Printer Friendly

Indexing the South Dakota constitutional conventions: a 21st century solution to a 125 year old problem.

Constitutional issues are legal issues of the first magnitude. "The Constitution is the mother law. It is not the baby. Statutes must conform to the Constitution, not vice versa." (1) The South Dakota Supreme Court construes the provisions of the South Dakota Constitution in accordance with what "we conceive to be its plain meaning." (2) This is not always possible, however. As Justice Oliver Wendell Holmes observed, constitutional provisions must be allowed some play "for the joints of the machine." (3) If the meaning of a term or provision is unclear, it is appropriate for the Supreme Court to look at the intent of the drafting body. (4) Sources that may provide the sometimes elusive "intent of the drafting body" are the Constitutional Conventions of 1883, 1885, and 1889.

Statehood did not come easy for South Dakota. Prior to 1889 many attempts to achieve statehood failed. Undaunted, those in Dakota Territory supporting statehood pressed on, leaving behind a record of their proceedings that is relevant to the South Dakota legal profession today.

According to George W. Kingsbury in his monumental work, History of Dakota Territory, (5) a bill was introduced in the United States Senate in 1872 to divide Dakota Territory into two equal sections. It did not pass. In 1877 the Senate defeated a bill seeking to divide Dakota Territory along the 100th meridian of longitude.

The statehood movement continued to gather momentum. In 1883 a Constitutional Convention drafted a constitution that voters approved. The

Senate passed a bill allowing formal admission of South Dakota, but the House failed to vote before Congress adjourned in March of 1885. The journal of the 1883 Constitutional Convention survives and is found in History of Dakota Territory, Volume II, and South Dakota Historical Collections, Volume XXI. (6) This journal is merely a record of the official acts of the convention. The underlying debates which would have explained the reasons for the actions taken or not taken have not survived. Thus, we know what the drafters did in 1883 but unfortunately not "why."

In 1885 a second Constitutional Convention was called. The convention adopted a constitution, but Congress rejected statehood. Nevertheless, the 1885 convention remains important for several reasons. It kept a detailed record of its proceedings and its debates. (7) The 1885 convention framed the issues for debate in the 1889 Constitutional Convention and the constitution produced in 1885 was the genesis for the constitution adopted in 1889. (8) As an example, the Bill of Rights in the 1889 Constitution originated in the 1885 Constitution. (9) More specifically, Article VI, section 5 of South Dakota's Constitution, which guarantees freedom of speech and the press, was originally drafted in 1885 and remains the same today.

An abbreviated territorial convention was held in 1887. As before, the goal was statehood. The most interesting part of this convention is that had it succeeded, there would be one state called "Dakota" since the convention abandoned the idea of splitting Dakota Territory into two states. This plea failed to move Congress. (10) This convention neither debated a constitution nor adopted one. Thus from a legal research perspective, this proceeding provides no assistance and remains but a footnote in history.

In the United States Senate, Senator Benjamin Harrison of Indiana championed statehood for South and North Dakota. To the delight of the pro-statehood forces in the Dakota Territory, he was elected President of the United States in 1888. With his Republican party firmly in control of both Houses of Congress, statehood was virtually assured.

A Constitutional Convention was called in 1889. Due to political events of national and territorial importance, those in Dakota Territory who favored the admission of only one state joined with those who had been advocating the admission of two separate states. (11) The 1889 Constitutional Convention adopted a constitution that was approved by the voters on October 1, 1889. On

November 2, 1889, President Harrison signed a proclamation admitting South Dakota to the Union. The proceedings and debates of this convention, for the most part, also survive.

The ink was hardly dry on the "new Constitution? when the South Dakota Supreme Court first referred to the 1889 Constitutional Debates in the 1899 case of Jamieson v. Wiggin. (12) Because the debates were not published at this point, the Court had to borrow the original copy from the Secretary of State. (13) Possibly for this reason, early South Dakota case law infrequently cites the constitutional debates.

The publication of the debates would obviously enhance their significance. (14) In 1907 the South Dakota Legislature authorized the publication of the debates of the 1885 and 1889 Constitutional Conventions. The original 1885 and 1889 debates were not indexed. The 1907 legislation, however, directed the State Librarian to "edit and prepare [the debates] for publication." (15) As a result, each of the two-volume sets of the 1885 and 1889 Constitutional Debates is indexed. However, these indexes do not lend themselves to legal research; they focus mainly on the speaker rather than on the subject matter of the speech. Since significant portions of the debates deal with the mechanics of the conventions rather than substantive issues, indexes focusing on the speaker inhibits legal research. (16)

In recent years the bench and bar have found the Constitutional Debates invaluable in ascertaining the intent and meaning of certain constitutional clauses. Access to these debates has been limited because the one thousand sets printed and "substantially bound in half sheep binding" (17) in 1907 have become scarce. Since 2006, I have arranged with the State Bar of South Dakota that the 1883, 1885, 1887, and 1889 proceedings be accessible to subscribers of Dakota Disc. This computer based research tool, however, has been inhibited by the 1907 insufficient index for the 1885 and 1889 conventions and the lack of any index for the 1883 convention.

The indexes which follow are an index for the Constitutional Conventions of 1883, 1885, and 1889 arranged by subject matter and by article of the constitutional document. They were initially compiled by University of South Dakota law student David Barari. Justice Steven L. Zinter and I edited them. While these indexes are not perfect, they are a significant improvement over what existed. Absolute accuracy was not possible because parts of the convention journals are missing which create gaps in the accompanying indexes as well. (18) At other times the delegates' debates were not clear enough to allow for definitive indexing. Nevertheless, it is clear that what we do possess is accurate. The 1883 convention used the services of a "Recording Secretary" for its daily journal. The 1885 and 1889 conventions were transcribed by four stenographic reporters. The new indexes constitute a vastly improved research aid for those wishing to research the Constitutional Debates.

With the assistance of better indexes to these Constitutional Conventions we have an improved view of government being created. The debates were vigorous at times and not all the votes were unanimous. The delegates were very aware of the importance of the task they were undertaking. History has shown since 1889 that they were correct in that view. "This is significant as the object of constitutional construction is 'to give effect to the intent of the framers of the organic law and of the people adopting it.'" (19)

It is clear from the debates that the delegates did not borrow wholesale a constitution from another state. In specific instances they did borrow certain provisions such as Article VI, section 15, dealing with imprisonment for debt, from other states. (20) On the other hand, some provisions such as Article VI, section 3 and Article VIII, section 16, prohibiting public support of religion and sectarian instruction, are unique to South Dakota and its Constitutional Conventions. (21)

In recent years, the Supreme Court has studied the constitutional history found in the proceedings of the Constitutional Conventions to analyze the evolution of the eminent domain clause now found in the South Dakota Constitution Article VI, section 13 (22) and the requirements for election as a Legislator found in the South Dakota Constitution Article III, section 12. (23) Constitutional history has also been useful to ascertain that certain proposals were offered to the Constitutional Conventions and were ultimately rejected. (24)

Many of those who were in leadership positions at the Constitutional Conventions and spoke frequently on important subjects were to become the governors, legislators, and judges of the new State of South Dakota. (25) The importance of their views has been relied upon by the Supreme Court in later cases:
   The views of Judge Corson [in authoring McClain v. Williams, 10 SD
   332, 73 N.W. 72 (1897)] are particularly enlightening as he served
   as a delegate to the 1885 Constitutional Convention and actively
   participated in the debate on the Bill of Rights which includes
   Article VI [section] 20 of our Constitution, and at the
   1889 Constitutional Convention served as an officer and
   delegate. (26)


The views of Alphonso G. Kellam, another original Justice of the South Dakota Supreme Court and delegate to the 1883, 1885, and 1889 Constitutional Conventions have also proven important:
   Considering the very active participation in the 1883, 1885 and
   1889 constitutional conventions by one Alphonso G. Kellam of Brule
   County, who also served as one of the three members of this court
   from 1889 to 1896, the likelihood of misapprehension of the purpose
   to be served by the state constitutional provisions by either the
   same A.G. Kellam, the then presiding judge of this court, or either
   of the other two members of the court is too remote to be seriously
   entertained. (27)


All three members of the original South Dakota Supreme Court were delegates to at least one of the Constitutional Conventions and in Kellam's case, all three. (28) Perhaps a word of caution is appropriate at this point. The indexes are fairly complete as to the entire text of the proposed constitutions of 1883, 1885, and the Constitution of 1889. A legal researcher must be aware that significant portions of the South Dakota Constitution have been amended since 1889 and therefore the Constitutional Debates of that era are of limited or no help given these later amendments. The most obvious example is the wholesale revision of South Dakota Constitution Article V, the Judicial Article approved by the voters in 1972.

The fictional detective Sherlock Holmes frequently said that he undertook problems because the thrill was in the hunt for the solution and not the solution itself. With the lapse of 125 years, we will not, like Holmes, always arrive at a definitive solution in our quest for the correct answer to a constitutional question. The drafters of the Constitution, however, who are now long gone, left us with a significant amount of debate and information as to what they were trying to do. With this new index to the Constitutional Conventions of 1883, 1885, and 1889, a better map is now available to assist in finding that elusive constitutional answer.

Index to the Journal of the Constitutional Convention 1883 By Article and Subject Matter

Compiler's note, 2007: The complete text of the final version of the 1883 Constitution can be found on pages 9-45 of the Dakota Constitutional Convention, 1885. The final form does not necessarily conform to the discussion in the Journal of the Constitutional Convention, 1883. Sections are struck and renumbered during the course of the convention, changing the final numeration. Where possible, descriptions of the sections under discussion are provided.

Article Index--1883 Constitution

Compiler's note, 2007: The Article Index reflects the section numbering as finalized by the 1883 Constitutional Convention as printed in the Dakota Constitutional Convention, 1885. For some sections, brackets appear to denote that the section was "discussed as" a different number in the 1883 Journal text. For example, Article II, Section 17--Militias in the final 1883 Constitution as printed in the Dakota Constitutional Convention 1885 was "discussed as Section 18" in the Journal of Constitutional Convention, 1883. This technique seeks to translate from the final number and full text printed in the 1885 text to the identifier used in the Journal of the Constitutional Convention, 1883.
                  Preamble                              328, 347-48,
                                                        411-14, 453

Article I -       Boundaries                            338-39, 372-373

Article II -      Declaration of Rights
Section 1         Inherent rights                       339, 402,
                                                        404, 445-47,
                                                        448, 449
Section 2         Freedom of Religion (No discussion)   339-40, 402
Section 3         Further Freedom of Religion           340, 402
                    (No discussion)
Section 4         Peaceable assembly, right to          340, 402
                    petition (No discussion)
Section 5         Freedom of speech, press. Libel.      340, 402
                    (No discussion)
Section 6         Right to jury trial                   340, 403,
                                                        445-46, 449
Section 7         Rights of accused                     340-41, 403,
                                                        446, 449
Section 8         Right to bail; habeas corpus          341, 403,
                                                        446, 449
Section 9         Grand juries, indictment and          341, 403,
                    informations; double jeopardy       446, 449
Section 10        Grand Jury requirements               341, 403
                    (No discussion)
Section 11        Treason (No discussion)               341, 403
Section 12        Search and seizure, warrants          341, 403
                    (No discussion)
Section 13        Ex-post facto laws, impairment of     341-42, 403
                    contract obligations, privilege
                    or immunity (No discussion)
Section 14        Eminent Domain; takings and just      342, 403
                    compensation
Section 15        Resident aliens' property rights      342, 403
                    (No discussion)
Section 16        Imprisonment for debt                 342, 403
                    (No discussion)
Section 17        [18] Military subordinate to civil    342, 403
                    power; quartering of soldiers
                    (No discussion)
Section 18        [20] Taxation without consent;        342, 403
                    uniformity (No discussion)
Section 19        [21] Equal privileges or immunities   342, 403
                    (No discussion)
Section 20 [23]   Free and equal elections; right of    446, 449
                    suffrage (No discussion)
Section 21        [24] Courts open; remedy for injury   446-47, 449
                    (No discussion)
Section           22 [25] Suspension of laws            447, 449
                    prohibited (No discussion)
Section 23        [26] Attainder by Legislature         447, 449
                    prohibited (No discussion)
Section 24 [28]   Excessive bail or fines; cruel        447, 449
                    punishments (No discussion)
Section 25        [29] Right to bear arms               447, 449
                    (No discussion)
Section           26 [22] Maintenance of free           342, 403
                    government; Fundamental
                    principles (No discussion)
Section 27        [27] Inseverability from the Union    447, 449
                    and the Supremacy of the U.S.
                    Constitution
Section 28        [30] Inviolability of Declaration     447, 449
                    of Rights (No discussion)

Article III -     Elections and Rights of Suffrage

Section 1         Voter Requirements                    320, 331
Section 2         Votes by ballot                       320, 331
Section 3         Elector privilege from arrest;        320-21, 331
                    military duty
Section 4         Exemptions from loss of residence     321, 331
Section 5         Soldier residency                     321, 331
Section 6 [7]     Persons disqualified to vote          321, 331
Section 7 [8]     Women' s right to vote for school     321, 332,
                    purposes                            342-43, 373-374

Article IV -      Executive Department

Section 1         Executive power and term of office    407, 424
Section 2         Qualification, election               407, 425
Section 3         Election procedures (No discussion)   407-08, 425
Section 4         Commander in Chief (No discussion)    408, 425
Section 5         Powers of the Governor                408-09, 425
Section 6         Succession of executive power         409, 425
                    (No discussion)
Section 7         Powers and duties of Lt. Governor     409, 425
                    (No discussion)                     409, 425
Section 8         Appointment power (No discussion)
Section 9         Bill presentment and signing;         409-10, 425
                    veto/objection (No discussion)
Section 10        Disapproval of appropriations         410, 425
                    (No discussion)
Section 11        [Administrative Committee Section     401, 453
                    1] Other Executive Officers
                    (No discussion)
Section 12        [Administrative Committee             401, 453
                    Section 2] Powers of other
                    officers (No discussion)

Article V -       Legislative Department

Section 1         Legislative power--Senate and House   350, 357
                    (No discussion)
Section 2         Number of legislators, biennial       350, 357-58,
                    sessions                            361
Section 3         Qualifications for legislative        350, 357-58
                    office
Section 4         Legislative reapportionment           350, 358
                    (No discussion)
Section 5         Legislative terms of office,          350, 358-59,
                    compensation, regular sessions      454-55
Section 6         Convening of annual sessions          350-51, 359
                    (No discussion)
Section 7         Oath required of legislators and      351, 359
                    officers (No discussion)
Section 8         Validation of membership, quorum      351, 359
                    requirements (No discussion)
Section 9         Rules of proceedings, discipline,     351, 359
                    expulsion (No discussion)
Section 10        Officers (No discussion)              351, 359
Section 11        Voting requirements (No discussion)   351-52, 359
Section 12        Journals and reporting, secrecy       352, 359
                    (No discussion)
Section 13        Open sessions, secrecy                352, 359
                    (No discussion)
Section 14        Adjournment limitations               352, 359
                    (No discussion)
Section 15        Prohibition on appointments and       352, 359
                    election to office
                    (No discussion)
Section 16        Prohibition on federal officers       352, 359, 360
Section 17        Privilege from arrest                 352, 359,
                                                        443-44
Section 18        Bill procedure (No discussion)        352, 359
Section 19        Enacting clause, bill requirements    352, 359
                    (No discussion)
Section 20        Presiding officer signing of bills    353, 359
                    (No discussion)
Section 21        Bill origination and amendment        353, 359
                    (No discussion)
Section 22        Limitation on subject matter of       353, 359
                    bills to one subject.
                    (No discussion)
Section 23        General Appropriation bill            353, 359
                    exception to one subject.
                    Limitation on other
                    appropriations (No discussion)
Section 24        Limitation on payments out of the     353, 359
                    treasury (No discussion)
Section 25        Prohibition on games of chance,       353, 359
                    lottery, etc. (No discussion)
Section 26        Exemption from civil and criminal     353, 359
                    liability For words spoken in
                    debate (No discussion)
Section 27        [also Public Accounts and             337, 353,
                    Expenditures 4] Compensation of     359, 372
                    public officers (No discussion)
Section 28        Governor' s power to fill vacancies   353, 359
                    (No discussion)
Section 29        Legislative power to direct suits
                    against the state (No discussion)   354, 359
Section 30        Limitations on Legislative power      354, 359-60
Section 31        Effective date of legislative acts
                    (No discussion)                     354, 360
Section 32        Legislative bribery                   354-55, 360
Section 33        Bribery of the Governor               355, 360
                    (No discussion)
Section 34        [Legislative Apportionment]           433
                    Congressional apportionment
                    at large
Section 35        [Legislative Apportionment]           433-38, 454,
                  Senatorial and Representative         455, 457
                    district apportionment

