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STATE OF NORTH D AKOTA,"' ' : 1 "V . d '" ='- 



iser. 



LEGISLATIIE MANML 



CONTAINING THE 



Constitution of North Dakota, 



ALSO 



RULES AND STANDING COMMITTEES 

OF THE FIFTH LEGISLATIVE ASSEMBLY 



AND 



HISTORICAL, STATISTICAL AND POLITICAL 
INFORMATION. 



Published by Authority. 






BISMARCK, N. D.: 
Tribune, State Printers and Binders, 

1897. 






^^5^^ 



OFFICIAL DIRECTORY. 



STATE GOV^ERNMENT. 
EXECUTIVE DEPARTMENT. 

Frank A. Briggs, Governor, Bismarck. 
George H. Phelps, Private Secretary, Bismarck. 
Frank Moran, Stenographer, Bismarclc. 
Joseph M. Deyine, Lieutenant-Governor, LaMoure. 

department of state. 

Fred Falley, .Secretary of State, Bismarck. 
E. D. Barber, Deputy, Bismarck. 
William O. DePuy, Cleik, Bismarck. 

auditor's department. 

N. B. Hannum, Auditor, Bismarck. 
A. D. Lucas, Ueputy, Bismarck. 

E. B. Hannum, Clerk, Bismarck. 

treasurer's department. 

George E. Nichols, Treasurer, Bismarck. 
M. M. Cook, Deputy, Bismarck. 

INSURANCE department. 

F. B. Fancher, Commissioner of Insurance, Bismarck. 
Thomas Poole, Deputy, Bismarck. 

LEGAL DEPARTMENT. 

John F. Cowan, Attorney General, Bismarck. 
John F. Philbrick, Assistant, Bismarck. 

DEPAR-tMENT OF PUBLIC INSTRUCTION. 

John G. Halland, Superintendent of Public Instruction, Bismarck. 
\Vm. M. Cochran, Deputy, Bismarck. . 

Margaret H. Davidson, Stenographer, Bismarck. 

BUREAU OF LABOR AND STATISTICS. 

H. U. Thomas, Commissioner of Agriculture and Labor, Bismarck. 
M. M. Miller, Deputy, Bismarck. 

COMMISSIONERS OF RAILROADS. 

George H. Keyes, L. L. Walton, John R. Gibson, Commmis- 
sioners of Kailroads, Bismarck. 

J. E. Phelan, Secretary, Bismarck. 

LAND DEPARTMENT. 

Board of University and School Lands- Superintendent of Public 
Instruction, Governor, Attorney General, Secretary of State, State Auditor. 
George H. Winters, Land Commissioner, Bismarck. 
Walter F. Gushing, Deputy, Bismarck. 



Viii LEGISLATIVE MANUAL, 



DEPARTMENT OF JUSTICE. 

(;uY 0. H. Corliss, Chief Justice, Grand Forks. 

Alfred H. Wallin, Associate Justice, Fargo. 

J. M. Bartholomew, Associate Justice, Bismarck. 

R. D. HosKiNS, Clerk of Supreme Court. Bismarck. 

J. M. Cochrane, Reporter of Supreme Court, Grand Forks. 

District Judges— First district, Charles J. Fisk, Grand Forks; second 
district, D. E. Morgan, Devils Lake; third district, Charles Pollock, Fargo; 
fourth district. W. S. Lauder, Wahpeton; fifth district, S. L. Glaspell» 
Jamestown; sixth district, W. H. Winchester, Bismarck; seventh district. 
(). E. Sauter, Grafton. 

TERMS OF SUPREME AND U. S. COURTS. 

Supreme Court— At Bismarck, first Tuesdays In October and April. 

United States Court— At Bismarck, first Tuesday In March; Devils Lake, 
first Tuesday In July; Fargo, third Tuesday in May; Grand Forks, second 
Tuesday in November. 

MILITIA. 

Commander-in-Chief— Governor Frank A. Briogs, Bismarck. 
Adjutant General— E. S. Miller, Jamestown. 

MISCELLANEOUS BOARDS AND OFFICERS. 

Oil Inspector— Wm. C. Badger, Mandan. 

State Examiner— H. A. Langlie, Bismarck. 
Deputy— R. E. Wallace. Bismarck. 

State Board of Equalization— Governor, auditor, attorney general, 
commissioner of agriculture and labor and treasurer. Sessions at capitol. 
third Monday in January and second Monday in August. 

