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  1. Overview: South Dakota State Constitutional Convention 1889
  2. Full Record: South Dakota State Constitutional Convention 1889
  3. Committee:The Convention
  4. Session: 1889-07-26 14:00:00
  5. Event type: CREATE

South Dakota State Constitutional Convention 1889

Following the rejected 'Sioux Falls' Convention of 1885, the South Dakota Convention met and began the drafting process in July of 1889. They used the articles of the Sioux Falls Convention as starting propositions to begin the amendment process. The South Dakota Constitution was ratified in October 1889.

The Convention

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Document introduced in:

Session 16277: 1889-07-26 14:00:00

The Schedule and Ordinance were brought up for discussion and amended.

Document View:

Schedule and Ordinance (as Amended by the Convention)

(Showing state at moment e955643)
There are 2 proposed amendments related to this document on which decisions have not been taken.

SCHEDULE AND ORDINANCE

SECTION 1. That no inconvenience may arise from the change of the Territorial government to the permanent State government, it is hereby declared that all writs, actions, prosecutions, claims and rights of individuals, and all bodies corporate, shall continue as if no change had taken place in this government; and all process which may be before the organization of the Judicial Department under this Constitution, issued under the authority of the Territory of Dakota, within the boundary of this State, shall be as valid as if issued in the name of the State of South Dakota.

SEC. 2. That all fines, penalties, forfeitures, and escheats accruing to the Territory of Dakota, within the boundary of the State of South Dakota, shall accrue to the use of said State.

SEC. 3. That all recognizances, bonds, obligations or other undertakings, heretofore taken, or which may be taken before the organization of the Judicial Department under this Constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of the State of South Dakota; and all bonds, obligations or other undertakings, executed to this Territory, within the boundaries of the State of South Dakota, or to any officer therein in his official capacity, shall pass over to the proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for, and recovered accordingly.

All criminal prosecutions and penal actions, which have arisen, or which may arise before the organization of the Judicial Department, under this Constitution, and which shall then be pending, may be prosecuted to judgment, and executed in the name of the State.

SEC. 4. All officers, civil and military, now holding their offices and appointments in this Territory under the authority of the United States, or under the authority of the Territory of Dakota, shall continue to hold and exercise their respective offices and appointments until superseded under this Constitution.

Provided; That the provisions of the above sections shall be subject to the provisions of the act of Congress providing for the admission of the State of South Dakota, approved by the President of the United States, on February 22, 1889.

SEC. 5. This Constitution shall be submitted for adoption or rejection, to a vote of the electors, qualified by the laws of this Territory to vote at all elections, at the election to be held on Tuesday, October 1, 1889.

At the said election, the ballots shall be in the following form:

For the Constitution: Yes. No.

For Prohibition: Yes. No.

For Minority Representation: Yes. No.

As a heading to each of said ballots shall be printed on each ballot the following instructions to voters:

All persons desiring to vote for the Constitution, or for any of the articles submitted to a separate vote, must erase the word “No.”

All persons who desire to vote against the Constitution, or against any article submitted separately must erase the word “Yes.”

Any person may have printed or written on his ballot only the words, “For the Constitution ” or “Against the Constitution,” and such ballots shall be counted for or against the Constitution accordingly. The same provision shall apply to articles submitted separately.

In addition to the foregoing election for the Constitution, and for the article submitted by this Convention for a separate vote thereon, an election shall be held at the same time and places, by the said qualified electors, for the following State officers, to be voted for on the same ballot as above provided, for votes on the Constitution and separate articles, to-wit:

A Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Public Instruction, Commissioner of School and Public Lands, Judges of the Supreme, circuit and county courts, Representatives in Congress, State Senators, and Representatives in the Legislature.

All the elections above provided for shall be held in the same manner and form as provided, for the election for the adoption or rejection of the Constitution. And the names of all officers above specified to be voted for at such election, shall be written or printed upon the same ballots as the vote for or against the Constitution.

The judges of election in counting the ballots voted at such election, shall count all the affirmative ballots upon the Constitution as votes for the Constitution: and they shall count all the negative ballots voted at said election upon the Constitution, as votes against the Constitution; and ballots voted at said election upon which neither of said words, “yes” or “no” following the words “for the Constitution” are erased, shall not be counted upon such proposition. And they shall count all affirmative ballots so voted upon the article on prohibition, separately submitted, as votes for such article. And they shall count all negative ballots so voted upon such article, as votes against such article.

And ballots upon which neither the words “yes” or “no” following the words ‘‘For Prohibition” are erased, shall not be counted upon such proposition. And they shall count all the affirmative ballots so voted upon the article on minority representation, separately submitted, as votes for such article. And they shall count all negative ballots so voted upon such article, as votes against such article. And ballots upon which neither of said words, “yes” or “no,” following the words “For minority representation” are erased, shall not be counted upon such proposition.

If it shall appear in accordance with the returns hereinafter provided for, that a majority of the votes polled at such election, for and against the Constitution, are for the Constitution, then this Constitution shall be the Constitution of the State of South Dakota. If it shall appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against “prohibition” are for prohibition, then said Article XXIV shall be and form a part of this Constitution, and be in full force and effect as such from the date of said election. But if a majority of said votes shall appear, according to said returns, to be against prohibition, then Article XXIV shall be null and void and shall not be a part of this Constitution.

And if it shall appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against minority representation, are for minority representation, then Article XXV shall be and form a part of said Constitution, and be in full force and effect as such from the date of said election. But if a majority of said votes shall appear, according to said returns, to be against minority representation, then said Article XXV shall be null and void and shall not be a part of this Constitution.

At such election the person voted for, for any one of the offices to be filled at such election, who shall receive the highest number of votes cast at said election, shall be declared elected to said office.

SEC. 6. At the same time and places of election, there shall be held by said qualified electors an election for the place of temporary seat of government.

On each ballot, and on the same ballot, on which are the matters voted for or against, as hereinbefore provided, shall be written or printed the words, “For temporary seat of government.”

(Here insert the name of the city, town or place to be voted for.)

And upon the canvass and return of the vote, made and as hereinafter provided for, the name of the city, town or place, which shall have received the largest number of votes for said temporary seat of government, shall be declared by the Governor, Chief Justice and Secretary of the Territory of Dakota, or by any two of them at the same time that they shall canvass the vote for or against the Constitution, together with the whole number of votes cast for each city, town or place, and the officers, above named, shall immediately after the result of said election shall have been ascertained, issue a proclamation directing the Legislature elected at said election, to assemble at the said city, town, or place so selected, on the day fixed by this Schedule and Ordinance.

SEC. 7.

SEC. 8.

SEC. 9.

SEC. 10.

SEC. 11.

SEC. 12.

SEC. 13.

SEC. 14.

SEC. 15.

SEC. 16.

SEC. 17.

SEC. 18.

SEC. 19.

SEC. 20.

SEC. 21.

SEC. 22.

Decisions yet to be taken

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