Article VI -      Judicial Department

Section 1         Judicial powers (No discussion)       375, 425
Section 2         Powers of the Supreme Court           375-76, 425
Section 3         Writs of habeas corpus, mandamus,     376, 425, 456
                    etc.
Section 4         Minimum number of terms               376, 425
                    (No discussion)
Section 5         Supreme Court composition             376, 425
Section 6         Expansion of Court (No discussion)    376, 425
Section 7         Quorum and adjournment                376, 425
                    (No discussion)
Section 8         First State Supreme Court             376, 425
                    (No discussion)
Section 9         Presiding Judge (No discussion)       376, 425
Section 10        Term of Office (No discussion)        376-77, 425
Section 11        Retirement                            377, 425

Section 12        Qualifications of office              377, 426
Section 13        Judicial Districts (No discussion)    377, 426
Section 14        Clerk and Reporter, publication of    377, 426
                    decisions (No discussion)
Section 15        Circuit Court jurisdiction            378, 426
                    (No discussion)
Section 16        Circuit Judges, election, term        378, 426
                    (No discussion)
Section 17        Judicial Circuits                     378-79, 426
Section 18        Modification of Circuits by           379, 426
                    Legislature (No discussion)
Section 19        Writs of error and appeals            379, 426
                    (No discussion)
Section 20        County Judges, election, term         379, 426
                    (No discussion)
Section 21        County Court jurisdiction, writs      379-80, 426
                    of error, appeal (No discussion)
Section 22        [28] Criminal jurisdiction            381, 427
                    (No discussion)
Section 23        [33] Justices of the Peace            381, 427
                    (No discussion)
Section           24 [34] Police Magistrate             381-82, 427
                    (No discussion)
Section           25 [39] State' s Attorney             382-83, 427
                    (No discussion)
Section 26 [22]   Qualifications of Judges              380, 426
                    (No discussion)
Section 27 [23]   Elections and term of office          380, 426
                    (No discussion)
Section 28        [24] Time and terms of court          380, 426
                    (No discussion)
Section           29 [25] Special terms                 380, 426
                    (No discussion)
Section           30 [26] Salary and compensation       380, 427
Section 31 [27]   Restrictions on acting as a lawyer
                    or counsel (No discussion)          380-81, 427
Section 32        [29, 30] Clerks of Court              381, 427
                    (No discussion)
Section           33 [31] Terms of Court                381, 427
                    (No discussion)
Section 34        Uniformity of laws regarding the
                    courts (No discussion)              381-82, 427
Section 35        Restrictions on elective offices      382, 427
Section 36        Successorship, transition             382, 427
                    (No discussion)
Section 37        Residency requirements, vacancy of    382, 427
                    office (No discussion)
Section 38        Process and prosecution in the        382, 427
                    name of the State (No discussion)

Article VII -     Education and School Lands

Section 1         Uniform system of free public         326, 348
                    schools (No discussion)
Section 2         Perpetual trust fund for              326, 348
                    maintenance of Public schools;
                    principal inviolate
Section 3         Fund income apportioned among         326, 348
                    schools; Apportionment of fines
Section 4         Sale of school lands; Terms of        326-27, 348-349
                    sale of school lands
Section 5         Taxation to support school system     327, 355
                    (No discussion)
Section 6         Use of lands given for schools and    327, 355
                    the university (No discussion)
Section 7         Requirement of districts to           327, 355-56
                    receive school funds
Section 8         Interest in sale of school            327-28, 356
                    equipment Prohibited
                    (No discussion)
Section 9         Public support of sectarian           328, 356
                    instruction Prohibited
                    (No discussion)

Article VIII -    Militia [Military Affairs]

Section 1         Composition of militia                321, 332
                    (No discussion)
Section 2         Legislative provisions for militia    322, 332
                    (No discussion)
Section 3         Conformity to federal regulations     322, 332
Section 4         Commissions of officers of militia    322, 333
Section 5         Militia privileged from arrest        322, 333
                    (No discussion)
Section 6         Safekeeping of military records       322, 333
                    and relics
Section 7         Conscientious objectors               322, 333
                    (No discussion)

Article IX -      Revenue and Taxation

Section 1         Annual tax                            399-400,
                                                        443, 451-452
Section 2         Public property exempt from           400, 443
                    taxation
Section 3         Property exempt from taxation;        400, 443
                    personal property
Section 4         Timber exemption                      400, 443
Section 5         Other exemption laws void             400, 443
Section 6         Object of tax to be stated            400, 443
Section 7 [8]     Taxes paid into treasury              400, 443
Section 8 [9]     Special assessments for local         400, 443
                    improvements; taxes for
                    municipal purposes
Section 9 [10]    Unauthorized use of public money      400, 443
                    as felony
Section           10 [11] Annual statement of           401, 443
                    receipts and expenditures

Article X -       Public Accounts and Expenditures

Section 1         Accounting requirements               337, 372
                    (No discussion)
Section 2 [3]     Auditor' s report of legislative
                    expenditures (No discussion)        338, 372

Article XI -      Compensation of Public Officers
Section 1         Compensation of public officers       406-07, 452

Article XII -     Public Indebtedness [State County
                  and Municipal Indebtedness]

Section 1         Limitation on State to loan credit,   336, 387
                    make donations, subscribe or own
                    capital stock, or engage in
                    internal improvements
Section 2         Maximum state debt-Irrepealable       336, 387
                    tax to repay (No discussion)
Section 3         Limitation on municipalities and      336, 387-88
                    other political subdivisions to
                    loan credit, make donations, etc.
Section 4         Debt limitations for municipalities   336-37, 389
                    and Political subdivisions
                    (No discussion)
Section 5         Irrepealable tax to repay debt of     337, 389
                    municipality or political
                    subdivision
Section 6         Territorial debts (No reference)

Article XIII -    Counties [County and Township Organization]

Section 1         [Brookings Alt. 1]                    367, 368, 369
                  Territorial counties declared
                    State counties
Section 2         [Brookings Alt. 2]                    367, 368-69,
                  County organization; new counties     369, 370
Section 3         Division and consolidation of         367-68, 370
                    counties
Section 4         [Brookings Alt. 3]                    369
                  Striking territory from an
                    existing county
Section 5         [Brookings Alt. 4]                    369
                  Election of county officers
Section 6         [Brookings Alt. 5]                    369
                  Township organization

Article XIV -     Exemptions

Section 1         Liberal homestead and exemption       362, 405
                    laws (No discussion)
Section 2         Exemptions for payment of debt        362, 405

Article XV -      Corporations

Section 1         Special corporation laws prohibited   370, 439, 454
Section 2         Taxation of corporate property        371, 439
                    (No discussion)
Section 3         State shall not become a              371, 439
                    stockholder in any Corporation
                    (No discussion)
Section 4         Local consent required for grant      371, 439
                    of street railroad, telegraph
                    right (No discussion)
Section 5         [Banking and Currency 2]              398, 453-54
                  General banking law; provisions
                    required (No discussion)
Section 6         [Banking and Currency 3]              399, 453-54
                  Bank to cease operations within
                    twenty years of organization;
                    reorganization (No discussion)
Section 7         [Banking and Currency 5]              399, 453-54
                  Liability of banking corporation
                    shareholders and stockholders
Section 8         Railways and rail companies           329, 439-41
                    declared public highways and
                    common carriers; regulation of
                    rates
Section 9         Casting of votes for directors or
                    managers; cumulative voting         441

Article XVI -     Impeachment and Removal from Office

Section 1         Power of impeachment in house;        343, 386
                    majority required (No discussion)
Section 2         Trial of impeachments; presiding      343, 386
                    officer
Section 3         Officers subject to impeachment;      343-44, 386
                    grounds; Removal from office;
                    criminal prosecution
Section 4         Removals of officers not subject to   344, 386
                    impeachment (No discussion)
Section 5         Suspension of duties between          344, 386
                    impeachment and acquittal
                    (No discussion)
Section 6         Lieutenant governor not to try        344, 386
                    Governor (No discussion)
Section 7         Service of copy of impeachment        344, 386
                    before trial required
                    (No discussion)
Section 8         Impeachment twice for same offense    344, 386
                    prohibited (No discussion)

Article XVII -    Seat of Government                    339, 373

Article XVIII -   Future Amendments

Section 1         Amendments                            383-84, 444,
                                                        448-49
Section 2 [1]     Multiple amendments voted             383-84
                    separately
Section 3 [2]     Revision                              384, 444

Article XIX -     Miscellaneous

Section 1         [Eminent Domain 1]                    424, 455
                  Ultimate property in the people
                    escheat (No discussion)
Section 2         [Eminent Domain 2]                    424, 455
                  Corporations subject to eminent
                    domain; Police power                363, 453
Section 3         [State Institutions 1]
                  Public Institutions (No discussion)
Section 4         [Roads, Bridges, Internal             385, 442
                    Improvements 1]
                  Grants of land, internal
                    improvements (No discussion)
Section 5         [Roads, Bridges, Internal             386, 442
                    Improvements 2]
                  Appraisal and sale of donated
                    lands (No discussion)
Section 6         [State Seal]                          371-72, 407
                  Great Seal of South Dakota
Section 7         Taxation of non-residents.
                    Equal protection.

Schedule and Ordinance

Section 1         Validity of territorial actions,      390, 411
                    continuity (No discussion)
Section 2         Territorial laws remain in force      390, 411
                    (No discussion)
Section 3         Fines, penalties, forfeitures and     390, 411
                    escheats to State (No discussion)
Section 4         Recognizances, bonds, other           390, 411
                    obligations (No discussion)
Section 5         Territorial officers retain power     391, 411,
                    until superseded                    430-31, 447,
                                                        448
Section 6         First meeting of Legislature in       391, 411,
                    Yankton                             431, 462
Section 7         County and township officers          391, 411
                    retain office
Section 8         Ratification of this Constitution     391-92, 411,
                                                        419-22, 428-432
Section 9         Meeting of First Legislature          392, 419,
                                                        430, 447
Section 10        State Executive Committee             392, 430
                    (No discussion)
Section 11        Powers of State Executive Committee   392-93, 430
                    (No discussion)
Section 12        Elections (No discussion)             393-94, 430
Section 13        Judges of election, authority         394, 430
                    (No discussion)
Section 14        Certificate of election               394, 430
                    (No discussion)
Section 15        Counting ballots (No discussion)      394, 430
Section 16        Certification of votes cast           394-95, 430
                    (No discussion)
Section 17        Finalization of elections, counting
                    votes (No discussion)               395, 430
Section 18        Oath of office (No discussion)        395-96, 430
Section 19        Vacancy of office of President of     396, 430
                    State Exec. Committee
                    (No discussion)
Section 20        Inclusion of counties for Senate
                    and House of Reps. Vote             396, 430
                    (No discussion)
Section 21 [23]   Election of State Officers and        396, 430, 457
                    Legislature
Section 22        Continued election of State
                    Officers and Legislature            430
Section 23        Validity of ordinance and schedule    396, 430
Section 24        Unknown. (The 1883 Constitution as    430
                    printed in the 1885 Journal does
                    not have a Section 24)

                     Subject Matter Index

Accounting                                              337-38
Address to the People                                   432-33
Administration/Administrative Committee                 401-02
  Other Executive Officers                              401, 453
  Powers of other officers                              401, 453
  Section 3--Records kept (Struck)                      401-02, 453
Agriculture--See Manufactures and Agriculture           383-84, 424,
  Amendment and Revision of the Constitution            444, 448-49
Apportionment--See Legislative: Legislative             337, 353,
  Apportionment Appropriations                          359, 372,
                                                        400, 410,
                                                        443, 425
Attorney General--See Administrative                    382-83, 401
Bail                                                    341, 446-47,
                                                        449
Banking and Currency                                    398-99
  Banks to cease operations within twenty years of      399, 453-54
    organization; Reorganization (No discussion)
  General banking law and requirements                  398, 453-54
  Liability of banking corporation shareholders         399, 453-54
    and stockholders
  State shall not be a stockholder in any bank          399
Bill of Rights--See Declaration of Rights
Boundaries--See Name, Boundary and Seat of
  Government
Bridges--See Roads, Bridges and other Internal
  Improvements
Capitol
  Request for public lands                              302
Census
  Report                                                301, 317-18,
                                                        350, 364-65,
                                                        451
  Chief Enumerator                                      464, 466
Common Carriers/Railroads--See Corporations other
  than Municipal and Banking
Committees--General
  Chairperson selection                                 307
  Membership appointed by the President                 304
  Standing Committees                                   300
    List of Committees                                  310, 316,
    Membership                                          319, 324-25
  Committee to Present the Constitution to the          464, 466-67
    President and Congress
Compensation of Public Officers                         338, 406-07,
                                                        452
Congressional Apportionment--See Legislative and
  Congressional Apportionment
Constitution
  Framing by relevant committee                         314
  Adoption                                              464-65, 466
Contracts
  Limitations on Legislative power to impair            341-42
Corporations other than Municipal and Banking
(Limited discussion)
  Report                                                370-71
  Discussion, Amendment and Adoption                    439-41, 454
  Cumulative Voting of Directors                        441
  Railroads--Rates and Commissioners                    329, 439-41,
                                                        450
  Taxation of gross earnings                            443
County and Township Organization
  First Report                                          357, 367-69
  Minority Report (no text)                             366
  Second Report--Mr. Brooking's Alternative             368-70
  New Counties                                          302
Criminal Prosecution--See also Declaration of
Rights, Pardons
  Capital Punishment                                    408, 446
  Rights of the accused                                 340-41, 446
    Bail                                                341, 446-47,
                                                        449
    Cruel Punishment                                    447, 449
    Fines                                               447, 449
    Jury                                                340, 403,
                                                        445-46, 449
  Grand Jury                                            341, 446, 449
  Habeas Corpus                                         341, 446
Debt--See also State, County and Municipal
Indebtedness
  Debt arising out of contract                          342
  Exemption from seizure                                342, 362, 405
Declaration of Rights                                   339
  Amendment by Petition                                 424, 444,
                                                        448, 449
  Attainder by Legislature prohibited                   447, 449
    (No discussion)
  Bail                                                  341, 446,
                                                        447, 449
  Contracts, impairment of (No discussion)              341-42, 403
  Courts open; remedy for injury (No discussion)        446-47, 449
  Cruel punishments (No discussion)                     447, 449
  Double jeopardy                                       341, 446, 449
  Elections free and equal; right of suffrage           446, 449
    (No discussion)
  Eminent Domain; takings and just compensation         342, 403
  Ex-post facto laws (No discussion)                    341-42, 403
  Freedom of religion (No discussion)                   339-40, 402
  Freedom of speech (No discussion)                     340, 402
  Freedom of press (No discussion)                      340, 402
  Fundamental principles (No discussion)                342, 403
  Grand juries                                          341, 403,
                                                        446, 449
  Habeas corpus                                         341, 446, 449
  Imprisonment for debt                                 342, 403
  Indictment                                            341, 446, 449
  Informations                                          341, 446, 449
  Inherent Rights/Powers                                339, 402,
                                                        404, 445-47,
                                                        448, 449
  Inseverability from the Union (No discussion)         447, 449
  Inviolability of Bill of Rights (No discussion)       447, 449
  Jury trial, jury composition and voting               340, 445-46,
                                                        449
  Maintenance of free government                        447, 449
  Military subordinate to civil power                   342, 403
  Peaceable assembly, petition (No discussion)          340, 402
  Pennsylvania Bill of Rights as reference
    Motion to reference Sections 5, 11, 12, 13,         403
      18, 20, 21, 26 of Pennsylvania Bill
      of Rights
  Privileges and immunities (No discussion)             341-42, 403
  Quartering of soldiers (No discussion)                342, 403
  Resident aliens' property rights (No discussion)      342, 403
  Right to bear arms (No discussion)                    447, 449
  Rights of accused                                     340-41, 446,
                                                        449
  Search and seizure (No discussion)                    341, 403
  Section 17 Debtor' s privileges; exemptions           342, 403, 405
    (Tabled)
  Section 19 Writs of error (struck)                    342, 403
  Suspension of laws (No discussion)                    447, 449
  Taxation without consent; uniformity                  342, 403
    (No discussion)
  Treason (No discussion)                               341, 403
  Warrants (No discussion)                              341, 403
Double Jeopardy                                         341, 446, 449
Duty (taxation)                                         342
Education and School Lands
  Committee Report                                      326-28
  Compulsory education (proposal)                       356, 357, 461
  Interest in sale of school equipment prohibited       327-28, 356
    (No discussion)
  Public support of sectarian instruction               328, 356
    prohibited (No discussion)
  Sale of school lands; Terms of sale of school         326-27, 348-349
    lands
  School supplies and books provided by state           357
    (proposal)
  Taxation to support school system (No discussion)     327, 355
  Trust fund for maintenance of public schools;         326, 348
    principal inviolate
  Fund income apportioned among schools                 326, 348
  Requirement of districts to receive school funds      327, 355-56
  Uniform system of free public schools                 326, 348
    (No discussion)
  Uniformity of textbooks (proposal)                    357
  Use of lands given for schools and the university     327, 355
    (No discussion)
Elections/Voting--See also Women' s Suffrage
  All votes by ballot                                   320, 331
  Biennial Elections                                    323, 460
  Committee Report                                      320-21, 323
  Date of first election (proposal)                     460
  Elector privilege from arrest; military duty          320-21, 331
  Exemptions from loss of residence                     321, 331
  Literacy Requirement (proposal)                       372
  Persons disqualified to vote                          321, 331
  Postponement of elections, empowerment and            462
    authorization of State Executive Committee to
    call new elections
  Section 6 Requirements of candidates (Struck)         321, 331
  Soldier residency                                     321, 331
  Voter Requirements                                    320, 331
  Women' s right to vote for school purposes            321, 332,
                                                        342-43, 373-374
Eminent Domain and Public Property--See also Dec.
of Rights, Section 14
  Report                                                423-24, 455
  Drains and Ditches (Manufactures and Agriculture,     450, 456
    Sec. 2; struck)
  Water rights--access, drainage, riparian, etc.        385, 442
Executive
  Bribery--See Legislative, Section 33
  Committee Report                                      407-10
  Executive Powers                                      407, 424
    Governor Powers                                     408-09, 425
      Appointment power (No discussion)                 409, 425
      Commander in Chief (No discussion)                408, 425
      Disapproval of appropriations (No discussion)     410, 425
    Lt. Governor duties (No discussion)                 409, 425
  Election procedures (No discussion)                   407-08, 425
  Other Executive Officers--See Administration
  Pardons                                               346
  Qualification, election and term                      407, 425
  Succession of executive power (No discussion)         409, 425
Exemptions, Real and Personal
  Report                                                362, 405
    Minority Report (no record in text)                 364
Impeachment and Removal from Office                     343-44, 386-387
  (Limited discussion)

