Compendium history and biography of North Dakota; a history of early settlement, political history, and biography; reminiscences of pioneer life, Part 17

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 17

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COMPENDIUM OF HISTORY AND BIOGRAPHY.

admitted by congress into the union under and by virtue of this act on an equal footing with the original states from and after the date of said proclamation.

"Section 9. That until the next general census, or until otherwise provided by law, said states shall be entitled to one representative in the house of rep- representatives in the United States, except South Dakota, which shall be entitled to two; and the rep- resentatives of the fifty-first congress, together with the governors and other officers provided for in said constitution, may be elected on the same day of the election for the ratification or rejection of the constitution ; and until said state officers are elected and qualified under the provisions of each constitu- tion and the states, respectively, are admitted into the union, the territorial officers shall continue to discharge of the duties of their respective offices in each of said territories.

"Section 10. That upon the admission of each of said states into the union sections numbered 16 and 36 in every township of said proposed states, and where such sections, or any part thereof, have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equiva- lent thereto, in legal subdivisions of not less than one-quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said states for the support of common schools, such indemnity lands to be se- lected within said states in such manner as the leg- islature may provide, with the approval of the secretary of the interior ; Provided, that the 16th and 36th sections embraced in permanent reserva- tions for national purposes shall not, at any time, be subject to the grants nor to the indemnity pro- visions of this act, nor shall any lands embodied in Indian, military or other reservations of any char- acter be subject to the grants or to the indemnity provisions of this act until the reservation shall have been extinguished and such lands be restored to, and become a part of, the public domain.

"Section II. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than ten dollars per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legisla- tures shall prescribe, be leased for periods of not more than fifty years, in quantities not ex- ceeding one section to any one person or company ;

and such lands shal not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or un- surveyed, but shall be reserved for school purposes only.

"Section 12. That upon the admission of each of said states into the union, in accordance with the provisions of this act, fifty sections of the unappro- priated public lands within said states, to be selected and located in legal subdivisions as provided in Section 10 of this act, shall be, and are hereby, granted to said states for the purpose of erecting public buildings at the capital of said states for legislative, executive and judicial purposes.

"Section 13. That five per centum of the pro- ceeds of the sales of public lands lying within said states shall be sold to the United States subsequent to the admission of said states into the Union, after deducting all the expenses incident to the same, shall be paid to the state debt, to be used as a per- manent fund, the interest of which only shall be expended for the support of the common schools within said states respectively.

"Section 14. That the lands granted to the ter- ritories of Dakota and Montana by the act of Feb- ruary 18, 1881, entitled 'An act to grant land sto Dakota, Montana, Arizona, Idaho and Wyoming for university purposes,' are hereby vested in the states of South Dakota, North Dakota and Montana, respectively, if such states are admitted into the union as provided in this act, to the extent of the full quantity of seventy-two sections to each of said states, and any portion of said lands that may not have been selected by either of said territories of Dakota or Montana may be selected by the respect- ive states aforesaid; but said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than ten dollars per acre, and the proceeds shall constitute a per- manent fund to be safely invested and held by said states severally, and the income thereof be used ex- clusively for university purposes. And such quan- tity of the lands authorized by the fourth section of the act of July 17, 1854, to be reserved for uni- versity purposes in the territory of Washington, as, together with the lands confirmed to the vendees of the territory by the act of March 14, 1864, will make the full quantity of seventy-two entire sec- tions, are hereby granted in like manner to the state of Washington for the purpose of a university in said state. None of the lands granted in this sec- tion shall be sold at less than ten dollars per acre.

COMPENDIUM OF HISTORY AND BIOGRAPHY.

but said lands may be leased in the same manner as provided in section II of this act. The schools colleges and universities provided for in this act tions shall be sold at less than ten dollars per acre, the said states respectively, and no part of the pro- ceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college or university. The section of land granted by the act of June 16, 1880, to the territory of Dakota, for an asylum for the insane, shari, upon the admission of the state of South Dakota into the union, become the property of said state.

