Compendium history and biography of North Dakota; a history of early settlement, political history, and biography; reminiscences of pioneer life, Part 16

Author:
Publication date: 1900
Publisher: Chicago, G.A.Ogle
Number of Pages: 1432

USA > North Dakota > Compendium history and biography of North Dakota; a history of early settlement, political history, and biography; reminiscences of pioneer life > Part 16

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The seventeenth legislature, composed of the fol-

COMPENDIUM OF HISTORY AND BIOGRAPHY.

lowing named, was in session from January II until March II, 1887:

Council-George A. Mathews, president ; Roger Allin, William T. Collins, John Cain, W. E. Dodge, E. W. Foster, Melvin Grigsby, Alexander Hughes, T. M. Martin, P. J. McCumber, C. H. Sheldon, E. G. Smith, J. S. Weiser, T. O. Bogart, A. W. Camp- bell, P. C. Donovan, E. C. Erickson, H. Galloway, G. A. Harstad, J. D. Lawler, C. D. Mead, E. T. Sheldon, F. J. Washabaugh and S. P. Wells.

House-George G. Crose, speaker; Fred H. Adams, John Bidlake, J. W Burnham, D. S. Dodds, Thomas M. Elliott, D. W. En- sign, J. H. Fletcher, F. Greene, A. A. Harkins, C. B. Hubbard, J. G. Jones, James M. Moore, T. F. Mentzer, C. I. Miltimore, John D. Patton, D. F. Royer, J. Schnaidt, F. M. Shook, D, Stewart, E. W. Terrill, J. V. White, Wilson Wise, L. O. Wyman, Frank R. Aikens, W. N. Berry, A. M. Cook, M. H. Cooper, John R. Dutch, John A. Ely, William H. Fellows, J. T. Gilbert, William Glendenning, W. J. Hawk, John Hobart, R. McDonell, F. A. Morris, H. J. Mallorey, J. H. Patton, A. J. Pruitt, W. R. Ruggles, D. W. Sprague, A. S. Steward, B. H. Sullivan C. B. Williams, James P. Ward, E. A. Williams and John Woltzmuth.

The eighteenth and last territorial legislature was convened at the capital, Bismarck, January 8, 1889, and remained in session until March 9. It

enacted one hundred and twenty general laws, in- cluding thirty-four amendments and two repeals. Also nineteen joint resolutions and memorials. The membership rolls bore the following names:

Council-Smith Stimmel, president; R. Allin, Irenus Atkinson, Peter Cameron, A. W. Canıpbell, M. H. Cooper, C. I. Crawford, Robert Dollard, E. C. Erickson, S. L. Glaspell, James Halley, G. A. Harstad, Alexander Hughes, Robert Lowry, Hugh McDonald, John Miller, J. H. Patten, David W. Poindexter, Joseph C. Ryan, C. A. Soderberg, G. H. Walsh, F. J. Washabaugh, James A. Woolheiser and A. L. Van Osdel.

House-Hosmer H. Keith, speaker; F. H. Adams, Frank R. Aikens, Joseph Allen, C. H. Bald- win, R. L. Bennett, E. H. Bergman, B. F. Bixter, J. W. Burnham, A. D. Clark, J. B. Cook, T. A. Douglas, Thomas Elliott, J. H. Fletcher, J. M. Greene, A. J. Gronna, S. P. Howell, Harry F. Hunter, J. G. Jones, I. S. Lampman, W. S. Logan, Frank Lilli- bridge, H. J. Mallory, P. McHugh, Edwin McNeil, C. J. Miller, F. A. Morris, C. C. Newman, P. P. Palmer, A. L. Patridge, H. S. Parkin, John D. Pat- ten, O. C. Potter, D. M. Powell, M. M. Price, Wm. Ramsdell, D. F. Royer, G. W. Ryan, H. H. Sheets, J. O. Smith, W. E. Swanston, C. J. Trude, John Turnbull, N. Upham, O. R. Van Etten, J. B. Well- come, D. R. Wellman, J. V. White.

CHAPTER VIII.

