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-====== Constitution of North Dakota. ======
-===== PREAMBLE. =====
-We, the people of North Dakota, grateful to Almighty God for the blessings of
-civil and religious liberty, do ordain and establish this Constitution.
-===== ARTICLE I. DECLARATION OF RIGHTS. =====
-Sec. 1. All men are by nature equally free and independent and have certain
-inalienable rights, among which are those of enjoying and defending life and
-liberty; acquiring, possessing and protecting property and reputation; and
-pursuing and obtaining safety and happiness.
-Sec. 2. All political power is inherent in the people. Government is instituted
-for the protection, security and benelit of the people, and they have a right to
-alter or reform the same when ever the public good may require.
-Sec. 3. The State of North Dakota is an inseparable part of the American Union
-and the Constitution' of the United States is the supreme law of the land.
-Sec. 4. The free excercise and enjoyment of religious profession and worship,
-without discrimination or preference shall be forever guaranteed in this State,
-and no person shall be rendered incompetent to be a witness or juror on account
-of his opinion on matters of religious belief; but the liberty of conscience
-hereby secured shall not be so construed as to excuse acts of licentiousness, or
-justify practices inconsistent with the peace or safety of this State.
-Sec. 5. The privilege of the writ of habeas corpus shall not be suspended
-unless, when in case of rebellion or invasion, the public safety may require.
-Sec. 6. All persons shall be bailable by sufficient sureties, unless for capital
-offiences when the proof is evident or the presumption great. Excessive bail
-shall not be required, nor excessive fines imposed, nor shall cruel or unusual
-punishments be inflicted. Witnesses shall not be uureasonably detained, nor be
-confined in any room where criminals are actually imprisoned.
-Sec. 7. The right of trial by jury shall be secured to all, and remain
-inviolate; but a jury in civil cases, in courts not of record may consist of
-less than twelve men, as may be prescribed by law.
-Sec. 8. Until otherwise provided by law, no person shall, for a felony, be
-proceeded againt criminally, otherwise than by indictment, except in cases
-arising in the land or naval forces, or in the militia when in actual service in
-time of war or public danger. In all other cases, offences shall be prosecuted
-criminally by indictment or information. The Legislative Assembly may change,
-regulate or abolish the grand jury system.
-Sec. 9. Every man may freely write, speak and publish his opinions on all
-subjects, being responsible for the abuse of that privilege. In all civil and
-criminal trials for libel the truth may be given in evidence, and shall be a
-sufficient defense when the matter is published with good motives and for
-justifiable ends; and the jury shall have the same power of giving a general
-verdict as in other cases; and in all indictments on informations for libels the
-jury shall have the right to determine the law and the facts under the direction
-of the court as in other cases.
-Sec. 10. The citizens have a right, in a peaceable manner, to assemble together
-for the common good, and to apply to those invested with the powers of
-government for the redress of grievances, or for other proper purposes, by
-petition, address or remonstrance.
-Sec. 11. All laws of a general nature shall have a uniform operation.
-Sec. 12. The military shall be subordinate to the civil power. No standing army
-shall be maintained by this State in time of peace, and no soldiers shall, in
-time of peace, be quartered in any house without the consent of the owner; nor
-in time of war, except in the manner prescribed by law.
-Sec. 13. In criminal prosecutions in any court whatever, the party accused shall
-have the right to a speedy and public trial; to have the process of the court to
-compel the attendance of witnesses in his behalf; and to appear and defend in
-person and with counsel. No person shall be twice put in jeopardy for the same
-offense, nor be compelled in any criminal case to be a witness against himself,
-nor be deprived of life, liberty or property without due process of law.
-Sec. 14. Private property shall not be taken or damaged for public use without
-just compensation having been first made to, or paid into court for the owner.
-No right of way shall be appropriated to the use of any corporation until full
-compensation therefor be first made in money or ascertained and paid into court
-for the owner, irrespective of any benefit from any improvement proposed by such
-corporation, which compensation shall be ascertained by a jury, unless a jury be
-waived, provided however, that when the state or any of its departments,
-agencies or political subdivisions seeks to acquire right of way, it may take
-possession upon making an offer to purchase and by depositing the amount of such
-offer with the clerk of the district court of the county wherein the right of
-way is located. The clerk shall immediately notify the owner of such deposit.
-The owner may thereupon appeal to the court in the manner provided by law, and
-may have a jury trial, unless a jury be waived, to determine the damages.
-Sec. 15. No person shall be imprisoned for debt unless upon refusal to deliver
-up his estate for the benefit of his creditors, in such manner as shall be
-prescribed by law; or in cases of tort: or where there is strong presumption of
-fraud.
-Sec. 16. No bill of attainder, ex post facto law, or law impairing the
-obligations of contracts shall ever be passed.
-Sec. 17. Neither slavery nor involuntary servitude, unless for the punishment of
-crime, shall ever be tolerated in this- state.
-Sec. 18. The right of the people to be secure in their persons, houses, papers
-and effects, against uureasonable searches and seizures, shall not be violated;
-and no warrant shall issue but upon probable cause, supported by oath or
-affirmation, particularly describing the place to be searched and the persons
-and things to be seized.
-Sec. 19. Treason against the State shall consist only in levying war against it,
-adhering to its enemies or giving them aid and comfort. No person shall be
-convicted of treason unless on the evidence of two witnesses to the same overt
-act, or confession in open court.
-Sec. 20. No special privileges or immunities shall ever be granted which may not
-be altered, revoked or repealed by the Legislative Assembly; nor shall any
-citizen or class of citizens be granted privileges or immunities which upon the
-same terms shall not be granted to all citizens.
-Sec. 21. The provisions of this Constitution are mandatory and prohibitory
-unless, by express words, they are declared to be otherwise.
-Sec. 22. All courts shall be open, and every man for any injury done him in his
-lands, goods, person or reputation shall have remedy by due process of law, and
-right and justice administered without sale, denial or delay. Suits may be
-brought against the State in such manner, in such courts, and in such cases, as
-the Legislative Assembly may, by law, direct.
-Sec. 23. Every citizen of this State shall be free to obtain employment wherever
-possible, and any person, corporation or agent thereof, maliciously interfering
-or hindering in any way, any citizen from obtaining or enjoying employment
-already obtained, from any other corporation or person, shall be deemed guilty
-of a misdemeanor.
-Sec. 24. To guard against transgressions of the high powers which we have
-delegated, we declare that everything in this article is excepted out of the
-general powers of government and shall forever remain inviolate.
-===== ARTICLE II.  THE LEGISLATIVE DEPARTMENT. =====
-Sec. 25 (in Article 2 as Amended by Article 15 of Amendment).  The legislative
-power of this state shall be vested in a legislature consisting of a senate and
-a house of representatives. The people, however, reserve the power, first, to
-propose measures and to enact or reject the same at the polls; second, to
-approve or reject at the polls any measure or any item, section, part or parts
-of any measure enacted by the legislature.
-The first power reserved is the initiative. Ten thousand electors at large may
-propose any measure by initiative petition. Every such petition shall contain
-the full text of the measure and shall be filed with the Secretary of State not
-less than ninety days before the election at which it is to be voted upon.
-The second power reserved is the referendum. Seven thousand electors at large
-may, by referendum petition, suspend the operation of any measure enacted by
-the legislature, except an emergency measure. But the filing of a referendum
-petition against one or more items, sections or parts of any measure, shall not
-prevent the remainder from going into effect. Such petition shall be filed with
-the Secretary of State not later than ninety days after the adjournment of the
-session of the legislature at which such measure was enacted.
-Each measure initiated by or referred to the electors, shall be submitted by
-its ballot title, which shall be placed upon the ballot by the Secretary of
-State and shall be voted upon at any state-wide election designated in the
-petition, or at a special election called by the Governor. The result of the
-vote upon any measure shall be canvassed and declared by the board of
-canvassers.
-Any measure, except an emergency measure, submitted to the electors of the
-state, shall become a law when approved by a majority of the votes cast
-thereon. And such law shall go into effect on the 30th day after the election,
-unless otherwise specified in the measure.
-If a referendum petition is filed against an emergency petition such measure
-shall be a law until voted upon by the electors. And if it is then rejected by
-a majority of the votes cast thereon, it shall he thereby repealed. Any such
-measure shall be submitted to the electors at a special election if so ordered
-by the Governor, or if the referendum petition filed against it shall be signed
-by thirty thousand electors at large. Such special election shall be called by
-the Governor, and shall be held not less than one hundred nor more than one
-hundred thirty days after the adjournment of the session of the legislature.
-The Secretary of State shall pass upon each petition, and if he finds it
-insufficient, he shall notify the "Committee for the Petitioners" and allow
-twenty days for correction or amendment. All decisions of the Secretary of
-State in regard to any such petition shall be subject to review by the Supreme
-Court. But if the sufficiency of such petition is being reveiwed at the time
-the ballot is prepared, the Secretary of State shall place the measure on the
-ballot and no subsequent decision shall invalidate such measure if it is at
-such election approved by a majority of the votes cast thereon.  If procedlngs
-are brought against any petition upon any ground, the burden of proof shall be
-upon the party attacking it.
-No law shall be enacted limiting the number of copies of a petition which may
-be circulated. Such copies shall become part of the original petition when
-filed or attached thereto. Nor shall any law be enacted prohibiting any person
-from giving or receiving compensation for circulating the petitions, nor in any
-manner interfering with the freedom in securing signatures to petitions.
-Each petition shall have printed thereon a ballot title, which shall fairly
-represent the subject matter of the measure, and the names of at least five
-electors who shall, constitute the "committee for the petitioners" and who
-shall represent and act for the petitioners.
-The enacting clause of all measures initiated by the electors shall be: "Be it
-enacted by the people of the State of North Da kota." In submitting measures
-to the electors, the Secretary of State and all other officials shall be guided
-by the election laws until additional legislation shall be provided.
-If conflicting measures initiated by or referred to the electors shall be
-approved by a majority of the votes cast thereon, the one receiving the highest
-number of affirmative votes shall become the law.
-The word "measure" as used herein shall include any law or amendment thereto,
-resolution, legislative proposal or enactment of any character.
-The veto power of the Governor shall not extend to the measures initiated by or
-referred to the electors. No measure enacted or approved by a vote of the
-electors shall be repealed or amended by the legislature, except upon a yea and
-nay vote upon roll call of two-thirds of all the members elected to each house.
-This section shall be self executing and all of its provisions shall be treated
-as mandatory. Laws may be enacted to facilitate its operation, but no laws
-shall be enacted to hamper, restrict or impair the exercise of the rights
-herein reserved to the'people.
-Sec. 26. The senate shall be composed of fortynine members.
-Sec. 27. Senators shall be elected for the term of four years, except as
-hereinafter provided.
-Sec. 28. No person shall be a senator who is not a qualified elector in the
-district in which he may be chosen, and who shall not have attained the age of
-twenty-five years, and have been a resident of the State or Territory for two
-years next preceding his election.
-Sec. 29. Each existing senatorial district as provided by law at the effective
-date of this amendment shall permanently constitute a senatorial district. Each
-senatorial district shall be represented by one senator and no more.
-Sec. 30. The senatorial districts shall be numbered consecutively from one
-upwards, according to the number of districts prescribed, and the Senators shall
-be divided into two classes. Those elected in the districts designated by even
-numbers shall constitute one class, and those elected in districts designated by
-odd numbers shall constitute the other class. The Senators of one class, elected
-in the year 1890, shall hold their office for two years, those of the other
-class shall hold their office four years, and the determination of the two
-classes shall be by lot, so that one-half of the Senators, as nearly as
-practicable, may be elected biennially.
-Sec. 31. The Senate, at the beginning and close of each regular session, and at
-such other times as may be necessary, shall elect one of its members President
-pro tempore, who may take the place of the Lieutenant Governor under rules
-prescribed by law.
-Sec. 32. The House of Representatives shall be composed of not less than sixty,
-nor more than one hundred and forty members.
-Sec. 33. Representatives shall be elected for the term of two years.
-Sec. 34. No person shall be a Kepresentative who is not a qualified elector in
-the district for which he may be chosen, and who shall not have attained the age
-of twenty-one years, and have been a resident of the State or Territory for two
-years next preceding his election.
-Sec. 35. Each senatorial district shall be represented in the House of
-Representatives by at least one representative except that any senatorial
-district comprised of more than one county shall be represented in the House of
-Representatives by at least as many representatives as there are counties in
-such senatorial district. In addition the Legislative Assembly shall, at the
-first regular session after each federal decennial census, proceed to apportion
-the balance of the members of the House of Representatives to be elected from
-the several senatorial districts, within the limits prescribed by this
-Constitution, according to the population of the several senatorial districts.
-If any Legislative Assembly whose duty it is to make an apportionment shall fail
-to make the same as herein provided it shall be the duty of the Chief Justice of
-the Supreme Court, Attorney General, Secretary of State, and the majority and
-minority leaders of the House of Representatives within ninety days after the
-adjournment of the legislature to make such apportionment and when so made a
-proclamation shall be issued by the Chief Justice announcing such apportionment
-which shall have the same force and effect as though made by the Legislative
-Assembly.
-Sec. 36. The House of Representatives shall elect one of its members as Speaker.
-Sec. 37. No judge or clerk of any court, secretary of state, attorney general,
-register of deeds, sheriff or person holding any office of profit under this
-State, except in the militia or the office of attorney-at-law, notary public or
-justice of the peace, and no person holding any office of profit or honor under
-any foreign government, or under the government of the United States, except
-postmasters whose annual compensation does not exceed the sum of $300, shall
-hold any office in either branch of the Legislative Assembly or become a member
-thereof.
-Sec. 38. No member of the Legislative Assembly, expelled for corruption, and no
-person convicted of bribery, perjury or other infamous crime shall be eligible
-to the Legislative Assembly, or to any office in either branch thereof.
-Sec. 39. No member of the Legislative Assembly shall, during the term for which
-he was elected, be appointed or elected to any civil office in this State, which
-shall have been created, or the emoluments of which shall have been increased,
-during the term for which he was elected; nor shall any member receive any civil
-appointment from the Governor, or Governor and Senate, during the term for which
-he shall have been elected.
-Sec. 40. If any person elected to either house of the Legislative Assembly
-shall offer or promise to give his vote or influence, in favor of, or against
-any measure or proposition pending or proposed to be introduced into the
-Legislative Assembly, in consideration, or upon conditions, that any other
-person elected to the same Legislative Assembly will give, or will promise or
-assent to give, his vote or influence in favor of or against any other measure
-or proposition, pending or proposed to be introduced into such Legislative
-Assembly, the person making such offer or promise shall be deemed guilty of
-solicitation of bribery. If any member of the Legislative Assembly, shall give
-his vote or iufluence for or against any measure or proposition, pending or
-proposed to be introduced into such Legislative Assembly, or offer, promise or
-assent so to do upon condition that any other member will give, promise or
-assent to give his vote or influence in favor of or against any other such
-measure or proposition pending or pro posed to be introduced into such
-Legislative Assembly, or in consideration that any other member hath given his
-vote or influence, for or against any other measure or propositiau in such
-Legislative Assembly, he shall be deemed guilty of bribery.  And any person,
-member of the Legislative Assembly or person elected thereto, who shall be
-guilty of either such offenses, shall be expelled, and shall not, thereafter be
-eligible to the Legislative Assembly, and, on the conviction thereof in the
-civil courts, shall be liable to such further penalty as may be prescribed by
-law.
-Sec. 41. The term of service of the members of the legislative assembly shall
-begin on the first day of December following their election, or at such other
-time as may be prescribed by law.
-Sec. 42. The members of the Legislative Assembly shall in all eases except
-treason, felony and breach of the peace, be privileged from arrest during their
-attendance at the sessions of their respective houses, and in going to or
-returning from the same. For wprds used in any speech or debate in either house,
-they shall not be questioned in any other place.
-Sec. 43. Any member who has a personal or private interest in any measure or
-bill proposed or pending before the Legislative Assembly, shall disclose the
-fact to the house of which he is a member, and shall not vote thereon without
-the consent of the house.
-Sec. 44. The Governor shall issue writs of election to fill such vacancies as
-may occur in either house of the Legislative Assembly.
-Sec. 45. Each member of the Legislative Assembly shall receive as a compensation
-for his services for each session, five dollars per day, and ten cents for every
-mile of necessary travel in going to and returning from the place of the meeting
-of the Legislative Assembly, on the most usual route.
-Sec. 46. A majority of the members of each house shall constitute a quorum, but
-a smaller number may adjourn from day to day, and may compel the attendance of
-absent members, in such a manner, and under such a penalty, as may be prescribed
-by law.
-Sec. 47. Each house shall be the judge of the election returns and
-qualifications of its own members.
-Sec. 48. Each house shall have the power to determine the rules of proceeding,
-and punish its members or other persons for contempt or disorderly behavior in
-its presence; to protect its members against violence or offers of bribes or
-private solicitation, and with the concurrence of two-thirds, to expel a member,
-and shall have all other powers necessary and usual in the Legislative Assembly
-of a free state. But no imprisonment by either house shall continue beyond
-thirty days. Punishment for contempt or disorderly behavior shall not bar a
-criminal prosecution for the same offense.
-Sec. 49. Each house shall keep a journal of its proceedings, and the yeas and
-nays on any question shall be taken and entered on the journal at the request of
-one-sixth of those present.
-Sec. 50. The sessions of each house and of the Committee of the Whole shall be
-open unless the business is such as ought to be kept secret.
-Sec. 51. Neither house shall, without the consent of the other, adjourn for more
-than three days, nor to any other place than that in which the two houses shall
-be sitting, except in case of epidemic, pestilence or other great danger.
-Sec. 52. The Senate and House of Representatives jointly shall be designated as
-the Legislative Assembly of the State of North Dakota.
-Sec. 53. The legislative assembly shall meet at the seat of government in the
-month of December following the election of the members thereof for
-organizational and orientation purposes as provided by law and shall thereafter
-recess until twelve o'clock noon on the first Tuesday after the first Monday in
-January or at such other time as may be prescribed by law but not later than the
-eighth day of January.
-Sec. 54. In all elections to be made by the Legislative Assembly, or either
-house thereof, the members shall vote viva voce, and their votes shall be
-entered in the journal.
-Sec. 55. The sessions of the Legislative Assembly shall be biennial, except as
-otherwise provided in this Constitution.
-Sec. 56. Each session of the legislative assembly shall not exceed sixty
-legislative days, except in the case of impeachment.  The organizational meeting
-of the legislative assembly as provided in section 53 shall not be counted as
-part of such sixty legislative days.
-Sec. 57. Any bill may originate in either house of tho Legislative Assembly, and
-a bill passed by one house may be amended by the other.
-Sec. 58. No law shall be passed, except by a bill adopted by both houses, and no
-bill shall be so altered and amended on its passage through either house as to
-change its original purpose.
-Sec. 59. The enacting clause of every law shall be as follows: Be it enacted by
-the Legislative Assembly of the State of North Dakota.
-Sec. 60. No bill for the appropriation of money, except for the expenses of the
-government, shall be introduced after the fortieth day of the session, except by
-unanimous consent of the house in which it is sought to be introduced.
-Sec. 61. No bill shall embrace more than one subject, which shall be expressed
-in its title, but a bill which violates this provision shall be invalidated
-thereby only as to so much thereof as shall not be so expressed.
-Sec. 62. The general appropriation bill shall embrace nothing but appropriations
-for the expenses of the Executive, Legislative and Judicial Departments of the
-State, interest on the public debt and for public schools. All other
-appropriations shall be made by separate bills, each embracing but one subject.
-Sec. 63. Every bill shall be read two separate times, but the first and second
-readings may not be upon the same day; and the first reading may be by title of
-the bill only, unless upon such first reading, a reading at length is demanded.
-The second reading shall be at length. No legislative day shall be shorter than
-the natural day.
-Sec. 64. No bill shall be revised or amended, nor the provisions thereof
-extended or incorporated in any other bill by reference to its title only, but
-so much thereof as is revised, amended or extended or so incorporated, shall be
-re-enacted and published at length.
-Sec. 65. No bill shall become a law except by a vote of the majority of all the
-members elect in each house, nor unless, on its final passage, the vote be taken
-by yeas and nays, and the names of those voting be entered on the Journal.
-Sec. 66. The presiding officer of each house shall, in the presence of the house
-over which he presides, sign all bills and joint resolutions passed by the
-Legislative Assembly ; immediately before such signing their title shall be
-publicly read, and the fact of signing shall be at once entered on the Journal.
-Sec. 67. No act of the legislative assembly shall take effect until July first
-after the close of the session, unless the legislature by a vote of two-thirds
-of the members present and voting, in each house, shall declare it an emergency
-measure, which declaration shall be set forth in the act, provided, however,
-that no act granting a franchise or special privilege, or act creating any
-vested right or interest other than in the state, shall be declared an
-emergency measure. An emergency measure shall take effect and be in force from
-and after its passage and approval by the Governor.
-Sec. 68. The Legislative Assembly shall pass all laws necessary to carry into
-effect the provisions of this Constitution.
-Sec. 69. The Legislative Assembly shall not pass local or special laws in any of
-the following enumerated cases, that is to say:
-. For granting divorces.
-. Laying out, opening, altering or working roads or highways, vacating roads,
-town plats, streets, alleys or public grounds.
-. Locating or changing county seats.
-. Regulating county or township affairs.
-. Regulating the practice of courts of justice.
-. Regulating the jurisdiction and duties of justices of the peace, police
-magistrates or constables.
-. Changing the rules of evidence in any trial or inquiry.
-. Providing for changes of venue in civil or criminal cases.
-. Declaring any person of age.
-. For limitation of civil actions, or giving effect to informal or invalid
-deeds.
-. Summoning or impannelintr grand or petit juries.
-. Providing for the management of common schools.
-. Regulating the rate of interest on money.
-. The opening or conducting of any election, or designating the place of
-voting.
-. The sale or mortgage of real estate belonging to minors or othere under
-disability.
-. Chartering or licensing ferries, toll bridges or toll roads.
-. Remitting fines, penalties or forfeitures.
-. Creating, increasing or decreasing fees, percentages or allowances of public
-officers.
-. Changing the law of descent.
-. Granting to any corporation, association or individual the right to lay down
-railroad tracks, or any special or exclusive privilege, immunity or franchise
-whatever.
-. For the punishment of crimes.
-. Changing the names of persons or places.
-. For the assessment or collection of taxes.
-. Affecting estates of deceased persons, minors or others under legal
-disabilities.
-. Extending the time for the collection of taxes.
-. Refunding money into the State Treasury.
-. Relinquishing or extinguishing in whole or in part the indebtedness,
-liability or obligation of any corporation or person to this State, or to any
-municipal corporation therein.
-. Legalizing, except as against the State, the unauthorized or invalid act of
-any officer.
-. Exempting property from taxation.
-. Restoring to citizenship persons convicted of infamous crimes.
-. Authorizing the creation, extension or impairing of liens.
-. Creating offices, or prescribing the powers or duties of officers in
-counties, cities, townships, election or school districts, or authorizing the
-adoption or legitimation of children.
-. Incorporation of cities, towns or villages, or changing or amending the
-charter of any town, city or village.
-. Providing for the election of members of the Board of Supervisors in
-townships, incorporated towns or cities.
-. The protection of game or fish.
-Sec. 70. In all other cases where a general law can be made applicable, no
-special law shall be enacted; nor shall the Legislative Assembly indirectly
-enact such special or local law by the partial repeal of a general law; but laws
-repealing local or special acts may be passed.
-===== ARTICLE III.  EXECUTIVE DEPARTMENT. =====
-Sec. 71 The executive power shall be vested in a governor, who shall reside at
-the seat of government and shall hold his office for the term of four years
-beginning in the year 1965, and until his successor is elected and duly
-qualified.
-Sec. 72. A Lieutenant Governor shall be elected at the same time and for the
-same term as the Governor. In case of the death, impeachment, resignation,
-failure to qualify, absence from the State, removal from office, or the
-disability of the Governor, the powers and duties of the office for the residue
-of the term, or until he shall be acquitted, or the disability be removed, shall
-devolve upon the Lieutenant Governor.
-Sec. 73. No person shall be eligible to the office of Governor or Lieutenant
-Governor unless he be a citizen of the United States, and a qualified elector of
-the State, who shall have attained the age of thirty years, and who shall have
-resided five years next preceding the election within the State or Territory,
-nor shall he be eligible to any other office during the term for which he shall
-have been elected.
-Sec. 74. The Governor and Lieutenant Governor shall be elected by the qualified
-electors of the State at the time and places of choosen members of the
-Legislative Assembly. The persons having the highest number of votes for
-Governor and Lieutenant Governor respectively shall be declared elected, but if
-two or more shall have an equal and highest number of votes for Governor or
-Lieutenant Governor, the two houses of the Legislative Assembly at its next
-regular session shall forthwith, by joint ballot, choose one of such persons for
-said office. The returns of the election for Governor and Lieutenant Governor
-shall be made in such manner as shall be prescribed by law.
-Sec. 75. The Governor shall be Commander-in-Chief of the military and naval
-forces of the State, except when they shall be called into the service of the
-United States, and may call out the same to execute the laws, suppress
-insurrection and repel invasion.  He shall have power to convene the Legislative
-Assembly on ex traordinary occasions. He shall at the commencement of each
-session communicate to the Legislative Assembly by message, in formation of the
-condition of the State, and recommend such measures as he shall deem expedient.
-He shall transact all necessary business with the officers of the government,
-civil and military. He shall expedite all such measures as may be resolved upon
-by the Legislative Assembly, and shall take care that the laws be faithfully
-executed.
-Sec. 76. The governor shall have power in conjunction with the board of pardons,
-of which the governor shall be ex-officio a member and the other members of
-which shall consist of the attorney general of the state of North Dakota, the
-chief justice of the supreme court of the state of North Dakota, and two
-qualified electors who shall be appointed by the governor, to remit fines and
-forfeitures, to grant reprieves, comumutations and pardons after conviction for
-all offenses except treason and cases of impeachment; but the legislative
-assembly may by law regulate the manner in which the remission of fines, pardons,
-commutations and reprieves may be applied for. Upon conviction of treason the
-governor shall have the power to suspend the execution of sentence until the
-case shall be reported to the legislative assembly at its next regular session,
-when the legislative assembly shall either pardon or commute the sentence,
-direct the execution of the sentence or grant further reprieve. The governor
-shall communicate to the legislative assembly at each regular session each case
-of remission of ï¬ne, reprieve, commutation or pardon granted by the board of
-pardons, stating the name of the convict, the crime for which he is convicted,
-the sentence and its date and the date of remission, commutation, pardon or
-reprieve, with their reasons for granting the same.
-Sec. 77. The Lieutenant Governor shall be President of the Senate, but shall
-have no vote unless they be equally divided. If, during a vacancy in the office
-of Governor, the Lieutenant Governor shall be impeached, displaced, resign or
-die, or from mental or physical disease, or otherwise become incapable of
-performing the duties of his office, the Secretary of State shall act as
-Governor until the vacancy shall be filled or the disability removed.
-Sec. 78. When any office shall from any cause become vacant, and no mode is
-provided by the Constitution or law for filling such vacancy, the Governor shall
-have power to fill such vacancy by appointment.
