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4. General elections shall be bien-

5. Electors to be privileged from

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

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enumerated in section one
may vote in school elections.

11. The permanent school funa

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,


Education and School Lands.

County and Township Organization.
1. The Legislature shall provide

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

district officers.
7. They shall be electors.

1. Uniform system of public schools

to be maintained. 2. The proceeds of the sale of pub

lic lands to be used for the

public schools.
3. The interest and income of this

fund together with all net pro-
ceeds of fines shall be applied

to school funds.
4. Lands granted by the United

States for the use of public
schools may be sold upon the
following conditions and no

5. No land shall be sold for less

than ten dollars an acre.

Terms of sale.
6. All sales shall be conducted

through the office of the com-
missioner of schools and public

7. The public school fund shall be

perpetual.-It may be in

creased, but never diminished. 8. All lands mentioned in the pre

ceding section shall be ap-
praised and sold in the same

manner as the public lands.
9. In regard to the leasing of 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.

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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.
2. All existing charters under which

organization shall not have
taken place at the time this
Constitution takes effect, shall

be valid.
3. The Legislature shall not remit

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

of government.


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.


Senate.- Term of office

2. The manner of voting for the



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

17. The ordinances and schedule are

held to be valid.
18. That we, the people of South

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
Constitution shall be held.

21. The form of ballot.
22. The Constitution, after being

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.
Section 1. The name of the State shall be South Dakota.

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.

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