USA > North Dakota > Early history of North Dakota: essential outlines of American history > Part 53
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80
ADMINISTRATION OF FRANK WHITE
When Governor Fancher declined a renomination by his party, the Republi- can State Committee substituted Frank White of Valley City for the place. Mr. White had made a reputation as a soldier in the Philippines, where he served as a major in the First North Dakota. He had proved himself "in stern fight a warrior grim, in camp a leader sage." He was not only a courageous and effi- cient soldier, but an experienced legislator. He had a good grasp of civil affairs. He was elected in November, 1900, inaugurated in January, 1901, and served as governor until January, 1905.
During his administration the Legislature passed and he approved laws establishing an electric railway line from the capitol building to the penitentiary, to be owned and operated by the state, and establishing an institution for the feeble minded at Grafton.
The north wing of the capitol building was constructed during his admin- istration, and funds for the same were provided by the issuance of $100,000 of bonds secured by the lands granted by the National Government to the state for the erection of a capitol building and other public buildings at the seat of gov- ernment. The necessity for additional buildings and equipment for the public institutions of the state was imperative, and the financial resources of the state were insufficient to meet them. The state could not issue bonds for the purpose, as its debt limit of $200,000 was reached, and the scheme was devised for the issuance of bonds to be known as institution bonds. The payment of the interest and principal thereof to be secured by the pledge of the lands allotted to each institution from the grant of 500,000 acres of land by the United States. By various acts of the Legislature, the normal school, the university and school of mines, the agricultural college, the hospital for the insane, and the blind asylum,
430
EARLY HISTORY OF NORTH DAKOTA
the deaf and dumb asylum, and the industrial school, were authorized to issue bonds which aggregated a total of $581,000.
The bonds of the normal school at Valley City in the sum of $60,000, for the erection of necessary buildings, were issued. They were to run for twenty years, with annual interest at 4 per cent, and were sold to the Board of University and School Lands at par. The warrant of the Board of University and School Lands was drawn on the funds in the custody of Daniel H. McMillan, state treasurer, who refused to honor the same. The Board of University and School Lands then sued out a writ of mandamus in the Supreme Court to compel the state treasurer to pay the warrant, and place the bonds to the credit of the Board of University and School Lands, or show cause why he should not do the same.
In this action the Board of University and School Lands were represented by C. N. Frich, the attorney-general of the state, and Guy C. H. Corliss, of Grand Forks. Newman, Spalding & Stambaugh, of Fargo, appeared for the state treasurer. The court denied the writ. It held that the state constitution restricted the board in investing funds for the permanent school fund to four classes of securities, among which is "bonds of the State of North Dakota." And bonds of the State of North Dakota included only such bonds as are valid and constitutional within the constitutional debt limit and so certified by the state auditor and secretary of state, the payment of which is provided for by an irre- pealable tax levy in the act which authorized their issuance. That the act which authorized the issuance of $60,000 in bonds to procure funds to erect and equip buildings of the State Normal School at Valley City, and appropriating a suffi- cient portion of the interest and income dedicated to the support of that institu- tion to repay the principal and pay the interest on the sum so borrowed is uncon- stitutional and void, as it authorized the creation of a state debt in excess of the state debt limit and violates, therefore, the state constitution.
2. It authorizes the creation of a state debt and does not provide for a tax levy to pay the principal and interest as required by the constitution.
3. It diverts the interest and income dedicated to the support of this insti- tution to the payment of a state debt in violation both of the Enabling Act, and of the state constitution.
John M. Cochrane, judge of the Supreme Court, died on the 20th day of July. 1904, and the governor appointed Edward Engerud, of Fargo, to the vacancy thus created.
The Legislature also created the Eighth Judicial District, and the governor appointed L. J. Palda, of Minot, judge of this district.
Upon the expiration of his second term, Governor White returned to his home at Valley City and engaged in the insurance business, and was appointed by Governor Hanna in 1915 as a member of the Board of Regents, which has the charge of all the educational institutions of the state.
