Page:United States Statutes at Large Volume 25.djvu/723

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678 FIFTIETH CONGRESS. Sess. II. OH. 180. 1889. shall be admitted as a State in the Union under said constitution as MMM M- hereinafter rovided· but the archives, records, and books of the Territory of Dakota shall remain at Bismarck, the capital of North Dako- _ ta, until an agreement in reference thereto is reached by said States. st%f1gP*i¤¤¤f¤¤*°°¤· But if at the election for delegates to the constitutional convention w"' in South Dakota a majority of all the votes cast at that election shall be " against the Sioux Falls constitution ", then and in that event it shall be the duty of the convention which will assemble at the city of Sioux Falls on the fourth day of July, eighteen hundred and eighty- nine, to proceed to form a constitution and State government as provided in this act the same as if that question had not been submitted to a vote of the people of South Dakota. _ _ . di·T3{¤¢ ¤¤mmi;t¤i¤¤¤; Sec. 6. It shal be the dutly of the constitutional conventions of nike;. ·F$g°mg·. ° North Dakota and South Da ota to appoint a joint commission, to be composed of not less than three members of each convention, whose duty it shall be to assemble at Bismarck, the present seat of government of said Territory, and agree upon an equita le division of all roperty belong to the Territory of Dakota, the disposition of public recornglu and also adjust and agree upon the amount of the debts and liabilities of the Territory, which shall be assumed and paid by each of the proposed States of North Dakota and South Dakota; and the vreement reached respecting the Territorial debts and liabilities shadl be inco rated in the respective constitutions, and each of said States shallxbbligate itself to pay its proportion of ·such debts and liabilities the same as if they been created by such States respectively. '1'¤{¤·iwri¤¤ tsgwfgf SEO. 7. If the constitutions formed for both North Dakota and South mhidmdhjgau. Dakota shall be rejected by the people at the elections for the ratifi- ‘ cation or rejection of their respective constitutions as provided for in this act, the Territorial government of Dakota shal continue in p..,v;,i.,,..;,,.,...,.,r existence the same as if this act had not been passed. But if the con-

  • N*?g§hf*°:l_ stitution formed for either North Dakota or South Dakota shall be

nn. rejected by the people, that part of the Territory so rejecting its pro- _ posed constitution shall continue under the Territorial government '· of the present Territory of Dakota, but shall, after the State ado t- ing its constitution is admitted into the Union, be called by die name of tlie Territorylof North Dakota or South Dakota, as the case mm. may be: Provided, That if either of the proposed States provided for in this act shall reject the constitution which ma be submitted for ratitication or rejection at the election provided therefor, the governor of the Territory in which such proposed constitution was Recomening of dei- rejected shall issue his ppoclamation reconvening the delegates elected g•$¤n8°;gu{;?0¤'°’m °°" to the convention whic formed such rejected constitution, fixing the _time and (place at which said delegates shall assemble; and when so assemble they shall proceed to form another constitution or to amend the re`ected constitution. and shall submit such new constitution or amended constitution to the people of the proposed State for ratification or rejection, at such time as said convention ma * determine; and all the provisions of this act, so far as applicable, shall apply to such convention so reassembled and to the constitution which may be formed, its ratification or rejection, and to the admission of the pro- ‘ posed State. souznmkora Sec. 8. That the constitutional convention which may assemble in ngutpwjvn gugg; South Dakota shall provide by ordinance for resubmittin the Sioux M1 °° °" Falls constitution o eighteen hundred and eighty-five, ader having amended the same as provided in section five of this act, to the people of South Dakota for ratification or rejection at an election to be eld therein on the first Tuesday in October, eighteen hundred and eighty-nine; but if said constitutional convention is authorized and reduired to form a new constitution for South Dakota it shall provit e for submitting the same in like manner to the peo le of South Dakota for ratification or rejection at an election to be Iheld in said