of persons, or in any manner whatever to fix the prices, limit the production or regulate the transportation of any product or commodity so as to prevent competition in such prices, production or transportation or to establish excessive prices therefor. The Legislature shall pass laws for the enforcement of this section by adequate penalties and in the case of incorporated companies, if necessary for that purpose may, as a penalty, declare a forfeiture of their franchises.20 ARTICLE XVIII. BANKING AND CURRENCY. SECTION 1. If a general banking law shall be enacted it shall provide for the registry and countersigning by an officer of this state of all bills or paper credit designed to circulate as money, and require security to the full amou thereof, to be deposited with the State Treasurer, in the approved securities of the State or of the United States, to be rated at ten per centum below that par value, and in case of their depreciation the deficiency shall be made good by depositing additional securities. SEC. 2. Every bank, banking company or corporation shall be require to cease all banking operations within twenty years from the time of organization, and promptly thereafter close its business, but shall have porate capacity to sue or be sued until its business is fully closed, but the Legislature may provide by general law for the reorganization of such banks SEC. 3. The shareholders or stockholders of any banking corporation sh be held individually responsible and liable for all contracts, debts and engaışments of such corporation to the extent of the amount of their stock there at the par value thereof, in addition to the amount invested in such share or stock; and such individual liability shall continue for one year after at transfer or sale of stock by any stockholder or stockholders. ARTICLE XIX. CONGRESSIONAL AND LEGISLATIVE APPORTION MENT. SECTION 1. Until otherwise provided by law, the members of the Hone of Representatives of the United States, apportioned to this state, shall elected by the state at large.21 SEC. 2. Until otherwise provided by law, the Senatorial and Represent tive districts shall be formed, and the Senators and Representatives shall apportioned as follows:22 ARTICLE XX. SEAT OF GOVERNMENT. SECTION 1. The question of the location of the temporary seat of gover ment shall be submitted to a vote of the electors of the proposed State South Dakota in the same manner and at the same election at which thes Constitution shall be submitted, and the place receiving the highest num of votes shall be the temporary seat of government until a permanent seat f government shall be established as hereinafter provided. SEC. 2. The legislature at its first session after the admission of the state, shall provide for the submission of the question of a place for a peras nent seat of government to the qualified yoters of the state at the next s eral election thereafter, and that place which receives a majority of all the votes cast upon that question shall be the permanent seat of government.23 20 Section 20 is a new section; it was proposed by the legislature of 1895 and als ratified at the election of November 3, 1896. 21 By Chapter 16, Acts 1911, the state is now divided into three congress: * districts. The original apportionment of senators and representatives is now obseu? The present apportionment is fixed by Chapter 17, Acts of 1911, as amende? ^Chapter 17, Acts of 1913; the election of 1918 will be made under the provisions Chapter 292, Acts of 1917. 23 The question of the location of a permanent seat of government was submitt to the voters at the election of November 4, 1890, and Pierre was selected: the in was as follows: Pierre, 41,876; Huron, 34,252; scattering, 50. EC. 3. Should no place voted for at said election have a majority of all cast upon this question, the governor shall issue his proclamation for an on to be held in the same manner at the next general election to choose en the two places having received the highest number of votes cast at rst election on this question. This election shall be conducted in the manner as the first election for the permanent seat of government, and lace receiving the majority of all votes cast upon this question shall be ermanent seat of government. ARTICLE XXI. MISCELLANEOUS. ECTION 1. Seal and Coat of Arms.] The design of the great seal of à Dakota shall be as follows: A circle within which shall appear in the oreground a smelting furnace and other features of mining work. In eft background a range of hills. In the right foreground a farmer at his In the right background a herd of cattle and a field of corn. Between wo parts thus described shall appear a river bearing a steamboat. Propdivided between the upper and lower edges of the circle shall appear egend, “Under God the People Rule," which shall be the motto of the of South Dakota. Exterior to this circle and within a circumscribed shall appear, in the upper part, the words, "State of South Dakota," e lower part the words. "Great Seal," and the date in Arabic numerals e year in which the State shall be admitted to the Union. COMPENSATION OF PUBLIC OFFICERS. SEC. 2. The Governor shall receive an annual salary of two thousand five red dollars; the Judges of the Supreme Court shall each receive an ansalary of two thousand five hundred dollars; the Judges of the Circuit I shall each receive an annual salary of two thousand dollars; Provided, the Legislature may, after the year one thousand eight hundred and y, increase the annual salary of the Governor and each of the Judges of Supreme Court to three thousand dollars, and the annual salary of each e Circuit Court Judges to two thousand five hundred dollars. The Secreof State, State Treasurer and State Auditor shall each receive an annual y of one thousand eight hundred dollars; the Commissioner of School 'ublic Lands shall receive an annual salary of one thousand eight hundred 's; the Superintendent of Public Instruction shall receive an annual salary e thousand eight hundred dollars; the Attorney General shall receive an il salary of one thousand dollars; the compensation of the Lieutenant nor shall be double the compensation of the State Senator. They shall e no fees or perquisites