at Madison, South Dakota, the face aggregate of which is forty-nine thousand four hundred dollars; also, bonds issued on account of school of mines at Rapid City, South Dakota, the face aggregate of which is thirty-three thousand dollars; also, bonds issued on account of the reform school at Plankinton, South Dakota, the face aggregate of which is thirty thousand dollars; also, bonds issued on account of the normal school at Spearfish, South Dakota, the face aggregate of which is twenty-five thousand dollars; also, bonds issued on account of the soldiers' home at Hot Springs, South Dakota, the face aggregate of which is forty-five thousand dollars. 6. The States of North Dakota and South Dakota shall pay one-half each of all liabilities now existing or hereafter and prior to the taking effect of this agreement incurred, except those heretofore and hereafter incurred on account of public institutions, grounds or buildings, except as otherwise herein specifically provided 7. The State of South Dakota shall pay to the State of North Dakota forty-six thousand five hundred dollars on account of the excess of territorial appropriations for the permanent improvement of territorial institutions which under this agreement will go to South Dakota, and in full of the undivided one-half interest of North Dakota in the territorial library, and in full settlement of unbalanced accounts, and of all claims against the Territory, of whatever nature, legal or equitable, arising out of the alleged erroneous or unlawful taxation of the Northern Pacific Railroad ianus, and the payment of said amount shall discharge and exempt the State of South Dakota from all liability for or on account of the several matters hereinbefore referred to; nor shall either state be called upon to pay or answer to any portion of liablity hereafter arising or accruing on account of transactions heretofore had which liability would be a liability of the Territory of Dakota had such territory remained in existence, and which liability shall grow out of matters connected with any public institution; grounds or buildings of the territory situated or located within the boundaries of the other state 8. A final adjustment of accounts shall be made upon the following basis: North Dakota shall be charged with all sums paid on account of the public institutions, grounds or buildings located within its boundaries on account of the current appropriations since March 8th, 1889; and South Dakota shall be charged with all sums paid on account of public institutions, grounds or buildings located within its boundaries on the same account and during the same time Each state shall be charged with one-half of all other expenses of the territorial government during the same time. All moneys paid into the treasury during the period from March 8th, 1889, to the time of taking effect of this Agreement by any county, municipality or person within the limits of the proposed State of North Dakota, shall be credited to the State of North Dakota; and all sums paid into said treasury within the same time by any county, municipality or person within the limits of the proposed State of South Dakota shall be credited to the State of South Dakota; except that any and all taxes on gross earnings paid into said treasury by railroad corporations since the 8th day of March 1889, based upon earnings of years prior to 1888, under and by virtue of the Act of the LegisJative Assembly of the Territory of Dakota, approved March 7th, 1889, and entitled "An Act providing for the levy and collection of taxes upon property of railroad companies in this territory," being Chapter 107 of the Session Laws of 1889 (that is, the part of such sum going to the territory) shall be equally divided between the States of North Dakota and South Dakota; and all taxes heretofore or hereafter paid into the said treasury under and by virtue of the Act last mentioned, based on the gross earnings of the year 1888, shall be distributed as already provided by law, except that so much thereof as goes to the Territorial Treasury shall be divided as follows: North Dakota shall have so much thereof as shall be or has been paid by railroads within the limits of the proposed State of North Dakota and South Dakota so much thereof as shall be cr has been paid by railroads within the limits of the proposed State of South Dakota; Each state shall be credited also with all balances of appropriations made by the Seventeenth Legislative Assembly of the Territory of Dakota for the account of public institutions, grounds or buildings situated within its limits, remaining unexpended on March 8th, 1889. If there be any indebtedness except the indebtedness represented by the bonds and refunding warrants herein before mentioned, each state shall at the time of such final adjustment of accounts, assume its share of said indebtedness as determined by the amount paid on account of the public institutions, grounds or buildings of such state in excess of the receipts from counties, municipalities, railroad corporations or persons within the limits of said state as provided in this Article; and if there should be a surplus at the time of such final adjustment, each state shall be entitled to the amounts received from counties, municipalities, railroad corporations or persons within its limits over and above the amount charged to it. § 7. And the State of South Dakota hereby obligates itself to pay such part of the debts and liabilities of the Territory of Dakota as is declared by the foregoing Agreement to be its proportion thereof, the same as if such proportion had been originally created by said State of South Dakota as its own debt or liability. § 8. The Territorial Treasurer is hereby authorized and empowered to issue refunding bonds to the amount of $107,500.00, bearing interest not to exceed the rate of four per cent, per annum, for the purpose of refunding the following described indebtedness of the Territory of