-Sec. 79. Every bill which shall have passed the Legislative As sembly shall,
-before it becomes a law, be presented to the Governor. If he approve, he shall
-sigh, but if not, he shall return it with his objections to the house in which
-it originated, which shall enter the objections at large upon the Journal and
-proceed to reconsider it. If, after such reconsideration, two-thirds of the
-members elect 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 it be approved by two-thirds of the members elect, it shall become a law; but
-in all such cases the vote of both houses shall be determined by the yeas and
-nays, and the names of the members voting for and against the bill shall be
-entered upon the Journal of each house respectively. If any bill shall not be
-returned by the Governor within three days (Sundays excepted) after it shall
-have been presented to him, the same shall be a law, unless the Legislative
-Assembly by its adjournment, prevent its return, in which case it shall be a
-law, unless he shall file the same with his objections in the office of the
-Secretary of State, within fifteen days after such adjournment.
-Sec. 80. The Governor shall have power to disapprove of any item or items, or
-part or parts of any bill making appropriations of money or property embracing
-distinct items, and the part or parts of the bill approved shall be the law, and
-the item or items, and part or parts disapproved shall be void, unless enacted
-in the following manner: If the Legislative Assembly be in session he shall
-transmit to the house in which the bill originated a copy of the item or items,
-or part or parts thereof disapproved, together with his objections thereto, and
-the items or parts objected to shall be separately reconsidered, and each item
-or part shall then take the same course as is prescribed for the passage of
-bills over the executive veto.
-Sec. 81. Any Governor of this State who asks, receives or agrees to receive any
-bribe upon any understanding that his official opinion, judgment or action shall
-be influenced thereby, or who gives or offers, or promises his official
-influence in consideration that any member of the Legislative Assembly shall
-give his official vote or influence on any particular side of any question or
-matter upon which he may be required to act in his official capacity, or who
-menaces any member by the threatened use of his veto power, or who offers or
-promises any member that he, the said Governor will appoint any particular
-person or persons to any office created or thereafter to be created, in
-consideration that any member shall give his official vote or influence on any
-matter pending or thereafter to be introduced into either house of said
-Legislative Assembly, or who threatens any member that he, the said Governor,
-will remove any person or persons from office or position with intent in any
-manner to influence the action of said member, shall be punished in the manner
-now or that may here after be provided by law, and upon conviction thereof shall
-forfeit all right to hold or exercise any office of trust or honor in this
-State.
-Sec. 82. There shall be chosen by the qualified electors of the state at the
-times and places of choosing members of the legislative assembly, a secretary of
-state, auditor, treasurer, superintendent of public instruction, commissioner of
-insurance, an attorney general, a commissioner of agriculture and labor, and a
-tax commissioner, who shall have attained the age of twenty-five years and shall
-have the qualifications of state electors. They shall severally hold their
-offices at the seat of government for the term of four years beginning with the
-year 1965, and until their successors are elected and duly qualified; but no
-person shall be eligible for the office of treasurer for more than two
-consecutive terms. The tax commissioner shall be elected on a no party ballot
-and he shall be nominated and elected in the manner now provided for the
-nomination and election of the superintendent of public instruction.
-The board of railroad commissioners shall hereafter be known as the public
-service commission and the members of the board of railroad commissioners as
-public service commissioners and the powers and duties now or hereafter granted
-to and conferred upon the board of railroad commissioners are hereby transferred
-to the public service commission. The public service commissioners shall have
-the qualifications of state electors, have attained the age of twenty-five
-years, be chosen by the qualified electors of the state at the times and places
-of choosing members of the legislative assembly, hold office at the seat of
-government and until their successors are elected and duly qualified. As each of
-the three public service commissioners now holding office completes his term,
-his successor shall be elected for a term of six years.
-The legislative assembly may by law provide for a department of labor, which, if
-provided for, shall be separate and distinct from the department of agriculture,
-and shall be administered by a public official who may be either elected or
-appointed, whichever the legislative assembly shall declare; and if such a
-department is established the commissioner of agriculture and labor provided for
-above shall become the commissioner of agriculture.
-Sec. 83. The powers and duties of the secretary of state,
-auditor, treasurer, superintendent of public instruction, commissioner
-of insurance, commissioners of railroads, attorney
-general and commissioner of agriculture and labor shall be
-prescribed by law. In the event that the legislative assembly
-shall establish a separate and distinct department of labor, the
-powers and duties of the officer administering such department
-of labor shall be prescribed by law.
-Sec. 84. Salaries of public officers shall be as prescribed
-by law, but the salaries of any of the said officers shall not be
-increased or diminished during the period for which they
-shall have been elected, and all fees and profits arising from
-any of the said offices shall be covered into the state treasury.
-===== ARTICLE IV.  JUDICIAL DEPARTMENT. =====
-Sec. 85. The judicial power of the State of North Dakota shall be vested in a
-supreme court, district courts, county courts, justices of the peace, and in
-such other courts as may be created by law for cities, incorporated towns and
-villages.
-Sec. 86. The supreme court, except as otherwise provided in this Constitution,
-shall have appellate jurisdiction only, which shall be co-extensive with the
-State and shall have a general superintending control over all inferior courts
-under such regulations and limitations as may be prescribed by law.
-Sec. 87. It shall have power to issue writs of habeas corpus, mandamus, quo
-warranto, certiorari, injunction, and such other original and remedial writs as
-may be necessary to the proper exercise of its jurisdiction, and shall have
-authority to hear and determine the same; Provided, however, that no jury trials
-shall be allowed in said supreme court, but in proper cases questions of fact
-may be sent by said court to a district court for trial.
-Sec. 88. Until otherwise provided by law three terms of the supreme court shall
-be held each year, one at the seat of government, one at Fargo, in the county of
-Cass, and one at Grand Forks, in the county of Grand Forks.
-Sec. 89. The Supreme Court shall consist of five judges, a majority of whom
-shall be necessary to form a quorum or pronounce a decision, but one or more of
-said, judges may adjourn the court from day to day or to a day certain,
-provided, however, that in no case shall any legislative enactment or law of
-the State of North Dakota be declared unconstitutional unless at least four of
-the judges shall so decide.
-Sec. 90. The judges of the Supreme Court shall be elected by the qualified
-electors of the State at general elections. The term of office shall be ten
-years and the judges shall hold their offices until their successors are duly
-qualified and shall receive such compensation for their services as may be
-prescribed by law. Provided that this section shall not be applicable to the
-terms of office of judges of the Supreme Court elected prior to the general
-election of the year 1934, at which election three Supreme Court Judges shall be
-chosen; and the candidate at said election receiving the highest number of votes
-shall be elected for a term of ten years, the candidate receiving the next
-highest number of votes shall be elected for a term of eight years and the
-candidate receiving the next highest number of votes shall be elected for a term
-of six years.
-Sec. 91. The term of office of the judges of the supreme court, except as in
-this article otherwise provided, shall be six years, and they shall hold their
-offices until their successors are duly qualified.
-Sec. 92. The judges of the supreme court shall, immediately after the first
-election under this Constitution, be classified by lot so that one shall hold
-his office for the term of three years, one for the term of five years and one
-for the term of seven years from the first Monday in December, A. D. 1889. The
-lots shall be drawn by the judges who shall for that purpose assemble at the
-seat of government, and they shall cause the result thereof to be certified to
-the Secretary of the Territory and filed in his office unless the Secretary of
-State of North Dakota shall have entered upon the duties of his office, in which
-event said certification shall be filed therein. The judge having the shortest
-term to serve, not holding his office by election or appointment to fill a
-vacancy, shall be Chief Justice and shall preside at all terms of the supreme
-court and in case of his absence the judge having in like manner the next
-shortest term to serve shall preside in his stead.
-Sec. 93. There shall be a clerk and also a reporter of the supreme court, who
-shall be appointed by the judges thereof, and who shall hold their offices
-during the pleasure of said judges, and whose duties and emoluments shall be
-prescribed by law and by rules of the supreme court not inconsistent with law.
-The Legislative Assembly shall make provision for the publication and
-distribution of the decisions of the supreme court and for the sale of the
-published volumes thereof.
-Sec. 94. No person shall be eligible to the office of judge of the supreme court
-unless he be learned in the law, be at least thirty years of age and a citizen
-of the United States, nor unless he shall have resided in this State or
-Territory of Dakota three years next preceding his election.
-Sec. 95. Whenever the population of the State of North Dakota shall equal six
-hundred thousand the Legislative Assembly shall have the power to increase the
-number of the judges of the supreme court to five, in which event a majority of
-said court, as thus increased, shall constitute a quorum.
-Sec 96. No duties shall be imposed by law upon the supreme court or auy of the
-judges thereof, except such as are judicial, nor shall auy of the judges thereof
-exercise auy power of appointment except as herein provided.
-Sec. 97. The style of all process shall be "The State of North Dakota." All
-prosecutions shall be carried ou in the name and by the authority of the State
-of North Dakota, and conclude "against the peace and dignity of the State of
-North Dakota."
-Sec. 98. Any vacancy happening by death, resignation or otherwise in the office
-of judge of the supreme court shall be filled by appointment, by the Governor,
-which appointment shall continue until the first general election thereafter,
-when said vacancy shall be filled by election.
-Sec. 99. The judges of the supreme and district courts shall receive such
-compensation for their services as may be prescribed by law, which compensation
-shall not be increased or diminished during the term for which a judge shall
-have been elected.
-Sec. 100. In case a judge of the supreme court shall be in any way interested in
-a cause brought before said court, the remaining judges of said court shall call
-one of the district judges to sit with them on the hearing of said cause.
-Sec. 101. When a judgment or decree is reversed or confirmed by the supreme
-court every point fairly arising upon the record of the case shall be considered
-and decided, and the reasons there for shall be concisely stated in writing,
-signed by the judges concurring, filed in the office of the clerk of the supreme
-court and preserved with a record of the case. Any judge dissenting there from
-may give the reasons of his dissent in writing over his signature.
-Sec. 102. It shall be the duty of the court to prepare a syllabus of the points
-adjudicated in each case, which shall be concurred in by a majority of the
-judges thereof, and it shall be prefixed to the published reports of the case.
-DISTRICT COURTS.  Sec. 103. The district court shall have original jurisdiction,
-except as otherwise provided in this Constitution, of all causes both at law and
-equity, and such appellate jurisdiction as may be conferred by law. They and the
-judges thereof shall also have jurisdiction and power to issue writs of habeas
-corpus, quo warranto, certiorari, injunction and other original and remedial
-writs, with authority to hear and determine the same.
-Sec. 104. The State shall be divided into not less than six judicial districts,
-in each of which there shall be elected at general elections by the electors
-thereof one or more judges of the District Court therein as may be provided by
-law. The term of office of a Judge of the District Court hereafter elected shall
-be six years from the first Monday in January succeeding his election and he
-shall hold his office until his successor is duly qualified. At the general
-election in 1932 there shall be elected as many judges as there are judgeships
-to be filled in each Judicial District; the candidate receiving the highest
-number of votes shall be elected to a term of six years, the candidate receiving
-the next highest number of votes shall be elected to a term of four years, and
-in case three judges are to be elected, the candidate receiving the next highest
-number of votes shall be elected to a term of two years, and thereafter each
-judge shall be elected to a term of six years.
-Sec. 105. Until otherwise provided by law said districts shall be constituted as
-follows:
-District No. One shall consist of the counties of Pembina, Cavalier, Walsh,
-Nelson and Grand Forks.
-District No. Two shall consist of the counties of Ramsey, Towner, Benson,
-Pierce, Rolette, Bottineau, McHenry, Church, Renville, Ward, Stevens,
-Mountraille, Garfield, Flannery and Buford.
-District No. Three shall consist of the counties of Cass, Steele and Traill.
-District No. Four shall consist of the counties of Richland, Ransom, Sargent,
-Dickey and McIntosh.
-District No. Five shall consist of the counties of Logan, LaMoure, Stutsman,
-Barnes, Wells, Foster, Eddy and Griggs.
-District No. Six shall consist of the counties of Burleigh, Emmons, Kidder,
-Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark, Hettinger, Bowman,
-Billings, McKenzie, Dunn, Wallace and Allred, and that portion of the Sioux
-Indian Reservation lying north of the Seventh Standard parallel.
-Sec. 106. The Legislative Assembly may whenever two-thirds of the members of
-each house shall concur therein, but not oftener than once in four years,
-increase the number of said judicial districts and the judges thereof; such
-districts shall be formed from compact territory and bounded by county lines,
-but such increase or change in the boundaries of the districts shall not work
-the removal of any judge from his office during the term for which he may have
-been elected or appointed.
-Sec. 107. No person shall be eligible to the office of district judge, unless he
-be learned in the law, be at least twenty-five years of age, and a citizen of
-the United States, nor unless he shall have resided within the State or
-Territory of Dakota at least two years next preceding his election, nor unless
-he shall at the time of his election be an elector within the Judicial District
-for which he is elected.
-Sec. 108. There shall be a Clerk of the District Court in each organized county
-in which a court is holden who shall be elected by the qualified electors of the
-county, and shall hold his office for the same term as other county officers. He
-shall receive such compensation for his services as may be prescribed by law.
-Sec. 109. Writs of error and appeals may be allowed from the decisions of the
-district courts to the Supreme Court under such regulations as may be prescribed
-by law.
-COUNTY COURTS.
-Sec. 110. There shall be established in each county a county court, which shall
-be a court Of record open at all times and holden by one judge, elected by the
-electors of the county, and whose term of office shall be two years.
-Sec. 111. The County Court shall have exclusive original jurisdiction in probate
-and testamentary matters, the appointment of administrators and guardians, the
-settlement of the accounts of executors, administrators and guardians, the sale
-of lands by executors, administrators, and guardians, and such other probate
-jurisdiction as may be conferred by law; Provided, That whenever the voters of
-any county having a population of two thousand or over shall decide by a
-majority vote that they desire the jurisdiction of said court increased above
-that limited by this constitution, then said County Courts shall have concurrent
-jurisdiction with the District Courts in all civil actions where the amount in
-controversy does not exceed one thousand dollars, and in all criminal actions
-below the grade of felony, and in case it is decided by the voters of any county
-to so increase the jurisdiction of said county court, the jurisdiction in cases
-of misdemeanors arising under State laws which may have been conferred upon
-police magistrates, shall cease. The qualifications of the judge of the County
-Court in counties where the jurisdiction of said court shall have been increased
-shall be the same as those of the district judge, except he shall be a resident
-of the county at the time of his election, and said county judge shall receive
-such salary for his services as may be provided by law. In case the voters of
-any county decide to increase the jurisdiction of said county courts, then such
-jurisdiction as thus increased shall remain until otherwise provided by law.
-JUSTICES OF THE PEACE.
-Sec. 112. The Legislative Assembly shall provide by law for the election of
-justices of the peace in each organized county within the state. But the number
-of said justices to be elected in each organized county shall be limited by law
-to such a number as shall be necessary for the proper administration of justice.
-The justices of the peace herein provided for shall have concurrent jurisdiction
-with the district court in all civil actions when the amount in controversy,
-exclusive of costs, does not exceed two hundred dollars, and in counties where
-no county court with criminal jurisdiction exists they shall have such
-jurisdiction to hear and determine cases of misdemeanor as may be provided by
-law, but in no case shall said justices of the peace have jurisdiction when the
-boundaries of or title to real estate shall come in question. The Legislative
-Assembly shall have power to abolish the office of justice of the peace and
-confer that jurisdiction upon judges of county courts, or elsewhere.
-POLICE MAGISTRATES.
-Sec. 113. The legislative assembly shall provide by law for the selection or
-election and the qualifications of municipal judges in cities, incorporated
-towns, and villages, who shall hear, try, and determine cases arising under the
-ordinances of said cities, towns and villages, and shall have such other
-jurisdiction as the legislative assembly may confer upon them.
-Sec. 114. Appeals shall lie from the county court, final decisions of justices
-of the peace, and police magistrates in such cases and pursuant to such
-regulations as may be prescribed by law.
-MISCELLANEOUS.
-Sec. 115. The time of holding courts in the several counties of a district shall
-be as prescribed by law, but at least two terms of the district court shall be
-held annually in each organized county, and the Legislative Assembly shall make
-provision for attaching unorganized counties or territories to organized
-counties for judicial purposes.
-Sec. 116. Judges of the district courts may hold court in other districts than
-their own under such regulations as shall be prescribed by law.
-Sec. 117. No judge of the supreme or district court shall act as attorney or
-counsellor at law.
-Sec. 118. Until the Legislative Assembly shall provide by law for fixing the
-terms of courts the judges of the supreme and district courts shall fix the
-terms thereof.
-Sec. 119. No judge of the supreme or district court shall be elected or
-appointed to any other than judicial offices or be eligible thereto during the
-term for which he was elected or appointed such judge. All votes or appointments
-for either of them for any elective or appointive office except that of judge of
-the supreme court, or district court, given by the Legislative Assembly or the
-people, shall be void.
-Sec. 120. Tribunals of conciliation may be established with such powers and
-duties as shall be prescribed by law, or the powers and duties of such may be
-conferred upon other courts of justice; but such tribunals or other courts when
-sitting as such, shall have no power to render judgment to be obligatory on the
-parties, unless they voluntarily submit their matters of difference and agree to
-abide the judgment of such tribunals or courts.
-===== ARTICLE V.  ELECTIVE FRANCHISE. =====
-Sec. 121. Every person of the age of twenty-one or upwards who is a citizen of
-the United States and who shall have resided in the state one year and in the
-county ninety days and in the precinct thirty days next preceding any election
-shall be a qualified elector at such election. Provided that where a qualified
-elector moves from one precinct to another within the state he shall be entitled
-to vote in the precinct from which he moves until he establishes his residence
-in the precinct to which he moves.
-Sec. 122. The Legislative Assembly shall be empowered to make further extensions
-of suffrage hereafter, at its discretion to all citizens of mature age and sound
-mind, not convicted of crime, without regard to sex; but no law extending or
-restricting the right of suffrage shall be enforced until adopted by a majority
-of the electors of the state voting at a general election.
-Sec. 123. Electors shall in all cases except treason, felony, breach of the
-peace or illegal voting, be privileged from arrest on the days of election
-during their attendance at, going to and returning from such election, and no
-elector shall be obliged to perform military duty on the day of election, except
-in time of war or public danger.
-Sec. 124. The general elections of the state shall be biennial, and shall be
-held on the first Tuesday after the first Monday in November; Provided, That the
-first general election under this Constitution shall be held on the first
-Tuesday after the first Monday in November, A D. 1890.
-Sec. 125. No elector shall be deemed to have lost his residence in this state by
-reason of his absence on business of the United States or of this state, or in
-the military or naval service of the United States.
-Sec. 126. No soldier, seaman or marine in the army or navy of the United States
-shall be deemed a resident of this state in consequence of his being stationed
-therein.
-Sec. 127. No person who is under guardianship, non compos mentis or insane shall
-be qualified to vote at any election; nor any person convicted of treason or
-felony, unless restored to civil rights; and the legislature shall by law
-establish an educational test as a qualification, and may prescribe penalties
-for failing, neglecting or refusing to vote at any general election.
-Sec. 128. Any woman having the qualifications enumerated in section 121 of this
-article as to age, residence and citizenship, and including those now qualified
-by the laws of the territory, may vote for all school officers, and upon all
-questions pertaining solely to school matters, and be eligible to any school
-office.
-Sec. 129. All elections by the people shall be by secret ballot, subject to such
-regulations as shall be provided by law.
-===== ARTICLE VI. MUNICIPAL CORPORATIONS. =====
-Sec. 130. Except in the case of home rule cities and villages as provided in
-this section the legislative assembly shall provide by general law for the
-organization of municipal corporations, restricting their powers as to levying
-taxes and assessments, borrowing money, and contracting debts. Money raised by
-taxation, loan or assessment for any purpose shall not be diverted to any other
-purpose except by authority of law.
-The legislative assembly shall provide by law for the establishment of home rule
-in cities and villages. It may authorize such cities and villages to exercise
-all or a portion of any power or function which the legislative assembly has
-power to devolve upon a non-home rule city or village, not denied to such city
-or village by its own home rule charter and which is not denied to all home rule
-cities and villages by statute.  The legislative assembly shall not be
-restricted in granting of home rule powers to home rule cities and villages by
-section 183 of this Constitution.
-===== ARTICLE VII.  CORPORATIONS OTHER THAN MUNICIPAL. =====
-Sec. 131. No charter of incorporation shall be granted, changed or amended by
-special law, except in the case of such municipal, charitable, educational,
-penal or reformatory corporations as may be under the control of the state; but
-the Legislative Assembly shall provide by general laws for the organization of
-all corporations hereafter to be created, and any such law, so passed, shall be
-subject to future repeal or alteration.
-Sec. 132. All existing charters or grants of special or exclusive privileges,
-under which a bona fide organization shall not have taken place and business
-been commenced in good faith at the time this Constitution takes effect, shall
-thereafter have no validity.
-Sec. 133. The Legislative Assembly shall not remit the forfeiture of the charter
-to any corporation now existing, nor alter or amend the same, nor pass any other
-general of special law for the benefit of such corporation, except upon the
-condition that such corporation shall thereafter hold its charter subject to the
-provisions of this constitution.
-Sec. 134. The exercise of the right of eminent domain shall never be abridged,
-or so construed as to prevent the Legislative Assembly from taking the property
-and franchises of incorporated companies and subjecting them to public use, the
-same as the property of individuals; and the exercise of the police power of
-this State shall never be abridged, or so construed as to permit corporations to
-conduct their business in such a manner as to infringe the equal rights of
-individuals or the general well-being of the State.
-Sec. 135. In all elections for directors or managers of a corporation, each
-member or shareholder may cast the whole number of his votes for one candidate,
-or distribute them upon two or more candidates, as he may prefer, provided, any
-co-operative corporation may adopt by-laws limiting the voting power of its
-stockholders.
-Sec. 136. No foreign corporation shall do business in this state without having
-one or more places of business and an authorized agent or agents in the same,
-upon whom process may be served.
-Sec. 137. No corporation shall engage in any business other than that expressly
-authorized in its charter.
-Sec. 138. No corporation shall issue stock or bonds except for money, labor
-done, or money or property actually received; and all fictitious increase of
-stock or indebtedness shall be void. The stock and indebtedness of corporations
-shall not be increased except in pursuance of general law, nor without the
-consent of the persons holding the larger amount in value of the stock first
-obtained.
-Sec. 139. No law shall be passed by the Legislative Assembly granting the right
-to construct and operate a street railroad, telegraph, telephone or electric
-light plant within any city, town or incorporated village, without requiring the
-consent of the local authorities having the control of the street or highway
-proposed to be occupied for such purposes.
-Sec. 140. Every railroad corporation organized and doing business in this state,
-under the laws or authority thereof, shall have and maintain a public office or
-place in the state for the transaction of its business, where transfers of its
-stock shall be made and in which shall be kept for public inspection, books in
-which shall be recorded the amount of capital stock subscribed, and by whom, the
-names of the owners of its stock and the amount owned by them respectively; the
-amount of stock paid in and by whom, and the transfers of said stock; the
-amounts of its assets and liabilities and the names and place of residence of
-its officers. The directors of every railroad corporation shall annually make a
-report, under oath, to the auditor of public accounts, or some officer or
-officers to be designated by law, of all their acts and doings, which report
-shall include such matters relating to railroads as may be prescribed by law,
-and the Legislative Assembly shall pass laws enforcing by suitable penalties the
-provisions of this section. Providing the provisions of this section shall not
-be so construed as to apply to foreign corporations.
-Sec. 141. No railroad corporation shall consolidate its stock, property or
-franchises with any other railroad corporation owning a parallel or competing
-line; and in no case shall any consolidation take place except upon public
-notice given at least sixty days to all stockholders, in such manner as may be
-provided by law. Any attempt to evade the provisions of this section, by any
-railroad corporation, by lease or otherwise, shall work a forfeiture of its
-charter.
-Sec. 142. Railways heretofore constructed or that may hereafter be constructed
-in this state are hereby declared public highways, and all railroad, sleeping
-car, telegraph, telephone and transportation companies of passengers,
-intelligence and freight, are declared to be common carriers and subject to
-legislative control; and the Legislative Assembly shall have power to enact laws
-regulating and controlling the rates of charges for the transportation of
-passengers, intelligence and freight, as such common carriers from one point to
-another in this State; Provided, That appeal may be had to courts of this State
-from the rate so fixed; but the rates fixed by the Legislative Assembly or Board
-of Railroad Commissioners shall remain in full force pending the decision of the
-courts.
-Sec. 143. Any association or corporation organized for the purpose shall have
-the right to construct and operate a railroad between any points within this
-state, and to connect at the state line with the railroads of other states.
-Every railroad company shall have the right with its road to intersect, connect
-with or cross any other; and shall receive and transport each other's
-passengers, tonnage and cars, loaded or empty, without delay or discrimination.
-Sec. 144. The term "corporation," as used in this article, shall not be
-understood as embracing municipalities or political subdivisions of the State
-unless otherwise expressly stated, but it shall be held and construed to include
-all associations and joint stock companies having any of the powers or
-privileges of corporations not possessed by individuals or partnerships.
-Sec. 145. If a general banking law be enacted, it shall provide for the registry
-and countersigning by an officer of the State, of all notes or bills designed
-for circulation, and that ample security to the full amount thereof shall be
-deposited with the State Treasurer for the redemption of such notes or bills.
-Sec. 146. Any combination between individuals, corporations, associations, or
-either having for its object or effect the controlling of the price of any
-product of the soil or any article of manufacture or commerce, or the cost of
-exchange or transportation, is prohibited and hereby declared unlawful and
-against public policy; and any and all franchises heretofore granted or
-extended, or that may hereafter be granted or extended in this state, when ever
-the owner or owners thereof violate this article shall be deemed annulled and
-become void.
-===== ARTICLE VIII.  EDUCATION. =====
-Sec. 147. A high degree of intelligence, patriotism, integrity and morality on
-the part of every voter in a government by the people being necessary in order
-to insure the continuance of that government and the prosperity and happiness of
-the people, the Legislative Assembly shall make provision for the establishment
-and maintenance of a system of public schools which shall be open to all
-children of the state of North Dakota and free from sectarian control. This
-legislative requirement shall be irrevocable without the consent of the United
-States and the people of North Dakota.
-Sec. 148. The legislative assembly shall provide for a uniform system of free
-public schools throughout the state, beginning with the primary and extending
-through all grades up to and including schools of higher education, except that
-the legislative assembly may authorize tuition, fees and service charges to
-assist in the financing of public schools of higher education.
-Sec. 149. In all schools instruction shall be given as far as practicable in
-those branches of knowledge that tend to impress upon the mind the vital
-importance of truthfulness, temperance, purity, public spirit, and respect for
-honest labor of every kind.
-Sec. 150. A superintendent of schools for each county shall be elected every
-four years beginning in the year 1964, whose qualifications, duties, powers and
-compensation shall be fixed by law. Provided, however, a superintendent of
-schools may be elected by and serve two or more counties or parts of counties as
-provided by law.
-Sec. 151. The Legislative Assembly shall take such other steps as may be
-necessary to prevent illiteracy, secure a reasonable degree of uniformity in
-course of study, and to promote industrial, scientific and agricultural
-improvement.
-Sec. 152. All colleges, universities and other educational institutions, for the
-support of which lands have been granted to this state, or which are supported
-by a public tax, shall remain under the absolute and exclusive control of the
-State. No money raised for the support of the public schools of the State shall
-be appropriated to or used for the support of any sectarian school.
