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 of moneys. also be appropriated annually a sufficient sum, to be ex- Annual appropended by the secretary of the territory, and upon an priations to be 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 the disbursement of all moneys intrusted to them, Disbursements be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall semi-annually account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expend Expenditures iture shall be made by said legislative assembly for objects assembly. not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects. by the legislative assembly. SEC. 12. And be it further enacted, That the legislative First session of assembly of the Territory of Montana shall hold its first session 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 a place as they may deem eligible: Provided, That the seat of government fixed by the governor Seat of governand 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. ment. SEC. 13. And be it further enacted, That a delegate to the Delegate in house of representatives of the United States, to serve for congress. 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 time and places, and manner of holding the elections, shall be prescribed by law. The person having the greatest num- Plurality of ber of legal votes shall be declared by the governor to be votes to elect. duly elected, and a certificate thereof shall be given accordingly. That the constitution and all laws of the United Constitution States, which are not locally inapplicable, shall have the United States to same force and effect within the said Territory of Mon- be in force. tana as elsewhere within the United States. and laws of the SEC. 14. And be it further enacted, That when the lands School lands S. Doc. 148- -12* tricts. in the said territory shall be surveyed under the direction of the government of the United States, preparatory 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- SEC. 15. And be it further enacted, That, until otherwise provided by law, the governor of said territory may 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. Disbursing officers to give security. Treaties with Indians to be observed. SEC. 16. And be it further enacted, That all officers to be appointed by the President of the United States, by and with the advice and consent of the Senate, for the Territory of Montana, 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. SEC. 17. And be it further enacted, That all treaties, laws, and other engagements made by the government of the 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 Agencies and this act to the contrary notwithstanding; and that the excies to be con- isting agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of said agencies or superintendents. superintenden tinued. Portion of Ter ritory of Idaho kota. SEC. 18. And be it further enacted, That, until congress made part of Da-shall otherwise direct, all that part of the Territory of Idaho included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirty-third degree of longitude west from Washington with the forty-first degree of north latitude; thence along said thirty-third degree of longitude to the crest of the Rocky Mountains; thence northward along the said crest of the Rocky Mountains to its intersection with the fortyfourth degree and thirty minutes of north latitude; thence eastward along said forty-fourth degree thirty minutes north latitude to the thirty-fourth degree of longitude west from Washington; thence northward along said thirtyfourth degree of longitude to its intersection with the fortyfifth degree north latitude; thence eastward along said forty fifth degree of north latitude to its intersection with the twenty-seventh degree of longitude west from Washington; thence south along said twenty-seventh degree of longitude west from Washington to the forty-first degree north latitude; thence west along said forty-first degree of latitude to the place of beginning, shall be, and is hereby, incorporated temporarily into and made part of the Territory of Dakota. APPROVED, May 26, 1864. TERRITORY OF WYOMING. Act of July 25, 1868; 15 Stats., 178. July 25, 1868. CHAP. CCXXXV.-An Act to provide a temporary Government for the Territory of Wyoming. Wyoming organ ized. 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 United States described as follows: Boundaries. Commencing at the intersection of the twenty-seventh meridian of longitude west from Washington with the forty-fifth degree of north latitude, and running thence west to the thirty-fourth meridian of west longitude, thence south to the forty-first degree of north latitude, thence east to the twenty-seventh meridian of west longitude, and thence north to the place of beginning, be, and the same is hereby, organized into a temporary government by the Indian rights name of the Territory of Wyoming: Provided, That nothing in this act 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 Territory may Indians: Provided, further, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such time as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State. not affected. be divided. Executive. SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of WyoGovernor, ming shall be vested in a governor, who shall hold his office term of office; for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States with the advice and consent of the Sen residence, du- ate. ties, and pay. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect, unless the same shall pass by a two-thirds vote as provided in section six of this act; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. dence, term of SEC. 3. And be it further enacted, That there shall be a Secretary, resisecretary of said Territory, who shall reside therein and office, duties. hold his office for four years, unless sooner removed by the President of the United States, with the consent of the Senate; he shall record and preserve all the laws and the proceedings of the legislative assembly hereinafter constituted, and all acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings on or before the first day of December in each year to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate for the use of Congress; and in case of the death, removal, resignation, or other necessary absence of the governor from the Territory, the secretary shall have, 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 appointed to fill such vacancy. ment. and SEC. 4. And be it further enacted, That the legislative Legislative aspower and authority of said Territory shall be vested in sembly. the governor and legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, Number, term which may be increased to thirteen, having the qualifica-qualifications of tions of voters as hereinafter prescribed, whose term of members of service shall continue two years. The house of repre- house. sentatives shall consist of thirteen members, which may be increased to twenty-seven, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. An appor- Apportiontionment shall be made by the governor as nearly equal as practicable among the several counties or districts for the election of the council and house of representatives, giving to each section of the Territory representation in the ratio of their population, (excepting Indians not taxed), as nearly as may be, and the members of the council and Members of house of representatives shall reside in and be inhabitants house to be resiof the districts for which they may be elected, respectively. Previous to the first election the governor shall cause a census or enumeration of the inhabitants of the Census. several counties or districts of the Territory to be taken, and the first election shall be held at such times and places, First election. and be conducted in such manner as the governor shall appoint and direct, and he shall at the same time declare the number of the members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of Plurality to votes in each of said council districts for members of the council and dents of district. elect. |