enforcement of that article. It is claimed that at the time of the passage of the act the legislature was not a lawful legislature, and was without power to exercise ordinary legislative functions. The act was approved December 19th, 1889. The constitution was adopted, and full state offices, including members of the legislature, elected, October 1st 1889. North Dakota became a state by virtue of the proclamation of the president on November 2nd, 1889. Section 24 of this enabling act provided, in case that the constitution was adopted, the legislature of the state might assemble, organize, and elect two senators of the United States, and that when the state was admitted the state officers should at once proceed to exercise the functions of their office. On November 4th, 1889, the governor elect of this state qualified. Section 17 of the schedule of the constitution provides: “The governor elect of the state, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislative assembly of the state at the seat of government, on a day to be named in said proclamation, and which shall not be less than fifteen nor more than forty days after the date of such proclamation. And said legislative assembly, after organizing shall proceed to elect two senators of the United States for the State of North Dakota; and at said election the two persons who shall receive a majority of all the votes cast by the said senators and representatives shall be elected such United States senators.” On said 4th day of November, 1889, the governor issued his proclamation convening the legislature on November 19th, 1889, for the election of two United States senators, and “for the performance of such other legislative duties as may be in accordance with the provisions of said constitution.” The legislature convened on said November 19th, and at once proceeded to the exercise of general legislative functions, and said Ch. 110 was passed and approved on December tgth, 1889 as stated. Section 41 of the constitution reads: “The term of service of the members of the legislative assembly shall begin on the first Tuesday in January next after their election.” Section 53
