ORGANIC ACT. AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF COLORADO. Colorado established. Be it enacted by the Senate and House of Representa- Territory of tives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, viz.: Boundaries. commencing on the thirty-seventh parallel of north latitude, where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north on said meridian to the forty-first parallel of north latitude; thence along said parallel west to the thirtysecond meridian of longitude west from Washington; thence south on said meridian to the northern line of New Mexico; thence along the thirty-seventh parallel of north latitude to the place of beginning; be and the same is hereby erected into a temporary government by the name of the territory of Colorado: Provided, That nothing in this act contained shall be Indian construed to impair the rights of person or property preserved. rights now pertaining to the indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such indians, or to include any territory which, by treaty with any indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries and con- Indian terstitute, no part of the territory of Colorado, until ritory ex said tribe shall signify their assent to the president of etc. the United States to be included within the said territory, or to affect the authority of the government of the United States to make any regulations respect cepted until Territory may be divided. Governor, appoint ment, term, powers and anties. Socretary of territory, etc. When to act as governor. ing such indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make, if this act had never passed: Provided further, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said territory into two or more territories, in such 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 power and authority in and over said territory of Colorado 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 the president of the United States. The governor shall reside within said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of 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 offenses against the laws of the United States, until the decis ion of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said territory, and shall take care that the laws be faithfully executed. SEC. 3. And be it further enacted, That there shall be a secretary of the said territory, who shall reside therein, and hold his office for four years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the gov ernor, in 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, to the president of the United States, and, at the same time, two copies of the laws to the speaker of the house of representatives and the president of the senate, for the use of congress. And in case of the death, removal or resignation, or other necessary absence of the governor from the territory, the secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. tives. ment. SEC. 4. And be it further enacted, That the legisla Legislative tive power and authority of said territory shall be assembly. vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall Council. consist 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 House of consist of thirteen members, which may be increased representa to twenty-six, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. An appor- Apportiontionment shall be made, as nearly equal as practicable, among the several counties or districts for the elec tion 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 shall cause a census or enu- Census. meration of the inhabitants of the several counties and districts of the territory to be taken; and the first election shall be held at such time and places Elections. and be conducted in such manner as the governor shall appoint and direct; and he shall, at the same time, declare the number of the members of the council and house of representatives to which each of the counties or distriets shall be entitled 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 case of a tie between two or more persons voted for, the governor shall order a new election, to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall Provise. Length of sessions. Voters' qualifica tions. Power of ture. meet at such place and on such day as the governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: 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 enacted, That every free 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 the thirtieth of December, eighteen hundred and fiftythree, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the legislative assembly. SEC. 6. And be it further enacted, That the legislative the legisla power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act; but no laws 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. Township, district, and county officers. SEC. 7. And be it further enacted, That all township, district, and county officers, not herein otherwise provided 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 SEO. 9. And be it further enacted, That the judicial Judicial power of said territory shall be vested in a supreme power. court, district courts, probate courts, and in justices court. court. 109 of the peace. The supreme court shall consist of a Supreme chief justice and two associate justices, any two of 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 into three judicial districts, and a district District court shall 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 the several courts herein pro vided for, both appellate 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 shall not have jurisdiction of any matter in controversy when the title or bound aries of land may be in 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 as common law juris- Chancery diction, and authority for redress of all wrongs com- Jurisdiction'+ mitted against the constitution or laws of the United States, or of the territory, affecting persons or prop Jurisdic tion of courts. steamin qat of justices of the peace and probate courts. erty. Each district court or the judge thereof shall clerk and appoint its clerk, who shall also be the register in register. |