whatever for the performance of any duties cted with their offices. It shall not be competent for the Legislature crease the salaries of the officers named in this article except as herein ded. EC. 3. Oath of Office.] Every person elected or appointed to any office is state, except such inferior offices as may be by law exempted, shall, e entering upon the duties thereof, take an oath or affirmation to supthe Constitution of the United States and of this State, and faithfully scharge the duties of his office. EC. 4. Exemptions.] The right of the debtor to enjoy the comforts and saries of life shall be recognized by wholesome laws exempting from 1 sale a homestead, the value of which shall be limited and defined by to all heads of families, and a reasonable amount of personal property, ind and value of which to be fixed by general laws. EC. 5. Rights of Married Women.] The real and personal property of woman in this state, acquired before marriage, and all property to which nay after marriage become in any manner rightfully entitled, shall be eparate property, and shall not be liable for the debts of her husband. SEC. 6. The drainage of agricultural lands is hereby declared to be a purpose and the Legislature may provide therefor, and may provide for the organization of drainage districts for the drainage of lands for) public use, and may vest the corporate authorities thereof, and the corporate authorities of counties, townships and municipalities, with power to constru levees, drains and ditches, and to keep in repair all drains, ditches and leven heretofore constructed under the laws of this state, by special assesstecały upon the property benefited thereby, according to benefits received,24 SEC. 7. The irrigation of agricultural lands is hereby declared to be a/ public purpose and the legislature may provide for the organization of gation districts for the irrigation of land, and may vest the corporate antle ities thereof and the corporate authorities of counties, townships and munk palities with the power to construct, operate and maintain irrigation dam reservoirs, canals, flumes, ditches and laterals, and to keep in repair all i gation dams, reservoirs, canals, flumes, ditches and laterals heretofore structed, under the laws of the state, by special assessments upon the proce benefited thereby according to the benefits received.25 ARTICLE XXII. COMPACT WITH THE UNITED STATES. The following article shall be irrevocable without the consent of the T States and the people of the State of South Dakota expressed by their L lative Assembly: First, That perfect toleration of religious sentiment shall be securel that no inhabitant of this state shall ever be molested in person or pro on account of his or her mode of religous worship. Second, That we, the people inhabiting the State of South Dakota agree and declare that we forever disclaim all right and title to the propriated public lands lying within the boundary of South Dakota, a || all lands lying within said limits owned or held by any Indian or Inf tribes; and that until the title thereto shall have been extinguished by United States, the same shall be and remain subject to the disposition of † United States; and said Indian lands shall remain under the absolute diction and control of the Congress of the United States; that the lands longing to citizens of the United States residing without the said State never be taxed at a higher rate than the lands belonging to residents of State; that no taxes shall be imposed by the State of South Dakota on or property therein belonging to or which may hereafter be purchased United States, or reserved for its use. But nothing herein shall precind State of South Dakota from taxing as other lands are taxed any lands. or held by any Indian who has severed his tribal relation and has obta from the United States, or from any person a title thereto by patent or grant save and except such lands as have been or may be granted tod Indian or Indians under any act of Congress containing a provision exer the lands thus granted from taxation. All such lands which may have exempted by any grant or law of the United States, shall remain exent the extent, and as prescribed by such act of Congress. Third, That the State of South Dakota shall assume and pay that pe of the debts and liabilities of the Territory of Dakota as provided Constitution. Fourth, That provision shall be made for the establishment and re nance of systems of public schools, which shall be open to all the childre this State, and free from sectarian control. ARTICLE XXIII. AMENDMENTS AND REVISIONS OF THE CONSTITUTION, SECTION 1. Any amendment or amendments to this Constitution m proposed in either House of the Legislature, and if the same shall be 24Section 6 is a new section; it was proposed by the legislature of 1905 and ratified at the election of November 6, 1906. Section 7 is a new section; it was proposed by the legislature of 1915 ratified at the election of November 7, 1916. y a majority of the members elected to each of the two houses, such pro1 amendment or amendments shall be entered on their journals, with the and nays taken thereon, and it shall be the duty of the Legislature to it such proposed amendment or amendments to the vote of the people e next general election. And if the people shall approve and ratify such dment or amendments by a majority of the electors voting thereon, such dment or amendments shall become a part of this Constitution; Pro1, that the amendment or amendments so proposed shall be published for riod of twelve weeks previous to the date of said election, in such manner he Legislature may provide; and Provided, further, That if more than amendment be submitted they shall be submitted in such manner that the le may vote for or against such amendments separately. SEC. 2. Whenever two-thirds of the members elected to each branch of Legislature shall think it necessary to call a convention to revise this stitution they shall recommend to the electors to vote at the next election members of the Legislature, for or against a convention; and if a majority ll the electors voting at said election shall have voted for a convention, Legislature shall, at their next