USA > North Dakota > Early history of North Dakota: essential outlines of American history > Part 52
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horse-stealing being the principal object in his warfare. Refusing to go upon a reservation, he gathered about himself the turbulent spirits of every tribe, whom he was content to allow to do the fighting in the battle of Little Big Horn, while he "made medicine" in the hills.
After the battle the Indians divided into two parts. Sitting Bull's command was attacked by General Miles, but Sitting Bull, with most of his faction, escaped to Canada, where he was taught by Major Walsh of the Mounted Police to write his name, and where he was finally induced to come into Fort Buford and sur- render in 1881, and was thereafter held at Fort Randall, until 1883, when he came under the jurisdiction of Major Mclaughlin.
Sitting Bull's price for signing his name was $1, but regarding the people on the Villard expedition able to pay the higher price, he charged them $1.50, and it was difficult to even get the three signatures mentioned by Major Mclaughlin without the price.
The author of this work accompanied Sitting Bull's party to Standing Rock on the occasion of his surrender in 1881, and his autograph, which appears at the head of this sketch, was procured for his daughter from Sitting Bull on that occasion ; the author, also, was at Bismarck on the two occasions mentioned by Major Mclaughlin. To Alexander McKenzie credit is due for the inception of the plan for the two celebrations so admirably carried out by Major Mclaughlin.
CHAPTER XXVI
THE STATE
"What constitutes a state? Not high raised battlements, or labored mound, Thick wall, or moated gate; Not cities proud, with spires and turrets crowned- Not bays and broad-armed ports. Where, laughing at the storm, proud navies ride; Not starred and spangled courts- Where low-browed baseness wafts perfume to pride. No !- men-high-minded men -- Men who their duties know, But know their rights, and knowing dare maintain." -Sir William Jones, 1745-1794-
North Dakota entered statehood with a bonded indebtedness of $539,807, some money in the treasury, $57,513, a capitol building costing some $200,000 and 600 city lots to sell.
South Dakota entered statehood with a bonded indebtedness of $750,000, a deficiency in her treasury of about $150,000, with no capitol building.
EXECUTIVE DEPARTMENT
The executive power of the state is devoted to and administered by commis- sions and boards. The constitution provides for two, the Board of Equalization and the Board of Pardons. The governor is a member of both. The most important commission and boards are the Taxation Commission, Board of Con- trol, and Board of Regents. The members of the commissions and boards are appointed by the governor, by and with the consent of the Senate. Their tenure of office is usually for two, four or six years, and while as a rule they consult the governor and enforce his policies in administering the affairs of their office, they frequently act on independent lines, to the serious political embarrassment and injury of the governor, as the people hold the governor responsible and not the commission and boards, for their mistakes of administration.
ADMINISTRATION OF JOHN MILLER
John Miller was the first governor of the state. As such governor, on Novem- ber 4, 1889, two days after the admission of the state to the Union, he issued his proclamation calling the Legislative Assembly to meet at Bismarck, on Tuesday, November 19, 1889, for the purpose of electing two United States senators, and
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The Wild Rose
Five petals of a pale, pink fint Are round its heart of gold, And hither, thither, without stint, It scatters o'er the world.
A touch of color, faint and tine The artist at his best. Beneath a careless, swift design, Supreme and self-confessed.
This flower that runs across the hill With such unconscious grace, That seeks some wilderness to lill And make a heavenly place; This masterpiece for common folk, Lit with the artist's joy, Let no unthinking, wanton stroke, No ruthless hand, destroy. -Marion Lisle.
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for the performance of such other legislative duties as might be in accordance with the constitution. The Legislature assembled, which convened November 19th, determined that the Federal law for the election of United States senators which prescribed that the Legislature should on the second Tuesday after its meeting and organization proceed to ballot for United States senators, each branch thereof to vote separately, was superseded by the Omnibus Bill, which conferred the power and made it the duty of the Legislative Assembly forthwith at its meeting and organization to ballot for United States senators. Accordingly, on November 20, 1889, the houses balloted separately, casting ballots for Gilbert A. Pierce, N. G. Ordway, Lyman R. Casey, republicans, and M. L. McCormick, democrat. The House was composed of sixty-two members, thirty-two being a majority. The Senate of thirty-one members, sixteen constituting a majority. Both houses met in joint session on Wednesday, the 21st day of November, as by law provided, and compared the journals of the respective houses, as to the number of votes cast for any person for United States senator, and it appearing from such comparison that Gilbert A. Pierce had received a majority vote in the Senate and House, he was by the joint assembly declared a duly elected United States senator.
