USA > South Dakota > Minnehaha County > History of Minnehaha county, South Dakota. Containing an account of its settlements, growth, development and resources Synopsis of public records, biographical sketches > Part 11
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Second term, March, 1891. Court convened March 10. E. Par- liman, judge; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenographer. For the same reason as at the last term, court could not be held in January. At this term there were ten jury trials-five civil and five criminal cases. In the criminal cases three were convicted, one acquitted, and in one case the jury disagreed. There were fifty cases upon the calendar. The jury was discharged March 27.
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HISTORY OF MINNEHAHA COUNTY.
Third term, July, 1891. Court convened July 7. E. Parliman, judge; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenographer. No jury trials were had at this term.
Fourth term, March, 1892. Court convened March 16. E. Par- liman, judge; D. R. Bailey, state's attorney; John Sundback, sheriff; Albion Thorne, clerk; E. P. White, stenographer. There were only two criminal cases tried, one resulting in a verdict of guilty, and the other of not guilty, it being a liquor prosecution in which the evi- dence was conclusive on the part of the prosecution, and when the jury went out to consider the case, the defendant's attorney said: "There will be a verdict of guilty returned within ten minutes." Fourteen civil cases were tried to a jury, resulting in eleven verdicts for the plaintiffs and two for the defendants, and one special verdict. The last case was tried on the 30th day of March.
Fifth term, July, 1892. Court convened July 5. E. Parliman, judge; D. R. Bailey, state's attorney: John Sundback, sheriff; Albion Thorne, clerk; E. P: White, stenographer. This was a short, unim- portant term, with only three cases tried to a jury, resulting in ver- dicts for the plaintiffs. The last case was tried on the 18th day of July.
Sixth term, January, 1893. Court convened January 3. E. Par- liman, judge; D. R. Bailey, state's attorney; George A. Knott, sher- iff; Albion Thorne, clerk; E. P. White, stenographer. There were nineteen jury trials, resulting in sixteen verdicts for the plaintiffs, two for the defendants and one disagreement of the jury. The last case was tried January 21.
Seventh term, July, 1893. Court convened July 5. E. Parli- man, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; E. P. White, stenographer. Twenty-three civil cases were tried to a jury; nineteen verdicts were returned for the plaintiffs and four for the defendants. The jury was discharged July 17.
Eighth term, March, 1894. Court convened March 12. E. Par- liman, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk: George M. Higby, stenographer. There were five jury trials -- one criminal, with a verdict of guilty, and four civil, with three verdicts for the plaintiffs, and one disagreement of the jury. The last case was tried March 17.
Ninth term, July, 1894. Court convened July 31. E. Parliman, judge; D. R. Bailey, state's attorney; George A. Knott, sheriff; Albion Thorne, clerk; G. M. Higby, stenographer. There were no jury trials at this term of court.
Tenth term, February, 1895. Court convened February 12. E. Parliman, judge; P. J. Rogde, state's attorney; C. W. Hubbard, sheriff; Harry B. Carleton, clerk; G. M. Higby, stenographer. There were six jury trials at this term of court, with three verdicts for the plaintiffs, two for the defendants and one disagreement of the jury.
Eleventh term, July, 1895. Court convened July 2. E. Parli- man. judge; P. J. Rogde, state's attorney; C. W. Hubbard, sheriff;
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JUDGE EDWIN PARLIMAN.
JUDGE WILLIAM A. WILKES.
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Harry B. Carleton, clerk; G. M. Higby, stenographer. There were seven civil cases tried to a jury. The jury was discharged on Tues- day, the 9th day of July.
Twelfth term, March, 1896. Court convened March 3. E. Par- liman, judge; P. J. Rogde, state's attorney; C. W. Hubbard, sheriff: Harry B. Carleton, clerk; T. G. Brown, stenographer. There were eight civil cases tried to a jury, and seven verdicts rendered for the plaintiffs, and one for the defendant. The jury was discharged March 16.
Thirteenth term, July, 1896. Court convened July 7. E. Par- liman, judge; P. J. Rogde, state's attorney; C. W. Hubbard, sheriff: H. B. Carleton, clerk; T. G. Brown, stenographer. One civil case was tried to a jury, and verdict rendered for the plaintiff. The case of State vs Sexton was tried at this term, and verdict rendered against the defendant. Court adjourned July 17.
