assembly: Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days.

26 May 1864. Duration of ses

sions.

Ibid. 2 5.

voters.

5. All citizens of the United States and those who have declared their intentions to become such, and who are otherwise described and qualified under the fifth section of the act of congress providing for a temporary government for the territory of Idaho, Qualifications of approved March 3d 1863, shall be entitled to vote at said 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.

Ibid. 26.

6. The legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States, (a) and the provisions of this Extent of legisact; but no law shall be passed interfering with the primary disposal of the soil; no lative power. 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 he approve, he shall sign it; but if not he shall return it with his objec- Veto power. tions 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 twothirds of that house it shall become a law; (b) 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 be a law, in like manner as if he had signed it, unless the assembly by adjournment prevent its return; in which case it shall not be a law.

Ibid. 27

trict and county

7. All township, district and county officers not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by Appointment of the governor and legislative assembly of the territory of Montana. The governor shall township, disnominate, and by and with the advice and consent of the legislative council appoint all officers. 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 off the necessary districts for the members of the council and house of representatives and all other officers.

Ibid. 8.

office.

8. No member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been Exclusion of increased while he was a member, during the term for which he was elected, and for members from one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory.

9. For the purpose of reviving the legislative functions of the territory of Montana, 2 March 1867 25. which have been adjudged therein to have lapsed, the governor of said territory be and he is hereby authorized, on or before the first day of July 1867, to divide said Legislative dis territory into legislative districts for the election of members of the council and house of representatives, and to apportion among said districts the number of members of the legislative assembly provided for in the organic act of said territory, and the election Elections. of said members of the legislative assembly shall be held at such time and shall be conducted in the manner prescribed by the legislative assembly of said territory at the session thereof, begun and holden at the city of Bannack, in 1864 and 1865, and the qualifications of voters shall be the same as that prescribed by said organic act, saving Qualifications of and excepting the distinction therein made on account of race or color; and the legislative assembly, so elected, shall convene at the time prescribed by said legislative assembly at the session last aforesaid. The apportionment provided for in this section Appointments. shall be based upon such an enumeration of the qualified electors of the several legislative districts as shall appear from the election returns in the office of the secretary of said territory, and from such other sources of information as will enable the governor, without taking a new census, to make an apportionment which shall fairly represent the people of the several districts, in both houses of the legislative assembly, but the legislature may at any time change the legislative districts of the territory as fixed by the governor.

2 March 1867 2 6.

10. All acts passed at the two sessions of the so-called legislative assembly of the Certain acts dis- territory of Montana, held in 1866, are hereby disapproved and declared null and void, approved.

Saving vested rights.

1 March 1869 2 1. 15 Stat. 281.

except such acts as the legislative assembly herein authorized to be elected shall by special act in each case re-enact: Provided, however, That in all claims of vested rights thereunder, the party claiming the same shall not, by reason of anything in this section contained, be precluded from making and testing said claim in the courts of said territory: And provided further, That no legislation or pretended legislation in said territory, since the adjournment of the first legislative assembly, shall be deemed valid until the election of the legislative assembly herein provided for shall take place.

11. Hereafter the members of the house of representatives (a) of the territory of Montana shall be elected for the term of two years, and the stated sessions of the legislaBiennial sessions. tive assembly shall be biennial; and the said legislative assembly, at its first session after the passage of this act, shall provide by law for carrying this act into effect.

26 May 186429. 13 Stat. 88.

Supreme court.

IV. JUDICIARY.

District courts.

Jurisdiction.

12. The judicial power of said territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice 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. 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 the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title of land may be in dispute, or where

Justices of the peace.

&c.

courts.

Errors and appeals.

Chancery powers, the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts respectively shall possess chancery as well as common law jurisdiction. Clerks of district Each district court or the judge thereof shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exceptions and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as Clerk of supreme may be prescribed by law. The supreme court or the justices thereof shall appoint its own clerk; and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of supreme court of said supreme court shall be allowed, and may be taken to the supreme court of the

court.

Jurisdiction of

the United States.

Habeas corpus.

United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witnesses, shall exceed one thousand dollars, except that a writ of error or appeal shall be allowed to the supreme court of the United States from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writs of habeas corpus involving

Federal jurisdic- the question of personal freedom. And each of the said district courts shall have and

tion of the district courts.

What causes to

exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States; (6) and the first six days of every term of said courts, or so much thereof as shall be neceshave precedence. sary, shall be appropriated to the trial of causes arising under the said constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory the same as in other cases. The said clerks shall receive, in all such cases, the same fees which the clerks of the district courts of Washington territory now receive for similar services.

