NORTH DAKOTA CONSTITUTION
THE ENABLING ACT
Enabling Act §1 | FORMATION OF NEW STATES AND ADMISSION INTO THE UNION
An act to provide for the division of Dakota into two states, and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and state governments, and to be admitted into the union on an equal footing with the original states, and to make donations of public lands to such states.
Be it enacted by the senate and house of representatives of the United States of America in Congress assembled, that the inhabitants of all that part of the area of the United States now constituting the territories of Dakota, Montana, and Washington, as at present described, may become the states of North Dakota, South Dakota, Montana, and Washington respectively, as hereinafter provided.
Enabling Act §2 | DIVISION OF DAKOTA TERRITORY AND CONVENTION LOCATIONS
Enabling Act §3 | DELEGATE ELECTIONS AND APPORTIONMENT PROCEDURES
Enabling Act §4 | QUALIFICATIONS FOR VOTING AND CONSTITUTIONAL CONVENTIONS
Second. That the people inhabiting said proposed states do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands belonging to citizens of the United States residing without the said states shall never be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be imposed by the states on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use. But nothing herein, or in the ordinances herein provided for, shall preclude the said states from taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation; but said ordinances shall provide that all such lands shall be exempt from taxation by said states so long and to such extent as such act of Congress may prescribe.
Third. That the debts and liabilities of said territories shall be assumed and paid by said states, respectively.
Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all the children of said states, and free from sectarian control.
Indian Lands.
– Federal Jurisdiction and Control.
Since jurisdiction and control of Indian lands remains in the United States under section 4 of the Enabling Act, congress could enact an act making criminal the introduction of intoxicating liquor upon an allotment within the limits of an Indian reservation. United States v. Sutton, 215 U.S. 291, 30 S. Ct. 116, 54 L. Ed. 200 (1909).Lands within South Dakota which were formerly a part of an Indian reservation and not restored to the public domain and open to settlement, but held by an Indian allottee under a trust patent, are Indian lands over which the United States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. 1915).
Under the Enabling Act and the disclaimer provision in the Constitution of South Dakota, not only lands, but all other property issued by the United States government to Indian allottees for use thereon, remained subject to federal control until Congress relinquished the trust. United States v. Pearson, 231 F. 270 (D.S.D. 1916).
Whether Indian pantentees of land in a reservation, created by Indian treaty, took to high or low watermark of a lake was not a question of state law. Montana Power Co. v. Rochester, 127 F.2d 189 (9th Cir. 1942).
– Jurisdiction of State.
The compact between the United States and North Dakota created by section 4 of the Enabling Act and art. XIII, § 1 of the state Constitution did not reserve to the United States exclusive jurisdiction of civil causes of action not involving lands, between Indians residing on reservations. Vermilion v. Spotted Elk, 85 N.W.2d 432 (N.D. 1957).– Voting Rights of Indians.
It was the duty of county commissioners to establish a voting precinct within or for a territory situated within the county limits and also within the limits of an Indian reservation, where the territory had, under an act of Congress, been allotted to certain Indians and they were living upon the allotments and farming the same. State ex rel. Tompton v. Denoyer, 6 N.D. 586, 72 N.W. 1014 (1897).Schools and School Districts
State Political and Governmental Control.
The state may rightfully exercise political and governmental control over lands formerly within a military reservation and reserved by the United States for Indian school and Indian agency purposes, to the extent of including them within its political subdivisions for political and governmental purposes. La Duke v. Melin, 45 N.D. 349, 177 N.W. 673 (1920).
Unappropriated Public Lands.
Enabling Act §5 | MEETING OF DELEGATES AND FORMATION OF STATE CONSTITUTIONS
Enabling Act §6 | PROVISIONS FOR RELIGIOUS FREEDOM AND PUBLIC LAND MANAGEMENT
Enabling Act §7 | DEBT ASSUMPTION AND PUBLIC EDUCATION REQUIREMENTS
Enabling Act §8 | RATIFICATION PROCESS FOR STATE CONSTITUTIONS
Adoption of Article
An article of the Constitution which received a majority of all the votes cast upon the question of its adoption and upon the question of the adoption of the Constitution was legally adopted though it failed to receive a majority of votes cast for governor. State ex rel. Larabee v. Barnes, 3 N.D. 319, 55 N.W. 883 (1893).Enabling Act §9 | FORMATION AND GOVERNANCE OF NORTH DAKOTA AND SOUTH DAKOTA
Enabling Act §10 | DIVISION OF TERRITORIAL ASSETS AND DEBTS
Bankruptcy Act Proceedings.