It further appearing from a comparison of the journals that no one person had received a majority in each House for the second senator to be elected, the joint assembly took one ballot for United States senator, the law providing in that event that such assembly should meet at 12 o'clock M. and take at least one ballot each day until some one person received a majority vote of the joint assembly, and was thereby chosen senator. The joint assembly was composed of ninety-three, all the membership of the Senate and House, and forty-seven was a majority. The joint assembly met on several different days and took in all ten joint ballots. On the ninth joint ballot occurred an incident which is worthy of special mention, because conflicting versions of what actually took place on the ninth ballot were published by the press at the time.
The chief clerk of the House had been appointed by Lieutenant-Governor Dickey, the presiding officer of the joint assembly, as clerk of the joint sessions, and also appointed two tally clerks, one from the Senate force of clerks, the other from the House. The roll of the Senate was first called by the clerk, and then the roll of the House. The tally clerks recorded the votes as announced by the members. Upon the completion of the roll call it appeared that the tally clerks disagreed as to the number of votes cast for M. N. Johnson, N. G. Ord- way, and Lyman R. Casey. A verification of the vote was demanded. On the recall of the roll for verification purposes only, H. D. Court, an elderly mem- ber of the House, who had constantly voted for Ordway, attempted to change his vote from Ordway to M. N. Johnson. The right so to do was challenged by a number of the members. A motion to adjourn was interposed and before the announcement of the rolls of the ninth ballot the joint assembly dissolved. It was claimed that Johnson received a sufficient number of votes on this ninth ballot to elect him, if Court's vote on verification had been counted, but the records of the joint assembly which were approved by the assembly itself and published in the House Journal, do not support this claim. In fact, showed otherwise. It appears from them that he received 35 votes, while 47 were necessary to a choice. The names of these 35 appear in the journal and no other member of the joint
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assembly ever claimed that he had voted for Johnson on the ninth ballot. The highest vote Johnson received on any ballot was 42 on the second ballot, the lowest 28 on the sixth ballot. On the eighth ballot he received only 33.
FIRST LEGISLATURE 120 DAYS
The constitution provided that the first Legislative Assembly could sit for 120 days, while the life of all other sessions was limited to sixty days. Gov- ernor Miller in his first message suggested in a general way the imperative need of laws to put in force the various articles and the schedules of the constitution, particularly the article on prohibition, which prescribed "That the Legislative Assembly shall by law prescribe regulations for the enforcement of this article and shall thereby provide suitable penalties for the violation thereof." Comply- ing with the suggestions of Governor Miller, the Legislature enacted laws for
I. The organization and formation of state banks.
2. For the board of university and school lands.
3. Leasing and sale of school lands.
4. A state board of agriculture.
5. A uniform system of free public schools.
6. A joint commission to effect a final adjustment between the states of North and South Dakota.
7. A commission to supervise the surveying and marking the boundary line between North and South Dakota.
8. The prohibition law.
9. Assessment of railroad property.
All of which laws were approved by the governor.
On its own volition the Legislative Assembly enacted laws,
I. To establish, locate and maintain an agricultural college at Fargo.
2. An academy of science at Wahpeton.
3. A soldiers' home at Lisbon.
4. Deaf and dumb asylum at Devils Lake.
5. A normal school at Valley City.
6. A normal school at Mayville.
7. Regulating practice of medicine.
8. Abolishing the grand jury system and instituting informations by states attorneys instead of indictments.
The governor approved all these laws, excepting as to the normal school at Mayville, which he vetoed. The Legislature, however, passed it over his veto.