-===== ARTICLE IX.  SCHOOL AND PUBLIC LANDS. =====
-Sec. 153. All proceeds of the public lands that have hereto fore been, or may
-hereafter be granted by the United States for the support of the common schools
-in this state; all such percentum as may be granted by the United States on the
-sale of public lands; the proceeds or property that shall fall to the state by
-escheat; the proceeds of all gifts and donations to the state for common
-schools, or not otherwise appropriated by the terms of the gift, and all other
-property otherwise acquired for common schools, shall be and remain a perpetual
-fund for the maintenance of the common schools of the state. It shall be deemed
-a trust fund, the principal of which shall forever remain inviolate and may be
-increased but never diminished. The state shall make good all losses thereof.
-Sec. 154. The interest and income of this fund together with the net proceeds of
-all fines for violation of state laws, and all other sums which may be added
-thereto by law, shall be faithfully used and applied each year for the benefit
-of the common schools of the state, and shall be for this purpose apportioned
-among and between all the several common school corporations of the state in
-proportion to the number of children in each of school age, as may be fixed by
-law; and no part of the fund shall ever be diverted, even temporarily, from this
-purpose or used for any other purpose whatever than the maintenance of common
-schools for the equal benefit of all the people of the state ; Provided,
-however, That if any portion of the interest or income aforesaid be not expended
-during any year, said portion shall be added to and become a part of the school
-fund.
-Sec. 155. After one year from the assembling of the first legislative assembly
-the lands granted to the state from the United States for the support of the
-common schools, may be sold upon the following conditions and no other: No more
-than one-fourth of all such lands shall be sold within the first five years
-after the same become salable by virtue of this section.  No more than one-half
-of the remainder within ten years after the same become salable as aforesaid.
-The residue may be sold at any time after the expiration of said ten years. The
-legislative assembly shall provide for the sale of all school lands subject to
-the provisions of this article. In all sales of lands subject to the provisions
-of this article all minerals therein, including but not limited to oil, gas,
-coal, cement materials, sodium sulphate, sand and gravel, road material,
-building stone, chemical substances, metallic ores, uranium ores, or colloidal
-or other clays, shall be reserved and excepted to the state of North Dakota,
-except that leases may be executed for the extraction and sale of such materials
-in such manner and upon such terms as the legislative assembly may provide.
-Sec. 156. The Superintendent of Public Instruction, Governor, Attorney-General,
-Secretary of State and State Auditor, shall constitute a Board of Commissioners,
-which shall be denominated the "Board of University and School Lands," and,
-subject to the provisions of this article and any law that may be passed by the
-Legislative Assembly, said board shall have control of the appraisement, sale,
-rental and disposal of all school and university lands, and shall direct the
-investment of the funds arising therefrom in the hands of the State Treasurer,
-under the limitations in section 160 of this article.
-Sec. 157. The county superintendent of common schools, the chairman of the
-county board, and the county auditor shall constitute boards of appraisal and
-under the authority of the State Board of University and School Lands shall
-appraise all school lands within their respective counties which they may from
-time to time recommend for sale at their actual value under the prescribed terms
-and shall first select and designate for sale the most valuable lands.
-Sec. 158. No original grant school or institutional land shall he
-sold for less than the fair market value thereof, and in no case for
-less than ten dollars ($10.00) per acre. provided that when lands
-have been sold on contract and the contract has been cancelled, such
-lands may be resold without reappraisement by the board of appraisal.
-The purchaser shall pay twenty (20) per cent of the purchase
-price at the time the contract is executed; thereafter annual
-payments shall be made of not less than six (6) per cent of the
-original purchase price. An amount equal to not less than three (3)
-per cent per annum of the unpaid principal shall be credited to interest
-and the balance shall be applied as payment on principal as
-credit on purchase price. The purchaser may pay all or any installment
-or installments not yet due to any interest paying date. If the
-purchaser so desires, he may pay the entire balance due on his
-contract with interest to date of payment at any time and he will
-then be entitled to proper conveyance.
-All sales shall be held at the county seat of the county in which
-the land to be sold is situated, and shall be at public auction and to
-the highest bidder, and notice of such sale shall be published once
-each week for a period of three weeks prior to the day of sale in
-a legal newspaper published nearest the land and in the newspaper
-designated for the publication of the official proceedings and legal
-notices within the county in which said land is situated.
-No grant or patent for such lands shall issue until payment is
-made for the same; provided that the land contracted to be sold by
-the State shall be subject to taxation from the date of the contract.
-In case the taxes assessed against any of said lands for any year
-remain unpaid until the first Monday in October of the following
-year, the contract of sale for such land shall, if the Board of University
-and School Lands so determine, by it, be declared null and void.
-No contract of sale heretofore made under the provisions of said
-Section 158 of the Constitution as then providing shall be affected by
-this amendment, except prepayment of principal may be made as
-herein provided.
-Any of said lands that may be required for townsite purposes,
-school house sites, church sites, cemetery sites, sites for other educational
-or charitable institutions, public parks, air plane landing
-fields, fair grounds, public highways, railroad rightof-way, or other
-railroad uses and purposes, reservoirs for the storage of water for
-irrigation, irrigation canals, and ditches, drainage ditches, or for any
-of the purposes for which private lands may be taken under the right
-of eminent domain under the Constitution and Laws of this state,
-may be sold under the provisions of this Article, and shall be paid
-for in full at the time of sale, or at any time thereafter as herein
-provided. Any of said lands and any other lands controlled by the
-Board of University and School Lands, may, with the approval of
-said Board, be exchanged for lands of the United States, the State
-of North Dakota or any county or municipality thereof as the Legislature
-may provide, and the lands so acquired shall be subject to
-the trust to which the lands exchanged therefor were subject, and
-the State shall reserve all mineral and water power rights in lands
-so transferred.
-When any of said lands have been heretofore or may be hereafter
-sold on contract, and the purchaser or his heirs or assigns is unable
-to pay in full for the land purchased within twenty years after the
-date of purchase and such contract is in default and subject to being
-declared null and void as by law provided, the Board of University
-and School Lands may, after declaring such contract null and void,
-resell the land described in such contract to such purchaser, his
-heirs or assigns, for the amount of the unpaid principal, together
-with interest thereon reckoned to the date of such resale at the rate
-of not less than three (3%) per cent, but in no case shall the resale
-price he more than the original sale price; such contract of resale
-shall be upon the terms herein provided, provided this seetion shall
-be deemed self-executing insofar as the provisions for resale herein
-made are concerned.
-Sec. 159. All land, money or other property donated, granted or received from
-the United States or any other source for a University, School of Mines, Reform
-School, Agricultural College, Deaf and Dumb Asylum, Normal School or other
-educational or charitable institution or purpose, and the proceeds of all such
-lands and other property so received from any source, shall be and remain
-perpetual funds, the interest and income of which together with the rents of all
-such land as may remain unsold shall be inviolably appropriated and applied to
-the specific objects of the original grants or gifts. The principal of every
-such fund may be increased but shall never be diminished, and the interest and
-income only shall be used. Every such fund shall be deemed a trust fund held by
-the state, and the state shall make good all losses thereof.
-Sec. 160. All lands mentioned in the preceding section shall be appraised and
-sold in the same manner and under the same limitations and subject to all the
-conditions as to price and sale as provided above for the appraisal and sale of
-lands for the benefit of common schools; but a distinct and separate account
-shall be kept by the proper officers of each of said funds; Provided, That the
-limitations as to the time in which school land may be sold shall apply only to
-lands granted for the support of common schools.
-Sec. 161. The legislative assembly shall have authority to provide by law for
-the leasing of lands granted to the state for educational and charitable
-purposes; but no such law shall authorize the leasing of said lands for a longer
-period than five years. Said lands shall only be leased for pasturage and meadow
-purposes and at a public auction after notice as heretofore provided in case of
-sale; provided, that all of said school lands now under cultivation may be
-leased, at the discretion and under the control of the Board of University and
-School Lands, for other than pasturage and meadow purposes until sold. All rents
-shall be paid in advance.
-Provided, further, that coal lands may also be leased for agricultural
-cultivation upon such terms and conditions and for such a period, not exceeding
-five years, as the legislature may provide.
-Sec. 162. The moneys of the permanent school fund and other educational funds
-shall be invested only in bonds of school corporations or of counties, or of
-townships, or of municipalities within the state, bonds issued for the
-construction of drains under authority of law within the state, bonds of the
-United States, bonds of the state of North Dakota, or on first mortgages on farm
-lands in this state to the extent such mortgages are guaranteed or insured by
-the United States or any instrumentality thereof, or if not so guaranteed or
-insured, not exceeding in amount one-half of the actual value of any subdivision
-on which the same may be loaned such value to be determined by the board of
-appraisal of school lands.
-Sec. 163. No law shall ever be passed by the Legislative Assembly granting to
-any person, corporation or association any privileges by reason of the
-occupation, cultivation or improvement of any public lands by said person,
-corporation or association subsequent to the survey thereof by the general
-government. No claim for the occupation, cultivation or improvement of any
-public lands shall ever be recognized, nor shall such occupation, cultivation or
-improvement of any public lands ever be used to diminish either directly or
-indirectly the purchase price of said lands.
-Sec. 164. The Legislative Assembly shall have authority to provide by law for
-the sale or disposal of all public lands that have been heretofore, or may
-hereafter be granted by the United States to the state for purposes other than
-set forth and named in sections 153 and 159 of this article. And the Legislative
-Assembly in providing for the appraisement, sale, rental and disposal of the
-same shall not be subject to the provisions and limitations of this article.
-Sec. 165. The Legislative Assembly shall pass suitable laws for the safekeeping,
-transfer and disbursement of the state school funds; and shall require all
-officers charged with the same or the safe keeping thereof to give ample bonds
-for all moneys and funds received by them, and if any of said officers shall
-convert to his own use in any manner or form, or shall loan with or without
-interest or shall deposit in his own name, or otherwise than in the name of the
-state of North Dakota or shall deposit in any banks or with any person or
-persons, or exchange for other funds or property any portion of the school funds
-aforesaid or purposely allow any portion of the same to remain in his own hands
-uninvested except in the manner prescribed by law, every such act shall
-constitute an embezzlement of so much of the aforesaid school funds as shall be
-thus taken or loaned, or deposited, or exchanged, or withheld and shall be a
-felony; and any failure to pay over, produce or account for, the state school
-funds or any part of the same entrusted to any such officer, as by law required
-or demanded, shall be held and be taken to be prima facie evidence of such
-embezzlement.
-===== ARTICLE X.  COUNTY AND TOWNSHIP ORGANIZATION. =====
-Sec. 166. The several counties in the Territory of Dakota lying north of the
-Seventh Standard Parallel, as they now exist, are hereby declared to be counties
-of the State of North Dakota.
-Sec. 167. The Legislative Assembly shall provide by general law for organizing
-new counties, locating county seats thereof temporarily, and changing the county
-lines; but no new county shall be organized, nor shall any organized county be
-so reduced as to include an area of less than twenty-four congressional
-townships, and containing a population of less than five thousand bona fide
-inhabitants.  And in the organization of new counties and in changing the lines
-of organized counties and boundaries of congressional townships the natural
-boundaries shall be observed as nearly as may be.
-The Legislative Assembly shall also provide by general law for the consolidation
-of counties, and for their dissolution, but no counties shall be consolidated
-without a fifty-five per cent vote of those voting on the question in each
-county affected, and no county shall be dissolved without a fifty-five per cent
-vote of the electors of such county voting on such question.
-Sec. 168. All changes in the boundaries of organized counties before taking
-effect shall be submitted to the electors of the county or counties, to be
-effected thereby at a general election and be adopted by a majority of all the
-legal votes cast in each county at such election; and in case any portion of an
-organized county is stricken off and added to another, the county to which such
-portion is added shall assume and be holden for an equitable proportion of the
-indebtedness of the county so reduced.
-Sec. 169. The Legislative Assembly shall provide by general law for changing
-county seats in organized counties, but it shall have no power to remove the
-county seat of any organized county.
-Sec. 170. The Legislative Assembly shall provide by law for optional forms of
-government for counties, which forms shall be, in addition to that form provided
-by Sections 172 and 173 of the Constitution, and which forms shall specify the
-number, functions and manner of selection of county officers, but no such
-optional form of government shall become operative in any county until submitted
-to the electors thereof at a special election or a general election, and
-approved by fiftyfive per cent of those voting thereon. The manner of
-exercising the powers herein granted shall be by general laws, but such laws
-shall provide that the initiative for the submission of the question of the
-adoption of one of the optional forms of county government may be had either by
-a vote of not less than two-thirds of the county legislative body or upon
-petition of electors of the county equal to at least fifteen per centum of the
-total number of voters of the county who voted for Governor at the last general
-election.  Among the optional forms of county government to be provided by the
-Legislative Assembly under this provision, at least one form shall provide for a
-county manager.
-Sec. 171. [Repealed Jun. 25, 1940]
-Sec. 172. Until one of the optional forms of county government provided by the
-Legislative Assembly under Section I70 of the Constitution, as amended, be
-adopted by any county, the fiscal affairs of said county shall be transacted by
-a board of county commissioners.  Said board shall consist of not less than
-three and not more than five members whose terms of office shall be prescribed
-by law. Said board shall hold sessions for the transaction of county business,
-as shall be provided by law.
-Sec. 173. There shall be elected in each county, organized under the provisions
-of section 172 of the Constitution of the state of North Dakota, a register of
-deeds, county auditor, treasurer, sheriff, state's attorney, county judge and a
-clerk of the district court, who shall be electors in the county in which they
-are elected and who shall hold their office for a term of four years and until
-their successors are elected and qualified; provided in counties having fifteen
-thousand population or less, the county judge shall also be clerk of the
-district court; provided further that in counties having population of six
-thousand or less the register of deeds shall also be clerk of the district court
-and county judge. This amendment shall be construed as applying to the officers
-elected at the general election in 1962. This amendment shall be self-executing,
-but legislation may be enacted to facilitate its operation.
-===== ARTICLE XI. REVENUE AND TAXATION. =====
-Sec. 174. The Legislative Assembly shall provide for raising revenue sufficient
-to defray the expenses of the state for each year, not to exceed in any one year
-four (4) mills on the dollar of the assessed valuation of all taxable property
-in the state, to be ascertained by the last assessment made for state and
-county purposes, and also a sufficient sum to pay the interest on the state
-debt.
-Sec. 175. No tax shall be levied except in pursuance of law, and every law
-imposing a tax shall state distinctly the object of the same, to which only it
-shall be applied. Notwithstanding the foregoing or any other provisions of this
-Constitution, the legislative assembly, in any law imposing a tax or taxes on,
-in respect to or measured by income, may define the income on, in respect to or
-by which such tax or taxes are imposed or measured or may define the tax itself
-by reference to any provision of the laws of the United States as the same may
-be or become effective at any time or from time to time, and may prescribe
-exceptions or modifications to any such provision.
-Sec. 176. Taxes shall be uniform upon the same class of property; including
-franchises within the territorial limits of the authority levying the tax. The
-legislature may by law exempt any or all classes of personal property from
-taxation and within the meaning of this section, fixtures, buildings and
-improvements of every character, whatsoever, upon land shall be deemed personal
-property. The property of the United States and of the state, county and
-municipal corporations and property used exclusively for school, religious,
-cemetery, charitable or other public purposes shall be exempt from taxation.
-Except as restricted by this Article, the legislature may provide for raising
-revenue and fixing the situs of all property for the purpose of taxation.
-Provided that all taxes and exemptions in force when this amendment is adopted
-shall remain in force until otherwise provided by statute.
-Sec. 177. The legislature may by law provide for the levy and collection of an
-acreage tax on lands within the state in addition to the limitations specified
-in Section 174 in Article 11 of the Constitution. The proceeds of such tax
-shall be used to indemnify the owners of growing crops against damages by hail,
-provided that lands used exclusively for public roads, rights of way of common
-carriers, mining, manufacturing or pasturage may be exempt from such tax.
-Sec. 178. The power of taxation shall never be surrendered or suspended by any
-grant or contract to which the State or any county or other municipal
-corporation shall be a party.
-Sec. 179. All taxable property except as hereinafter in this section provided,
-shall be assessed in the county, city, township, village or district in which it
-is situated, in the manner prescribed by law. The property, including franchises
-of all railroads operated in this state, and of all express companies, freight
-line companies, dining car companies, sleeping car companies, car equipment
-companies, or private car line companies, telegraph or telephone companies, the
-property of any person, firm or corporation used for the purpose of furnishing
-electric light, heat or power, or in distributing the same for public use, and
-the property of any other corporation, firm or individual now or hereafter
-operating in this state, and used directly or indirectly in the carrying of
-persons, property or messages, shall be assessed by the State Board of
-Equalization in a manner prescribed by such state board or commission as may be
-provided by law. But should any railroad allow any portion of its railway to be
-used for any purpose other than the operation of a railroad thereon, such
-portion of its railway, while so used shall be assessed in a manner provided for
-the assessment of other real property.
-Sec. 180. The Legislative Assembly may provide for the levy, collection and
-disposition of an annual poll tax of not more than one dollar and fifty cents
-($1.50) on every male inhabitant of this state over twenty-one and under fifty
-years of age, except paupers, idiots, insane persons and Indians not taxed.
-Sec. 181. The Legislative Assembly shall pass all laws necessary to carry out
-the provisions of this article.
-===== ARTICLE XII.  Public Debt and Public Works. =====
-Sec. 182. The State may issue or guarantee the payment of bonds, provided that
-all bonds in excess of two million dollars shall be secured by first mortgage
-upon real estate in amounts not to exceed one-half of its value; or upon real
-and personal property of state owned utilities, enterprises or industries, in
-amounts not exceeding its value, and provided further, that the state shall not
-issue or guarantee bonds upon property of state owned utilities, enterprises or
-industries in excess of ten million dollars.
-No further indebtedness shall be incurred by the state unless evidenced by a
-bond-issue, which shall be authorized by law for certain purposes, to be clearly
-defined. Every law authorizing a bond issue shall provide for levying an annual
-tax, or make other provision, sufficient to pay the interest semi-annually, and
-the principal within thirty years from the date of the issue of such bonds, and
-shall specially appropriate the proceeds of such tax, or of such other
-provisions to the payment of said principal and interest, and such appropriation
-shall not be repealed nor the tax or other provisions discontinued until such
-debt, both principal and interest, shall have been paid. No debt in excess of
-the limit named herein shall be incurred except for the purpose of repelling
-invasion, suppressing insurrection, defending the state in time of war or to
-provide for the public defense in case of threatened hostilities.
-Section 183. The debt of any county, township, city, town, school district or
-any other political subdivision, shall never exceed the per centum upon the
-assessed value of the taxable property therein; provided that any incorporated
-city may, by a two-thirds vote, increase such indebtedness three per centum on
-such assessed value beyond said five per centum limit, and a school district, by
-a majority vote may increase such indebtedness five per cent on such assessed
-value beyond said five per centum limit; provided also that any county or city
-by a majority vote may issue bonds upon any revenue producing utility owned by
-such county or city, or for the purchasing or acquiring the same or building or
-establishment thereof, in amounts not exceeding the physical value of such
-utility, industry or enterprise.
-In estimating the indebtedness which a city, county, township, school district
-or any other political subdivision may incur, the entire amount, exclusive of
-the bonds upon said revenue producing utilities, whether contracted prior or
-subsequent to the adoption of this constitution, shall be included; provided
-further that any incorporated city may become indebted in any amount not
-exceeding four per centum of such assessed value without regard to the existing
-indebtedness of such city for the purpose of constructing or purchasing
-waterworks for furnishing a supply of water to the inhabitants of such city, or
-for the purpose of constructing sewers, and for no other purpose whatever. All
-bonds and obligations in excess of the amount of indebtedness permitted by this
-constitution, given by any city, county, township, town, school district, or any
-other political subdivision shall be void.
-Sec. 184. Any city, county, township, town, school district or any other
-political subdivision incurring indebtedness shall, at or before the time of so
-doing, provide for the collection of an annual tax sufficient to pay the
-interest and also the principal thereof when due, and all laws or ordinances
-providing for the payment of the interest or principal of any debt shall be
-irrepealable until such debt be paid.
-Sec. 185. The state, any county or city may make internal improvements and may
-engage in any industry, enterprise or business not prohibited by Article 20 of
-the Constitution, but neither the state nor any political subdivision thereof
-shall otherwise loan or give its credit or make donations to or in aid of any
-individual, association or corporation except for reasonable support of the
-poor, nor subscribe to or become the owner of capital stock in any association
-or corporation.
-Sec. 186. (1.) All public moneys, from whatever source derived,
-shall be paid over monthly by the public official, employee, agent, director,
-manager, board, bureau, or institution of the State receiving
-the same, to the State Treasurer, and deposited by him to the credit
-of the State, and shall be paid out and disbursed only pursuant to
-appropriation first made by the Legislature; provided, however, that
-there is hereby appropriated the necessary funds required in the
-financial transactions of the Bank of North Dakota, and required
-for the payment of losses, duly approved, payable from the State
-Hail Insurance Fund, State Bonding Fund, and State Fire and Tor-
-nado Fund, and required for the payment of compensation to in-
-jured employees or death claims, duly approved, payable from the
-Workmens Compensation Fund, and required for authorized investments
-made by the Board of University and School Lands, and
-required for the financial operations of the State Mill and Elevator
-Association, and required for the payment of interest and principal
-of bonds and other fixed obligations of the State, and required for
-payments required by law to be paid to beneficiaries of the Teachers'
-Insurance and Retirement Fund, and required for refunds made
-under the provisions of the Retail Sales Tax Act, and the State
-Income Tax Law, and the State Gasoline Tax Law, and the Estate
-and Succession Tax Law, and the income of any State institution
-derived from permanent trust funds, and the funds allocated under
-the law to the State Highway Department and the various counties
-for the construction, reconstruction, and maintenance of public
-roads.
-This constitutional amendment shall not be construed to apply
-to fees and moneys received in connection with the licensing and organization
-of physicians and surgeons, pharmacists, dentists, osteopaths,
-optometrists, embalmers, barbers, lawyers, veterinarians,
-nurses, chiropractors, accountants, architects, hairdressers, Chiropodists,
-and other similarly organized, licensed trades and professions;
-and this constitutional amendment shall not be construed to amend
-or repeal existing laws or acts amendatory thereof concerning such
-fees and moneys.
-(2.) No bills, claims, accounts, or demands against the State
-or any county or other political subdivision shall be audited, allowed,
-or paid until a full itemized statement in writing shall be filed with
-the officer or officers whose duty it may be to audit the same, and
-then only upon warrant drawn upon the Treasurer of such funds
-by the proper officer or officers.
-(3.) This amendment shall become effective on July 1, 1939.
-Sec. 187. No bond or evidence of indebtedness of the state shall be valid unless
-the same shall have indorsed thereon a certificate, signed by the Auditor and
-Secretary of State showing that the bond or evidence of debt is issued pursuant
-to and is within the debt limit. No bond or evidence of debt of any county, or
-bond of any township or other political subdivision shall be valid unless the
-same have endorsed thereon a certificate signed by the county auditor, or other
-officer authorized by law to sign such certificate, stating that said bond, or
-evidence of debt, is issued pursuant to law and is within the debt limit.
-===== ARTICLE XIII.  MILITIA. =====
-Sec. 188. The milita of this State shall consist of all able- bodied male
-persons residing in the state, between the ages of eighteen and forty-five
-years, except such as may be exempted by the laws of the United States or of
-this State. Persons whose religions tenets or conscientious scruples forbid them
-to bear arms shall not be compelled to do so in times of peace, but shall pay an
-equivalent for a personal service.
-Sec. 189. The milita shall be enrolled, organized, uniformed, armed and
-disciplined in such a manner as shall be provided by law, not incompatible with
-the Constitution or laws of the United States.
-Sec. 190. The Legislative Assembly shall provide by law for the establishment
-of volunteer organizations of the several arms of the service, which shall be
-classed as active militia; and no other organized body of armed men shall be
-permitted to perform military duty in this State except the army of the United
-States without the proclamation of the Governor of the State.
-Sec. 191. All militia officers shall be appointed or elected in such a manner as
-the Legislative Assembly shall provide.
-Sec. 192. The commissioned officers of the militia shall be commissioned by the
-Governor, and no commissioned officer shall be removed from office except by
-sentence of court martial, pursuant to law.
-Sec. 193. The militia forces shall in all cases, except treason, felony or
-breach of the peace, be privileged from arrest during their attendance at
-musters, parades and elections of officers, and in going to and returning from
-the same.
-===== ARTICLE XIV.  Impeachment and Removal from Office. =====
-Sec. 194. The House of Representatives shall have the sole power of impeachment.
-The concurrence of a majority of all members elected shall be necessary to an
-impeachment.
-Sec. 195. All impeachments shall be tried by the senate.  When sitting for that
-purposes the senators shall be upon oath or affirmation to do justice according
-to the law and evidence. No person shall be convicted without the concurrence of
-two-thirds of the members elected. When the Governor or Lieutenant Governor is
-on trial, the presiding judge of the supreme court shall preside.
-Sec. 196. The Governor and other state and judicial officers, except county
-judges, justices of the peace, and police magistrates, shall be liable to
-impeachment for habitual drunkenness, crimes, corrupt conduct, or malfeasance
-or misdemeanor in office, but judgment in such cases shall not extend further
-than removal from office and disqualification to hold any office of trust, or
-profit under the state. The person accused, whether convicted or acquitted,
-shall nevertheless be liable to indictment, trial, judgment and punishment
-according to law.
-Sec. 197. All officers not liable to impeachment shall be subject to removal
-for misconduct, malfeasance, crime or misdemeanor in office, or for habitual
-drunkenness or gross incompetency in such manner as may be provided by law.
-Sec. 198. No officer shall exercise the duties of his office after he shall have
-been impeached and before his acquittal.
-Sec. 199. On trial of impeachment against the Governor, the Lieutenant Governor
-shall not act as a member of the court.
-Sec. 200. No person shall be tried on impeachment before he shall have been
-served with a copy thereof, at least twenty days previous to the day set for
-trial.
-Sec. 201. No person shall be liable to impeachment twice for the same offense.
-===== ARTICLE XV.  Future Amendments. =====
-Sec. 202. Any amendment or amendments to the constitution of the state may
-be proposed in either house of the legislature, and if the same shall
-be agreed to upon roll call by a majority of the members elected to
-each house, it shall be submitted to the electors and if a majority of
-the votes cast thereon are affirmative, such amendment shall be a
-part of this constitution.
-Amendments to the constitution of the state may also be proposed
-by an initiative petition of the electors; such petition shall
-be signed by twenty thousand electors at large and shall be filed
-with the Secretary of State at least one hundred twenty days prior
-to the election at which they are to be voted upon, and any amendment,
-or amendments so proposed, shall be submitted to the electors
-and become a part of the constitution, if a majority of the votes
-cast thereon are affirmative. All provisions of the constitution relating
-to the submission and adoption of measures by initiative
-petition, and on referendum petition shall apply to the submission
-and adoption of amendments to the constitution of the state.
-===== ARTICLE XVI.  COMPACT WITH THE UNITED STATES. =====
-The following article shall be irrevocable without the consent of the United
-States and the people of this State.
-Sec. 203.
-First. Perfect toleration of religious sentiment shall be secured, and no
-inhabitant of this state shall ever be molested in person or property on
-account of his or her mode of religious worship.