Historical Commission— Governor, auditor, secretary of state, commis- 
sioner of agriculture and labor, Wm. H. Morehead and the president of 
North Dakota Historical Society, (Col. C. A. Lounsberry). 

TRUSTEES OF PUBL'C INSTITUTIONS, ETC. 

There are boards to be filled from time to time by appointment or by 
appointment from the governor (and confirmation by the senate) as fol- 
lows: Dental examiners, (5;) medical examinern, (9); state board of 
health, (8); veterinary medical examiners. (8); veterinarians, (seven— one 
from each judicial district besides one chief); state board of agriculture, 
(7); trustees reform school, (5): penitentiary, (5); hospital for Insane, 
(5); normal schools— MayviUe and Valley City— (6 each) ; agricultural col- 
lege. (7); university, (5); blind asylum, (5): school for the deaf. (5); in- 
dustrial school. (8) ; board of pharmacy, (3); soldiers' home, (5); state 
agent prevention cruelty to animals; superintendent of irrigation and 
forestry. 

FEDERAL OFFICIALS. 

United States Circuit Judges— Hon. H. C. Caldwell, Little Rock, Ark., 
Hon. Walter H. Sanborn, St. Paul, MUin.; Hon. Amos M. Thayer, St. 
lx)uis. Mo. 

United States District Judge—* Hon. C. F. Amidon. Fargo. N. D. 

UnitedStatesDlstrlct Attorney- Tracy R. Bangs. Grand Forks, N. D. 

United States Marshal— J. E. Cronan, Fargo. N. D. 

Clerk of United States District and U. S. Circuit Courts— J. A. Mont- 
gomery, Fargo, N. D. 

Surveyor (Jeneral- Andrew Blewett. Bismarck, N. D. 

Deputy U. S. Revenue Collector— G. A. Lleber, Jamestown, N. D. 



• Appointed to succeed Hon. A. D. Thomas, deceased. 



STATE OF NORTH DAKOTA. IX 



UNITED STATES LAND OFFICERS. 

Riemflppk i E- -^' Lanib. Register. 

Bismarck ♦ F. M. Kinter, Receiver. 

ppanri p-nrk* ' i J' V. Brookc, Register. 

Grand Forks 1 C. M. English, Receiver. 

npviu T akA i ^' Noble, Register. 

Devils Lake J^ ^ ^ Schmidt, Receiver 

v^^„r. i A. E. Sunderhaul, Register. 

'^^80 > T. Martin. Receiver. 

Ttn„«f i M. Barrett, Register. 

^^°^^ '( John Ely, Receiver. 

CONGRESSIONAL. 

United States Senators— Henry C. Hansbrough, Devils Lake; William 
N. Roach, Larlmore. 

Representative in Congress— Martin N. Johnson, Petersburg. 



PARTY ORGANIZATIONS. 
Republican. 

al Committeeinan— W. H. Boui-vson, Mayville. 

LPLICAN STATE CEXTBAL tOM.MITTEK. 

airman. Grand Forks. 
,, Secretary, Fargo. 

T. J. Baird, Lakata 

II. H. HcMlltan Ungdou 

C. J. Lord. Caodo 

O. I), Comslock Vlonewaukari 

A. O. Whipple DevlK Lake 
Hark E. Wilson I'esseurteu 
AH. H. Ellaworllt Tamestou n 
O. N. Valentine LaMouie 

T. F. Uarahall Oakes 
J. H. WIshek. Ashlej 
Edward S. Allen Bismarck 
F. W. Gathro. tjottlneau 

B. W. DftvlcrsOE Mlnot 
Geoi^H. BlDgenheimer Maudaii. 
M. L. Ayers. I)ickla>{0n 

At Large-E, C Couper drand I orks. 

itha P. Bray. Grand Forks. 



Xatloaal Committeeman —Isaac P. Bakeh. Bismarck. 
UEMOCHATIC STATE CENTRAL COMMITTEE. 



F. A. Raliders. lAkotH. 
.folin McBrlde, Milton. 
T. W. Conyers Cando 
l>. J. UnimmoDd MlDDeMAiik 
J. B. Eaton, Uerlls Lake 
K, P. Allison, New Kocktord 
(). A. Lleber. Jameslovn 
J. M. H. Stover LaMoiire 
Ed. N. Llebey, hllendale 
W. J. Dwyer, Naiwleon 
James H. Holt BlsmarLk 
,1. H. Joiinsou Towner 
Jolin A. Ely, Mlnot 



STATE OF NORTH DAKOTA XI 



EXKCUTIVK COMMITTEE. 

