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arrest. 6. They shall not be deemed to
have lost residence by reason of absence on business of the
United States or this State. 7. Soldiers of the United States
shall not gain a residence in consequence of being stationed
in this State. i 8. Those who may not be qualified
to vote. 9. Women having the qualifications
enumerated in section one
shall be invested only in first
mortgages, etc. 12. The Governor may disapprove
any sale, etc. 13. In regard to defalcation of the
public school fund. 14. School lands to be protected
from trespasses. 15. School corporations may levy ad
ditional taxes. 16. Sectarian schools shall not re
ceive State aid. 17. No teacher or officer shall be in
terested in the sale of books,
by general law for organizing
new counties, etc. 2. Location of the county seat. 3. It may be changed. 4. Counties may be organized into
townships. 5. County officers to be elected
every two years. 6. The Legislature shall provide by
law for county, township and
1. Uniform system of public schools
to be maintained. 2. The proceeds of the sale of pub
lic lands to be used for the
fund together with all net pro-
to school funds.
States for the use of public
than ten dollars an acre.
Terms of sale.
through the office of the com-
perpetual.-It may be in
creased, but never diminished. 8. All lands mentioned in the pre
ceding section shall be ap-
manner as the public lands.
mentioned in this article. 10. The law in regard to "Squat
Municipal Corporations. 1. They shall be provided for by
general law. 2. In regard to the assessment and
levying of taxes. 3. Street railway, telegraph or tele
phone companies inust have the consent of the local authorities.
Revenue and Finance. 1. The estimated expenses of the
State shall be provided for by
taxation. 2. All taxes on real and personal
property shall be uniform. 3. The power to tax corporation property shall
not be surrendered.
Section 4: Moneys, credits and investments,
etc., to be taxed. 5. Property exempt from taxation. 6. Other property exempt from tax
ation. 7. Laws exempting property from
taxation other than those in sections 5 and 6 of this article,
shall be void. 8. No tax shall be levied except in
pursuance of law. 9. State taxes shall be paid into the
State treasury. 10. The corporate authority of
towns, cities and villages shall have the power to make local
improvements by taxation. 11. The making of profit out of pub
lic money shall be deemed a
felony. 12. A statement of receipts and ex
penditures of public moneys shall be published yearly.
Section 4. The debt of any subdivision of
the State shall never exceed five per cent upon the valuation of taxable property there
in. 5. Any subdivision of the State,
before incurring indebtedness, shall provide for the collection
of an annual tax, etc. 6. In regard to the payment of
debts and liabilities contracted by and in behalf of the Terri
tory of Dakota, etc. 7. The State of South Dakota here
by obligates itself, etc. 8. Refunding bonds may be issued
to the amount of $107,500, bear. ing interest at four per cent, etc.
State Institutions. 1. The charitable and penal insti
tutions of the State. 2. They shall be under the control
of the State. 3. State educational institutions. 4. Board of trustees shall hold their
office for five years.
ARTICLE XII. Public Accounts and Expenditures. 1. No money shall be paid out of
the treasury except upon ap
propriation. 2. Appropriation bills shall embrace
nothing but appropriations. 3. Extra compensation shall not be
granted to any public officer,
etc. 4. An itemized statement of all re
ceipts and expenditures of public moneys shall be published annually.
Public Indebtedness. 1. Neither the State, nor any of its
subdivisions, shall loan or give
its credit. 2. The State may contract debts
not to exceed $100,000. 3. Indebtedness of the State limited
by section 2 shall be in addition to the debt of the Territory, assumed and paid by the State.
Militia. 1. Those eligible for the militia. 2. They shall be uniformed, equip
ped and disciplined. 3. In organizing the militia, it shall
conform as nearly as possible to the armies of the United
States. 4. Militia officers shall be commis
sioned by the Governor. 5. Except in certain cases,
the militia shall be privileged from
arrest. 6. Military records, banners, etc.,
shall be preserved in the office
of the Adjutant-General. 7. No person having conscientious
scruples against bearing arms shall be compelled to do military duty in time of peace.
power to alter, revise or annul the charter of any corporation
now existing, 10. The right to construct or operate
a street railroad within any city, town or incorporated village, to be granted by the local
authorities. 11. Telegraph companies may con
struct and maintain lines and connect with other lines within the State. They may not con
solidate with competing lines. 12. Railroads doing business within
this State shall maintain a public office within the State.
