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the consent of said tribe, to be included within the territorial
ernment to make if this act had never passed.
and authority in and over said Territory of Kansas, shall be vested
executed. Secretary, duty,
SEO. 21. And be it further enacted, That there shall be a
SEO. 22. And be it further enacted, That the legislative
power and authority of said Territory shall be vested in the Govo Legislative power ernor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first session, consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increaso of qualified voters; Provided, That the whole number shall never exceed Proviso. thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its qualified voters, as nearly as may be. And the members of the Council and House of Representatives sball reside in, and be inhabitants of, the district, or county or counties, for which they may be elected, respectively. Previous to the first election, the Governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory, to be taken by such persons, and in such mode as the Governor shall designate and appoint; and the person so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the Governor shall appoint and direct; and he shall, at the same time, declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. sons having the highest number of legal votes in each of said council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said House ; Provided, That in case two or more Proviso. persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Governor shall order a new election; and the persons thus elected to the Legislative Assembly, shall meet at such place and on such day as the Governor shall appoint; but thereafter, the time, place and manner of holding and con
Qualifications of voters.
ducting all elections by the people, and the apportioning the rep-
SEC. 23. And be it further enacted, That every free white
an actual resident of said Territory, and shall possess the qualifi-
subsequent elections, shall be such as shall be prescribed by the Proviso.
Legislative Assembly; Provided, That the right of suffrage and
of being on service therein. Powers, &o.
Sec. 24. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this Act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the
lands or other property of residents. Every bill which shall have Governor'i veto.
passed the Council and House of Representatives of the said Ter-
trict and county
shall not hold office, &c.
votes of both Houses shall be determined by yeas and nays, to be entered on the Journal of each House, respectively. If any bill shall not be returned by the Governor within three days — Sundays excepted - after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly, by adjournment, prevent its return, in which case it shall not be a law.
SEO. 25. And be it further enacted, That all township, dis- Township, district and county officers, not herein otherwise provided for, shall pointers. Low apbe appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Kansas. The Governor shall nominate, and by and with the advice and consent of the Legislative Council, appoint all officers not herein otherwise provided for; and in the first instance the Governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the Legislative Assembly; and shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers.
SEC. 26. And be it further enacted, That no member of the Members of the Legislative Assembly shall hold, or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term, but this restriction shall not be applicable to members of the first Legislative Assembly; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory.
SEC. 27. And be it further enacted, That the judicial power Judiciary. of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts and in Justices of the Peace. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory, annually, and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a District Court shall be held in each of said districts by one of the justices of the Supreme Court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the district which shall be as
signed them. The jurisdiction of the several courts herein
law; but in no case removed to the Supreme Cofirt, shall trial
justices thereof, shall appoint its own clerk, and every clerk shall
of habeas corpus, involving the question of personal freedom ; Proviso, Provided, That nothing herein contained shall be construed to
apply to or effect the provisions of the “Act respecting fugitives