The Dakota Experience Creating Communities: The Frontier (1860-1880)
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Seat of Government.
Chapter 104.

AN ACT to Provide for the Location of the Seat of Government of the Territory of Dakota, and for the Erection of Public Buildings thereat.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

  1. REMOVED FROM YANKTON.] The seat of government of the Territory of Dakota, is hereby removed from the city of Yankton, in the county of Yankton, and Territory of Dakota, and is located and established as hereinafter provided.
  2. NAME OF COMMISSIONERS.] That Milo W. Scott, Burleigh F. Spaulding, Alexander McKenzie, Charles H. Myers, George A. Mathews, Alexander Hughes, Henry H. DeLong, John P. Belding, M. D. Thompson, be, and they are hereby appointed commissioners for the purpose of locating the permanent seat of government and the capital building of the Territory of Dakota.
  3. BOND AND OATH — ORGANIZATION — BOND OF TREASURER.] Said commissioners shall before entering upon the discharge of their duties, enter into bonds in the sum of forty thousand dollars ($40,000) each, with good and sufficient sureties, to be approved by one of the justices of the supreme court, payable to the Territory of Dakota, and conditioned for the faithful performance of their duties under this act, to fully account for all moneys that may come into their hands as such commissioners, and they shall also take and subscribe an oath to fully, faithfully and impartially carry out the provisions of this act, which said oath shall be endorsed on their bond, and the same shall be filed in the office of the Territorial Treasurer. If any of the commissioners fail to qualify as provided in this section, within thirty (30) days after the passage of this act, or should a vacancy occur at any time, the Governor shall fill the vacancy by appointment, and the person so appointed shall qualify in the manner provided in this act. After having qualified, and within thirty (30) days after the passage of this act, the commissioners shall meet in the city of Yankton and proceed to organize by electing a president, secretary and treasurer, each of which officers, except the secretary, shall be a member of the commission herein provided for. The treasurer of the board of commissioners shall give a good and sufficient bond, payable to the Territory of Dakota, and conditioned for the faithful performance of the duties of his office; said bond shall be in the sum of one hundred thousand dollars ($100,000), to be approved as above provided.
  4. SHALL SELECT SITE FOR CAPITAL.] On or before the first day of July, A. D. 1883, the commissioners, or a majority of them, shall select a suitable site for the seat of government of the Territory of Dakota, due regard being had to its accessibility from all portions of the Territory, and its general fitness for a capital, when at least one hundred thousand dollars ($100,000) shall be paid or guaranteed in money; if the amount be no paid in money, then its payment to the Territory shall be secured by a bond with good and sufficient sureties, payable to the Territory, which bond shall be approved by said commissioners or a majority thereof. And after the site is determined upon as aforesaid, said commissioners shall secure good and sufficient title deeds of at least one hundred and sixty acres of land upon which the capital buildings shall be erected, and a sufficient amount of said grounds shall be laid out into squares and suitable landscapes, and the same is hereby declared to be the permanent seat of government of the Territory of Dakota, at which all of the public officers of the Territory shall be kept, and at which all of the sessions of the Legislature shall hereafter be held.

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