"Section 15. That so much of the lands be- longing to the United States as have been acquired and set apart for the purpose mentioned in 'An act appropriating money for the erection of a peni- tentiary in the territory of Dakota,' approved March 2, 1881, together with the buildings thereon, be, and the same are hereby, granted, together with any unexpended balances of the moneys appropri- ated therefor by the said act, to said state of South Dakota, for the purposes therein designated; and the states of North Dakota and Washington shall, respectively, have like grants for the same purposes, and subject to like terms and conditions, as pro- vided in said act of March 2, 1881, for the territory of Dakota. The penitentiary at Deer Lodge City, Montana, and all lands connected therewith, are set apart and reserved therefor, and are hereby granted to the state of Montana.

"Section 16. That ninety thousand acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which one hundred and twenty thousand acres are granted, for the use and support of agricultural colleges in said states, as provided in the acts of congress making donations of lands for such purposes.

"Section 17. That in lieu of the grant of land for purposes of internal improvements made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claims or demands by such states, or either of them, under the act of September 28, 1850, and Section 2479 of the Revised Statutes, making a grant of swamp or overflowed lands to certain states, which grant it is hereby declared is not extended to the states pro- vided for in this act, and in lieu of any grant of saline lands to said states, the following grants of land are hereby made, to-wit :

"To the state of South Dakota: For the school of mines, 40,000 acres; for the reform school, 40,- 000 acres; for the deaf and dumb asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for the university, 40,000 acres; for state normal schools, 80,000 acres; for public buildings at the capital of said state, 50,000 acres; and for such other educational and charitable purposes as the leg- islature of said state may determine, 170,000 acres ; in all, 500,000 acres.

"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 so far as practicable.

"That the states provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act. And the lands granted by this section shall be held, appropriated and disposed of exclusively for the purposes herein mentioned, in such man- ner as the legislatures of the respective states may severally provide.

"Section 18. That all mineral lands shall be exempted from the grants made by this act. But if sections 16 and 36, or any subdivision, or portion of any smaller subdivisions thereof in any township shall be found by the department of the interior to be mineral lands, said states are hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said states, in lieu thereof, for the use and benefit of the common schools of said states.

"Section 19. That all lands granted in quan- tity or as indemnity by this act, shall be selected under the direction of the secretary of the interior, from the surveyed, unreserved and unappropriated public lands of the United States within the limits of the respective states entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects of said states thic number of acres in each heretofore donated by congress to said territories for similar objects.

"Section 20. That the sum of $20,000, or so much thereof as may be necessary, is hereby appro- priated, out of any money in the treasury not other- wise appropriated, to each of said territories for defraying the expenses of the said conventions, except to Dakota, for which the sum of $40,000 is so appropriated, $20,000 each for South Dakota and North Dakota, and for the payment of the mem- bers thereof, under the same rules and regulations and at the same rates as are now provided by law

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COMPENDIUM OF HISTORY AND BIOGRAPHY.

for the payment of the territorial legislatures. Any money hereby appropriated not necessary for such proposed shall be covered into the treasury of the United States.

"Section 21. That each of said states, when admitted as aforesaid, shall constitute one judicial district, the names thereof to be the same as the names of the states, respectively; and the circuit and district courts therefor shall be held at the capital of such state for the time being, and each of said districts shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit, except Washington and Montana, which shall be attached to the ninth judicial circuit. There shall be appointed for each of said districts one district judge, one United States attorney and one United States marshal. The judge of each of said districts shall receive a yearly salary of $3,500, payable in four equal installments, on the first days of January, April, July and October of each year, and shall reside in the district. There shall be appointed clerks of said courts in each dis- trict, who shall keep their offices at the capital of said state. The regular terms of said courts shall be held in each district, at the place aforesaid, on the first Monday in April and the first Monday in November of each year, and only one grand jury and one petit jury shall be summoned in both said circuit and district courts.