LOTTERY
It attempted to pass a law whereby the Louisiana Lottery scheme which had been denied an extension of its charter by Louisiana could be established and perpetuated in North Dakota. Geo. H. Spencer, formerly a United States sen- ator from Alabama, came to Bismarck and secured the introduction of a bill for that purpose in the Senate. It is known in the records as Senate Bill No. 167. It passed that body by more than a two-thirds vote.
Governor Miller then marshalled the force opposed to the lottery scheme and
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organized and conducted a vigorous and successful fight among the House members to prevent its passage in the House, or securing a two-thirds vote. He raised funds to circulate petitions remonstrating against the passage of the law, employed detectives to secure evidence of suspected bribery and corruption, inspired the publication of articles in the press opposing the lottery scheme, secured protests and letters from prominent business men and bankers of St. Paul, Minneapolis, Chicago and New York, all of which petitions, protests and letters were presented to the House and appear in its journal, and commanded representative men of all professions and classes in the state, who hastened to Bismarck and aided him in his efforts to defeat the bill. On its votes taken on the question of its reading and on motions to postpone its consideration, or resubmit it for amendment, the measure commanded only thirty-nine votes in the House, less than two-thirds vote of all the members elected.
The Congress of the United States enacted a law prohibiting the carriage of lottery tickets by corporations engaged in the transportation of interstate com- modities, and lottery and gift enterprise tickets were denied the use of the United States mails. The lottery advocates thus seeing their "occupation gone," as no lottery scheme could be worked to any advantage in the United States, abandoned the fight and on February 10th the House agreed to indefinite postponement of Senate Bill No. 167, and thus the lottery scheme went to its death.
Governor Miller's administration of state affairs was satisfactory to the peo- ple. They admired him as a man, believed in his policies and regretted his refusal to be a candidate for a second term. Upon the expiration of his term he moved to Duluth, Minn., where he engaged in a grain brokerage business and died there, October 26, 1908.
ADMINISTRATION OF ANDREW H. BURKE
Andrew H. Burke, a banker of Cass County, who was the successor of Miller, served as governor from January, 1890, to January, 1892. The leading feature of his administration were laws enacted by the Legislature for a military code authorizing the issuance of state bonds in the sum of $150,000 to pay North Dakota's share of the indebtedness of the Territory of Dakota, a general election law, a law to promote irrigation, and a law empowering the governor to appoint a commission to compile the laws. This commission discovered in searching the statutes, that there was no law for the election of presidential electors ; its absence debarring the people from voting for the President, or for a state canvassing board to canvass the vote cast for Congress, presidential electors, state, legislative or judicial officers. The commission reported this fact to the governor in May, 1891, who called a special session of the Legislature to convene at Bismarck on June 1, 1891.
In the meantime, the commission prepared bills to remedy the defects, and Governor Burke submitted them to the Legislature, which enacted them and the state voted for electors the first time in 1892, when Grover Cleveland was elected to the presidency. Governor Burke vetoed a bill favored by the farmers' alliance, which compelled railroads to lease sites on their right of way for the building of
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elevators and warehouses, for the storage of grain, on terms and conditions obnoxious to the railroads.
The governor considered the bill unconstitutional. The farmers' alliance resented his action and joining forces with the democrats formed a fusion party and although Burke had been nominated by the dominant republican party for a second term, defeated him at the polls. Like his predecessor, John Miller, he left the state and engaged in the grain business at Duluth, Minn., but was unsuccessful. When he was appointed through the influence of Senator Nelson, of Minnesota, an inspector of United States land offices, he moved with his family to Washington, D. C., but toward the close of Mckinley's first adminis- tration moved to the State of Colorado, and later to New Mexico.