Judicial
  Appeals
  Circuit Courts
    Holding court in other circuits (No discussion)     381, 427
    Jurisdiction (No discussion)                        377, 426
    Circuit Judges, election, term (No discussion)      378, 426
    Judicial Circuits (No discussion)                   378, 426
    Modification of Circuits by Legislature             378-79, 426
    Writs of error and appeals (No discussion)          379, 426
  Clerk and Reporter                                    377, 381,
                                                        426, 427
  County Courts                                         318
  County Judges, election, term (No discussion)         379, 426
  County Court jurisdiction, writs of error, appeal
  (No discussion)                                       379, 426
  Criminal jurisdiction (No discussion)                 379-80, 426
  District Judges
  Elections                                             380, 427
  Judicial Districts                                    377, 425
  Judicial Powers                                       375, 425
    Powers of the Supreme Court                         375-76, 425
  Justices of the Peace (No discussion)                 380, 426
  Police Magistrate (No discussion)                     380, 426
  Process and Prosecution in the name of the State      382, 427
    (No discussion)
  Qualifications of Judges (No discussion)              380, 426
  Residency requirements, vacancy of office             382, 427
    (No discussion)
  Restrictions on acting as a lawyer or counsel         381, 427
    (No discussion)
  Restrictions on elective offices                      382, 427
  Salary and compensation (No discussion)               381, 427
  State' s Attorney (No discussion)                     328, 382-83,
                                                        426, 427
  Successorship, transition (No discussion)             382, 427
  Supreme Court
    Composition                                         376, 425
    Expansion of Supreme Court (No discussion)          376, 425
    Legal opinions requested by the Governor            377, 426
      (proposal)
    Minimum number of terms (No discussion)             376, 425
    Powers of the Supreme Court                         375-76, 425
    Presiding Judge (No discussion)                     376, 425
    Publication of decisions                            377, 426
    Qualifications of office, Supreme Court             376-77, 425
    (No discussion)
    Quorum and adjournment (No discussion)              376, 425
    Term of office (No discussion)                      376, 425
  Terms of court (No discussion)                        380-81, 427
    Special terms (No discussion)                       381, 427
  Uniformity of laws regarding the courts               381-82, 427
    (No discussion)
  Writs of habeas corpus, mandamus, etc.                376, 425, 456
Juries                                                  340, 403,
                                                        445-46, 449
Languages
  Printing Constitution in multiple languages
  (German, Norwegian)                                   347, 449-50
Legislative (Limited discussion, see Article Index)
  Committee Reports                                     350-55, 357-361
  Legislative bribery                                   354-55, 360
  Limitations on Legislative power                      354, 359-60
  Number of Legislators                                 350, 357-58,
                                                        361
  Privilege from arrest                                 352, 359,
                                                        442-44
  Prohibition on federal officers                       352, 359, 360
  Qualifications for legislative office                 350, 357-58
  Sessions                                              350-51,
                                                        357-358, 359
                                                        361, 454-55
  Terms of office                                       350, 358-59
Legislative Apportionment                               433-38, 454,
                                                        455, 457
Manufactures and Agriculture
  Report                                                450, 456
  Section 2 Drains and Ditches; Railroad
    commissioners (struck)                              450
Married Women, Rights of (Committee)
  Report                                                344-45
  Minority Report                                       345, 374
Marital Property--See Married Women, Rights of
Military Affairs (Limited discussion)                   321-22, 324,
                                                        332-33
Mines, Mining and Water Rights
  Mining
    Section 1 Drainage of Mines (No discussion)         384, 441
    Section 2 Science of Mining and Metallurgy be
      taught (No discussion)                            384, 441
  Water Rights
    Section 1 Water Rights, riparian rights             385, 442
    Section 2 Right of way for construction,            385, 442
      conveyance and drainage (No discussion)
    Section 3 Further legislative action allowed        385, 442
      (No discussion)
Motto--See State Seal, Coat of Arms, and Motto
Name, Boundary and Seat of Government                   338-39,
  (Limited discussion)                                  372-373
Native Americans
  Committee to open Sioux Reservation for               301, 308-09,
    settlement                                          461
Pardons                                                 346, 408-09
Peaceable assembly, Right to petition                   340, 402
Penitentiary--See State Institutions and Public         328, 347-48
  Buildings
Preamble
  Judiciary Committee Draft of Preamble                 411-14, 453
Press                                                   340, 460
Prisons--See State Institutions and Public              315, 320,
    Buildings Prohibition                               324, 326,
                                                        329, 334-35,
                                                        346-47, 366,
                                                        368, 375,
                                                        414-28
  Special Report of Legislative Committee on            414-16
    Prohibition
Property--See Eminent Domain; Married Women,
  Rights of.
Public Accounts and Expenditures                        337-38, 372
  (Limited discussion)
Public Buildings--See State Institutions and Public     399-401, 443
    Buildings Revenue and Finance                       399-400,
    (Limited Discussion) Annual tax                     443, 451-52
Roads, Bridges and other Internal Improvements          385-86, 442
  (Limited discussion)
Rules of the Convention                                 303-08
  Arrangement and Phraseology instructions              389, 442-43
  Dissenting against act or resolution                  303
  Expulsion of member                                   303
  Motions                                               305, 306
  Order of Business                                     307
  President of Convention
    Duties                                              304
    Substitute                                          304
    See also Address to the People
  Quorum                                                303
  Rules of Order: Jefferson' s Manual                   308
  Speaking--Time allowed and other limitations          349, 423
  Smoking                                               304
  Transgression of the Rules by member                  304
  Voting                                                303-08
Schedule and Ordinance
  First Report                                          389-97
    Minority Report                                     397-98
  Section 1    Validity of territorial actions,         390, 411
                 continuity (No discussion)
  Section 2    Territorial laws remain in force         390, 411
                 (No discussion)
  Section 3    Fines, penalties, forfeitures and        390, 411
                 escheats to State (No discussion)
  Section 4    Recognizances, bonds, other              390, 411
                 obligations (No discussion)
  Section 5    Territorial officers retain power        391, 411,
                 until superseded                       430-31, 447,
                                                        448
  Section 6    First meeting of Legislature in          391, 411,
                 Yankton                                431, 462
  Section 7    County and township officers             391, 411
                 retain office
  Section 8    Ratification of this Constitution        391-92, 411,
                                                        419-22, 428-432
  Section 9    Meeting of First Legislature             392, 430, 447
  Section 10   State Executive Committee                392, 430
                 (No discussion)
  Section 11   Powers of State Executive                392-93, 430
                 Committee (No discussion)
  Section 12   Elections (No discussion)                393-94, 430
  Section 13   Judges of election, authority            394, 430
                 (No discussion)
  Section 14   Certificate of election                  394, 430
                 (No discussion)
  Section 15   Counting ballots (No discussion)         394, 430
  Section 16   Certification of votes cast              394-95, 430
                 (No discussion)
  Section 17   Finalization of elections,               395, 430
                 counting votes (No discussion)
  Section 18   Oath of office (No discussion)           395-96, 430
  Section 19   Vacancy of office of President of        396, 430
                 State Exec. Committee
                 (No discussion)
  Section 20   Inclusion of counties for Senate         396, 430
                 and House of Reps. Vote.
                 (No discussion)

  Section 21   Taxation of non-resident property        396, 430
                 owners or proprietors
  Section 22   Apportionment of Territorial Debt        396
  Section 23   Election of State Officers and           396, 430, 457
                 Legislature
  Section 24   Validity of ordinance and schedule       396, 430
    Second Report                                       448
    Mr. Wood's addition                                 456
    Mr. Wood's second addition                          462
    Mr. Campbell's resolution of adoption               462-63
Seat of Government--See Name, Boundary and Seat of
  Government
Secretary of State--See Administrative                  401
Secretary of the Commonwealth--See Administrative       401
State's Attorney                                        382-83
State Executive Committee                               457-59,
                                                        460-461,
                                                        462, 465

State, County and Municipal Indebtedness
  Committee Report                                      336-37
  Municipal and Political Subdivision debt
    Debt limitations for municipalities and             336-37, 389
      political subdivisions (No discussion)
  Irrepealable tax to repay debt of municipality        337, 389
    or political subdivision
  Limitation on municipalities and other political      336, 387-88
    subdivisions to loan credit, make donations,
    etc.
  State Debt
    Limitation on State to loan credit, make            336, 387
      donations, subscribe or own capital stock,
      or engage in internal improvements
    Maximum state debt-Irrepealable tax to repay        336, 387
      (No discussion)
State Institutions and Public Buildings
  Section 1    State Institutions                       363, 453
                 (Sole remaining section)
  Section 2    Board of Prison Directors, term of       363, 453
                 office and appointment (Struck)
  Section 3    Powers of Board of Prison                363, 453
                 Directors (Struck)
  Section 4    Officers of the prisons (Struck)         363, 453
  Section 5    Compensation (Struck)                    363, 453
  Section 6    Legislative power to define and          363-64, 453
                 regulate powers and duties
                 (Struck)
State Seal, Coat of Arms, and Motto                     371-72, 407
Taxation--See also State, County and Municipal
  Indebtedness;
Revenue and Finance
  Authorization                                         342
Treasurer--See Administrative                           401
Water Rights--See Mines, Mining and Water Rights        314, 316, 465
Ways and Means                                          314, 315-16,
Women's Suffrage                                        331, 335-36,
                                                        342-43, 346,
                                                        373-74, 397


Index to the Journal of the Constitutional Convention 1885 By Article and Subject Matter

Editorial notes, 1907: "Misfortunately, the files of the convention of 1885 have been lost, so that the papers and resolutions generally discussed there cannot be presented, and without them the debate is sometimes rather ambiguous. In the main, however, the subject matter is sufficiently developed in the argument to clearly indicate its pertinence to the constitutional provision under consideration.? Dakota Constitutional Convention (1885), page 48.

Compilers notes, 2007: The missing committee reports and proposals lead to some difficulty and ambiguity in creating a true subject matter index. I have attempted to create an index to the Convention using the section numbers as used by the Convention. Where available, I have provided brief descriptions of the sections. The limitations of the transcript are apparent and prevent me from providing a precise index.

The Article Index reflects the section numbering as finalized by the 1885 Constitutional Convention. For some sections, brackets appear to denote that the section was "discussed as" a different number in the 1885 Journal text. For example, Article X, Section 2--Municipal Corporation taxation in the final 1885 Constitution was "discussed as Section 4" in the text. This technique serves to translate from the final version number to the original number when reading the appropriate passage of the text.

The 1885 Journal does not include the text of all sections discussed by the Convention. Because the 1889 Convention left the text of the Constitution almost entirely intact, I consulted early copies of the South Dakota Constitution to aid in the identification of sections and their subject matter. Primarily, the 1921 Constitution, annotated by Supreme Court Justice John Howard Gates, was used for this purpose. A copy is available at the McKusick Law Library at the University of South Dakota School of Law in the main collection of South Dakota materials. It has no modern library identifiers and cannot be found in the computer database.

NOTE: The text numbers page 372 as "392;" page 401 as "400;" and page 595 as "596."