Fees of clerks.

Ibid. ? 10.

District attorney.

Marshal.

13. There shall be appointed an attorney for said territory, who shall continue in office four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States, and who shall receive the same fees and salary as the attorney of the United States for the present territory of Washington. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States. He shall perform the duties, be subject to the same regu

(a) By act 3 March 1869, 21, the members of both branches of the several territorial assemblies are to be chosen for the term of two years. 15 Stat. 300. Tit. "Territories" 8.

(b) The territorial district courts sit in two distinct capacities,

as local tribunals, and also as exercising the jurisdiction of federal courts; when sitting in the latter capacity, trial by jury, is a constitutional right. in a civil cause. Kleinschmidt v. Morse, 1 Chicago Leg. News 437.

lations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present territory of Washington, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

26 May 1864.

Ibid. 15

14. Until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, (a) and assign the judges who may be appointed for Judicial districts. said territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter or modify such judicial districts, and assign the judges and alter the times and places of holding the courts as to them shall seem proper and convenient.

14 Stat. 426.

probate courts.

15. The probate courts of the territory of Montana, in their respective counties, in 2 March 1867 22. addition to their probate jurisdiction, are hereby authorized to hear and determine civil causes wherein the damage or debt claimed does not exceed five hundred dollars, and Jurisdiction of such criminal cases arising under the laws of the territory as do not require the intervention of a grand jury: Provided, That they shall not have jurisdiction in any matter in controversy when the title or right to the peaceable possession of land may be in dispute, or chancery or divorce causes: And provided further, That in all cases an appeal may be taken from any order, judgment or decree of said probate court to the district court.

16. The chief justice and associate justices of said territory and the territory of Idaho, shall each receive an annual salary of thirty-five hundred dollars.

Ibid. 23.

Ibid. § 4.

17. The judges of the supreme court of said territory, or a majority of them, shall, when assembled at the seat of government of said territory, define the judicial districts Judges to define of said territory, and assign the judges who may be appointed for said territory to the judicial districts several districts, and shall also fix and appoint the times and places for holding the courts in the several counties or subdivisions in each of said judicial districts, and alter the times and places of holding the courts as to them shall seem proper and convenient, but not less than two terms shall be held at each place of holding court each year.

V. LANDS AND LAND OFFICES.

al.

13 Stat. 89.

18. There shall also be appointed by the president of the United States, by and with 26 May 1864 2 10. the advice and consent of the senate, a surveyor-general for said territory, who shall locate his office at such place as the secretary of the interior shall, from time to time, Surveyor-generdirect, and whose duties, powers, obligations, responsibilities, compensation and allowances for clerk-hire, office-rent, fuel and incidental expenses shall be the same as those of the surveyor-general of New Mexico, under the direction of the secretary of the interior, and such instructions as he may, from time to time, deem it advisable to give.

Ibid. 2 14.

19. When the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sec- School lands. tions numbered sixteen and thirty-six in each township in said territory shall be and the same are hereby reserved, for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same.

14 Stat. 542.

20. The public lands within the territories of Montana and Arizona, to which the 2 March 1867 82. Indian title is or shall be extinguished, shall each respectively constitute a new land district to be called the Montana district, and the Arizona district, respectively; and the Montana district. president is hereby authorized to appoint, by and with the advice and consent of the senate, a register and receiver of public moneys for each of said districts, respectively, who shall be required to reside at the places at which said offices shall be located; and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to land offices of the United States in other territories.

21. The secretary of the interior is hereby authorized to locate said offices of surveyor-general and registers and receivers of public moneys.

VI. COLLECTION DISTRICTS.

Ibid. § 2.

14 Stat. 33.

22. That the territories of Montana and Idaho be and the same are hereby made a 13 April 1866 22. new collection district, to be called the district of Montana and Idaho; and that a collector, with the same salary as is above provided (6) for each of the collectors of Port District of MonHuron and Michigan, shall be appointed to reside at the port of entry in said district, which shall be designated by the secretary of the treasury.

VII. MISCELLANEOUS PROVISIONS.

tana and Idaho.

23. The governor, secretary, chief justice and associate justices, attorney and marshal 26 Mav 1964 2 11 shall be appointed by the president of the United States, by and with the advice and consent of the senate. The governor and secretary to be appointed as aforesaid shall, Appointment of before they act as such respectively, take an oath or affirmation before the district judge, cers.