The directors of every rallroad corporation shall make an
annual report. 13. The rolling stock and other mov
able property of railroads shall be considered personal prop
erty. 14. No railroad corporation shall
consolidate with any parallel
or competing line. 15. Railroads declared public
member of the court. 7. To be served with a copy of im
peachment at least twenty
days before trial, 8. No person liable to impeachment
twice for the same offense,
highways and railroad com
panies common carriers. 16. Railroads may connect with
other roads. 17. Laws shall be passed to correct
abuses and prevent extortion in the rates of freight and pas
senger tariffs. 18. Private property taken for public
use shall have just compensa
tion. 19. The term corporation defined.
Corporations. 1. The Legislature shall provide by
general laws for the organiza
tion of corporations.
organization shall not have
the forfeiture of the charter of
any corporation now existing. 4. The right of eminent domain. 5. In all elections for directors or
managers of corporations, each shareholder may cast the whole number of his votes for one candidate, or distribute them
upon two or more. 6. Corporations to do business in
this State must have one or
more places of business. 7. No corporation shall engage in
any business other than that
authorized in its charter. 8. In regard to the right of cor
porations to issue stocks or
bonds. 9. The Legislature shall have the
Banking and Currency. 1. if a general banking law shall be
enacted, etc. 2. Every banking company shall
cease all banking operations
within twenty years. 3. The stockholders shall be held
individually responsible for the debts of the bank.
ARTICLE XIX. Congressional and Legislative Apportion
ment. Section 1. Until otherwise provided by law,
the United States representatives shall be elected by the
State at large. 2. The senatorial and representa
tive districts shall be as follows.
Seat of Government. 1. The location of a temporary seat
of government. 2. A temporary seat of government
shall be provided for. 3. In case of tie in choice of seat
Miscellaneous. 1. The seal and coat of arms of the
State. 2. Compensation of public officers. 3. Oath of office. 4. Exemptions. 5. Rights of married women.
ARTICLE XXII. The Compact With the United States. 1. The compact.
ARTICLE XXIII. Amendments and Revision of the Const
tution. 1. Amendments may be proposed
from either house. 2. The Constitution may be revised.
1. To be voted on.
Schedule and Ordinance, 1. In order to avoid inconvenience
by a change from a Territorial
to State government. 2. All moneys accruing to the Ter
ritory shall accrue to the State. 3. All bond obligations and other
undertakings, undertaken before this Constitution, shall re
main valid. 4. All officers holding office under
the Territory shall continue. 5. This Constitution shall be sub
mitted to the electors. 6. The temporary seat of govern
ment shall be determined on. 7. The election provided for herein
shall be under the provisions of the Constitution herewith
submitted. 8. The votes to be counted after
election and the return to be
certified to. 9. Within five days after election
the results of the elections
shall be canvassed. 10. When two or more counties are
connected in one senatorial or representative district, clerks and auditors
certain duties to perform. 11. The Secretary of the Territory
shall receive all returns. 12. The apportionment made in this
Constitution shall govern the
election. 13. When the Legislature elected
under the provisions of this
Constitution shall assemble. 14. The oath of office to be taken,
and the election of two United
States Senators shall be made. 15. After their election the Legisla
ture shall adjourn. 16. In regard to what is contained
in the Constitution and schedule.
Minority Representation. 1. The House of Representatives
shall consist of three times the number of the members of the
held to be valid.
Dakota, do ordain, etc. 19. The tenure of officers elected as
provided for in this schedule. 20. When the first general election
under the provisions of this
signed by the convention, etc. 23. The agreement made by the
joint commission of the constitutional conventions of North and South Dakota in regard to the Territory, is ratified and confirmed.
PREAMBLE. We, the people of South Dakota, grateful to Almighty God for
our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the comnion defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this Constitution for the State of South Dakota.
Name and Bounlary.
Sec. 2. The boundaries of the State of South Dakota shall be as follows: Beginning at the point of intersection of the western boundary line of the State of Minnesota with the northern boundary line of the State of Iowa, and running thence northerly along the western boundary line of the State of Minnesota to its intersection with the seventh standard parallel; thence west on the line of the seventh standard parallel produced due west to its intersection with the twenty-seventh meridian of longitude west from Washington; thence south on the twenty-seventh meridian of longitude west from Washington to its intersection with the northern boundary line of the State of Nebraska; thence easterly along the northern boundary line of the State of Nebraska to its intersection with the western boundary line of the State of Iowa; thence northerly along the western boundary line of the State of Iowa to its intersection with the northern boundary line of the State of Iowa; thence east along the northern boundary line of the State of Iowa to the place of beginning.