THE SARLES ADMINISTRATION
Elmore H. Sarles, a banker of Hillsboro, Traill County, was elected to suc- ceed Governor White in November, 1904, and was inaugurated governor in January, 1905. Governor Sarles was a sagacious, prudent and far-seeing business man, and his administration is notable for measures tending to promote the
GOVERNOR E. Y. SARLES
431
EARLY HISTORY OF NORTH DAKOTA
material interests and protect the morals and health of the state, and to improve the government of cities and municipalities of the state.
Among the laws tending to advocate and improve and promote the state's material interests, were:
I. A complete irrigation code.
2. Providing for the creation and regulation of water users' associations.
3. Regulating the manufacturing and sale of dairy products.
4. Organization of life insurance companies.
5. Organization and regulation of state banks, placing them under the super- vision and control of a state banking board.
6. Regulating the operation of automobiles.
7. Providing for a state census.
8. Creating the office of inspector of weights and measures.
9. Providing for the compilation and publishing of the revised codes of 1905. To protect the health of the people, were:
10. A pure drug law.
II. A pure food law.
To improve the government of cities and other municipalities, were :
12. A new charter for cities.
13. Establishment of park districts for cities.
14. The right of way for electric roads in cities.
15. Providing police for unorganized towns.
16. To preserve the purity of election, our primary election law.
The Legislative Assembly of 1905 enacted a law also for the reconstruction of the capitol building and the erection of a suitable residence for the governor, on lots owned by the state, by a board of capitol commissioners, appointed by the governor, by and with the consent of the Senate.
Governor Sarles appointed as such commission William Budge, of Grand Forks; Dan J. Laxdahl, of Cavalier, and Andrew Sandager, of Lisbon; who were promptly confirmed by the Senate. They gave the bonds required by the statute and organized by the selection of William Budge as chairman and Thomas Shaw of Pembina as secretary. The board was required by the statute to utilize in the plans and specifications for the capitol building the newly constructed north wing, and so much of the other portions of the capitol building as in their opinion could be used to advantage with regard to appearance and serviceable- ness of the building, and to sell such material in the present state capitol building as they deemed to be unavailable for use in the building and pay the proceeds thereof to the state treasurer to be credited by him to the capitol building fund.
APPROPRIATIONS
The Legislature appropriated for building capitol and executive mansion the sum of $600,000. To obtain this sum the Board of University and School Lands were by this same statute directed to sell sufficient lands belonging to the state and granted for the purpose of erecting public buildings and capitol building, by the act of Congress, known as the Enabling Act, or Omnibus Bill.
In anticipation of the receipts of proceeds from the sales of such lands, the commission was authorized to issue certificates of indebtedness in a sum not
432
EARLY HISTORY OF NORTH DAKOTA
exceeding six hundred thousand dollars bearing 5 per cent interest, payable annually.
The commission advertised for bids, and an application was made to the Supreme Court upon the relation of George Rusk for a writ of injunction. George A. Bangs, John A. Sorley of Grand Forks, and Burleigh F. Spalding of Fargo, represented the relator. C. N. Frich, attorney-general of the state, and Tracy R. Bangs, who had been retained by the commission to assist the attorney- general, appeared for the commission. The Supreme Court held the law uncon- stitutional and invalid, as an unwarranted delegation of legislative power in that the commission had unlimited discretion as to the cost of the capitol building, and the cost of the executive mansion, though by the way limited to $600,000.
No specific sum for capitol or mansion was appropriated by the Legislature and agents or officers of a state are not invested with powers of a purely gov- ernmental or legislative character, it should be noted here that this commission were de facto officers for some services, and in good faith incurred some expenses outside of the compensation allowed them by the statute. They retained Tracy R. Bangs to defend the commission law in the Supreme Court, but when the decision of the court was against them they failed to pay him for his services rendered in that capacity and the Legislature of the future, it is to be hoped, will provide the necessary funds to cover this expense.
