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 1899-90 -one volume. The auditor's current warrant register-one volume. 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 of South 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 expenses 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. § 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 appropriate the sum of twenty-five thousand dollars ($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. § 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 reason at the time of the adjournment of this convention. § 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. § 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 government. § 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. Done at Bismarck, Dakota, in open convention, this 17th day of August, A. D. 1889. F. B. FANCHER, President. JOHN G. HAMILTON, Chief Clerk. AMENDMENTS TO CONSTITUTION. ARTICLE I. The legislative assembly shall have no power to authorize lotteries or gift enterprises for any purpose and shall pass laws to prohibit the sale of lottery or gift enterprise tickets. ARTICLE II. § 121. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state one year and in the county six months, and in the precinct ninety days next preceding any election, shall be a qualified elector at such election. First-Citizens of the United States. Second-Civilized persons of Indian descent, who shall have severed their tribal relations two years next preceding such election. § 127. No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any elec tion; nor any person convicted of treason or felony unless restored to civil rights; and the legislature shall by law establish an educational test as a qualification, and may prescribe penalties for failing, neglecting or refusing to vote at any general election. ARTICLE III. § 76. The governor shall have power in conjunction with the board of pardons, of which the governor shall be exofficio a member and the other members of which shall consist of the attorney general of the State of North Dakota, the chief justice of the supreme court of the state of North Dakota and two qualified electors who shall be appointed by the governor to remti fines and forfeitures, to grant reprieves, commutations and pardons after conviction for all offenses except treason and cases of impeachment; but the legislative assembly may by law regulate the manner in which the remission of fines, pardons, commutations and reprieves may be applied for. Upon conviction of treason the governor shall have the power to suspend the execution of sentence until the case shall be reported to the legislative assembly at its next regular session, when the legislative assembly shall either pardon or commute the sentence, direct the execution of the sentence or grant further reprieve. The governor shall communicate to the legislative assembly at each regular session each case of remission of fine, reprieve, commutation or pardon granted by the board of pardons, stating the name of the convict, the crime for which he is convicted, the sentence and its date and the date of remission, commutation, pardon or reprieve, with their reasons for granting the same. ARTICLE IV. com state § 179. All property, except as hereinafter in this section provided, shall be assessed in the county, city, township, village or district in which it is situated, in the manner prescribed by law. The franchise, roadway, roadbed, rails and rolling stock of all railroads, and the franchise and all other property of all express companies, freight line companies, car equipment companies, sleeping car companies, dining car companies, telegraph or telephone panies, or corporations operated in this state and used directly or idirectly in the carrying of persons, or messages shall be assessed by the board of equalization at their actual value, and such assessed value shall be apportioned to the counties, cities, towns, villages, townships and districts in which such railroad companies, express companies, sleeping car companies, dining car companies, telegraph and telephone companies are located, or through which they are operated, as a basis for the taxation of such property, in proportion to the number of miles of such property, within such counties, cities, towns, villages, townships and districts, or over which any part of such property is used or operated within such counties, towns, villages, townships and districts. should any railroad allow any portion of its roadway to be used for any purpose other than the operation of a railroad thereon, such portion of its roadway, while so used, shall be assessed in the manner provided for the assessment of other real property. ARTICLE V. Subdivision 5 of section 215. But Fifth. The school for the deaf and dumb of North Dakota, at the City of Devils Lake, in the County of Ramsey. ARTICLE VI. Subdivision 8, of section 215. Eighth. A state hospital for the insane at the City of Jamestown, in the County of Stutsman. And the legislative assembly shall appropriate twenty thousand acres of the grant of lands made by the act of congress aforesaid for. "other educational and charitable institutions," to the benefit and for the endowment of said institution, and there shall be located at or near the City of Grafton, in the County of Walsh, an institution for the feeble minded, on the grounds purchased by the secretary of the interior for a penitentiary building. ARTICLE VII. Addenda to section 176: The legislative assembly may further provide that grain grown within the state and held therein in elevators, warehouses and granaries may be taxed at a fixed rate. ARTICLE VIII. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school corporations or of counties, or of townships, or of municipalities within the state, bonds issued for the construction of drains under authority of law within the state, bonds of the United States, bonds of the State of North Dakota, bonds of other states; provided, such states have never repudiated any of their indebtedness, or on first mortgages on farm lands in this state, not exceeding in amount, one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisal of school lands. ARTICLE IX. § 158. Minimum Price of State Lands. No lands shall be sold for less than the appraised value and in no case for less than ten dollars per acre. The purchaser shall pay onefifth of the price in cash, and the remaining four-fifths as follows: One-fifth in five years, one-fifth in ten years, onefifth in fifteen years and one-fifth in twenty years, with interest at the rate of not less than six per centum, payable annually in advance. All sales shall be held at the county seat of the county in which the land to be sold is situate, and shall be at public auction and to the highest bidder, after |