§ 23.
Agreement by joint commission concerning territorial records, books, and archives.
The agreement made by the joint commission of the constitutional conventions of North and
South Dakota concerning the records, books, and archives of the territory of Dakota is hereby
ratified and confirmed, which agreement is in the words following: That is to say:
The following books, records and archives of the territory of Dakota shall be the property of
North Dakota, to wit:
All records, books and archives in the offices of the Governor and secretary of the territory
(except records of articles of incorporation of domestic corporations, returns of election of delegates
to the constitutional convention of 1889, for South Dakota, returns of elections held under the
so-called local option law in counties within the limits of South Dakota, bonds of notaries public
appointed for counties within the limits of South Dakota, papers relating to the organization of
counties situate within the limits of South Dakota, all of which records and archives are a part of the
records and archives of said secretary's office; excepting also census returns from counties situate
within the limits of South Dakota and papers relating to requisitions issued upon the application of
officers of counties situate within the limits of South Dakota, all which are part of the records and
archives of said Governor's office.)
And the following records, books and archives shall also be the property of the state of North
Dakota, to wit:
Vouchers in the office or in the custody of the auditor of this territory relating to expenditures
on account of public institutions, grounds or buildings situate within the limits of North Dakota; one
warrant register in the office of the treasurer of this territory, being a record of warrants issued under
and by virtue of chapter twenty-four of the laws enacted by the eighteenth legislative assembly of
Dakota territory; all letters, receipts and vouchers in the same office now filed by counties and
pertaining to counties within the limits of North Dakota; paid and canceled coupons in the same
office representing interest on bonds which said state of North Dakota is to assume and pay; reports
of gross earnings of the year 1888 in the same office, made by corporations operating lines of
railroad situated wholly or mainly within the limits of North Dakota; records and papers of the office
of the public examiner of the second district of the territory; records and papers of the office of the
second district board of agriculture; records and papers in the office of the board of pharmacy of the
district of North Dakota.
All records, books and archives of the territory of Dakota which it is not herein agreed shall be
the property of North Dakota, shall be the property of South Dakota.
The following books shall be copied and the copies shall be the property of North Dakota, and
the cost of such copies shall be borne equally by the said states of North Dakota and South Dakota.
That is to say:
Appropriation ledger for the years ending November, 1889 and 1890--one volume.
The current warrant auditor's register--one volume.
Insurance record for 1889--one volume.
Treasurer's cash book "D."
Assessment ledger "B."
Dakota territory bond register--one volume.
Treasurer's current ledger--one volume.
The originals of the foregoing volumes which are to be copied, shall at any time after such
copying shall have been completed, be delivered on demand to the proper authorities of the state of
South Dakota.
All other records, books and archives which it is hereby agreed shall be the property of South
Dakota shall remain at the capital of North Dakota until demanded by the Legislature of the state of
South Dakota, and until the state of North Dakota shall have had a reasonable time after such
demand is made to provide copies or abstracts or such portions thereof as the said state of North
Dakota may desire to have copies or abstracts of.
The state of South Dakota may also provide copies or abstracts of such records, books and
archives which is agreed shall be the property of North Dakota as said state of South Dakota shall
desire to have copies or abstracts of.
The expense of all copies or abstracts of records, books and archives which it is herein agreed
may be made, shall be borne equally by said two states.