Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-03-15
ARTICLE III.
LEGISLATIVE DEPARTMENT.

vested in legislature, which shall consist of
senate and house Of representatives.
SEC 2. The number OF members of the house
of representatives shall not be less than seven
ty-fve nor more than one hundred and thirty
five. The number of members of the senate
shall not be less!than twenty-five nor more than
forty-fve.
The sessions of the legislature shall be bien-
NAL. except as otherwise provided in this
stitution.
SEC. 3. No person shall be eligible to the Office
OF senator who is not q qualified elector in the
district from which he may be chosen, and q
citizen of the United States, and who shall not
have attained the age of twent y-five years, and
who shall not have been resident of the state
or territory Tor two years next preceding 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
citizen of tho United States and who shall not
have been resident of the state or territory
for two years next preceding his election, and
who shall not have attained the age of twenty
five years.
No judge or clerk of any court, secretary of
state, Encouragement, states attorney, re-
corder, sheretf, 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 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
annual COMPENSATION does not exceed the sum
OF three hundred dollars hold any office in
either branch of the legislature or become O
member thereof.
SEC: a. 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 be collector, or holder of public moneys,
who shall not have accounted for and paid over,
according to law, all such moneys due from
him, shall be eligible to the legislature or to
any office in either branch thereof
SEC. 5. The legislature shull provide by law
for the enumeration of the inhabitants of the
state III the year one thousand eight hundred
and ninety-fve and every ten years thereafter
and at its first regular session after each
meration made by authority of the United
States, but at no other time the legislature
shall apportion the senators and representa-
tives according to the number of inhabitants,
excluding Indians not taxed soldiers and
officers of the United States army and navy
provided, that the legislature may make an up
mission of Dakota rs state.
SEC. 6. The terms of the Office of the men,
bers OF the legislature shall be two years they
shall receive for their services the sum of five
dollars for each days attendance during the
session Of the legislature and ten cents for
each mile of necessary travel in going to and
returning from the place of meeting of the leg
lslature on the most usual route.
Each regular session of the legislature shall
not exceed sixty days except in cases of inn
peachment, and members OF the legislature
shall receive no other pay or perquisites except
per diem and mileage.
SEC. Z. The legislature shall meet at the seat
OF government on the first Tuesday after the
first Monday of January at - o'clock NJ in the
year next ensuing the election of members
thereof, and ut no other time except US provided
by this constitution.
SEC. 6. Members of the legislature and the
otficers thereof before they enter upon their
official duties shall tuke or subscribe
the following oath or Affirmation: do
support the constitution OF the
United States and the constitution of the state
ofDakota and will faithfully discharge the du-
tlesof SENATOR representative officer ac-
cordlng to the best of my abilities, and that
nave not knowingly or Intentionally paid or
contributed anything, or made any promise in
the nature OF Il bride to directly or indirectly
influence any vot, ut the election at which /
was chosen to fill said Office and have not &C.
cepted, nor will I accept or receive, directly or
indirectly, any money, pass any other valu-
able thing from any corporation company or
person for uny vote OF influence i may give or
withhold on any bill or resolution or approprin-
ton or any other official net.
. Ihls oath shall be administered by a Judge of
the supreme or circuit court, the presiding
oihesr Of either house, in the hull Of the house
to which the member is elected and the secre-
tary OF state shnll record and file the oath sub
sbribed by each member and officer.
Any member or officer who snail refuse to
take the oath herein subscribed 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
be disqualified thereafter from holding the Of
nee OF senator or member of the house of repre-
sentatlyes or any Office within the gift of the
Legislature
SEC. Q. Each house shall he the Judge of the
election returns and qualifications of its own
members.
A majority of the members of each house
Shall constitute quorum, but smallernulnber
shall adjourn from day to day, ana may compel
the attendance Of absent members in sucn n
manner and under such penalty as each house
may provide.
Each house shall determine the rules of its
proceedings, shall choose its own officers and
employees, and fix the pay thereof except as
otherwise providedin this constitution.
Sec III. The governor shall issue writs of
election TO fill such vacancies us may occur in
either house of the legislature
Sec. H.. Senators aud representatives shall.
IN oil cases except treason, felony or breach of
the pence, be privileged from arrest during the
session OF the legislature, and in going to and
returning from the same; and for words used
IN any speech or debate i'll either house thew
small not be questioned in any other place
SEC. 12. November of the legislature shall
during the term for which he was elected, be
appointed or elected to any civil office in the
state which shall have been created, or the
emouments Of which shall have been increased
during tho term for which he was elected nor
shall amy member receive any civil appoint
ment from the governor the governor and sen.
ate. or from the legislature during the term for
which he shall have been elected and all such
appointments and all votes given for any such
members for any such office or appointment
shall be void; nor shall n member of the
legislature during the time for which he shall
have been elected, OF within one yeer
thereafter. be interested directly or