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turely brought, either with or without an apparent fraudulent intention to make such trial an estoppel to further prosecution, or there shall not appear to the Solicitor sufficient evidence in the charge to justify a continuance of the prosecution, he may, upon motion made in open court, and with the approval of the court, before evidence be taken, enter a nolle prosequi in such case, and discontinue any further proceedings in the same, and such case shall be as though it had never been brought before the court, but the charge may be renewed, and the offense prosecuted under another indictment,

SEC. 87. The Solicitor of each district is authorized and required to collect and dispense within his district, according to law, all fines arising from a violation of law.

ARTICLE VII.

DUTIES OF EXECUTIVE COUNCIL.

SEC. 88. The Executive Council shall consist of three members, who shall be elected in the manner, and whose term of office shall be, as defined by the constitution. They shall perform such duties as are required of them by the constitution, and such as are or may be required of them by law.

CHAPTER II.

AN ACT RELATING TO THE ORGANIZATION OF THE NATIONAL

COUNCIL.

ARTICLE I.

ORGANIZATION OF THE NATIONAL COUNCIL.

SEC. 1. The National Council of the Cherokee Nation shall meet annually at the time and place fixed by law.

SEC. 2. Members elect to the National Council, shall take their seats at the time of meeting of the first annual session thereof, after the general biennial elections at which they shall have been elected, and shall constitute a new council; and such new council shall be organized as hereinafter provided.

SEC. 3. Certificates of election shall be deemed good and sufficient evidence of the election of the persons holding the same, unless in cases of contests, as provided for by law.

SEC. 4. As soon as a majority of the members elect to either branch of the National Council, shall have assembled at the seat of government, such majority shall constitute a quorum competent to transact business, and shall, without delay, proceed to organize the new senate and council; for which purpose, they shall elect one of

their number temporary chairman, and some one as clerk pro tem. The chairman shall call the house to order, receive the credentials of the members claiming seats, and read them aloud for the information of all. The clerk shall enroll the names of the members, district by district, and keep a correct minute of the proceedings, which shall afterwards be entered upon the journal of the senate or council, as the case may be. The chairman shall then, and as soon as may be, summon the chief justice, or any other officer authorized to administer oaths, who shall qualify such members elect, but no person, whose seat is contested, shall be qualified while the case is pending. The constitutional oath of office may be administered to the members elect, by districts, or by persons, or otherwise, according to circumstances, each house exercising the right to judge of the elections, the returns, and the qualifications of its own members.

SEC. 5. The members thus qualified, and being a majority, or quorum, of the whole number of members of the senate or council, as the case may be, shall at once, proceed to vote "viva voce" for a president of the senate, or speaker of the council, as the case may be, and for one chief clerk, and one asssistant or enrolling clerk, and such interpreters as shall be necessary and authorized by law.

SEC. 6. No person shall be chosen president of the senate, or speaker of the council, unless eligible to the office of Principal Chief. Any number of members may compete for the office of president of the senate or

speaker of the council.

The voting shall be in the order in which the roll is called by the clerk pro tem., and the candidate receiving the greatest number of votes cast, and a majority of the whole number cast, shall be president of the senate or speaker of the council, as the case may be provided, that, should there be three or more candidates, neither one of whom shall have received a majority of the whole number of votes cast, then, and in that case, the candidates receiving the greatest number of votes, shall be voted for; and the one receiving the greatest number of votes, shall be declared duly elected; provided, also, that, the whole. number of votes cast, shall be a quorum of the whole number of members.

SEC. 7. There shall then, and in like manner be elected, one chief clerk and one assistant clerk, and two interpreters, to each branch of the National Council so electing such clerks and interpreters; and such clerks and interpreters shall, before entering upon the duties of their offices, take an oath to faithfully discharge the duties thereof, to the best of their ability; whereupon such president of the senate, speaker of the council, and the clerks and interpreters thereof, shall be duly qualified to enter upon the discharge of their official duties; and such senate and council, so organized, shall constitute the National Council, competent and ready. for the transaction of business.

SEC. 8. The president of the senate and speaker of the council, shall preside over the deliberations of their respective branches of the National Council, and shall

be subject to such rules as may be adopted for the government of the same. Their term of service, and that of the clerks and interpreters, shall expire at the same time with the expiration of the term of service of those electing them, unless sooner removed.

SEC. 9. The clerks and interpreters of the senate. and council may be removed by the body electing them, for any neglect or abuse of their official duties, or for incompetency in office.

SEC. 10. The chief clerks of the senate and council shall keep neat and correct records of the proceedings of their respective houses, and read the journal of business as often as may be required.

SEC. 11. The assistant or enrolling clerks, shall aid the chief clerk in his duties, and perform such general and special services as may be assigned him by the chief clerk, or by the branch of the council of which he is assistant clerk.

SEC. 12. The assistant or enrolling clerk shall be competent to act as chief clerk, and shall so act in the absence of the chief clerk.

SEC. 13. The interpreters of the senate and council. shall interpret into English and Cherokee, all acts, resolutions, motions, speeches and other things or subjects necessary to be interpreted, whereby every member may fully understand every subject or matter claiming legislative notice. Each branch of the National Council may dispense with one or all of its interpreters, whenever it may deem it expedient so to

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