Fourteenth term, February, 1897. Court convened February 2. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Dona- hoe, sheriff; Walter J. Crisp, Jr., clerk: T. G. Brown, stenographer. Eleven civil cases were tried to a jury. Five verdicts were rendered for the plaintiffs and five for the defendants, and in one case the jury disagreed. On the 10th day of February the jury was dis- charged.
Fifteenth term, July, 1891. Court convened July 13. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk; Thomas Wilkes, stenographer. Five civil cases were tried to a jury. Three verdicts were rendered for the plaintiffs, one for the defendant. and in one case the jury disagreed. The jury was discharged July 23.
Sixteenth term, February, 1898. Court convened February 28. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk: Ernest Wilkes, stenographer. Seven cases were tried to a jury. Two verdicts were rendered for the plaintiffs, and five for the defendants. Court adjourned March 11.
Seventeenth term, July, 1898. Court convened July 19. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Donahoe, sheriff; W. J. Crisp, Jr., clerk; Miss Alice Bassett, stenographer. Only two cases were tried, and court adjourned July 25.
Eighteenth term, February, 1899. Court convened February 14. W. A. Wilkes, judge; C. P. Bates, state's attorney; Den Dona- hoe, sheriff; W. J. Crisp, Jr., clerk. This was a short term, with only a few cases.
Nineteenth term, July, 1899. Court convened July 11, and ad- journed July 15. The judge, and other officers of the court were the same as the term preceding. A few jury trials were had.
CHAPTER IV.
CONSTITUTIONAL CONVENTIONS - TERRITORIAL AND STATE OFFICERS.
Three conventions have met at different times in the city of Sioux Falls, each of which drafted a state constitution which was submitted to the vote of the people within the present limits of the State of South Dakota. The instrument prepared by the last conven- tion is the constitution under which the state was admitted into the Union. To this result the citizens of this county contributed their full proportion of labor and thought. It is fitting therefore, that a brief history of what was known at the time as "the struggle for statehood" should appear in this volume.
During the session of the territorial legislature in 1883, a bill passed both Houses providing for a constitutional convention to be held at the capital in October of that year for the purpose of framing a constitution for a state to comprise all that portion of the Terri- tory of Dakota south of the forty-sixth parallel. This measure did not become a law, owing to the fact that Governor Ordway would not approve it, and did not return it to the legislature with his objections.
At the same session of the legislature the seat of government was removed from Yankton, and a commission of nine were appointed to locate and establish it elsewhere on or before the first day of July, 1883. The course of the governor and his supposed hostility to the southern portion of the territory, and the fact that the seat of gov- ernment was on wheels and would probably be located at some place without regard to the convenience of that portion of the territory south of the forty-sixth parallel, aroused the representative men in this section, and disregarding all former affiliations, they determined to put in operation the machinery to secure statehood as quickly as possible.
A delegate convention of the people was called to be held at Huron June 19, to devise a plan of action. Prior to the meeting of the convention some strong articles were published in the news- papers, advocating the right of the people south of the forty-sixth parallel to proceed at once to organize a state. The division of the territory having been refused by Congress, and the usual method of adopting a constitution and asking for admission into the Union having been prevented by the adverse action of Governor Ordway,
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it was urged that the people could exercise their reserved and ex- traordinary rights vested in them by the constitution of the United States, and in their sovereign capacity create a state.
The convention assembled. It was composed of the strongest and most capable men then residing in the territory represented. It was a great convention in every respect, and did its work with a calm deliberation and sagacity that encouraged the friends of the movement. The address to the people, setting forth the causes leading to the demand of division and admission, rose to the highest plane of assertion of political rights. A great metropolitan news- paper at the time, in commenting upon this address, said: "There must be a copy of the Declaration of Independence somewhere in the southern part of Dakota territory." E. W. Caldwell of Sioux Falls was chairman of the committee which prepared the address.