Thomas Kleinogle, (^eorge Armstrong. Buffalo. 

J. B. Eaton, R. Q. Bartlett, Forman. 

E. C. Carruth. Gus. Lieber. Jamestown. 

Ex-officio. James H. Holt, Bismarck. 

M. L. McGormack, Grand Forks. J. M. Ghlsholm, Hamilton. 
T. W. Conyers, Cando. 

Independent. 

National Committeeman— Walter Muir, Hunter. 

INDEPENDENT STATE CENTRAL COMMITTEE. 

Frank J. Thompson, Chairman, Fargo. 
FiNLEY Grant, Secretary, Fargo. 



Note.— In tlie list of newspapers, pages 115-116, the names of the 
Nord Dakota Presse, at Wahpeton, the People's Advocate, at Valley City, 
and the Moon, at Hanna, are unintentionally omitted. It is also not re- 
corded in the history of legislative sessions that a special session was held 
beginning June 1, 1892, and concluding June 3. 1892, for the purpose of 

Sassing acts proTiding for* the election of presidential electors and state, 
istrict snd county officers; to create a state board of canvassers; to gov- 
ern contests concerning electors; to make appropriation for pay of presi- 
dential electors, and to make appropriation for the World's Fair building. 



STATE OF NORTH DAKOTA. Xlll 



HISTORICAL. 



Dakota is an Indian name and signifies ^'confederated" or 
''leagued together,'* and applied originally to the Sioux confed- 
eration of Indians. The present state of North Dakota, to- 
gether with that of South Dakota, was a part of the territory 
purchased in 1803 of France by President Thomas Jeflferson 
for the sum of fifteen million dollars and the assumption of 
certain claims held by citizens of the United States against 
France, which made the purchase amount to twenty seven 
million two hundred and sixty-seven thousand six hundred 
and twenty-one dollars and ninety eight cents ($27,267,62198), 
and which was known as the Louisiana purchase. 

October 1, 1803, that part of the new purchase lying 
south of Arkansas was formed into the ''Territory of Orleans;" 
the remaining portion, which includes the states of Arkansas, 
Missouri, Iowa, Minnesota, Kansas, Nebraska, part of Colo- 
rado, North and South Dakota, the Indian Territory and a 
part of Wyoming was formed into the District of Louisiana, 
and the governing power was vested in a governor and judge 
of what was then known as the Indian Territory. President 
Jefferson having great confidence in the future greatness of 
the West, sent in 1804, an exploring expedition in charge of 
Captains Lewis and Clark, who were the first to traverse the 
entire length of the Missouri river, and in 181)4-5-6 gave 
to the world the first general account of Dakota. Lewis and 
Clark camped the first winter among the Mandan Indians, at 
Fort Mandan, which was in latitude 47 degrees, 21 minutes, 
47 seconds— some twelve or fifteen miles above Washburn in 
McLean county. 

The first mention of the country v^fest of the Great Lakes 
was made by Nicollet, sent out by the French authorities at 
Quebec in 1639. Nicollet called the inhabitants Nadsuessioux, 
whi<^ was abbreviated into Bioux by the later French ex- 
plorers. The Sioux were warlike and the enemy of all other 
tribes, and hence the name of Sioux, or enemy. 

July 1, 1805, congress designated the District of Louisi- 
ana as the territory of the same name, and placed the legisla- 
tive power in the hands of a governor and tnree judges 
named by the president and confirmed by the Senate of the 
United States. December 7, 1812, the name of the territory 
was changed to **Territory of Missouri," and limited power 
granted the people residing therein to elect a legislative 
body. June 28, 18S4, congress created the territory of 



XIV LEGISLATIVE MANUAL, 



Michigan, which included that part of Dakota, North 
and South, lying east of the Missouri and White Earth 
rivers, and including the present states of Michigan, 
Wisconsin, Iowa and Minnesota. The territory of 
Wisconsin was established July 3. 1836, and included 
that part of the state of North Dakota lying east of 
the Missouri and White Earth rivers. June 12, 1838, the 
territory of Iowa was organized, including pan of the present 
state of North Dakota ; March 3, 1849, the territory of Min- 
nesota was established, which covered that part of the state of 
North Dakota lying east of the Missouri river; May 30, 1854, 
the territory of Nebraska was organized and that part of the 
states of North and South Dakota lying west of the Missouri 
and White Earth rivers, and which had previous to that time 
been known as "Mandan Territory," was included in Nebraska 
Territory. 