"Section 22. That all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States upon any record from the supreme court of either of the ter- ritories mentioned in this act, or that may hereafter lawfully be prosecuted upon any record from either of said courts, may be heard and determined by said supreme court of the United States. And the man- date of execution or of further proceedings shall be directed by the supreme court of the United States to the circuit or district court hereby estab- lished within the state succeeding the territory from which record is or may be pending, or to the su- preme court of such state, as the nature of the case may require; Provided, that the mandate of execu- tion or of further proceedings shall, in cases rising in the territory of Dakota, be directed by the su- preme court of the United States to the circuit or district court of the district of South Dakota, or to the supreme court of the state of South Da- kota, or to the circuit or district court of the dis- trict of North Dakota, or to the supreme court of the state of North Dakota, or to the supreme court

of the territory of North Dakota, as the nature of the case may require. And each of the circuit, dis- trict and state courts herein named shall, respect- ively, be the successor of the supreme court of the territory, as to all such cases arising within the limits embraced within the jurisdiction of such courts respectively, with full power to proceed with the same, and award mesne or final process therein ; and from all judgments and decrees of the su- preme court of either of the territories mentioned in this act, in any case arising within the limits of any of the proposed states prior to admission, the parties to such judgments shall have the same right to prosecute appeals and writs of error to the su- preme court of the United States as they shall have had by the law prior to the admission of said state into the union.

"Section 23. That in respect to all cases, pro- ceedings and matters now pending in the supreme or district courts of either of the territories men- tioned in this act at the time of the admission into the union of either of the states mentioned in this act, and arising within the limits of any such state, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said territory ; and in respect to all other cases, proceedings and matters pending in the su- preme or district courts of any of the territories mentioned in this act at the time of the admission, of said territory into the union, arising within the limits of said proposed state, the courts established by such state shall, respectively, be the successors of said supreme and district territorial courts ; and and all files, records, indictments and proceedings relating to such cases, shall be transferred to such circuit, district and state courts, respectively, and the same shall be proceeded with therein in due course of law; but no writ, action, indictment, cause or proceeding now pending, or that prior to the admission of any of the states mentioned in this act shall be pending in any territorial court in any of the territories mentioned in this act, shall abate by the admission of any such state into the union, but the same shall be transferred and proceeded with in the proper United States circuit, district or state court as the case may be; Provided, however, thae in all civil actions, causes and proceedings in which the United States is not a party, transfers shall not

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COMPENDIUM OF HISTORY AND BIOGRAPHY.

be made in the circuit and district courts of the United States except upon written requests of the of the parties to such action or proceeding filed in the proper court ; and in the absence of such request such cases shall be proceeded with in the proper state courts.

"Section 24. That the constitutional conven- tions may, by ordinance, provide for the election of officers for full state governments, including mem- bers of the legislatures and representatives in the fifty-first congress; but said state governments shall remain in abeyance until the states shall be admitted into the union, respectively, as provided in this act. In case the constitution of any said pro- posed states shall be ratified by the people, but not otherwise, the legislature thereof may assemble, organize and elect two senators of the United States, and the governor and secretary of state of such proposed state shall certify the election of the senators and representatives as required by law ; and when such state is admitted into the union the senators and representatives shall be entitled to be admitted to seats in congress, and to all the rights and privileges of senators and representa- tives of other states in the congress of the United States; and the officers of the state governments formed in pursuance of said constitutions, as pro- vided by the constitutional conventions, shall pro- ceed to exercise all the functions of such state offi- cers ; and all laws in force made by said territories at the time of their admission into the union shall be in force in said states, except as modified or changed by this act or by the constitution of the states, respectively.

"Section 25. That all acts or parts of acts in conflict with the provisions of this act, whether passed by the legislatures of said territories or by congress, are hereby repealed.

CONSTITUTIONAL CONVENTION AT BISMARCK.