The ordinance adopted by this convention presented a full and concise statement of the facts as they existed, and resolved and ordained "that for the purpose of enabling the people of that part of Dakota south of the forty-sixth parallel to organize and form a state government and make application for admission into the Union of the States, a delegate convention is hereby called to meet at Sioux Falls on Tuesday the 4th day of September, 1883, for the purpose of framing a state constitution republican in form, and doing and performing all other things essential to the preparation of the territory for making application to the general government for the admission of such part of Dakota into the Union of the States, and that said convention shall be composed of one hundred and fifty members." This ordinance also provided that the election of the members to this convention should be held on August 1, and provided for the canvass of the returns and issuing of certificates to the per- sons elected.
In selecting the place for holding the constitutional convention, the final vote stood, Sioux Falls 212. Deadwood 92.
CONSTITUTIONAL CONVENTION, 1883.
On the day appointed, 120 delegates elected to this convention met at Germania hall in Sioux Falls and the remainder of the dele- gates were all present before the close of the convention.
The late Hon. John R. Gamble called the convention to order, and J. W. Taylor of Canton, acted as secretary. The roll of the delegates was called, and then, upon the request of the chairman, the Rev. J. N. McLoney, pastor of the Congregational church at Sioux Falls, offered prayer. Hon. Jefferson P. Kidder, associate justice of the supreme court, administered the oath to all of the del- egates present. A. C. Mellette was called to the chair. On the second day, the permanent organization of the convention was effected by the election of the Hon. Bartlett Tripp, president; C. H. Winsor, secretary; H. M. Avery, first assistant secretary; and T. A. Kingsbury, second assistant secretary; Joseph M. Dickson, sergeant-
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at-arms; Lynn Parmley, William McCormack, Sioux Grigsby and George Dickson were appointed pages.
The executive committee appointed at the Huron convention re- ported as soon as the convention was organized, that it had received $590.50, and expended $413.50, leaving a balance of $177.00, which was turned over to the convention.
On the third day of the convention Mrs. Marietta Bones, of Day county, obtained permission to address the convention for five min- utes in support of a petition, which she presented from the citizens of Day county, asking that "a section providing for female suffrage be incorporated in the constitution." Permission was granted, and she addressed the convention for four minutes only. In justice to Mrs. Bones, we ought perhaps to say, she has since then been converted and is now opposed to female suffrage. After the appropriate com- mittees had been appointed, the convention went to work with a will, and during the greater part of the time held three sessions daily. It completed its work and adjourned on the 19th day of September.
No abler body of men ever assembled within the boundaries of the State of South Dakota for any purpose whatever. To enumerate all those in the convention who were strong representative men, qualified and equipped for the work they had to do, would result in almost a complete roll call of its members.
The members from Minnehaha county were R. F. Pettigrew, M. Grigsby, W. W. Brookings, B. F. Campbell, John Bippus, Albion Thorne, G. D. Bannister and W. C. Lovering.
The constitution adopted was an admirable document, and by comparison with the organic law of the State of South Dakota at the present time, it will be seen that this convention did not labor in vain. The incorporation of prohibition was strenuously advocated, but the convention wisely concluded that it wasinexpedient to burden its adoption at the polls with such an issue. But to allay all opposi- tion to it for this reason, the constitution provided that amendments should be submitted to the vote of the people whenever a majority of the members elected to the legislature should vote to do so, and also any amendment asked for by a petition to the legislature of five thousand legal voters, should be submitted to a vote of the people within six months after the adjournment of the legislature. The vote upon the adoption of this constitution was 12,336 for, and 6,814 against. The vote in Minnehaha county was small, but there was an even five hundred majority against its adoption.
The following committee was appointed by the convention to wait upon Congress with the constitution in the interest of admission to statehood: Bartlett Tripp of Yankton, A. G. Kellam of Chamber- lain, John R. Whiteside of Vermillion, M. H. Day of Springfield, John M. Pease of Mt. Vernon, W. H. Brayton of Ree Heights, S. H. Bronson of Howard, James A. Ward of Pierre, John Cain of Huron, A. W. Hager of Mitchell, O. S. Gifford of Canton, George Freeman of Elk Point, James Baynes of Alexandria, F. M. Goodykoontz of Chamberlain, Robert Dollard of Scotland, C. H. Winsor and W. W. Brookings of Sioux Falls, Newton Edmunds of Yankton, A. C. Mel- lette of Watertown, B. G. Caulfield and G. C. Moody of Deadwood,
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H. J. Campbell of Yankton, E. W. Foster of Frankfort, Thomas Sterling of Northville, A. Boynton of Lennox, R. W. Welch of Plank- inton, and R. C. Lake and C. L. Wood of Rapid City.
