervations Tor national purposes shall not.
at any time. be subject to the grants nor to
the indemnity provisions Of this act, nor
shall any lands embraced in Indian. mill
acter, bc subject to the grants or 10 the in
hemnity provisions OF this act until tho
reservation shall have been extinguishcd
and such lands he restored to, and become
part OF the public domain.
Soc. IL That alllands herein granted for
educational purposes shall be disposed Of
only at public sale. and at n price no less
than $40 per acre, the proceeds TO const
tute q permanent school fund. the interest
oil which only shall be expended IN the
support OF said schools. But said lands
may, under such regulations as the lerisla-
tnres shall prescribe. be leased for periods
OF not moro than five years. in quantities
not exceeding one section to any one per.
sOn or company; and such land shall not
bo subject to prc.emption. homestead on.
try. or any other entry under tho land
laws OF the United States. whether sur.
yeyed or unsurveycd, but shall be reserved
for school purposes only.
SEE. 12. That upon the admission OF
each OF said states into tho union. in &C.
fifty sections Of the unapprnprated public
lands within snid states to be selected and
located in legal subdivisions a. provided
in section 10 Of this act, shall le. and are
hereby. granted TO said states for the pur.
nose Of erecting public buildings Mt tho
capital OF said states Tor legislative, execu-
tive, md judicial purposes.
Sec. IL. That five pc: centum OF the
proceeds OF the sales es public lands lying
within said states which shall be sold by
the United States subsequent to the nd.
mission OF said states into the union, alter
deductin. all the expenses incident 10 the
IA me. shall be paid to the said state, to be
used as II permanent fund. the interest OF