Page:United States Statutes at Large Volume 13.djvu/116

 88 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 95. 1864. be entitled to vote at said first election, and shall be eligible to any Votm at office within the said territory; butlthe qualifications of voters, and of subsequent holding office, it all]subsequentbilections, shall be such as shall be pre- ¢l°<>*i°¤· scribed b the e is ative assem. Sec. (Sl And é it further enazed, That the legislative power of the H,E{;°°;'}tf;;€;la_ territory shall extend to all rightful subjects of legislation consistent with tive power. the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States, nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of representatives of the said territory shall, before it becomes a law, be presented to the governor of the territory. If Vetv power`- he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If: after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within three days (Sunday excepted) after it shall have been presented to him, the same shall bea law, in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return; in Slavery mt which case it shall not be a law: Provided, That whereas slavery is pro- P°;g‘é;*°g;_ HL hibited in said territory by act of congress of June nineteenth, eighteen V0l.drii.p.432. hundred and sixty-two, nothing herein contained shall be construed to authorize or permit its existence therein. _Township, dis- Seo. 7. And be it further enacted, That all township, district, and fjéjfégd °°““tY county officers, not herein otherwise provided for, shall be appointed or elected, as the ease may be, in such manner as shall be provided by the governor and legislative assembly of the Territory of Montana. The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of.the first session of the legislative assembly, and shall lay oil? the necessary districts for members of the council and house of representatives, and all other officers. 88;*g:::j°f';02ft0 Sec. 8. And be it further enacted, That no member of the legislative hom Cari,,,,, 0,-. assembly shall hold or be appointed to any office which shall have been aces. created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall m;vnj)‘;r:°:,*;S§° not be applicable to members of the first legislative assembly. And no sembiy or office— person holding a. commission or appointment under the United States, exh*>l*!¤¤*¤ the cept postmasters, shall be a member of the legislative assembly, or shall °°mt°r-Y' hold any oince under the government of said territory. J¤di¢i¤lp<>W€¤· BEC. 9. And be it further enacted, That the judicial power of said ter- Supremeeourt. ritory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chiefjustice and two associate justices, any two of whom shall -constitute a quorum, and who shall hold a term at the seat of government of said territory annually; and they shall hold their offices during the period of _ _ four years, and until their successors shall be appointed and qualified. D‘“°"°* °°““’· The said territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in