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STATEHOOD;

EARLY MOVEMENT TOWARD ADMISSION TO THE UNION; HURON CONVENTION; SIOUX FALLS CONVENTION; OTHER BILLS FOR ADMISSION; SECOND CONSTITUTIONAL CONVENTION AT SIOUX FALLS; OMNIBUS BILL AND ADMISSION; CONSTITUTIONAL CON- VENTION AT BISMARCK; OFFICIAL VOTE FOR GOVERNOR; STATE OFFICERS; STATE DIRECTORY; GENERAL ASSEMBLIES, ETC.

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EARLY MOVEMENT TOWARD ADMISSION TO THE UNION.

At a very early day in its territorial history, Da- kota endeavored to be admitted into the Federal Union as a full fledged state. The first movement looking to that end came up in 1870, and was the natural outgrowth of a feeling that it was for the best interests of all that the terriory should be di- vided. Discussions of various kinds took place all over the territory at that time and finally culminated in the legislature, the representative of public opin- ion, adopting, January 12, 1871, a memorial to con- gress asking that body to divide the territory into two parts, the division to be made on the forty-sixth parallel of north latitude. This bill was passed by a unanimous vote. Similar acts were adopted De- cember 31, 1872; December 19, 1874, and January 24, 1877. At the session of the thirteenth legisla- ture, in 1879, a protest was made against a talked of admission of Dakota as a state without the divi- sion desired. The general, almost universal, opin- ion being in favor of the division. January 7, 1880, G. G. Bennett, the delegate to congress from Da- kota, presented a bill to the national house of repre- sentatives, providing for the admission to the Union of all that part of Dakota south of the forty-sixth parallel as a state, and the formation of the balance,

now North Dakota, into a territory, to be called Pembina. December 6, 1880, the same member presented a bill to the house asking for admission of Dakota, without division, while the same day Senator A. S. Paddock, of Nebraska, introduced a bill in the house authorizing the people of Dakota to form a constitution looking toward statehood. De- cember 19, 1881, R. F. Pettigrew, then territorial delegate in congress, presented to that body two bills, one for the admission of all that part of the terri- tory south of the forty-sixth degree of north latitude into the Union as a state, and the other for the or- ganization of the north half of the territory into the territory of North Dakota. At the previous session of congress, March 22, 1880, Senator Samuel J. Kirkwood, of Iowa, had presented a bill for the or- ganization of what is now North Dakota into a ter- ritory, to be called Pembina, and in 1881 Senator Saunders, of Nebraska, introduced a bill with the same object. In that year the territorial legislature presented a memorial asking for the division of the territory into three states or territories. During the following winter more than one hundred of the leading citizens of Dakota went to Washington to urge upon congress action upon a bill enabling South Dakota to form a state constitution, and to elect offi- cers preparatory to admission to the Union as a

COMPENDIUM OF HISTORY AND BIOGRAPHY.

state. Although the matter was received favorably by both houses of congress and the measure seemed for a time likely to meet with favor, political consid- eration caused it to be set aside.

During the last few days of the legislative ses- sion of 1883 a bill was passed by both houses of that body, almost unanimously, authorizing South Da- kota to hold a convention and form a constitution, the expenses to be paid out of the territorial treas- ury. The bill died in the governor's hands. He did not desire to veto it, for political reasons, but de- clined to sign it, giving as a reason, that, as the peo- ple of South Dakota were alone to profit by it, he could not see the justice of the whole territory pay- ing for it. This course provoked much indigna- tion among the friends of the measure. There was, at the same session of the legislature a bill passed that added to the discontent of the people of the south- ern half of the territory. This was for the removal of the capital, which was re-located at Bismarck, in the north half. This helped increase the desire for separation and the statehood of South Dakota. The removal of the capital provoked intense feeling, and meetings were held throughout the lower half of the territory, denouncing the legislature, and calling for the resignation or removal of Governor Ordway. The feeling for renewed and stronger efforts looking toward the division of the territory and the admis- sion of South Dakota became intensified, and the jealousy that had existed between the two sections of the territory received increased force.

Previous to this, on the 21st of June, 1882, dele- gates from ten counties in the south part of the ter- ritory met in convention at Canton. This meeting called itself the Citizens' Constitutional Association. Its object was to consider the subject of a consti- tutional convention, increase the membership of the legislature and other matters that might arise. An executive committee of seven was appointed to act on these lines.

HURON CONVENTION.