-Second. The people inhabiting this state do agree and declare that
-they forever disclaim all right and title to the unappropriated public lands
-lying within the boundaries thereof, and to all lands lying within said limits
-owned or held by any Indian or Indian tribes, and that until the title thereto
-shall have been extinguished by the United States, the same shall be and remain
-subject to the disposition of the United States, and that said Indian lands
-shall remain under the absolute jurisdiction and control of the Congress of the
-United States, provided, however, that the Legislative Assembly of the state of
-North Dakota may, upon such terms and conditions as it shall adopt, provide for
-the acceptance of such jurisdiction as may be delegated to the state by act of
-Congress; that the lands belonging to citizens of the United States residing
-without this state shall never be taxed at a higher rate than the lands
-belonging to residents of this state; that no taxes shall be imposed by this
-state on lands or property therein, belonging to, or which may hereafter be
-purchased by the United States or reserved for its use. But nothing in this
-article shall preclude this state from taxing as other lands are taxed, any
-lands owned or held by any Indian who has severed his tribal relations, and has
-obtained from the United States or from any person, a title thereto, by patent
-or other grant, save and except such lands as have been or may be granted to any
-Indian or Indians under any acts of Congress containing a provision exempting
-the lands thus granted from taxation, which last mentioned lands shall be exempt
-from taxation so long, and to such an extent, as is, or may be provided in the
-act of Congress granting the same.
-Third. In order that payment of the debts and liabilities contracted or incurred
-by and in behalf of the Territory of Dakota may be justly and equitably provided
-for and made, and in pursuance of the requirements of an act of congress approved
-February 22, 1889, entitled "An act to provide for the division of Dakota into
-two states and to enable the people of North Dakota, South Dakota, Montana and
-Washington to form constitutions and state governments and to be admitted into
-the Union on an equal footing with the original states, and to make donations of
-public lands to such states," the states of North Dakota and South Dakota, by
-proceedings of a joint commission, duly appointed under said act, the sessions
-whereof were held at Bismarck in said State of North Dakota, from July 16, 1889,
-to July 31, 1889, inclusive, have agreed to the following adjustment of the
-amounts of the debts and liabilities of the Territory of Dakota which shall be
-assumed and paid by each of the States of North Dakota and South Dakota,
-respectively, to-wit: This agreement shall take effect and be in force from and
-after the admission into the Union, as one of the United States of America, of
-either the State of North Dakota or the State of South Dakota.
-The words "State of North Dakota" wherever used in this agreement, shall be
-taken to mean the Territory of North Dakota in case the State of South Dakota
-shall be admitted into the Union prior to the admission into the Union of the
-State of North Dakota; and the words "State of South Dakota," wherever used in
-this agreement, shall be taken to mean the Territory of South Dakota in case the
-State of North Dakota shall be admitted into the Union prior to the admission
-into the Union of the State of South Dakota.
-The said State of North Dakota shall assume and pay all bonds issued by the
-Territory of Dakota to provide funds for the purchase, construction, repairs or
-maintenance of such public institutions, grounds or buildings as are located
-within the boundaries of North Dakota, and shall pay all warrants issued under
-and by virtue of that certain Act of the Legislative Assembly of the Territory
-of Dakota, approved March 8, 1889, entitled "An Act to provide for the refunding
-of outstanding warrants drawn on the Capitol Building Fund."
-The said State of South Dakota shall assume and pay all bonds issued by the
-Territory or Dakota to provide funds for the purchase, construction, repairs or
-maintenance of such public institutions, grounds or buildings as are located
-within the boundaries of South Dakota.
-That is to say: The State of North Dakota shall assume and pay the following
-bonds and indebtedness, to-wit:
-Bonds issued on account of the Hospital for Insane at Jamestown, North Dakota,
-the face aggregate of which is $266,000; also bonds issued on account of the
-North Dakota University at Grand Forks, North Dakota, the face aggregate of
-which is $96,700; also, bonds issued on account of the Penitentiary at Bismarck,
-North Dakota, the face aggregate of which is $93,600; also, refunding Capitol
-Building warrants dated April 1, 1889, $83,507.46.
-And the State of South Dakota shall assume and pay the following bonds and
-indebtedness, to-wit:
-Bonds issued on account of the Hospital for the Insane at Yankton, South Dakota,
-the face aggregate of which is $210,000; also, bonds issued on account of the
-School for Deaf Mutes, at Sioux Falls, South Dakota, the face aggregate of which
-is $51,000; also, bonds issued on account of the University at Vermillion, South
-Dakota, the face aggregate of which is $75,000; also, bonds issued on account of
-the Penitentiary at Sioux Falls, South Dakota, the face aggregate of which is
-$94,300; also, bonds issued on account of the Agricultural College at Brookings,
-South Dakota, the face aggregate of which is $97,500; also, bonds issued on
-account of the Normal School at Madison, South Dakota, the face aggregate of
-which is $49,400; also, bonds issued on account of the School of Mines at Rapid
-City, South Dakota, the face aggregate of which is $33,000; also, bonds issued
-on account of the Reform School at Plankinton, South Dakota, the face aggregate
-of which is $30,000; also, bonds issued on account of the Normal School at
-Spearfish, South Dakota, the face aggregate of which is $25,000; also bonds
-issued on account of the Soldiers' Home at Hot Springs, South Dakota, the face
-aggregate of which is $45,000.
-The States of North Dakota and South Dakota shall pay one- half each of all
-liabilities now existing or hereafter and prior to the taking effect of this
-agreement incurred, except those hereto fore or hereafter incurred on account of
-public institutions, grounds or buildings, except as otherwise herein
-specifically provided.
-The State of South Dakota shall pay to the State of North Dakota $46,500, on
-account of the excess of Territorial appropriations for the permanent
-improvement of territorial institutions which under this agreement will go to
-South Dakota, and in full of the undivided one-half interest of North Dakota in
-the territorial library, and iu full settlement of unbalanced accounts, and of
-all claims against the territory, of whatever nature, legal or equitable,
-arising out of the alleged erroneous or unlawful taxation of Northern Pacific
-Railroad lands, and the payment of said amount shall discharge and exempt the
-State of South Dakota from all liability for or on account of the several
-matters herein before referred to; nor shall either state be called upon to pay
-or answer to any portion of liability hereafter arising or accruing on account
-of transactions heretofore had, which liability would be a liability of the
-Territory of Dakota had such territory remained in existence, and which
-liability shall grow out of matters connected with any public institutions,
-grounds or buildings of the territory situated or located within the boundaries
-of the other state.
-A final adjustment of accounts shall be made upon the following basis: North
-Dakota shall be charged with all sums paid on account of the public
-institutions, grounds or buildings located within its boundaries on account of
-the current appropriations since March 9, 1889, and South Dakota shall be
-charged with all sums paid on account of public institutions, grounds or
-buildings located within its boundaries on the same account and during the same
-time. Each state shall be charged with one-half of all other expenses of the
-territorial government during the same time.  All moneys paid into the treasury
-during the period from March 8, 1889, to the time of taking effect of this
-agreement by any county, municipality or person within the limits of the
-proposed state of North Dakota, shall be credited to the State of North Dakota;
-and all sums paid into said treasury within the same time by any county,
-municipality or person within the limits of the proposed State of South Dakota
-shall be credited to the State of South Dakota; except that any and all taxes on
-gross earnings paid into said treasury by railroad corporations, since the 8th
-day of March, 1889, based upon earnings of years prior to 1888, under and by
-virtue of the act of the Legislative Assembly of the Territory of Dakota,
-approved March 7, 1889, and entitled "An Act providing for the levy and
-collection of taxes upon property of railroad companies in this Territory,"
-being Chapter 107 of the Session Laws of 1889, (that is, the part of such sums
-going to the Territory) shall be equally divided between the States of North
-Dakota and South Dakota; and all taxes heretofore or here after paid into said
-treasury under and by virtue of the act last mentioned, based on the gross
-earnings of the year 1888, shall be distributed as already provided by law,
-except that so much thereof as goes to the territorial treasury shall be divided
-as fol lows: North Dakota shall have so much thereof as shall be or has been
-paid by railroads within the limits of the proposed State of North Dakota, and
-South Dakota so much thereof as shall be or has been paid by railroads within
-the limits of the proposed State of South Dakota; each state shall be credited
-also with all balances of appropriations made by the Seventeenth Legislative
-Assembly of the Territory of Dakota for the account of the public institutions,
-grounds or buildings situated within its limits, remaining unexpended on March
-, 1889. If there shall be any indebtedness except the indebtedness represented
-by the bonds and refunding warrants hereinbefore mentioned, each state shall at
-the time of such final adjustment of accounts, assume its share of said
-indebtedness as determined by the amount paid on account of the public
-institutions, grounds or buildings of such state in excess of the receipts from
-counties, municipalities, railroad corporations or persons within the limits of
-said state, as provided in this article ; and if there should be a surplus at
-the time of such final adjustment, each state shall be entitled to the amounts
-received from counties, municipalities, railroad corporations or persons within
-its limits over and above the amount charged it.  And the State of North Dakota
-hereby obligates itself to pay such part of the debts and liabilities of the
-Territory of Dakota as is declared by the foregoing agreement to be its
-proportion thereof, the same as if such proportion had been originally created
-by said State of North Dakota as its own debt or liability.
-Sec. 204. Jurisdiction is ceded to the United States over the military
-reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina and Fort Totten,
-heretofore declared by the President of the United States; Provided, Legal
-process, civil and criminal, of this state, shall extend over such reservations
-in all cases in which exclusive jurisdiction is not vested in the United States,
-or of crimes not committed within the limits of such reservations.  Sec. 205.
-The State of North Dakota hereby accepts the several grants of land granted by
-the United States to the State of North Dakota by an act of congress entitled
-"An act to provide for the division of Dakota into two states, and to enable the
-people of North Dakota, South Dakota, Montana and Washington to form
-Constitutions and state governments, and to be admitted into the Union on equal
-footing with the original states, and to make donations of public lands to such
-states," under the conditions and limitations therein mentioned; reserving the
-right however to apply to congress for modifications of said conditions and
-limitations in case of necessity.
-===== ARTICLE XVII.  MISCELLANEOUS. =====
-Sec. 206. The name of this state shall be "North Dakota." The State of North
-Dakota shall consist of all the territory included within the following
-boundaries, to-wit: Commencing at a point in the main channel of the Red River
-of the north, where the forty-ninth degree of north latitude crosses the same;
-thence south up the main channel of the same and along the boundary line of the
-State of Minnesota to a point where the Seventh Standard parallel intersects the
-same; thence west along said Seventh Standard parallel produced due west to a
-point where it intersects the twenty-seventh meridian of longitude west from
-Washington; thence north on said meridian to a point where it intersects the
-forty-ninth degree of north latitude; thence east along said line to place of
-beginning.
-Sec. 207. The following described seal is hereby declared to be and hereby
-constituted the Great Seal of the State of North Dakota, to-wit: A tree in the
-open field, the trunk of which is surrounded by three bundles of wheat; on the
-right a plow, anvil and sledge; on the left a bow crossed with three arrows, and
-an Indian on horseback pursuing a buffalo towards the setting sun; the foliage
-of the tree arched by a half circle of forty two stars, surrounded by the motto
-"Liberty and Union, Now and Forever, One and Inseparable;" the words "Great
-Seal" at the top; the words "State of North Dakota" at the bottom ; "October
-st" on on the left and "1889" on the right. The seal to be two and one-half
-inches in diameter.
-Sec. 208. The right of the debtor to enjoy the comforts and necessaries of life
-shall be recognized by wholesome laws, exempting from forced sale to all heads
-of families a homestead the value of which shall be limited and defined by law,
-and a reasonable amount of personal property; the kind and value shall be fixed
-by law. This section shall not be construed to prevent liens against the
-homestead for labor done and materials furnished in the improvement thereof, in
-such manner as may be prescribed by law.
-Sec. 209. The labor of children under twelve years of age, shall be prohibited
-in mines, factories and workshops in this state.
-Sec. 210. All flowing streams and natural water courses shall forever remain the
-property of the State for mining, irrigating and manufacturing purposes.
-Sec. 211. Members of the Legislative Assembly and judicial department except
-such inferior officers as may be by law exempted shall, before they enter on the
-duties of their respective offices, take and subscribe the following oath or
-affirmation: "I do solemnly swear (or affirm as the case may be) that I will
-support the Constitution of the United States and the Constitution of the State
-of North Dakota; and that I will faithfully discharge the duties of the office
-of according to the best of my ability, so help me God," (if an oath), (under
-pains and penalties of perjury), if an affirmation, and no other oath,
-declaration, or test shall be required as a qualification for any office or
-public trust.
-Sec. 212. The exchange of "black lists" between corporations shall be
-prohibited.
-Sec. 213. The real and personal property of any woman in this State, acquired
-before marriage, and all property to which she may after marriage become in any
-manner rightfully entitled, shall be her separate property and shall not be
-liable for the debts of her husband.
-===== ARTICLE XVIII.  CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. =====
-Sec. 214. Until otherwise provided by law, the member of the House of
-Representatives of the United States apportioned to this State, shall be elected
-at large.
-Until otherwise provided by law, the Senatorial and Representative Districts
-shall be formed, and the senators and the representatives shall be apportioned
-as follows:
-The First District shall consist of the townships of Walhalla, St. Joseph,
-Neche, Pembina, Bathgate, Carlisle, Joliet, Midland, Lincoln and Drayton, in the
-county of Pembina, and be entitled to one senator and two representatives.
-The Second District shall consist of the townships of St. Thomas, Hamilton,
-Cavalier, Akra, Beaulien, Thingvalla, Gardar, Park, Crystal, Elora and Lodema,
-in the county of Pembina, and be entitled to one senator and two
-representatives.
-The Third District shall consist of the townships of Perth, Latona, Adams,
-Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon, Golden, Lampton,
-Eden, Rushford, Kensington, Dundee, Ops, Prairie Center, Fertile, Park River and
-Glenwood, in the county of Walsh, and be entitled to one senator and two
-representatives.
-The Fourth District shall consist of the townships of Forest River, Walsh
-Center, Grafton, Farmington, Ardock, Village of Ardock, Harrison, City of
-Grafton, Oakwood, Martin, Walshville, Pulaski, Ackton, Minto and St. Andrews, in
-the county of Walsh, and be entitled to one senator and three representatives.
-The Fifth District shall consist of the townships of Gilby, Johnstown, Strabane,
-Wheatfield, Hegton, Arvilla, Avon, Northwood, Lind, Grace, Larimore, and the
-city of Larimore, Elm Grove, Agnes, Inkster, Elkmount, Oakwood, Niagara,
-Moraine, Logan and Loretta in the county of Grand Forks, and be entitled to one
-senator and two representatives.
-The Sixth District shall consist of the Third, Fourth, Fifth and Sixth wards of
-the city of Grand Forks, as now constituted, and the townships of Falconer,
-Harvey, Turtle River, Ferry, Rye, Blooming, Meckinock, Lakeville and Levant in
-the county of Grand Forks and be entitled to one senator and two
-representatives.
-The Seventh District shall consist of the First and Second wards of the city of
-Grand Forks, as now constituted, and the townships of Grand Forks, Brenna,
-Oakville, Chester, Pleasant View, Fairfield, Allendale, Walle, Bentru, Americus,
-Michigan, Union and Washington, in the county of Grand Forks, and be entitled to
-one senator and two representatives.
-The Eighth District shall consist of the county of Traill and be entitled to one
-senator and four representatives.
-The Ninth District shall consist of the township of Fargo and the City of Fargo
-in the County of Cass and the fractional township number 139 in range 48, and be
-entitled to one senator and two representatives.
-The Tenth District shall consist of the townships of Noble, Wiser, Harwood,
-Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin, Raymond, Mapleton,
-Warren, Norman, Elm River, Harmony, Durbin, Addison, Davenport, Casselton and
-the City of Casselton, in the County of Cass, and be entitled to one senator and
-three representatives.
-The Eleventh District shall consist of the townships of Webster, Rush River,
-Hunter, Arthur, Amenia, Everest, Maple River, Leonard, Dows, Erie, Empire,
-Wheatland, Gill, Walburg, Watson, Page, Rich, Ayr, Buffalo, Howes, Eldred,
-Highland, Rochester, Lake, Cornell, Tower, Hill, Clifton and Pontiac, in the
-County of Cass, and be entitled to one senator and three representatives.
-The Twelfth District shall consist of the county of Richland and be entitled to
-one senator and three representatives.
-The Thirteenth District shall consist of the county of Sargent and be entitled
-to one senator and two representatives.
-The Fourteenth District shall consist of the county of Ransom and be entitled to
-one senator and two representatives.
-The Fifteenth District shall consist of the county of Barnes and be entitled to
-one senator and two representatives.
-The Sixteenth District shall consist of the counties of Steele and Griggs and be
-entitled to one senator and two representatives.
-The Seventeenth District shall consist of the county of Nelson and be entitled
-to one senator and one representative.
-The Eighteenth District shall consist of the county of Cavalier and be entitled
-to one senator and two representatives.
-The Nineteenth District shall consist of the counties of Towner and Rolette and
-be entitled to one senator and one representative.
-The Twentieth District shall consist of the counties of Benson and Pierce and be
-entitled to one senator and two representatives.
-The Twenty-first District shall consist of the county of Ramsey and be entitled
-to one senator and two representatives.
-The Twenty-second District shall consist of the counties of Eddy, Foster and
-Wells and be entitled one senator and two representatives.
-The Twenty-third District shall consist of the county of Stutsman, and be
-entitled to one senator and two representatives.
-The Twenty-fourth District shall consist of the county of LaMoure, and be
-entitled to one senator and one representative.
-The Twenty-fifth District shall consist of the county of Dickey, and be entitled
-to one senator and two representatives.
-The Twenty-sixth District shall consist of the counties of Emmons, McIntosh,
-Logan and Kidder, and be entitled to one senator and two representatives.
-The Twenty-seventh District shall consist of the county of Burleigh, and be
-entitled to one senator and two representatives.
-The Twenty-eighth District shall consist of the counties of Bottineau and
-McHenry and be entitled to one senator and one representative.
-The Twenty-ninth District shall consist of the counties of Ward, McLean, and all
-the unorganized counties laying north of the Missouri river, and be entitled to
-one senator and one representative.
-The Thirtieth District shall consist of the counties of Morton and Oliver, and
-be entitled to one senator and two representatives.
-The Thirty-first District shall consist of the counties of Mercer, Stark and
-Billings and all the unorganized counties lying south of the Missouri river, and
-be entitled to one senator and one representative.
-===== ARTICLE XIX.  PUBLIC INSTITUTIONS. =====
-Sec. 215. The following public institutions of the State are permanently located
-at the places hereinafter named, each to have the lands specifically granted to
-it by the United States in the Act of Congress approved February 22, 1889, to be
-disposed of and used in such manner as the Legislative Assembly may prescribe
-subject to the limitations provided in the article on school and public lands
-contained in this Constitution.
-First: The seat of government at the City of Bismarck in the County of Burleigh.
-Second: The State University and the School of Mines at the city of Grand Forks,
-in the County of Grand Forks.
-Third: The North Dakota State University of Agriculture and Applied Science at
-the City of Fargo, in the County of Cass.
-Fourth: A State Normal School at the city of Valley City, in the County of
-Barnes, and the Legislative Assembly, in apportioning the grant of eighty
-thousand acres of land for normal schools made in the act of Congress referred
-to shall grant to the said Normal School at Valley City, as aforementioned,
-fifty thousand (50,000) acres, and said lands are hereby appropriated to said
-institution for that purpose.
-Fifth: The School for the Deaf and Dumb of North Dakota at the City of Devils
-Lake, in the County of Ramsey.
-Sixth: A State Training School at the City of Mandan, in the County of Morton.
-Seventh: A State Normal School at the City of Mayville, in the County of Traill,
-and the Legislative Assembly in apportioning the grant of lands made by Congress
-in the act aforesaid for State Normal Schools shall assign thirty thousand
-(30,000) acres to the institution hereby located at Mayville, and said lands are
-hereby appropriated for said purpose.
-Eighth: A State Hospital for the Insane at the City of Jamestown, in the County
-of Stutsman.  And the Legislative Assembly shall appropriate twenty thousand
-acres of the grant of lands made by the Act of Congress aforesaid for other
-educational and charitable institutions to the benefit and for the endowment of
-said institution, and there shall be located at or near the City of Grafton, in
-the County of Walsh, an institution for the Feeble Minded, on the grounds
-purchased by the Secretary of the Interior for a Penitentiary building.
-Sec. 216. The following named public institutions are hereby permanently located
-as hereinafter provided, each to have so much of the remaining grant of one
-hundred and seventy thousand (170,000) acres of land made by the United States
-for "other edu cational and charitable institutions" as is allotted by law,
-namely:
-First: A soldiers' home, when located, or such other charitable institution as
-the legislative assembly may determine, at Lisbon, in the County of Ransom, with
-a grant of forty thousand (40,000) acres of land.
-Second: The blind asylum shall be known as the North Dakota school for
-the blind and may be removed from the county of Pembina to such other location
-as may be determined by the board of administration to be in the best interests
-of the students of such institution and the state of North Dakota.
-Third: An industrial school and school for manual training, or such other
-educational or charitable Institution as the legislative assembly may provide,
-at the Town of Ellendale, in the County of Dickey, with a grant of forty
-thousand (40,000) acres.
-Fourth: A school of forestry, or such other institution as the legislative
-assembly may determine, at such place in one of the Counties of McHenry, Ward,
-Bottineau and Rolette, as the electors of the said counties may determine by an
-election for that purpose, to be held as provided by the legislative assembly.
-Fifth: A scientific school, or such other educational or charitable institution
-as the legislative assembly may prescribe, at the City of Wahpeton, County of
-Richland, with a grant of forty thousand (40,000) acres.
-Sixth: A state normal school at the City of Minot in the County of Ward.
-Seventh: (b) A state hospital for the insane at such place within this state as
-shall be selected by the legislative assembly, provided, that no other
-institution of a character similar to any one of those located by this Article
-shall be established or maintained without a revision of this Constitution.
-===== SCHEDULE. =====
-Section 1. That no inconvenience may arise from a change of territorial
-government to state government, it is declared that all writs, actions,
-prosecutions, claims and rights of individuals and bodies corporate shall
-continue as if no change of government had taken place, and all processes which
-may, be fore the organization of the judicial department under this
-Constitution, be issued under the authority of the Territory of Dakota shall be
-as valid as if issued in the name of the State.
-Sec. 2. All laws now in force in the Territory of Dakota, which are not
-repugnant to this Constitution, shall remain in force until they expire by their
-own limitations or be altered or repealed.
-Sec. 3. All fines, penalties, forfeitures and escheats accruing to the Territory
-of Dakota shall accrue to the use of the states of North Dakota and South Dakota
-and may be sued for and recovered by either of said states as necessity may
-require.
-Sec. 4. All recognizances, bonds, obligations or other undertakings heretofore
-taken, or which may be taken before the organization of the judicial department
-under this Constitution, shall remain valid, and shall pass over to, and may be
-prosecuted in the name of the state; all bonds, obligations or other
-undertakings executed to this territory, or to any officer in his official
-capacity, shall pass over to the proper state authority, and to their successors
-in office, for the uses therein respectively expressed, and may be sued for and
-recovered accordingly; all criminal prosecutions and penal actions which have
-arisen, or may arise before the organization of the judicial department, under
-this Constitution, <r which shall then be pending, may be prosecuted to judgment
-and execution in the name of the state.
-Sec. 5. All property, real and personal, and credits, claims and choses in
-action belonging to the Territory of Dakota at the time of the adoption of this
-Constitution, shall be vested in and become the property of the States of North
-Dakota and South Dakota.
-Sec. 6. Whenever any two of the judges of the Supreme court of the State,
-elected under the provisions of this Constitution shall have qualified in their
-offices, the causes then pending in the Supreme court of the Territory on appeal
-or writ of error from the district courts of any county or subdivision within
-the limits of this State, and the papers, records and proceedings of said court
-shall pass into the jurisdiction and possession of the Supreme court of the
-State, except as otherwise provided in the enabling act of Congress, and until
-so superseded the Supreme court of the Territory and the judges thereof shall
-continue, with like powers and jurisdiction, as if this Constitution had not
-been adopted. Whenever the judge of the district court of any district elected
-under the provisions of this Constitution shall have qualified in his office,
-the several causes then pending in the district court of the Territory within
-any county in such district, and the records, papers and proceedings of said
-district court, and the seal and other property pertaining thereto, shall pass
-into the jurisdiction and possession of the district court of the State for such
-county, except as provided in the enabling act of Congress, and until the
-district courts of this Territory shall be superseded in the manner aforesaid,
-the said district courts and the judges thereof shall continue with the same
-jurisdiction and power to be exercised in the same judicial districts respect
-ively as heretofore constituted under the laws of the Territory.
-Sec. 7. Until otherwise provided by law, the seals now in use in the supreme and
-district courts of this Territory are hereby declared to be the seals of the
-supreme and district courts respectively of the State.
-Sec. 8. Whenever this Constitution shall go into effect, the books, records and
-papers, and proceedings of the probate court in each county, and all causes and
-matters of administration and other matters pending therein, shall pass into the
-jurisdiction and possession of the county court of the same county, and the said
-county court shall proceed to final decree or judgment, order or other
-determination in the said several matters and causes as the said probate court
-might have done if this Constitution had not been adopted. And until the
-election and qualification of the judges of the county courts provided for in
-this Constitution, the probate judges shall act as the judges of the county
-courts within their respective counties, and the seal of the probate court in
-each county shall be the seal of the county court therein, until the said court
-shall have procured a proper seal.
-Sec. 9. The terms "probate court" or "probate judge" whenever occurring in the
-statutes of the territory shall, after this Constitution goes into effect, be
-held to apply to the county court or county judge.
-Sec. 10. All territorial, county and precinct officers, who may be in office at
-the time this Constitution takes effect, whether holding their offices under the
-authority of the United States or of the Territory, shall hold and exercise
-their respective offices, and perform the duties thereof as prescribed in this
-Constitution, until their successors shall be elected and qualified in
-accordance with the provisions of this Constitution, and official bonds of all
-such officers shall continue in full force and effect as though this
-Constitution had not been adopted; and such officers for their term of service,
-under this Constitution, shall receive the same salaries and compensation as is
-by this Constitution, or by the laws of the territory, provided for like
-officers; Provided, That the county and precinct officers shall hold their
-offices for the term for which they were elected. There shall be elected in each
-organized county in this State, at the election to be held for the ratification
-of this Constitution, a clerk of the district court, who shall hold his office
-under said election until his successor is duly elected and qualified. The
-judges of the district court shall have power to appoint states attorneys in any
-organized county where no such attorneys have been elected, which appointment
-shall continue until the general election to be held in 1890, and until his
-successor is elected and qualified.
-Sec. 11. This Constitution shall take effect and be in full force immediately
-upon the admission of the territory as a state.
-Sec. 12. Immediately upon the adjournment of this Convention the Governor of the
-Territory, or in case of his absence or failure to act, the Secretary of the
-Territory, or in case of his absence or failure to act, the President of the
-Constitutional Convention shall issue a proclamation, which shall be published
-and a copy thereof mailed to the chairman of the board of county commissioners
-of each county, calling an election by the people on the first Tuesday in
-October, 1889, of all the state and district officers created and made elective
-by this Constitution. This Constitution shall be submitted for adoption or
-rejection at said election to a vote of the electors qualified by the laws of
-this territory to vote at all elections. At the election provided for herein the
-qualified voters shall vote directly for or against this Constitution and for or
-against the article separately submitted.