GOVERNOR RENOMINATED
Governor Sarles was renominated by his party in convention assembled for the governorship. While as governor he had administered the fiscal affairs of the state with sagacity and fidelity, yet this was forgotten by the people and because he had appointed John Knauf, of Jamestown, to the Supreme Court to fill the vacancy caused by the resignation of Judge N. C. Young, he incurred the opposition of the lawyers of the state, who were favorable to Judge Charles J. Fisk, and this opposition, together with that of the State Enforcement League and the Woman's Christian Temperance Union and prohibition defeated him at the polls. At the expiration of his term of office he returned to Hillsboro, con- tinued in his banking business and engaged also extensively in farming and dealing in real estate.
JOHN BURKE ADMINISTRATION
John Burke, a lawyer of Devils Lake, was elected governor in 1906, after a strenuous campaign during which he canvassed all portions of the state with such force, political skill and foresight in the formation and management of political parties as to secure the endorsement and the support of the radical progressive element in the republican party, as well as the prohibition party. This coalition stood with him throughout his gubernatorial career; as a conse- quence, although in political faith, he was a democrat, he was re-elected governor in a republican state and served in that capacity three consecutive terms. His administration is particularly notable for legislation to enforce the prohibition law and to advance the cause of temperance in the state. The prohibition law of 1889, was strengthened and its enforcement facilitated by laws advocated and
EX-GOVERNOR JOHN BURKE
433
EARLY HISTORY OF NORTH DAKOTA
approved by him, which authorized the seizure and confiscation of intoxicating liquors imported into the state with or without a warrant, holding the owner of a building where liquor was kept for sale and sold as a beverage liable for the unlawful use, druggists' permits were to be granted by District Courts, after hearing of the application therefor, notice of application to be published for thirty days preceding the hearing. Liquor advertising was declared unlawful. The use of liquor on passenger trains, or in state institutions was prohibited, and the giving away or distribution of liquor to be used as a beverage was de- clared a violation of the prohibition law. Most important of all the actions to enforce the prohibition law was the one authorizing the appointment of a tem- perance commission and making an appropriation of $8,000 to carry out its provisions. The commission was authorized and empowered to exercise in every part of the state all of the common law and statutory powers of the states attorneys in the enforcement of the law against the manufacture and sale of intoxicating liquor, and empowering also the appointment of deputies and special enforcement sheriffs where the local authorities failed to enforce the law. The Supreme Court of the state in "Ex Parte Corliss," reported in 16 N. D. 470, held the law unconstitutional, as it sought to displace the regularly elected states attorney and sheriff in any county so far as the enforcement of the "prohibition law" was concerned. "The framers of the constitution considered it more con- ducive to the public welfare to have the functions of these officers performed by the officers elected by the people, than to entrust them to officers otherwise chosen."
In the direction of political reform during his administration there was enacted a general primary election law, a corrupt practice act, and providing for the primary election of delegates to national conventions of all parties and appro- priating $200 to each delegate to presidential national conventions to cover his expenses.
In the line of economy and to promote the general public welfare was the establishment of a hail insurance department in the office of the commissioner of insurance, the creation of a tax commission to supervise the assessment and collection of revenue of the state, and to discover and place on the tax roll prop- erty heretofore escaping taxation.
· In the same line of economy was the creation of a board of control of the normal schools of the state, and a board of control for the management of the charitable and reformatory and penal institutions, also an anti-pass law.
A feature of Burke's administration which won him the confidence and com- mendation of the people, was his unremitting attention to his public duties; to his private affairs and professional practice, he gave no time. All his energies and abilities were devoted to the state. His insistence that all state officers should, during their office life, reside at the "seat of government" and personally super- vise and conduct the affairs of. their respective offices, instead of leaving their administration to the care of deputies while they pursued their private business at their homes, as had in many instances in past administrations been done, was also a feature that contributed largely to his popularity with the people.
During his regime as governor, Martin N. Johnson, who had been elected United States senator to succeed Henry C. Hansbrough, died, and he appointed Judge Fountain L. Thompson, of Cando, to fill the unexpired term until a meet- ing of the Legislature. Judge Thompson served for a few months when he Vol. 1-28
434
EARLY HISTORY OF NORTH DAKOTA
resigned because of impaired health, and Governor Burke then appointed Wil- liam E. Purcell, of Wahpeton, as his successor.
