Page:United States Statutes at Large Volume 12.djvu/241

THIRTY—SIXTH CONGRESS. Sess. II. Ch. 83. 1861. 2ll assembly. The legislative assembly shall consist of a Council and House Council. of Representatives. The Council shall consist of nine members, 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 may How, of Repbe increased to twent ·six, possessing the same qualifications as prescribed r¢S¤¤¤!·iv¢¤· for members of the (louncil, and whose term of service shall continue one APl°°r°°°m°°° year. An apportionment shall be made, as nearly equal as 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 Erst election, the Governor shall cause a census or enumeration of the inhabitants of the several counties Census. and districts of the Territory to be taken; andthe first election shall be First election. held at such time and places, and be conducted in such 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 Proviso. in case of a tie between two or more 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, Subsequent and the apportioning the representations, in the several counties or dis- °l°°*~*°¤¤· tricts 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 of forty days, except the first, which _ Length of sesmay be extended to sixty days, but no longer. “‘°“S‘ Sec. 5. And be it further enacted, That every free white male inhabi- Voters. tant of the United States above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, shall be ntitled to vote at the first election, and shall be eligible to any 0E0e witliin the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be suclras shall be prescribed by the Legislative Assembly: Provided, That the right of suf? Provisofrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States. Src. 6. And be it further enacted, That the legislative power of the Legislative Territory shall extend to all rightful subjects of legislation consistent with P°‘""· 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; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in tax— ing diiferent kinds of property; but all property subject to taxation shall bein proportion to the value of the property taxed.