                    1885 Constitution Article Index

                    Preamble                              575-82

Article I -         Name and Boundary
                      (No text--See Subject Matter
                      Index--Name, Boundary and Seat
                      of Gov't)
  Section 1         Name of State, "South Dakota"
  Section 2         Boundaries of State
  Section 3         Seat of Government voting

Article II -        Division of the Powers of
                    Government

Article III -       Legislative Department

  Section 1         Legislative Power--Senate and House   138, 177
  Section 2         Number of legislators, biennial       138-39,
                      sessions                            177-82, 365
  Section 3         Qualifications for legislative        139, 182-84
                      office
  Section 4         Legislative reapportionment           139, 158,
                                                          184-85,
                                                          205-209, 217
  Section 5         Disqualification for conviction of    139, 205,
                      crime; defaults                     209-12
  Section 6         Oath required of legislators and      139-40,
                      officers                            212-213,
                                                          217-18
  Section 7         Legislative terms of office,          140, 158,
                      compensation, regular sessions      218-22
  Section 8         Convening of annual sessions          140, 222, 253
  Section 9         Each house as judge of                140, 222
                      qualifications; quorum; rules
                      of proceedings
  Section 10        Legislators' privilege from arrest;
                      freedom of debate                   140, 222
  Section 11        Legislators ineligible for other      140-41,
                      office; Contracts with state        222-226
  Section 12        Elections viva voce (No discussion)   141, 227
  Section 13        Legislative journals; recording of    141, 227,
                      yeas and nays                       231-32
  Section 14        Open legislative sessions;
                      exception (No discussion)           141, 227
  Section 15        Adjournment of legislative houses
                      (No discussion)                     141, 227
  Section 16        Reading of bills (No discussion)      141, 227
  Section 17        One subject expressed in title;       141, 227-29
                      veto
  Section 18        Private and special laws prohibited   141, 229-31,
                                                          311-24
  Section 19        Enacting clause; assent by            141, 232
                      majority; recording of votes
  Section 20        Signing of bills and resolutions      141, 232
                      (No discussion)
  Section 21        Origin of bills; amendment in other   141-42, 232
                      house (No discussion)
  Section 22        Limitation on payments out of the     142, 232-34
                      treasury
  Section 23        Games of chance prohibited            142, 234
                      (No discussion)
  Section 24        Compensation of public officers       142, 234
                      (Missing identification in
                      the text, page 234)
  Section 25        Governor' s power to fill vacancies   142, 234
                      (No discussion)
  Section 26        Suits against the state               142, 234-35
  Section 27        Effective date of acts; emergency     142, 235-41
                      clause (Missing identification
                      in the text, page 235)
  Section 28        Bribery and corrupt solicitation      142, 241,
                      of officers                         243, 324-25

Article IV -        Executive Department

  Section 1         Executive power and term of office    143, 275
  Section 2         Qualification, election and term      143, 275-77
  Section 3         Election procedures                   143, 277
  Section 4         Commander in Chief                    143-44, 277
  Section 5         Powers of the Governor                144, 277
  Section 6         Succession of executive power         144, 277, 278
  Section 7         Powers and duties of Lt. Governor     144, 277-78
  Section 8         Appointment power                     144, 278
  Section 9         Bill presentment and signing;         145, 278
                      veto/objection
  Section 10        Disapproval of appropriations         145, 228,
                                                          278-79
  Section 11        Other Executive Officers              145
                      (No discussion)
  Section 12        Powers of other officers              145, 279

Article V -         Judicial Department

  Section 1         Judicial powers                       164, 254-55
  Section 2         Powers of the Supreme Court           164, 254-55
  Section 3         Writs of habeas corpus, mandamus,     164-65,
                      etc.                                254-255
  Section 4         Minimum number of terms               165, 255-59
                      (Location and sessions)
  Section 5         Supreme Court composition             165, 259-64
  Section 6         Expansion of Court (No discussion)    165, 264
  Section 7         Quorum and adjournment                165, 264
                      (No discussion)
  Section 8         Term of office (No discussion)        165, 264
  Section 9         Presiding Judge (No discussion)       165, 264
  Section 10        Qualifications of office              165, 264-65
  Section 11        Judicial Districts                    165, 262,
                                                          265, 267-69
  Section 12        Clerk and Reporter, publication       165, 265-66
                      of decisions
  Section 13        Legal Opinions at request of          148, 391
                      Governor (from proposal)
  Section 14        Circuit Court jurisdiction,           166, 266, 269
                      judges, election, term
  Section 15        Judicial Circuits                     166, 266, 269
  Section 16        Modification of Circuits by           166, 266, 269
                      Legislature
  Section 17        Writs of error and appeals            166, 269
  Section 18        County Judges, election, term         167, 269
                      (No discussion)
  Section 19        County Court jurisdiction, writs      167, 269
                      of error, appeal (No discussion)
  Section 20        Criminal jurisdiction                 167, 269
                      (No discussion)
  Section 21        Justices of the Peace                 167, 269
  Section 22        Police Magistrate (No discussion)     167, 269
  Section 23        State' s Attorney                     167-68,
                                                          269-270
  Section 24        Qualifications of Judges              168, 270
                      (No discussion)
  Section 25        Elections and term of office          168, 270-72
  Section 26        Time and terms of court               168, 272
  Section 27        Special terms (No discussion)         168
  Section 28        Circuit Judges holding court in       168, 272
                      other circuits
  Section 29        Salary and compensation               168, 272
  Section 30        Restrictions on acting as a           168, 272
                      lawyer or counsel
  Section 31        Clerks of Court                       168-69, 272
  Section 32        Terms of Court                        169, 272
  Section 33        Uniformity of laws regarding the      169, 272-73
                      courts
  Section 34        Restrictions on elective offices      169, 273
  Section 35        Successorship, transition             169, 273
  Section 36        Residency requirements, vacancy       169, 273
                      of office
  Section 37        Process and prosecution in the        169, 273-74
                      name of the State

Article VI -        Bill of Rights

  Section 1         Inherent rights                       131, 281
  Section 2         Due Process (Missing discussion)      131, 281
  Section 3         Freedom of Religion                   131, 281
                      (Missing discussion)
  Section 4         Peaceable assembly, right to          131, 281
                      petition (Missing discussion)
  Section 5         Freedom of speech, press              131, 281
                      (Missing discussion)
  Section 6         Jury trial, jury composition          131, 281-89
                      and voting
  Section 7         Rights of accused                     131, 289
  Section 8         Right to bail; habeas corpus          131-32,
                                                          289-290
  Section 9         Self incrimination and double         132, 290
                      jeopardy
  Section 10        Grand juries, indictment and          132, 290
                      informations
  Section 11        Search and seizure, warrants          132, 290-91
  Section 12        Ex-post facto laws, impairment of
                    contract obligations, privilege or    132, 291
                      immunity
  Section 13        Eminent Domain; takings and just      132, 291-300,
                    Compensation                          302-08,
                                                          332-38
  Section 14        Resident aliens' property rights      132
                      (No discussion)
  Section 15        Imprisonment for debt                 132, 338-39
  Section 16        Military subordinate to civil         132, 189, 339
                      power; quartering of soldiers
                      (No discussion)
  Section 17        Taxation without consent;             132, 339
                      uniformity (No discussion)
  Section 18        Equal privileges or immunities        132, 339
                      (No discussion)
  Section 19        Free and equal elections; right of    132-33, 339
                      suffrage; soldier voting
  Section 20        Courts open; remedy for injury        133, 339
                      (No discussion)
  Section 21        Suspension of laws prohibited         133, 339
                      (No discussion)
  Section 22        Attainder by Legislature prohibited   133, 339
  Section 23        Excessive bail or fines; cruel        133, 339
                      punishments
  Section 24        Right to bear arms (No discussion)    133, 339
  Section 25        Treason (No discussion)               133, 339
  Section 26        Inseverability from the Union and     133, 339
                      the Supremacy of the U.S.
                      Constitution
  Section 27        Maintenance of free government;       133, 339
                      fundamental principles
                      (No discussion)

Article VII -       Election and Right of Suffrage

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Voter Requirements                    391-92,
                                                          425-430
  Section 2         Women' s Suffrage                     392-95, 400,
                                                          420-24,
                                                          429-432,
                                                          606-07,
                                                          607-10,
                                                          632-633
  Section 3         Votes by ballot; numbering of         394-96
                      ballots
  Section 4         Biennial elections                    394-95, 396
  Section 5         Elector privilege from arrest;        396
                      military duty (No discussion)
  Section 6         Soldier voting (No discussion)        396
  Section 7         Soldier residency                     396-97
  Section 8 [7]     Persons disqualified to vote          396-98
  Section 9         Women' s right to vote for school     397-411,
    [8, 9]            purposes                            414-31, 457

Article VIII -      Education and School Lands

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Uniform system of free public         499
                      schools (No discussion)
  Section 2         Perpetual trust fund for              499
                      maintenance of public schools;
                      principal inviolate
                      (No discussion)
  Section 3         Fund income apportioned among         499
                      schools; Apportionment of fines
                      (No discussion)
  Section 4         Sale of school lands-Appraisal        499
                      (No discussion)
  Section 5         Terms of sale of school lands         499-506,
                                                          509-14
                    (Missing identification 509--514?)    596-99
  Section 6         Conduct of sales of school lands;     506
                      conveyance of right or title
  Section 7         Unknown subject matter                506
                      (No discussion)
  Section 8         Unknown subject matter                506
                      (No discussion)
  Section 9         Lease of school lands                 506-09
                      (Missing identification?)
  Section 10        Unknown subject matter                514
                      (No discussion)
  Section 11        Investment of permanent               509-13,
                      educational funds                   514-19
                    (Missing identification 509--513?)    592-93,
                                                          596-598
  Section 12        Unknown subject matter                598
                      (No discussion)
  Section 13        Unknown subject matter                598
                      (No discussion)
  Section 14        Unknown subject matter                598
                      (No discussion)

Article IX-         County and Township Organization

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         County organization; new counties;    442-43
                      changes in boundaries
  Section 2         Determination of county seat          443
                      (No discussion)
  Section 3         Change of county seat                 443, 448-53
  Section 4         Township organization                 443, 447
                      (No discussion)
  Section 5         Election of county officers           443-46, 606
  Section 6         General law, duties and               445-47
                      compensation of county, township
                      and district officers
  Section 7         Qualifications of county, township    447-48,
                      and district officer                453-455

  Article X-        Municipal Corporations

  Section 1         Legislature empowered to provide      157, 529-30
                      municipal corporation laws,
                      restrict powers of corporations
  Section 2 [4]     Municipal corporation taxation        158, 530
                      (No discussion)
  Section 3 [5]     Consent required for streets,
                      railways, telegraph and             158, 530-31
                      telephone lines

Article XI -        Revenue and Finance

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Annual tax                            458-61
  Section 2         Classification of property for        461-69,
                      taxation                            543-547
  Section 3         Corporate tax power of state not      469
                      suspended
  Section 4         Bonds, stocks, notes, banks and       469
                      bankers taxed
  Section 5 [6]     Public property exempt from           471
                      taxation; exceptions
  Section 6 [7]     Property exempt from taxation;        471-78
                      personal property
  Section 7 [9]     Other exemption laws void             478, 491-92,
                                                          493
  Section 8 [10]    Object of tax to be stated            478
                      (No discussion)
  Section 9 [11]    Taxes paid into treasury;
                      appropriations required for         478
                      expenditure
  Section 10        Special assessments for local         478-79
    [12, 13?]         improvements; taxes for
                      purposes
  Section 11 [13]   Unauthorized use of public money      479, 492-93
                      as felony
  Section 12        Annual statement of receipts and
    [14?]             expenditures (?)

Article XII -       Public Accounts and Expenditures

  Section 1         Use of treasury by appropriation      172, 441
                      and warrant only (No discussion)
  Section 2         Appropriations (beginning of          172, 441-42
                      discussion unidentified)
  Section 3         Extra compensation, contractors
                      and public officers; payment of     172, 441
                      claims; insurrection
                      (No discussion)
  Section 4         Limitation on loans, credit,          172, 441
                      ownership (No discussion)
  Section 5         Itemized statement of receipts and    172, 441
                    expenditures (No discussion)

Article XIII -      Public Indebtedness [State, County
                    and Municipal Indebtedness]

  Section 1         Limitation on State to loan credit,   156, 529
                      make donations, subscribe or own
                      capital stock, or engage in
                      internal improvements
                      (No discussion)
  Section 2         Maximum state debt-Irrepealable       156, 529
                      tax to repay
  Section 3         Limitation on municipalities and      156, 529
                      other Political subdivisions to
                      loan credit, make donations,
                      etc. (No discussion)
  Section 4         Debt limitations for municipalities   156, 529, 530
                      and Political subdivisions
  Section 5         Irrepealable tax to repay debt of     157, 529
                      municipality Or political
                      subdivision
  Section 6         Territorial debts (No discussion)     157, 529

Article XIV -       State Institutions

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Charitable and penal institutions     547
  Section 2         Government of charitable and penal
                      institutions                        547
  Section 3         Board to govern state educational     547
                      institutions
  Section 4         Term limitation for governing         547
                      boards (?) (No discussion)
  Section 5         [Mines, Mining and Water Rights       173, 535-36,
                      Sec. 4] Mining and Metallurgy       548
                      Education

Article XV -        Militia [Military Affairs]

  Section 1         Composition of militia                126, 187,
                      (No discussion)                     195-96
  Section 2         Legislative provisions for militia    126-27,
                                                          187-197
  Section 3         Conformity to federal regulations     127, 195-97
  Section 4         Commissions of officers of militia    127, 195-97
  Section 5         Militia privileged from arrest        127, 195-97
  Section 6         Safekeeping of military records       127, 196, 198
                      and relics
  Section 7         Conscientious objectors               127, 195-97

Article XVI -       Impeachment and Removal from Office

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Power of impeachment in house;        582, 583
                      majority required (No discussion)
  Section 2         Trial of impeachments; presiding      582
                      officer
  Section 3         Officers subject to impeachment;      582
                      grounds; removal from office;
                      criminal prosecution
  Section 4         Removals of officers not subject      582
                      to impeachment (No discussion)
  Section 5         Suspension of duties between          582-83
                      impeachment and acquittal
  Section 6         Lieutenant governor not to try        582
                      Governor (No discussion)
  Section 7         Service of copy of impeachment        582
                      before trial required
                      (No discussion)
  Section 8         Impeachment twice for same offense    582
                    prohibited (No discussion)

Article XVII -      Corporations

  Section 1         Special corporation laws prohibited   133-34, 439
                      (No discussion)
  Section 2         Invalidation of charters without      134, 439
                      bona fide organization and
                      business (No discussion)
  Section 3         Laws for benefit of corporation as    134, 439-40
                      conditioned on compliance with
                      Constitutional provision
  Section 4         Corporations subject to eminent       134, 439
                      domain; Police power
  Section 5         Casting of votes for directors or     134
                      managers; cumulative voting
                      (No discussion)
  Section 6         Place of business and authorized      134, 440
                      agent required of foreign
                      corporation
  Section 7         Business to be expressed in           134
                      charter; real estate restricted
                      (No discussion)
  Section 8         Stocks and bonds-Indebtedness         134
                      increase (No discussion)
  Section 9         Compensation for private property     134-35,
                      taken for public use; assessment    292-293,
                      of damages                          303-05
  Section 10        Legislature' s power to alter,        135
                      revise, or annul corporate
                      charters; creation, renewal, or
                      extension (No discussion)
  Section 11        Local consent required for grant of   135
                      street railroad, telegraph right
                      (No discussion)
  Section 12        Construction and maintenance of       135, 440
                      telegraph lines; Controlling
                      interest in competing company
                      prohibited
  Section 13        State shall not become a              135
                      stockholder in any corporation
                      (No discussion)
  Section 14        Railroad corporations                 135-36
                      (No discussion)
  Section 15        Movable property of railroad          136
                      corporation considered
                      personality; execution and sale
                      (No discussion)
  Section 16        Consolidation of railroad lines;      136
                      forfeiture of charter for evasion
                      of provisions (No discussion)
  Section 17        Railways and rail companies           136, 440
                      declared public highways and
                      common carriers; regulation
                      of rates
  Section 18        Right to construct and operate        136, 440
                      railroad; Passengers, tonnage,
                      and cars
  Section 19        Rate discrimination prevention        136, 440
  Section 20        Corporations defined                  136-37, 440

Article XVIII -     Banking and Currency

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         General banking law; provisions       548-50
                      required
  Section 2         Bank to cease operations within
                      twenty years of organization;       550-51
                      reorganization
  Section 3         Liability of banking corporation
                      shareholders and stockholders       551

  Article XIX--     Congressional and Legislative
                    Apportionment

  Section 1         Congressional representatives         160, 496
                      elected at large (No discussion)
  Section 2         Senatorial and representative         160-64,
                      districts; apportionment            496-499

Article XX--        Seat of Government

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Temporary seat of government          439
  Section 2         Permanent seat of government          438
  Section 3         Election between two places with      438
                      highest votes if majority vote
                      not received

Article XXI -       Miscellaneous                         632 (?)

