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. Colorado

TO PROVIDE A TEMPORABY GOVERNMENT FOR THE TER

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jim?,.,.'. Be it enacted by the Senate and House of Representatives Territory of of the United States of America in Congress assembled, coload That all that part of the territory of the United States 177 1 included within the following limits, viz: cominencing Boundaries. I on the thirty-seventh parallel of north latitude, where it,"1! the twenty-fifth meridian of longitude west from Wash-uai siiss ington crosses thér i same;!; thence north on' said it was! meridian to the forty-first parallel of north latitude ; si viba't i thence along said parallel west to the thirty-second goiasis meridian of longitude west from Washington; thence {J." !! south on said meridian to the northern line of New iniii Mexico; thence along the thirty-seventh parallel of ..1 north latitude to the place of beginning, be' and the ;;!;", same is hereby erected intota temporary governments p 1911 by the name of the Territory of Colorado: Provided, Indian That nothing in this aet contained shall be construed rights pres, i to impair the rights of person or property now per- tyri taining to the Indians in said Territory, sb: long as is bas such rights shall remain un'extinguished by treatyti 11.9 prill between the United States and such Indians, or tor. .. :-) include any territory which, by treaty with any Indiail ;i in blu tribe, is not, without the consent ofisaid tribe, to be

i n included within the territorial limits or jurisdiction of 10, 1 any State or Territoryi; but allt súch territory shall be into excepted out of the boundaries and constitute no part ritory exof the Territory of Colorado until said tribe shall siguiente, "!;) nify their assent to the President of the United States llis's was to be included within the said Territory, or to affect 12 V , 1 the authority of the Government of the United States ," " ! to make any regulations respecting such Indians, their i roshan b lands, property, or other rigbts, by treaty, jar, ora-dam otherwise, which it would have been competent for .?.

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the Government to make if this act had never passed; Torritory Provided further, That nothing in this act contained divided. shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in snch manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to, any other Territory, or State, SEC. 2, And be it further enacted, That the executive Appoint..

ment, torn, power and authority in and over said Territory of Col- powers and orado shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by : Ti! the President of the United States. The Governor shall reside within said Territory, shall be commanderin-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of I.. Indian affairs, and shall approve all laws passed by the legislative assembly, before they shall take effect, he } may grant pardons for offenses against the laws of said Territory, and reprieves for ofteagos against the . laws of the United States, until the decision of the President can be made known thereon ; he sball com: mission all officers who shall be appointed to office under the laws of said Territory, and shall take care o 1%!! that the laws be faithfully executed. ill ..!! Bedrotary of

Sec. 3. And be it further enacted, That there shall be Torritory a Secretary of the said Territory, who shall reside therein, and hold his office for four years," uplese i s in sooner removed by the President of the United States;tin. he shall record and preserve all the laws and proceediti il 150 ings of the legislative assembly hereinafter constituted, F lin and all the aots and proceedings of the Governor, iniisi, his executive department; he shall transmit one copy : !!!," of the laws and one copy of the executive proceedings, on or before the first day of December in each year, 7.'?, to the President of the United States, and at the same: 1. * time two copies of the laws, tol the Speaker of the i sloni House of Representatives and the President of the When to Senate for the use of Congress. And in dase of the user torgot, death, removal, or resignations or other necessary';T 9110 absence of the Governor from the Territory, the Secoli, in retary shall have, and he is hereby authorized and i vitit required to execute and perform all the powers and is ' duties of the Goverbor during such vacanoý or necess's!! sary absence, or until another Governor shall be duly ! appointed to fill onchi vacancy, i bilen i sioni visivi in

ORGANIC ACT.

33

House of
Representa-

ment.

ŞEÇ. 4. And be it further enacted, That the legislative Legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist Counoil. of nine members, which may be increased to thirteen,.. having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of thirteen members, which may be increased to twenty- tives. six, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. An apportionment shall be Apportionmade, as nearly equal as practicable, among the several counties or districts for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population (Indians excepted) as nearly as may be ; and the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district for which they may be elected, respectively. Previous to the first election, the Governor Census, shall cause a census or enumeration of the inbabitants of the several counties and districts of the Territory to be taken ; and the first election shall be held at such Elections, time and places and be conducted in such manner as the Governor shall appoint and direct: and he shali at the same time, declare the number of the members of the Council and House of Representatives to which each of the counties or districts shall be entitled to under this act. The number of persons authorized to be elected, having the highest number of votes in each of said Council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council;, and the person or persons authorized to be elected having the greatest number of votes for the House of Representatives, equal to the number to which each county or district shall be entitled, shall be declared by the Governor to be elected members of the House of Representatives: Provided, That in Proviso case of a tie between two or more persons voted for, the Governor shall order a new election, to supply the yacancy made by such tie. And the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections, by the people, and the

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apportioning the representation in the several counties or districts to the Council and House of Representatives, according to the population, shall be prescribed by law, as well as the day of the commencement of

the regular sessions of the Legislative Assembly : th of Provided, That no one session shall exceed the term

of forty days, except the first, which may be extended to sixty days, but no longer.

Sec. 5. 'And be it further enaeled, That every free Voter's qualifica- white male citizen of the United States above the age

of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, including those recognized as citizens by the treaty with the republic of Mexico, concluded February two, eighteen hundred and forty-eight, and the treaty negotiated with the same country on che thirtieth day of December, eighteen hundred and fifty-three, shali be entitled to vote at the first election, and shall be eligi. ble to any office within the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the Legislative Assembly.

Sec. 6. And be it further enacted, That the legislative the Legle power of the Territory shall extend to all rightful sub

jects of legislation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents; nor shall any law be passed impairing the rights of private property, nor shall any discrimination be made in taxing different kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed. •

SEC. 7. And be it further enacted, That all township, District and distriet, and county officers, not herein otherwise proOficers, vided for, shall be appointed or elected, as the case

may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory, The Governor shall nominate and, by and with the advice and consent of the Legislative Council, appoint all officers not herein otherwise provided for, and in the first instance the Governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the Legislative Assembly, and

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ORGANIC ACT,

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shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers, ' . . . . . :

Sec. 8, And be it further enacted, That no member of Members of the Legislative Assembly shall hold or be appointed to assembly. any office which shall have been created, or the salary certain or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment, under the United States, except postmasters, shall be a naember of the Legislative Assem, bly, or shall hold any office under the government of said Territory.

Sec, 9, And be it further enacted, That the judicial Judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The Supreme Court shall consist of a chief justice and two associate justices, any two of Court, whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually; and they shall hold their offices during the period of four years. The said Territory shall be divided

District into three judicial districts, and a district court shall Court. be held in each of said districts by one of the justices of the supreme court at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. . The jurisdiction of Jurisdiction the several courts herein provided for, both appellate of courts. and original, and that of the probate courts and of the justices of the peace, shall be as limited by law : Provided, That justices of the peace and probate courts of Justices shall not have jurisdiction of any matter in contro- and Proba versy when the title or boundaries of land may be in courtsey, : A dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery, as well Chancery as common law jurisdiction; and authority for redress Jurladie of all wrongs committed against the constitution or laws of the United States, or of the Territory, affecting persons or property. Each district court or the Clerk and Judge thereof shall appoint its clerk, who shall also Register. be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed error, olc. in all cases from the final decisions of said district

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