THlRTY—EIGHTH CONGRESS. Sess. I. Ch. 95. 1864. 87 year, to the President of the United States, and two copies of the laws to the president of the senate and to the speaker of the house of representatives, for the use of congress. And in case of the death, removal, :¤¢¤;'¤=¤>’, resignation, or absence of the governor from the territory, the secretary gofgnojct M shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy. Sec. 4. And be it further enacted, That the legislative power and au- Legislative thority of said territory shall be vested in the governor and a legisla- Pm""- tive assembly. The legislative assembly shall consist of a council and A“"mblY‘ house of representatives. The council shall consist of seven members, c0,mc51_m.m- having the qualifications of voters, as hereinafter prescribed, whose term l1¢*‘¤¤t<}<1¤=¤“;*°¤· of service shall continue two years. The house of representatives shall, ,:,:°_§;`c_°”‘ at its first session, consist of thirteen members, possessing the same qual- House of rep. iiications as prescribed for the members of the council, and whose term resentatives, of service shall continue one year. The number of representatives may §;‘“b“"· ‘°"“· be increased by the legislative assembly, from timeto time, to twenty- ' six, in proportion to the increase of qualified voters; and the council, in like manner, to thirteen. An apportionment shall be made, as nearly Apportionequal as practicable, among the several counties or districts for the elec- mu"' tion of the council and representatives, giving to each section of the territory representation in the ratio of its qualified voters as nearly as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county or counties for R¢¤id¤>¤¢4‘= of which they may be elected respectively. Previous to the first election m°mb°"° the governor shall cause a census or enumeration of the inhabitants and mm mmm_ qualiiied voters of the several counties and districts of the territory to be taken by such persons and in such mode as the governor shall designate and appoint, and the person so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time First electionand places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the governor 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 persons having the highest number of legal votes in each of said council Plumlifly ¢F districts, respectively, for members of the council, shall be declared by VMS t° °°°°‘ the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives in each of said representative districts, respectively, shall be declared by the governor to be duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number of votes, New elmiom and in case a vacancy shall otherwise occur in either branch of the when ordered. legislative assembly, the governor shall order a new election. 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 First meeting time, place, and manner of holding and conducting all elections by the °f_l°€$"·*·l"° people, and the apportioning the representation in the several counties m;n;)_y' or districts to the council and house of representatives, according to the m9Q;,Q§;°°°t number of qualified voters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly · Provided, That no session in any one year shall exceed the term of forty sk};”¥*h °f ““‘ days, except the first session, which may continue sixty days.` Sec. 5. And be it further enacted, That all citizens of the United Vqem at ni-st States, and those who have declared their intentions to become such, and “l°""‘“‘ who are otherwise described and qualified under the fifth section of the act of congress providing for.a temporary government for the territory 18637,_h.117‘§,. of Idaho, approved March third, eighteen hundred and sixty-three, shall vo], Ai, ,,_g;(,_
