Page:United States Statutes at Large Volume 9.djvu/431

THIRTIETH CONGRESS. Sess. II. Ch. 121. 1849. 405 shall appoint and direct ;. and he shall, at the same time, declare the number of 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 HOW elections number of votes in each of said council districts for members of the ¤g¤11b¤¢<>¤d¤¤¤· 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 he entitled, shall be declared by the governor to be duly elected members of the house of representatives : Provided, That in case of a tie between two or more Proviso. 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, asthe 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 Provisc as to sessions of the legislative assembly: Provided, That no one session ;i'f§;,g{;‘;:;‘°;{ shall exceed the term of sixty days. sembly. Sec. 5. And be it further enacted, That every free white male in- Q,,,],,,,,,,,,,,,,, habitant above the age of twenty-one years, who shall have been a of voters. resident of said Territory at the time of the passage of this act, shall be entitled to vote at the first 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: Provided, That the right of sutirage Proviso. 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 and the provisions of this act. Sec. 6. And be it further enacted, That the legislative power of the Extent of 1,8;,, Territory shall extend to all rightful subjects of legislation, consistent htivs Dvwsrwith 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 tge lands or other property of residents. All the laws 1,,,,,,,0,),, wb_ passed by the egislative assembly and governor shall be submitted to mittcd to Conthe Congress of the United States, and, if disapproved, shall be null and g‘°”· of no eH`ect. Sec. 7, And be it further enacted, That all township, district, and }Ioyv township, county officers, not herein otherwise provided for, shall be appointed 0,5;*32 or elected, as the case may be, in such manner as shall be provided by Shan bg appoint. the governor and legislative assembly of the Territory of Minnesota. **6- 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 next N° m¢¤9l>¤_°*` session of the legislative assembly. ggsemggggyglg Sec. 8. And be it further enacted, That no member of the legisla- onine created tive assembly shall hold or be appointed to any office which shall have ;l;:fb;° ,:_“,.°‘; been created, or the salary or emoluments of which shall have been one yea; mmincreased, while he was a member, during the term for which he was met- Qmcers °f elected, and for one year after the expiration of such term; and no f,? 5$°%l,`E°,;`$ person holding a commission or appointment under the United States, States, except except postmasters, shall be a member of the legislative assembly, or fgstggaslggggbzgi shall hold any office under the government of said Territory. of the assembly,