-Sec. 13. The board of commissioners of the several counties shall there upon
-order such election for said day, and shall cause notice thereof to be given
-"for the period of 20 days in the manner provided by law." Every qualified
-elector of the territory, at the date of said election, shall be entitled to
-vote thereat. Said election shall be conducted in all respects in the same
-manner as provided by the laws of the territory for general elections, and the
-returns for all state and district officers, and members of the Legislative
-Assembly, shall be made to tie canvassing board hereinafter provided for.
-Sec. 14. The Governor, Secretary and Chief Justice or a majority of them, shall
-constitute a board of canvassers to canvass the vote of such election for all
-state and district officers aud members of the Legislative Assembly.  The said
-board shall assemble at the seat of government of the Territory on the fifteenth
-day after the day of such election (or on the following day if such day falls on
-Sunday), and proceed to canvass the votes on the adoption of this Constitution
-and for all State and district officers and members of the Legislative Assembly
-in the manner provided by the laws of the Territory for canvassing the vote for
-Delegate to Congress, and they shall issue certificates of election to the
-persons found to be elected to said offices severally, and shall make and file
-with the Secretary of the Territory an abstract certified by them, of the number
-of votes cast for or against the adoption of the Constitution, and for each
-person for each of said offices and of the total number of votes cast in each
-county.
-Sec. 15. All officers elected at such election shall, within sixty days after
-the date of the executive proclamation admitting the State of North Dakota into
-the Union, take the oath required by this Constitution, and give the same bond
-required by the law of the Territory to be given in case of like officers of the
-Territory and districts, and shall thereupon enter upon the duties of their
-respective offices; but the Legislative Assembly may require by law all such
-officers to give other or further bonds as a condition of their continuance in
-office.
-Sec. 16. The judges of the district court who shall be elected at the election
-herein provided for shall hold their offices until the first Monday in January,
-, and until their successors are elected and qualified. All other state
-officers, except judges of the supreme court, who shall be elected at the
-election herein provided for, shall hold their offices until the first Monday in
-January, 1891, and until their successors are elected and qualified. Until
-otherwise provided by law the judges of the supreme court snail receive for
-their services the salary of four thousand dollars per annum, payable quarterly;
-and the district judges shall receive for their services the salary of three
-thousand dollars per annum, payable quarterly.
-Sec. 17. The Governor-elect of the state immediately upon his qualifying and
-entering upon the duties of his office shall issue his proclamation convening
-the Legislative Assembly of the State at the seat of government, on a day to be
-named in said proclamation, and which shall not be less than fifteen nor more
-than forty days after the date of such proclamation. And said Legislative
-Assembly after organizing shall proceed to elect two senators of the United
-States for the State of North Dakota; and at said election the two persons who
-shall receive a majority of all the votes cast by the said senators and
-representatives shall be elected such United States Senators. And the presiding
-officers of the senate and house of representatives shall each certify the
-election to the Governor and Secretary of the State of North Dakota; and the
-Governor and Secretary of State shall certify the elections of such senators as
-provided by law.
-Sec. 18. At the election herein provided for there shall be elected a
-Representative to the Fifty-first Congress of the United States, by the
-electors of the state at large.
-Sec. 19. It is hereby made the duty of the Legislative Assembly at its first
-session to provide for the payment of all debts and indebtedness authorized to
-be incurred by the Constitutional Convention of North Dakota, which shall remain
-unpaid after the appropriation made by Congress for the same shall have been
-exhausted.
-Sec. 20. There shall be submitted at the same election at which this
-Constitution is submitted for rejection or adoption. Article 20 entitled
-"prohibition" and persons who desire to vote for said article shall have written
-or printed on their ballots "for prohibition," and all persons desiring to vote
-against said article shall have written or printed on their ballots "against
-prohibition." If it shall appear according to the returns herein provided for
-that a majority of all the votes cast at said election for and against
-prohibition are for prohibition, then said Article 20 shall be and form a part
-of this Constitution and be in full force and effect as such from the date of
-the admission of this state into the Union. But if a majority of said votes
-shall appear according to said returns to be "against prohibition, then said
-Article 20 shall be null and void, and shall not be a part of this Constitution.
-Sec. 21. The agreement made by the Joint Commission of the Constitutional
-Conventions of North Dakota aud South Dakota concerning the records, books and
-archives of the Territory of Dakota, is hereby ratified and confirmed; which
-agreement is in the words following: --That is to say--
-The following books, records and archives of the Territory of Dakota shall be
-the property of North Dakota, to-wit: All records, books and archives in the
-offices of the Governor and Secretary of the Territory (except records of
-Articles of Incorporation of Domestic Corporations, returns of election of
-Delegates to the Constitutional Convention/of 1889 for South Dakota, returns of
-elections held under the so called Local Option Law, in counties within the
-limits of South Dakota, bonds of Notaries Public appointed for counties within
-the limits of South Dakota, papers relating to the organization of counties
-situate within the limits of South Dakota, all which records and archives are a
-part of the records and archives of said Secretary's office: excepting also,
-census returns from counties situate within the limits of South Dakota and
-papers relating to requisitions issued upon the application of officers of
-counties situate within the limits of South Dakota, all which are a part of the
-records and archives of said Governor's office). And the following records,
-books and archives shall also be the property of the State of North Dakota,
-to-wit:
-Vouchers in the office or custody of the Auditor of this Territory relating to
-expenditures on account of public institutions, grounds or buildings situate
-within the limits of North Dakota. One Warrant Register in the office of the
-Treasurer of this territory, being a record of warrants issued under and by
-virtue of Chapter 24 of the laws enacted by the Eighteenth Legislative Assembly
-of Dakota Territory All letters, receipts and vouchers in the same office now
-filed by counties and pertaining to counties within the limits of North Dakota.
-Paid and canceled coupons in the same office representing interest on bonds of
-South Dakota which said State of North Dakota is to assume and pay. Reports of
-gross earnings of the year 1888 in the same office, made by corporations
-operating lines of railroads situated wholly or mainly within the limits of
-North Dakota. Records and papers of the office of the Public Examiner of the
-Second District of the territory. Records and papers of the office of the
-District Board of Agriculture. Records and papers in the office of the Board of
-Pharmacy of the District of North Dakota.
-All records, books and archives of the Territory of Dakota which it is not
-herein agreed shall be the property of North Dakota, shall be the property of
-South Dakota.
-The following books shall be copied and the copies shall be the property of
-North Dakota and the cost of such copies shall be borne equally by said States
-of North Dakota and South Dakota. That is to say :
-Appropriation Ledger for years ending November 1889-90 -- one volume.
-The Auditor's Current Warrant Register -- one volume.
-Insurance Record for 1889âone volume.
-Treasurer's Cash Book -- "D."
-Assessment Ledger -- "B."
-Dakota Territory Bond Register -- one volume.
-Treasurer's Current Ledger -- one volume.
-The originals of the foregoing volumes which are to be copied shall at any time
-after such copying shall have been completed, be delivered on demand to the
-proper authorities of the State of South Dakota.
-All other records, books and archives which it is hereby agreed shall be the
-property of South Dakota, shall remain at the Capitol of North Dakota until
-demanded by the Legislature of the State of South Dakota and until the State of
-North Dakota shall have had a reasonable time after such demand is made to
-provide copies or abstracts of such portions thereof as the said State of North
-Dakota may desire to have copies or abstracts of.
-The State of South Dakota may also provide copies or abstracts of such records,
-books and archives, which it is agreed shall be the property of North Dakota, as
-said State of South Dakota shall desire to have copies or abstracts of.
-The expense of all copies or abstracts of records, books and archives which it
-is herein agreed may be made, shall be borne equally by said two states.
-Sec. 22. Should the counties containing lands which form a part of the grant of
-lands made by Congress to the Northern Pacific railroad company be compelled by
-law to refund moneys paid for such lands or any of them by purchasers thereof at
-tax sales thereof, based upon taxes illegally levied upon -said lands, then and
-in that case the State of North Dakota shall appropriate the sum of $25,000, or
-so much thereof as may be necessary to reimburse said counties for the amount so
-received from said illegal tax sales and paid by said counties into the treasury
-of Dakota Territory.
-Sec. 23. This Constitution shall after its enrollment be signed by the President
-of this Convention and the Chief Clerk thereof and such delegates as desire to
-sign the same, whereupon it shall be deposited in the office of the Secretary of
-the Territory, where it may be signed at any time by any delegate who shall be
-prevented from signing the same for any reasons at the time of the adjournment
-of this Convention.
-Sec. 24. In case the territorial officers of the Territory of Dakota, or any of
-them who are now required by law to report to the Governor of the Territory,
-annually or biennially, shall prepare and publish such reports covering the
-transactions of their offices up to the time of the admission of the State of
-North Dakota into the Union, the Legislative Assembly shall make sufficient
-appropriations to pay one-half of the cost of such publication.
-Sec. 25. The Governor and Secretary of the Territory are hereby authorized to
-make arrangements for the meeting of the first Legislative Assembly, and the
-inauguration of the State government.
-Sec. 26. The Legislative Assembly shall provide for the editing, and for the
-publication, in an independent volume, of this Constitution, as soon as it shall
-take effect, and whenever it shall be altered or amended, and shall cause to be
-published in the same volume the Declaration of Independence, the Constitution
-of the United States and the Enabling Act.
-Done at Bismarck, Dakota, in open Convention, this 17th day of August, A. D.
-.
-John G. Hamilton, F. B. Fancher,
-Chief Clerk. President.
-===== AMENDMENTS TO CONSTITUTION. =====
-==== ARTICLE I. ====
-The Legislative Assembly shall have no power to authorize lotteries or gift
-enterprises for any purpose and shall pass laws to prohibit the sale of lottery
-or gift enterprise tickets.
-(Ratified by popular vote November 6, 1894)
-==== ARTICLE II. ====
-Sec. 121. Every male person of the age of twenty-one years or upwards, belonging
-to either of the following classes, who shall have resided in the state one year
-and in the county six months, and in the precinct ninety days next preceding any
-election, shall be a qualified elector at such election:
-First - Citizens of the United States.
-Second - Civilized persons of Indian descent who shall have severed their tribal
-relations two years next preceding such election.
-Sec. 127. No person who is under guardianship, non compos mentis or insane shall
-be qualified to vote at any election; nor any person convicted of treason or
-felony, unless restored to civil rights; and the legislature shall by law
-establish an educational test as a qualification, and may prescribe penalties
-for failing, neglecting or refusing to vote at any general election.
-(Ratified by popular vote November 8, 1898.)
-==== ARTICLE III. ====
-Sec. 76. The governor shall have power in conjunction with the board of pardons,
-of which the governor shall be ex-officio a member and the other members of
-which shall consist of the attorney general of the state of North Dakota, the
-chief justice of the supreme court of the state of North Dakota, and two
-qualiï¬ed electors who shall be appointed by the governor, to remit ï¬nes and
-forfeitures, to grant reprieves, comumutations and pardons after conviction for
-all offenses except treason and cases of impeachment; but the legislative
-assembly may by law regulate the manner in which the remission of ï¬nes, pardons,
-commutations and reprieves may be applied for. Upon conviction of treason the
-governor shall have the power to suspend the execution of sentence until the
-case shall be reported to the legislative assembly at its next regular session,
-when the legislative assembly shall either pardon or commute the sentence,
-direct the execution of the sentence or grant further reprieve. The governor
-shall communicate to the legislative assembly at each regular session each case
-of remission of ï¬ne, reprieve, commutation or pardon granted by the board of
-pardons, stating the name of the convict, the crime for which he is convicted,
-the sentence and its date and the date of remission, commutation, pardon or
-reprieve, with their reasons for granting the same.
-(Ratified by popular vote November 6, 1900.)
-==== ARTICLE IV. ====
-Sec. 179. All property, except as hereinafter in this section provided, shall be
-assessed in the county, city, township, village or district in which it is
-situated, in the manner prescribed by law. The franchise, roadway, roadbed,
-rails and rolling stock of all railroads, and the franchise and all other
-property of all express companies, freight line companies, car equipment
-companies, sleeping car companies, dining car companies, telegraph or telephone
-companies or corporations operated in this state and used directly or indirectly
-in the carrying of persons, property or messages, shall be assessed by the state
-board of equalization at their actual value, and such assessed value shall be
-apportioned to the counties, cities, towns. villages, townships and districts in
-which such railroad companies, express companies, sleeping car companies, dining
-car companies, telegraph and telephone companies are located, or through which
-they are operated, as a basis for the taxation of such property, in proportion
-to the number of miles of such property within such counties, cities, towns,
-villages, townships and districts, or over which any part of such property is
-used or operated within such counties, towns, villages, townships and districts.
-But should any railroad allow any portion of its roadway to be used for any
-purpose other than the operation of a railroad thereon, such portion of its
-roadway, while so used, shall be assessed in the manner provided for the
-assessment of other real property.
-(Ratified by popular vote November 6, 1900.)
-==== ARTICLE V. ====
-Subdivision 5 of section 215.
-Fifth. The school for the deaf and dumb of North Dakota, at the City of Devils
-Lake, in the county of Ramsey.
-[Approved and ratified 1904.]
-==== ARTICLE VI. ====
-Subdivision 8 of section 215.
-Eighth. A state hospital for the insane at the city of Jamestown, in the county
-of Stutsman. And the legislative assembly shall appropriate twenty thousand
-acres of the grant of lands made by the act of congress aforesaid for "other
-educational and charitable institutions," to the benefit and for the endowment
-of said institution, and there shall be located at or near the city of Grafton,
-in the county of Walsh, an institution for the feeble minded on the grounds
-purchased by the secretary of the interior for a penitentiary building.
-[Approved and ratified 1904.]
-==== ARTICLE VII. ====
-Addenda to section 176: The legislative assembly may further provide that grain
-grown within the state and held therein in elevators, warehouses and granaries
-may be taxed at a fixed rate.
-[Approved and ratified 1904.]
-==== ARTICLE VIII. ====
-The moneys of the permanent school fund and other educational funds shall be
-invested only in bonds of school corporations or of counties, or of townships,
-or of municipalities within the state, bonds issued for the construction of
-drains under authority of law within the state, bonds of the United States,
-bonds of the state of North Dakota, bonds of other states; provided, such states
-have never repudiated any of their indebtedness, or on first mortgages on farm
-lands in this state, not exceeding in amount one third of the actual value of
-any subdivision on which the same may be loaned, such value to be determined by
-the board of appraisal of school lands.
-[Approved and ratified 1908.]
-==== ARTICLE IX. ====
-Sec. 158. Minimum Price of State Lands. No lands shall be sold for less than the
-appraised value and in no case for less than ten dollars per acre. The purchaser
-shall pay one-fifth of the price in cash, and the remaining four fifths as
-follows: One-fifth in five years, one-fifth in ten years, one-fifth in fifteen
-years and one-fifth in twenty years, with interest at the rate of not less than
-six per centum, payable annually in advance. All sales shall be held at the
-county seat of the county in which the land to be sold is situate, and shall be
-at public auction and to the highest bidder, after sixty days' advertisement of
-the same in a newspaper of general circulation in the vicinity of the lands to
-be sold, and one at the seat of government. Such lands as shall not have been
-specially subdivided shall be offered in tracts of one-quarter section, and
-those so subdivided in the smallest subdivisions.  All lands designated for sale
-and not sold within two years after appraisal, shall be reappraised before they
-are sold. No grant or patent for any such lands shall issue until payment is
-made for the same; provided, that the lands contracted to be sold by the state
-shall be subject to taxation from the date of such contract. In case the taxes
-assessed against any of said lands for any year remain unpaid until the first
-Monday in October of the following year, then and thereupon the contracts of
-sale of such lands shall, at the election of the board of university and school
-lands, become null and void; and no such contract heretofore made shall be held
-void for nonpayment of taxes accruing on the lands described therein; provided,
-such taxes shall have been paid before this amendment takes effect; provided,
-further, that any school or institution land that may be required for town site
-purposes may be paid for at any time and patent issued therefor.
-[Approved and ratified 1908.]
-==== ARTICLE X. ====
-Sec. 89. The supreme court shall consist of five judges, a majority of whom
-shall be necessary to form a quorum or pronounce a decision; but one or
-more of said judges may adjourn the court from day to day or to a day
-certain.
-[Approved and ratified 1908.]
-==== ARTICLE XI. ====
-Sec. 158. No land shall be sold for less than the appraised value, and in no
-case for less than ten dollars per acre. The purchaser shall pay one-fifth of
-the price in cash and the remaining four-fifths as follows: One-fifth in five
-years, one-fifth on or before the expiration of ten years, one-fifth on or
-before the expiration of fifteen years, and one-fifth on or before the
-expiration of twenty years, with interest payable at the rate of not less than
-five per centum per annum payable annually in advance; provided, that when
-payments are made before due they shall be made at an interest paying date, and
-one year's interest in advance shall be paid on all moneys so paid. All sales
-shall be held at the county seat of the county in which the land to be sold is
-situated, and be at public auction and to the highest bidder after sixty days'
-advertisement of the same in a newspaper in general circulation in the vicinity
-of the land to be sold, and also published in a newspaper published at the
-county seat, and also in a newspaper published at the seat of government. Such
-lands as shall not have been especially subdivided shall be offered in tracts of
-one-quarter section, and those sub divided in the smallest subdivision. All
-lands designated for sale and not sold within two years after appraisal shall be
-re-appraised before they are sold. No grant or patent for such lands shall issue
-until payment is made for the same; provided, that the lands contracted to be
-sold by the state shall be subject to taxation from the date of such contract.
-In case the taxes assessed against any of said lands for any year remain unpaid
-until the first Monday in October of the following year, then and thereupon the
-contract of sale for such lands shall, if the board of university and school
-lands so determine, become null and void. Any lands under the provisions of
-section 158 of the constitution of the state of North Dakota that have
-heretofore been sold may be paid for, except as to interest, as provided herein;
-provided, further, that any school or institution lands that may be required for
-township purposes, may be paid for at any time and patent issued therefor.
-[Approved and ratified 1910.]
-==== ARTICLE XII. ====
-Sec. 216. The following named public institutions are hereby permanently
-located as hereinafter provided, each to have so much of the remaining grant
-of one hundred and seventy thousand acres of land made by the United
-States for "other educational and charitable institutions" as is allotted
-by law, namely:
-First. A soldiers' home, when located, or such other charitable institution
-as the legislative assembly may determine, at Lisbon, in the county of
-Ransom, with a grant of forty thousand acres of land.
-Second. A blind asylum, or such other institution as the legislative
-assembly may determine, at such place in the county of Pembina as the
-qualified electors of the said county may determine at an election to be held
-as prescribed by the legislative assembly, with a grant of thirty thousand
-acres.
-Third. An industrial school and school for manual training, or such other
-educational or charitable institutions as the legislative assembly may provide,
-at the town of Ellendale, in the county of Dickey, with a grant of forty
-thousand acres.
-Fourth. A school of forestry, or such other institution as the legislative
-assembly may determine, at such place in one of the counties of McHenry,
-Ward, Bottineau or Rolette, as the electors of said counties may determine
-by an election for that purpose, to be held as provided by the legislative
-assembly.
-Fifth. A scientific school, or such other educational or charitable
-institution as the legislative assembly may prescribe, at the city of Wahpeton,
-county of Richland, with a grant of forty thousand acres.
-Sixth. A state normal school at the city of Minot, in the county of Ward;
-provided that no other institution of a character similar to any one of those
-located by this article, shall be established or maintained without a revision
-of this constitution.
-[Approved and ratified 1910.]
-==== ARTICLE XIII. ====
-Sec. 158. No land shall be sold for less than the appraised value, and in no
-case for less than ten dollars per acre. The purchaser shall pay one-fifth of
-the price in cash, and the remaining four-fifths as follows: One-fifth in five
-years, one-fifth on or before the expiration of ten years, one-fifth on or
-before the expiration of fifteen years, and one-fifth on or before the
-expiration of twenty years, with interest at the rate of not less than five per
-cent per annum, payable annually in advance; provided, that when payments are
-made before due they shall be made at an interest paying date, and one year's
-interest in advance shall be paid on all moneys so paid.  All sales shall be
-held at the county seat of the county in which the land to be sold is situated,
-and shall be at public auction and to the highest bidder, after sixty days'
-advertisement of the same in a newspaper of general circulation in the vicinity
-of the land to be sold, and one at the seat of government. Such lands as shall
-not have been specially subdivided shall be offered in tracts of one-quarter
-section, and those subdivided in the smallest subdivisions. All lands designated
-for sale and not sold within two years after appraisal shall be reappraised
-before they are sold. No grant or patent for such lands shall issue until
-payment is made for the same; provided that the land contracted to be sold by
-the state shall be subject to taxation from the date of contract. In case the
-taxes assessed against any of said lands for any year remain unpaid until the
-first Monday in October of the following year, then thereupon the contract of
-sale for such lands shall, if the board of university and school lands so
-determine, become null and void. Any lands under the provisions of section 158
-of the constitution of the state of North Dakota that have heretofore been sold,
-may be paid for, except as to interest, as provided, further, that any school or
-institution lands that may be required for townsite purposes, school house
-sites, church sites, cemetery sites, sites for other educational or charitable
-institutions, public parks, fair grounds, public highways, railroad right of
-way, or for other railroad uses and purposes, reservoirs for the storage of
-water for irrigation, drain ditches or irrigation ditches, and lands that may be
-required for any of the purposes over which the right of eminent domain may be
-exercised under the constitution and the laws of the state of North Dakota, may
-be sold under the provisions of this section, and shall be paid for, principal
-and interest, in full in advance, at the time of sale, or at any time
-thereafter, and patent issued therefor, when principal and interest are paid.
-[Approved and ratified 1912.]
-==== ARTICLE XIV. ====
-The legislative assembly is hereby authorized and empowered to provide
-by law for the erection, purchasing or leasing and operation of one or more
-terminal grain elevators in the states of Minnesota or Wisconsin, or both,
-to be maintained and operated in such manner as the legislative assembly
-shall prescribe, and provide for inspection, weighing and grading of all grain
-received in such elevator or elevators.
-[Approved and ratified 1912.]
-==== ARTICLE XV. ====
-Sec. 25. The legislative authority of the state of North Dakota shall be vested
-in a legislative assembly consisting of a senate and house of representatives,
-but the people reserve to themselves power to propose laws and to enact or
-reject the same at the polls, independent of the legislative assembly, and also
-reserve power, at their own option, to approve or reject at the polls any act,
-item, section or part of any act or measure passed by the legislative assembly.
-The first power reserved by the people is the initiative, or the power to
-propose measures for enactment into laws, and at least ten per cent of the legal
-voters to be secured in a majority of the counties of the state shall be
-required to propose any measure by initiative petition, and every such petition
-shall include the full text of the measure so proposed. Initiative petitions
-shall be filed with the secretary of state and not less than thirty days before
-any regular session of the legislative assembly; he shall transmit the same to
-the legislative assembly as soon as it convenes. Such initiative measure shall
-take precedence over all other measures in the legislative assembly except
-appropriation bills, and shall be either enacted or rejected without change or
-amendment by the legislative assembly within forty days. If any such initiative
-measure shall be enacted by the legislative assembly it shall be subject to
-referendum petition, or it may be referred by the legislative assembly to the
-people for approval or rejection. If it is rejected or no action is taken upon
-it by the legislative assembly within said forty days, the secretary of state
-shall submit it to the people for approval or rejection at the next ensuing
-regular general election.  The legislative assembly may reject any measure so
-proposed by initiative petition and propose a different one to accomplish the
-same purpose, and in any such event both measures shall be submitted by the
-secretary of state to the people for approval or rejection at the next ensuing
-regular election.  If conflicting measures submitted to the people at the next
-ensuing election shall be approved by a majority of the votes severally cast for
-and against the same, the one receiving the highest number of afiirmative votes
-shall thereby become valid, and the other shall thereby be rejected. The second
-power is the referendum, or the power to order any act, item, or part of any act
-to be referred to the people for their approval or rejection at the polls, and
-it may be ordered (except as to laws necessary for the immediate preservation of
-the public peace, health or safety), as to any measure or any parts, items or
-sections of any measures passed by the legislative assembly either by a petition
-signed by ten per cent of the legal voters of the state from a majority of the
-counties, or by the legislative assembly, if a majority of the members elect
-vote therefor. When it is necessary for the immediate preservation of the public
-peace, health or safety that a law shall become effective without delay, such
-necessity and the facts creating the same shall be stated in one section of the
-bill, and if upon aye and no vote in each house two-thirds of all the members
-elected to each house shall vote on a separate roll call in favor of the said
-law going into instant operation for the immediate preservation of the public
-peace, health or safety, such law shall become operative upon approval by the
-governor.
-The filing of a referendum petition against one or more items, sections or parts
-of an act shall not delay the remainder of that act from becoming operative.
-Referendum petitions against measures passed by the legislative assembly shall
-be filed with the secretary of state not more than ninety days after the final
-adjournment of the session of the legislative assembly which passed the measure
-on which the referendum is demanded. The veto power of the governor shall not
-extend to measures referred to the people. All elections on measures referred to
-the people of the state shall be had at biennial regular elections, except as
-provision may be made by law for a special election or elections. Any measure
-referred to the people shall take effect when it is approved by a majority of
-the votes cast thereon and not otherwise, and shall be in force from the date of
-the official declaration of the vote.
-The enacting clause of all the initiative bills shall be, "Be it enacted by the
-people of the state of North Dakota." This section shall not be construed to
-deprive any member of the legislative assembly of the right to introduce any
-measure. The whole number of votes for secretary of state at the regular
-election last preceding the filing of any petition for the initiative or for the
-referendum shall be the basis on which the number of legal voters necessary to
-sign such petition shall be counted.
-Petitions and orders for the initiative and for the referendum shall be filed
-with the secretary of state, and in submitting the same to the people he and all
-other officers shall be guided by the general laws and the act submitting this
-amendment until legislation shall be specially provided therefor.
-This amendment shall be self executing, but legislation may be enacted to
-facilitate its operation.
-[Approved Nov. 3, 1914]
-==== ARTICLE XVI. ====
-Sec. 202. This Constitution may be amended as follows:
-First: Any amendment or amendments to this Constitution may
-be proposed in either house of the legislative assembly; and if the
-same shall be agreed to by a majority or the members elected to each
-of the two houses, such proposed amendments shall be entered on
-the journal of the house with the yeas and nays taken thereon, and
-referred to the legislative assembly to be chosen at the next general
-election, and shall be published, as provided by law, for three
-months previous to the time of making such choice, and if the legislative
-assembly so next chosen as aforesaid such proposed amendment or
-amendments shall be agreed to by a majority of all members
-elected to each house, then it shall be the duty of the legislative
-assembly to submit such proposed amendment or amendments to
-the people in such manner and at such times as the legislative assembly
-shall provide; and if the people shall approve and ratify
-such amendment or amendments by a majority of the electors qualified
-to vote for members of the legislative assembly voting thereon,
-such amendment or amendments shall become a part of the Constitution
-of this state. If two or more amendments shall be submitted
-at the same time, they shall be submitted in such manner
-that the electors shall vote for or against each of such amendments
-separately.
