All the elections above provided for shall be held in the same manner I form as provided for the election for the adoption or rejection of the stitution. And the names of all the officers above specified to be voted for such election shall be written or printed upon the same ballots as the vote or against the constitution.

The judges of election in counting the ballots voted at such election shall nt all the affirmative ballots upon the constitution as votes for the conution; and they shall count all the negative ballots voted at said election on the constitution as votes against the constitution; and ballots voted at d election upon which neither of said words "Yes" or "No" following the rds "For the Constitution" are erased, shall not be counted upon such proption. And they shall count all affirmative ballots so voted upon the article prohibition, separately submitted, as votes for such article, and they shall mt all negative ballots so voted upon such article as votes against such icle; and ballots upon which neither the words "Yes" or "No" following words "For Prohibition" are erased, shall not be counted upon such proption; and they shall count all the affirmative ballots so voted upon the ticle on minority representation, separately submitted, as votes for such icle. And they shall count all negative ballots so voted upon such article votes against such article; and ballots upon which neither of said words es" or "No" following the words "For Minority Representation" are erased, ill not be counted upon such proposition.

If it shall appear in accordance with the returns hereinafter provided , that a majority of the votes polled at such election, for and against the stitution, are for the constitution, then this constitution shall be the contution of the State of South Dakota. If it shall appear, according to the urns hereinafter provided for, that a majority of all votes cast at said etion for and against "Prohibition" are for prohibition then said Article KIV shall be and form a part of this constitution, and be in full force and ect as such from date of said election, but if a majority of said votes all 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 jority of all votes cast at said election for and against "Minority Reprentation" are for minority representation, then Article XXV shall be and rm a part of said constitution, and be in full force and effect as such from e date of said election; but if a majority of said votes shall appear, accordg 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 led at such election, who shall receive the highest number of votes cast at id election, shall be declared elected to said office.

SEC. 6. At the same time and places of election there shall be held by id qualified electors an election for the place of the temporary seat of govnment.

On each ballot, and on the same ballot on which are the matters voted r 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 - place, to be voted for).

And upon the canvass and return of the vote, made as hereinafter proded for, the name of the city, town or place which shall have received the rgest number of votes for said temporary seat of government, shall be deared by the governor, chief justice and secretary of the Territory of Dakota, r by any two of them, at the same time that they shall canvass the vote for r 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 he result of said election shall have been ascertained, issue a proclamation irecting the legislature elected at said election to assemble at said city, town r place so selected, on the day fixed by this schedule and ordinance.

SEC. 7. The election provided for herein shall be under the provisions f the constitution herewith submitted, and shall be conducted in all respects

as elections are conducted under the general laws of the Territory of Dakot.. 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 tre 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 s the votes duly cast at such election, and shall certify and return the rest 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 th constitution, and the number of votes cast for and against prohibition, an 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 if 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 cour canvassers provided by law for the canvassing of the results of the electio shall make and certify to the secretary of the territory of Dakota the tre and correct return of the total number of votes cast for the constitution, a against the constitution, of the number of votes cast for and against "pd bition," and the number of votes cast for and against "minority representa tion," and the number of votes cast for each city, town or place as the te porary seat of government," and of the number of votes cast for each pers 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 Dakot by mail, and shall file with the county clerk or auditor of each of said count>< 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 1 legislature, and for state senator or senators.

SEC. 10. When two or more counties are connected in one senatorial # 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 sen 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 audites shall immediately make out a certificate of election to the person having th highest number of votes in such district for state senator or representatio or both; which certificate shall be delivered to the person entitled thereto ($ 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, a after they have been canvassed as hereinafter provided, and after the admi 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 territory with the governor and chief justice thereof, or any two of them, shall cantas such returns and certify the same to the president of the United States, as provided in the enabling act.

They shall also ascertain the total number of votes cast at such election for the constitution and against the constitution; the total number of votes cast for and against prohibition; and the total number of votes cast for and against minority representation; and the total number of votes cast for exc city, town or place as the "temporary seat of government;" and the tete number of votes cast for each person voted for, for any office at said election excepting county judges and members of the legislature, and shall declar the result of said election in conformity with such vote, and the governor ef the territory shall thereupon issue a proclamation at once thereof.

hey shall also make and transmit to the state legislature, immediately its organization, a list of all the state and judicial officers who shall be ascertained to be duly elected.

he various county and district canvassing boards shall make and trans> the secretary of the territory the names of all persons declared by to be elected members of the senate and house of representatives of ate of South Dakota; he shall make separate lists of the senators and entatives so elected, which list shall constitute the rolls under which enate and house of representatives shall be organized.

he governor of the territory shall make and issue certificates of eleco the persons who are shown by the canvass to have received the highest er of votes for governor, lieutenant governor, secretary of state, audireasurer, attorney-general, superintendent of public instruction, commisof school and public lands and judges of the supreme and circuit 3. Such certificates to be attested by the secretary of the territory. EC. 12. The apportionment made in this constitution shall govern the ons above provided for for members of the state legislature, until otherprovided by law.