The fact that land being sold under contract to a bankrupt farmer was a part of the trust funds created by the Enabling Act did not exclude the land from administration under Bankruptcy Act proceedings. North Dakota v. Hegstad, 134 F.2d 598 (8th Cir. 1943).A bankrupt whose land is sold to the state on foreclosure of a mortgage securing a loan of permanent school funds may redeem by payment of the value of the land as fixed under the provisions of the Federal Bankruptcy Act, even though for less than the amount required for redemption under state law. North Dakota v. Towner County, 142 F.2d 48 (8th Cir. 1944).
Permanent School Fund.
The entire grant of land to the state for educational purposes was in trust and the express terms of the grant required the state as trustee to maintain the permanency of the funds acquired through the grant. The state is limited to the use of the interest from the permanent fund and the interest shall be used only for the support of schools. State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, Lang v. City of Cavalier, 59 N.D. 75, 228 N.W. 819 (1930).The assembly cannot divert nor authorize diversion of any part of the principal or interest or income from the investment of funds under the control of the board of university and school lands arising from the rental or sale of lands granted by the United States to any purposes other than those for which grants were made and any diversion to other purposes or any donation thereof in aid of an individual, by the assembly directly, or by the board of university and school lands by legislative enactment is unconstitutional. State ex rel. Sathre v. Board of Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935).
Enabling Act §11 | PROCEDURES FOR CONSTITUTION REJECTION AND REASSEMBLY
All exchanges heretofore made under section 11 of the Act approved February 22, 1889 (25 Stat. 676), as amended by the Act approved May 7, 1932 (47 Stat. 150), for reserved public lands of the United States that were subject to exchange under law pursuant to which they were being administered and the requirements thereof have been met, are hereby approved to the same extent as though the lands exchanged were unreserved public lands.
The said lands may be leased under such regulations as the legislature may prescribe.
The state may also, upon such terms as it may prescribe, grant such easements or rights in any of the lands granted by this act, as may be acquired in privately owned lands through proceedings in eminent domain: provided, however, that none of such lands, nor any estate or interest therein, shall ever be disposed of except in pursuance of general laws providing for such disposition, nor unless the full market value of the estate or interest disposed of, to be ascertained in such manner as may be provided by law, has been paid or safely secured to the state.
With the exception of the lands granted for public buildings, the proceeds from the sale and other permanent disposition of any of the said lands and from every part thereof, shall constitute permanent funds for the support and maintenance of the public schools and the various state institutions for which the lands have been granted. Rentals on leased land, proceeds from the sale of timber and other crops, interest on deferred payments on land sold, interest on funds arising from these lands, and all other actual income, shall be available for the acquisition and construction of facilities, including the retirement of bonds authorized by law for such purposes, and for the maintenance and support of such schools and institutions. Any state may, however, in its discretion, add a portion of the annual income to the permanent funds. Notwithstanding the foregoing provisions of this section, each of the states of North Dakota, South Dakota, and Washington may pool the moneys received by it from oil and gas and other mineral leasing of said lands. The moneys so pooled shall be apportioned among the public schools and the various state institutions shall receive an amount which bears the same ratio to the total amount apportioned as the number of acres (including any that may have been disposed of) granted for such public schools or for such institutions bears to the total number of acres (including any that may have been disposed of) granted by this act. Not less than fifty per centum of each such amount shall be covered into the appropriate permanent fund.
The lands hereby granted shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States whether surveyed or unsurveyed, but shall be reserved for the purposes for which they have been granted.
History: As amended by Act of August 11, 1921, ch. 61, 42 Stat. 158; Act of May 7, 1932, ch. 172, 47 Stat. 150; Act of June 25, 1938, ch. 700, 52 Stat. 1198; Act of April 13, 1948, ch. 183, 62 Stat. 170; Act of June 28, 1952, ch. 480, 66 Stat. 283; Act of June 30, 1967, Public Law 90-41, 81 Stat. 106; Act of October 16, 1970, Public Law 91-463, 84 Stat. 987.
Condemnation of School Lands.