In June, 1883, in accordance with a call made by the committee above, a convention met at Huron, This was made up of one hundred and eighty-eight delegates from thirty-four counties, all of which lay in South Dakota. Assuming to speak for the people of the whole territory, the north half of which had no representative present, they adopted the following resolution :

"Resolved, By the representatives of Dakota in

convention assembled, in the name and by the author- ity of Dakota, that the interests and wishes of the people of Dakota demand a division of this territory on the forty-sixth parallel; that on this measure the wishes of the people of Dakota who live south of this parallel are practically unanimous, and that this is their fixed and unalterable will."

This was accompanied by an ordinance providing for the assembling of a constitutional convention to be held at Sioux Falls to enact the organic law pre- paratory to the admission of that part of the terri- tory as a state.

SIOUX FALLS CONVENTION.

September 4, 1883, the convention met at Sioux Falls to draft the constitution for the prospective state. This body held a session of fourteen days, and the result of their labors was submitted to the action of the voters in fory-two counties of the south half of the territory. The total vote cast was 19,150, of which 12,336 were in favor of the constitution, and 6,814 against it. But all in vain the people waited for the necessary congressional authority to organize as a state, which never came.

OTHER BILLS FOR ADMISSION.

In the meantime, J. R. Raymond, the delegate in congress for Dakota, December 11, 1883, pre- sented a bill before congress establishing the terri- tory of North Dakota, which was referred to the committee on territory, where it perished like other measures to the same end presented before. The following January Senator Angus Cameron of Wis- consin, laid a bill before the senate similar to the above, which shared the same fate.

February 4, 1884, Martin Maginnis, the delegate from Montana, presented to congress a bill authoriz- ing the people of the whole of Dakota to form a con- stitution looking toward statehood. A few days previous Senator Angus Cameron, of Wisconsin, had presented a bill of like character to the senate. Both these, also were referred to the proper commit- tee and failed to materialize subsequently upon the floor of congress. During the same month two bills were presented in the senate by Benjamin Harrison, of Indiana, afterwards President of the United States, enabling the people of South Dakota to draft a constitution and to be admitted into the Federal Union as a state. These, also, met with the usual fate. The first was referred to the committee on

COMPENDIUM OF HISTORY AND BIOGRAPHY.

territories, and never saw the light again. The other, although passed by the senate, was hung up in the committee of the house. In all this agitation it seems to have been the people of South Dakota that were making the most of the effort. In many of the movements North Dakota was apparently not rep- resented.

A bill providing for the admission of South Dakota south of the forty-sixth degree of latitude, was again again presented in the senate by Hon. Benjamin Har- son, of Indiana, January 11, 1886, which passeed that that body February 5 following. On the 9th of Feb- ruary it was laid before the house of representa- tives, and by that body was referred to the commit- tee on territories. That committee, of which Will- iamı M. Springer, of Illinois, was chairman, re- ported back the bill adversely, May 25 following.

THE SECOND CONSTITUTIONAL CONVENTION AT

SIOUX FALLS.

A second constitutional convention was held at Sioux Falls by the citizens of South Dakota, in September, 1885. This also adopted a state consti- tution, which was submitted to the voters of the No- vember election of that year. Out of a total vote of 31,791 electors, 25,226 voted in favor of the con- stitution and 6,565 against it. A full state ticket for officers of the new state was also elected with A. C. Mellette as governor. But congress proved obdurate and the admission of the state was again postponed.

OMNIBUS BILL AND ADMISSION.

Other measures there were, but they all culmi- nated in the passage of a bill by both houses of con- gress in the winter of 1888-89, which was approved by the president February 22, 1889, which, among other things, divided the state into two parts and admitted both to the honor of statehood. This bill, commonly called the Omnibus bill, was as follows :

"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.

"Section I. That the inhabitants of all that part of the area of the United States now constituting the territories of Dakota, Montana and Washing-

ton, as at present described, may become the states of North Dakota, South Dakota, Montana and Washington, respectively, as hereinafter provided.

"Section 2. The area comprising the territory of Dakota shall, for the purposes of this act, bc divided on the line of the seventh standard parallel produced west, to the western boundary of said territory ; and the delegates elected as hercinafter provided to the constitutional convention in the dis -. tricts north of said parallel shall assemble in con- vention, at the time prescribed in this act, at the city of Bismarck; and the delegates in the districts soutlı of said parallel shall, at the same time, assem- ble in convention at Sioux Falls.

