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

F'ts' t'i'a bA pbit" oiAl vi bti'l hb
dcrtaking executed by this territory. or to any
officer in his official capacity. shall pass over TO
the proper state authority. and to their sue
ccSsorS in Office. for the uses therein respect
lively expressed, and may be sued for ana re-
covered accordingly. All criminal prosccu-
tons and penal actions which have arisen or
may arise before the organization of the judic-
ial department under this constitution, and
which shall then be pending, may he prosecut-
cd To judgment and execution in the name of
the state,
Sec. :. All officers, civil and military. now
holding their Offices and appointments in this
territory under the authority OF the United
states, or under the authority OF this territory
shall continue To hold and exercise their re-
spectivc offices and appointments until super
seeded under this constitution.
Sec. q. The first meeting of the legislature
shall be held at such time and place a. shall Ice
selected under the provisions of this constitu-
ton and ordinance and schedule.
! Sec. :. The legislature elected under the pro-
visions of this ordinance. shall assemble AT the
place fixed by this schedule and ordinance on
the second Monday in December. A. d., 1886;
and on the first day of their asScmhlagc the
governor and other state officers shall take the
oath of Office in the presence of the legislature.
The oath of Office shall he administered to
tn. senators and representatives of the lcgisla-
lure, and to the state officers by the chief jus
tice of the territory. or by the president of the
state executive committee, or 10y any officer
duly rlthorized 10y the laws OF the territory to
administer Oaths.
See. $. Immediately after the organization
Of the Legislature and the qualification under
oath of the state officers. both houses of the
legislature shall then and there proceed to
elect two senator's OF the United States, for
the state of Dakota. AT said election the two
persons who shall receive the majority of allthe
votes east by said senators and representatives,
snail b De f, Zee co a. snc IN I nj tS states sHnato oni.
GERS of said joint session. The presiding Off
GERS of the senate and house shall issue "A Ger
tificate To each of said senators certifying his
election, which certificates shall also be signed
by the governor and attestcd by the secretary
Of state.
c. A M, 80. -l.ll l.. l-...1
for adoption or rejection. TO Il vote OF the elec-
tors qualified 10y the laws of this territory to
vote at all elections. ut the election To be held
on the Tuesday next after the first Monday in
November, A. ID. lSS. At the said election the
ballots shall be in the following form.
For the constitutions: Yes. No.
For prohibition: Yes. No.
For minority representation: Yes. No.
And rs IA heading to each of said ballots shall
be printed on each ballot the following instruc-
tons To voters.
All persons desiring to vote for the constitu-
ton, or any OF the articles submitted TO IA sep
crate vote, may erase the word nc"
All persons who desire to vote against the
constitution, or against any article submitted
separately, may erase the word Eyes"
Any person may have printed or written on
his ballot only the words for the constitution"
or against the constitution and such ballots
shall be counted for or against the constitution
accordingly. The same provision shall apply
TO articles submitted separately,
In addition to the foregoing election for the
constitution. and for the articles submitted by
WIS tbli W "a - tai I WV tll'I'oli. WI
election shall hc held at the same time and pla-
ccs. 10y the said qualified electors. for the fol-
lowing state officers, 10 be voted for on the
same ballot rs Is above provided for votes on
the constitution and separate articles, to-wit:
\ governor, a Lieutenant governor and all
other state and judicial officers which are pro-
Yidcd for i'm this constitution.
AT the same time and places OF election
there shall Toe held an election, 10y the said
qualified electors. within their respective dis
trictS for representatives and senators for the
state lcgislatGrc,and for two representatives
in congress.
All the aforesaid elections above provided
for, shall he held in the same manner and form
as provided for the election
for the adoption or, the rejection
such officers above specified TO bc voted for
at such election, shall be written or printed
upon the same ballots as the vote for or
against the constitution.
The judges of elections in counting the bal
lots voted M said election, shall count all the
affirmative ballots upon the constitution as
votes for the constitutions: and they shall
count all the negative ballots voted 1T said
election upon the constitution, as votes against
the constitutions; and ballots voted AT said
election upon which neither of said words,
yes or no. following the words ''for the con
stitution' are erased. shall not be counted
upon such proposition. And they shall count
all affirmative ballots SO voted upon the arti-
Gle of prohibition, separately submitted, as
votes for such article. And they shall count
all negative ballots so voted upon such article,
rs votes against such article. And ballots
upon which neither of the words. yes or no,
following the words 'for prohibition are
erased shall not be counted upon such propO-
sition. And they shall count all affirmative
ballots SO voted upon the article on minority
representation, separately submitted, as votes
for such article, And they shall count all
negative ballots so voted upon such article, rs
votes against such article. And ballots upon
which neither OF said words. yes or no, follow
ing the words ''tor minority representation
are erased, shall not be counted upon such
proposition.
II it shall appear. in accordance with the
returns hereinafter provided for, that a ma
jority of the votes polled AT such election for
and against the constitution, are for the con
stitution, then this constitution shall be the
constitution of the state of Dakota. III IL shall
appear, according to the returns hereinafter
provided for, that a majority of all the votes
cast nj said election for and against 'prohibi-
item are for prohibition, then said article
XXIV shall be and form il part OF this consti-
tuition, and be in full force and effect as such
from the date of said election.
But if "A majority of said votes shall appear,
according to said returns, to be against pro-
hibition. then article XIV shall be null ard
void and shall not be a part OF this constitu-
ton.
And if II shall appear according 70 the re-
turns hereinafter provided for, that Il majority
of all votes cast at said election for and
against minority representation are for mi
nority representation. then article XIV shall
be ami form Il part of said constitution, and
be i'm full force and effect as such from the
date Of said election, and all sections and parts
Of sections of said constitution which conflict
with said article shall be thereby repealed.
and be null and void.
But if a majority of said votes shall appear
according TO said returns to be against minor
ity representation. then said article y shall
be null and void and shall not be Il part OF
this constitution.
AT such election the person voted for, for
any one of the offices 10 be filed at such eiec-
ton. who shall receive the highest Number of
votes east at said election, shall be declared
elected to said office.
Sec. 10. 1t the same time and places of
election there shall be held by said qualified
electors an election for the place of meeting
for the first legislature and for the temporary
seat of government.
on each ballot. and on the same ballot on
which are the matters voted for or against. as
hereinbefore provided. shall be written or
printed the words for temporary seat of
government"
Here insert the name OF the city. town or
place to be voted fOr.)
And upon the canvass and return OF the
votes made. as hereinafter provided for, the
name OF the city. town or place which shall
have received the largest number OF votes for