  Section 1         Seal and Motto                        407, 571-75
  Section 2         Salary of constitutional officers     142, 234,
                      (See Compensation of Public         520-29
                      Officers in Subject Matter Index)
  Section 3         Oath of Office                        664
  Section 4         Exemptions (Unclear beginning and
                      missing text)                       551-63
  Section 5         Rights of Married Women               600, 647, 664

Article XXII -      Federal Relations (No Report)         439

Article XXIII -     Amendments and Revision of the
                    Constitution

(Text missing, subject matter derived from 1921
Constitution and annotations)

  Section 1         Amendments (No discussion)            571
  Section 2         Revision                              571

Article XXIV -      Prohibition

(Text missing, consult 1921 Constitution                  86-87, 94,
and annotations)                                          174, 175,
                                                          326-32, 368,
                                                          616-17,
                                                          644-645

Article XXV -       Minority Representation

(Text missing, consult 1921 Constitution                  123, 124,
and annotations)                                          249-50,
                                                          391-393,
                                                          397-411,
                                                          415-30,
                                                          447, 454-55,
                                                          457, 606-08,
                                                          616, 632-33,
                                                          644-45

Schedule and Ordinance

(No report is given. The Schedule and Ordinance of the 1921
Constitution does not illuminate the proper subject matter
of the sections below.)

  Section 1         (No discussion)                       613-14
  Section 2         (No discussion)                       613-14
  Section 3         (No discussion)                       613-14
  Section 4         (No discussion)                       613-14
  Section 5                                               614
  Section 6         (No discussion)                       614
  Section 7                                               614, 628-29
  Section 8                                               614-16
  Section 9                                               616-19,
                                                          621-625, 633,
                                                          652-55
  Section 10                                              625-26
  Section 11        (No mention in text)
  Section 12        (No mention in text)
  Section 13                                              626
  Section 14        (No discussion)                       626
  Section 15                                              626
  Section 16        (No discussion)                       626
  Section 17        (No discussion)                       626
  Section 18                                              626-27
  Section 19                                              627
  Section 20                                              627-28
  Section 21                                              628
  Section 22        (No discussion)                       628
  Section 23                                              628
  Section 24                                              628, 629
  Section 25        (No discussion)                       628
  Section 26        (No discussion)                       628
  Section 27        (No discussion)                       628
  Section 28                                              628
  Section 29        (No mention in text)
  Section 30        (No discussion)                       628
  Section 31                                              628

Form of Ballot

(No text is provided. Form is discussed in                616-22, 625
conjunction with the Schedule and Ordinance)

                    Subject Matter Index

Address to the People                                     151
Adjournment                                               198, 325
Administration/Administrative Committee--See Executive
  and Administrative
Agriculture--See Manufactures and Agriculture
Amendment and Revision of the Constitution (No text)      202, 571
Appeals--Limitations on corporations' right to appeal     172-73
  (proposal)
Apportionment--See Legislative: Legislative
  Apportionment
Appropriations--See also Public Accounts and              172, 441-42
Expenditures
  Agricultural                                            174
  Appropriation for new public institutions, etc.
    approval by public (proposal)                         113
  Governor' s disapproval of appropriations               145, 228,
                                                          278-79
  Imposing, continuing or reviving appropriations or
    releasing, discharging, or commuting claims           147
    (proposal)
  Limitation to one subject matter in appropriations      125
    bills
  Limitation on payments out of the treasury              142, 232-34
Assessment
  Corporations                                            146, 462-63
  Railroads                                               464-68
Special assessments for local improvements                478-79
Attainder by Legislature prohibited                       133, 339
Attorney General                                          269-70, 526
Auditing Accounts                                         53
Bail                                                      131-32, 133,
                                                          289-90, 339
Banking and Currency (Limited discussion)                 202, 548-50
  Bank to cease operations within twenty years of         550-51
    organization
  Liability of banking corporation shareholders and
    stockholders                                          551
  Tax exemption                                           472
Bill of Rights
  Abolishment of government                               340-44,
                                                          347-364, 390
  Attainder by Legislature prohibited                     133, 339
  Bail                                                    131-32, 133,
                                                          289-90, 339
  Committee Report                                        131-33
  Contracts, impairment of                                132, 291
  Courts open; remedy for injury                          133, 339
  Cruel punishments                                       133, 339
  Day of rest observation (proposal)                      149, 339-40
  Double jeopardy                                         132, 290
  Due Process                                             131, 281
  Eminent Domain; takings and just compensation           109, 125,
                                                          132, 134-35,
                                                          149, 291-
                                                          300, 302-08,
                                                          332-38
  Ex-post facto laws                                      132, 291
  Freedom of Religion                                     131, 281
  Freedom of speech                                       131, 281
  Freedom of press                                        131, 281
  Fundamental Principles of the Bill of Rights            133, 339
  Grand juries                                            132, 290
  Habeas corpus                                           131-32, 164-
                                                          165, 254-55,
                                                          289-90
  Imprisonment for debt                                   132, 338-39
  Indictment                                              132, 290
  Informations                                            132, 290
  Inherent Rights/Powers                                  131, 281,
                                                          340-44, 347-
                                                          364, 390
  Inseverability from the Union                           133, 339
  Jury trial, jury composition and voting                 131, 281-89
  Maintenance of free government                          133, 339
  Military subordinate to civil power                     132, 189, 339
  Peaceable assembly, petition                            131, 281
  Privileges and immunities                               132, 291, 339
  Public service on days of rest or worship (proposal)    149, 339-40
  Quartering of soldiers                                  132, 189, 339

  Resident aliens' property rights                        132
  Right to bear arms                                      133, 339
  Rights of accused                                       131, 289
  Search and seizure                                      132, 290-91
  Self incrimination                                      132, 290
  Supremacy of the U.S. Constitution                      133, 339
  Suspension of laws                                      133, 339
  Treason                                                 133, 339
  Warrants                                                132, 290-91
Boundaries--See Name, Boundary and Seat of Government
Breach of public trust                                    125
Bridges--See Roads, Bridges and other Internal
  Improvements
Bribery and corrupt solicitation of officers              142, 216,
                                                          241-42, 243,
                                                          290, 324-25
Capitol Commission/ Territorial Treasury                  411-14
Census--See also Article III, Section 4                   87, 151
City/town charters                                        313-14,
                                                          319-322
Clerks of Court                                           146, 165,
                                                          168-69, 265-
                                                          266, 272
Codification of Laws                                      605-06
Common Carriers/ Railroads--See Corporations other
  than Municipal and Banking
Compensation of Public Officers                           142, 234,
                                                          520-29
  Committee Report (No text)                              202
  County Officers                                         445-47
  District Judges                                         320, 624
  Judiciary                                               168, 272, 570
  Legislative travel expenses/mileage                     525, 528-29
  Salary of constitutional officers                       520-29
Congressional Apportionment--See Legislative and
  Congressional Apportionment
Constitution of 1883 Reprinted                            9-45
Constitutional Convention
  Legislative Authorization                               49-55
  Delegates List                                          56-58
  Rules of the Convention                                 70-77,
                                                          158-159, 247
Contracts
  Contracts, impairment of                                132, 291
  Printing Committee problems with contract and           660-63
    resolution Bidding problems, lack of notice of
    taking bids
Corporations other than Banking and Municipal (Limited
  discussion other than Eminent Domain)
  Assessment                                              146, 462-63
  Committee report                                        133-37,
                                                          439-440
    Pennsylvania Constitution as source for
      committee's report                                  439-40
                                                          136-37, 440
  "Corporation"  defined                                  306-08
  Eminent domain; Compensation; assessment of damages     134-35, 292-
                                                          293, 304-05,
                                                          439
  "Franchise of a corporation" defined                    544
  Free transportation for public officials, breach
    of duty (proposal)                                    126, 528
      Referred to Legislative Committee                   138
  No right to appeal for corporations; less than          173
    $50 (proposal)
  Public vote required before granting of special
    privileges or powers to corporations (proposal)       174-75
  Railroad Depots (proposal)                              125
  Referred to Judiciary Committee                         137-38
  Taxation                                                461, 490-92,
                                                          543-47
Counties and Townships
  County organization                                     442-43
  County seat, County seat wars                           443, 448-53
  County Officers                                         444-46, 448
  Division of Counties                                    124
  Election of county officers                             443-46, 606
  General law, duties and compensation of officers        445-47
  Qualifications of county, township and district         447-48,
    officer                                               454-455
  Township organization                                   443, 447
Courts open; remedy for injury                            133, 339
Cruel punishments                                         133, 339
Debt--See State, County and Municipal Indebtedness
Debtor' s Exemptions--See Exemptions
District Attorneys                                        606
Double jeopardy                                           132, 290
Due Process                                               131, 281
Education and School Lands                                201, 592-93,
                                                          595-99
  Committee Report (No text)                              201
  Compulsory education between ages 6 and 12              148-49
  School Districts organization and character             146-47, 159
    (proposal)
  School Lands
    Commissioner of School Lands (No text)                202, 279
    Lease of school lands (Missing identification?)       506-09
    Perpetual trust fund for maintenance of public        499, 509-13,
      schools                                             514-19, 592-
                                                          593, 596-98
    Sale of school lands                                  171, 203,
                                                          204-05, 499-
                                                          506, 509-14,
                                                          596-99
  Uniform system of free public schools                   499
    (No discussion)
  Unnumbered section adopted (No text)                    514
Elections, Voting and Right of Suffrage--See also
  Women's
Suffrage
  Ballot voting; numbering of ballots                     394-96
    Ballot/Voting errors or problems (Text broken)        611-13, 616,
                                                          617-19
      Erasure/marking of vote                             621-24
  Biennial elections                                      123, 393-95,
                                                          439, 396
  Committee Report (No text)                              201, 202
  County officers                                         443-46, 606
  Date of elections and date of taking office             123
  Free and Equal Elections                                132-33, 339
  Gubernatorial                                           143, 277
  Judicial, General discussion                            168, 270-72
    Circuit Judges                                        166, 266, 269
    County Judges (No discussion)                         167, 168, 269
  Legislative (proposal)                                  170
  Military voting issues                                  396-97
  Poll Tax (Struck -Revenue and Finance, Section 5(?))    469-71
  Voter privilege from arrest (No discussion)             396
  Voter Requirements                                      203, 391-92,
                                                          397-98, 405,
                                                          424, 425-30,
                                                          652-53
  Women' s right to vote for school purposes              398-411,
                                                          414-31, 457
  Women' s Suffrage                                       392-95, 400,
                                                          420-24, 429-
                                                          432, 606-07,
                                                          607-08, 632-
                                                          633
Eminent Domain; takings and just compensation             109, 112,
                                                          125, 132,
                                                          134-35, 149,
                                                          291-300,
                                                          302-08, 332-
                                                          338
Ex-post facto laws                                        132, 291
Executive
  Committee Report                                        143-45
  Executive Powers                                        143, 275
    Governor Powers                                       144, 277
      Appointment power                                   142, 144,
                                                          234, 278
      Commander in Chief                                  143-44, 277
      Disapproval of appropriations                       145, 228,
                                                          278-79
    Lt. Governor Powers                                   144, 277-78
  Election procedures                                     143, 277
  Impeachment and removal from office                     101, 582-83
  Other Executive Officers (No discussion)                145
    Powers of other officers                              145, 279
  Qualification, election and term                        143, 275-277
  Succession of executive power                           144, 277, 278
Exemptions, Real and Personal                             551-563
(Majority and Minority reports missing; difficult
to follow the conversation.)
  All property exempt from execution and force sale       147
    (proposal)
  Compensation for Labor (proposal)                       146
  No changes in law re: seizure and sale for 11 years     147
    (proposal)
Expenses of the convention                                489, 659
  Per Diem                                                489-90
Federal Relations (Committee)                             439
  Proposal regarding observation of the Sabbath, etc.     112-13
Form of Ballot                                            617-22, 625
Freedom of Religion                                       131, 281
Freedom of speech                                         131, 281
Freedom of press                                          131, 281
Fundamental Principles of the Bill of Rights              133, 339
Game and Fish                                             318
Games of chance (No discussion)                           142, 234
Grand juries                                              132, 290
Habeas corpus                                             131-32, 164-
                                                          165, 254-55,
                                                          289-90
Homesteads (Unclear section, broken notes)                551-52
Impeachment and Removal from Office                       101, 582-83
Imprisonment for debt                                     132, 338-39
Indictment                                                132, 290
Informations                                              132, 290
Infrastructure--See Roads, Bridges and other Internal
  Improvements
Inherent Rights/Powers                                    131, 281,
                                                          340-44, 347-
                                                          364, 634-52
Inseverability from the Union                             133, 339
Judges                                                    224, 526
Judicial
  Appeals
    No right of appeal for corporations; less than $50
      (proposal)                                          173
  Circuit Courts
    Holding court in other circuits                       168, 272
    Jurisdiction                                          166, 266, 269
    Circuit Judges, election, term                        166, 266, 269
    Judicial Circuits                                     166, 266, 269
    Modification of Circuits by Legislature               166, 266, 269
    Writs of error and appeals                            166, 269
  Committee Report                                        164-169
  County Courts
    County Judges, election, term (No discussion)         167, 269
    County Court jurisdiction, writs of error, appeal
      (No discussion)                                     167, 269
  Criminal jurisdiction (No discussion)                   167, 269
  District Judges                                         624
  Elections                                               168, 270-72
  Judicial Districts                                      165, 262,
                                                          265, 267-69
  Judicial Powers                                         164, 254-55
    Powers of the Supreme Court                           164, 254-55
  Justices of the Peace                                   167, 269
  Police Magistrate (No discussion)                       167, 269
  Qualifications of Judges (No discussion)                168, 270
  Residency requirements, vacancy of office               169, 273
  Restrictions on acting as a lawyer or counsel           168, 272
  Restrictions on elective offices                        169, 273
  Salary and compensation                                 168, 272
  State' s Attorney                                       167-68,
                                                          269-270
  Successorship, transition                               169, 273
  Supreme Court
    Composition                                           165, 259-64
    Expansion of Supreme Court (No discussion)            165, 264
    Legal opinions requested by the Governor              148, 391
    Minimum number of terms (Location and sessions)       165, 255-59
    Powers of the Supreme Court                           164, 254-55
    Presiding Judge (No discussion)                       165, 264
    Publication of decisions                              165, 265-66
    Qualifications of office, Supreme Court               165, 264-65
    Quorum and adjournment (No discussion)                165, 264
    Term of office (No discussion)                        165, 264
  Terms of court                                          168, 272
    Special terms (No discussion)                         168
  Uniformity of laws regarding the courts                 169, 272-73
  Unknown legal opinion of Judiciary Committee            200-01
    approved
  Writs of habeas corpus, mandamus, etc.                  164-65,
                                                          254-255
Jury trial, jury composition and voting                   131, 281-89
Language -Printing the Constitution in multiple
  languages (German, Norwegian and English)               538-39, 605,
                                                          612
Legislation
  Effective date of acts; publication
    (Missing identification in the text, page 235)        142, 235-41
  Enacting clause                                         141, 232
  Laws of general interest be submitted to public vote    113
    (proposal)
  One subject expressed in title                          141, 227-29
  Origin of bills; amendment in other house               141-42, 232
    (No discussion)
  Presentment and signing                                 145, 278
  Private and special laws prohibited                     141, 229-31,
                                                          311-24
  Reading of bills (No discussion)                        141, 227
  Recording of votes                                      141, 232
  Reviving or amending laws; must refer to full law       175
    (proposal)
  Signing of bills and resolutions (No discussion)        141, 232
  Super majority (proposal?)                              605-06
Legislative
  Adjournment of legislative houses (No discussion)       141, 227
  Committee Report                                        138-42
  Compensation, per diem, travel/mileage                  140, 158,
                                                          218-22, 525,
                                                          528-29
  Composition; Number of legislators                      138-39,
                                                          177-182
  Disclosure by Legislator of personal or private
    interests (proposal)                                  213-14
  Election (proposal)                                     170
  Impeachment and removal from office                     101, 582-83
  Ineligibility for other office                          140-41,
                                                          222-226
  Legislative journals; recording of yeas and nays        141, 227,
                                                          231-32
  Legislative reapportionment                             139, 158,
                                                          184-85, 205-
                                                          209, 217
  Oath of office                                          139-40, 212-
                                                          213, 217-18
  Power                                                   138, 177
    To restrict municipal corporations, corporations      135, 157,
                                                          529-30
  Privilege from arrest                                   140, 222
  Provisions for militia                                  126-27, 187-
                                                          197
  Publication of Laws (proposal)                          235-41
  Qualifications for legislative office                   139, 140,
                                                          182-84, 209-
                                                          212, 222-25
  Quorum                                                  140, 222
  Sessions                                                140, 222, 253
    Open sessions (No discussion)                         141, 227
  Terms of office                                         140
  Viva voce, elections (No discussion)                    141, 227
Legislative and Congressional Apportionment

