Mr. Griggs introduced the following as a proposed article of the Constitution, which was read the first time: COUNTIES. SECTION 1. The several counties of the territory of Dakota, lying north of the 7th standard parallel, as they now exist, are hereby declared to be counties of the state of North Dakota. SECTION 2. No new county shall be established which shall reduce any county to less than four hundred square miles, or to less than two thousand inhabitants, nor shall any county be formed of less area, or containing a less population. SECTION 3. No county shall be divided, or have any part stricken therefrom, without first submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question shall vote for the same. SECTION 4. There shall be no territory stricken from any organized county unless a majority of the voters living in such territory shall petition for such division, and no territory shall be added to any organized county, unless a majority of the voters living in such county shall vote therefor, but the portion so stricken off and added to another county, or formed in whole or in part into a new county shall be holden for, and obliged to pay its proportion of the indebtedness of the counties from which it has been taken. SECTION 5. Vhe legislative assembly shall have no power to remove the county seat of any county, but the removal of county seats shall be provided for by general law, and no county seat shall be removed, unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, vote therefor, and no such proposition shall be submitted oftener than once in four years, and no person shall vote on such proposition, who shall not have resided in the county six months, and in the election precinct ninety days next preceeding such election. Mr. Moer moved that the article be read the second time by its title. Which motion prevailed, and The article was read the second time by its title, and referred to the Committee on County and Township Organization. Mr. Scott offered the following resolution: Resolved, That the Committee on Printing be instructed to arrange, upon the most favorable terms, for the printing of the Daily Journal of the Convention-500 copies of the Journals to be bound at the end of the session for distribution among the members and for exchange with other state and territorial libraries, and not less than 300 copies daily to be furnished for the immediate use of the members, either in pamphlet or newspaper form, as the committee may deem best and the Convention may approve. Mr. Williams moved the adoption of the resolution. Which motion prevailed. Mr. Moer offered the following resolution and moved its adoption: WHEREAS, The road-bed and rolling stock of the Northern Pacific railroad is at present by virtue of its charter, exempt from taxation in this territory, and whereas, it is important and necessary for this Convention to determine whether or not said road bed and rolling stock can be made subject to taxation under the Constitution about to be formed, and whereas, great differences of opinion exist as to the power of this Convention in the premises. Now therefore, be it Resolved, That the said matter of the power of this Convention to provide for the taxation of said property be referred to the Judicary Com mittee for their opinion thereon and that said committee be and are hereby instructed to report thereon within one week from this date. Which resolution was adopted. Mr. Stevens moved that the Journal, in addition to all resolutions, shall contain all articles proposed to be incorporated in the Constitution. Which motion prevailed. Mr. Scott offered the following resolution and moved that it be referred to the Judiciary Committee. Resolved, That no judge of any court established under this Constitution, shall, after the adoption thereof, be allowed to draw or receive any salary unless he shall take and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains undecided, that has been submitted for decision for the period of ninety days. Which motion prevailed. Mr. Richardson moved that this Convention do order that all county officers now holding office in the proposed State of North Dakota remain in office and draw their salary until the end of the term for which they were elected, and that their bonds hold good for the same period. Mr. Scott moved that it be referred to the Committee on Schedule. Mr. Rolfe moved as an amendment that it be referred to the Committee on County and Township Organization. Which amendment was lost, and the original motion prevailed. MR. PRESIDENT: REPORTS OF SPECIAL COMMITTEES. Your committee to whom was submitted the matter of committee rooms respectfully submit the following report: There are to be had five rooms in the capitol building, viz.: The offices of the Attorney General, Committee of Immigration, Railroad Commission, Council room and one room off the Council room. There are six rooms in the First National Bank block which can be had for one month for the sum of $90.00; a janitor will be furnished to take care of the rooms. The rooms are unfurnished, except one which has a desk and some chairs, and one which has a desk. The opinion of the Territorial Secretary is that the congressional appropriation does not cover the expense that may attend the renting of rooms away from the capitol building. E. D. WALLACE, Mr. Blewett moved that the report be received and placed on file. Which motion prevailed. Mr. Miller was excused from attendance on July 13th. Which motion prevailed, and the Convention adjourned. J. G. HAMILTON, Chief Clerk. SATURDAY, July 13, 1889. The Convention assembled at 2 o'clock p. m., pursuant to adjournment. The President presiding. Prayer was offered by the Chaplain. The roll was called, all members being present except Messrs Bennett, Budge, Griggs, Lowell, McHugh, Miller, Scott and Whipple, who were excused. Mr. Purcell moved that the privileges of the floor be extended to the Commission from South Dakota. Which motion prevailed. Mr. Stevens introduced the following resolution, and moved its adoption. Resolved, That all matter to be incorporated in the Constitution shall be first introduced in the Convention by resolution, be read a first time and on second reading shall be referred to the appropriate committee without debate, and no matter shall be incorporated in the Constitution