-Second: Any amendment or amendments to this Constitution
-may also be proposed by the people by the filing with the Secretary of
-State, at least six months previous to a general election, of an
-initiative petition containing the signatures of at least twenty-five
-per cent of the legal voters in each of not less than one-half of the
-counties of the state. When such petition has been properly filed
-the proposed amendment or amendments shall be published as the
-legislature may provide, for three months previous to the general
-election, and shall be placed upon the ballot to be voted upon by the
-people at the next general election. Should any such amendment
-or amendments proposed by initiative petition and submitted to the
-people receive a majority of all the legal votes cast at such general
-election, such amendment or amendments shall be referred to the
-nest legislative assembly, and should such proposed amendment or
-amendments he agreed upon by a majority of all the members
-elected to each house, such amendment or amendments shall become
-a part of the Constitution of this state. Should any amendment
-or amendments proposed by initiative petition and receiving a majority
-of all the votes cast at the general election as herein provided,
-but failing to receive approval by the following legislative assembly
-to which it has been referred, such amendment or amendments shall
-again he submitted to the people at the next general election for
-their approval or rejection as at the previous general election.
-Should such amendment or amendments receive a majority of all
-the legal votes cast at such succeeding general election such amendment
-or amendments at once become a part of the Constitution of
-this state. Any amendment or amendments proposed by initiative
-petition and failing of adoption as herein provided, shall not be
-again considered until the expiration of six years.
-[Approved Nov. 3, 1914]
-==== ARTICLE XVII. ====
-Sec. 216. The following named public institutions are hereby permanently located
-as hereinafter provided, each to have so much of the remaining grant of one
-hundred and seventy thousand acres of land made by the United States for "other
-educational and char- itable institutions," as is allotted by law, viz:
-First: A Soldiers' Home, when located, or such other charitable institution as
-the legislative assembly may determine at Lisbon; in the County of Ransom, with
-a grant of forty thousand acres of land.
-Second: The School for the Blind of North Dakota, at Bathgate, in the County of
-Pembina, with a grant of thirty thousand acres.
-Third: An Industrial School and School for Manual Training, or such other
-educational or charitable institution as the legislative assembly may provide,
-at the Town of Ellendale, in the County of Dickey, with a grant of forty
-thousand acres.
-Fourth: A School of Forestry, or such other institution as the legislative
-assembly may determine, at the City of Bottineau in the County of Bottineau.
-Fifth: A Scientific School or such other educational or charitable institution
-as the legislative assembly may prescribe, at the City of Wahpeton, County of
-Richland, with a grant of forty thousand acres.
-Sixth: A State Normal School, at the City of Minot in the County of Ward;
-provided, that no other institution, of a character similar to any one of those
-located by this Article, shall be established or maintained without a revision
-of this Constitution.
-[Approved Nov. 3, 1914]
-==== ARTICLE XVIII. ====
-Sec. 185. Neither the state, nor any county, city, township,
-town, school district or any other political sub-division shall loan or
-give its credit or make donations to or in aid of any individual,
-association or corporation except for necessary support of the poor,
-nor subscribe to or become the owner of the capital stock of any
-association or corporation, nor shall the state engage in any work
-of internal improvement unless authorized by a two-thirds vote of
-the people. Provided, that the state may appropriate money in the
-treasury or to be thereafter raised by taxation for the construction
-or improvement of public highways.
-[Approved Nov. 3, 1914]
-==== ARTICLE XIX. ====
-The legislative assembly is hereby authorized and empowered to provide by law
-for the erection, purchasing or leasing and operation of one or more terminal
-grain elevators in the State of North Dakota, to be maintained and operated in
-such manner as the legislative assembly shall prescribe, and provide for
-inspection, weighing and grading of all grain received in such elevator or
-elevators.
-[Approved Nov. 3, 1914]
-==== ARTICLE XX. ====
-Sec. 176. Taxes shall be uniform upon the same class of property, including
-franchises within the territorial limits of the authority levying the tax, and
-shall be levied and collected for public purposes only, but the property of the
-United States, and of the state, county and municipal corporations shall be
-exempt from taxation; and the legislative assembly shall by a general law exempt
-from taxation property used exclusively for school, religious, cemetery,
-charitable or other public purposes, and personal property to any amount not
-exceeding in value two hundred dollars for each individual liable to taxation;
-provided that all taxes and exemptions in force when this amendment is adopted
-shall remain in force, in the same manner and to the same extent, until
-otherwise provided by statute.
-Sec. 179. All taxable property except as hereinafter in this Section provided,
-shall be assessed in the county, city, township, village or district in which it
-is situated, in the manner prescribed by law. The property, including franchises
-of all railroads operated in this state, and of all express companies, freight
-line companies, dining car companies, sleeping car companies, car equipment
-companies, or private car line companies, telegraph or telephone companies or
-corporations operating in this state and used directly or indirectly in the
-carrying of persons, property or messages, shall be assessed by the State Board
-of Equalization in a manner prescribed by such state board or commission as may
-be provided by law. But should any railroad allow any portion of its railway to
-be used for auy purposes other than the operation of a railroad thereon, such
-portion of its railway, while so used shall be assessed in a manner provided for
-the assessment of other real property.
-[Approved Nov. 3, 1914]
-==== ARTICLE XXI. ====
-Sec. 216. The following named public institutions are hereby
-permanently located as hereinafter provided, each to have so much
-of the remaining grant of one hundred and seventy thousand acres
-(170,000) of land made by the United States for "other educational and
-charitable institutions" as is allotted by law, namely:
-First: A soldiers' home, when located, or such other charitable
-institutions as the legislative assembly may determine, at Lisbon, in
-the County of Ransom, with a grant of forty thousand (40,000) acres
-of land,
-SECOND: A blind asylum, or such other institution as the legislative
-assembly may determine, at such place in the County of Pembina
-as the qualified electors of said county may determine at an
-election to be held as prescribed by the legislative assembly, with a
-grant of thirty thousand (30,000) acres.
-Third: An industrial school and school for manual training
-or such other educational or charitable institution as the legislative
-assembly may provide, at the Town of Ellendale, in the County of
-Dickey, with a grant of forty thousand (40,000) acres.
-Fourth: A school of forestry, or such other institution as the
-legislative assembly may determine, at such place in one of the
-Counties of McHenry, Ward, Bottineau or Rolette, as the electors of
-said counties may determine by an election for that purpose, to be
-held as provided by the legislative assembly.
-Fifth: A scientific school or such other educational or charitable
-institution as the legislative assembly may prescribe, at the
-City of Wahpeton, County of Richland, with a grant of forty thousand
-(40,000) acres.
-Sixth: A state normal school at the City of Minot in the County of Ward.
-Seventh: (a) A state normal school at the City of Dickinson,
-in the County of Stark.
-Provided, That no other institution of a character similar to any
-one of those located by this Article shall be established or maintained
-without a revision of this Constitution.
-[Approved Nov. 7, 1916]
-==== ARTICLE XXII. ====
-Sec. 216. The following named public institutions are hereby permanently located
-as hereinafter provided, each to have so much of the remaining grant of one
-hundred and seventy thousand (170,000) acres of land made by the United States
-for "other edu cational and charitable institutions" as is allotted by law,
-namely:
-First: A soldiers' home, when located, or such other charitable institution as
-the legislative assembly may determine, at Lisbon, in the County of Ransom, with
-a grant of forty thousand (40,000) acres of land.
-Second: A blind asylum, or such other institutipn as the legislative assembly
-may determine, at such place in the County of Pembina as the qualified electors
-of said county may determine, at an election to be held as prescribed by the
-legislative assembly, with a grant of thirty thousand: (30,000) acres.
-Third: An industrial school and school for manual training, or such other
-educational or charitable Institution as the legislative assembly may provide,
-at the Town of Ellendale, in the County of Dickey, with a grant of forty
-thousand (40,000) acres.
-Fourth: A school of forestry, or such other institution as the legislative
-assembly may determine, at such place in one of the Counties of McHenry, Ward,
-Bottineau and Rolette, as the electors of the said counties may determine by an
-election for that purpose, to be held as provided by the legislative assembly.
-Fifth: A scientific school, or such other educational or charitable institution
-as the legislative assembly may prescribe, at the City of Wahpeton, County of
-Richland, with a grant of forty thousand (40,000) acres.
-Sixth: A state normal school at the City of Minot in the County of Ward.
-Seventh: (b) A state hospital for the insane at such place within this state as
-shall be selected by the legislative assembly, provided, that no other
-institution of a character similar to any one of those located by this Article
-shall be established or maintained without a revision of this Constitution.
-[Approved Nov. 7, 1916]
-==== ARTICLE XXIII. ====
-Sec. 135. In all elections for directors or managers of a corporation,
-each member or shareholder may cast the whole number of
-his votes for one candidate, or distribute them upon two or more
-candidates, as he may prefer, provided, any co-operative corporation
-may adopt by-laws limiting the voting power of its stockholders.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXIV. ====
-The legislative assembly may by law provide for the levy of a tax upon such
-lands as may be provided by law of the state for the purpose of creating a fund
-to insure the owners of growing crops against losses by hail; provided, that
-such tax shall not affect the tax of four mills levied by the Constitution. The
-Legislative Assembly may classify such lands of the state as may be provided by
-law, and divide the State into districts on such basis as shall seem just and
-necessary, and may vary the tax rates in such districts in accordance with the
-risk, In order to secure an equitable distribution of the burden of such tax
-among the owners of such land as may be provided by law.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXV. ====
-Sec. 89. The Supreme Court shall consist of five judges, a majority of whom
-shall be necessary to form a quorum or pronounce a decision, but one or more of
-said, judges may adjourn the court from day to day or to a day certain,
-provided, however, that in no case shall any legislative enactment or law of
-the State of North Dakota be declared unconstitutional unless at least four of
-the judges shall so decide.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXVI. ====
-Sec. 25 (in Article 2 as Amended by Article 15 of Amendment).  The legislative
-power of this state shall be vested in a legislature consisting of a senate and
-a house of representatives. The people, however, reserve the power, first, to
-propose measures and to enact or reject the same at the polls; second, to
-approve or reject at the polls any measure or any item, section, part or parts
-of any measure enacted by the legislature.
-The first power reserved is the initiative. Ten thousand electors at large may
-propose any measure by initiative petition. Every such petition shall contain
-the full text of the measure and shall be filed with the Secretary of State not
-less than ninety days before the election at which it is to be voted upon.
-The second power reserved is the referendum. Seven thousand electors at large
-may, by referendum petition, suspend the operation of any measure enacted by
-the legislature, except an emergency measure. But the filing of a referendum
-petition against one or more items, sections or parts of any measure, shall not
-prevent the remainder from going into effect. Such petition shall be filed with
-the Secretary of State not later than ninety days after the adjournment of the
-session of the legislature at which such measure was enacted.
-Each measure initiated by or referred to the electors, shall be submitted by
-its ballot title, which shall be placed upon the ballot by the Secretary of
-State and shall be voted upon at any state-wide election designated in the
-petition, or at a special election called by the Governor. The result of the
-vote upon any measure shall be canvassed and declared by the board of
-canvassers.
-Any measure, except an emergency measure, submitted to the electors of the
-state, shall become a law when approved by a majority of the votes cast
-thereon. And such law shall go into effect on the 30th day after the election,
-unless otherwise specified in the measure.
-If a referendum petition is filed against an emergency petition such measure
-shall be a law until voted upon by the electors. And if it is then rejected by
-a majority of the votes cast thereon, it shall he thereby repealed. Any such
-measure shall be submitted to the electors at a special election if so ordered
-by the Governor, or if the referendum petition filed against it shall be signed
-by thirty thousand electors at large. Such special election shall be called by
-the Governor, and shall be held not less than one hundred nor more than one
-hundred thirty days after the adjournment of the session of the legislature.
-The Secretary of State shall pass upon each petition, and if he finds it
-insufficient, he shall notify the "Committee for the Petitioners" and allow
-twenty days for correction or amendment. All decisions of the Secretary of
-State in regard to any such petition shall be subject to review by the Supreme
-Court. But if the sufficiency of such petition is being reveiwed at the time
-the ballot is prepared, the Secretary of State shall place the measure on the
-ballot and no subsequent decision shall invalidate such measure if it is at
-such election approved by a majority of the votes cast thereon.  If procedlngs
-are brought against any petition upon any ground, the burden of proof shall be
-upon the party attacking it.
-No law shall be enacted limiting the number of copies of a petition which may
-be circulated. Such copies shall become part of the original petition when
-filed or attached thereto. Nor shall any law be enacted prohibiting any person
-from giving or receiving compensation for circulating the petitions, nor in any
-manner interfering with the freedom in securing signatures to petitions.
-Each petition shall have printed thereon a ballot title, which shall fairly
-represent the subject matter of the measure, and the names of at least five
-electors who shall, constitute the "committee for the petitioners" and who
-shall represent and act for the petitioners.
-All measures submitted to the electors shall be published by the state as
-follows: "The Secretary of State shall cause to be printed and mailed to each
-elector a publicity pamphlet, containing a copy of each measure together with
-its ballot title, to be submitted at any election. Any citizen, or the officers
-of any organization, may submit to the Secretary of State for publication in
-such pamphlet, arguments concerning any measure therein, upon first subscribing
-their names and addresses thereto and paying the fee therefor, which, until
-otherwise fixed by the legislature, shall be the sum of two hundred dollars per
-page."
-The enacting clause of all measures initiated by the electors shall be: "Be it
-enacted by the people of the State of North Da kota." In submitting measures
-to the electors, the Secretary of State and all other officials shall be guided
-by the election laws until additional legislation shall be provided.
-If conflicting measures initiated by or referred to the electors shall be
-approved by a majority of the votes cast thereon, the one receiving the highest
-number of affirmative votes shall become the law.
-The word "measure" as used herein shall include any law or amendment thereto,
-resolution, legislative proposal or enactment of any character.
-The veto power of the Governor shall not extend to the measures initiated by or
-referred to the electors. No measure enacted or approved by a vote of the
-electors shall be repealed or amended by the legislature, except upon a yea and
-nay vote upon roll call of two-thirds of all the members elected to each house.
-This section shall be self executing and all of its provisions shall be treated
-as mandatory. Laws may be enacted to facilitate its operation, but no laws
-shall be enacted to hamper, restrict or impair the exercise of the rights
-herein reserved to the'people.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXVII. ====
-Sec. 67. No act of the legislative assembly shall take effect until July first
-after the close of the session, unless the legislature by a vote of two-thirds
-of the members present and voting, in each house, shall declare it an emergency
-measure, which declaration shall be set forth in the act, provided, however,
-that no act granting a franchise or special privilege, or act creating any
-vested right or interest other than in the state, shall be declared an
-emergency measure. An emergency measure shall take effect and be in force from
-and after its passage and approval by the Governor.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXVIII. ====
-Sec. 202. Any amendment or amendments to the constitution of the state may
-be proposed in either house of the legislature, and if the same shall
-be agreed to upon roll call by a majority of the members elected to
-each house, it shall be submitted to the electors and if a majority of
-the votes cast thereon are affirmative, such amendment shall be a
-part of this constitution.
-Amendments to the constitution of the state may also be proposed
-by an initiative petition of the electors; such petition shall
-be signed by twenty thousand electors at large and shall be filed
-with the Secretary of State at least one hundred twenty days prior
-to the election at which they are to be voted upon, and any amendment,
-or amendments so proposed, shall be submitted to the electors
-and become a part of the constitution, if a majority of the votes
-cast thereon are affirmative. All provisions of the constitution relating
-to the submission and adoption of measures by initiative
-petition, and on referendum petition shall apply to the submission
-and adoption of amendments to the constitution of the state.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXIX. ====
-Sec. 176. Taxes shall be uniform upon the same class of property; including
-franchises within the territorial limits of the authority levying the tax. The
-legislature may by law exempt any or all classes of personal property from
-taxation and within the meaning of this section, fixtures, buildings and
-improvements of every character, whatsoever, upon land shall be deemed personal
-property. The property of the United States and of the state, county and
-municipal corporations and property used exclusively for school, religious,
-cemetery, charitable or other public purposes shall be exempt from taxation.
-Except as restricted by this Article, the legislature may provide for raising
-revenue and fixing the situs of all property for the purpose of taxation.
-Provided that all taxes and exemptions in force when this amendment is adopted
-shall remain in force until otherwise provided by statute.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXX. ====
-Sec. 177. The legislature may by law provide for the levy and collection of an
-acreage tax on lands within the state in addition to the limitations specified
-in Section 174 in Article 11 of the Constitution. The proceeds of such tax
-shall be used to indemnify the owners of growing crops against damages by hail,
-provided that lands used exclusively for public roads, rights of way of common
-carriers, mining, manufacturing or pasturage may be exempt from such tax.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXXI. ====
-Sec. 182. The state may issue or guarantee the
-payment of bonds, provided that all bonds in excess of two million
-dollars shall be secured by first mortgages upon real estate in
-amounts not to exceed one-half of its value; or upon real and personal
-property of state-owned utilities, enterprises or industries, in
-amounts not exceeding its value, and, provided further, that the state
-shall not issue or guarantee bonds upon property of state-owned
-utilities, enterprises or industries in excess of ten million dollars.
-No future indebtedness shall be incurred by the state unless
-evidenced by a bond issue, which shall be authorized by law for
-certain purposes, to be clearly defined. Every law authorizing a
-bond issue shall provide for levying an annual tax, or make other
-provision, sufficient to pay the interest semi-annually, and the principal
-within thirty years from the passage of such law, and shall
-specially appropriate the proceeds of such tax, or of such other provisions,
-to the payment of said principal and interest, and such
-appropriation shall not be repealed nor the tax or other provisions
-discontinued until such debt, both principal and interest, shall have
-been paid. No debt in excess of the limit named herein shall be
-incurred except for the purpose of repelling invasion, suppressing
-insurrection, defending the state in time of war or to provide for
-the public defense in case of threatened hostilities.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXXII. ====
-Sec. 185. The state, any county or city may make internal improvements and may
-engage in any industry, enterprise or business not prohibited by Article 20 of
-the Constitution, but neither the state nor any political subdivision thereof
-shall otherwise loan or give its credit or make donations to or in aid of any
-individual, association or corporation except for reasonable support of the
-poor, nor subscribe to or become the owner of capital stock in any association
-or corporation.
-[Approved Nov. 5, 1918]
-==== ARTICLE XXXIII. ====
-The qualified electors of the state or of any county, or of any congressional,
-judicial or legislative district may petition for the recall of any elective
-congressional, state, county, judicial or legislative officer by filing a
-petition with the officer with whom the petition for nomination to such office
-in the primary election is filed, demanding the recall of such officer. Such
-petition shall be signed by at least thirty per cent of the qualified electors
-who voted at the preceding election for the office of governor in the state,
-county or district from which such officer is to be recalled. The officer with
-whom such petition is filed shall call a special election to be held not less
-than forty or more than forty-five days from the filing of such petition.
-The officer against whom such petition has been filed shall continue to perform
-the duties of his office until the result of such special election shall hnve
-been officially declared.  Other candidates for such office may he nominated in
-the manner as is provided by law in primary elections. The candidate who shall
-receive the highest number of votes shall be deemed elected for the remainder of
-the term. The name of the candidate against whom the recall petition is filed
-shall go on the ticket unless he resigns within ten days after the filing of the
-petition. After one such petition and special election, no further recall
-petition shall be filed against the same officer during the term for which he
-was elected.  This article shall be self executing and all of its provisions
-shall be treated as mandatory.  Laws may be enacted to facilitate its operation,
-but no law shall be enacted to hamper, restrict or impair the right of recall.
-[Approved Mar 16, 1920]
-==== ARTICLE XXXIV. ====
-Sec. 161. The legislative assembly shall have authority to provide by law for
-the leasing of lands granted to the state for educational and charitable
-purposes; but no such law shall authorize the leasing of said lands for a longer
-period than five years. Said lands shall only be leased for pasturage and meadow
-purposes and at a public auction after notice as heretofore provided in case of
-sale; provided, that all of said school lands now under cultivation may be
-leased, at the discretion and under the control of the Board of University and
-School Lands, for other than pasturage and meadow purposes until sold. All rents
-shall be paid in advance.
-Provided, further, that coal lands may also be leased for agricultural
-cultivation upon such terms and conditions and for such a period, not exceeding
-five years, as the legislature may provide.
-[Approved Mar 16, 1920]
-==== ARTICLE XXXV. ====
-Section 183. The debt of any county, township, city, town, school district or
-any other political subdivision, shall never exceed the per centum upon the
-assessed value of the taxable property therein; provided that any incorporated
-city may, by a two-thirds vote, increase such indebtedness three per centum on
-such assessed value beyond said five per centum limit, and a school district, by
-a majority vote may increase such indebtedness five per cent on such assessed
-value beyond said five per centum limit; provided also that any county or city
-by a majority vote may issue bonds upon any revenue producing utility owned by
-such county or city, or for the purchasing or acquiring the same or building or
-establishment thereof, in amounts not exceeding the physical value of such
-utility, industry or enterprise.
-In estimating the indebtedness which a city, county, township, school district
-or any other political subdivision may incur, the entire amount, exclusive of
-the bonds upon said revenue producing utilities, whether contracted prior or
-subsequent to the adoption of this constitution, shall be included; provided
-further that any incorporated city may become indebted in any amount not
-exceeding four per centum of such assessed value without regard to the existing
-indebtedness of such city for the purpose of constructing or purchasing
-waterworks for furnishing a supply of water to the inhabitants of such city, or
-for the purpose of constructing sewers, and for no other purpose whatever. All
-bonds and obligations in excess of the amount of indebtedness permitted by this
-constitution, given by any city, county, township, town, school district, or any
-other political subdivision shall be void.
-[Approved Mar 16, 1920]
-==== ARTICLE XXXVI. ====
-Every qualified elector who shall have resided in the state one year, and in the
-county ninety days, and in the precinct thirty days next preceding any election,
-shall be entitled to vote at such election; provided, that where a qualified
-elector moves from one precinct to another within the same county, he shall be
-entitled to vote in the precinct from which he moved, until he establishes his
-residence in the precinct to which he moved.
-[Approved Mar 16, 1920]
-==== ARTICLE XXXVII. ====
-Section 121.  Every person of the age of twenty-one years or upwards, belonging
-to either of the following classes who shall have resided in the state one year
-and in the county ninety days and in the precinct thirty days next preceding any
-election shall be a qualified elector at such election.  First, citizens of the
-United States; second, civilized persons of Indian descent who have severed
-their tribal relation two years next preceding such election.
-[Approved Nov. 2, 1920]
-==== ARTICLE XXXVIII. ====
-Sec. 215. The following public institutions of the State are permanently located
-at the places hereinafter named, each to have the lands specifically granted to
-it by the United States in the Act of Congress approved February 22, 1889, to be
-disposed of and used in such manner as the Legislative Assembly may prescribe
-subject to the limitations provided in the article on school and public lands
-contained in this Constitution.
-First: The seat of government at the City of Bismarck in the County of Burleigh.
-Second: The State University and the School of Mines at the city of Grand Forks,
-in the County of Grand Forks.
-Third: The Agricultural  College at the City of Fargo, in the County of Cass.
-Fourth: A State Normal School at the city of Valley City, in the County of
-Barnes, and the Legislative Assembly, in apportioning the grant of eighty
-thousand acres of land for normal schools made in the act of Congress referred
-to shall grant to the said Normal School at Valley City, as aforementioned,
-fifty thousand (50,000) acres, and said lands are hereby appropriated to said
-institution for that purpose.
-Fifth: The School for the Deaf and Dumb of North Dakota at the City of Devils
-Lake, in the County of Ramsey.
-Sixth: A State Training School at the City of Mandan, in the County of Morton.
-Seventh: A State Normal School at the City of Mayville, in the County of Traill,
-and the Legislative Assembly in apportioning the grant of lands made by Congress
-in the act aforesaid for State Normal Schools shall assign thirty thousand
-(30,000) acres to the institution hereby located at Mayville, and said lands are
-hereby appropriated for said purpose.
-Eighth: A State Hospital for the Insane at the City of Jamestown, in the County
-of Stutsman.  And the Legislative Assembly shall appropriate twenty thousand
-acres of the grant of lands made by the Act of Congress aforesaid for other
-educational and charitable institutions to the benefit and for the endowment of
-said institution, and there shall be located at or near the City of Grafton, in
-the County of Walsh, an institution for the Feeble Minded, on the grounds
-purchased by the Secretary of the Interior for a Penitentiary building.
-[Approved Nov. 2, 1920]
-==== ARTICLE XXXVIII. ====
-Sec. 162. The moneys of the permanent school fund and other educational funds
-shall be invested only in bonds of school corporations or of counties, or of
-townships, or of municipalities within the state, bonds issued for the
-construction of drains under authority of law within the state, bonds of the
-United States, bonds of the State of North Dakota, or on first mortgages on farm
-lands in this state, not exceeding in amount one-half of the actual value of any
-sub-division on which the same may be loaned, such value to be determined by the
-board of appraisal of school lands.
-[Approved Nov. 2, 1920]
-==== ARTICLE XL. ====
-Every qualified elector, who shall have resided in the state one year, in the
-county 90 days and in the precinct 30 days next preceding any election, shall be
-entitled to vote at such election. Provided that where a qualified elector
-moves from one precinct to another within the state he shall be entitled to vote
-in the precinct from which he moves until he establishes his residence in the
-precinct to which he moves.
-[Approved Jun. 28, 1922]
-==== ARTICLE XLI. ====
-Sec. 173. At the First general election held after the adoption of this
-Constitution, and every two years thereafter, there shall be elected in each
-organized county in the State, a register of deeds, county auditor, treasurer,
-sheriff, states attorney, county judge and a clerk of the district court, who
-shall be electors in the county in which they are elected and who shall hold
-their office until their successors are elected and qualified; provided in
-counties having six thousand population or less the county judge shall also be
-the clerk of the district court. The legislative assembly shall provide by law
-for such other county, township and district ofiicers as may be deemed
-necessary, and shall prescribe the duties and compensation of all county,
-township and district officers. The sheriff and treas- urer of any county shall
-not hold their respective offices for more than four years in succession.
-[Approved Mar. 18, 1924]
-==== ARTICLE XLII. ====
-Sec. 182. The State may issue or guarantee the payment of bonds, provided that
-all bonds in excess of two million dollars shall be secured by first mortgage
-upon real estate in amounts not to exceed one-half of its value; or upon real
-and personal property of state owned utilities, enterprises or industries, in
-amounts not exceeding its value, and provided further, that the state shall not
-issue or guarantee bonds upon property of state owned utilities, enterprises or
-industries in excess of ten million dollars.
-No further indebtedness shall be incurred by the state unless evidenced by a
-bond-issue, which shall be authorized by law for certain purposes, to be clearly
-defined. Every law authorizing a bond issue shall provide for levying an annual
-tax, or make other provision, sufficient to pay the interest semi-annually, and
-the principal within thirty years from the date of the issue of such bonds, and
-shall specially appropriate the proceeds of such tax, or of such other
-provisions to the payment of said principal and interest, and such appropriation
-shall not be repealed nor the tax or other provisions discontinued until such
-debt, both principal and interest, shall have been paid. No debt in excess of
-the limit named herein shall be incurred except for the purpose of repelling
-invasion, suppressing insurrection, defending the state in time of war or to
-provide for the public defense in case of threatened hostilities.
-[Approved Mar. 18, 1924]
-==== ARTICLE XLIII. ====
-Sec. 82. There shall be chosen by the qualified electors of the State at the
-times and places of choosing members of the legislative assembly, a secretary of
-state, auditor, treasurer, superintendent of public instruction, commissioner of
-insurance, three commissioners of railroads, one attorney general and one
-commissioner of agriculture and labor, who shall have attained the age of
-twenty- five years, shall be citizens of the United States, and shall have the
-qualifications of state electors. They shall severally hold their offices at the
-seat of government, and, with the exception of the commissioners of railroads,
-for the term of two years and until their successors are elected and duly
-qualified, but no person shall be eligible to the office of treasurer for more
-than two consecutive terms.  Of the commissioners of railroads elected at the
-general election in 1926, the one having held his office for the longest time
-shall serve for six years; the one having held his office the next longest time
-shall serve for four years, and the one having held this office the shortest
-time, shall serve for two years, provided, however, if two or more such
-commissioners shall have held such office an equal or no length of time, the one
-having the highest vote shall serve for the longer term; thereafter one
-commissioner of railroads shall be elected every two years, and shall hold his
-office for a term of six years and until his successor is elected and qualified.