  Apportionment proposals
    Senatorial districts containing multiple counties
      and potential for multiple representative           175
      districts
    Number of Representatives is three times number of
      Senators                                            227
  Committee Report                                        159-64
  Congressional representatives elected at large          160, 496
    (No discussion)
  Senatorial and representative districts;                160-64,
    apportionment                                         496-499
Maintenance of free government                            133, 339
Manufactures and Agriculture
  Appropriations for donation to agricultural
    association (proposal)                                174
  Manufacturing exemption (proposal)                      174
Married Women, Rights of (Committee)                      600, 647, 664
Memorial to the President and Congress of the United
  States, requesting admission                            150, 591-92
Military Affairs/Militia
  Commissions of officers of militia                      127, 195-97
  Committee Report                                        114, 126-27
  Composition of militia (No discussion)                  126, 187,
                                                          195-96
  Conformity to federal regulations                       127, 195-97
  Conscientious objectors                                 127, 195-97
  Legislative provisions for militia                      126-27, 187-
                                                          197
  Military subordinate to civil power                     132, 189, 339
  Militia privileged from arrest                          127, 195-97
  Quartering of soldiers.                                 132, 189, 339
  Safekeeping of military records and relics              127, 198
  Section 8 (unknown subject matter, not passed)          197
Mines, Mining and Water Rights
  Committee report                                        173-74
  Mining
    Section 1 (Commissioner of mines, struck)             173, 532-35
    Section 2 (Mine safety, struck)                       173, 532-35
    Section 3 (Drainage of mines, struck)                 173, 535
    Section 4 (Mining and Metallurgy education,
    sole remaining section)                               173, 535-36,
                                                          548
  Water Rights
    Section 5 (Public water rights, struck)               173, 548
    Section 6 (Appropriation of water rights, struck)     173, 548
    Section 7 (Right of way, struck)                      173-74, 548
    Section 8 (Oversight of water rates, struck)          174, 548
Minority Representation--See Women' s Suffrage
Motto--See Seal of State, Coat of Arms and
  Design of Same Municipal Corporations
  Committee Report                                        157-58
  Consent required for streets, railways, telegraph
    and telephone lines                                   158, 530-31
  Legislature empowered to provide municipal
    corporation laws, restrict powers of corporations     157, 529-30
  Municipal corporation indebtedness                      157-58, 530
    (Struck-Section 3)
  Municipal corporation taxation (No discussion)          158, 530
  Prohibition on municipal corporations                   157, 530
    (Struck-Section 2)
  Taxes for municipal purposes                            478-79
Name, Boundary and Seat of Government
  (The discussion is unclear and no text is
    included for reference)
  Boundaries                                              63, 431-37,
                                                          539-43, 565-
                                                          570, 583,
                                                          584-90
  Mr. Campbell' s proposal re: "capitol site" (No text)   241, 308-10

  Name and Spelling (proposal: Dacotah)                   145-46
  Seat of government                                      203, 437-39
Native Americans or Reservations                          393, 503, 541
  Sisseton and Wahpeton Reservations                      435, 587
Nepotism                                                  325
Oath of office                                            139-40, 212-
                                                          213, 217-18,
                                                          664
Pardons                                                   210
Peaceable assembly, petition                              131, 281
Penitentiary--See State Institutions and Public
  Buildings
Photograph of the delegates                               152
Population of the proposed state in 1885                  59
Prayer, Opening                                           62
  Daily transcripts                                       55-56, 69,
                                                          93, 107, 111,
                                                          129, 153,
                                                          199, 248,
                                                          301, 346,
                                                          385-86, 456,

                                                          537, 602, 658
Preamble                                                  575-82
  (Majority and Minority reports do not
    appear in the text)
Press--Resolution to deliver copies of reports and        202-03
  proceedings to press
Prisons--See State Institutions and Public Buildings
Privileges and immunities                                 132, 291, 339
Prohibition                                               86-87, 94,
                                                          174, 175,
                                                          326-32, 368,
                                                          616-17,
                                                          644-645
  Prohibition and suffrage as separate votes from
    ratification                                          367-83, 386-
                                                          390
Prosecution in the name of the State                      169, 273-74
Public Accounts and Expenditures (Limited discussion)     172, 441-42
  Appropriations bills limited to one subject matter      125
    (proposal)
  Imposing, continuing or reviving appropriations or      147
    releasing, discharging, or commuting claims
    (proposal)
Public Buildings--See State Institutions and Public
  Buildings
Public service on days of rest or worship (proposal)      149, 339-40
Publication of laws (proposal)                            235-41
Qualifications for Office
  Legislative                                             139, 140,
                                                          182-84, 209-
                                                          212, 222
  Judicial office
    Supreme Court                                         165, 264-65
    Judges (No discussion)                                168, 270
  Governor                                                143, 275-77
Quartering of soldiers                                    132, 189, 339
Railroads--See also Corporations other than Municipal     109, 125,
  and Banking                                             126, 137-38,
                                                          291-300,
                                                          464-68
Ratification of Constitution--See Schedule and            572-75
  Ordinance Religion
  State Motto (Religious overtone questioned)             572-75
Resident aliens' property rights                          132
Revenue and Finance
  Annual tax                                              458-61
  Assessment of value                                     463-69,
                                                          543-547
    Corporate property                                    146
    Railroads                                             461-68
  Bonds, stocks, notes, banks and bankers taxed           469
  Charitable Taxation (including churches and schools)    471-78,
                                                          481-482
  Classification of property for taxation                 461-69,
                                                          543-547
  Committee Report (No text)                              201
  Corporate tax power of state not suspended              469
  Exemptions                                              471-78, 481-
                                                          482, 491-92,
                                                          493
    Manufacturing exemption (proposal)                    174
    Timber exemption (struck -Section 8)                  478, 479-89,
                                                          490-92
  "Franchise of a corporation" defined                    544
  Franchise Tax                                           467-68
  Object of tax to be stated (No discussion)              478
  Poll Tax (Struck -Section 5(?))                         469-71
  Public property exempt from taxation; exceptions        471
  Railroad/Corporate taxation                             461, 490-92,
                                                          543-47
  Section 15 (In part dealing with tax sales, taken       493-95
    from IL Constitution Section 4, Article 9, struck)
  Section 16 (Struck because Section 15 struck)           493, 495
  Special assessments for local improvements; taxes
    for municipal purpose                                 478-79
  State Board of Equalization (proposal)                  146
  Taxation of all moneys at interest and secured by       149
    mortgage
  Taxation on property not to exceed "two mills on the
    percent of value" (proposal)                          458-61
  Taxes paid into treasury; appropriations required
    for expenditure                                       478
  Unauthorized use of public money as felony              479, 492-93
Right to bear arms                                        133, 339
Rights of accused                                         131, 289
Roads, Bridges and other Internal Improvements
  (Report not in text) (No discussion)                    584
Rules of the Convention                                   70-77, 158-
                                                          159, 247
Schedule and Ordinance (Committee):
  (No report or text. Please consult the Article Index
    for a list of the sections discussed.)
Seal of State, Coat of Arms, and Design of same           147, 247,
                                                          407, 571-75
  Motto (Religious overtone questioned)                   572-75
Search and seizure                                        132, 290-91
Self incrimination                                        132, 290
Separation of church and state                            572-75
State, County and Municipal Indebtedness
  (Limited discussion)                                    156-57, 529-
                                                          530
  Letter from N.W. Harris & Co., Investment Bankers
    re: Bonds                                             154-56
  Limitation on municipal, school district
    indebtedness (proposal)                               154-56
State Executive Committee                                 655-57
State Government Power Limitations
  Non-violation of the Constitution of the United         630, 634-52,
    States                                                655
  (Compiler's Note, 2007: This section created great
    conflict and argument as to its purpose and
    meaning. Primarily, this conflict regarded the
    necessity of the limitation and what effect such a
    statement would have on the Territory's chances of
    admission to the Union  and its "revolutionary"
    tone.)
State Institutions and Public Buildings
  (Limited discussion, text missing)                      247, 441,
                                                          547-48
  No bonuses as an inducement to locate public
    institutions (proposal)                               175
State' s Attorney                                         167-68, 269-
                                                          270
Suits against the state                                   142, 234-35
Supremacy of the U.S. Constitution                        133, 339
Suspension of laws                                        133, 339
Taxation--See also Revenue and Finance; Public
  Accounts and Expenditures
  Annual tax                                              458-61
  Bonds, stocks, notes, banks and bankers taxed           469
  Classification of property for taxation                 461-69,
                                                          543-547
  Corporate Taxation                                      461, 490-92,
    Corporate tax power of state not suspended            469
  Equality of property tax (proposal)                     109, 122
  Exemptions                                              471-78, 478,
                                                          491-92, 493
  Identification in imposing, continuing or reviving      147
    taxes (proposal)
  Moneys at interest and secured by mortgage, taxation    149
  (proposal)
  Municipal corporation taxation (No discussion)          158, 530
  Public property exempt from taxation; exceptions        471
  Special assessments for local improvements              478-79
  Taxation bills, object specified                        478
  Taxes for municipal purposes                            478-79
  Taxes paid into treasury                                478
  Uniformity                                              132, 339
Telephones and Telegraphs                                 440
  "Effect" of telegraphs on the weather                   492
  "Town" definition (synonymous with "village")           530
  Treason                                                 133, 339
  Treasurer--See Administrative
  U.S. Constitution
    Amendment XV                                          406
    South Dakota acts of state consistent with U.S.       634-52, 655
      Constitution
  Veto                                                    122, 141,
                                                          145, 227-29,
                                                          278
  "Village" definition (synonymous with "town")           530
  Voting--See Elections, Voting and Right of Suffrage     132, 290-91
    Warrants
  Water Rights--See Mines, Mining and Water Rights        123, 124,
    Women' s Suffrage                                     249-50, 391-
                                                          393, 397-
                                                          411, 415-30,
                                                          447, 454-55,
                                                          457, 606-08,
                                                          616, 632-33,
                                                          644-45
    Prohibition and suffrage as separate votes from       367-83,
      ratification                                        386-390
    Omission of "male" as a qualification of voting       123
      (proposal)
  Petitions by 1/8th of female population (proposal)      148
  Separate public vote regarding Women' s Suffrage        124
    (proposal)
Writs of error and appeals                                166, 269


DAKOTA CONSTITUTIONAL CONVENTION 1887

Compiler's Note (2007): The records of the Dakota Constitutional Convention of 1887 provide no information regarding the substance of the South Dakota Constitution. Instead, this document illustrates the frustrations and hopes of the citizens of the Dakota Territory as they took a different approach to gaining statehood. In 1887, the entire Territory of Dakota applied for statehood as an undivided whole.

This document provides a very different insight into the history of South Dakota's statehood. The emotional history, rather than legal or political, is dominant. Speeches are presented and letters are read describing why Dakota should be accepted as a state and how this attempt will overcome previous objections from Congress. However, this application was also rejected.
Index to the Journal of the Constitutional Convention 1889
By Article and Subject Matter

NOTE: The page numbers between page 385 and 389 are absent. In the
Dakota Disc version, there are no pages numbered 386, 387 or 388.

                             Article Index

                 Preamble                                67-68, 71,
                                                         384

Article I -      Name and Boundary                       164-66, 260,
                                                         266-67
  Section 1      Name of State, "South Dakota"           165
  Section 2      Boundaries of State                     25-26, 32-
                                                         33, 152, 165,
                                                         266-67
  Section 3      Seat of Government voting               166, 260

Article II -     Division of the Powers of Government    68-69, 283-
                                                         284, 384-88
                                                         (missing
                                                         pages)
Article III -    Legislative Department                  270-71

(This Article is not directly discussed, see Subject Matter Index)

  Section 2      Number of legislators, biennial         240, 345-46
                   sessions
  Section 3      Qualifications for legislative          64
                   office
  Section 28     Bribery                                 85-86

Article IV -     Executive Department                    116, 181-85

  Section 1      Executive power and term of office      182, 399
  Section 2      Qualification, election and term        182
  Section 3      Election procedures                     182, 399
  Section 4      Commander in Chief                      182
  Section 5      Powers of the Governor                  182-83
  Section 6      Succession of executive power           183
  Section 7      Powers and duties of Lt. Governor       183
  Section 8      Appointment power                       183
  Section 9      Bill presentment and signing;           183-84
                   veto/objection
  Section 10     Disapproval of appropriations           184
  Section 11     Misconduct                              184
  Section 12     Other Executive Officers                184

  Section 13     Powers of other officers                184

Article V -      Judicial Department                     156-64, 194,
                                                         284
  Section 1      Judicial powers                         158
  Section 2      Powers of the Supreme Court             158-59
  Section 3      Writs of habeas corpus, mandamus,       159
                   etc.
  Section 4      Minimum number of terms                 159
  Section 5      Supreme Court composition               157, 159, 242
  Section 6      Expansion of Court                      159, 240-41,
                                                         242
  Section 7      Quorum and adjournment                  159
  Section 8      Term of office                          159, 398,
                                                         399-400
  Section 9      Presiding Judge                         159
  Section 10     Qualifications of office                159, 242
  Section 11     Judicial Districts                      159-60
  Section 12     Clerk and Reporter, publication of      160
                   decisions
  Section 13     Circuit court jurisdiction              160
  Section 14     Circuit Judges, election, term          160
  Section 15     Judicial Circuits                       160, 400
  Section 16     Modification of Circuits by             157-58, 160-
                   Legislature                           161, 192-242
  Section 17     Writs of error and appeals              161
  Section 18     County Judges, election, term           161
  Section 19     County Court jurisdiction, writs of
                   error, appeal                         161, 286, 400
  Section 20     Criminal jurisdiction                   161-62
  Section 21     Justices of the Peace                   162
  Section 22     Police Magistrate                       162
  Section 23     State's Attorney                        162
  Section 24     Qualifications of Judges                162
  Section 25     Elections and term of office            162, 291,
                                                         400, 431,
                                                         450-51
  Section 26     Time and terms of court                 162
  Section 27     Special terms                           163
  Section 28     Circuit Judges holding court in         163
                   other circuits
  Section 29     Salary and compensation                 163
  Section 30     Restrictions on acting as a lawyer      163
                   or counsel
  Section 31     Clerks of Court                         163, 279,
                                                         286, 292, 293

  Section 32     Terms of Court                          163
  Section 33     Uniformity of laws regarding the        163
                   courts
  Section 34     Restrictions on elective offices        163
  Section 35     Successorship, transition               163
  Section 36     Residency requirements, vacancy of      163-64, 291,
                   office                                293, 401
  Section 37     Process and prosecution in the name
                   of the State                          158, 164

Article VI -     Bill of Rights                          131-34, 144-
                                                         145
  Section 1      Inherent rights                         131
  Section 2      Due Process                             131
  Section 3      Freedom of Religion                     131-32
  Section 4      Peaceable assembly, right to            132
                   petition
  Section 5      Freedom of speech, press.               132
  Section 6      Jury trial, jury composition and        132
                   voting
  Section 7      Rights of accused                       132
  Section 8      Right to bail; habeas corpus            132
  Section 9      Self incrimination and double           132
                   jeopardy
  Section 10     Grand juries, indictment and            132
                   informations
  Section 11     Search and seizure, warrants            132-33
  Section 12     Ex-post facto laws, impairment of       133
                   contract obligations, privilege
                   or immunity
  Section 13     Eminent Domain; takings and just
                 compensation                            133
  Section 14     Resident aliens' property rights        133
  Section 15     Imprisonment for debt                   133
  Section 16     Military subordinate to civil power;    133
                   quartering of soldiers
  Section 17     Taxation without consent; uniformity    133
  Section 18     Equal privileges or immunities          133
  Section 19     Free and equal elections; right of
                   suffrage; soldier voting              133
  Section 20     Courts open; remedy for injury          133
  Section 21     Suspension of laws prohibited           133
  Section 22     Attainder by Legislature prohibited     133
  Section 23     Excessive bail or fines; cruel          133
                   punishments
  Section 24     Right to bear arms                      134
  Section 25     Treason                                 134
  Section 26     Inseverability from the Union and       134
                   the supremacy of the U.S.
                   Constitution
  Section 27     Maintenance of free government;         134
                   fundamental principles