Minnesota became a state on the 11th day of May, 1858; 
from that date until the second day of March, 1861, all that 
part of both North and South Dakota east of the Missouri 
and White Earth rivers was without legal name or existence. 

The bill incorporating the present states of North and 
South Dakota as Dakota Territory was signed by President 
Buchanan on March 2, 1861. On May 27th thereafter Presi- 
dent Lincoln appointed as the first governor of Dakota Terri- 
tory Dr. William Jayne, of Springfield, III. Dr. Jayne had 
been a young man who grew up as a physician while Lincoln 
was developing as a lawyer in Springfield, the then new 
capitol of Illinois, and a close personal friendship had existed 
between the two until Lincoln had become president of the 
United States; and in recognition of the friendships of his 
earlier days he appointed Dr. Jayne as the first governor of 
what was then to his mind the most promising territory yet 
organized. 

The employes of various fur companies were the first 
white settlers of the territory of Dakota. As early as 1808 the 
government established Fort Clark on the Missouri at the 
mouth of the Knife river— a point about seven miles up the 
river from where Lewis and Clark had in 1803 spent the winter 
and established what they called Fort Mandan. In 1810 
Lord Selkirk built a fort at Pembina on the Red Kiver a short 
distance below the international boundary line. Fort Pierre 
was built in 1829 and the first steamer ascended the Missouri 
river in 1830. In 1839 Gen. John C. Fremont crossed over the 
country from the Missouri to the James rivers thence across 
the country to Devils Lake. Catlin, the famous Indian painter, 
whose collection, the largest in the world of pictures of 
noted Indian chiefs — now owned by the government and 
on exhibit in the national museum at Washington- 
traveled bve^ the country in 1841. A majority of these pictures 
were painted from sittings in life. Captain Pope's map of a 
trip to the Red River in 1849, and which is now on file in the 



KTATE OP NORTH DAKOTA. XV 



war department at Washington, designates all the country 
around Devils Lake as a ''salt water region," and Lieutenant 
Warren who explored the "Dacouta" country under the di- 
rection of the government in 1855 said the territory was occu- 
pied by powerful tribes of roving savages and "is only adapted 
to a mode of life like theirs." 

Grov. William Jayne arrived at Yankton, which was desig- 
nated in the act organizing the territory of Dakota, as the 
territorial capital, on May 27, 1861, and proceeded to the or- 
ganization of a territorial government. Yank^on remained 
the capital from that date until the 2d day of June, 
1883, when it was removed from Yankton to Bismarck which 
remained the t^ritorial capital until the formation of the 
states of North and South Dakota. The territorial legisla- 
ture passed an act in 1883 providing for the removal of the 
territorial capital from Yankton to a point designated by com- 
missioners appointed for the location of the new capitol. The 
following persons were appointed as such commissioners, viz: 
Alexander McKenzie,. Milo W. Scott, Burleigh F. Spaulding, 
Charles H. Myers, George A. Matthews, Alexander Hughes, 
Henry H. DeLong, John P. Belding and M. D. Thompson. The 
capital commission, at a session held in the city of Fargo, on 
the 2nd day of June, 1883, located the territorial capital at 
Bismarck. 

A bill known as the "omnibus bill" and which was an act 
dividing the territory of Dakota into the states of North and 
South Dakota, and enabling the two Dakotas, Montana and 
Washington to formulate constitutions, was approved Febru- 
ary 22, 1889, and a constitutional convention was held at Bis- 
marck, beginning July 4, 1889. A constitution was formii- 
lated and subfbitted to a vote of the people of the state of 
North Dakota at an election called for that purpose, and to 
elect state officers, October 1, 1889. There were 27,440 votes 
cast for and 8,107 against the adoption of the constitution. 



THE ENABLING ACT. 

[Approved February 22, 1889.] 

An act to provide for the division of Dakota into two states and to enable 
the people of North Dakota, South Dakota, Montana and Washington 
to form constitutions and state governments and to be admitted into 
the union on an equal footing with the original states, and to make 
donations of public lands to such states. 

