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TERRITORIES.

A territory is a portion of the territory of the United States described by certain boundaries and erected into a temporary__government, by the name of the Territory of So-and-so-e.g., "Dakota Territory." Congress alone can create territories, which are embryo states, and each territory, when the number of inhabitants is sufficiently great, applies to Congress for admission into the Union as a state. Congress can divide a territory, and admit part of it as a state into the Union, or, as in the case of West Virginia, take part of an already created state and make that part of itself, or in connection with a territory, or part of a territory, or part of another state, an independent state. It will be, later on,

shown how a new state is created. There are in the laws of the United States general provisions applicable to all territories, and other provisions specially applicable to particular territories. The rights of person or property pertaining to Indians in any territory are not impaired so long as such rights remain unextinguished by treaty between the United States and such Indians; and any territory which by treaty with any Indian tribe is not embraced within the territorial limits or jurisdiction of any state or territory is excepted out of the boundaries, and constitutes no part of a territory, until such tribe signifies its consent to the President to be embraced within a particular territory. The authority of the United States to make any regulations respecting the Indians of any territory, their lands, property, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government existed in any such territory, is

not affected by these general provisions.

The executive power of each territory is vested in a governor, who holds office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. This governor resides in the territory, and is commander-inchief of its militia. He can grant pardons and reprieves, and remit fines and forfeitures for offences against the laws of his territory, and respites for offences against the laws of the United States, till the decision of the President can be made known thereon. He commissions all officers who are appointed under the laws of his territory, and takes care that the laws thereof are faithfully executed. Every bill which has passed the legislative assembly of any territory before it becomes a law is presented to him for approval and signature, or he can return it with his objections to the house in which it originated. A two-thirds majority in both houses can pass the bill over the governor's objections, and thereupon it becomes a law. The votes are in all such cases determined by yeas and nays; and the names of the persons voting for or against the bill are entered on the journal of each house. This two-thirds clause does not apply to the Territories of Utah and Arizona. A resident secretary is appointed for each territory for four years, &c., as in the case of the governor; and in case of the death, removal, resignation, or absence from the territory of the governor, he acts temporarily as governor.

The legislative power in each territory is vested in the governor and a legislative assembly consisting of a council and house of representatives. The members of each

branch must have the qualifications of voters, and must reside in the district or county for which they are respectively elected. They are chosen for two years. The council of each territory, unless specially provided otherwise, must not exceed twelve members, nor the number of members of the house of representatives twenty-four, whose compensation is $4 each per diem during the session, and such mileage as the law provides. The president of the council and the speaker of the house receive $6 each per diem. The sessions of the legislatures of territories are limited to sixty days, and no extraordinary session is called until the reasons for the same have been presented to the President of the United States, and his approval thereof has been duly given. sessions of the legislative assembly are biennial, and are limited to sixty days' duration. Before the first

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election a census is ordered by the
governor, who thereafter apportions
the members of council and repre-
sentatives to counties or districts, as
nearly equal as practicable in the
ratio of its population, except Indians
not taxed; and this apportionment
may afterwards be from time to time
readjusted. After the first election,
the time, place, and manner of hold-
ing elections by the people are as
prescribed by the laws of each terri-
tory. All laws passed by the legis-
lative assembly and governor of any
territory, except certain excepted ter-
ritories, are submitted to Congress,
and, if disapproved, are null and of
no effect.
The legislative power of
every territory extends to all rightful
subjects of legislation not inconsis-
tent with the Constitution and laws
of the United States; but no law
can be passed interfering with the
primary disposal of the soil, no tax
be imposed upon the property of the
United States, nor the lands or other

property of non-residents be taxed higher than the lands or other property of residents.

Justices of the peace, and all general officers of the militia in the several territories, are elected by the people in such manner as the respective legislatures provide by law. All township, district, and county officers, except justices of the peace and general officers of militia, are appointed or elected in such manner as may be provided by the governor and legislative assembly of each territory. The governor nominates all other officers, and, by and with the advice and consent of the legislative council of each territory, appoints them. The governor alone appoints all these officers for the first term of a newly created territory. At the first election in a territory every male citizen above the age of twenty-one, including persons who have legally declared their intention to become citizens in any territory, and who are actually residents of such territory at the time of the organisation thereof, are entitled to vote, and to hold office therein. But at all subsequent elections the qualifications of voters and of holding office are such as may be prescribed by the legislative assembly of each territory, subject nevertheless to the following restrictions on the power of the legislative assembly -namely, (1) The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that age

who have declared on oath before a competent court of record their intention to become such, and have taken an oath to support the Constitution and Government of the United States; (2) There shall be no denial of the elective franchise or of holding office to a citizen on account of race, colour, or previous condition of servitude; (3) No officer,

soldier, seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any territory by reason of being on service therein, unless such territory is and has been for the period of six months his permanent domicile; (4) No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any territory.

Every territory has the right to send a delegate to the House of Representatives of the United States to serve during each Congress, who is elected by the voters in the territory qualified to elect members of the legislative assembly thereof, and every such delegate has a seat in the House of Representatives, with the right of debating, but not of voting.