Where a state statute relating to the condemnation of right of way by the state highway commission contemplates that title to lands shall be acquired, such procedure cannot be resorted to acquire school land granted to the state. State Hwy. Comm'n v. State, 70 N. D. 673, 297 N.W. 194 (1940).Oil and Gas Leases
Under the Enabling Act, as amended, the state has full power to provide for the execution of oil and gas leases on school and university lands. State ex rel. Rausch v. Amerada Petro. Corp., 78 N.D. 247, 49 N.W.2d 14 (1951).Taxation
When a contract for the sale of school land is canceled, the land reverts to the state, and no interest in the land is subject to taxation until a resale or redemption is made. Upon reversion of the land to the state, all unpaid taxes levied thereon are canceled. State v. Towner County, 68 N.D. 629, 283 N.W. 63 (1938).Enabling Act §12 | RESUBMISSION OF SIOUX FALLS CONSTITUTION
Enabling Act §13 | ELECTION PROCEDURES FOR CONSTITUTIONAL RATIFICATION
Enabling Act §14 | CERTIFICATION AND ADMISSION OF STATES INTO THE UNION
Enabling Act §15 | CONGRESSIONAL REPRESENTATION AND TRANSITION OF TERRITORIAL OFFICERS
Enabling Act §16 | LAND GRANTS FOR PUBLIC EDUCATION AND MANAGEMENT GUIDELINES
Enabling Act §17 | BANKRUPTCY IMPLICATIONS FOR STATE-OWNED LANDS
To the state of North Dakota a like quantity of land as is in this section granted to the state of South Dakota, and to be for like purposes, and in like proportion as far as practicable.
To the state of Montana: For the establishment and maintenance of a school of mines, one hundred thousand acres; for state normal schools, one hundred thousand acres; for agricultural colleges, in addition to the grant hereinbefore made for that purpose, fifty thousand acres; for the establishment of a state reform school, fifty thousand acres; for the establishment of a deaf and dumb asylum, fifty thousand acres; for public buildings at the capital of the state, in addition to the grant hereinbefore made for that purpose, one hundred fifty thousand acres.
To the state of Washington: For the establishment and maintenance of a scientific school, one hundred thousand acres; for state normal schools, one hundred thousand acres; for public buildings at the state capital in addition to the grant hereinbefore made for that purpose, one hundred thousand acres; for state, charitable, educational, penal, and reformatory institutions, two hundred thousand acres.
In General.
The power to determine the manner of the use of public lands granted by the Enabling Act is purely legislative and cannot be delegated to a commission. State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917).Charitable Purposes.
The words "charitable purposes" should be construed in a broad, and not limited meaning, to include acts of public benefaction which are done for public purposes, as well as mere almsgiving or benefaction to the poor, and, as so construed, the section authorizes the maintenance of an institution which shall care for all classes of aged and infirm soldiers, irrespective of their monetary worth. State ex rel. Skeffington v. Seigfried, 40 N.D. 57, 168 N.W. 62 (1918).Governor's Residence.
The erection of a resident for the governor at the capital is within the purposes of the grant of land made by congress to the state for public buildings at the capital under the Enabling Act. State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917).Limitation on Legislative Disposal of Lands.
The Montana legislature must act in subordination to the state Constitution in executing the authority entrusted to it in section 17 of the Enabling Act. Montana ex rel. Haire v. Rice, 204 U.S. 291, 27 S. Ct. 281, 51 L. Ed. 490 (1907).Enabling Act §18 | SALE AND EXCHANGE REGULATIONS FOR PUBLIC LANDS
Enabling Act §19 | TRUST FUND MANAGEMENT AND DISTRIBUTION PRINCIPLES
Enabling Act §20 | JUDICIAL DISTRICTS AND FEDERAL COURT ASSIGNMENTS
Enabling Act §21 | APPEALS AND WRITS OF ERROR PROCEDURES IN NEW STATES
Enabling Act §22 | LEGAL SUCCESSION OF TERRITORIAL COURTS TO STATE COURTS
Enabling Act §23 | ELECTION OF STATE GOVERNMENT OFFICIALS
Enabling Act §24 | REPEAL OF CONFLICTING ACTS AND LEGISLATIVE ADJUSTMENTS
Enabling Act §25 | REGULATION AND ADMINISTRATION OF NORTH DAKOTA TRUST FUNDS
Enabling Act §26 | PUBLICATION AND ACCESSIBILITY OF THE STATE CONSTITUTION
North Dakota Trust Funds.
(2) deduct the costs of administering a trust fund from each trust fund; and
(3) manage each trust fund to -
(B) maintain stable distributions to trust fund beneficiaries.
(c) MANAGEMENT OF PROCEEDS. - Notwithstanding section 13, the State of North Dakota shall manage the proceeds referred to in that section in accordance with subsections (a) and (b).
(d) MANAGEMENT OF LAND AND PROCEEDS. - Notwithstanding sections 14 and 16, the State of North Dakota shall manage the land granted under that section, including any proceeds from the land, and make distributions in accordance with subsections (a) and (b)."
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