Article VII -    Election and Right of Suffrage          141, 170-72

  Section 1      Voter Requirements                      171
  Section 2      Women's Suffrage                        171
  Section 3      Votes by ballot; numbering of           171
                   ballots
  Section 4      Biennial elections                      171, 427-28,
                                                         470
  Section 5      Elector privilege from arrest;          171
                   military duty
  Section 6      Loss of residence restriction;          171-72
                   Soldier voting
  Section 7      Soldier residency                       172
  Section 8      Persons disqualified to vote            172
  Section 9      Women's right to vote for school        170-72
                   purposes

Article VIII -   Education and School Lands              147, 250

  Title                                                  250, 256,
                                                         258-59
  Section 1      Uniform system of free public
                   schools (No mention)
  Section 2      Perpetual trust fund for maintenance
                   of public schools; principal          250
                   inviolate
  Section 3      Fund income apportioned among
                   schools; Apportionment of fines
                   (No mention)
  Section 4      Sale of school lands-Appraisal
                   (No mention)
  Section 5      Terms of sale of school lands           250, 256,
                                                         258, 259, 401
                                                         (mistaken
                                                         ID?)
  Section 6      Conduct of sales of school lands;
                 conveyance of right or title
                   (No mention)
  Section 7      Perpetual trust fund from proceeds      252, 255
                   of grants and gifts
  Section 8      Appraisal and sale of donated lands     250-59
  Section 9      Lease of school lands                   63, 147
                                                         (mistaken
                                                         ID), 259
  Section 10     Unknown subject (No mention)
  Section 11     Investment of permanent educational     63
                  funds
  Section 12     Unknown subject matter (No mention)
  Section 13     Unknown subject matter (No mention)
  Section 14     Unknown subject matter (No mention)

Article IX -     County and Township Organization        187-88

  Title                                                  187-88
  Section 1      County organization; new counties;
                   changes in boundaries (No mention)
  Section 2      Determination of county seat
                   (No mention)
  Section 3      Change of county seat (No mention)
  Section 4      Township organization (No mention)
  Section 5      Election of county officers             279, 293,
                                                         401, 427,
                                                         463, 468,
                                                         477-78
  Section 6      General law, duties and compensation    188
                   of county, township and district
                   officers
  Section 7      Qualifications of county, township
                   and district officer (No mention)

Article X -      Municipal Corporations                  134-35, 145

  Section 1      Legislature empowered to provide        134
                   municipal corporation laws,
                   restrict powers of corporations
  Section 2      Municipal corporation taxation          134-35
  Section 3      Consent required for streets,           135
                   railways, telegraph and telephone
                   lines

Article XI -     Revenue and Finance                     192, 270, 499

(This Article is not directly discussed, see Subject Matter Index)

  Section 1      Annual tax                              496

Article XII -    Public Accounts and Expenditures        126-27,
                                                         142-143
  Section 1      Use of treasury by appropriation        126
                   and warrant only
  Section 2      Appropriations                          126-27
  Section 3      Extra compensation, contractors and     127
                   public officers; payment of
                   claims; insurrection
  Section 4      Itemized statement of receipts and      127
                   expenditures

Article XIII -   Public Indebtedness                     495-531,

  535-36, 539

(The discussion of this Article is difficult to trace by Section.
Please refer to the Subject Matter Index)

Article XIV -    State Institutions                      141, 176-78

  Section 1      Charitable and penal institutions       64, 177
  Section 2      Government of charitable and penal      177
                   institutions
  Section 3      Board to govern state educational       177
                   institutions
  Section 4      Term limitation for governing boards    177-78
  Section 5      Mining and metallurgy to be taught      178

Article XV -     Militia                                 186-87

  Section 1      Composition of militia                  186
  Section 2      Legislative provisions for militia      186
  Section 3      Conformity to federal regulations       186
  Section 4      Commissions of officers of militia      186
  Section 5      Militia privileged from arrest          186
  Section 6      Safekeeping of military records and     186
                   relics
  Section 7      Conscientious objectors                 53, 186-87

Article XVI-     Impeachment and Removal from Office     76-77,
                                                         166-167, 170

  Section 1      Power of impeachment in house;          76, 166
                   majority required
  Section 2      Trial of impeachments; presiding        167
                   officer
  Section 3      Officers subject to impeachment;        76, 167
                   grounds; removal from office;
                   criminal prosecution
  Section 4      Removals of officers not subject to     167
                   impeachment
  Section 5      Suspension of duties between
                   impeachment and acquittal             167
  Section 6      Lieutenant governor not to try          167
                   Governor
  Section 7      Service of copy of impeachment          167
                   before trial required
  Section 8      Impeachment twice for same offense      167
                   prohibited

Article XVII -   Corporations                            128-31, 144

  Section 1      Special corporation laws prohibited     128
  Section 2      Invalidation of charters without        128
                   bona fide organization and
                   business.
  Section 3      Laws for benefit of corporation as      128-29
                   conditioned on compliance with
                   Constitutional provision
  Section 4      Corporations subject to eminent         129
                   domain; Police power
  Section 5      Casting of votes for directors or       129
                   managers; cumulative voting
  Section 6      Place of business and authorized        129
                   agent required of foreign
                   corporation
  Section 7      Business to be expressed in             129
                   charter; real estate restricted
  Section 8      Stocks and bonds-Indebtedness           129
                   increase
  Section 9      Legislature's power to alter,           129
                   revise, or annul corporate
                   charters; creation, renewal,
                   or extension
  Section 10     Local consent required for grant of     129
                   street railroad
  Section 11     Construction and maintenance of         129-30
                   telegraph lines; Controlling
                   interest in competing company
                   prohibited
  Section 12     Railroad corporations                   130
  Section 13     Movable property of railroad
                   corporation considered personality;   130
                   execution and sale
  Section 14     Consolidation of railroad lines;
                   forfeiture of charter for evasion     130
                   of provisions
  Section 15     Railways and rail companies declared    130
                   public highways and common
                   carriers; regulation of rates
  Section 16     Right to construct and operate          130-31
                   railroad; Passengers, tonnage,
                   and cars
  Section 17     Rate discrimination prevention          131
  Section 18     Compensation for private property       131
                   taken for public use
  Section 19     Corporations defined                    131

Article XVIII -  Banking and Currency                    179

  Section 1      General banking law; provisions         179
                   required
  Section 2      Bank to cease operations within         179, 180
                   twenty years of organization;
                   reorganization
  Section 3      Liability of banking corporation        179
                   shareholders and stockholders

Article XIX -    Congressional and Legislative

                 Apportionment                           246-48

Article XX -     Seat of Government (No discussion)      260

Article XXI -    Miscellaneous

  Section 1      Seal and Motto                          111, 141,
                                                         180-81
  Section 2      Salary of constitutional officers       125-26, 142,
                   (Compensation of Public Officers)     152-53
  Section 3      Oath of Office                          181
  Section 4      Exemptions                              178-79

Article XXII -   Compact with the United States

                 [Federal Relations]                     103-04, 141,
                 (Also referred to as Article XXVII      172-74, 245-
                   in text)                              246, 271-72,
                 (Also Schedule and Ordinance,           395
                   Art. XXVI Sec. 18)

Article XXIII -  Amendments and Revision of the
                 Constitution                            116, 127-28,
                                                         143-44
  Section 1      Amendments                              127-28
  Section 2      Revision                                128, 143-44

Article XXIV -   Prohibition                             58, 192, 269-
                                                         270, 353

Article XXV -    Minority Representation                 192, 269

Article XXVI -   Schedule and Ordinance                  273

  Section 1      Continuation of prior writs,            276
                   actions, claims, and bodies
                   corporate; Validation of
                    previously issued process
                   (No discussion)
  Section 2      Fines, forfeitures, and escheats of     276
                   territory to accrue to state.
                   (No discussion)
  Section 3      Recognizances, bonds, obligations       276-77
                   and undertakings; criminal
                   prosecutions and penal actions.
  Section 4      Civil and Military Officers             277, 469-70
  Section 5      Election of Constitution and state      277-96,
                   officers; ballots (Discussion         401 (?)
                   primarily regarding Clerk
                   of Courts election)
  Section 6      Election for temporary seat of          296
                   government
  Section 7      Conduct of election (adopted)           274, 276,
                                                         297-371,
                                                         372, 423-24,
                                                         428-40, 449,
                                                         494-95
                 Mr. Peck's Alternative Section 7        274-76,
                 (not adopted)                           297-370
                   Reprinted                             297-300,
                                                         327-30,
                                                         367-370
                   Subsection 2                          302
                   Subsection 3                          302
                   Subsection 11                         306
                   Subsection 14                         306
                   Subsection 16                         307-08
  Section 8      Election returns                        389-90
  Section 9      Canvass of vote; Filing with county     390
                   clerks or auditors.
  Section 10     Certification of senator or
                    representative from multi-county     390-91
                   district
  Section 11     Delivery of returns to proper state     391-92
                   officer; Certification to
                   President; Proclamation of
                   election result; List of elected
                   officers; Certificates of election
  Section 12     Apportionment of state Legislature;     392
                   Number of senators and
                   representatives initially elected
  Section 13     First assembly of Legislature;          392
                   Oaths of office
  Section 14     Election of two United States           392-93
                   senators
  Section 15     Adjournment after election of           393
                   senators; Next meeting
  Section 16     Legislature and officers to exercise    393
                   necessary and authorized powers
                   only pending admission of state
                   into union
  Section 17     Validity of ordinances and Schedule     393-94
  Section 18     Freedom of religion; Public lands;      104, 172-74,
                   Indian lands; Uniformity of           245-46,
                   taxation; Territorial debt; Public    394-396
                   schools; Federal reservations;
                   irrevocability (See Art. XXII)
  Section 19     Tenure of elected officers              371, 372-
                   (Mis-labeled on page 396) (This       375, 396-
                   section and Sec. 20 are discussed     405, 423,
                   generally on pages 405-54; 462-88)    431-32, 453-
                                                         454, 462-66,
                                                         468-69, 487-
                                                         488
  Section 20     Time of general election (Discussed
                   with Section 19, pages 405-54;        405-06, 435,
                   462-88)                               454, 462-66,
                                                         468-88
  Section 21     Form of Ballot                          406-07
  Section 22     Enrollment of Constitution; Delivery    407
                   to secretary of state; Inclusion
                   in state laws; Copy to President
                   of United States
  Section 23     Agreement by joint commission           493-94
                   concerning Territorial records,
                   books and archives
  Section 24     First legislature (Not in final         449
                   version of Constitution)

                 Subject Matter Index

Administration/Administrative Committee--See Executive
  and Administrative
Agriculture--See Manufactures and Agriculture            116, 127-28,
  Amendment and Revision of the Constitution             143-44, 145
  Ease of Constitutional amendment                       497
Apportionment--See Legislative Apportionment
Appropriations--See Public Accounts and Expenditures
Appropriation of funds for the coming election           115, 120
Auditors                                                 64
Banking and Currency                                     179-80
Bill of Rights (Limited Discussion)                      131-34,
                                                         144-145
Bonds
  Bonds executed outside of South Dakota                 276-77
  Territorial debt bonds                                 495-527,
                                                         535-36
  Negotiability of bonds                                 523
Boundaries-See Name, Boundary and Seat of Government     252-54, 255,
  Capitol                                                497
Census                                                   229
Chief Clerk synonymous with "Secretary"                  260
Clerks of Court                                          160, 163,
                                                         279, 286,
                                                         292, 293
  Election of Clerks of Court after Statehood            58, 244, 249-
                                                         250, 277-95
  Minority Reply                                         265-66
Compact with the United States--See also Schedule and
  Ordinance, Sec. 18                                     104, 172-74,
                                                         245-46, 394-
                                                         396
Compensation of Public Officers                          125-26, 142,
                                                         152-53
Compiled Laws (of the Territory)                         471-72
Constitution, 1885--Sioux Falls Constitution
  Controlling power over the 1889 Convention             71-73, 240-
                                                         241, 429-30,
                                                         475
Constitution, United States                              343-44
Constitutional Convention
  Legislative Authorization--See Omnibus Bill
  Closing statements (Mr. Jolley and the                 540-43
    President Edgerton)
  Purposes and Powers of the 1889 Convention             65-76, 79-
                                                         84, 92, 100-
                                                         103, 168-70,
                                                         240-41, 248-
                                                         249, 256-59,
                                                         277-95, 305-
                                                         306, 310,
                                                         313, 316-17,
                                                         321, 323-24,
                                                         335-36,
                                                         343-44, 360,

                                                         402, 445-46,
                                                         471, 480,
                                                         510, 518
Corporations other than Banking and Municipal            128-31, 144
  (Limited Discussion)
County and Township Organization                         151, 187-88
  Article IX
    Election of county officers                          279, 293,
                                                         401, 427,
                                                         463, 468,
                                                         477-78
    General law, duties and compensation of county,
      township and district officers                     188
County Officers                                          279, 293,
                                                         401, 427,
                                                         463, 468,
                                                         477-78
Debt--See State, County and Municipal Indebtedness       283-85
  District Courts
Division of Powers of Government                         68-69, 283-
                                                         284, 384-88
                                                         (Pages
                                                         missing)
Education and School Lands                               141, 250-60
  Appraisal and sale of donated lands                    250-59
  Lease of school lands                                  63, 147
                                                         (mistaken
                                                         ID?) 259
  Investment of permanent educational funds              63
  Mineral Rights of School Lands                         56, 87-98,
                                                         107-09
    Reply from Asst. Secretary of Interior               420
  Perpetual trust fund for maintenance of public
    schools; principal inviolate                         250
  Perpetual trust fund from proceeds of grants           252, 255
    and gifts
  Terms of sale of school lands                          250, 256,
                                                         258, 259,
                                                         401 (mistaken
                                                         ID?)
  Title changes                                          250, 256,
                                                         258-59
Elections, Voting and Right of Suffrage--See also

