bers of the as other officers of the assembly an &c. but no payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the legislative assembly shall be entitled Pay of memto receive four dollars each per day, during their attend-sembly. ance at the sessions thereof, and four dollars each for every twenty miles' travel in going to and returning from said sessions, estimated according to the nearest usually travelled route, and an additional allowance of four dollars per day shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one Clerks and assistant clerk, one engrossing and one enrolling clerk, a the assembly. sergeant-at-arms and doorkeeper may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That One session of there shall be but one session of the legislative assembly nually, unless, annually, unless, on an extraordinary occasion, the governor shall think proper to call the legislative assembly together. There shall be appropriated annually the usual Appropriations. sum to be expended by the governor to defray the contingent expenses of the Territory, including the salary of the clerk of the executive department; and there shall also be appropriated annually a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the governor and secretary of the Territory shall, in Disbursement the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semiannually, account to the said Secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects. of moneys. Expenditure. SEC. 12. And be it further enacted, That the legislative, First session of assembly of the Territory of Idaho shall hold its first ses-sembly. sion at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible: Provided, meat of governThat the seat of government fixed by the governor and legislative assembly shall not be at any time changed, except by an act of the said assembly duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question. the House of SEC. 13. And be it further enacted, That a delegate to Delegates to the House of Representatives of the United States, to serve Representatives. for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said House of Representatives; but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of legal votes shall be decided by the governor to be duly elected, and a certificate thereof shall be Constitution given accordingly. That the Constitution and all laws of and laws extend- the United States which are not locally inapplicable shall have the same force and effect within the said Territory of Idaho as elsewhere within the United States. ed over the Ter ritory. Public lands in the Territory. reserved. SEC. 14. And be it further enacted, That when the lands in the said Territory shall be surveyed, under the direction of the government of the United States, preparatory School sections to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the states and territories hereafter to be erected out of the same. Judicial dis ments of judges. SEC. 15. And be it further enacted, That, until otherwise tricts and assign provided by law, the governor of said Territory may define the define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. Officers to give eys to bursement. SEC. 16. And be it further enacted, That all officers to security for mon be appointed by the President of the United States, by and them for dis- with the advice and consent of the Senate, for the Territory of Idaho, who, by virtue of the provisions of any law now existing, or which may be enacted by Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and in such manner as the Secretary of the Treasury may prescribe. Treaties, &c., with Indian SEC. 17. And be it further enacted, That all trieties, laws, tribes, to be faith- and other engagements made by the Government of the fully observed. United States with the Indian tribes inhabiting the Territory embraced within the provisions of this act, shall be. faithfully and rigidly observed, anything contained in this act to the contrary notwithstanding; and that the existing superintenden agencies and superintendencies of said Indians be continued Agencies and with the same powers and duties which are now prescribed cies continued. by law, except that the President of the United States may, at his discretion, change the location of the office of said, Location may agencies or superintendents. APPROVED, March 3, 1863. be changed. TERRITORY OF MONTANA. Act of May 26, 1864; 13 Stats., 85–92. May 26, 1864. Montana estab lished. Boundaries. CHAP. XCV.-An Act to provide a temporary Government for the Territory of Montana. Be it enacted by the Senate and House of Representatives Territory of of the United States of America in Congress assembled, That all that part of the territory of the United States included within the limits, to wit: Commencing at a point formed by the intersection of the twenty-seventh degree of longitude west from Washington with the forty-fifth degree of north latitude; thence due west on said forty-fifth degree of latitude to a point formed by its intersection with the thirty-fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of longitude to its intersection with the forty-fourth degree and thirty minutes of north latitude; thence due west along said forty-fourth degree and thirty minutes of north latitude to a point formed by its intersection with the crest of the Rocky Mountains; thence following the crest of the Rocky Mountains northward till its intersection with the Bitter Root Mountains; thence northward along the crest of said Bitter Root Mountains to its intersection with the thirty-ninth degree of longitude west from Washington; thence along said thirty-ninth degree of longitude northward to the boundary line of the British possessions; thence eastward along said boundary line to the twentyseventh degree of longitude west from Washington; thence southward along said twenty-seventh degree of longitude to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the TerTerritory may ritory of Montana: Provided, That nothing in this act conbe divided, boun-tained shall be construed to inhibit the government of the daries changed, United States from dividing said territory or changing its &c. boundaries in such manner and at such time as congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of Rights of In- the United States: Provided, further, That nothing in this dians preserved. act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said territory so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribes, is not, without the consent of said tribe, to be in cluded within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Montana, until said tribe shall signify their assent to the President of the United States to be included within said territory, or to affect the authority of the government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make if this act had never passed. of office, power, SEC. 2. And be it further enacted, That the executive Executive. power and authority in and over said Territory of Montana shall be vested in a governor, who shall hold his office Governor, term for four years, and until his successor shall be appointed &c.; and qualified, unless sooner removed by the President of the United States. The governor shall reside within said territory, and shall be commander-in-chief of the militia and superintendent of Indian affairs thereof. He may to be superingrant pardons and respites for offences against the laws of dian affairs. said territory, and reprieve for offences against the laws of the United States until the decision of the President of the United States can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed. tendent of In Secretary, residence, powers, SEC. 3. And be it further enacted, That there shall be a secretary of said territory, who shall reside therein and and duties. hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the president of the senate and to the speaker of the house of representatives, for the use of congress. And in case of the death, removal, secretary, resignation, or absence of the governor from the territory, when to act as the secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy, governor. power. Assembly. SEC. 4. And be it further enacted, That the legislative Legislative power and authority of said territory shall be vested in a governor and a legislative assembly. The legislative as sembly shall consist of a council and house of representatives. The council shall consist of seven members, having Council, numthe qualifications of voters, as hereinafter prescribed, cation of memwhose term of service shall continue two years. The bers, and term, ber and qualifi &c. |