26 May 1864.

Oath of office.

Salaries,

or some justice of the peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified, or before the chief justice or some associate justice of the supreme court of the United States, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. And any person who has heretofore been appointed chief justice or associate justice of the territory of Idaho, who has not yet taken the oath of office, as prescribed by the act organizing said territory, may take said oath or affirmation before the chief justice or some associate justice of the supreme court of the United States. The governor shall receive an annual salary of two thousand five hundred dollars; * * the secretary shall receive an annual salary of two thousand dollars; the said salaries shall be paid quarter-yearly from the dates of the respective appointments at the treasury of the United States; but no payment shall be made until said

Compensation of officers shall have entered upon the duties of their respective appointments. The meinbers of assembly.

Officers of the legislature.

Sessions of the legislature.

members of the legislative assembly shall be entitled to receive four dollars each per day during their attendance at the sessions thereof, and four dollars each for every twenty miles' travel in going to and returning from said sessions, estimated according to the nearest usually travelled route; and an additional allowance of four dollars per day shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, one engrossing and one enrolling clerk, a sergeant-at-arms and doorkeeper may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislative assembly annually, unless, on an extraordinary occasion, the governor shall think proper to call

Appropriations. the legislative assembly together. There shall be appropriated annually the usual

Disbursements.

Ibid. § 12.

First session of the assembly.

Seat of government.

sum, to be expended by the governor, to defray the contingent expenses of the territory, including the salary of the clerk of the executive department; and there shall also be appropriated annually a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall semi-annually account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects.

24. The legislative assembly of the territory of Montana shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible: Provided, That the seat of government fixed by the governor and legislative assembly shall not be at any time changed except by an act of the said assembly duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question.

25. A delegate to the house of representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections the time and places, and manner of holding the elections, shall be prescribed by law; the person having the greatest number of legal votes shall be 26 May 1864. declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. The constitution and all laws of the United States, which are not locally Laws of the Uniinapplicable, shall have the same force and effect within the said territory of Montana tend to Montana. as elsewhere within the United States.

ted States to ex

rity.

26. All officers to be appointed by the president of the United States, by and with the Ibid. 2 14. advice and consent of the senate, for the territory of Montana, who, by virtue of the Disbursing offiprovisions of any law now existing, or which may be enacted by congress, are required cers to give secuto give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and in such manner as the secretary of the treasury may prescribe.

Ibid. 2 17.

27. All treaties, laws and other engagements made by the government of the United States with the Indian tribes inhabiting the territory embraced within the provisions of Indian treaties to this act, shall be faithfully and rigidly observed, anything contained in this act to the remain in force. contrary notwithstanding; and that the existing agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the president of the United States may, at his discretion, change the location of the office of said agencies or superintendents.

12 Stat. 558.

increaeed.

1. Upon all ships, vessels or steamers which, after the 31st day of December 1862, 14 July 1862 2 15. shall be entered at any custom-house in the United States, from any foreign port or place, or from any port or place in the United States, whether ships or vessels of the Tonnage duties United States, or belonging wholly or in part to subjects of foreign powers, there shall be paid a tax or tonnage duty of [ten] cents per ton of the measurement of said vessel, in addition to any tonnage duty now imposed by law: (a) Provided, That the said tax or tonnage duty shall not be collected more than once in each year on any ship, vessel or steamer having a license to trade between different districts of the United States, or to carry on the bank, whale or other fisheries, whilst employed therein, or on any ship, vessel or steamer, to or from any port or place in Mexico, the British provinces of North America, or any of the West India islands: (6) Provided also, That nothing in this act contained shall be deemed in anywise to impair any rights and privileges which have been, or may be acquired by any foreign nation, under the laws and treaties of the United States relative to the duty on tonnage of vessels. (c)

2. The term "license," in the first proviso to the 15th section of the act, entitled "An act increasing temporarily the duties on imports, and for other purposes," approved July 14th 1862, shall be held to extend to all vessels authorized by law to engage in the coasting trade, whether sailing under registers or enrolments and licenses.

29 Feb. 1864 2 2.

13 Stat. 12.

Exception of coasting vessels.

3. That so much of an act, entitled "An act for the regulation of seamen on board 28 June 1864 21 the public and private vessels of the United States," approved the 3d of March 1813, (d) as makes it not lawful to employ on board any of the public or private vessels of the Certain acts reUnited States, any person or persons except citizens of the United States or persons of