The convention also appointed an executive committee and clothed them with power to advance the cause of statehood, but as there was a restrictive clause in the schedule declaring "that noth- ing in this constitution and schedule contained shall be so construed as to authorize any officer elected under the provisions of this con- stitution to undertake the exercise or discharge of his official duties, until this constitution shall take effect by the admission of the state into the Union," no effective work was done by them.
After the Huron convention, but before the adoption of this con- stitution, the seat of government was located at Bismarck. This act on the part of the commissioners only intensified the feeling in southern Dakota for division and admission.
A great effort was made in the northern part of Dakota to create a sentiment throughout the territory in favor of "One Great State" and it had its advocates south of the forty-sixth parallel; but the southern people could not be converted to this view, and day by day grew more and more determined that a division of the territory should be made, and statehood accomplished.
CONSTITUTIONAL CONVENTION, 1885.
Early in the summer of 1884. an active campaign was inaugurated in South Dakota to secure the election of members to the legislature to convene at Bismarck in January, 1885, who were favorable to the division of the territory, and statehood for that part south of the forty-sixth parallel.
The object of this was to obtain the passage of a law authoriz- ing the holding of a constitutional convention to draft a constitution for southern Dakota, and to provide the means for defraving the ex- penses of such convention.
It was a successful campaign. The "Band Wagon" labeled "For Division and Admission" was driven all over southern Dakota, and its approach was a source of great rejoicing and enthusiasm by all the candidates for legislative honors.
The legislature convened and a bill was promptly introduced and passed, authorizing the holding of a constitutional convention at Sioux Falls, September 8, 1885.
Preceding the enacting clause in this law, there was a preamble setting forth that the welfare of the people would be promoted by the establishment of a permanent government, sovereign in char- acter, republican in form; that the territorial system of government had no stability, was temporary in character, possessed no sovereign power, did not meet the requirements of the people; that it had al- ways been the wise policy of the present government to foster and encourage the development and settlement of the territories until such time as their population should be sufficiently numerous to en-
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title them to be admitted into and become a part of the United States, and that that part of the Territory of Dakota south of the forty-sixth parallel, contained a population sufficient to entitle it to admission, and that Congress had so declared by its action upon the bill for the admission of such part of Dakota into the Union; that it had all the other necessary qualifications, and that the people were desirous of being enfranchised and enjoy all the privileges of Amer- ican citizenship.
At the time of the enactment of this law, Gilbert A. Pierce was governor, and he approved it March 9, 1885.
This law provided for the election of three delegates on the 30th day of June, 1885, apportioned among the several counties of south- ern Dakota; and that each county that should be organized before the date of the election, should be entitled to one delegate in the con- vention.
The compensation of the members of the convention was fixed at $2.50 for each day's attendance, and five cents a mile for each mile necessarily traveled in going to and returning from such convention.
This act directed the convention when assembled, to draft a constitution for that portion of Dakota south of the forty-sixth par- allel, and to provide for an election by the people of the proposed state, at which election the constitution should be submitted to the people for ratification; that the state officers, members of Congress, members of the legislature and all other officers provided for in the constitution should be elected, and that the convention should have power to provide all necessary means for holding such election, and for assembling such legislature when elected, and for carrying into effect all the purposes of such constitution.
It also conferred the power on the convention to provide the manner of presenting the constitution to the Congress of the United States, and to do and ordain all things necessary to be done for the purpose of carrying into effect the government of the state as soon as it should be admitted to the Union.
It also appropriated for the purpose of defraying the expenses of the convention the sum of twenty thousand dollars; but provided that the members should not receive pay for a session of more than thirty days.
