448 THIRTY-FIRST CONGRESS. Sess. I. Ch. 49. 1850. against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed. Secretary. Sec. 4. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; His duties de- he shall record and preserve all the laws and proceedings of the legis- °l“°d*&°· lative assembly hereinafter constituted, and all the acts and proceed. ings of the governor in his executivedepartment; 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 To apt as goy- Senate, for the use of Congress. And, in case of the death, removal, §;';‘;fn";ugf;;“'“ resignation, or other necessary absence of the governor from the Terrigtory, 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 fill such vacancy. Legislative Sec. 5. And be it further enacted, That the legislative power and §§‘""}‘°w"“' authority of said Territory shall be vested in the governor and a The hgim. legislative assembly. The legislative assembly shall consist of a
- 9 _¤SS°mblY Council and House of Representatives. The Council shall consist of
3),,33,123St ({,,3 thirteen members, having the qualitications of voters as hereinafter House of Rep- prescribed, whose term of service shall continue two years. The "’"“*”"°“· House of Representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, Apportionment and whose term of service shall continue one year. An apportionment aim ’°P"°"“*°" shall be made, as nearly equal as practicable, among the several coun- ' ties 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 Council and of the House of Representatives shall reside in, and be inhabitants ol`, the district for which they may A census tobe be elected respectively. Previous to the first election, the governor
Hfgfzgéf shall cause a census or enumeration of the inhabitants of the several
tion. counties and districts of the Territory to be taken, and the first 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 Elcctionszhow shall be entitled under this act. The number of persons authorized °°"d“°‘°‘r 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 Proviso. duly elected members of the House of Representatives: Provided, 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 holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the
