City. The Sixth county seat shall be at Stillwater. The Seventh county shall embrace all that portion of the Territory lying west of the one hundredth meridian, known as the Public Land Strip, the county seat of which shall be at Beaver: Provided, That the county seats located by this act may be changed in such manner as the Territorial legislature may provide.

first election.

At the first election for members of the legislative as- Provisions for sembly the people of each county may vote for a name for each county, and the name which receives the greatest number of votes shall be the name of such county. If two or more counties should select the same name, the county which casts the greatest number of votes for such name shall be entitled to the same, and the names receiving the next highest number of votes in the other counties shall be the names of such counties. An apportionment 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 its population (excepting Indians not taxed) as nearly as may be; and the members of the council and house of representatives shall reside in and be inhabitants of 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 several counties or districts of the Territory to be taken, unless the same shall have been taken and published by the United States, in which case such census and enumeration shall be adopted, and the first election shall be held at such times and places, and be conducted in such manner, both as to the persons who superintend such election and the returns thereof, as the governor shall appoint and direct, and he shall at the same time declare the number of the members of the council and the house of representatives to which each of the counties or districts shall be entitled, as shown by the census herein provided for. The number of persons authorized to be elected, having the highest number of legal votes in each

of said council districts for members of the council, shall be declared by the governor to be duly elected to the council, and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That 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 shall appoint, but after such first election, however, the time, place and manner of holding elections by the people, and the appointment of representation, and the day of the commencement of regular sessions of the legislative assembly, shall be prescribed by law: Provided, however, That the governor shall have power to call the legislative assembly together by proclamation on an extraordinary occasion, at any time.

SEC. 5. That all male citizens of the United States above the age of twenty-one years, and all male persons of foreign birth over said age, who shall have, twelve months prior thereto, declared their intentions to become citizens of the United States, as now required by law, who are actual residents at the time of the passage of this act of that portion of said Territory which was declared by the proclamation of the president to be open for settlement on the twenty-second day of April, anno domini, eighteen hundred and eighty-nine, and of that portion of said Territory heretofore known as the Public Land Strip, shall be entitled to vote at the first election in the Territory. At every subsequent election the qualifications of voters, and of holding office, shall be such as may be prescribed by the legislative assembly, subject, however, 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 persons of foreign birth above that age who have declared, on oath, before a competent court of record, as required by the naturalization laws of the United States, their intention to become citizens, and have taken an oath tɔ support the constitution o the United States, and who shall have been residents the United States for the term of twelve months before the election at which they offer to vote. 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, marine, or other person in the army or navy, or attached to troops in the servico of the United States, shall be allowed to vote in said Territory by reason of being on service therein. Fourth, No person belonging to the army or navy shall be elected to, or hold, any civil office or appointment in said Territory.

legistative

be taxed with

SEC. 6. That the legislative power of the Territory Limitation of shall extend to all rightful subjects of legislation, not in- power. consistent with the constitution and laws of the United States, but no law shall be passed interfering with tho primary disposal of the soil; no tax shall be imposed on 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, nor shall any law bo passed impairing the right to private property, nor shall any unequal discrimination be made in taxing different Property mrst kinds of property, but all property subject to taxation out discrimishall be taxed in proportion to its value: Provided, That nothing herein shall be held prohibit the levying and collecting license or special taxes in the Territory, from Special licens persons engaged in any business therein, if the legislative power shall consider such taxes necessary. Every bill Procedure in which shall have passed the council and the house of representatives of said Territory shall, before it becomes a law, be presented to the governor of the Territory. If he approves he shall sign it, but if not, he shall return it with his objections, to the house in which it originated, who

nation.

es.

passing laws.

Township, district and county offi

ed.

shall enter the objections at large upon their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases the vote of both houses shali be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law.

SEC. 7. That all township, district, and county officers, Ces, how fill not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory. The governor shall nominate and, by and with the advice and consent of the council, appoint all officers not herein otherwise provided for, and in the first instance the governor alone may appoint all such officers, who shall hold their offices until the end of the first session of the legislative assembly; and he shall lay off the necessary districts for members of the council and house of representatives, and all other officers; and whenever a vancancy happens from resignation or death, during the recess of the legislative council, in any office which is filled by appointment of the governor, by and with the advice 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: It is further Legislature provided, That the legislative assembly shall not authorize the issuing of any bond, scrip, or evidence of debt by the construction Territory, or any county, city, town, or township therein, for the construction of any railroad.

cannot authorize issuance

of scrip for

of railroads.

Legislators cannot hold

SEC. 8. That no member of the legislative assembly offices created shall hold or be appointed to any office, which has been created or the salary or emoluments of which has been

by them.

er, in whom

probate court

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 members of the first legislative assembly provided for by this act; 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 said Territory. SEC. 9. That the judicial power of said Territory shall Judicial powbe vested in a supreme court, district courts, probate vested. courts, and justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum. They shall hold their offices for four years, and until their successors are appointed and qualified, and they shall hold a term annually at the seat of government of said Territory. The jurisdiction of the several courts herein provided Jurisdiction of for, both appellate and original, and that of the pro- ajilces of bate courts and of the justices of the peace, shall be as limited by law: Provided, That justices of the peace, who shall be elected in such manner as the legislative assembly may provide by law, shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and said supreme and district courts, respectively, shall possess Jurisdiction of chancery as well as common law jurisdiction, and author- district courts. ity for redress of all wrongs committed against the constitution or laws of the United States or of the Territory affecting persons or property. Said Territory shall be divided into three judicial districts, and a district court shall be held in each county in said district thereof by one of the justices of the supreme court, at such time and place as may be prescribed by law, and each judge after assignment shall reside in the district to which he is assigned. The supreme court shall define said judicial Supreme court to define districts, and shall fix the times and places at each county is judicial disseat in each district, where the district court shall be held, and designate the judge who shall preside therein.

supreme and