Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-03-16
Article III.
LEGISLATIVE DEPARTMENT.

Section !. The legislative pOwershall he vest
cd in Il legislature, which shall consist OF a sen
ate ana house OF representatives,
sec. =. The number OF members OF the house
81 representatives shall not beless than seventy.
five nor more than one hundred and thirty Ave.
The number OF members OF the senate shall not
he less than twenty five nor more than forty
1--WE.
The sessions OF the legislature shall be biennial
except as otherwise provided in this constitu-
ton.
Sec. 3. No person shall be eligible to the Office
OF senator who is not a qualified elector in the
district from which he may be chosen, and a cit
izen OF the United states, and who shall not
have attained the age of 20 years, and who shah
not have been a resident OF the state or terrific
~ for two years next preCedin g his election.
NO person shall BE- eligible to the Office OF rep
resentatiVe who is not a qualified elector in the
district from which he may be chosen, and a cit
zen Cl the united states, and who shall not
have been a resident OF the state or territory
Tor two years next preceding his election, and
who shall not have attained The age of 20 years.
NO Judge or clerk OF any court, secretary Of
state, attorney general, states attorney, r-
corder, sheriff, or collector OF public moneys,
member OF either house OF congress, or person
holding any lucrative Office under the United
states, or this state, or any foreign government,
shall be a member OF the legislature; provided,
that appointments in the militia, the Offices of
notary public and justice Of the peace shall not
be considered lucrative; nor shall any person
holding any Office Of honor or profit under any
foreign government or under the government of
the United states except postmasters whose an
NHal compensation does not exceed the sum OF
$500, hoid any office in either branch Of the leg
I~latlre or become a member thereon.
see. !. No person who has been, or hereafter
shall be, convicted Of bribery, perjury, or other
infamous crime, nor any person who has been,
or may ne collector or holder of public moneys,
VINO ShaL not nave accountedtora and paid over,
according 70 law, all such moneys due from him,
shall be eligible TO the legislature or to any office
IL either branch thereof.
Sec. .. The legislature shall provide by law
Tor the enumeration or the inhabitants of the
state in the year 1895, and every ten years there
after, ana at it's first regular session, alter each
enumeration mace Dy 9hthurity OF the United
states, but at no other time; he legislature shall
dpportioD the senator's and representatives ac-
rording 10 rhe number OF inhabitants, excluding
Indians Not taxed ana soldiers and officers OF
the UniteG states army and navy; provided that
theieE'ijNsure nAy make an apportionment Al its
fEst SESSION. after me admission Of Dakota as d
state.
Sec. 6. The terms Of the Office ofthe members
Of the legislature, shall be two years; they shall
receive for their services as the sum OF 50 90 fer
legislature. and ten cents for every mile OF nee
essary travel in going to and returning from the
place OF meeting OF the legislature on the most
usual route.
Each regular session of the legislature shall
not exceed sixty days, except IN cases OF i'm.
parchment, and MEMBERS OF the legislature shah
receive no other pay or perquisi;es except per
diem and mileage.
sec. Z. The legislature shah meet at the seat
Of government on the first Tuesday after the
first Monday OF January, at II O'Clock m, in
the year next ensuing the election OF MEMBERS
thereof, and at no other time except as proyid-
Cd by this constitution.
Sec. 4. Members of the legislature and the
officers thereof, before they enterupon their Off
cial duties, shall take or subscribe the following
oath or affirmation: | DO sOlemnly swear cor
atiirm) that ! viii support the constitution OF
the United states and the constitution Of the
state OF Dakota, and willfaithfully discharge the
duties OF senator, representative or %ofticerl
according To the best OF my abilities, AMI that |
have not knowingly or Intentionally paid or
contributed anything, or made any promise in
the nature OF a bride, 10 directly or indirectly
influence any vote at the election at which WAS
chosen 10 i'll said office. and have not accepted
nor will ! accept or receive, directly or indirect
~, any money, pass, or any other valuable
thing, from any corporation, company or per
son. for any vote or influence l may give. or
withhold ON any bill or resolution, or apprOpri-
alton, or for any other official act.
This oath shall be administered by a judge Of
the supreme or circuit court, or the presiding
officer oi either house, in the hall OF the house
TO which the member is elected, aud the secreta-
ry Of state shall record and file the oath sub
Scribed by eaCh member and officer.
Any member or officer who shah refuse to take
the oath herein prescribed shall forfeit his Office.
Any member or officer of the legislature who
shall be convicted Of having sworn falsely TO or
violated his said oath, shall forfeit his Office
and b. disqualified thereafter from holding the
ONCE OF senator or member OF the house OF rep.
resentatives or any Office within the gift OF the
legislature.
Sec. 9. Each house shall be the Judge of the
election returns and qualifications OF its own
members.
A majority OF the members Of each house shall
constitute a quorum, but a smaller number may
adjourn IRON day to day, and may compel the
attendance OF absent members in such a man
ner and under such a penalty as each house
may provide.
Each house shall determine the rules OF its
proceedings, shah choose its own officers and
employees and fix the pay thereof, except as 9th
erwise provided in this constitution.
Sec. 10. The governor shall issue writs OF
election to fill such vacancies as may occur in
either house OF the legislature.
See. IL. Senator'S and representatives shall,
ia all cases except treason, felony or breach OF
the peace, be privileged from arrest during the
session OF the legislature, and in going to and re-
turning from the same; and for words used in
any speech or debate in either house, they shall
net be questioned in any other place.