Section 1. That the inhabitants of all that part of the 
area of the United States now constituting the territories of Da- 
kota, Montana and Washington, as at present described, may 
become the states of North Dakota, South Dakota, Montana 
and Washington, respectively, as hereinafter provided. 

Sec. 2. The area comprising the territory of Dakota 
shall, for the purposes of this act, be divided on,theline of the 
7th standard parallel produced due west to the western boun- 
dary of said territory; and the delegates elected as herein- 
after provided to the constitutional convention in districts 
north of said parallel shall assemble in convention, at the time 
prescribed in this act, at the city of Bismarck; and the dele- 
gates elected in districts south of said parallel shall, at the 
same time, assemble in convention at the city of Sioux Falls. 

Sec. 3. That all persons who are qualified by the laws of 
said territories to vote for representatives to the legislative as- 
semblies thereof are hereby authorized to vote for and choose 
delegates to form conventions in said proposed states; and the 
qualifications for delegates to such conventions shall be such 
as by the laws of said territories respectively persons are re- 
quired to possess to be eligible to the legislative assemblies 
thereof; and the aforesaid delegates to form said conventions 
shall be apporlioned within the limits of the proposed states, in 
such districts as may be established as herein provided, in 
proportion to the population in each of said counties and dis- 
tricts, as near as may be, to be ascertained at the time of mak- 
ing said apportionments by the persons hereinafter authorized 
to make the same, from the best information obtainable, in 
each of which districts three delegates shall be elected, but 
no elector shall vote for more than two persons for delegates 
to such conventions; that said apportionment shall be made 
by the governor, the chief justice and the secretary of said 
territories; and the governors of said territories shall, by proc- 
lamation, order an election of the delegates aforesaid in each 
of said proposed states, to be held on the Tuesday after the 
second Monday in May, 1889, which proclamation shall be 
issued on the fifteenth day of April, 1889; and such election shall 



2 LEGISLATIVE MANUAL, 



be conducted, the returns made, the result ascertained, and 
the certificates to persons elected to such conventions issued 
in the same manner as is prescribed by the laws of the said terri- 
tories regulating elections therein for delegates to congress: 
and the number of votes cast for delegates in each 
precinct shall also be returned. The number of del- 
egates to said conventions respectively shall be 75; 
and all persons resident in said proposed states 
who are qualified voters of said territories as herein pro- 
vided, shall be entitled to vote upon the election of dele- 
ga'es, and under such rules and regulations as said conven- 
tions may prescribe, not in conflict with this acr, upon the 
ratification or rejection of the constitutions. 

Sec. 4. That the delegates lo the conventions elected as 
provider! for in this act shall meet at the seat of government of 
each of said territories, except the delegates elected in South 
Dakota, who shall meet at the city of Si mx Falls, on the 
fourth day of July, 1889, and after organization shall declare, 
on behalf of the people of said proposed states, that they 
adopt the constitution of the United States; whereupon the 
said conventions shall be, and are hereby authorized to form 
constitutions and state governments for said proposed states 
respectively. The constitutions shall be republican in form, 
and make no distinction in civil or political rights on account 
of ra'e or co'or, except as to Indians not tnxed. and not be 
repugnant to the constitution of the United States and the 
principles of the declaration of independence. And said con- 
ventions shall provide, by ordinances irrevocable without the 
consent of the United States and the people of said states: 

Pirsr. That perfect toleration of religious sentiment 
shall be secured, and that no inhabitant of said states shall 
ever be mo ested in person or property on account of his or 
her mode of religious worship. 

Second. That the people inhabiting said proposed states 
tlo agree and declare that they forever disclaim ail right and 
title tf> the unappropriated public lands lying within the 
boundaries thereof, and to all lands lying within said liiuite 
owned or held by any Indian or Indian tribes; and that until 
the title thereto shall have been extinguished by the United 
States, the same shall be and remain subject to the disposi- 
tion of the United States, and said Indian lands shall remain 
under the absolute jurisdiction and control of the congress of 
the United States: that the lands belonging to citizens of the 
United States residing without the said states shall never be 
taxod at a higher rate than the lands belonging to residents 
thereof; that no taxes shall be imposed by the states on lands 
or property therein belonging to or which may hereafter be 
purchased by the United States or reserved for its use. But 
nothing herein, or in the ordinances herein provided for, shall 
preclude the said states from taxing as other lands are taxed 
any lands owned or held by any Indian who has severed his 



STATE OF NORTH DAKOTA. 



tribal relations, and has obtained from the United States or 
from any person a title thereto by patent or other grant, save 
and except such lands as have been or may be granted to 
any Indian or Indians under any act of congress contnining a 
provision exempting the lands thus granted from taxation; 
but said ordinances 'shall provide that all such lands shall be 
exempt from taxation by said states so long and to such ex- 
tent as such act of congress may prescribe. 

