first Tuesday in October, 1889, of all the State and district officers created and made elective by this Constitution. This Constitution shall be submitted for adoption or rejection at said election to a vote of the electors qualified by the laws of this Territory to vote at all elections. At the election provided for herein the qualified voters shall vote directly for or against this Constitution, and for or against the article separately submitted. Sec. 13. The board of commissioners of the several counties shall thereupon order such election for said day, and shall cause notice thereof to be given for the period of twenty days in the ranner provided by law. Every qualified elector of the Territory, at the date of said election, shall be entitled to vote thereat. Said election shall be conducted in all respects in the same manner as provided by the laws of the territory for general elections, and the returns for all State and district officers, and members of the legislative assembly, shall be made to the canvassing board hereinafter provided for. Sec. 14. The Governor, Secretary and Chief Justice, or a majority of them shall constitute a board of canvassers to canvass the vote of such election for all State and district officers and members of the legislative assembly. The said board shall assemble at the seat of government of the Territory on the fifteenth day after the day of such election (or on the following day if such day fall on Sunday), and proceed to canvass the votes on the adoption of this Constitution and for all State and district officers and members of the legislative assembly in the manner provided by the laws of the Territory for canvassing the vote for delegate to Congress, and they shall issue certificates of election to the persons found to be elected to said offices severally, and shall make and file with the Secretary of the Territory an abstract, certified by them, of the number of votes cast for or against the adoption of the Constitution, and for each person for each of said offices, and of the total number of votes cast in each county. Sec. 15. All qfficers elected at such election shall, within sixty days after the date of the executive proclamation admitting the State of North Dakota into the Union, take the oath required by this Constitution, and give the same bond required by the law of the Territory to be given in case of like officers of the Territory and districts, and shall thereupon enter upon the duties of their respective offices; but the legislative assembly may require by law all such officers to give other or further bonds as a condition of their continuance in office. Sec. 16. The judges of the District Court who shall be elected at the election herein provided for shall hold their offices until the first Monday in January, 1893, and until their successors are elected and qualified. All other State officers, except judges of the Supreme Court, who shall be elected at the election herein provided for, shall hold their offices until the first Monday in January, 1891, and until their successors are elected and qualified. Until otherwise provided by law the judges of the Supreme Court shall receive for their services the salary of $4,000 per annum, payable quarterly; and the district judges shall receive for their services the salary of $3,000 per annum, payable quarterly. Sec. 17. The Governor-elect of the State, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislative assembly of the State at the seat of government, on a day to be named in said proclamation, and which shall not be less than fifteen nor more than forty days after the date of such proclamation. And said legislative assembly, after organizing, shall proceed to elect two Senators of the United States for the State of North Dakota; and at said election the two persons who shall receive a majority of all the votes cast by the said Senators and Representatives shall be elected such United States Senators. And the presiding officers of the Senate and House of Representatives shall each certify the election to the Governor and Secretary of the State of North Dakota; and the Governor and Secretary of State shall certify the elections of such Senators as provided by law. Sec. 18. At the election herein provided for there shall be elected a Representative to the Fifty-first Congress of the United States, by the electors of the State at large. Sec. 19. It is hereby made the duty of the legislative assembly at its first session to provide for the payment of all debts and indebtedness authorized to be incurred by the Constitutional Convention of North Dakota, which shall remain unpaid after the appropriation made by Congress for the same shall have been exhausted. Sec. 20. There shall be submitted at the same election at which this Constitution is submitted for rejection or adoption, Article XX, entitled "Prohibition," and persons who desire to vote for said article shall have written or printed on their ballots "For Prohibition," and all persons desiring to vote against said article shall have written or printed on their ballots "Against Prohibition." If it shall appear according to the returns herein provided for that a majority of all the votes cast at said election for and against prohibition are "For Prohibition," then said Article XX shall be and form a part of this Constitution, and be in full force and effect as such from the date of the admission of this State into the Union. But if a majority of said votes shall appear according to said returns to be "Against Prohibition," then said Article XX shall be null and void, and shall not be a part of this Constitution. Sec. 21. The agreement made by the joint commission of the Constitutional conventions of North Dakota and South Dakota concerning the records, books and archives of the Territory of Dakota, is hereby ratified and confirmed; which agreement is in the words