t the first election held under this ordinance for senators and repretives of the legislature, there shall be elected forty-five senators and one red and twenty-four representatives in the state legislature respectively. EC. 13. The legislature elected under the provisions of this ordinance constitution shall assemble at the temporary seat of government on the Tuesday in October, in the year A. D. 1889, at 12 o'clock noon, and e 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 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 path of office by the state officers, the legislature shall then and there ed to the election of two senators of the United States for the State of Dakota, in the mode and manner provided by the laws of Congress for lection of United States Senators. And the governor and the secretary e 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 e 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 ature 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 djourn as above provided. Nor to authorize an officer of the executive, nistrative or judiciary departments to exercise any duties of his office the State of South Dakota shall have been regularly admitted into the n, excepting such as may be authorized by the Congress of the United

es.

SEC. 17. The Ordinances and Schedule enacted by this Convention shall be 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 propon account of his or her mode of religious worship.

Second: That we, the people inhabiting the State of South Dakota, do e 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 Le 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 jur 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, shil never be taxed at a higher rate than the lands belonging to residents of tan State. That no taxes shall be imposed by the State of South Dakota on zia or property therein belonging to or which may hereafter be purchased the United States, or reserved for its use. But nothing herein shall precu the State of South Dakota from taxing as other lands are taxed any ad owned or held by any Indian who has severed his tribal relation and ba obtained from the United States, or from any person a title thereto by pete or other grant save and except such lands as have been, or may be gran to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation, all such lands which a have been exempted by any grant or law of the United States, shall rend exempt to the extent, and as prescribed by such act of Congress.

Third That the State of South Dakota shall assume and pay that p tion of the debts and liabilities of the Territory of Dakota as provided this Constitution.

Fourth: That provision shall be made for the establishment and L tenance of systems of public schools, which shall be open to all the chilera of this State, and free from sectarian control.

Fifth: That jurisdiction is ceded to the United States over the mil reservations of Fort Meade, Fort Randall and Fort Sully, heretofore dec by the President of the United States; Provided legal process, civil and cra inal, of this state shall extend over such reservations in all cases of whi exclusive jurisdiction is not vested in the United States, or of crimes 24 committed within the limits of such reservation.

These ordinances shall be irrevocable without the consent of the C States, and also the people of the said State of South Dakota, expressed their Legislative Assembly.

SEC. 19. The tenure of all officers, whose election is provided for in schedule, on the first day of October, A. D. 1889, shall be as follows:

The governor, lieutenant governor, secretary of state, auditor, treasu attorney general, superintendent of public instruction, commissioner of sch and public lands, judges of county courts, shall hold their respective offs until the first Tuesday, after the first Monday, in January, A. D. 1891. twelve o'clock M., and until their successors are elected and qualified.

The judges of the supreme court and circuit courts, shall hold thef offices until the first Tuesday, after the first Monday, in January, A. D. 15% 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 st election held under the provisions of this constitution, shall expire on first Tuesday, after the first Monday, in January, one thousand eight hundi and ninety-one (1891).

SEC. 20. That the first general election under the provisions of 24 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.

CONSTITUTIONAL TICKET.

INSTRUCTIONS TO VOTERS.

for any of the

All persons desiring to vote for the constitution, or articles submitted to a separate vote, may erase the word "No."

All persons who desire to vote against the constitution, or any art: *** separately submitted may erase the word "Yes."

For the Constitution: Yes, No.

SEC. 22. This constitution shall be enrolled and after adoption and signing the convention shall be delivered to Hon. A. J. Edgerton, the president of the stitutional convention, for safe keeping, and by him to be delivered to the retary of state as soon as he assumes the duties of his office, and printed ies thereof shall be prefixed to the books containing the laws of the state all future editions thereof.

The president of this convention shall also supervise the making of the y that must be sent to the president of the United States; said copy is be certified by the president and chief clerk of this convention.

SEC. 23. "The agreement made by the joint commission of the constional conventions of North and South Dakota concerning the records, books | archives of the Territory of Dakota is hereby ratified and confirmed, which eement is in the words following: That is to say:"

The following books, records and archives of the Territory of Dakota 11 be the property of North Dakota, towit:

All records, books and archives in the offices of the governor and secrey of the territory (except records of articles of incorporation of domestic porations, returns of election of delegates to the constitutional convention 1889, for South Dakota, returns of elections held under the so-called local ion law in counties within the limits of South Dakota, bonds of notaries olic appointed for counties within the limits of South Dakota, papers relatto the organization of counties situate within the limits of South Dakota, of which records and archives are a part of the records and archives of d secretary's office; excepting also census returns from counties situate thin the limits of South Dakota and papers relating to requisitions issued on the application of officers of counties situate within the limits of South