Third. That the debts and liabilities of said territories 
shall be assumed and paid by sai<l states respectively. 

Fourth. That provision shall be made for the establish- 
ment and maintenance of systems of public schools, which 
shall be open to all the children of said statts, and free 
from sectarian control. 

Sec. 5. That the convention which shall assemble at Bis- 
marck shall form a constitution and state government for a 
state to be known as North Dakota, and the convention which 
shall assemble at Sioux Falls shall form a constitution and 
state governmeut for a state to be known as South Dakota; 
provided, that at the election for delegates to the constitu- 
tional convention in South Dakota, as hereinbefore provided, 
each elector may have written or printed on his ballot the 
words "For the Sioux Falls Constitution," or the words 
"Against theSioux Falls Constitution," and the votes on this 
question shall be returned and canvassed in the same manner 
as for the election provided for in Sec. 3 of this act; and if a 
majority of all votes cast on this question shall be "For the 
Sioux Falls Constitution" it shall be the duty of the conven- 
tion which may assemble at Sioux Falls, as herein pro- 
vided, to resubmit to the people of South Dakota, for ratifica- 
tion or rejection, at the election hereinafter provided for in 
thi- act, the constitution framed at Sioux Fails and adopted 
Nov. 3. 1885, and also the articles and propositions separately 
submitted at that election, including the question of locating 
the temporary seat of government, with such changes ouly as 
relate to the name and boundary of the pr posed state, to the 
reappnrtionment of the judicial and legislative districts, and 
such amendments as may be necessary in order to comply 
with the provisions of th«s act; and if a majority of the votes 
cast on the ratification or rejection of < he constitution shall 
be for the constitution irrespective of the articles separately 
submitted, the state of South Dakota shnll be admitted as a 
s'ate in the union under said constitution as hereinafter pro- 
vided; but the archives, records and books of the territory 
of Dakota shall remain at Bismarck, the capital of North Da- 
kota, until an agreement in reference thereto is reached by 
said states. But if at the election for delegates to the consti- 
tutional convention in South Dakota a majority of all the 
votes cast at that election shall be "Against the Sioux Falls 
Constitution," then and in that event it shall be the duty of 
the convention which will assemble at the city of Sioux Falls 



LEGISLATIVE MANUAL, 



on the fourth day of July, 1889, to proceed to form a constitu- 
tion and state government as provided in this act the same as 
if that question had not been submitted to a vote of the 
people of South Dakota. 

Sec. 6. It shall be the duty of the constitutional 
conventions of North Dakota and South Dakota to ap- 
point a joint commission to be composed of not less 
than three members of each convention, whose duty 
it shall be to assemble at Bismarck, the present seat 
of government of said territory, and agree upon an 
equitable division of all property belonging to the territory 
of Dakota, the disposition of all public records, and also 
adjust and agree upon the amount of the debts and liabilities 
of the territory which shall be assumed and paid by each of 
the proposed states of North Dakota and South Dakota, and 
the agreement reached respecting the territorial debts and lia- 
bilities shall be incorporated in the respective constitutions^ 
and each of said states shall obligate itself to pay its propor- 
tion of such debts and liabilities the same as if they had been 
created by snch states respectively. 

Sec. 7. If the constitutions formed for both North Dakota 
and South Dakota shall be rejected by the people at the elec- 
tions for the ratification or rejection of their respective consti- 
tutions as provided for in this act, the territorial government 
of Dakota shall continue in existence the same as if this act 
had not been passed. But if the constitution formed for 
either North Dakota or South Dakota shall be rejected by the 
people, that part of the territory so rejecting its proposed con- 
stitution shall continue under the territorial government of 
the present Territory of Dakota, but shall, after the state 
adopting its constitution is admitted into the Union, be called 
by the name of the Territory of North Dakota or South Da- 
kota, as the case may be; provided, that if either of the pro- 
posed states provided for in this act shall reject the constitu- 
tion which may be submitted for ratification or rejection at 
the election provided therefor, the governor of the territory in 
which ouch proposed constitution was rejected shall issue his 
proclamation reconvening the delegates elected to the con- 
vention which formed such rejected constitution, fixing the 
time and place at which said delegates shall assemble; and 
when so assembled they shall proceed to form another consti- 
tution or to amend the rejected constitution, and shall sub- 
mit such new constitution or amended constitution to the 
people of the proposed state for ratification or rejection, at 
such time as said convention may determine; and all the pro- 
visions of this act, so far as applicable, shall apply to such 
convention so reassembled and to the constitution which may 
be formed, its ratification or rejection, and to the admission 
of the proposed state. 