-[Approved Jun. 30, 1926]
-==== ARTICLE XLIV. ====
-Sec. 179. All taxable property except as hereinafter in this section provided,
-shall be assessed in the county, city, township, village or district in which it
-is situated, in the manner prescribed by law. The property, including franchises
-of all railroads operated in this state, and of all express companies, freight
-line companies, dining car companies, sleeping car companies, car equipment
-companies, or private car line companies, telegraph or telephone companies, the
-property of any person, firm or corporation used for the purpose of furnishing
-electric light, heat or power, or in distributing the same for public use, and
-the property of any other corporation, firm or individual now or hereafter
-operating in this state, and used directly or indirectly in the carrying of
-persons, property or messages, shall be assessed by the State Board of
-Equalization in a manner prescribed by such state board or commission as may be
-provided by law. But should any railroad allow any portion of its railway to be
-used for any purpose other than the operation of a railroad thereon, such
-portion of its railway, while so used shall be assessed in a manner provided for
-the assessment of other real property.
-[Approved Mar. 20, 1928]
-==== ARTICLE XLV. ====
-Sec. 104. The State shall be divided into not less than six judicial districts,
-in each of which there shall be elected at general elections by the electors
-thereof one or more judges of the District Court therein as may be provided by
-law. The term of office of a Judge of the District Court hereafter elected shall
-be six years from the first Monday in January succeeding his election and he
-shall hold his office until his successor is duly qualified. At the general
-election in 1932 there shall be elected as many judges as there are judgeships
-to be filled in each Judicial District; the candidate receiving the highest
-number of votes shall be elected to a term of six years, the candidate receiving
-the next highest number of votes shall be elected to a term of four years, and
-in case three judges are to be elected, the candidate receiving the next highest
-number of votes shall be elected to a term of two years, and thereafter each
-judge shall be elected to a term of six years.
-[Approved Jun. 25, 1930]
-==== ARTICLE XLVI. ====
-Sec. 90. The judges of the Supreme Court shall be elected by the qualified
-electors of the State at general elections. The term of office shall be ten
-years and the judges shall hold their offices until their successors are duly
-qualified and shall receive such compensation for their services as may be
-prescribed by law. Provided that this section shall not be applicable to the
-terms of office of judges of the Supreme Court elected prior to the general
-election of the year 1934, at which election three Supreme Court Judges shall be
-chosen; and the candidate at said election receiving the highest number of votes
-shall be elected for a term of ten years, the candidate receiving the next
-highest number of votes shall be elected for a term of eight years and the
-candidate receiving the next highest number of votes shall be elected for a term
-of six years.
-[Approved Jun. 25, 1930]
-==== ARTICLE XLVII. ====
-That Section 217, Article 20, of the Constitution of the State of North Dakota,
-be and the same is hereby repealed.
-[Approved Nov. 8, 1932]
-==== ARTICLE XLVIII. ====
-Sec. 173. At the first general election held after the adoption of this
-amendment, and every two years thereafter, there shall be elected in each
-organized county in the state, a register of deeds, county auditor, treasurer,
-sheriff, state's attorney, county judge and a clerk of the district court, who
-shall be electors in the county in which they are elected and who shall hold
-their office until their successors are elected and qualified; provided in
-counties having fifteen thousand population, or less, the county judge shall
-also be the clerk of the district court. Provided further that counties having a
-population of 6,000 or less, the register of deeds shall also be clerk of the
-district court and county judge. The legislative assembly shall provide by law
-for such other county, township and district officers as may be deemed
-necessary, and shall prescribe the duties and compensation of all county,
-township and district officers. The sheriff and treasurer of any county shall
-not hold their respective offices for more than four years in succession.
-[Approved Sep. 22, 1933]
-==== ARTICLE XLVIX. ====
-Sec. 63. Every bill shall be read two separate times, but the first and second
-readings may not be upon the same day; and the first reading may be by title of
-the bill only, unless upon such first reading, a reading at length is demanded.
-The second reading shall be at length. No legislative day shall be shorter than
-the natural day.
-[Approved Sep. 22, 1933]
-==== ARTICLE L. ====
-Sec. 158. No land shall be sold for less than the appraised value and in no case
-be sold for less than ten dollars ($10.00) per acre.  The purchaser shall pay
-one-fifth of the price in cash, and the remaining four-fifths as follows:
-One-fifth in five years, one-fifth on or before the expiration of ten years,
-one-fifth on or before the expiration of fifteen years, and onefifth on or
-before the expiration of twenty years, with interest at the rate of not less
-than three per cent per annum, payable annually; provided that when payments are
-made before due they shall be made at an interest paying date. All sales shall
-be held at the county seat of the county in which the land to be sold is
-situated, and shall be at public auction and to the highest bidder, after sixty
-days advertisement of the same in a newspaper of general circulation in the
-vicinity of the land to be sold, and one at the seat of government. Such lands
-as shall not have been specially subdivided shall be offered in tracts of one
-quarter section, and those subdivided in the smallest subdivisions. All lands
-designated for sale and not sold within two years after appraisal shall be
-reappraised before they are sold. No grant or patent for such lands shall issue
-until payment is made for the same; provided that the land contracted to be sold
-by the State shall be subject to taxation from the date of contract. In case the
-taxes assessed against any of said lands for any year remain unpaid until the
-first Monday in October of the following year, then thereupon the contract of
-sale for such land shall, if the Board of University and School Lands so
-determine, become null and void. Any lands under the provision of Section 158 of
-the Constitution of the State of North Dakota that have heretofore been sold,
-may be paid for, except as to interest as provided; provided further, that any
-school or institutional lands that may be required for townsite purposes, school
-house sites, church sites, cemetery sites, sites for other educational or
-charitable institutions, public parks, fair grounds, public highways, railroad
-right of way or for other railroad uses and purposes, reservoirs for the storage
-of water for irrigation, drain ditches, and lands that may be required for any
-of the purposes over which the right of eminent domain may be exercised under
-the Constitution and the laws of the State of North Dakota, may be sold under
-the provisions of this act, and shall be paid for, principal and interest, in
-full in advance at the time of the sale, or at any time thereafter, and patent
-issued therefor, when principal and interest are paid. Any of the said lands,
-including lands held in trust for any purpose, may, with the approval of the
-Board of University and School Lands, be exchanged for lands of the United
-States, as the Legislature may provide, and the lands so acquired shall be
-subject to the trust, if any, to which the lands exchanged therefor were
-subject, and the State shall reserve all mineral and water and water power
-rights in lands so transferred by the State.
-Provided, further, that, when land has been sold on contract as hereinbefore
-provided, and the purchases [purchaser] or his heirs or assigns, has been
-unable, at least in part by reason of successive crop failures, to pay for the
-land purchased within twenty years after the date of purchase and such contract
-is in default and subject to cancellation, the Board of University and School
-Lands, may, if so requested by such purchaser or his heirs, or assigns, after
-declaring such contract terminated, resell the land described in such contract
-to such purchaser, or his heirs or assigns for the amount of the unpaid
-principal of the original purchase price plus the amount of unpaid accrued
-interest, but in no case shall the resale price be more than the original sale
-price, such contract of resale to be upon the same terms as said original
-contract excepting that the contract of resale may provide that the purchaser
-may pay the first one-fifth of the resale price in five equal successive annual
-installments, the first installment to be paid at the time of execution of the
-resale contract, and that such resale contract shall bear interest at the rate
-of three per cent per annum payable annually; and provided further, that this
-Section shall be deemed self-executing insofar as provision is made herein for
-resale of lands sold to the original purchaser or to his heirs or assigns.
-[Approved Jun. 28, 1938]
-==== ARTICLE LI. ====
-The Governor or any officer of this State, or any manager or executive head, or
-other person employed either directly or indirectly in any department, bureau,
-commission, institution, or industry of this State, or any member of any State
-board shall not appoint a member of the Legislative Assembly to any civil office
-or employment of any nature whatsoever, during the term for which said member of
-the Legislative Assembly shall have been elected.  No member Of the Legislative
-Assembly shall accept any such appointment to civil office or other employment
-during the term for which he was elected.
-[Approved Jun. 28, 1938]
-==== ARTICLE LII. ====
-Sec. 82. There shall be chosen by the qualified electors of the State at the
-times and places of choosing members of the Legislative Assembly, a secretary,
-auditor, treasurer, superintendent of public instruction, commissioner of
-insurance, three commissioners of railroads, an attorney general, a commissioner
-of agriculture and labor, and a tax commissioner, who shall have attained the
-age of twenty-five years and shall have the qualifications of state electors.
-They shall severally hold their offices at the seat of government for the term
-of two years and until their successors are elected and duly qualified; but no
-person shall be eligible for the office of treasurer for more than two
-consecutive terms; provided, however, the tax commissioner shall hold his office
-for the term of four years and until his successor is elected and duly
-qualified.
-The tax commissioner shall be elected on a no-party ballot and he shall be
-nominated and elected in the manner now provided for the nomination and election
-Of the superintendent of public instruc- tion.
-The first election of the tax commissioner shall not occur until the year 1940.
-[Approved Jun. 28, 1938]
-==== ARTICLE LIII. ====
-Sec. 186. (1.) All public moneys, from whatever source derived,
-shall be paid over monthly by the public official, employee, agent, director,
-manager, board, bureau, or institution of the State receiving
-the same, to the State Treasurer, and deposited by him to the credit
-of the State, and shall be paid out and disbursed only pursuant to
-appropriation first made by the Legislature; provided, however, that
-there is hereby appropriated the necessary funds required in the
-financial transactions of the Bank of North Dakota, and required
-for the payment of losses, duly approved, payable from the State
-Hail Insurance Fund, State Bonding Fund, and State Fire and Tor-
-nado Fund, and required for the payment of compensation to in-
-jured employees or death claims, duly approved, payable from the
-Workmens Compensation Fund, and required for authorized investments
-made by the Board of University and School Lands, and
-required for the financial operations of the State Mill and Elevator
-Association, and required for the payment of interest and principal
-of bonds and other fixed obligations of the State, and required for
-payments required by law to be paid to beneficiaries of the Teachers'
-Insurance and Retirement Fund, and required for refunds made
-under the provisions of the Retail Sales Tax Act, and the State
-Income Tax Law, and the State Gasoline Tax Law, and the Estate
-and Succession Tax Law, and the income of any State institution
-derived from permanent trust funds, and the funds allocated under
-the law to the State Highway Department and the various counties
-for the construction, reconstruction, and maintenance of public
-roads.
-This constitutional amendment shall not be construed to apply
-to fees and moneys received in connection with the licensing and organization
-of physicians and surgeons, pharmacists, dentists, osteopaths,
-optometrists, embalmers, barbers, lawyers, veterinarians,
-nurses, chiropractors, accountants, architects, hairdressers, Chiropodists,
-and other similarly organized, licensed trades and professions;
-and this constitutional amendment shall not be construed to amend
-or repeal existing laws or acts amendatory thereof concerning such
-fees and moneys.
-(2.) No bills, claims, accounts, or demands against the State
-or any county or other political subdivision shall be audited, allowed,
-or paid until a full itemized statement in writing shall be filed with
-the officer or officers whose duty it may be to audit the same, and
-then only upon warrant drawn upon the Treasurer of such funds
-by the proper officer or officers.
-(3.) This amendment shall become effective on July 1, 1939.
-[Approved Jun. 28, 1938]
-==== ARTICLE LIV. ====
-Sec. 1. A board of higher education, to be officially known as the State Board
-of Higher Education, is hereby created for the control and administration of the
-following state educational institutions, to-wit:
-(1) The State University and School of Mines, at Grand Forks, with their
-substations.
-(2) The State Agricultural College and Experiment Station, at Fargo, with their
-substations.
-(3) The School of Science, at Wahpeton.
-(4) The State Normal Schools and Teachers Colleges, at Valley City, Mayville,
-Minot and Dickinson.
-(5) The Normal and Industrial School, at Ellendale.
-(6) The School of Forestry, at Bottineau.
-(7) And such other State institutions of higher education as may hereafter be
-established.
-Sec. 2. (a) The State Board of Higher Education shall consist of seven (7)
-members, all of whom shall be qualified electors and taxpayers of the State, and
-who shall have resided in this State for not less than five (5) years
-immediately preceding their appointment, to be appointed by the Governor, by and
-with the consent of the Senate, from a list of names selected as hereinafter
-provided.  There shall not be on said board more than one (1) alumnus or former
-student of any one of the institutions under the jurisdiction of said State
-Board of Higher Education at any one time. No person employed by any institution
-under the control of the board shall serve as a member of said board, nor shall
-any employee of any such institution be eligible for membership on the State
-Board of Higher Education for a period of two (2) years following the
-termination of his employment.
-On or before the Ist day of February, 1939, the Governor shall nominate from a
-list of three names for each position, selected by the unanimous action of the
-President of the North Dakota Educational Association, the Chief Justice of the
-Supreme Court, and the Superintendent of Public Instruction, and, with the
-consent of a majority of the members-elect of the Senate, shall appoint from
-such list as such State Board of Higher Education seven (7) members, whose terms
-shall commence on the 1st day of July, 1939, one of which terms shall expire on
-the 30th day of June, 1940, and one on the 30th day of June in each of the years
-, 1942, 1943, 1944, 1945, and 1946. The term of office of members appointed
-to fill vacancies at the expiration of said terms shall be for seven (7) years,
-and in the case of vacancies otherwise arising, appointments shall be made only
-for the balance of the term of the members whose places are to be filled.
-(b) In the event any nomination made by the Governor is not consented to and
-confirmed by the Senate as hereinbefore provided, the Governor shall again
-nominate a candidate for such office, selected from a new list, prepared in the
-manner hereinbefore provided, which nomination shall be submitted to the Senate
-for confirmation, and said proceedings shall be continued until such
-appointments have been confirmed by the Senate, or the session of the
-legislature shall have adjourned.
-(c) When any term expires or a vacancy occurs when the legislature is not in
-session, the Governor may appoint from a list selected as hereinbefore provided,
-a member who shall serve until the opening of the next session of the
-legislature, at which time his appointment shall be certified to the Senate for
-confirmation, as above provided; and if the appointment be not confirmed by the
-thirtieth legislative day of such session, his office shall be deemed vacant and
-the Governor shall nominate from a list selected as hereinbefore provided,
-another candidate for such office and the same proceedings shall be followed as
-are above set forth; provided further, that when the legislature shall be in
-session at any time within six (6) months prior to the date of the expiration of
-the term of any member, the Governor shall nominate his successor from a list
-selected as above set forth, within the first thirty (30) days of such session,
-and upon confirmation by the Senate such successor shall take office at the
-expiration of the term of the incumbent.  No person who has been nominated and
-whose nomination the Senate has failed to confirm, shall be eligible for an
-interim appointment.
-Sec 3. The members of the State Board of Higher Education may only be removed by
-impeachment for the offenses and in the manner and according to the procedure
-provided for the removal of the Governor by impeachment proceedings.
-Sec. 4. The appointive members of the State Board of Higher Education shall
-receive seven dollars ($7.00) per day and their necessary expenses for travel
-while attending meetings, or in the performances of such special duties as the
-board may direct; provided, however, no member shall receive a total
-compensation, exclusive of expenses, to exceed five hundred dollars ($500.00) in
-any calendar year; and no member shall receive total expense money in excess of
-five hundred dollars ($500.00) in any calendar year.
-Sec. 5. The legislature shall provide adequate funds for the proper carrying out
-of the functions and duties of the State Board of Higher Education.
-Sec. 6. (a) The State Board of Higher Education shall hold its first meeting at
-the office of the State Board of Administration at Bismarck, on the 6th day of
-July, 1939, and shall organize and elect one of its members as president of such
-board for a term of one year. It shall also at said meeting, or as soon
-thereafter as may be practicable, elect a competent person as secretary, who
-shall reside during his term of office in the City of Bismarck, North Dakota.
-Said secretary shall hold office at the will of the board.  As soon as said
-board is established and organized, it shall assume all the powers and perform
-all the duties now conferred by law upon the Board of Administration in
-connection with the several institutions hereinbefore mentioned, and the said
-Board of Administration shall immediately upon the organization of said State
-Board of Higher Education, surrender and transfer to said State Board of Higher
-Education all duties, rights, and powers granted to it under the existing laws
-of this State concerning the institutions hereinbefore mentioned, together with
-all property, deeds, records, reports, and appurtenances of every kind belonging
-or appertaining to said institutions.
-(b) The said State Board of Higher Education shall have full authority over the
-institutions under its control with the right, among its other powers, to
-prescribe, limit, or modify the courses offered at the several institutions. In
-furtherance of its powers, the State Board of Higher Education shall have the
-power to delegate to its employees details of the administration of the
-institutions under its control. The said State Board of Higher Education shall
-have full authority to organize or re-organize within constitutional and
-statutory limitations, the work of each institution under its control, and do
-each and everything necessary and proper for the efficient and economic
-administration of said State educational institutions.
-(c) Said board shall prescribe for all of said institutions standard systems of
-accounts and records and shall biennially, and within six (6) months immediately
-preceding the regular session of the legislature, make a report to the Governor,
-covering in detail the operations of the educational institutions under its
-control.
-(d) It shall be the duty of the heads of the several state institutions
-hereinbefore mentioned, to submit the budget requests for the biennial
-appropriations for said institutions to said state board of higher education;
-and said state board of higher education shall consider said budgets and shall
-revise the same as in its judgment shall be for the best interests of the
-educational system of the state; and thereafter the state board of higher
-education shall prepare and present to the state budget board and to the
-legislature a single unified budget covering the needs of all the institutions
-under its control. "Said budget shall be prepared and presented by the board of
-administration until the state board of higher education organizes as provided
-in section 6 (a)." The appropriations for all of said institutions shall be
-contained in one legislative measure. The budgets and appropriation measures for
-the agricultural experiment stations and their substations and the extension
-division of the North Dakota State University of Agriculture and Applied Science
-may be separate from those of state educational institutions.
-(e) The said State Board of Higher Education shall have the control of the
-expenditure of the funds belonging to, and allocated to such institutions and
-also those appropriated by the legislature, for the institutions of higher
-education in this State; provided, however, that funds appropriated by the
-legislature and specifically designated for any one or more of such
-institutions, shall not be used for any other institution.
-Sec. 7. (a) The State Board of Higher Education shall, as soon as practicable,
-appoint for a term of not to exceed three (3) years, a State Commissioner of
-Higher Education, whose principal ofiice shall be at the State Capitol, in the
-City of Bismarck. Said Commissioner of Higher Education shall be responsible to
-the State Board of Higher Education and shall be removable by said board for
-cause.
-(b) The State Commissioner of Higher Education shall be a graduate of some
-reputable college or university, and why by training and experience is familiar
-with the problems peculiar to higher education.
-(c) Such Commissioner of Higher Education shall be the chief executive officer
-of said State Board of Higher Education, and shall perform such duties as shall
-be prescribed by the board.
-Sec. 8. This constitutional provision shall be self-executing and shall become
-effective without the necessity of legislative action.
-[Approved Jun. 28, 1938]
-==== ARTICLE LV. ====
-Sec. 1 That Section 167 of the Constitution of the State of North Dakota, is
-hereby amended and re-enacted to read as follows:
-Sec. 167. The Legislative Assembly shall provide by general law for organizing
-new counties, locating county seats thereof temporarily, and changing the county
-lines; but no new county shall be organized, nor shall any organized county be
-so reduced as to include an area of less than twenty-four congressional
-townships, and containing a population of less than five thousand bona fide
-inhabitants.  And in the organization of new counties and in changing the lines
-of organized counties and boundaries of congressional townships the natural
-boundaries shall be observed as nearly as may be.
-The Legislative Assembly shall also provide by general law for the consolidation
-of counties, and for their dissolution, but no counties shall be consolidated
-without a fifty-five per cent vote of those voting on the question in each
-county affected, and no county shall be dissolved without a fifty-five per cent
-vote of the electors of such county voting on such question.
-Sec. 2. That Section 170 of the Constitution of the State of North Dakota, is
-hereby amended and re-enacted to read as follows:
-Sec. 170. The Legislative Assembly shall provide by law for optional forms of
-government for counties, which forms shall be, in addition to that form provided
-by Sections 172 and 173 of the Constitution, and which forms shall specify the
-number, functions and manner of selection of county officers, but no such
-optional form of government shall become operative in any county until submitted
-to the electors thereof at a special election or a general election, and
-approved by fiftyfive per cent of those voting thereon. The manner of
-exercising the powers herein granted shall be by general laws, but such laws
-shall provide that the initiative for the submission of the question of the
-adoption of one of the optional forms of county government may be had either by
-a vote of not less than two-thirds of the county legislative body or upon
-petition of electors of the county equal to at least fifteen per centum of the
-total number of voters of the county who voted for Governor at the last general
-election.  Among the optional forms of county government to be provided by the
-Legislative Assembly under this provision, at least one form shall provide for a
-county manager.
-Sec. 3. That Section 171 of the Constitution of the State of North Dakota be and
-the same is hereby repealed.
-Sec. 4. That Section 172 of the Constitution of the State of North Dakota is
-hereby amended and re-enacted to read as follows:
-Sec. 172. Until one of the optional forms of county government provided by the
-Legislative Assembly under Section I70 of the Constitution, as amended, be
-adopted by any county, the fiscal affairs of said county shall be transacted by
-a board of county commissioners.  Said board shall consist of not less than
-three and not more than five members whose terms of office shall be prescribed
-by law. Said board shall hold sessions for the transaction of county business,
-as shall be provided by law.
-Sec. 5. That Section 173 of the Constitution of the State of North Dakota, as
-amended, is hereby amended and re-enacted to read as follows:
-Sec. 173. At the first general election after the adoption of this amendment,
-and every two years thereafter, there shall be elected in each county organized
-under the provisions of Section 172 of the Constitution, a register of deeds,
-county auditor, treasurer, sheriff, state's attorney, county judge and a clerk
-of the district court, who shall be electors in the county in which they are
-elected and who shall hold office until their successors are elected and
-qualified; provided in counties having fifteen thousand population or less, the
-county judge shall also be clerk of the district court; provided further that in
-counties having a population of 6,000 or less, the register of deeds shall also
-be clerk of the district court and county judge. The sheriff and treasurer of
-any county shall not hold their respective offices for more than four years in
-succession.
-[Approved Jun. 25, 1940]
-==== ARTICLE LVI. ====
-. Revenue from gasoline and other motor fuel excise and license taxation, motor
-vehicle registration and license taxes, except revenue from aviation gasoline
-and unclaimed aviation motor fuel refunds and other aviation motor fuel excise
-and license taxation used by aircraft, after deduction of cost of administration
-and collection authorized by legislative appropriation only, and statutory
-refunds, shall be appropriated and used solely for construction, reconstruction,
-repair and maintenance of public highways, and the payment of obligations
-incurred in the construction, reconstruction, repair and maintenance of public
-highways.
-[Amended Jun 28, 1960]
-==== ARTICLE LVII. ====
-Sec. 82. There shall be chosen by the qualified electors of the state at the
-times and places of choosing members of the legislative assembly, a secretary of
-state, auditor, treasurer, superintendent of public instruction, commissioner of
-insurance, three public service commissioners, an attorney general, a
-commissioner of agriculture and labor, and a tax commissioner, who shall have
-attained the age of twenty-five years and shall have the qualifications of state
-electors.  They shall severally hold their offices at the seat of government for
-the term of two years and until their successors are elected and duly qualified;
-but no person shall be eligible for the office of treasurer for more than two
-consecutive terms; provided, however, the tax commissioner shall hold his office
-for the term of four years and until his successor is elected and duly
-qualified; and provided, further, that the public service commissioners shall
-severally hold their offices for the term of six years and until their
-successors are elected and duly qualified.
-The tax commissioner shall be elected on a no-party ballot and he shall be
-nominated and elected in the manner now provided for the nomination and election
-of the superintendent of public instruction.  The first election of a tax
-commissioner shall not occur until the year 1940.
-At the general election in 1940 there shall be chosen two public service
-commissioners to fill the two terms expiring on the first Monday in January,
-. The candidate at said election receiving the highest number of votes shall
-be elected for a term of six years, and the candidate receiving the next highest
-number of votes shall be elected for a term of four years. Thereafter there
-shall be chosen one such public service commissioner every two years.
-The board of railroad commissioners shall hereafter be known as the public
-service commission and the members of the board of railroad commissioners as
-public service commissioners and the powers and duties now or hereafter granted
-to and conferred upon the board of railroad commissioners are hereby transferred
-to the public service commission.
-[Approved Jun. 25, 1940]
-==== ARTICLE LVIII. ====
-That Section 158 of Article 9 of the Constitution of the State of North Dakota,
-as amended by Article 13 of the Amendments thereof, as further amended by
-Article 50 of the amendments thereof, is hereby amended and reenacted to read
-as follows:
-Sec. 158. No original grant school or institutional land shall he
-sold for less than the fair market value thereof, and in no case for
-less than ten dollars ($10.00) per acre. provided that when lands
-have been sold on contract and the contract has been cancelled, such
-lands may be resold without reappraisement by the board of appraisal.
-The purchaser shall pay twenty (20) per cent of the purchase
-price at the time the contract is executed; thereafter annual
-payments shall be made of not less than six (6) per cent of the
-original purchase price. An amount equal to not less than three (3)
-per cent per annum of the unpaid principal shall be credited to interest
-and the balance shall be applied as payment on principal as
-credit on purchase price. The purchaser may pay all or any installment
-or installments not yet due to any interest paying date. If the
-purchaser so desires, he may pay the entire balance due on his
-contract with interest to date of payment at any time and he will
-then be entitled to proper conveyance.
-All sales shall be held at the county seat of the county in which
-the land to be sold is situated, and shall be at public auction and to
-the highest bidder, and notice of such sale shall be published once
-each week for a period of three weeks prior to the day of sale in
-a legal newspaper published nearest the land and in the newspaper
-designated for the publication of the official proceedings and legal
-notices within the county in which said land is situated.
-No grant or patent for such lands shall issue until payment is
-made for the same; provided that the land contracted to be sold by
-the State shall be subject to taxation from the date of the contract.
-In case the taxes assessed against any of said lands for any year
-remain unpaid until the first Monday in October of the following
-year, the contract of sale for such land shall, if the Board of University
-and School Lands so determine, by it, be declared null and void.
-No contract of sale heretofore made under the provisions of said
-Section 158 of the Constitution as then providing shall be affected by
-this amendment, except prepayment of principal may be made as
-herein provided.
-Any of said lands that may be required for townsite purposes,
-school house sites, church sites, cemetery sites, sites for other educational
-or charitable institutions, public parks, air plane landing
-fields, fair grounds, public highways, railroad rightof-way, or other
-railroad uses and purposes, reservoirs for the storage of water for
-irrigation, irrigation canals, and ditches, drainage ditches, or for any
-of the purposes for which private lands may be taken under the right
-of eminent domain under the Constitution and Laws of this state,
-may be sold under the provisions of this Article, and shall be paid
-for in full at the time of sale, or at any time thereafter as herein
-provided. Any of said lands and any other lands controlled by the
-Board of University and School Lands, may, with the approval of
-said Board, be exchanged for lands of the United States, the State
-of North Dakota or any county or municipality thereof as the Legislature
-may provide, and the lands so acquired shall be subject to
-the trust to which the lands exchanged therefor were subject, and
-the State shall reserve all mineral and water power rights in lands
-so transferred.