THE SHORTRIDGE ADMINISTRATION
The farmers' alliance, the populists and the democrats of the state fused and elected Eli C. D. Shortridge, of Grand Forks County, as the successor of Burke. As forty-nine days of the session of the Legislature which convened during his regime as governor were consumed in the election of a United States senator, there was little time for law making, and outside of appropriations for the main- tenance of the public institutions of the state the principal laws enacted and approved by the governor, were a law authorizing the issuance of $50,000 of bonds to construct the south wing of the capitol building. The governor was chairman of the building committee and constructed this wing in 1894; a law creating a commission to revise and codify the laws ; a general drainage law; the purchase of an executive mansion; and an appropriation for a state elevator at Duluth, Minn. This was a pet measure of his administration, and was earnestly sup- ported by Governor Shortridge ; a constitutional amendment prohibiting lottery and gift enterprises was passed by the Legislature and referred to the next suc- ceeding Legislature to be, if approved by it, submitted to a vote of the people.
Governor Shortridge as chairman of the State Auditing Board, refused to audit or direct the payment of the accounts of the compilation commission, which had been appointed by Governor Burke, and had completed its labors, and made final report of its doings to the Legislature. This commission brought an action in the nature of mandamus in the District Court of Grand Forks County, before Chas. F. Templeton, judge, who granted an order directing him as chairman of the State Auditing Board to audit the accounts, and the state auditor to issue his warrants in payment thereof, or show cause why they should not so do. Upon the hearing of this order, the state was represented by William H. Standish, its attorney-general; John G. Hamilton, chairman of the commission, appeared for it. After taking testimony and listening to argument by the respective coun- sel, Judge Templeton granted a peremptory writ of mandamus which ordered the governor to audit the accounts, the auditor to issue his warrants upon the state treasurer, for the amount of the same, and the state treasurer to pay them. No appeal to the Supreme Court was taken from this writ and the governor approved the accounts, the state auditor issued his warrants therefor, and they were paid by the treasurer.
The balloting for United States senator began on January 18th, the leading candidates were Lyman R. Casey, a republican, and John D. Benton and William
ELI C. D. SHORTRIDGE Governor of North Dakota, 1893-4
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N. Roach, democrats, though many other persons received complimentary votes. The republicans who had a nominal majority of the Legislature, held a caucus and agreed upon Mr. Casey as their candidate, but through some invisible influ- ence, twelve republicans refused to enter the caucus, or be bound by its action. On the sixty-first ballot taken on the forty-ninth day, six republicans from Grand Forks County, together with other republicans from Burleigh, Cass, Pembina and Walsh counties, voted for the democratic candidate, William N. Roach, who received fifty votes, and was declared elected senator.
Alexander McKenzie, who was the principal manager of Casey's campaign, characterized the political apostasy of the republicans who voted for Roach, by saying : "I bow to the Benedict Arnolds and traitors of North Dakota."
When Governor Shortridge retired from his office, he was deeply involved financially. He was appointed clerk of the United States Land Office at Devils Lake, to which city he moved and where he died, February 4, 1908.
GOVERNOR SHORTRIDGE
Eli C. D. Shortridge was born in Cabell county, West Virginia, March 29, 1830. When he was three years of age, his parents settled in Monroe county, Missouri. He was educated in the district schools of the neighborhood and later at an academy at Paris, Mo. In 1860 he was married to Virginia Brady of Hannibal, Mo. The first Mrs. Shortridge passed away in 1880. In 1882 he was married to Miss Anna Burton of Moberly, Mo., at which time he moved his family to North Dakota, taking up his residence at Larimore, Grand Forks county. He later owned a large farm eight miles north of Larimore, where he resided when elected governor in 1892 on the fusion ticket of democrats and populists, serving one term. He was closely identified with the early struggles of the pioneers of North Dakota, and was deeply loyal to the state and all its interests to the day of his death. His last active part in politics was the nominating of John Burke for the office of governor at a state convention of democrats at Minot; Burke served three con- secutive terms, and was in office at time of ex-Governor Shortridge's death, February 4, 1908.
Mrs. Shortridge and five children survive the ex-governor : three by his first marriage, Charles G. Shortridge of Thunder Hawk, S. D., and Miss Lila V. Short- ridge and Mrs. D. A. Stewart of Spokane, Wash. And the twin daughters by his last : Juliette-Mrs. Orville C. Duell of New Rockford, N. D .- and Frances- Mrs. N. C. Barrett of Church's Ferry, N. D.
Governor Shortridge was a true man, a loyal citizen, a faithful executive, con- scientious and competent.