session, provide by law for calling the 2. The convention shall consist of as many members as the House of resentatives of the Legislature, and shall be chosen in the same manner, shall meet within three months after their election for the purpose afore ARTICLE XXIV. PROHIBITION. SECTION 1. No person, firm, club, association or corporation within this e, shall, on or after the first day of July, 1917, make, brew, distil or manuure, or aid in making, brewing, distilling or manufacturing, for sale, bartrade. gift or beverage purposes, any spirituous, vinous, malt, brewed, ferted or other intoxicating liquors, or any mixtures or compound which in consists of intoxicating liquors, except as hereinafter provided. No person, firm, club, association or corporation within this state, shall, or after the first day of July, 1917, import or aid in importing into this e for sale, barter, trade, or gift, nor sell or aid in selling, nor offer for , barter, or trade or aid in offering for sale, barter or trade, nor give y or furnish or aid in giving away or furnishing, nor keep for sale, barter, le or gift, or aid in keeping for sale, barter, trade or gift, any spirituous, us, malt, brewed, fermented or other intoxicating liquor or any mixture compound which in part consists of intoxicating liquors, except as hereiner provided. Provided, that nothing in this article contained shall be construed to hibit the compounding, importation, sale or keeping for sale any spirituous, vinous liquors or compounds or mixtures which in part consist of spirits or vinous liquors in this state for medicinal, mechanical, sacramental or -ntific purposes by regularly registered pharmacists, under such regulaas and restrictions as the Legislature may prescribe. SEC. 2. The Legislature shall at its next session after the adoption of » article prescribe regulations for the enforcement of the provisions of this Idle and provide adequate and suitable penalties for the violation thereof.24 [ARTICLE XXV.] [MINORITY REPRESENTATION.]27 26 The original Article XXIV was submitted to the electors on October 1, 1889, anë s ratified as a separate proposition: by an amendment proposed by the legislature 1895 and ratified on November 3, 1896, the entire Article was repealed; the present icle was proposed by the legislature of 1915 and was ratified on November 7, 1916. 27 Article XXV of the constitution was submitted to a separate vote at the time the adoption of the constitution on October 1, 1889, and was rejected by a vote of 161 to 46,200. ARTICLE XXVI. SCHEDULE AND ORDINANCE, SECTION 1. That no inconvenience may arise from the change of the tern torial government to the permanent state government, it is hereby declare that all writs, actions, prosecutions, claims and rights of individuals, and a bodies corporate, shall continue as if no change had taken place in this government; and all process which may be before the organization of tjudicial department under this constitution, issued under the authority of Territory of Dakota, within the boundary of this state, shall be as valid as issued in the name of the State of South Dakota. SEC. 2. That all fines, penalties, forfeitures and escheats accruing to the Territory of Dakota, within the boundary of the State of South Dakota, st accrue to the use of said state. SEC. 3. That all recognizances, bonds, obligations or other undertaki heretofore taken, or which may be taken before the organization of the jo cial department under this constitution, shall remain valid, and shall pe over to, and may be prosecuted in the name of the State of South Dak and all bonds, obligations or undertakings, executed to this territory, with the boundaries of the State of South Dakota, or to any officer in his of capacity, shall pass over to the proper state authority, and to their success in office, for the uses therein respectively expressed, and may be sued for a recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or wi may arise before the organization of the judicial department under this on stitution, and which shall then be pending, may be prosecuted to judgm and executed in the name of the state. SEC. 4. All officers, civil and military, now holding their offices and pointments in this territory under the authority of the United States. under the authority of the Territory of Dakota, shall continue to hold exercise their respective offices and appointments until superseded under t constitution; Provided, that the provisions of the above sections shall subject to the provisions of the act of congress providing for the admiss#| of the State of South Dakota, approved by the president of the United State on February 22, 1889. SEC. 5. This constitution shall be submitted for adoption or rejection a vote of the electors qualified by the laws of this territory to vote at elections, at the election to be held on Tuesday, Oct. 1, 1889. At the said election the ballots shall be in the following form: As a heading to each of said ballots shall be printed on each ballot the following instructions to voters: All persons desiring to vote for the constitution, or for any of the artice submitted to a separate vote, must erase the word "No." All persons who desire to vote against the constitution, or against a article submitted separately, must erase the word "Yes." Any person may have printed or written on his ballot only the word "For the Constitution," or "Against the Constitution," and such ballot sh be counted for or against the Constitution accordingly. The same provis : shall apply to articles submitted separately. In addition to the foregoing election for the constitution and for the ar cles submitted by this convention for a separate vote thereon, an election sh be held at the same time and places, by the said qualified electors, for the following state officers, to be voted for on the same ballot as above providad for votes on the constitution and separate articles, to-wit: A governor, lieutenant governor, secretary of state, auditor, treasure? attorney general, superintendent of public instruction, commissioner of sch and public lands, judges of the supreme, circuit and county courts, resentatives in congress, state senators, and representatives in the legislature |