Dakota, to-wit: $77,500.00 5 per cent bonds, date May 1st, 1883, issued for the construction of the West Wing of the Insane Hospital at Yankton and $30,000.00, 6 per cent bonds dated May 1st, 1883, issued for permanent improvements Dakota Penitentiary, at Sioux Falls, such refunding bonds, if issued, to run for not more than twenty years, and shall be executed by the governor and treasurer of the Territory, and shall be attested by the secretary under the great seal of the Territory. In case such bonds are issued by the Territorial Treasurer as hereinbefore set forth, before the first day of October, 1889, then upon the admission of South Dakota as a state it shall assume and pay said bonds in lieu of the aforesaid Territoral indebtedness. ARTICLE XIV. STATE INSTITUTIONS. § 1. The charitable and penal institutions of the State of South Dakota shall consist of a penitentiary, insane hospital, a school for the deaf and dumb, a school for the blind and a reform school. § 2. The state institutions provided for in the preceding section shall be under the control of the State Board of Charities and Corrections, under such rules and restrictions as the legislature shall provide; such board to consist of not to exceed five members, to be appointed by the governor and confirmed by the senate, and whose compensation shall be fixed by law. MEMBERS-TERMS OF OFFICE-APPOINTMENT-VACANCY. 1. Since Const. Art. 14, § 2, creating the board of charities and corrections, to be appointed by the governor, the Laws 1890, Chap. 5, § § 1, 3, prescribing the number and qualifications of the members of the board,, and fixing their term of office, contain no authority for holding over, the office of each member becomes vacant at the expiration of his term unless his successor has been appointed. 2. Since Const. Art. 14, § 2, creating the board of charities and cor rections, to be appointed by the governor, and Laws 1890, Chap. 5, § § 1, 3, prescribing the number and qualifications of members of the board, and fixing their term of office, contain on provision for filling vacancies the governor has power to fill vacancies by appointment for the full unexpired term, under the authority conferred on him by Const. Art. 4, § 8 State ex rel. Lavin et al, v. Bacon et al, 14 S. D. 284. 85 N. W. 225. See also 85 N. W. 605 same title. STATUTORY PROVISIONS. Const. Art. 14, § 2, is not violated by Laws 1903, p. 94, c. 86, creating a new board, of three members, to take the place of the old board, of five, with a proviso that nothing in the act shall operate to legislate out of office any member of the old board. Thomas et al. v. State, 17, S. D.. 579. 97 N. W. 1011. § 3. The State University, the agricultural college, the normai schoo ̊3 and all other educational institutions that may be sustained either wholly or in part by the State shall be under the control of a board of five members appointed by the Governor and confirmed by the Senate under such rules and restrictions as the legislature shall provide The legislature may increase the number of members to nine NOTE-This section (3) was submitted as an amendment to Constitution, Article 14. 3. by the legislature in 1895, and at the general election In 1896, was adopted by the following vote: 31.061 for, and 11.690 against. REGENTS TENURE OF OFFICE-VACANCY-APPOINTMENT. 1. There being no provision for their holding over, the term of regents is absolutely fixed at six years, and at its expiration, unless a successor has been appointed, the office becomes vacant. 2. Laws 1890, Chap. 6, Sec. 1, enacted to carry into effect the provision of the Constitution respecting regents of education, having failed to provide for the future appointment of regents, or for the filling of vacancies in the board, and having so fixed the terms of its members that they expire in even numbered years, when the senate is not in session, vacancies caused by the expirations of such terms are to be filled by the governor, under the general provisions of Const. Art. 4, Sec. 8. State ex rel. Wood v. Sheldon. 8 S. D.. 525. 67 N. W. 613. § 4. The regents shall appoint a board of five members for each institution under their control, to be designated the board of trustees They shall hold office for five years, one member retiring annually. The trustees of each institution shall appoint the faculty of the same, and shall provide for the current management of the institution, but all appointments and removals must have the approval of the regents to be valid. The trustees of the several institutions shall receive no compensation for their services, but they shall be reimbursed for all expenses incurred in the discharge of their duties, upon presenting an itemized account of the same to the proper officer. Each board of trustees at its first meeting shall decide by lot the order in which its members shall retire from office. NOTE Constitution Article 14. § 4. was stricken from the Constitution. by an amendment submitted by the legislature in 1895, and was adopted by the popular vote at the general election in 1896 : 31.061 for, and 11.690 against. OFFICE AND OFFICER TRUSTEE OF STATE AGRICULTURAL COLLEGE-REMOVAL STATE OFFICER DEFINED. 1. Where an officer is appointed for a definite term, subject to removal for specified causes, he can be so removed only after notice to him of the cause assigned, and an opportunity given him to defend. 2. A trustee of the state agricultural college appointed by the board of regents of education, as provided by section 4, Art. 14, cf the Constitution, is not a "state officer," within the meaning of section 3, Art. 16. State ex rel. Hitchcock v. Howitt et al., Board of Regents of Education. D., 187. 52 N. W. 875. § 5. 