DAKOTA. 



267 



tf e forty-sixth parallel of latitude, has at present a 

 population of more then 250,000 people, which, at its 

 ut rate of increase, will in another twelve months 

 number over 300^000 people, which is more than double 

 the population of any State heretofore admitted into the 

 Union out of the Territories, and more than that of 

 seven of the original States at the time of their admis- 

 sion ; and 



Whereas, The said part of the said Territory covers 

 an area of 80,000 square miles, which is larger than 

 that contained in any State in the Union except seven ; 

 and 



Whereas, The last Legislature of this Territory, 

 wisely acceding to and representing the general and 

 earnest wish of the people thereof, did enact a law 

 convening a constitutional convention at the Capitol 

 of the Territory in October next, for the purpose of 

 framincr a Constitution and State government for that 

 part of" Dakota south of the forty-sixth parallel, and 

 for forming all other tilings essential to the admission 

 of such part of Dakota into the Union of States ; and 



Whereas, The said act of the Legislature was pre- 

 vented from becoming a law by the Territorial Execu- 

 tive declining to approve the same or return it to the 

 Legislature with, his objections, thus depriving that 

 body from taking further action relating thereto ; 

 therefore be it 



fiesolved and ordained by the people of Dakota, 

 through their delegates in convention assembled : 



SECTION 1. That for the purpose of enabling the 

 people of that part of Dakota south of the forty-sixth 

 parallel to organize and form a State government, and 

 make application for admission into the Union of the 

 States, a delegate convention is hereby called to meet 

 on Tuesday, Sept. 4, A. D. 1883, at 12 o'clock merid- 

 ian, for the purpose of framing a State Constitution, 

 republican in form, and doing and performing all other 

 things essential to the preparation of the Territory for 

 making application to the General Government for the 

 admission of such part of Dakota into the Union of 

 the States. 



An address to the people in favor of the 

 convention was issued, and Sioux Falls was 

 fixed upon for the place of meeting. The dele- 

 gates were duly elected, and the convention 

 met on the 4th of September, and finished its 

 labors on the 19th. Important features of the 

 Constitution framed by it are the follow- 

 ing: 



The name shall be the State of Dakota ; the bound- 

 aries begin where the forty-sixth degree of north lati- 

 tude intersects the western boundary -line of the State 

 of Minnesota, thence south to Nebraska, thence west 

 along the northern boundary of that State and to the 

 twenty-seventh degree of west bngitude, thence north 

 to the forty-sixth parallel, and east to the place of be- 

 ginning ; the seat of government shall be and remain 

 at Yankton until removed by law. 



The right of trial by jury shall remain inviolate, 

 and extend to all cases at law without regard to the 

 anjount in controversy ; but a jury trial may be waived 

 by parties in all civil cases, and in all criminal cases 

 less than felony. No religious tests or amount of 

 property shall ever be required as a qualification for 

 any office of trust under the State, and no person shall 

 be rendered incompetent to give evidence in any court 

 of law or equity in consequence of his opinions on the 

 subject of religion, nor shall any money be drawn from 

 the Treasury for the benefit of religious societies or 

 theological seminaries ; no ex post jacto law, nor law 

 impairing the obligation of contracts, or retrospective 

 in its operations, or making any irrevocable grant of 

 special privileges, franchises, or immunities shall ever 

 be passed by the Legislature ; no law or duty shall be 

 imposed without the consent of the people or their 

 representatives in the Legislature, and all taxation 

 shall be equal and uniform ; no law shall be passed 

 granting to any citizen or class of citizens privileges or 



immunities which, upon the same terms, shall not 

 equally belong to all citizens. 



The number of members of the House of Eepresent- 

 atives shall never be less than fifty-five nor more than 

 eighty, and the number of Senators less than twenty- 

 five nor more than thirty-two. The sessions of the 

 Legislature shall be biennial. The terms of members 

 of the Legislature shall be two years, and their salary 

 three dollars a day, and ten cents mileage each way ; 

 they shall receive pay for no more than forty days at 

 one session, except in proceedings for impeachment, 

 and they shall receive no other perquisites. The 

 Legislature shall meet at the seat of government on 

 the first Tuesday after the first Monday of January. 

 No bill except appropriation bills shall be passed con- 

 taining more than one subject. The Legislature shall 

 not authorize any games of chance, lottery, or of gift 

 enterprise under any pretense, or for any purpose 

 whatever. The Legislature shall never grant any ex- 

 tra compensation to any public officer, agent, servant, 

 or contractor after the services shall have been ren- 

 dered or the contract entered into ; nor shall the com- 

 pensation of any public officer be increased or dimin- 

 ished during his term of office. The Legislature shall 

 not pass any local or special law authorizing the crea- 

 tion, repairing, or extension of liens, granting divorces, 

 changing names of persons or places, laying out or 

 opening highways, vacating grounds, providing for 

 tne election of municipal officers, exempting property 

 from taxation, granting to any private corporation, as- 

 sociation, or individual any special or exclusive privi- 

 leges, immunities, or franchises whatever. No act 

 shall take effect until ninety days after the adjourn- 

 ment of the session at which it passed, unless in case 

 of emergency. 



The Supreme Court shall consist of three judges, to 

 be chosen from districts by qualified electors at large. 

 After five years the number of supreme judges may 

 be increased to five, and their terms shall be four 

 years. In case of re-election, it shall be eight years, 

 and the third successor's term shall be twelve years. 



The right to divert and appropriate the unappro- 

 priated waters of any natural stream in the State to 

 beneficial uses shall never be denied. Priority of 

 appropriation shall give the better right to the extent 

 to which such waters shall be used, or intended in 

 good faith to be used, for such beneficial purposes. 

 Vested and accrued water rights shall be recognized 

 and protected ; provided that nothing in this article 

 contained shall change the rule of riparian ownership 

 in that portion of the State east of the Missouri river 

 All persons and corporations shall have the exclusive 

 right of way across public and private corporate 

 lands, for the construction of ditches, canals, and 

 flumes for the purpose of conveying water for do- 

 mestic purposes, for the irrigation of agricultural 

 lands, and for mining, milling, and manufacturing 

 purposes, and for drainage, upon payment of just 

 compensation. 



All railroads, canals, and other transportation com- 



,nies, are declared to be common carriers, and sub- 

 ect to legislative control. Every stockholder shall 



ve the right to vote in person or by proxy the 

 number of shares of stock owned by him for as' many 

 persons as there are directors or managers to be 

 elected, or to cumulate said shares and give one 

 candidate as many votes as the number of directors 

 multiplied by the number of his shares of stock shall 

 equal, or to distribute them on the same principle 

 among the many candidates as he shall see fit. This 

 Constitution shall be submitted, at the election to be 

 held on the Tuesday next after the first Monday in 

 November, A. D. 1883, to the electors qualified by 

 this Constitution to vote at all elections. 



On the 12th of September a convention of 

 delegates from the northern portion of the 

 Territory assembled at Fargo and passed reso- 

 lutions protesting against the action of the 

 convention held at Sioux Falls. 



pani 



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