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SCHEDULE AND ORDINANCE.
SECTION 1. That no inconvenience may arise from the change of the territorial government to the permanent state government, it is hereby declared that all writs, actions, prosecutions, claims and rights of individuals, and all bodies corporate, shall continue as if no change had taken place in this government; and all process which may be before the organization of the judicial department under this constitution, issued under the authority of the Territory of Dakota, within the boundary of this state, shall be as valid as if 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, shall accrue to the use of said state.
SEC. 3. That all recognizances, bonds, obligations or other undertakings. heretofore taken, or which may be taken before the organization of the jud cial department under this constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of the State of South Dakota: and all bonds, obligations or undertakings, executed to this territory, within the boundaries of the State of South Dakota, or to any officer in his official capacity, shall pass over to the proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly.
All criminal prosecutions and penal actions, which have arisen, or whic may arise before the organization of the judicial department under this 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 ap pointments in this territory under the authority of the United States, ot under the authority of the Territory of Dakota, shall continue to hold aw exercise their respective offices and appointments until superseded under täis constitution; Provided, that the provisions of the above sections shall be subject to the provisions of the act of congress providing for the admission of the State of South Dakota, approved by the president of the United States on February 22, 1889.
SEC. 5. This constitution shall be submitted for adoption or rejection t a vote of the electors qualified by the laws of this territory to vote at al elections, at the election to be held on Tuesday, Oct. 1, 1889.
At the said election the ballots shall be in the following form:
For prohibition: Yes. No.
For minority representation:
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 article submitted to a separate vote, must erase the word "No."
All persons who desire to vote against the constitution, or against any article submitted separately, must erase the word "Yes."
Any person may have printed or written on his ballot only the words "For the Constitution," or "Against the Constitution," and such ballot shai be counted for or against the Constitution accordingly. The same provision shall apply to articles submitted separately.
In addition to the foregoing election for the constitution and for the arti cles submitted by this convention for a separate vote thereon, an election shi 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 provided for votes on the constitution and separate articles, to-wit:
A governor, lieutenant governor, secretary of state, auditor, treasurer. attorney general, superintendent of public instruction, commissioner of sche and public lands, judges of the supreme, circuit and county courts, repre sentatives in congress, state senators, and representatives in the legislature
All the elections above provided for shall be held in the same manner nd form as provided for the election for the adoption or rejection of the onstitution. And the names of all the officers above specified to be voted for t such election shall be written or printed upon the same ballots as the vote ›r or against the constitution.
The judges of election in counting the ballots voted at such election shall unt all the affirmative ballots upon the constitution as votes for the conitution; and they shall count all the negative ballots voted at said election pon the constitution as votes against the constitution; and ballots voted at id election upon which neither of said words "Yes" or "No" following the ords "For the Constitution" are erased, shall not be counted upon such propsition. And they shall count all affirmative ballots so voted upon the article i prohibition, separately submitted, as votes for such article, and they shall unt all negative ballots so voted upon such article as votes against such rticle; and ballots upon which neither the words "Yes" or "No" following e words "For Prohibition" are erased, shall not be counted upon such propsition; and they shall count all the affirmative ballots so voted upon the rticle on minority representation, separately submitted, as votes for such rticle. And they shall count all negative ballots so voted upon such article s votes against such article; and ballots upon which neither of said words Yes" or "No" following the words "For Minority Representation" are erased, all not be counted upon such proposition.
If it shall appear in accordance with the returns hereinafter provided ›r, that a majority of the votes polled at such election, for and against the nstitution, are for the constitution, then this constitution shall be the conitution of the State of South Dakota. If it shall appear, according to the turns hereinafter provided for, that a majority of all votes cast at said ection for and against "Prohibition" are for prohibition then said Article XIV shall be and form a part of this constitution, and be in full force and ffect as such from date of said election, but if a majority of said votes hall appear, according to said returns to be against prohibition then Article XIV shall be null and void and shall not be a part of this constitution. nd if it appear, according to the returns hereinafter provided for, that a ajority of all votes cast at said election for and against "Minority Repreentation" are for minority representation, then Article XXV shall be and orm a part of said constitution, and be in full force and effect as such from he date of said election; but if a majority of said votes shall appear, accordng to said returns, to be against minority representation, then said Article XV shall be null and void and shall not be a part of this constitution.
At such election the person voted for, for any one of the offices to be lled at such election, who shall receive the highest number of votes cast at aid election, shall be declared elected to said office.
SEC. 6. At the same time and places of election there shall be held by aid qualified electors an election for the place of the temporary seat of govrnment.
On each ballot, and on the same ballot on which are the matters voted or or against, as hereinbefore provided, shall be written or printed the words For Temporary Seat of Government." (Here insert the name of the city, town r place, to be voted for).
