454 THIR.TY—FIR.ST CONGRESS. Sess. I. Ch. 51. 1850. 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. Leg;si,t;v,, Sec. 4. And be it further enacted, That the legislative power and P¤W<¢Y¢h¤WV¤¤*· authority of said Territory shall be vested in the governor and a °d»1~h, 1,g,sl,_ legislative assembly. The legislative assembly shall consist lof a tive assembly to Council and House of Representatives. The Council shall consist of
- 5";5;‘g:g;“:; thirteen members, having the qualifications of voters as hereinafter pre.
Representatives_ scribed, whose term of service shall continue two years. The House h gw C9¤;¤¢¥ of Representatives shall consist of twenty-six members, possessing the
- ,,§,,f§°sl;,,,,;__ same qualifications as prescribed for members of the Council, and
bers, and the whose term of service shall continue one year. An apportionment ggxfisgsmpfi shall be made, as nearly equal as practicable, among the several coungwaatyatx, 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 asmay be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district for which they may be `Previous_to the elected respectively. Previous to the first election, the governor shall f;;;u;l°°2;’“·b; cause a census or enumeration of the inhabitants of the several counwksm ties 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 members of the Council and House of Representatives to which each of the counties or districts shall be entitled Eiectiongghgw under this act. The number of persons authorized to be elected hav- ¤¤¤<i¤¤¢¤d· ing 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 highest number of votes for the House of Representatiyes, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be duly elected mem- Proviso. bers 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 a 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 population, shall be prescribed by Ulaw, as well as the day of the Further pm- gvmmencement of the regular sessions of the legislative assembly. visa. rovzded, That no one session shall exceed the term of forty days. qusiigwticm, Sec. 5. And be it further enacted, That every free white male 0f \‘<>*·¢¤¤· inhabitant above the age of twenty-one years, who shall have been 8 resident of said Territory at the time of the passage of this act, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory ; but the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be pre- Proviso. Scnbed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, including those recognized as citizens by the treaty Lvithd th: reppblic of Mexico, concluded February second, eighteen un re and orty-eight. Legislative Sec. 6. And be it further enacted, That the legislative power of g';';`;;?;;;"' said Territory shall extend to all rightful subjects of legislation, {>¤¤· sistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the
