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school, one hundred thousand acres; for state normal schools, To Washing:

ton, for main. one hundred thousand acres; for public buildings at the state tenance of

normal capital, in addition to the grant hereinbefore made for that

schools, etc. purpose, one hundred thousand acres; for state charitable, educational, penal and reformatory institutions, two hundred thou. sand acres. That the states provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act. And the lands granted by this section shall be held, appropriated and disposed of ex. clusively for the purposes herein mentioned, in such manner as the legislatures of the respective states may severally provide.

Grants do not Sec. 18. That all mineral lands shall be exempted from the

apply to mingrants made by this act. But if sections sixteen and thirty-six eral lands. or any subdivisions or portion of any smallest subdivision thereof in any township shall be found by the department of the interior to be mineral lands, said states are hereby authorized and

Lieu school empowered to select, in legal subdivisions, an equal quantity of lands. other unappropriated lands in said states, in lieu thereof, for the use and benefit of the common schools of said states.

Granted lands Sec. 19. That all lands granted in quantity or as indemnity

how selected. by this act shall be selected, under the direction of the secretary of the interior, for the surveyed, unreserved and unappropriated public lands of the United States within the limits of the respective states entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said states the number of acres in each heretofore donated by congress to said territories for similar objects.

Sec. 20. That the sum of twenty thousand dollars, or so much Expenses of thereof as may be necessary, is hereby appropriated, out of any conventions. money in the treasury not otherwise appropriated, to each of said territories for defraying the expenses of the said conventions except to Dakota, for which the sum of forty thousand dollars is so appropriated, twenty thousand dollars each for South Dakota and North Dakota, and for the payment of the members thereof, under the same rules and regulations and at the same rates are now provided by law for the payment of the territorial legislatures. Any money hereby appropriated not necessary for such purpose shall be converted into the treasury of the United States.

Sec. 21. That each of said states, when admitted as aforesaid, U. S. circuit shall constitute one judicial district, the names thereof to be courts, officers

and compensathe same as the names of the states, respectively; and the circuit tion of officers and district courts therefore shall be held at the capital of such for. state for the time being, and each of said districts shall, for judicial purposes, until otherwise provided, be attached to the eighin judicial circuit, except Washington and Montana, which shall be attached to the ninth judicial circuit. There shall be ap


pointed for each of said districts one district judge, one United
States attorney, and one United States marshal. The judge of
each of said districts shall receive a yearly salary of three thous-
and five hundred dollars, payable in four equal installments,
on the first day of January, April, July. and October of each
year, and shall reside in the district. There shall be appointed
clerks of said courts in each district, who shall keep their offices
at the capital of said state. The regular terms of said courts
shall be held in each district, the place aforesaid, on the first
Monday in April and the first Monday in November
each year, and only one grand jury and one petit jury
shall be summoned in both said circuit and district
courts. The circuit and district courts for each of said
districts, and the judges thereof, respectively, shall possess the
same powers and jurisdiction, and perform the same duties
required to be performed by the other circuit and district courts
and judges of the United States, and shall be governed by the
same laws and regulations. The marshal, district attorney and
clerks of the circuit and district courts, of each of said districts,
and all other officers and persons performing duties in the ad-
ministration of justice therein, shall severally possess the powers
and perform the duties lawfully possessed and required to be
performed by similar officers in other districts of the United
States; and shall, for the services they may perform, receive
the fees and compensation allowed by law to other similar offi-
cers and persons performing similar duties in the State of Ne.

Sec. 22. That all cases of appeal or writ of error heretofore Courts, and

prosecuted and now pending in the supreme court of the United proceedings in. States upon any record from either of said courts, may be heard

and determined by the supreme court of the United States. And the mandate of execution or of further proceedings shall be directed by the supreme court of the United States to the circuit or district court hereby established within the state succeeding the territory from which such record is or may be pending, or to the supreme court of such state, as the nature of the case may require: Provided: That the mandate of execution or of further proceedings shall, in cases arising in the Territory of Dakota, be directed by the supreme court of the United States to the circuit or district court of the district of South Dakota, or to the supreme court of the State of South Dakota, or to the circuit or district court of the district of North Dakota, or to the supreme court of the State of North Dakota, or to the supreme court of the Territory of North Dakota, as the nature of the case may require. And each of the circuit, district and state courts, herein named, shall, respectively, be the successor of the supreme court of the territory, as to all such cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne of final process therein; and that from all judg. ments and decrees of the supreme court of either of the terri. tories mentioned in this act, in any case arising within the limits of any of the proposed states prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the supreme court of the United States as they shall have had by law prior to the admission of said state into the Union.