And upon the canvass and return of the vote, made as hereinafter proided for, the name of the city, town or place which shall have received the argest number of votes for said temporary seat of government, shall be delared by the governor, chief justice and secretary of the Territory of Dakota, or by any two of them, at the same time that they shall canvass the vote for or against the constitution, together with the whole number of votes cast for ach city, town or place, and the officers above named, shall immediately after the result of said election shall have been ascertained, issue a proclamation lirecting the legislature elected at said election to assemble at said city, town or place so selected, on the day fixed by this schedule and ordinance.
SEC. 7. The election provided for herein shall be under the provisions of the constitution herewith submitted, and shall be conducted in all respects
as elections are conducted under the general laws of the Territory of Dakota. except as herein provided. No mere technicalities or informalities in the manner or form of election, or neglect of any officer to perform his duty with regard thereto, shall be deemed to vitiate or avoid the same, it being the true intent and object of this ordinance to ascertain and give effect to the true will of the people of the State of South Dakota, as expressed by their votes at the polls.
SEC. 8. Immediately after the election herein provided for, the judges of election at each voting place shall make a true and complete count of all the votes duly cast at such election, and shall certify and return the result of the same, with the names of all the candidates and the number of votes cast for each candidate, and the number of votes cast for and against the constitution, and the number of votes cast for and against prohibition, and the number of votes cast for and against minority representation, and the number of votes cast for each city, town or place for the "temporary seat of government." to the county clerk, or auditor of the respective counties, together with one of the poll lists and election books used in said election.
SEC. 9. Within five days after said election the several boards of county canvassers provided by law for the canvassing of the results of the election. shall make and certify to the secretary of the territory of Dakota the true and correct return of the total number of votes cast for the constitution, and against the constitution, of the number of votes cast for and against “probibition," and the number of votes cast for and against "minority representation." and the number of votes cast for each city, town or place as the temporary seat of government," and of the number of votes cast for each person voted for at such election, except county officers and members of the legis lature, and shall transmit the same to the secretary of the territory of Dakots by mail, and shall file with the county clerk or auditor of each of said counties a duplicate and certified copy of said return.
Said board of county canvassers shall issue certificates of election to the persons who shall have received the highest number of votes cast for the respective offices of judge of the county court, and representatives in the i legislature, and for state senator or senators.
SEC. 10. When two or more counties are connected in one senatorial of representative district, it shall be the duty of the clerks and auditors of the respective counties to attend at the office of the county clerk of the senior county in the date of organization within twenty days after the date of ele tion, and they shall compare the votes given in the several counties compris ing such senatorial and representative district and such clerks or auditers shall immediately make out a certificate of election to the person having ti highest number of votes in such district for state senator or representative or both; which certificate shall be delivered to the person entitled thereto of his application to the clerk of the senior county of such district.
SEC. 11. The secretary of the territory shall receive all returns of ele tion transmitted to him as above provided, and shall preserve the same, an after they have been canvassed as hereinafter provided, and after the admis sion of the state of South Dakota into the Union, he shall deliver said retur to the proper state officer of said state of South Dakota.
Within fifteen days after said election the secretary of the territor with the governor and chief justice thereof, or any two of them, shall canvis such returns and certify the same to the president of the United States. iprovided in the enabling act.
They shall also ascertain the total number of votes cast at such electi for the constitution and against the constitution; the total number of votes cast for am against prohibition; and the total number of votes cast for an against minority representation; and the total number of votes cast for ex city, town or place as the "temporary seat of government;" and the tet number of votes cast for each person voted for, for any office at said elect.. excepting county judges and members of the legislature, and shall decr the result of said election in conformity with such vote, and the governor the territory shall thereupon issue a proclamation at once thereof.
They shall also make and transmit to the state legislature, immediately 1 its organization, a list of all the state and judicial officers who shall be ascertained to be duly elected.
The various county and district canvassing boards shall make and transto the secretary of the territory the names of all persons declared by 1 to be elected members of the senate and house of representatives of state of South Dakota; he shall make separate lists of the senators and esentatives so elected, which list shall constitute the rolls under which senate and house of representatives shall be organized.
The governor of the territory shall make and issue certificates of electo the persons who are shown by the canvass to have received the highest ber of votes for governor, lieutenant governor, secretary of state, auditreasurer, attorney-general, superintendent of public instruction, commiser of school and public lands and judges of the supreme and circuit Such certificates to be attested by the secretary of the territory. SEC. 12. The apportionment made in this constitution shall govern the ions above provided for for members of the state legislature, until otherprovided by law.