-When any of said lands have been heretofore or may be hereafter
-sold on contract, and the purchaser or his heirs or assigns is unable
-to pay in full for the land purchased within twenty years after the
-date of purchase and such contract is in default and subject to being
-declared null and void as by law provided, the Board of University
-and School Lands may, after declaring such contract null and void,
-resell the land described in such contract to such purchaser, his
-heirs or assigns, for the amount of the unpaid principal, together
-with interest thereon reckoned to the date of such resale at the rate
-of not less than three (3%) per cent, but in no case shall the resale
-price he more than the original sale price; such contract of resale
-shall be upon the terms herein provided, provided this seetion shall
-be deemed self-executing insofar as the provisions for resale herein
-made are concerned.
-[Approved Jun. 27, 1944]
-==== ARTICLE LIX. ====
-The legislative assembly of the state of North Dakota is hereby authorized and
-empowered to provide by legislation for the issuance, sale, and dellvery of the
-bonds of the state of North Dakota in the principal amount of not to exceed
-$27,000,000.00, the proceeds thereof to be used in the payment of adjusted
-compensation to North Dakota veterans of World War II on the basis of term of
-service, and under such terms and conditions as the legislative assembly may
-prescribe.
-[Approved Jun. 29, 1948]
-==== ARTICLE LX. ====
-Sec. 1. Upon the adoption of this amendment to the constitution of the state of
-North Dakota there shall be annually levied by the state of North Dakota one
-mill upon all of the taxable property within the state of North Dakota which,
-when collected, shall be covered into the state treasury of the state of North
-Dakota and placed to the credit of the North Dakota State Medical Center at the
-University of North Dakota; said fund shall be expended as the legislature shall
-direct for the development and maintenance necessary to the efficient operation
-of the said North Dakota State Medical Center.
-Sec. 2. This amendment shall be self-executing, but legislation may be enacted
-to facilitate its operation.
-[Approved Nov. 2, 1948]
-==== ARTICLE LXI. ====
-Sec. 162. The moneys of the permanent school fund and other educational funds
-shall be invested only in bonds of school corporations or of counties, or of
-townships, or of municipalities within the state, bonds issued for the
-construction of drains under authority of law within the state, bonds of the
-United States, bonds of the state of North Dakota, or on first mortgages on farm
-lands in this state to the extent such mortgages are guaranteed or insured by
-the United States or any instrumentality thereof, or if not so guaranteed or
-insured, not exceeding in amount one-half of the actual value of any subdivision
-on which the same may be loaned such value to be determined by the board of
-appraisal of school lands.
-[Approved Jun. 24, 1952]
-==== ARTICLE LXII. ====
-Sec. 173. At the first general election after the adoption of this amendment,
-and every two years thereafter, there shall be elected in each county, organized
-under the provisions of section 172 of the constitution of the state of North
-Dakota, a register of deeds, county auditor, treasurer, sheriff, state's
-attorney, county judge and a clerk of the district court, who shall be electors
-in the county in which they are elected and who shall hold office until their
-successors are elected and qualified; provided in counties having fifteen
-thousand population or less, the county judge shall also be clerk of the
-district court; provided further that in counties having a population of six
-thousand or less, the register of deeds shall also be clerk of the district
-court and county judge. The treasurer of any county shall not hold his or her
-respective office for more than four years in succession. The legislative
-assembly shall enact appropriate legislation to make this amendment effective at
-their first session after its adoption.
-[Approved Jun. 24, 1952]
-==== ARTICLE LXIII. ====
-Sec. 216. Second: The blind asylum shall be known as the North Dakota school for
-the blind and may be removed from the county of Pembina to such other location
-as may be determined by the board of administration to be in the best interests
-of the students of such institution and the state of North Dakota.
-[Approved Jun. 24, 1952]
-==== ARTICLE LXIV. ====
-Sec. 138. No corporation shall issue stock or bonds except for money, labor
-done, or money or property actually received; and all fictitious increase of
-stock or indebtedness shall be void. The stock and indebtedness of corporations
-shall not be increased except in pursuance of general law, nor without the
-consent of the persons holding the larger amount in value of the stock first
-obtained.
-[Approved Jun. 29, 1954]
-==== ARTICLE LXV. ====
-Sec. 1. The legislative assembly of the state of North Dakota is hereby
-authorized and empowered to provide by legislation for the issuance, sale and
-delivery of the bonds of the state of North Dakota in the principal amount not
-to exceed $9,000,000.00, the proceeds thereof to be used in payment of adjusted
-compensation to North Dakota veterans of the Korean conflict who served in the
-armed forces of the United States or any of its allies during the period from
-June 25, 1950 to July 27, 1953 on the basis of terms of service, and under such
-terms and conditions as the legislative assembly may prescribe.
-[Approved Jun. 26, 1956]
-==== ARTICLE LXVI. ====
-Sec. 14. Private property shall not be taken or damaged for public use without
-just compensation having been first made to, or paid into court for the owner.
-No right of way shall be appropriated to the use of any corporation until full
-compensation therefor be first made in money or ascertained and paid into court
-for the owner, irrespective of any benefit from any improvement proposed by such
-corporation, which compensation shall be ascertained by a jury, unless a jury be
-waived, provided however, that when the state or any of its departments,
-agencies or political subdivisions seeks to acquire right of way, it may take
-possession upon making an offer to purchase and by depositing the amount of such
-offer with the clerk of the district court of the county wherein the right of
-way is located. The clerk shall immediately notify the owner of such deposit.
-The owner may thereupon appeal to the court in the manner provided by law, and
-may have a jury trial, unless a jury be waived, to determine the damages.
-[Approved Jun. 26, 1956]
-==== ARTICLE LXVII. ====
-Section 173 of article 10 of the Constitution of the state of North Dakota,
-as amended, is hereby reenacted to read as follows:
-Sec. 173. At the first general election after the adoption of this amendment,
-and every two years thereafter, there shall be elected in each county, organized
-under the provision of section 172 of the Constitution of the state of North
-Dakota, a register of deeds, county auditor, treasurer, sheriff, state's
-attorney, county judge and a clerk of the district court, who shall be electors
-in the county in which they are elected and who shall hold office until their
-successors are elected and qualified; provided in counties having fifteen
-thousand population or less, the county judge shall also be clerk of the
-district court; provided further that in counties having a population of six
-thousand or less the register of deeds shall also be clerk of the district court
-and county judge. The legislative assembly shall enact appropriate legislation
-to make this amendment effective at their first session after its adoption.
-[Approved Jun. 26, 1956]
-==== ARTICLE LXVIII. ====
-Sec. 203. Second. The people inhabiting this state do agree and declare that
-they forever disclaim all right and title to the unappropriated public lands
-lying within the boundaries thereof, and to all lands lying within said limits
-owned or held by any Indian or Indian tribes, and that until the title thereto
-shall have been extinguished by the United States, the same shall be and remain
-subject to the disposition of the United States, and that said Indian lands
-shall remain under the absolute jurisdiction and control of the Congress of the
-United States, provided, however, that the Legislative Assembly of the state of
-North Dakota may, upon such terms and conditions as it shall adopt, provide for
-the acceptance of such jurisdiction as may be delegated to the state by act of
-Congress; that the lands belonging to citizens of the United States residing
-without this state shall never be taxed at a higher rate than the lands
-belonging to residents of this state; that no taxes shall be imposed by this
-state on lands or property therein, belonging to, or which may hereafter be
-purchased by the United States or reserved for its use. But nothing in this
-article shall preclude this state from taxing as other lands are taxed, any
-lands owned or held by any Indian who has severed his tribal relations, and has
-obtained from the United States or from any person, a title thereto, by patent
-or other grant, save and except such lands as have been or may be granted to any
-Indian or Indians under any acts of Congress containing a provision exempting
-the lands thus granted from taxation, which last mentioned lands shall be exempt
-from taxation so long, and to such an extent, as is, or may be provided in the
-act of Congress granting the same.
-[Approved Jun. 24, 1958]
-==== ARTICLE LXIX. ====
-Sec. 121. Every person of the age of twenty-one or upwards who is a citizen of
-the United States and who shall have resided in the state one year and in the
-county ninety days and in the precinct thirty days next preceding any election
-shall be a qualified elector at such election. Provided that where a qualified
-elector moves from one precinct to another within the state he shall be entitled
-to vote in the precinct from which he moves until he establishes his residence
-in the precinct to which he moves.
-[Approved Jun. 24, 1958]
-==== ARTICLE LXX. ====
-Sec. 82. There shall be chosen by the qualified electors
-of the state at the times and places of choosing members of the
-legislative assembly, a secretary of state, auditor, treasurer,
-superintendent of public instruction, commissioner of insurance,
-three public service commissioners, an attorney general,
-a commissioner of agriculture and labor, and a tax commissioner,
-who shall have attained the age of twenty-five
-years and shall have the qualifications of state electors. They
-shall severally hold their offices at the seat of government for
-the term of two years and until their successors are elected
-and duly qualified; but no person shall be eligible for the
-office of treasurer for more than two consecutive terms; provided,
-however, the tax commissioner shall hold his office for
-the term of four years and until his successor is elected and
-duly qualified; and provided further, that the public service
-commissioners shall severally hold their offices for the term
-of six years and until their successors are elected and duly
-qualified:
-The legislative assembly may by law provide for a department of
-labor which, if provided for, shall be separate and
-distinct from the department of agriculture, and shall be administered
-by a public official who may be either elected or
-appointed, whichever the legislative assembly shall declare;
-and if such a department is established, the commissioner of
-agriculture and labor provided for above shall become the
-commissioner of agriculture.
-The tax commissioner shall be elected on a no-party ballot
-and he shall be nominated and elected in the manner now
-provided for the nomination and election of the superintendent
-of public instruction. The first election of a tax commissioner
-shall not occur until the year 1940.
-At the general election in 1940 there shall be chosen two
-public service commissioners to fill the two terms expiring
-on the first Monday in January, 1941. The candidate at said
-election receiving the highest number of votes shall be elected
-for a term of six years, and the candidate receiving the next
-highest number of votes shall be elected for a term of four
-years. Thereafter there shall be chosen one such public service
-commissioner every two years.
-The board of railroad commissioners shall hereafter be
-known as the public service commission and the members of
-the board of railroad commissioners as public service commissioners
-and the powers and duties now or hereafter granted
-to and conferred upon the board of railroad commissioners are
-hereby transferred to the public service commission.
-Sec. 83. The powers and duties of the secretary of state,
-auditor, treasurer, superintendent of public instruction, commissioner
-of insurance, commissioners of railroads, attorney
-general and commissioner of agriculture and labor shall be
-prescribed by law. In the event that the legislative assembly
-shall establish a separate and distinct department of labor, the
-powers and duties of the officer administering such department
-of labor shall be prescribed by law.
-Sec. 84. Salaries of public officers shall be as prescribed
-by law, but the salaries of any of the said officers shall not be
-increased or diminished during the period for which they
-shall have been elected, and all fees and profits arising from
-any of the said offices shall be covered into the state treasury.
-[Approved Jun. 28, 1960]
-==== ARTICLE LXXI. ====
-Sec. 155. After one year from the assembling of the first legislative assembly
-the lands granted to the state from the United States for the support of the
-common schools, may be sold upon the following conditions and no other: No more
-than one-fourth of all such lands shall be sold within the first five years
-after the same become salable by virtue of this section.  No more than one-half
-of the remainder within ten years after the same become salable as aforesaid.
-The residue may be sold at any time after the expiration of said ten years. The
-legislative assembly shall provide for the sale of all school lands subject to
-the provisions of this article. In all sales of lands subject to the provisions
-of this article all minerals therein, including but not limited to oil, gas,
-coal, cement materials, sodium sulphate, sand and gravel, road material,
-building stone, chemical substances, metallic ores, uranium ores, or colloidal
-or other clays, shall be reserved and excepted to the state of North Dakota,
-except that leases may be executed for the extraction and sale of such materials
-in such manner and upon such terms as the legislative assembly may provide.
-[Approved Jun. 28, 1960]
-==== ARTICLE LXXII. ====
-Sec. 26. The senate shall be composed of fortynine members.
-Sec. 29. Each existing senatorial district as provided by law at the effective
-date of this amendment shall permanently constitute a senatorial district. Each
-senatorial district shall be represented by one senator and no more.
-Sec. 35. Each senatorial district shall be represented in the House of
-Representatives by at least one representative except that any senatorial
-district comprised of more than one county shall be represented in the House of
-Representatives by at least as many representatives as there are counties in
-such senatorial district. In addition the Legislative Assembly shall, at the
-first regular session after each federal decennial census, proceed to apportion
-the balance of the members of the House of Representatives to be elected from
-the several senatorial districts, within the limits prescribed by this
-Constitution, according to the population of the several senatorial districts.
-If any Legislative Assembly whose duty it is to make an apportionment shall fail
-to make the same as herein provided it shall be the duty of the Chief Justice of
-the Supreme Court, Attorney General, Secretary of State, and the majority and
-minority leaders of the House of Representatives within ninety days after the
-adjournment of the legislature to make such apportionment and when so made a
-proclamation shall be issued by the Chief Justice announcing such apportionment
-which shall have the same force and effect as though made by the Legislative
-Assembly.
-[Approved Jun. 28, 1960]
-==== ARTICLE LXXIII. ====
-Article LVI.
-. Revenue from gasoline and other motor fuel excise and license taxation, motor
-vehicle registration and license taxes, except revenue from aviation gasoline
-and unclaimed aviation motor fuel refunds and other aviation motor fuel excise
-and license taxation used by aircraft, after deduction of cost of administration
-and collection authorized by legislative appropriation only, and statutory
-refunds, shall be appropriated and used solely for construction, reconstruction,
-repair and maintenance of public highways, and the payment of obligations
-incurred in the construction, reconstruction, repair and maintenance of public
-highways.
-[Approved Jun. 28, 1960]
-==== ARTICLE LXXIV. ====
-Paragraph third of section 215 of Article XIX of the Constitution of the state
-of North Dakota, as amended, is hereby amended and reenacted to read as
-follows:
-Third: The North Dakota State University of Agriculture and Applied Science at
-the City of Fargo, in the County of Cass.
-[Approved Jun. 28, 1960]
-==== ARTICLE LXXV. ====
-The legislative assembly, in order to insure continuity of state and local
-governmental operations in periods of emergency resulting from disaster caused
-by enemy attack, shall have the power and immediate duty (1) to provide for
-prompt and temporary succession to the powers and duties of public offices, of
-whatever nature and whether filled by election or appointment, the incumbents of
-which may become unavailable for carrying on the powers and duties of such
-offices, and (2) to adopt such other measures as may be necessary and proper for
-insuring the continuity of governmental operations including, but not limited
-to, waiver of constitutional restrictions upon the place of transaction of
-governmental business, upon the calling of sessions of the legislative assembly,
-length of sessions, quorum and voting requirements, subjects of legislation and
-appropriation bill requirements, upon eligibility of legislators to hold other
-offices, residence requirements for legislators, and upon expenditures, loans or
-donations of public moneys. In the exercise of the powers hereby conferred the
-legislative assembly shall in all respects conform to the requirements of this
-Constitution except to the extent that in the judgment of the legislative
-assembly so to do would be impracticable or would admit of undue delay.
-[Approved Jun. 26, 1962]
-==== ARTICLE LXXVI. ====
-Sec. 1. Notwithstanding any other provision in the Constitution, and for the
-purpose of promoting the economic growth of the state, the development of its
-natural resources, and the prosperity and welfare of its people, the state may
-issue bonds and use the proceeds thereof to make loans to privately or
-cooperatively owned enterprises to plan, construct, acquire, equip, improve, and
-extend facilities for converting natural resources into power and generating and
-transmitting such power, and to acquire real and personal property and water and
-mineral rights needed for such facilities.
-Sec. 2. The state may issue general obligation bonds for this purpose to an
-amount which, with all outstanding general obligation bonds, less the amount of
-all money on hand and taxes in process of collection which are appropriated for
-their payment, will not exceed five percent of the full and true value of all of
-the taxable property in the state, to be ascertained by the last assessment made
-for state and county purposes: but nothing herein shall increase or diminish the
-limitations established by other provisions of the Constitution on the amount of
-bonds therein authorized to be issued.
-Sec. 3. The state may also issue revenue bonds for the purpose of providing part
-or all of the funds required for any project undertaken under section 1, payable
-solely from sums realized from payments of principal and interest on money
-loaned for such project, and from other similar projects if so determined by the
-legislature, and from the liquidation of security given for such payments.
-Revenue bonds issued for any project shall not exceed the cost thereof,
-including all expenses reasonably incurred to complete and finance the project,
-but shall not be subject to any other limitation of amount.
-Sec. 4. The full faith and credit of the state shall be pledged for the prompt
-and full payment of all bonds issued under section 2. Its obligation with
-respect to bonds issued under section 3 shall be limited to the prompt and full
-performance of such covenants as the legislature may authorize to be made
-respecting the enforcing of the provisions of underlying loan agreements and the
-segregation, accounting, and application of bond proceeds and of loan payments
-and other security pledged for the payment of the bonds. All bonds authorized by
-sections 1 to 3, inclusive, shall mature within forty years from their
-respective dates of issue, but may be refunded at or before maturity in such
-manner and for such term and upon such conditions as the legislature may direct.
-Any such bonds may, but need not be, secured by mortgage upon real or personal
-property acquired with the proceeds of the same or any other issue of general
-obligation or revenue bonds, or upon other property mortgaged by the debtor.
-Pledges of revenues and mortgages of property securing bonds of any issue may be
-prior or subordinate to or on a parity with pledges and mortgages securing any
-other issue of general obligation or revenue bonds, as determined by the
-legislature from time to time in conformity with any provisions made for the
-security of outstanding bonds.
-Sec. 5. The legislature shall pass such laws as are appropriate to implement
-this amendment.
-Sec. 6. If any section of this amendment, or any part of a section, or any
-application thereof to particular circumstances should be held invalid for any
-reason, such invalidity shall not affect the validity of all remaining
-provisions of this amendment which may be given effect without that which is
-declared invalid, as applied to any circumstances: and for this purpose all
-sections and parts of sections and applications thereof are declared to be
-severable.
-[Approved Nov. 6, 1962]
-==== ARTICLE LXXVII. ====
-Sec. 173. There shall be elected in each county, organized under the provisions
-of section 172 of the Constitution of the state of North Dakota, a register of
-deeds, county auditor, treasurer, sheriff, state's attorney, county judge and a
-clerk of the district court, who shall be electors in the county in which they
-are elected and who shall hold their office for a term of four years and until
-their successors are elected and qualified; provided in counties having fifteen
-thousand population or less, the county judge shall also be clerk of the
-district court; provided further that in counties having population of six
-thousand or less the register of deeds shall also be clerk of the district court
-and county judge. This amendment shall be construed as applying to the officers
-elected at the general election in 1962. This amendment shall be self-executing,
-but legislation may be enacted to facilitate its operation.
-[Approved Nov. 6, 1962]
-==== ARTICLE LXXVIII. ====
-Subdivision (d) of subsection 6 of Article 54 of the Amendments to the
-Constitution of the state of North Dakota is hereby amended and reenacted to
-read as follows:
-. (d). It shall be the duty of the heads of the several state institutions
-hereinbefore mentioned, to submit the budget requests for the biennial
-appropriations for said institutions to said state board of higher education;
-and said state board of higher education shall consider said budgets and shall
-revise the same as in its judgment shall be for the best interests of the
-educational system of the state; and thereafter the state board of higher
-education shall prepare and present to the state budget board and to the
-legislature a single unified budget covering the needs of all the institutions
-under its control. "Said budget shall be prepared and presented by the board of
-administration until the state board of higher education organizes as provided
-in section 6 (a)." The appropriations for all of said institutions shall be
-contained in one legislative measure. The budgets and appropriation measures for
-the agricultural experiment stations and their substations and the extension
-division of the North Dakota State University of Agriculture and Applied Science
-may be separate from those of state educational institutions.
-[Approved Jun. 30, 1964]
-==== ARTICLE LXXIX. ====
-Section 113 of the Constitution of the state of North Dakota is hereby amended
-and reenacted to read as follows:
-Sec. 113. The legislative assembly shall provide by law for the selection or
-election and the qualifications of municipal judges in cities, incorporated
-towns, and villages, who shall hear, try, and determine cases arising under the
-ordinances of said cities, towns and villages, and shall have such other
-jurisdiction as the legislative assembly may confer upon them.
-[Approved Jun. 30, 1964]
-==== ARTICLE LXXX. ====
-SECTION 71 OF ARTICLE III: The executive power shall be vested in a governor,
-who shall reside at the seat of government and shall hold his office for the
-term of four years beginning in the year 1965, and until his successor is
-elected and duly qualified.
-SECTION 82 OF ARTICLE III: There shall be chosen by the qualified electors of
-the state at the times and places of choosing members of the legislative
-assembly, a secretary of state, auditor, treasurer, superintendent of public
-instruction, commissioner of insurance, an attorney general, a commissioner of
-agriculture and labor, and a tax commissioner, who shall have attained the age
-of twenty-five years and shall have the qualifications of state electors. They
-shall severally hold their offices at the seat of government for the term of
-four years beginning with the year 1965, and until their successors are elected
-and duly qualified; but no person shall be eligible for the office of treasurer
-for more than two consecutive terms. The tax commissioner shall be elected on a
-no party ballot and he shall be nominated and elected in the manner now provided
-for the nomination and election of the superintendent of public instruction.
-The board of railroad commissioners shall hereafter be known as the public
-service commission and the members of the board of railroad commissioners as
-public service commissioners and the powers and duties now or hereafter granted
-to and conferred upon the board of railroad commissioners are hereby transferred
-to the public service commission. The public service commissioners shall have
-the qualifications of state electors, have attained the age of twenty-five
-years, be chosen by the qualified electors of the state at the times and places
-of choosing members of the legislative assembly, hold office at the seat of
-government and until their successors are elected and duly qualified. As each of
-the three public service commissioners now holding office completes his term,
-his successor shall be elected for a term of six years.
-The legislative assembly may by law provide for a department of labor, which, if
-provided for, shall be separate and distinct from the department of agriculture,
-and shall be administered by a public official who may be either elected or
-appointed, whichever the legislative assembly shall declare; and if such a
-department is established the commissioner of agriculture and labor provided for
-above shall become the commissioner of agriculture.
-SECTION 150 OF ARTICLE VIII: A superintendent of schools for each county shall
-be elected every four years beginning in the year 1964, whose qualifications,
-duties, powers and compensation shall be fixed by law.
-This amendment shall be self executing, but legislation may be enacted to
-facilitate its operation.
-[Approved Jun. 30, 1964]
-==== ARTICLE LXXXI. ====
-The tenth paragraph of section 25 of the Constitution of the state of North
-Dakota as printed in the North Dakota Century Code which reads:
-All measures submitted to the electors shall be published by the state as
-follows: "The secretary of state shall cause to be printed and mailed to each
-elector a publicity pamphlet, containing a copy of each measure together with
-its ballot title, to be submitted at any election. Any citizen, or the officers
-of any organization, may submit to the secretary of state for publication in
-such pamphlet, arguments concerning any measure therein, upon first subscribing
-their names and addresses thereto and paying the fee therefor, which, until
-otherwise fixed by the legislature, shall be the sum of two hundred dollars per
-page."
-is hereby repealed.
-[Approved Nov. 3, 1964]
-==== ARTICLE LXXXII. ====
-Section 175 of the Constitution of the state of North Dakota is hereby amended
-and reenacted to read as follows:
-Sec. 175. No tax shall be levied except in pursuance of law, and every law
-imposing a tax shall state distinctly the object of the same, to which only it
-shall be applied. Notwithstanding the foregoing or any other provisions of this
-Constitution, the legislative assembly, in any law imposing a tax or taxes on,
-in respect to or measured by income, may define the income on, in respect to or
-by which such tax or taxes are imposed or measured or may define the tax itself
-by reference to any provision of the laws of the United States as the same may
-be or become effective at any time or from time to time, and may prescribe
-exceptions or modifications to any such provision.
-[Approved Sep. 6, 1966]
-==== ARTICLE LXXXIII. ====
-Section 150 of the Constitution of the state of North Dakota is hereby amended
-and reenacted to read as follows:
-Sec. 150. A superintendent of schools for each county shall be elected every
-four years beginning in the year 1964, whose qualifications, duties, powers and
-compensation shall be fixed by law. Provided, however, a superintendent of
-schools may be elected by and serve two or more counties or parts of counties as
-provided by law.
-[Approved Sep. 6, 1966]
-==== ARTICLE LXXXIV. ====
-Section 130 of the Constitution of the state of North Dakota is hereby amended
-and reenacted to read as follows:
-Sec. 130. Except in the case of home rule cities and villages as provided in
-this section the legislative assembly shall provide by general law for the
-organization of municipal corporations, restricting their powers as to levying
-taxes and assessments, borrowing money, and contracting debts. Money raised by
-taxation, loan or assessment for any purpose shall not be diverted to any other
-purpose except by authority of law.
-The legislative assembly shall provide by law for the establishment of home rule
-in cities and villages. It may authorize such cities and villages to exercise
-all or a portion of any power or function which the legislative assembly has
-power to devolve upon a non-home rule city or village, not denied to such city
-or village by its own home rule charter and which is not denied to all home rule
-cities and villages by statute.  The legislative assembly shall not be
-restricted in granting of home rule powers to home rule cities and villages by
-section 183 of this Constitution.
-[Approved Nov. 8, 1966]
-==== ARTICLE LXXXV. ====
-Section 148 of the Constitution of the state of Mirth Dakota is hereby amended
-and reenacted to read as follows:
-Sec. 148. The legislative assembly shall provide for a uniform system of free
-public schools throughout the state, beginning with the primary and extending
-through all grades up to and including schools of higher education, except that
-the legislative assembly may authorize tuition, fees and service charges to
-assist in the financing of public schools of higher education.
-[Approved Sep. 3, 1968]
-==== ARTICLE LXXXVI. ====
-Section 1. Amendment. Section 41 of the Constitution of the state of North
-Dakota is hereby amended and reenacted to read as follows:
-SECTION 41. The term of service of the members of the legislative assembly shall
-begin on the first day of December following their election, or at such other
-time as may be prescribed by law.
-Section 2. Amendment. Section 53 of the Constitution of the state of North
-Dakota is hereby amended and reenacted to read as follows:
-SECTION 53. The legislative assembly shall meet at the seat of government in the
-month of December following the election of the members thereof for
-organizational and orientation purposes as provided by law and shall thereafter
-recess until twelve o'clock noon on the first Tuesday after the first Monday in
-January or at such other time as may be prescribed by law but not later than the
-eighth day of January.
-Section 3. Amendment. Section 56 of the Constitution of the state of North
-Dakota is hereby amended and reenacted to read as follows:
-SECTION 56. Each session of the legislative assembly shall not exceed sixty
-legislative days, except in the case of impeachment.  The organizational meeting
-of the legislative assembly as provided in section 53 shall not be counted as
-part of such sixty legislative days.
-[Approved Sep. 3, 1968]