"Section 3. That all persons who are qualified by the laws of said territories to vote for repre- sentatives to the legislative assemblies thereof, are hereby authorized to vote for and choose delegates to form conventions in said proposed states ; and the qualifications for delegates to such conventions shall be such as by the laws of said territories re- spectively persons are required to possess to be eligible to the legislative assemblies thereof; and the aforesaid delegates to form said conventions shall be appointed within the limits of the proposed states, in such districts as may be established as herein provided, in proportion to the population in each of said counties and districts, as near as may be, to be ascertained at the time of making said apportionments by the persons hereinafter author- ized to make the same, from the best information obtainable, in each of which districts three dele- gates shall be elected, but no elector shall vote for more than two persons for delegates to such con- ventions ; that said apportionments shall be made by the governor, the chief justice and the secretary of said territories; and the governor of said terri- tories shall, by proclamation, order an election of the delegates in each of said proposed states, to be held on the Tuesday after the second Monday in May, 1889, which proclamation shall be issued on the 15th day of April, 1889; and such election shall be conducted, returns made, the result ascertained, and the certificates of persons elected to such con- ventions issued in the same manner as is prescribed by the laws of said territories regulating elections therein for delegates to congress; and the number of votes cast for delegates in each precinct shall also be returned. The number of delegates to said con- ventions respectively shall be seventy-five; and all persons resident in said proposed states, who are qualified voters of said territories, as herein pro-

COMPENDIUM OF HISTORY AND BIOGRAPHY. .

vided, shall be entitled to vote upon the election of delegates, and under such rules and regulations as said conventions may prescribe, not in conflict with this act, upon the ratification or rejection of the constitutions.

"Section 4. That the delegates to the conven- tions elected as provided in this act shall meet at the seat of government of each of said territories, except the delegates elected in South Daota, who shall meet at the city of Sioux Falls, on the 4th of July, 1889, and after organization shall declare, on behalf of the people of said proposed states, that they adopt the constitution of the United States; whereupon the said convention shall be, and are hereby authorized to form constitutions and state governments for said proposed states respectively. The constitutions shall be republican in form, and make no distinctions in civil or political rights on account of race or color, except as to Indians not taxed, and not to be repugnant to the constitution of the United States, and the principles of the declaration of independence. And said conven- tions shall provide, by ordinances irrevocable with- out the consent of the United States and the people of said states :

"First-That perfect toleration of religious sen- timent shall be secured, and that no inhabitant of said states shall ever be molested in person or prop- erty on account of his or her mode of religious worship.

"Second-That the people inhabiting said pro- posed 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 juris- diction and control of the congress of the United States; that the lands belonging to the citizens of the United States residing without the said states shall never be taxed at a higher rate than the lands helonging 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 hy the United States or reserved for its use. But nothing herein, or in the ordinances herein pro- vided 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 may 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 or- dinances 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 pre- scribe.

"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 pub- lic schools, and which shall be open to all the chil- dren of said states and free from sectarian con- trol.

"Section 5. That the convention which shall as- semble at Bismarck shall form a constitution and state government for a state to be known as Nortlı Dakota, and the convention which shall assemble at Sioux Falls shall form a constitution and state gov- ernment for a state to be known as South Dakota; Provided, that at the election for delegates to the constitutional convention in South Dakota, as herein- before provided, each elector may have written or printed on his ballot the words 'For the Sioux Falls Constitution,' or the words 'Against the Sioux Falls Constitution,' and the votes on this question shall be returned and canvassed in the same man- ner as for the election provided for in Sec. 3 of this act ; and if a majority of all votes cast on this ques- tion shall be 'For the Sioux Falls Constitution,' it shall be the duty of the convention which may assemble at Sioux Falls, as herein provided, to re- submit to the people of South Dakota, for ratifica- tion or rejection at the election hereinafter pro- vided for in this act, the constitution framed at Sioux Falls and adopted November 3, 1886, and also the articles and propositions separately sub- mitted at that election, including the question of locating the temporary seat of government, with such changes only as relate to the name and boundary of the proposed state, to the reapportion- ment of the judicial and legislative districts, and such amendments as may be necessary in order to comply with the provisions of this act; and if a majority of the votes cast on the ratification or rejection of the constitution shall be for the con- stitution irrespective of the articles separately sub- mitted, the state of South Dakota shall be admitted