Immediately upon the passage by congress of the above bill, which divided the territory of Dakota into two about equal parts upon the seventh stand- ard parallel, and providing for the admission into the federal union of all that part of the same north of that line as a state to be known as North Da- kota, steps were taken to consummate the measure. Delegates to a convention to form a state constitu- tion, in conformity with the act, were chosen. These met in convention at Bismarck, July 4. 1889.

The roll of membership of this constitutional con- vention was the following, together with the county they represented.

Roger Allin, of Walsh; John Magnus Almen, of Walsh; Albert Francis Appleton, of Pembina ; Therow W. Bean, of Nelson ; James Bell, of Walsh; Richard Bennett, of Grand Forks ; Lorenzo D. Bart- lett, of Dickey; David Bartlett, of Griggs; Will- iam D. Best, of Pembina; Charles V. Brown, of Wells; Andrew Blewett, of Stutsman; William Budge, of Grand Forks ; Edgar W. Camp, of Stuts- man; Eben Whitney Chaffee, of Cass; John Em- mett Carland, of Burleigh; Charles Carothers, of Grand Forks; Horace M. Clark, of Eddy ; William J. Clapp, of Cass; Joseph L. Colton, of Ward; James A. Douglas, of Walsh; Elmer E. Elliott, of Barnes ; Frederick B. Fancher, of Stutsman ; George H. Fay, of McIntosh; Alexander D. Flemington, of Dickey; James Bennett Gayton, of Emmons; Benjamin Rush Glick, of Cavalier; Enos Gray, of Cass; Alexander Griggs, of Grand Forks; Harvey Harris, of Burleigh; Arne P. Haugen, of Grand Forks; Marthinus F. Hegge, of Traill; Herbert L. Holmes, of Pembina; Arne P. Haugen, of Grand Forks; Marthinus F. Hegge, of Traill; Albert W. Hoyt, of Morton; Martin N. Johnson, of Nelson ; William S. Lauder, of Richland; Addison Leech, of Cass; Martin V. Linwell, of Grand Forks; Jacob Lowell, of Cass; Edward H. Lohnes, of Ramsey; Michael K. Marrinan, of Walsh; J. H. Mathews, of Grand Forks; Olney G. Meecham, of Foster; John McBride, of Cav- alier ; Henry Foster Miller, of Cass; Samuel H. Moer, of La Moure; James D. Mckenzie, of Sar- gent ; Patrick McHuh, of Cavalier ; Virgil B. Noble, of Bottineau ; Knud J. Nomland, of Traill; James F. O'Brien, of Ramsey; Curtis P. Parsons, of Ro- lette; Albert Samuel Parsons, of Morton; Enge- bret M. Paulson, of Traill; Henry M. Peterson, of Cass ; Robert M. Pollock, of Cass; John Powers, of Sargent; Joseph Powles, of Cavalier ; William E. Purcell, of Richland; William Ray, of Stark; Rob- ert B. Richardson, of Pembina ; Alexander D. Rob- ertson, of Walsh; Eugene Strong Rolfe, of Ben- son ; William H. Rowe, of Dickey; Andrew Sanda- ger, of Ransom; John Shuman, of Sargent ; John W. Scott, of Barnes; John F. Selby, of Traill; Andrew Sloten, of Richland; Burleigh Folsom Spalding, of Cass ; Reuben N. Stevens, of Ransom ; Ezra Turner, of Bottineau; Elmer D. Wallace, of Steele; Abram Olin Whipple, of Ramsey ; J. Well-

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COMPENDIUM OF HISTORY AND BIOGRAPHY.

wood, of Barnes; and Erastus A. Williams, of Burleigh.

The meeting was called to order and the fol- lowing named made officers of the convention: F. B. Fancher, president ; J. G. Hamilton, chief clerk ; C. C. Bowsfield, enrolling and engrossing clerk ; Fred Falley, sergeant-at-arms ; J. S. Weiser, watch- man; E. W. Knight, messenger; George Kline, chaplain ; and R. M. Tuttle, official stenographer.

