delivered to the commissioners who shall canvass the same, and the person receiving the highest number of votes for the several offices to be filled under the provisions of this act shall be declared by said commissioners or any two of them duly elected to said offices; should it be found that two or more persons have received the same number of votes for either of said offices, the

determine the same by lot.

Commissioners shall

SEC. 13. That this charter be approved for final adoption by a majority of the votes of the people residing within the limits of said city at an election to be held at such time as is provided for in section 13 of article 8 of this act, when the ballot shall either be "for the charter," or "against the charter," and if upon the canvass of the votes cast at said election it shall appear that a majority of the shall immediately declare the same to be in full force and effect by publication for one week in some newspaper in the county, and by posting at least three notices in three most public places in the county, if the vote be against the charter they shall publish the same as rejected.

votes cast are for the charter the co

[Approved February 9, 1865.]

JOINT RESOLUTIONS.

JOINT RESOLUTIONS in reference to the War.

WHEREAS, Our country is now distracted by a gigantic civil war, unprecedented in the annals of civilized nations, and in proportion to the magnitude of the present conflict the American Republic has arisen to the dignity and importance of the crisis, with an energy and devotion of national sentiment, and an employment of blood and treasure unapproached in the annals of history; and whereas, it is the special duty and pride of every citizen of our common country to express his devotion to our unbroken nationality; therefore, be it

Resolved, By the Legislative Assembly of the Territory of Montana, That we hereby renew our pledges, ever entertained, of loyalty to the Union, and will ever frown indignantly upon any attempt to alienate one portion of our common country from another; and as in this struggle our appeal to arms may decide the fate of our nationality, and the question of self-government in its present form, we will ever pray for the success of the Union and the restoration of constitutional government in the gauntlet of battle thrown down by the rebels in arms.

Resolved, That loyalty is the highest duty that every citizen owes to his country, and that the interests of humanity, the principle of republican government, and the prosperity of our common country, demand of us an unfeigned expression for the maintenance of the Union at all hazards, and our highest efforts for its preservation, whether by the arts of peace or war.

Resolved, That we recognize the armies of the republic as the conspicuous defenders of our country, and that we hereby tender to

them our thanks for their splendid services in the field, without distinction, and hold them in grateful remembrance.

Resolved, That while the heart of the nation beats heavily over the undistinguished graves of the gallant dead who have fallen in the cause of a nation's unity, we do by an unfaltering spirit cheer our brave soldiers in the field on to the contest that still awaits them, with the prayer upon our lips that justice, freedom, and nationality may triumph in the end.

[Approved February 2, 1865.]

JOINT RESOLUTIONS relating to the Codification of the Laws and Journals of the first Legislative Assembly of the Territory of Montana.

Be it resolved by the Legislative Assembly of the Territory of Montana:

1. That William H. Miller, Wilbur F. Saunders, and G. W. Stapleton are hereby constituted, empowered and appointed commissioners in and for said Territory to codify all laws, resolutions and memorials passed at the first session of said assembly of the Territory, which shall have been passed by both Houses and approved by the governor.

2. The said commissioners shall arrange said laws and journals in a suitable and proper form for publication, making correct punctuations, with grammatical constructions of good orthography, in the copies of said laws and journals mentioned as they shall deem necessary to complete the same, and shall make and perfect in a suitable and proper manner an index to said laws and journals.

3. The said commissioners shall have the power, and they are hereby authorized to employ two persons as clerks or assistants for the purpose of aiding and assisting said commissioners in said labors of codification, and shall have power to discharge such clerks or assistants at pleasure. And it shall be the duty of said commissioners to report said copies of said laws and journals when so codified by them to the next session of the legislative assembly of said Territory of Montana.

[Approved February 6, 1865.]

JOINT RESOLUTION relating to the repeal of the Laws of Idaho which are of a general nature, passed at its first session at Lewiston, in said Territory of Idaho.

Resolved, That all acts or parts of acts, laws or parts of laws, or resolutions of a general nature, which did apply to this portion of said Territory of Idaho before the organization of Montana Territory, under act of organization passed by Congress the twentysixth day of May, A. D. 1864, dividing said Territory of Idaho, setting off said Montana Territory from said Idaho, defining the duties of the executive, legislative and judicial departments of said temporary government of Montana Territory, are hereby declared by this legislative assembly repealed, and they are hereby repealed, void, and of no effect in said Territory of Montana. [Approved February 9, 1865.]

JOINT RESOLUTION in reference to holding terms of Court in the Second Judicial District.

Resolved by the Council, the House of Representatives con

curring:

That the regular terms of court for the second judicial district shall commence as follows: In Beaver Head county on the second Mondays of June and September, and in Deer Lodge county on the third Monday in July, and that Missoula county be attached to Deer Lodge for judicial purposes.

[Approved February 9, 1865.]

JOINT RESOLUTION in reference to holding terms of courts in the Third Judicial District.

Resolved by the Council, the House of Representatives concurring:

That the regular terms of court in the third judicial district be held as follows: In Jefferson county, at the county seat, the third Monday in September, and that all other counties in that district be attached to Jefferson county for judicial purposes.

[Approved February 9, 1865.]

JOINT RESOLUTION in relation to the Territorial Seal.

Resolved by the Council, the House of Representatives concurring:

That the Territorial seal shall, as a central group, represent a plow, a miner's pick and shovel; upon the right a representation of the Great Falls of the Missouri; upon the left mountain scenery; and underneath, as a motto, the words Oro y Plata. The seal shall be two inches in diameter and surrounded by these wordsThe Seal of the Territory of Montana.

[Approved February 9, 1865.]

JOINT RESOLUTION on the Pay and Mileage of Officers and Members.

Resolved by the Legislative Assembly of the Territory of Montana:

That the Territorial auditor be instructed to issue his warrants to members, clerks and attaches of the legislative assembly, according to the report of the joint committee upon pay and mileage.

[Approved February 9, 1865.]