years, and until his successor is appointed and qualified, unless sooner removed by the President. In case of the death, removal, resignation, or absence of the governor from the Territory, the Secretary shall execute all the powers and perform all the duties of governor during such vacancy or absence or until another governor is appointed and qualified. Secretary. Ibid. Ibid. Duties. SEC. 1844. The secretary shall record and preserve all the laws and proceedings of the legislative assembly, and all the acts and proceedings of the governor in the 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 thereof, to the President, and two copies of the laws, within like time, Secretary's to the President of the Senate, and to the Speaker of the House of Representatives, for the use of Congress. He shall transmit one copy of the executive proceedings and official correspondence semi-annually, on the first day of January and July in each year, to the President. He shall prepare the acts passed by the legislative assembly for publication, and furnish a copy thereof to the public printer of the Territory, within ten days after the passage of each act. governors and secretaries. SEC. 1845. From and after the first day of July, eighteen hundred and seventy-three, the annual salaries Salaries of of the governors of the several Territories shall be three thousand five hundred dollars, and the salaries of the secretaries shall be two thousand five hundred dollars each. 23 Jan., 1873. 1 May, 1876. SEC. 1846. The legislative power in each Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The members of both branches of the legislative assembly shall have the qualifications Legislative of voters as herein prescribed. They shall be chosen for the term of two years, and the sessions of the respective 1569; 20 June, legislative assemblies shall be biennial. Each legislative assembly shall fix by law the day of the commencement power. 1874. Census and election. Mont. 26 May, 1864. Time and of its regular sessions. The members of the council and of the house of representatives shall reside in the district or county for which they are respectively elected. SEC. 1847. Previous to the first election for members of the legislative assembly of a Territory in which Congress may hereafter provide a temporary government, the governor shall cause a census of the inhabitants and qualified voters of the several counties and districts of the Territory to be taken by such persons and in such mode as he may designate and appoint, and the persons so appointed shall receive a reasonable compensation for their services. And the first election shall be held at such time and places, and be conduted in such manner, both as to the persons who superintend such election and the returns thereof, as the governor may direct; and he shall, at the same time, declare the number of members of the council and house of representatives to which each of the counties or districts is entitled under the act providing such temporary government for the particular Territory. The persons having the highest number of legal votes in each of the districts for members of the council shall be declared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected members of that house; but in case two or more persons voted for have an equal number of votes, and in case a vacancy otherwise occurs in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor appoints. SEC. 1848. After such first election, however, the time, place, and manner of holding elections by the place of hold- people in any newly-created Territory, as well as of ing elections. holding all such elections in Territories now organized, shall be prescribed by the laws of each Territory. Ibid. SEC. 1849. The aportionment of representation, which the governor is authorized to make by section eighteen hundred and forty-seven, in the case of a Territory hereafter erected by Congress, shall be as nearly equal as practicable among the several districts and counties. for such first election of the council and house of representatives, giving to each section of the Territory representation in the ratio of its population, except Indians not taxed; and thereafter in such new Territory as well as in all Territories now organized, the legislative assemblies, respectively, may re-adjust and apportion the representation to the two houses thereof, among the several counties and districts, in such manner, from time to time, as they deem just and proper; but the number of either house, as authorized by law, shall not be increased. Apportion ment. Laws to be submitted to Congress. SEC. 1850. All laws passed by the legislative assembly and governor of any Territory except in the Territories. of Colorado, Dakota, Idaho, Montana, and Wyoming, . shall be submitted to Congress, and, if disapproved, shall be null and of no effect. SEC. 1851. The legislative power of every Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed islative power. upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. SEC. 1852. The sessions of the legislative assemblies of the several Territories of the United States shall be limited to forty days' duration. Extent of leg Ibid. Limit of time of sessions. 23 Jan., 1873. SEC. 1853. The members of each branch of the several territorial legislatures shall receive a compensation of six dollars per day during the sessions herein pro- Compensation vided for, and they shall receive such mileage as now of members. provided by law: Provided, That the president of the council and the speaker of the house of representatives shall each receive a compensation of ten dollars per day. 23 Jan., 1873. Members of legislature pro hibited from holding certain offices. SEC. 1854. No member of the legislative assembly of any Territory now organized shall hold or be appointed to any office which has been created, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to Mont. 26 May, members of the first legislative assembly in any Territory hereafter organized; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of any Territory. The exception of postmasters shall not, apply in the Territory of Washington. 1864. extra compen SEC. 1855. No law of any territorial legislature shall Prohibition of be made or enforced by which the governor or secretary sation to certain of a Territory, or the members or officers of any terri23 Jan., 1878. torial legislature are paid any compensation other than that provided by the laws of the United States. officers. justices of the Election of SEC. 1856. Justices of the peace and all general peace and mili- officers of the militia in the several Territories shall be Mont. 26 May, elected by the people in such manner as the respective tia officers. 1864. Ibid. legislatures may provide by law. SEC. 1857. All township, district, and county officers except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each Territory; and all other officers not Herein Other officers. Otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each Territory, shall appoint; but, in the first instance, where a new Territory is hereafter created by Congress, the governor alone may appoint all the officers referred to in this and the preceding section and assign them to their respective townships, districts, and counties; and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly. SEC. 1858. In any of the Territories, whenever a vacancy happens from resignation or death, during the recess of the legislative council, in any office which, 8 under the organic act of any Territory, is to be filled by Vacancies, appointment of the governor, by and with the advice 9 June, 1872. and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire. at the end of the next session of the legislative council. SEC. 1859. Every male citizen above the age of twenty-one, including persons who have legally declared their intention to become citizens in any Territory hereafter organized, and who are actual residents of such Territory at the time of the organization thereof, shall be entitled to vote at the first election in such Territory, and to hold any office therein; subject, nevertheless, to the limitations specified in the next section. SEC. 1860. At all subsequent elections, however, in any Territory hereafter organized by Congress, as well Qualifications of voting and first election. Mont. 26 May, 1364. holding office at Ibid. as at all elections in Territories already organized, the At future elecqualifications of voters and of holding office shall be tions. such as may be prescribed by the legislative assembly of each Territory; subject, nevertheless, to the following restrictions on the power of the legislative assembly, namely: First. The right of suffrage and of holding office shall be exercised only by citizens of the United States. above the age of twenty-one years, and by those above that age who have declared on oath, before a competent court of record, their intention to become such, and have taken an oath to support the Constitution and Government of the United States. Second. There shall be no denial of the elective franchise or of holding office to a citizen on account of race, color, or previous condition of servitude. Third. No officer, soldier, seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any Territory, by reason of being on service therein, 25 Jan., 1867. |