following, that is to say: The following books, records and archives of the Territory of North Dakota, to wit: All records, books and archives in the offices of the Governor and Secretary of the Territory (except records of articles of incorporation of domestic corporations, returns of election of delegates to the Constitutional convention of 1889, for South Dakota, returns of elections held under the so-called local option law in counties within the limits of South Dakota, bonds of notaries public appointed for counties within the limits of South Dakota, papers relating to the organization of counties situate within the limits of South Dakota, all which records and archives are a part of the records and archives of said Secretary's office; excepting, also, census returns from counties situate within the limits of South Dakota and papers relating to requisitions issued upon the application of officers of counties situate within the limits of South Dakota, all which are a part of the records and archives of said Governor's office). And the following records, books and archives shall also be the property of the State of North Dakota, to wit: Vouchers in the office or custody of the Auditor of this Territory relating to expenditures on account of public institutions, grounds or buildings situate within the limits of North Dakota. One warrant register in the office of the Treasurer of this Terri tory, being a record of warrants issued under and by virtue of chapter 24 of the laws enacted by the Eighteenth Legislative Assembly of North Dakota. All letters, receipts and vouchers in the same office now filed by counties and pertaining to counties within the limits of North Dakota. Paid and canceled coupons in the same office representing interest on bonds of North Dakota. All other records, books and archives which it is hereby agreed shall be the property of South Dakota, shall remain at the capitol of North Dakota until demanded by the Legislature of the State of South Dakota, and until the State of North Dakota shall have had a reasonable time after such demand is made to provide copies or abstracts of such portions thereof as the said State of North Dakota may desire to have copies or abstracts of. The State of South Dakota may also provide copies or abstracts of such records, books and archives, which it is agreed shall be the property of North Dakota, as said State of South Dakota shall desire to have copies or abstracts of. The expense of all copies or abstracts of records, books and archives which it is herein agreed may be made, shall be borne equally by said two States. Sec. 22. Should the counties containing lands which form a part of the grant of lands made by Congress to the Northern Pacific Railroad Company be compelled by law to refund moneys paid for such lands or any of them by purchasers thereof at tax sales thereof, based upon taxes illegally levied upon said lands, then and in that case the State of North Dakota shall appropri ate the sum of $25,000, or so much thereof as may be necessary, to reimburse said counties for the amount so received from said illegal tax sales and paid by said counties into the treasury of Dakota Territory, which said State of North Dakota is to assume and pay. Reports of gross earnings of the year 1888 in the same office, made by corporations operating lines of railroad situated wholly or mainly within the limits of North Dakota. Records and papers of the office of the public examiner of the second district of the Territory. Records and papers of the office of the district board of agriculture. Records and papers in the office of the board of pharmacy of the district of North Dakota. All records, books and archives of the Territory of Dakota which it is not herein agreed shall be the property of North Dakota, shall be the property of South Dakota. The following books shall be copied, and the copies shall be the property of North Dakota, and the cost of such copies shall be borne equally by said States of North Dakota and South Dakota. That is to say: Appropriation ledger for years ending November, 1889-90-one volume. The Auditor's current warrant register-one volume. Insurance record for 1889-one volume. Treasurer's cash book, "D." Assessment ledger, "B." Dakota Territory bond register-one volume. The originals of the foregoing volumes which are to be copied shall at any time after such copying shall have been completed be delivered on demand to the proper authorities of the State. Sec. 23. This Constitution shall after its enrollment be signed by the President of this Convention and the chief clerk thereof and such delegates as desire to sign the same, whereupon it shall be deposited in the office of the Secretary of the Territory, where it may be signed at any time by any delegate who shall be prevented from signing the same for any reasons at the time of the adjournment of this convention. Sec. 24. In case the Territorial officers of the Territory of Dakota, or any of them who are now required by law to report to the Governor of the Territory, annually or biennially, shall prepare and publish such reports covering the transactions of their offices up to the time of the admission of the State of North Dakota into the Union, the legislative assembly shall make sufficient appropriations to pay one-half of the cost of such publication. Sec. 25. The Governor and Secretary of the Territory are hereby authorized to make arrangements for the meeting of the first legislative assembly, and the inauguration of the State gov ernment. Sec. 26. The legislative assembly shall provide for the editing, and for the publication, in an independent volume, of this Constitution, as soon as it shall take effect, and whenever it shall be altered or amended, and shall cause to be published in the same volume the Declaration of Independence, the Constitution of the United States and the Enabling Act. |