Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-09-20

ment under this constitution, shall remain
valid, and shall pass over 70, and may be
prosecuted In the name of the state of
South Dakota; and all bonds, obligations
or undertakings, executed to this terri
tory, within the boundaries of the state of
South Dakota, or to any officer in his Of
fetal capacity, shall pass over to the prop
er state authority, and to their successors
In Office, for the uses therein respectively
expressed, and may be sued for and re-
covered accordingly.
All criminal prosecutions and penal
actions, which have arisen, or which may
arise before the organization of the in.
dicial department under the constitution,
and which shall then be pending, may be
prosecuted to judgment and executed in
the name of the state.
Sec. 4. All officers, civil and military,
now holding their offices and appoint.
ments in this territory, under the authori-
ty of the United States, or under the
authority of the territory of Dakota, shall
continue to hold and exercise their re-
spective Offices and appointments until
superseded under this constitution,
Provided; That the provision of the
above sections shall be subjected to the
provision of the act of congress provid-
ing for the admission of the state of
South Dakota, approved by the president
of the United States, on February %, 1889.
Sec. 5. This constitution shall be sub
mitted for adoption or rejection to a vote
OF the electors, qualified by the laws of
this territory to vote at all elections, at
the election to be held on Tuesday, Octo.
Der /, 1889.
At the said election the ballot shall be
in the following form:
For the constitution; Yes. No.
For prohibition; Yes. No.
For minority representation; Yes.
No.
AS heading to each of said ballots
shall be printed on each ballot the fol-
lowing instructions to voters:
All persons desiring to vote for the
constitution, or for any of the articles
submitted to a separate vote, must
erase the word mo"
All persons who desire to vote
against the constitution, or against
any article submitted separately, must
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 againt, 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 this convention for sep
arate vote thereon, an election shall be
held at the same time and places, by
the said qualified electors, for the fol-
lowing state officers, to be voted for on
the same ballot as above provided for
votes on the constitution and separate
articles to-wit:
A governor, lieutenant governor, Sec
rotary ofstate, auditor, treasurer, at
torney general, superintendent of
public instruction, commissioner of
school and public lands, judges of the
supreme, circuit and county courts, re-
representatives. in congress-, state sena-
tors, and representatives in the legisla-
ture.
All the elections above provided for
shall be held in the same manner and
form as provided for the election for
the adoption or rejection of the consti-
tuition. And the names of all the Of
fcers above specified to be voted for at
such election shall be written or print
ed upon the same ballots as the vote
for or againt the constitution.
The judges OF election in counting
the ballots voted at such election shall
count all the affirmative ballots upon
the constitution, as votes for the consti-
tuition; and they shall count all the neg
alive ballots voted at said election up
on the constitution, as votes against
the constitution; and ballots voted at
said election upon which neither of
said words Eyes" or mo" following the
words "for the constitution" are erased
shall not be counted upon such propos-
ition. And they shall count all affirm
alive ballots so voted upon the article
on prohibition, separately submitted,
as votes for such article and they shall
count all negative ballots so voted up
on such article as votes against such
article. And ballots upon which neith-
er the words Eyes" or "nO" following
the words ''for prohibition are erased,
shall not be counted upon such PROPOSE
ton. And they shall count all atfirma-
tive ballots so voted upon the article
on minority representation, separately
submitted, as votes for such article.
iAl1u UllCy ollStlA COuAO Oil ACS0GANO OOA-
lots so voted upon such article, as votes
against such article, and ballots upon
which neither of said words Eyes or
mo" following the words ''for minors
ty representation" are erased, shall not
be counted upon such proposition.
If it shall appear in accordance with
the returns hereinafter provided for,
that majority of the votes polled at
such election, for or against the con-
stitution, are for the constitution, then
this constitution shall be the constitu-
ton of the state of South Da-
kota If it shall appear, according to
the returns hereinafter provided for,
that majority of all votes cast at said
election for and against prohibition are
for prohibition, then said Article NXlV
shall be and form a part of this consti-
tuition, and be in full force and effect
as such from date of such election.
But if a majority of said votes shall APP
pear, according to said returns, to be
against prohibition, then Article XXIV
shall be null and void and shall not be
a part of this constitution. And if it
appear, according to the returns here
matter provided for, that majority of
all votes cast at said election for and
against minority representation, are for
minority representation, then Article
XIV shall be and form a part of said
constitution and be in full force and
effect as such from the date OF said