3 S. The legislature shall provide that the science of mining and metallurgy be taught in at least one institution of learning under the patronage of the state. ARTICLE XV. § 1. The militia of the State of South Dakota shall consist of all able bodied male persons residing in the state, between the ages of eighteen and forty-five years, except such persons as now are, or hereafter may be, exempted by the laws of the United States or of this state. § 2. The Legislature shall provide by law for the enrollment, uniforming, equipment and discipline of the militia and the establishment of volunteer and such other organizations or both, as may be deemed necessary for the protection of the state, the preservation of order and the efficiency and good of the service. § 3. The legislature in providing for the organization of the militia shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States. § 4. All militia officers shall be commissioned by the governor, and may hold their commissions for such period of time as the legislature may provide, subject to removal by the governor for cause, to be first ascertained by a courtmartial pursuant to law. § 5. The militia shall in cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at muster and elections, and in going to and returning from the same. § 6. All military records, banners and relics of the state, except when in lawful use, shall be preserved in the office of the adjutant general as an enduring memorial of the patriotism and valor of South Dakota; and it shall be the duty of the Legislature to provide by law for the safe keeping of the same. § 7. No person having conscientious scruples against bearing arms shall be compelled to do military duty in time of peace. ARTICLE XVI. IMPEACHMENT AND REMOVAL FROM OFFICE. § 1. The House of Representatives shall have the sole power of impeachment. The concurrence of a majority of all members elected shall be necessary to an impeachment. § 2. All impeachments shall be tried by the senate. When sitting for that purpose the Senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. When the governor or lieutenant governor is on trial the presiding judge of the supreme court shall preside. § 3. The governor and other state and judicial officers, except County Judges, Justices of the Peace and Police Magistrates shall be liable to impeachment for drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under the state. The person accused whether convicted or acquitted shall nevertheless be liable to indictment, trial, judgment and punishment according to law. INSURANCE COMMISSIONER-REMOVAL. Laws 1897, Chap. 69, § 5, authorizing the governor at his pleasure to remove the insurance commissioner from his office created by said chapter, is not repugnant to Const. Art. 16, §§ 3, 4, since these sections apply only to the officers named in the Constitution. State ex rel. Avres v. Kinn. 10 S. D.. 495. 74 N. W. 440. § 4. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance or crime or misdemeanor in office, or for drunkenness or gross incompetency, in such manner as may be provided by law. 1. Chapter 124, Laws 1887, being section 117 et seq., Comp. Laws, and known as the "Public Examiners' Act," providing that upon the filing of a report of his examination, as required by said law, with the governor, he, the governor, "may cause the results of such examination to be published or at his discretion, to take such action for the public security as the exigency may demand; and if he should deem the public interests to require, he may suspend any such officer from further performance of duty until an examination be had, or such security obtained as may be demanded for the prompt protection of the public funds," was not intended to, and does not, authorize the governor to remove from office any officer so made the subject of the examiner's report. 2. Even if such law were originally intended to authorize the governor to so remove from office at his discretion, the law in that respect and to that extent is inconsistent with, and therefore abrogated by, section 4, Art. 16, of the state Consitution. Fuller, J., dissenting. State ex rel. Holmes, State's Atty., v. Shannon. 7 S. D., 319. 64 N. W. 175. SAME. The Constitution, section 4, art. 16, having specified the causes for which such trustee may be removed, section 5, c. 6, Laws 1890, authorizing the board of regents to remove trustees for "sufficient cause," must be understood to mean by "sufficient cause" one or more of the causes so enumerated in the constitutional provision referred to. State ex rel. Hitchcock v. Hewitt et al, 3 S. D., 187. 52 N. W. 875. § 5. No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal. § 6. On trial of an impeachment against the governor the lieutenant governor shall not act as a member of the court. § 7. No person shall be tried on impeachment before he shall have been served with a copy thereof at least twenty days previous to the day set for trial § 8. No person shall be liable to impeachment twice for the same offense. ARTICLE XVII CORPORATIONS. § 1. No corporation shall be created or have its charter extended, changed or amended by special laws except those for charitable, educational penal or reformatory purposes, which are to be and remain under the patronage and control of the state; but the legislature shall provide, by general laws for the organization of all corporations hereafter to be created. § 2. All existing charters, or grants of special of exclusive privileges under which a bona fide organization shall not have taken place and business been commenced in good faith at the time this constitution takes effect, shall thereafter have no validity. § 3. The legislature shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same nor pass any other general or special law for the benefit of such corporation; except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. § 4. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the Legislature from taking the property and franchises of incorporated companies and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the state. § 5. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer. § 6. No foreign corporation shall do any business in this state without |