The supreme court of every territory consists of a chief-justice and two or more associate justices, who hold office for four years, and until their successors are appointed and qualified. In Dakota there are a chief-justice and five associate justices -any five of whom constitute a quorum. In Washington there are a chief-justice and three associate justices-any three of whom constitute a quorum. The number of judges and of judicial districts in territories is varied, and can, from time to time, as necessary or expedient, be increased or diminished by Act of Congress. They hold a term annually at the seat of government of the territory for which they are respectively appointed. Every territory is divided into three or more judicial districts, and a district court is held in each district of the territory by one of the justices of the supreme court, at such time and place as may be prescribed by law; and each judge, after assignment, resides in the district to which he is assigned. In New Mexico, Utah, Washington, Dakota, Idaho,

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Montana, and Wyoming, the judicial power is vested in a supreme court, district courts, probate courts, and in justices of the peace; and in Arizona, in a supreme court and such inferior courts as the legislative council may by law prescribe; but this jurisdiction, both appellate and original, is limited by law. No justices of the peace in any territory have jurisdiction of any case in which the title to land, or the boundary thereof, in anywise comes in question. The supreme court and the district courts, respectively, of every territory, possess chancery as well as common law

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jurisdiction. Writs of error, bills of exception, and appeals are allowed in all cases from the final decisions of the district courts to the supreme court of all the territories, respectively, under such regulations as may be prescribed by law; but in no case removed to the supreme court is trial by jury allowed in that court. supreme court and district courts respectively appoint one clerk of court, and every such district clerk is the register in chancery, and resides and keeps his office at the place where the court is held. Temporarily and until otherwise provided by law, the governor of each territory establishes and defines by proclamation the judicial districts of his territory, and assigns the judges thereto, and fixes the times and places for holding courts in the respective counties or subdivisions of each judicial district. The judges of the supreme court are authorised to hold court within their respective districts for the purpose of hearing and determining all matters and causes, except those in which the United States are a party; but the expense of holding such courts is paid by the territory or by the counties in which the courts are held, and the United States are in no case chargeable therewith. An attorney for the United States is appointed in each

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number of representative districts shall not exceed 48. For contingent expenses to be expended by the governor, $500." And "Territory of New Mexico-For salary of governor, $2600; chief-justice and two associate judges, at $3000 each; secretary, at $1800; and interpreter and translator in the executive office, at $500 $13,900. For legislative expenses

for each territory, who executes all processes issuing from the territorial courts, when exercising their jurisdiction as circuit and district courts of the United States, and who has the powers and performs the duties, and is subject to the regulations and penalties, imposed by law on the marshals for the several judicial districts—namely, for rent, light, fuel; casof the United States; and who holds ing for filing records; carpets and office for four years, &c.

The governor, secretary, chief-justice, and associate justices, attorney, and marshal, of every territory are nominated, and, by and with the advice and consent of the Senate, appointed by the President. All these officers, and all other civil officers appointed for any territory, have to take in due form the oath to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices.

No legislative assembly of a territory shall, in any instance, or under any pretext, exceed the amount appropriated by Congress for its annual expenses. The amount so appropriated varies according to the requirements of each territory. Thus, in 1885, "Territory of Dakota-For salary of governor, $2600; chiefjustice, and five associate judges, at $3000 each; and secretary, at $1800 -$22,400. For legislative expenses -namely, for postage, stationery, and blanks; light, oil, and candles; messenger and porter; labour and care of Government property; clerk in secretary's office; and incidental expenses, $2000. And the legislature of Dakota may divide said territory into as many council and representative districts as they desire, which districts shall be as nearly equal as practicable, taking into consideration population (except Indians not taxed): Provided that the number of council districts shall not exceed 24, and the

furniture; stationery and record-
books, postage, incidentals, and pay
of messenger and porter, $1500. For
contingent expenses of the territory,
to be expended by the governor,
$500." And in Utah the legislative
"Per diem of
expenses included.
members and officers of the legislative
assembly; mileage of members," &c.,
$22,000; and there was also appro-
priated "for the salaries of the com-
missioners appointed under an Act
entitled 'An Act to amend Section
5352 of the Revised Statutes of the
United States, in reference to bigamy,
and for other purposes,' approved
March 22, 1882-$25,000."

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Regulating the practice in courts of justice.

Regulating the jurisdiction and duties of justices of the peace, police magistrates, and constables.

law can be made applicable, no special law shall be enacted in any of the territories of the United States by the territorial legislatures thereof."

It was also enacted, (2) That no territory of the United States, or any

Providing for changes of venue in political or municipal corporation or

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The opening and conducting of any election, or designating the place of voting.

The sale or mortgage of real estate belonging to minors or others under disability.

The protection of game or fish. Chartering or licensing ferries or toll-bridges.

Remitting fines, penalties, or forfeitures.

Creating, increasing, or decreasing fees, percentage, or allowance of public officers, during the term for which said officers are elected or appointed.

Changing the law of descent. Granting to any corporation, association, or individual the right to lay down railroad tracks, or amending existing charters for such purpose.

Granting to any corporation, association, or individual any special or exclusive privilege, immunity, or franchise what

ever.

subdivision of any such territory, shall make any subscription to the capital stock of any incorporated company, or company or association having corporate powers, or in any manner loan its credit to, or use it for, the benefit of any such company or association, or borrow any money for the use of any such company or association.

Also, (3) That no law of any territorial legislature shall authorise any debt to be contracted by, or on behalf of, such territory, except in the following cases: to meet a casual deficit in the revenue, to pay the interest upon the territorial debt, to suppress insurrections, or to provide for the public defence,-except that, in addition to any indebtedness created for such purposes, the legislature may authorise a loan for the erection of penal, charitable, or educational institutions for such territory, if the total indebtedness of the territory is not thereby made to exceed 1 per cent upon the assessed value of the taxable property in such territory, as shown by the last general assessment for taxation. But nothing in the Act is to be construed to prohibit the refunding of any existing indebtedness of such territory, or of any political or municipal corporation, county, or other subdivision therein.

Also, (4) No political or municipal corporation, county, or other subdivision in any territory shall ever become indebted in any manner, or for any purpose, to any amount in the aggregate, including existing indebtedness, exceeding 4

In all other cases where a general per cent on the value of the tax

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