FORTIETH CONGRESS. Sess. II. Ch. 235. 1868. 179 Sr:0. 3. And be it further enacted, That there shall be a secretary of Secretary, said Territory, who shall reside therein and hold his office for four years, '°sld8“°€· Wm unless sooner removed by the President of the United States, with the of °m°°' dams' consent of the Senate; he shall record and preserve all the laws and the proceedings of the legislative assembly hereinafter constituted, and all acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings on or before the first 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, 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 absence, or until another governor shall be appointed to ill such vacancy. Sec. 4. And be it further enacted, That the legislative power and Legislative as authority of said Territory shall be vested in the governor and legislative “°mb Y- assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, which Number, term may be increased to thirteen, having the qualifications of voters as here- °gg{llé’:éc*}¤d f inafter prescribed, whose term of service shall continue two years. The 2,,,,,ib.,,.S1g?S 0 house of representatives shall consist of thirteen members, which may be ¢<>¤¤¢i1 and of increased to twenty-seven, possessing the same qualifications as pre- h°°s°' scribed for members of the council, and whose term of service shall continue one year. An apportionment shall be made by the governor as Appomonnearly equal as practicable among the several counties or districts for mentthe election of the council and house of representatives, giving to each section of the Territory representation in the ratio of their population, (excepting Indians not taxed,) as nearly as may be, and the members of the Members or council and house of representatives shall reside in and be inhabitants of i>°“¤°ll agd , the districts for which they may be elected, respectively. Previous to Oidiggfgij the first election the governor shall cause a census or enumeration of the Census. inhabitants of the several counties or districts of the Territory to be taken, and the first election shall be held at such times and places, and ·be con- First election. ducted 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 Plurality to districts for members of the council, shall be declared by the governor *0*- 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 the house of representatives : Provided, That in case of a tie between two or Tie votes. more persons voted for, the governor shall order a new election, to supply the vacancy made by such tie vote. And the persons thus elected to _ the legislative assembly shall meet at such place and on such day as the Time and governor shall appoint; but thereafter the time, place, and manner of {gigs; gg2am_ holding and conducting elections by the people, and the apportioning the lative sgsembrly; representation in the several counties or districts to the council and house m§;t§¤;>j°<l¤€¤¤¤ of representatives, according to the population, shall be prescribed by m°"' law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the hspssions after term of lorry days, except the first, which may be extended to sixty days, gxiegrglfoxgi *° but no longer. d,,).,, Sec. 5. And be it further enacted, That every male citizen of the Vogcps United States above the age of twenty-one years, and [including] persons
