Page:United States Statutes at Large Volume 12.djvu/203

THIRTY-SIXTH CONGRESS. Sess. ll. Ch. 59. 1861. 173 cember in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate for the use of Congress. And in case of the death, removal, or resignation, or other necessary absence Wlwn *° °°'° of the governor from the Territory, the secretary shall have, and he is °s g°Vam°r' hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. Sec. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legisla- Lwdmv, M_ tive assembly. The legislative assembly shall consist of a council and sembly. house of representatives. The council shall consist of nine members, Council. which may be increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of thirteen members, which Hoggé of Rpm. may be increased to twenty-six, possessing the same qualifications as pre- ¤¤¤i¤¤*'¢S· scribed for members of the council, and whose term of service shall continue one year. An apportionment shall be made, as nearly equal as Apporuonmque. practicable, among the several counties or districts For the election of the council and house of representatives, giving to each section of the Territory representation in the ratio of its population (Indians excepted) as nearly as may be; and the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district for which they may be elected, respectively. Previous to the first election the governor shall cause a census or enumeration of the inhabitants of the C.mS,,,,_ several counties and districts of the Territory to be taken ; and the first election shall be held at such time and places and be conducted in such El°°*l°¤*· manner as the governor shall appoint and direct; and he shall, at the same time, declare the number of the members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That in ease of a tie between two or more p,w,,,,,_ persons voted for, the governor shall order a new election, to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term _Length of sesof forty days, except the first, which may be extended to sixty days, but ***0**5* no longer. S20. 5. And be it further enacted, That every free white male citizen of the United States above the age of twenty-one years, who shall have vom-, quam_ been a resident of said Territory at the time of the passage of this act, cations. including tnose recognized as citizens by the treaty with the Republic of Mexico, concluded February two, eighteen hundred and forty-eight, and V01J_P` 1031. the treaty neqotiated with the same country on the thirtieth day of De- _ cembcr, eighteen hundred and fifty-three, shall be entitled to vote at the v°l· ‘X· P· 922* Erst election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the legislative assembly.