Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1889-03-07

shall remain valid and shall pass over to and
may be prosecuted in the name OF the state:
and ell bonds obligations or other undertakings
executed by this territory, or to any officer In
his Official capacity, shall pass over to the
proper state authority, ana to their successors
In once for the uses therein respectively ex-
pressed, and may be sued for end recovered ac-
cordfngiy. All criminal prosecutions and penal
actions which have arisen, or which may arise
before the organization of the judicial depart
ment under this constitution. and which shall
then be pending may be prosecuted to judgment
and execution in the name OF the state.
SEC. 5. All officers, civil and military, now
holding their Offices and appointments in the
territory under the authority OF the United
States, or under the authority OF this territory,
spectiye offices and appointments until super-
seeded under this constitution.
SEC. O. The first meeting of the legislature
shall be held at such time and place as shall be
selected under the provisions OF this constitu-
ton and ordinance and schedule.
SEC T. The legislature elected under the
provisions of this ordinance shall assemble at
the place fixed by the scha duie ana ordinance
on the second Monday In December in the year
of our Lord one thousand eight hundred and
eighty-iye and on the first day Of their assem-
take the oath of Office IN the presence Of the
legislature. The oath of office shall be adj
ministered to the senators and repre-
sentatives of the Legislature, and to the
state officers by, the chief Justice OF the
territory, by the president OF the state execu-
| tive committee, or by any officer duly author
SEC g. Immediately after the organization of
| the legislature and the qualification under oath
of the state officers, both houses OF the legisa-
| ture shall then and there proceed to elect two
| senators of tho United States, for the state OF
| Dakota. At said election tho two persons who
shall receive the majority OF all the votes cast
| by said senators and representatives shall be
| elected as such United States senator's. and
shall be be so declared by the presiding officers
| of said Joint session. The presiding officers OF
| the'senate and house shall issue certificate to
| each of said senators certifying his election,
| which certificates shall also be signed by the
! governor, and attested by the secretary OF
4 state.
SEC. Q. This constitution shall be submitted
| for adoption or rejection, to vote OF the cleo
| tors qualified by the laws of this territory to
/ vote at all elections, at the election to be held
/ on the Tuesday next after the first Monday in
November A. b. 1885. At the said election the
/ ballots shall be in the following form;
For the constitution. Yes. No.
For prohibition. Yes No.
/ For minority representation. Yes. No.
And as heading to each of said ballots. shall
be printed ON each ballot the following instruc-
| tions to voters
All persons desiring to vote for the constitu-
/ ton or any of the artic1ds submitted to sepa-
rate vote, may erase the word mo"
/ All persons who desire to vote against the con-
stitution against any article submitted sepa-
/ rately may erase the word yes.
ANY person may have printed or written on
| his ballot only the words afor the constitution
/ or against the constitution, and such ballots
1
| 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
! this convention for a separate vote thereon. an
| election shall be held OF the same time and
places by said qualified electors for the follow
| ing st ate officers to be voted for on the same
| ballot as is above provided for votes on the con-
| stitution and separate articles, to wit: gov.
| ernor, lieutenant governor and all other STATE
| and judicial offices which are PROVIDED Iof ID
| this constitution.
At the same time and places of election
there shall be held an election, by the said
| qualified electors, within their respective dis
! tricts for representatives and senators for the
state legislature, and for two representatives
| in congress.
| shall be held in the same manner and form al
provided for the election for the adoption Oh
rejection of the constitution. And the names
of all such officers above specified, to be Voteo
for at such election, shall be written or printed
upon the same ballots as the vote for or against
the constitution.
The Judges of election in counting the ballots
voted at said election, shall count all the afhrm
alive ballots upon the constitution as votes fo
the constitution and they shall count all thu
negative ballots voted at said election upon thu
! constitution as votes against the constitution
and ballots voted at said election upon which
which neither Of said words, yes or no, following
the words @for the constitution are erased
| shall not be counted upon such proposition. Ant
they shall count all affirmative ballots SO voted
upon the article on prohibitions separately sub
count all negative ballots SO voted upon sucl
article, as votes against such article. And bal
lots upon which neither OF the words, yes or no
following the words "for prohibition" arr
erased shall not be counted upon such propo
sition. And they shall count all affirmative
ballots SO voted upon the article on minorit!
representation, separately submitted, as vote!
for such article. And they shall count all neg
alive ballots voted upon such article as 70. o.
against such article And ballots upon which
neither Of said words yes or no following the
words, @for minority representation arr
erased, shall not be counted upon such PROPOSE
ton.
| turns hereinafter provided for, that a majority
of the votes polled at such election, for ant
against the constitution, are for the constitu
ton, then this constitution shall be the consti
tuition of the state OF Dakota: 1t it shsl
appear, according to the returns here
matter provided for, that majority o
then article XIV shall be and form part o
this constitution, and be in full force and effec
as such from the date of said election.
| But if majority of said votes shall appear
according to said returns TO be against prohibi
tion, then said article XIV shall be null ant
void and shall not be a part OF this constitution
And If it shall appear according to the returns
hereinafter provided for, that majority OF al
the votes cast at said election for and against
minority representa1on are for Wxv minor isoT
be and form part of said constitution. and bs
in full force and effect as such from the date O.
said election and oil sections and parts Of sec
lions of said constitution which conflict with
said article shall be thereby repealed, and b'
| null and void.
But II a majority of said votes shall appear
according to said returns to be against minority
| representation then said article XIV shall be
null and void and shall not be a part of thu
constitution.
At such election the person voted for, for an,
one of the offices to be filed at such election
who shall receive the highest number of votes
cast at said election shall be declared elected Il
said office.
there shall be held by said qualified electors al
election for the place OF meeting for the mrs
legislature and for the temporary seat OF gov
eminent
which are the matters voted for or against, al
hereinbefore provided, shall be written or print
ed the words afor temporary seat OF govern
ment."
| Here insert the name OF the city, town O.
place to be voted for.)
And upon the canvass and return of the votes
made, as hereinafter provided for. the name O
the city, town or place which shall have
received the largest number of votei
for said temporary seat of govern
ment, shall be declared by the stat,
executive committee, together with the Who'll.
number of votes cast for each city, town o
| place. And the state executive committee shall
Immediately after the result of said election
shall have been ascertained, issue a proclama
| tion directing the legislature elected at sucl
| election to assemble at said city. town or plac,
SO elected on the day fxed by this ordinanc,
and schedule.
/ SEC. IL. There shall be elected by this con
vention soon as possible after the adoption O
| this schedule and ordinance state executv,
committee consisting of seven members. ant
| the persons thus elected are Hugh j. Campbell
Joseph r. Hanson, E. p. Beebe, ,. g. Updyke
John Cain, James A. Ward, A. J. simmons ont
OF whom, to-wit, Hugh ]. Campbell. who il
elected by this convention as such, shall be tn,
president Of the state executive committee