THE ROGER ALLIN ADMINISTRATION
Roger Allin, a republican and farmer of Walsh County, succeeded Shortridge. No legislation of special import was submitted to him for approval, except the garnishment laws, laws for the protection of dairy products, establishing a fish hatchery providing for a geological survey of the state, and creating a historical commission, and the general appropriations for the support and maintenance of the public institutions of the state. The Legislative Assembly of the Shortridge
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administration in anticipation that the state would have sufficient revenue from taxes to meet the same, had made large appropriations for all state purposes. The panic of 1893 caused a depression of business throughout the nation, crops were poor in the state, and the prices obtained for farm products low, and as a conse- quence the people were unable to pay their taxes, and a heavy indebtedness incurred by virtue of the appropriations of the Shortridge administration existed at its close.
The Allin administration inherited it. The Legislative Assembly overlooked this fact, and made appropriations of the public money in excess of the current revenue from taxes, with the intent, as Governor Allin believed and so expressed himself at the time, to discredit his administration. When the appropriations bills reached him, he, reasoning from his experience in careful and successful man- agement of his own affairs, felt that he was rebuking the tendency to excessive appropriations; and was leading up to rigid economy, which was the watchword of his administration, availed himself of the constitutional provision, which empowered the governor to veto separate items of the appropriation bill, and vetoed the items for the maintenance of the university, and the normal schools at Valley City and Mayville, reducing the appropriations for Valley City and Mayville from $24,000 and $24,860 to $4,600 and $7,760 respectively ; the univer- sity from $63,000 to $15,980, or merely enough to complete the current college year. The agricultural college received $11,250 of the $19,000 appropriated by the Legislature.
This act was severely criticized and condemned by the people living in Grand Forks, Traill and Barnes counties, as unnecessary and a discrimination against the educational interests of the state. The people residing in the immediate vicinity of these institutions, together with others from other parts of the state, and from friends of education from other states, raised sufficient funds to main- tain them for two years. Subscriptions to the amount of $24,513.90 were secured from private sources, for the maintenance of the university, $1,287.50 was con- tributed from outside the state. The amount contributed for the support of the normal schools of Mayville and Valley City is not a matter of record.
Receipts and in some instances certificates were issued to these contributors, the expectation being that the state would in the near future redeem them. These receipts and certificates were in no sense legal obligations of the state, but they were issued by the trustees appointed to govern these institutions and certainly are moral obligations of the state, and should be redeemed by the state. No gov- ernor of the state, however, has had, in view of the financial resources of the state, the courage to recommend their redemption, and no Legislature the courage to appropriate therefor.
The action of Governor Allin in vetoing these appropriations contributed to defeating his nomination by his party for a second term to which he aspired. He retired from public life at the end of one term as governor and continued living moderately and quietly at his home in Park River, Walsh County, as a retired farmer.
FRANK A. BRIGGS AND JOSEPH M. DEVINE ADMINISTRATION
Frank A. Briggs of Mandan, a republican, was the successor of Governor Allin. He had filled with conspicuous ability the office of state auditor, and
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understood the financial resources of the state, and was well equipped to admin- ister its affairs, but unfortunately he died of tuberculosis in July, 1898, and Joseph M. Devine, by virtue of his office as lieutenant-governor, filled the unex- pired term.
During the life time of Governor Briggs, the Legislative Assembly passed and he approved a general railway law regulating the transportation of pas- sengers and freight, and a general revenue law, many of its provisions having been suggested by the governor. The system of taxation prescribed in this law has stood since as the law of the state with but little change. One section was held unconstitutional by the Supreme Court.
THE FANCHER ADMINISTRATION
Frederick B. Fancher, of Jamestown, a republican, who had been president of the constitutional convention and served the state with rare fidelity as insur- ance commissioner, for four years, was inaugurated governor in January, 1899. The most notable event of his administration was the establishment of a twine and cordage plant in the penitentiary. He was renominated by his party for gov- ernor, but by reason of ill health declined the honor. He moved to Sacramento, Cal., in 1900, and there engaged in mercantile pursuits.
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