The convention was in session some six weeks, adjourning August 17, 1889, during which time they formed a constitution which was submit- ted to the voters of the new state for their ratifi- cation or rejection. The election for this purpose and for the election of state officers took place upon October 1, 1889, and out of a total vote cast of 35,548, those in favor of the adoption of the consti- tution were 27,441, while those against it were 8.107.

At the same election wherein the qualified voters of the new state gave their endorsement to the constitution prepared for them, the officers for the state of North Dakota were also chosen. John Miller was elected governor; Alfred M. Dickey, lieutenant-governor ; John Flittie, secretary of state ; John P. Bray, state auditor; L. E. Booker, state treasurer; George F. Goodwin, attorney- general; William Mitchell, superintendent of pub- lic instruction ; H. T. Helgesen, commissioner of agriculture and labor; and A. L. Carey, commis- sioner of insurance. Guy C. H. Corliss, Alfred Wallin and Joseph M. Bartholomew were at the same time chosen judges of the supreme court, and by lot it was decided that Judge Corliss should serve the three-year term, Judge Bartholomew the five, and Judge Wallin the seven-year term. The first board of railroad commissioners was composed of the following named gentlemen: George S. Mont- gomery, T. S. Underhill and David Bartlett.

The judges of the district courts, chosen at the same time, were, for the first district, Charles F. Templeton ; second district, David E. Morgan; third district, William B. McConnell; fourth dis- trict, W. S. Lauder ; fifth district, Roderick Rose, and sixth district, W. H. Winchester.

OFFICIAL VOTE FOR GOVERNOR.

The following will show the official vote by counties for the office of governor, at this, the first state election :

GOVERNOR.

COUNTIES.

JOHN MILLER,

ROACH,

DEM.

Barnes ..

1,191

498

Burleigh.

771

322

Benson.

467

111

Bottineau.

335

304

Billings.

Cass.

647

534

Cavalier

1,087

506

Dickey ..

241

161

Eddy.

391

Emmons.

235

131

Foster

1,929

1,263

Grand Forks.

346

205

Griggs.

259

Kidder.

594

235

La Moure.

Logan

680

335

Morton

219

McHenry

223

McLean

375

Mcintosh

Mercer.

628

260

Nelson

Oliver

1,553

1,241

Pembina.

181

Richland.

998

261

Ransom.

779

343

Ramsey

250

238

Rolette

432

182

Stark.

818

603

Stutsman.

546

Steele.

1,027

216

Sargent.

1,524

469

Traill

184

244

Walsh.

1,842

1,100

Wells

186

152

Ward

296

114

Tota

25,365

12,733

Majorit

12,632

PROCLAMATION OF ADMISSION.

All the requirements of the enabling act having been fulfilled, and the returns as directed for- warded to the president of the United States, Pres- ident Harrison issued, on November 2, 1889, his proclamation reciting the different provisions in the act authorizing the formation of the state, and showing that the same had been duly complied with, concluding: "Now, therefore, I, Benjamin Har- rison, president of the United States of America, do, in accordance with the act of congress afore- said, declare and proclaim the fact that the condi-

Towner.

1,199

771

Pierce.

2,712

1,411

REP.

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COMPENDIUM OF HISTORY AND BIOGRAPHY.

tions imposed by congress on the state of North Dakota to entitle that state to admission into the Union have been ratified and accepted, and that the admission of the said state into the Union is now complete.

"In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this second day of November, in the year of our Lord one thousand eight hundred and eighty-nine, and of the independence of the United States of Amer- ica the one hundred and fourteenth.

"By the President, BENJAMIN HARRISON.

"JAMES G. BLAINE, "Secretary of State."

STATE OFFICERS.

The first officers of the state of North Dakota were duly qualified November 4, 1889, and entered upon the duties of their several offices.

Those who have filled the various positions in the state government since its admission have been as follows, together with the years of their service:

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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 17

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