308

ORGANIZATION OF PROVISIONAL GOVERNMENT.

C. McKoy, of Article III., and Joseph Holmam of Article IV., showing that the adoption of a govern- ment did not depend entirely on the Americans.

The subject of an executive had troubled the legis- lative committee not a little. It was necessary to

nower to grant pardons and reprieves for offences against the laws of the ter- ritory to call out the military force of the territory to repel invasion, or suppress insurrection, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary to the representa- tives of the people, for their action. Two members of the committee shall constitue a quorum to transact business.

'Art 6 The legislative power shall be vested in a committee ol U pei- sons who 'shall be elected by the qualified electors at the annual election, giving to each district a representation in ratio of its population excluding Indians; and the said members of the committee shall reside in the district for which they shall be chosen.

'Art 7 The judicial power shall be vested in a supreme court, consist- ing of a supreme judge and 2 justices of the peace. The jurisdiction of the supreme court shall Tie both appellate and original. That of the probate court and justices of the peace as limited by law-provided that individual iustices of the peace shall not have jurisdiction of any matter of controversy when the title or boundary of land may be in dispute, or where the sum

claimed exceeds $50. , , , ,. ■

'Art 8 There shall be a recorder elected by the qualified electors, at the annual election, who shall keep a faithful record of the proceedings in the legislative committee, supreme and probate courts; also record all boundaries of lands presented for that purpose; and all marks and brands used for mark- ing live-stock; procure and keep the standard weights and measures required bv law seal weights and measures, and keep a record of the same; and abo record Wills and deeds, and other instruments of writing required by law to be recorded. The recorder shall receive the following fees, viz. : for recording wills deeds, and other instruments of writing, 12 cents for every 100 words, and the same price for copies of the same; for every weight or measure sealed, 25 cents; for granting other official papers and the seal, 25 cents; for serving as clerk of the legislative committee, the same daily pay as the members of ?L legislature; and for all other services required of him by this act, the same fees as allowed for similar services by the laws of Iowa.

'Art 9 There shall be a treasurer elected by the qualified electors of the territory, who shall, before entering upon the duties of his office, give bond to the executive committee, in the sum of $1,500 with 2 or -more sufficient securities, to be approved by the executive committee, conditioned for the faitWul discharge of the duties of his office. The treasurer shall receive all moneys biongmg to the territory, that may be raised by contribution or Xrwise, and 8 shall procure suitable books in which he shall enter an ac- count of his receipts and disbursements.

'Art 10 The treasurer shall in no case pay money out of the treasury but according to law, and shall annually report to the legislative committee a true account of his receipts and disbursements, with necessary vouchers for the same and shall deliver to his successor in office all books money, ac- counts^ other property belonging to the territory, so soon as his successor

^^TSft^urer shall receive for his services the sum of 5 per cent of all moneys received and paid out, according to law and 3 per cent of aU moneys Tn the treasury when he goes out of office, and 2 per cent upon the disbursement of money in the treasury when he comes into office

'Art lT The laws of Iowa shall be the laws of this territory, in civil military, and criminal cases, where not otherwise provided for, and where no