240 THIRTY—SIXTH CONGRESS. Sess. II. Ch. 86. 18bI. ef the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof; shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall talce efect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States until the decision of the President can be made known thereon; he shall commission all ofllcers who shall be appointed to office under the laws of said Territory, and shall take care thatthe laws be faithfully executed. Secretary- Sec. 3. And be it further enacted, That there shall be a secretary of
- "'”•l’°""“»"“° said Territory, who shall reside therein, and hold his office for four years,
dm"` unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the veruor, in his executive department; he shall transmit one copy of the Ewa, and one copy of the executive proceedings, on or before the tirst day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate, for the use of Congress; and in case of the death, removal, or resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required, to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to till such vacan . Legislative $::34. And be it further enacted, That the legislative power and l’°"°" authority of said Territory shall be vested in the governor and a legis- A*°°"'*l’l·7· Iative assembly. The legislative assembly shall consist of a council and 0¤¤¤¢ii· house 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. HOW of NP- The house of representatives shall consist of thirteen members, which "°°°t°“v°°' may be increased to twenty··six, possessing the same qualifications as prescribed for members of the council, and whose term of service shall con- Apportiomnsnt. tinue one 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 councii and of the house of representatives shall reside in, and be inhabitants ot} the district Census. for which they may be elected, respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be Emteloction. taken; and the iirst election shall be 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 hmm the house of representatives: Provtdech That 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