Courts, and Sec. 23. That in respect to all cases, proceedings and matters

proceedings now pending in the supreme or district courts of either of the in. territories mentioned in this act, at the time of the admission into the Union of either of the states mentioned in this act, and arising within the limits of any such state, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said territory; and in respect to all other cases, proceedings and matters pending in the supreme and district courts of any of the territories mentioned in this act at the time of admission of such territory into the Union, arising within the limits of said proposed state, the courts established by such state shall, respectively, be the cessor of said supreme and district territorial courts; and all the files, records, indictments, and proceedings relating to such cases, shall be transferred to such circuit, district and state courts, respectively, and the same shall be proceeded with therein in due course of law; but no writ, action, indictment, cause or proceeding now pending, or that, prior to the admission of any of the states mentioned in this act, shall be pending in any territorial court in any of the territories mentioned in this act, shall abate by the admission of any such state into the Union, but the same shall be transferred and proceeded with in the proper United States circuit, district or state court, as the case may be: Provided, however, That in all civil actions, causes, and proceedings, in which the United States is not a party, transfer shall not be made to the circuit and district courts of the United States, except upon written request of one of the parties to such action or proceeding filed in the proper court; and in the absence of such request such cases shall be proceeded with in the proper state courts. Sec. 24. That the constitutional conventions may, by ordi- Election of

state officers. nance, provide for the election of officers for full state governments, including members of the legislature and representatives

State govern. in the fifty-first congress; but said state governments shall re-ment to re

main in abey. main in abeyance until the state shall be admitted into the ance until

state is ad Union, respectively, as provided in this act. In case the consti


Election of
U. S. senators. tution of any of the said proposed states shall be ratified by

the people, but not otherwise, the legislature thereof may as-
semble, organize and elect two senators of the United States;
and the governor and secretary of state of such proposed state
shall certify the election of the senators and representatives in
the manner required by law; and when such state is admitted
into the Union, the senators and representatives shall be en-
titled to be admitted to seats in congress, and to all the rights
and privileges of senators and representatives of other states
in the congress of the United States; and the officers of the state
governments formed in pursuance of said constitutions, as pro-
vided by the constitutional conventions, shall proceed to exer-
cise all the functions of such state officers; and all laws in force
made by said territories at the time of their admission into the
Union, shall be in force in said state, except as modified or
changed by this act or by the constitutions of the states, re-

Sec. 25. That all acts or parts of acts in conflict with the provisions of this act, whether passed by the legislatures of said territories of by congress, are hereby repealed.

Approved February 22, 1889.




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ARTICLE I.-DECLARATION OF RIGHTS. Section 1. All political power is inherent in the people, Political and governments derive their just powers from the consent of power. the governed, and are established to protect and maintain individual rights. Sec. 2. The Constitution of the United States is the su

Supreme law. preme law of the land.

Sec. 3. No person shall be deprived of life, liberty or prop. Right of trial. erty without due process of law.

Sec. 4. The right of petition, and of the people peaceably Right of petito assemble for the common good, shall never be abridged.

Sec. 5. Every person may freely speak, write and publish guaranteed. on all subjects, being responsible for the abuse of that right.

Oaths, how adSec. 6. The mode of administering an oath, or affirmation, ministered. shall be such as may be consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Private affairs Sec. 7. No person shall be disturbed in his private affairs,

sacred. or his home invaded, without authority of law.

Sec. d. No law granting irrevocably any privilege, franchise or immunity shall be passed by the legislature. Sec. 9. No person shall be compelled in any criminal case Immunity

from self to give evidence against himself, or be twice put in jeopardy conviction. for the same offense.

Sec. 10. Justice in all cases shall be administered openly, and without unnecessary delay.

Religious Sec. 11. Absolute freedom of conscience in all matters of liberty. religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion, but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any relig

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