until the subject to which it relates shall have first been considered and reported upon by the Committee of the Whole. Each article or resolution so introduced shall be printed, giving its consecutive number of introduction, and a copy thereof furnished to each member before its second reading. Mr. Harris moved to amend by striking out the words "by resolution," and to add at the close thereof the words "providing that nothing in this resolution shall prevent the introduction of original matter by any standing committee. Mr. Spalding moved that the resolution be made a special order for Monday, at 3 o'clock p. m. Which motion prevailed. Mr. Stevens moved that the Commitee on Printing ascertain the probable cost of printing, if the provisions of the resolution are carried out. Which motion was lost. Mr. Lauder offered the following resolution and moved its adoption: Resolved, That a select committee of five be appointed by the President to whom shall be referred all questions relating to the seat of government. Mr. Moer moved that the further consideration of the resolution be indefinitely postponed. Which motion prevailed. The Committee on printing submitted the following report: MR. PRESIDENT: Your committee to whom was submitted the matter of printing the daily Journal of the Convention, 500 copies to be bound at the end of the session for distribution among the members and for exchange with other state and territorial libraries, and not less than 300 copies daily to be furnished for the immediate use of the members, either in pamphlet or newspaper form, submit the following terms given by the TRIBUNE of Bismarck, N. D: Composition 75c per 1000 ems; press work 60c per 240 impressions; binding, paper, etc., at regular commercial rates as now paid by the Government for similar work; $3.50 per one hundred copies of daily Journal in pamphlet form, $3 newspaper form. Your committee also recommend that in addition to the daily Journal there be printed in pamphlet form for the use of members 240 copies of each article introduced by the members of this Convention and that the same be printed after first reading. We recommend the acceptance of the TRIBUNE'S proposition and that the Journals be printed in pamphlet form. ROGER ALLIN, Chairman. Mr. Stevens moved that the report of the committee on printing be adopted. Which motion prevailed. INTRODUCTION OF ARTICLES. Mr. Johnson introduced File No. 3— COMPACT WITH THE UNITED STATES. The following article shall be irrevocable without the consent of the United States and the people of this state. SECTION 1. 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. un of SEC. 2. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the appropriated public lands lying within the boundaries this state, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and 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 said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States. Lands belonging to citizens of the United States, residing without this state, shall never be taxed at a higher rate than lands belonging to residents of this state. No taxes shall ever be imposed by this state on lands or property herein belonging to, or which may hereafter be purchased by, the United States or reserved for its use. But nothing herein contained 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 act of congress containing a provision exempting such lands from taxation, and such lands shall be exempt from taxation by this state so long and to such extent as such act of congress may prescribe. SEC. 3. The debts and liabilities incurred by the Territory of Dakota previous to the adoption of this Constitution, shall be assumed and paid by this state in such proportion as shall be agreed upon by a joint commission composed of members of the Constitutional Conventions of North Dakota and South Dakota, respectively, as set forth in Article of this Constitution. SEC. 4. There shall be established and maintained a system of public schools in this state which shall be open to all the children of this state and free from sectarian control. Which was read the first time. Also File No. 4 CORPORATIONS. SECTION 1. No corporation shall be created or have its charter extended, changed or amended by special laws except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state; but the Legislature shall provide by general laws for the organization of all corporations hereafter to be created. SEC. 2. All existing charters, or grants of special or inclusive 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. 3. The Legislature shall not remit the forfeiture of the charter to any corporation now existing, nor alter or amend the same, nor pass any other general or 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. 4. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the Legislature 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 the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State. SEC. 5. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candi: date or distribute them upon two or more candidates, as he may prefer. SEC. 6. No foreign corporation shall do any 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. 7. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business. SEC. 8. No corporation shali issue stocks 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 at a meeting to be held after sixty days' notice given in pursuance of law. SEC. 9. The legislature shall have the power to alter, revise or annul any charter of any corporation now existing and revokable at the taking effect of this constitution, or any that may be created whenever in their opinion it may be injurious to the citizens of the state; in such a manner, however, that no injustice shall be done to the incorporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation. SEC. 10. No law shall be passed by the legislature granting the right to construct and operate a street railroad 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 by such street railroad. SEC. 11. No president, director, officer, agent or employe of any railroad company shall be personally interested, directly or indirectly, in the furnishing of material or supplies for such company in any contract with such company for construction, or in the business of transportation as a common carrier of |