NON-PARTISAN APPOINTMENTS
Burke was not a partisan when it was his duty to select judges either for the Supreme Court or District Court; in filling such positions he selected lawyers of unquestioned integrity and who possessed the legal knowledge and attainments befitting a judge.
In 1907 he appointed Burleigh F. Spalding, a republican judge of the Supreme Court, as the successor of Edward Engerud, resigned.
In January, 1909, when the membership of the Supreme Court was increased from three to five, he appointed John Carmody, of Hillsboro, a democrat, and S. E. Ellsworth, of Jamestown, a republican, as judges of the Supreme Court.
In 1911, upon the death of Judge David E. Morgan, he appointed Andrew A. Bruce, dean of the University Law School, a republican, to fill the vacancy.
In 1907 Charles J. Fisk was elected to the Supreme Court, thus leaving a vacancy in the First Judicial District. To fill this vacancy he appointed Charles F. Templeton, a democrat.
Judge E. B. Goss, of the Eighth Judicial District, was elected to the Supreme bench and he appointed K. E. Leighton, a republican, to fill the vacancy.
On the election of E. T. Burke to the Supreme Court, J. E. Coffey, a democrat, was appointed in the fifth district.
Upon the creation of the Eleventh Judicial District, he appointed Frank Fisk, a democrat, as the first judge thereof, and similarly upon the creation by the Legislature of the Twelfth Judicial District, he appointed S. L. Nuchols, of Mandan, a democrat, as judge of the district.
In the Baltimore convention, which nominated Woodrow Wilson for Presi- dent, Burke was the choice of his party in this state for vice president, and he polled a very substantial vote in the convention for that office. Among the early official appointments of President Wilson, was his appointment of John Burke as treasurer of the United States, which office he now holds.
ADMINISTRATION OF LOUIS B. HANNA
The republican party in 1911 was in a demoralized condition, being split into factions who were fighting among themselves for political supremacy, and it was apparent that unless a leader could be found, able to compose the differences of the discordant elements and sufficiently strong with the people to secure their support at the polls, there was eminent danger of its disintegration, and a per- petuation of democratic fusion rule in the state. The thinking conservative republicans regarded Louis B. Hanna, of Fargo, as the most available man for the purpose and solicited him to become a candidate for the governorship in the primary election to be held in June. Among the reasons which induced these elements to unite on Hanna, was his record as a legislator in both branches of the Legislature, where he had shown unusual capacity in advocating measures for the betterment of the people. The fidelity with which he looked after the interests of the state in Congress also commanded the respect and confidence of
HON. LOUIS B. HANNA
435 .
EARLY HISTORY OF NORTH DAKOTA
all classes. "The need of the hour" was a man not only experienced in legis- lative procedure, but one trained in business affairs, who could extricate the state from its financial difficulties and keep it moving forward on safe and sane lines. Hanna responded to this call and became a candidate for the governor- ship at the primaries in June, 1912, and was nominated and elected governor in November, 1912. He resigned his seat in Congress, was inaugurated governor in January, 1913, and delivered his inaugural message to the Legislative Assembly on January 10, 1913. The message dwelt upon the educational necessities in the state, especially the need of better schools in the country districts, to keep the farmers upon their farms by providing schools that would furnish to country children the same opportunity for higher education as those enjoyed by children in cities. Efficient high grade schools should be established in the districts to equip the boys and girls for their life work as well as to relieve the state institu- tions from doing secondary school work. In lucid, pertinent and persuasive language, Hanna recommended the adoption of a uniform system of accounting and reporting by the state. The same system should be used in every state institution and there should be a uniformity of system in all county auditors and treasurers' offices. The state institutions should have such a system as would enable their managing officers to render a trial balance of receipts and disburse- ments at all times and should send such trial balance at the close of each month to the auditor of state. He expressed the hope that legislation would be enacted to warrant and empower the governor to employ a firm of expert accountants to inaugurate a uniform system of accounting throughout the state.