At the first election held under this ordinance for senators and repreatives of the legislature, there shall be elected forty-five senators and one ired and twenty-four representatives in the state legislature respectively. SEC. 13. The legislature elected under the provisions of this ordinance constitution shall assemble at the temporary seat of government on the d Tuesday in October, in the year A. D. 1889, at 12 o'clock noon, and he first day of their assemblage the governor and other state officers shall the oath of office in the presence of the legislature. The oath of office I be administered to the members of the legislature and to the state offby the chief justice of the territory, or by any other officer duly authorby the laws of the territory of Dakota to administer oaths. SEC. 14. Immediately after the organization of the legislature and taking oath of office by the state officers, the legislature shall then and there reed to the election of two senators of the United States for the State of th Dakota, in the mode and manner provided by the laws of Congress for election of United States Senators. And the governor and the secretary he state of South Dakota shall certify the election of the said senators two representatives in Congress, in the manner required by law. SEC. 15. Immediately after the election of the United States senators as re provided for, said legislature shall adjourn to meet at the temporary of government on the first Tuesday after the first Monday of January, ), at 12 o'clock M.; Provided, however, that if the State of South Dakota not been admitted by proclamation or otherwise at said date, then said slature shall convene within ten days after the date of the admission of state into the Union.
SEC. 16. Nothing in this constitution or schedule contained shall be coned to authorize the legislature to exercise any powers except such as are ssary to its first organization, and to elect United States senators, and adjourn as above provided. Nor to authorize an officer of the executive. inistrative or judiciary departments to exercise any duties of his office il the State of South Dakota shall have been regularly admitted into the on, excepting such as may be authorized by the Congress of the United tes.
SEC. 17. The Ordinances and Schedule enacted by this Convention shall be 1 to be valid for all the purposes thereof.
SEC. 18. That we, the people of the State of South Dakota, do ordain: First: That perfect toleration of religious sentiment shall be secured. that no inhabitant of this State shall ever be molested in person or prop7 on account of his or her mode of religious worship.
Second: That we, the people inhabiting the State of South Dakota, do ee and declare, that we forever disclaim all right and title to the unappriated public lands lying within the boundaries of South Dakota; and to lands lying within said limits owned or held by any Indian or Indian
tribes, and that until the title thereto shall have been extinguished by the United States the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute juris diction and control of the Congress of the United States; that the lands be longing to citizens of the United States residing without the said State, sha never be taxed at a higher rate than the lands belonging to residents of this State. That no taxes shall be imposed by the State of South Dakota on lands or property therein belonging to or which may hereafter be purchased b the United States, or reserved for its use. But nothing herein shall preclude the State of South Dakota from taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal relation and has obtained from the United States, or from any person a title thereto by paten or other grant save and except such lands as have been, or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation, all such lands which may have been exempted by any grant or law of the United States, shall remain exempt to the extent, and as prescribed by such act of Congress.
Third: That the State of South Dakota shall assume and pay that por tion of the debts and liabilities of the Territory of Dakota as provided in this Constitution.
Fourth: That provision shall be made for the establishment and mai tenance of systems of public schools, which shall be open to all the children of this State, and free from sectarian control.
Fifth: That jurisdiction is ceded to the United States over the military reservations of Fort Meade, Fort Randall and Fort Sully, heretofore declared by the President of the United States; Provided legal process, civil and crim inal, of this state shall extend over such reservations in all cases of while exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of such reservation.
These ordinances shall be irrevocable without the consent of the Unitei States, and also the people of the said State of South Dakota, expressed by their Legislative Assembly.
SEC. 19. The tenure of all officers, whose election is provided for in th schedule, on the first day of October, A. D. 1889, shall be as follows:
The governor, lieutenant governor, secretary of state, auditor, treasurer attorney general, superintendent of public instruction, commissioner of sch®. and public lands, judges of county courts, shall hold their respective offe until the first Tuesday, after the first Monday, in January, A. D. 1891, a twelve o'clock M., and until their successors are elected and qualified.
The judges of the supreme court and circuit courts, shall hold the offices until the first Tuesday, after the first Monday, in January, A. D. 18. at twelve o'clock M., and until their successors are elected and qualified; sub ject to the provisions of Sec. 26 of Article V of the constitution.
The terms of office of the members of the legislature, elected at the tr election held under the provisions of this constitution, shall expire on the first Tuesday, after the first Monday, in January, one thousand eight hundr and ninety-one (1891).
SEC. 20. That the first general election under the provisions of constitution, shall be held on the first Tuesday, after the first Monday, November, 1890, and every two years thereafter.
SEC. 21. The following form of ballot is adopted.
INSTRUCTIONS TO VOTERS.
All persons desiring to vote for the constitution, or for any of t articles submitted to a separate vote, may erase the word "No."
All persons who desire to vote against the constitution, or any artides separately submitted may erase the word "Yes."
For the Constitution: Yes, No.