  Women' s Suffrage                                      141, 171-72,
                                                         427-28, 470
  "Australian system of voting"                          192, 269,
                                                         274, 297-
                                                         300, 312,
                                                         317, 324-25,
                                                         326, 366
  Ballot box reform--"Legal votes", Rejected votes;
    See also Schedule--Mr. Peck' s Amendment.            307-09, 311-
                                                         313, 317-27,
                                                         330-34, 344-
                                                         345, 348,
                                                         356-58
  Change in location of polling place                    317-18
  Campaigning at polling place                           321
  "General election"                                     429-30, 434-
                                                         439, 441,
                                                         448, 470,
                                                         471-72, 477,
                                                         483, 485
  "Honest vote" separate officer's elections from        104-05
    Constitutional & Capitol
  Post notice and failure to post notice                 478-79
  Vote buying and other fraud                            331, 363,
                                                         364-65
  Wisconsin understanding of transitional elections      452
Enabling Act (Primary references)                        71, 75, 82-
                                                         84, 86, 101-
                                                         103, 122-23,
                                                         251-52, 259,
                                                         310, 316,
                                                         323-24, 333-
                                                         335, 345,
                                                         353, 355-
                                                         356, 394,
                                                         395, 433
  Ability of Convention to accept grants made in         123-24
    Enabling Act
    Reply by Committee, referred to Amendments and       145-46
      Revision of Constitution
Endowments of public buildings                           254
Errors in the text of documents from this era            85-86
Executive and Administrative (Limited Discussion)        116, 181-85,
                                                         399
Exemptions, Real and Personal (Debtor's exemptions)      178-79
Expenses of this Convention                              545, 547-49
  Mileage                                                545, 547
Equal Footing                                            473, 477, 478
Federal Relations
  Article XXII (1885 version struck and replaced)        141, 172-74
  Ordinance re: "Religious Toleration, Public Lands,     103-04, 141,
  Taxation of Lands, Debts of the Territory of Dakota    172-74,
    and Public Schools" (Referred to Committee on        245-246, 395
    Schedule and Ordinance)
Foreign Precedents, laws, etc.                           317, 322,
                                                         326, 366
"General election"                                       429-30, 434-
                                                         439,441, 448,
                                                         470, 471-72,
                                                         477, 483, 485
Geological and Hydographic Survey                        61-62, 174-
                                                         176
Impeachment and Removal from Office                      76, 77, 166-
  (Limited discussion)                                   167, 170
Implied Powers                                           356
Irrigation                                               176, 419-20,
                                                         422, 461,
                                                         466-67
Joint Commission Report, See Territorial                 455-61, 488-
  Property Division                                      491, 493-94
Judiciary
  Article V (Report)                                     156, 157-64,
                                                         284
  Circuit Courts
    Holding court in other circuits                      163
    Jurisdiction                                         160
    Circuit Judges, election, term                       160, 400
    Judicial Circuits                                    157-58, 160-
                                                         161, 194-242
  Modification of Circuits by Legislature                161
  Writs of error and appeals                             161
County Courts
  County Judges, election, term                          161, 286, 400
  County Court jurisdiction, writs of error, appeal      161
  Criminal jurisdiction                                  161-62
  Elections                                              160, 161,
                                                         162, 286,
                                                         291, 400,
                                                         431, 450-51
  Judicial Circuits                                      157-58, 160-
                                                         161, 194-242
  Judicial Districts                                     159-60
  Judicial Powers                                        158
    Powers of the Supreme Court                          158-59
  Justices of the Peace                                  162
  Police Magistrate                                      162
  Qualifications of Judges                               162
  Residency requirements, vacancy of office              163-64, 291,
                                                         293, 401
  Restrictions on acting as a lawyer or counsel          163
  Restrictions on elective offices                       163
  Salary and compensation                                163
  State's Attorney                                       162
  Successorship, transition
  Supreme Court
    Composition                                          157, 159, 242
    Expansion of Supreme Court                           159, 240-41,
                                                         242
    Legal opinions requested by the Governor             160
    Minimum number of terms (Location and sessions)      159
    Powers of the Supreme Court                          158-59
    Presiding Judge                                      159
    Publication of decisions                             160
    Qualifications of office, Supreme Court              159, 242
    Quorum and adjournment                               159
    Term of office                                       159, 398,
                                                         399-400
  Terms of court                                         162
    Special terms                                        163
  Uniformity of laws regarding the courts                159
    Writs of habeas corpus, mandamus, etc.
Language -Printing the Constitution in multiple          243-44,
  languages. (German, Scandinavian, Bohemian             267-268
  and English)

Legal Reasoning and lawyers
  Delegate of another profession's view of legal         346-48
    reasoning
  A lawyer's view                                        358
Legislative (No direct discussion of this section
in the text)
  Article III                                            270-71
    Section 2 (Discussion of size of Legislature)        240, 345-46,
    Section 3 (Discussion of age qualification)          64
    Term of office (Primarily the 1st SD Legislature)    397-99
  Constitution as limitation on Legislature              508, 518-19
  Limitations of Legislative power                       518-19
  Stars in the State House                               544
Legislative and Congressional Apportionment
  Article XIX (Report)                                   246-48
Long's Legislative Manual                                44, 45-46
Manufactures and Agriculture
  Report (Unknown subject matter, even by                141, 185-86
  the delegates)
Married Women, Rights of (Committee)
  Article XXI, Section 5 (Report)                        121, 135-37
Military Affairs
  Article XV (Limited discussion)                        141, 186-187
  Conscientious Objectors                                53, 187
  Jurisdiction on Military Reservations
  (Ft. Meade, Randall and Sully)                         394-96
Mineral Rights                                           56, 87-98,
                                                         107-09, 420
Minority Representation                                  192, 269
Montana
  Letter of Greeting                                     28
Motto--See Seal of State, Coat of Arms and Design        134-35, 145
  of Same Municipal Corporations (Limited discussion)
Municipal and State Indebtedness--See State, County
  and Municipal Indebtedness
Name, Boundary and Seat of Government (Report)           156, 165-66,
                                                         260
  Northern boundary                                      25-26, 32-
                                                         33, 152, 266-
                                                         267
  Seat of Government                                     260
Native Americans or Reservations                         104, 173-74,
                                                         395
North Dakota--See also Territorial Property Division
  Letter of greeting                                     14

Oath of Office                                           181
Omnibus Bill (Primary references; text no in Journal)    8-9, 20-21,
                                                         67, 70, 75,
                                                         76, 79-84,
                                                         92, 100-03,
                                                         135-36, 172-
                                                         173, 180,
                                                         239-40, 248-
                                                         249, 251-59,
                                                         278, 310,
                                                         339-40, 344-
                                                         345, 375,
                                                         401-02, 429,
                                                         431-36, 443,
                                                         459, 464,
                                                         471, 473,
                                                         496, 497,
                                                         499, 510, 511
  Congressional intent                                   344-45, 346-
                                                         347
  Relating to public lands, school lands and sale        248-49, 251-
                                                         256
  Section 3 (Text on page 402 - 03)                      315, 323,
                                                         402-03
  Sections 5 & 6                                         489-90
  Section 8                                              305-06, 432-
                                                         433470
  Section 9                                              278, 281,
                                                         288, 294-95
  Section 11                                             257
  Section 12                                             255
  Section 17                                             251-52, 253,
                                                         255-56
  Section 24                                             279, 294-95,
                                                         314, 315, 432
Plenary Power                                            343-44
"Political Code"  (Territorial law?)                     471-72
  Repealed
Prayer, Daily transcripts                                3, 28, 43, 51,
                                                         61, 87, 107,
                                                         111, 112,
                                                         115, 119,
                                                         125, 139,
                                                         149, 151,
                                                         155, 191,
                                                         243, 265,
                                                         377, 379,
                                                         383, 418, 535
Preamble                                                 67-68, 71,
                                                         384
Press                                                    54
Prohibition -Article XXIV                                58, 192, 269-
                                                         270, 353
Public Accounts and Expenditures (Limited discussion)    126-27, 142-
                                                         143
Public Buildings--See State Institutions and Public      104, 251-60
  Buildings Public Lands
Public Schools--See also Education and School Lands.     104, 396
Published laws
  Prima facie evidence of the law   as it is             471-72
Quorum                                                   63
Religion                                                 103-04, 395
  Sabbath Observance                                     155-56, 248-
                                                         249
Revenue and Finance                                      192, 270
  Article XI (No direct discussion of Article in text)   499
    Section 1                                            496
  Estimated cost of government in 1889                   498, 501
  Revenue in general                                     498-502
Rules of the Convention
  First Report, concerning delegation to Bismarck        20, 30-32
  Second Report                                          33-36
    Number of delegates to request a roll call           34-35
  Third Report--Rule 33 and 45 (Delegate leave           62
    of absence)
  Two-thirds majority voting, Quorum                     63
  Fourth Report--Rule 46 (Expenses), 47 (Per Diem)       192-93
  Proposals
    Rule 33-No debate before assignment of a             56
      section to committee
Schedule and Ordinance--See Article Index
Seal of State, Coat of Arms, and Design of Same
  (Limited Discussion)                                   141, 180-81
  Alternate Seal proposed                                111
Seating (At the convention)                              15-16, 19, 58
Signing
  Late signing of 1885 Constitution by delegates         121-22
  Reply by Judiciary Committee                           146-47
State, County    and Municipal Indebtedness
  Article XIII -                                         495-531
  Section 2                                              505, 506-07,
                                                         509, 513,
                                                         515, 527,
                                                         528-31, 539
  Section 3                                              506, 515,
                                                         527, 528-31
  Section 5      (Struck?)                               503-05, 506,
                                                         512-13
  Section 8      (Unidentified Article of                535-36
                   Constitution, appears to be
                   Indebtedness) (Concerning
                   Territorial Treasurer and bonds)
  Convention of 1885 intent re: indebtedness             500-01, 514
  Forms of debt                                          516-17
  Indebtedness assumed by the state from the Territory   57, 491,
                                                         495-530
    Repayment of bonds and debt                          512, 515-28
    See also Territorial Property Division; Schedule,
      Joint Commission Report
  Refunding bonds                                        520-21,
                                                         525-526
  State debt in general--See also Revenue and Finance    57, 495-528
    Changing state debt limits                           496-97,
                                                         499-500
    Debt limits of other states                          502, 517
    Intent of debt                                       507-08, 510
State Institutions and Public Buildings                  64, 141,
(Limited discussion)                                     176-178
  Information sent to delegates re: penal systems        189
  Omnibus Bill land grant for public institutions        251-52,
                                                         255-259
  Taxation, debt for public buildings                    497
State Officers
  Definition                                             281-83,
                                                         285-287
Statehood
  When statehood begins                                  473-75, 477,
                                                         478
Taxation--See also State, County and Municipal
  Indebtedness; Revenue and Finance.                     104, 395-96
Territorial Library                                      49, 53, 490,
                                                         543
Territorial Property Division
  Discussion of delegation sent to Bismarck              20-25, 29-
                                                         31, 40-41,
                                                         44, 45, 53-54
  Joint Commission Report (after return from
  North Dakota)                                          8-9, 407-17,
                                                         455-61,
                                                         488-491, 497
    Part B assigned to State, County and Municipal
      Indebtedness Committee                             491
    Books, records and Archives                          491, 493-94,
                                                         543
  Purpose of delegation                                  20-21
"Townsite Law"                                           94
Universities
  University of South Dakota                             252
    "Catalogues"                                         188
  School of Mines                                        252
"Vacancy" of office                                      290-91, 293
Voting--See Elections, Voting and Right of Suffrage
Washington (State)
  Letter of greeting                                     14
Women's Suffrage or "Minority Representation"            170-72, 192,
                                                         269, 345-46


(1.) Poppen v. Walker, 520 N.W.2d 238, 242 (S.D. 1994) (citing Cummings v. Mickelson, 495 N.W.2d 493, 507 (S.D. 1993) (Henderson, J., concurring in part, dissenting in part)).

(2.) State v. Opperman, 247 N.W.2d 673, 674-75 (S.D. 1976).

(3.) Green v. Siegel, Barnett & Schutz, 1996 SD 146, [paragraph] 32 n.11, 557 N.W.2d 396, 405 n.11 (quoting Missouri, Kan & Tex Ry. v. May, 194 U.S. 267, 268 (1904)).

(4.) Doe v. Nelson, 2004 SD 62, [paragraph] 10, 680 N.W.2d 302, 305-06 (citing Pitts v. Larson, 2001 SD 151, [paragraph] 24, 638 N.W.2d 254, 260 (Gilbertson, C.J., dissenting)); Poppen, 520 N.W.2d at 242; Cummings, 495 N.W.2d at 499.

(5.) GEORGE W. KINGSBURY, HISTORY OF DAKOTA TERRITORY: SOUTH DAKOTA-ITS HISTORY AND ITS PEOPLE (George Martin Smith, ed., S.J. Clarke Publ. Co., 5 vols., 1915).

(6.) Id. at Vol. II, 1669-718; XXI SOUTH DAKOTA HISTORICAL COLLECTIONS 291-469 (State Historical Society 1942). There are minor differences between the two texts.

(7.) 1 Constitutional Debates of South Dakota 54 (1907) (documenting the proceedings of the Dakota Constitutional Convention of 1885).

(8.) See In re Opinion of the Judges, 246 N.W. 295, 295 (1933); Schomer v. Scott, 274 N.W. 556, 562-63 (1937); Green, 1996 SD 146, [paragraph] 17 n.8, 557 N.W.2d at 401 n.8.

(9.) Gilbert v. Flandreau Santee Sioux Tribe, 2006 SD 109, [paragraph] 19, 725 N.W.2d 249, 257.

(10.) See SOUTH DAKOTA HISTORICAL COLLECTIONS, supra note 6, at 471-513, for a Journal of that Convention.

(11.) KINGSBURY, supra note 5, Vol. II, 1842-43.

(12.) 80 N.W. 137, 138 (1899).

(13.) Id.

(14.) In re Opinion of the Judges, 246 N.W. 295, 295 (1933); Schomer v. Scott, 274 N.W. 556, 562-63 (1937); State ex. rel Oster v. Jorgenson, 136 N.W.2d 870, 880 (1965) (Biegelmeier, J., concurring in part, dissenting in part).

(15.) 1907 S.D. Sess. Laws ch. 98 [section] 1.

(16.) The proceedings of the 1885 Convention run 668 pages. The proceedings of the 1889 Convention run 550 pages. Given these lengths, trying to research a subject such as "due process" becomes an exercise of looking for the proverbial "needle in a haystack."

(17.) Id.

(18.) Gilbert v. Flandreau Santee Sioux Tribe, 2006 SD 109, [paragraph] 20 n.5, 725 N.W.2d 249, 257 n.5.

(19.) Doe v. Nelson, 2004 SD 62, [paragraph] 12, 680 N.W.2d 302, 307 (quoting Poppen v. Walker, 520 N.W.2d 238, 242 (S.D. 1994)).

(20.) State v. Schwartz, 2004 SD 123, [paragraph] 48, 689 N.W.2d 430, 442.

(21.) McDonald v. School Bd. of Yankton, 246 N.W.2d 93, 97 (1976).

(22.) Benson v. State, 2006 SD 8, [paragraph] 41 n.4, 710 N.W.2d 131, 146 n.4.

(23.) Pitts v. Larson, 2001 SD 151, [paragraph][paragraph] 25-26, 638 N.W.2d 254, 260-61 (Gilbertson, C.J., dissenting).

(24.) See Brendtro v. Nelson, 2006 SD 71, [paragraph] [paragraph] 21-24, 720 N.W.2d 670, 677-78 (discussing the history of initiative and referendum in South Dakota).

(25.) Wegleitner v. Sattler, 1998 SD 88, [paragraph] 11 n.3, 582 N.W.2d 688, 692 n.3.

(26.) Green v. Siegel, Barnett & Schutz, 1996 SD 146, [paragraph] 19 n.10, 557 N.W.2d 396, 402 n.10.

(27.) McDonald v. School Bd. of Yankton, 246 N.W.2d 93, 97 (1976). See also Pitts, 2001 SD 151, [paragraph] 26 n.6, 638 N.W.2d at 260 n.6 (Gilbertson, C.J., dissenting).

(28.) See ROSS H. OVIATT, SOUTH DAKOTA JUSTICE-THE JUDGES AND THE SYSTEM 1-3 (1989).

CHIEF JUSTICE DAVID GILBERTSON ([dagger])

DAVID S. BARARI ([dagger][dagger])

([dagger]) J.D., University of South Dakota, 1975. Currently Chief Justice, Supreme Court of South Dakota. The views expressed herein are those of the author and not of the Supreme Court of South Dakota.

([dagger][dagger]) J.D. Candidate, 2008, University of South Dakota School of Law; M.P.A. Candidate, 2008 University of South Dakota; B.F.A., 1999, University of South Dakota, Vermillion, South Dakota. Special thanks to Assad and Rachel Barari, Zhaleh and Michael Buck, and Dean Barry Vickrey for their support.
COPYRIGHT 2008 South Dakota Law Review
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2008 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Author:Gilbertson, David; Barari, David S.
Publication:South Dakota Law Review
Date:Jun 22, 2008
Words:17305
Previous Article:Tribal incorporation of First Amendment norms: a case study of the Indian tribes of South Dakota.
Next Article:"The organic law of a great commonwealth": the framing of the South Dakota constitution.
Topics:

Terms of use | Privacy policy | Copyright © 2021 Farlex, Inc. | Feedback | For webmasters