The Legislature responded to this recommendation. It empowered the governor to employ accountants to devise and inaugurate a system and appro- priated funds to cover the expense. For the first time in the history of the state the land grant of the state was "checked up" and adjusted and every depart- ment of state was accurately audited from the beginning, and a uniform system of accounts was established in each department of the state, and in every state institution. The system is in force in many of the counties and is being extended to incorporated cities and towns. Its value can not be over-estimated, and credit must be given Mr. Hanna not only for suggesting this system, but also for putting it in force.
He suggested the desirability of a "state fire marshal" and the Legislature created the office and authorized him to appoint one.
He further recommended that some provision be made whereby commercial traveling men, railroad men, and railway mail clerks could vote when away from home, and the "absent voting" law resulted.
He suggested that the game law be amended so as to prohibit spring shooting of geese, and the establishment of a "state fish hatchery" with an appropriation of a sufficient sum from the general fund to maintain it, instead of using for that purpose a part of the "game fund." The Legislature adopted this suggestion and enacted the necessary laws.
He stated in his message that the coal imported into the state was not of the quality or standard the people paid for, and as a consequence the Legislature provided for coal inspection and the quality of coal shipped into the state has materially improved.
436
EARLY HISTORY OF NORTH DAKOTA
EXHIBITS OF PRODUCTS
The opening of the Panama Canal and the prospective advantage to the state therefrom were briefly referred to and his suggestion that the state would be benefited by an exhibition of its products, its soil and grasses, at the Panama Pacific International Exposition at San Francisco, was favorably considered and an appropriation was granted for the erection of a building to house the exhibits.
BATTLESHIP "NORTH DAKOTA"
During the administration of Governor Burke, the battleship North Dakota was launched and a fund to purchase a silver service to be presented to the ship by proposed subscription of $1 from individuals was raised. The "silver service" was ordered but the fund contributed during the Burke regime was $2,500 less than its costs. This sum Governor Hanna raised by private contributions, and he personally presented the service to the ship, May 5, 1915.
The fiftieth anniversary of the decisive battle of Gettysburg was celebrated in July, 1913, by a reunion of the survivors of the Civil war, both Union and Confederate, and he asked the Legislature "as a matter of sentiment and patriot- ism" to appropriate money to defray the expenses of all the old veterans in the state who could attend the reunion. The Legislature made the appropriation. Governor Hanna accompanied the soldiers from the state and participated in all the events of that great occasion. He was not a soldier himself, as he was born in 1861, but was a son of a soldier who had fought at Gettysburg. It is needless to add that no part of the legislative appropriation was used by him. He defrayed his own expenses and the old soldiers had the benefit of the state appropriation.
EXPERIMENTAL STATION
· During his career in Congress he was largely instrumental in securing an "experimental station" to be located in the north section of the "great plains" to demonstrate the kind and character of plants, shrubs and trees adapted to the climate and soil of the semi-arid lands of the United States. The "station" was located near the City of Mandan. To secure this location for the state it was stipulated that 320 acres of land adjoining land purchased by the Government, should be deeded to the North Dakota Agricultural College for the use of the "department of agriculture" in the establishment and maintenance of a field station in conducting experiments in dry land agriculture. This land was pur- chased and deeded by the citizens of Mandan. The governor recommended that as the experimental station was for the benefit of the whole state, these citizens should be reimbursed. The Legislature complied.
His experience as a banker convinced him that the people should be protected in their investments in bonds and stocks. The state had been exploited by min- ing, oil and insurance companies with little substance or capital behind them, to the great financial loss of many of its citizens. The Legislature passed what is popularly known as "The Blue Sky Law." It affords the desired protection. The Legislature of 1913 appropriated $8,000 for an exhibit at Christiania, Nor- way, the governor appointed a commission to gather exhibits of the products of
UNITED STATES BATTLESHIP NORTH DAKOTA
437
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.