COMPENDIUM OF HISTORY AND BIOGRAPHY.

as a state in the Union under said constitution as hereinafter provided; but the archives, records and books of the territory of Dakota shall remain at Bismarck, the capital of North Dakota, until an agreement in reference thereto is reached by said states. But if at the election for delegates to the constitutional convention in Souh Dakota a majority of all the votes cast at that election shall be 'Against the Sioux Falls Constitution,' then and in that event it shall be the duty of the conven- tion which shall assemble at the city of Sioux Falls on the 4th day of July, 1889, to proceed to form a constitution and state government as provided in this act the same as if that question had not been submitted to a vote of the people of South Dakota. "Section 6. It shall be the duty of the constitu- tional conventions of North and South Dakota to appoint a joint commission, to be composed of not less than three members of each convention, whose duty it shall be to assemble at Bismarck, the pres- ent seat of government of said territory, and to agree upon an equitable division of all property be- longing to the territory of Dakota, the disposition of all public records, and also adjust and agree upon the amount of the debts and liabilities of the terri- tory, which shall be assumed and paid by each of the proposed states of North Dakota and South Dakota, and the agreement reached respecting the territorial debts and liabilities shall be incorporated in the respective constitutions, and each of said states shall oblige itself to pay its proportion of such debts and liabilities the same as if they had been created by such states respectively.

"Section 7. If the constitution formed for both North Dakota and South Dakota shall be rejected by the people at the election for the ratification or rejection of their respective constitutions as pro- vided for in this act, the territorial government of Dakota shall continue in existence the same as if this act had not been passed. But if the constitu- tion formed for either North Dakota or South Da- kota shall be rejected by the people, that part of the territory so rejecting its proposed constitution shall continue under the territorial government of the present territory of Dakota, but shall, after the state adopting its constitution is admitted into the Union, be called by the name of the territory of North Da- kota or South Dakota, as the case may be; Pro- vided, that if either of the proposed states provided for in this act shall reject the constitution which may be submitted for ratification or rejection at the election provided therefor, the governor of the ter-

ritory in which such proposed constitution was rejected shall issue his proclamation reconvening the delegates selected to the convention which formed such rejected constitution, fixing the time and place at which said delegates shall assemble; and when so assembled they shall proceed to form another constitution or to amend the rejected con- stitution, and shall submit such new constitution or amended constitution to the people of the pro- posed state for ratification or rejection, at such time as said convention may determine, and all the pro- visions of this act, so far as applicable, shall apply to such convention so reassembled and to the con- stitution which may be formed, its ratification or rejection, and to the admission of the proposed state.

"Section 8. That the constitutional convention which may assemble in South Dakota shall provide by ordinance for resubmitting the Sioux Falls con- stitution of 1885, after having amended the same as provided in Section 5 of this act, to the people of South Dakota for ratification or rejection at an election to be held in said proposed state on the said first Tuesday in October. And the constitu- tional conventions which may assemble in North Dakota, Montana and Washington shall provide in like manner for submitting the constitutions formed by them to the people of said proposed states, re- spectively, for their ratification or rejection at elections to be held in said proposed states on the said first Tuesday in October. At the election pro- vided for in this section the qualified voters of said proposed states shall vote directly for or against any articles or propositions separately submitted. The returns of said elections shall be made to the secretary of each of said territories, who, with the governor and chief justice thereof, or any two of them, shall canvass the same; and if a majority of the legal votes cast shall be for the constitution, the governor shall certify the result to the president of the United States, together with a statement of the votes cast thereon and upon separate articles or propositions, and a copy of said articles, proposi- tions and ordinances. And if the constitution and government of said proposed states are republican in form, and if all the provisions of this act have been complied with in the formation thereof, it shall be the duty of the president of the United States to issue his proclamation announcing the result of the election in each, and thereupon the proposed states which have adopted constitutions and formed state governments, as herein provided, shall be deemed

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Compendium history and biography of North Dakota; a history of early settlement, political history, and biography; reminiscences of pioneer life, Part 16

Author: Publication date: 1900 Publisher: Chicago, G.A.Ogle Number of Pages: 1432

Author:
Publication date: 1900
Publisher: Chicago, G.A.Ogle
Number of Pages: 1432