The convention assembled at noon on the 8th day of September, 1885, at Germania hall, in the city of Sioux Falls, and was called to order by the Hon. John H. Teller, secretary of the territory, and prayer was offered by the Rev. A. Jamieson, pastor of the Methodist church at Sioux Falls. The roll of the delegates elected was then called by Secretary Teller, and the oath administered by him to all those who were present. The Hon. A. J. Edgerton was unanimously elected president; John Cain of Huron, secretary, and H. M. Avery of Sioux Falls, assistant secretary.
Upon the organization being perfected, Henry Neil of Grant offered a resolution that the convention adjourn sine die. This resolution was prefaced by a preamble declaring that it was not the desire of the people of the territory that the southern portion should be admitted separately to statehood; but that they desired admission of the whole territory as one state. A motion was made that the
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resolution be laid on the table, and upon the veas and nays being called for, it resulted in 59 votes for and 12 against, whereupon a mo- tion was made to reconsider the motion to lay on the table, and that the motion to reconsider be laid on the table, which mo- tion prevailed without division. The necessary committees were then appointed and the rules and order of business adopted, and the convention, in imitation of its predecessor of 1883, went at the work before it with commendable promptitude and energy. This conven- tion had among its members a large number of the "old war horses" in the interest of statehood for southern Dakota, quite a number of them having been prominent leaders in the convention of 1883. It was a distinguished, representative body of men. The delegates from Minnehaha county were: E. P. Beebe, A. J. Berdahl, W. W. Brookings, C. S. Gifford and J. B. Goddard.
The convention concluded its labors on the 22d day of Septem- ber, having been in session the same number of days as the one two years previous.
The constitution framed by this convention is the Organic Law of the State of South Dakota.
As independent propositions, the convention submitted the questions of prohibition and minority representation.
On Tuesday, the 3d day of November, an election was held to determine whether the constitution should be ratified or rejected, and also to determine whether prohibition and minority representa- tion should beeome a part of the constitution in the event of its rati- fication.
The election resulted in the ratification of the constitution by a vote of 25,132 for and 6,522 against.
The vote on prohibition was 15,552 for and 15,218 against.
The vote on minority representation was 11,256 for and 16,640 against.
The question of temporary seat of government resulted in the following vote: Huron, 12,695; Pierre, 10,574; Sioux Falls, 3,338; Chamberlain, 3,170; Alexandria, 1,374; scattering, 602.
The official returns of the election in Minnehaha county were as follows: for the constitution 1,298, against 515; for prohibition 901, against 886; for seat of government, Sioux Falls 1,842, Pierre 29, Huron 5.
The following state officers were elected: A. C. Mellette, gover- nor; A. E. Frank, lieutenant governor; Hugh S. Murphy, secretary of state; Frank Alexander, auditor; D. W. Diggs, treasurer; Robert Dollard, attorney general; A. S. Jones, superintendent of instruction; W. H. H. Beadle, land commissioner. Judges of the supreme court. A. G. Kellam, Dighton Corson, and John E. Bennett. Circuit judge, H. H. Keith. Representatives to Congress, O. S. Gifford, T. D. Kanouse. State senators, C. E. Mckinney, G. H. Johnson. Repre- sentatives from Minnehaha county, Lewis Lyman, J. R. Manning, E. P. Beebe, and Lemuel Shaw. There was only one ticket in the field in this county.
Before closing its work the convention appointed an executive committee, and empowered it, in the event of the ratification of the constitution in November, to call the senators and representatives
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elected together at such place as should be selected as the temporary seat of government, to organize as the legislature of Dakota, and to exercise and perform the duties devolving upon them as such legis- lature under the constitution. The chairman of the committee was Hugh J. Campbell, and immediately after the canvass of the vote on the 25th day of November, the committee directed the members elect to meet at Huron on the 14th day of December.
A brief statement of what was done by this legislature may not be out of place here. Almost the entire number elected presented themselves at Huron at the appointed time, and the oath of office was administered to them by Hugh J. Campbell. Both Houses proceeded at once to elect the usual officers of such bodies. Immediately there- after the two Houses met in joint session, and Mr. Campbell admin- istered the oath of office to the state officers, including the judges of the supreme court. This completed the first day's work.
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