Sec. 8. That the constitutional convention which may 
assemble in South Dakota shall provide by ordinance for re- 



STATE OF NOR'J'H DAKOTA. 



submitting the Sioux Falls constitution of 1885, after having 
amended the same as provided in Sec. 5 of this act, to the 
people of South Dakota for ratification or rejection at an elec- 
tion to be held therein on the first Tuesday in October, 1889; 
but if said constitutional convention is authorized and re- 
quired to forp a new constitution for South Dakota it shall 
provide for subniitting the same in like manner to the 
people of South Dakota for ratification or rejection at nn elec- 
tion to be held in said proposed state on the said first Tuesday 
in October. And the constitutional conventions which may 
assemble in North Dakota, Montana and Washington shall 
provide in like manner for submitting the constitutions 
formeti by them to the people of said proposed states, respect- 
ively, for ratification or rejection at elections to ba held 
in said proposed states on the said first Tuesday in October. 
At the elections provided for in this section the qualified 
voters of said proposed states shall vote directly for or 
against the proposed constitutions, and for or against 
any articles or propositions separately submitted. The re- 
turns of said elections shall be made to the secretary of each 
of said territories, who, with the governor and chief justice 
thereof, or anv two of them, shall canvass the same; and if a 
majority of the legal votes cast shall be for the constitution 
the governor shall certify the result to the president of the 
United States, together with a statement of the votes cast 
thereon and upon separate articles or propositions, and a copy 
of said constitution, articles, propositions and ordinances. 
And if the constitutions and governments of said proposed 
states are republican in form, and if all the provisions of this 
act have been complied with in the formation thereof, it shall 
be the duty of the president of the United States to issue bis 
proclamation announcing the result of the election in each, 
and thereupon the proposed states which have adopted con- 
sKtutions and formed state governments as herein provided, 
shall be deemed admitted by congress into the union under 
and by virtue of this act, on an equal footing with the origi- 
nal states from and after the date of said proclamation. 

Sec. 9. That until the next generail census, or until other- 
wise provided by law, said states shall be entitled to one rep- 
resentative in the house of representatives of the United 
States, except South Dakota, which shall be entitled to two; 
and the representatives to the fifty-first congress, together 
with the governors and other officers provided for in said con- 
stitutions, may be elected on the same day of the election for 
the ratification or rejection of the constitutions; and until said 
state offi' prs are elected and qualified under the provisions of 
each constitution and the states, respectively, are admitted 
into the union, the territorial officers shall continue to dis- 
charge the duties of their respective offices in each of said ter- 
ritories. 
Sec. 10. That upon the admission of each of said states 



6 liEGISLATIVE MA^TCAL, 



into 'he Union pectioDs numbered 16 and 36 in every township 
of said propoped states, and where such sections, or any parts 
thereof, have been sold or otherwise disposed of by or under 
the authority of any act of congress, other lands equivalent 
thereto, in legal sob-divisions 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 
selected within said states io such manner as the legislature 
may provide, with the approval of the secretary of the in- 
terior; provided, that the 16th and 36th sections embraced in 
permanent reservations for national purposes shall not, at any 
time, be subject to the grants nor t<» the indemnity provisions 
of this act, nor shall any lands embraced in Indian, military, 
or other reservations of any character, 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. 

Sec. 11. That all lands herein granted for educational 
purposes shall be disposed of only at public sale, and at a 
price not less than $10 per acre, the proceeds to constitute a 
permanent school fund, the interest of which only shall be ex- 
pended in the support of said schools. But said lands may, 
undfr such regulations as the legisl tures ehall prescribe, be 
leased for periods of not more than five years, in quantities 
not exceeding one section to any one person or company; and 
such land shall not be subject to pre-emption, homestead 
entry, or any other entry under the land laws of the United 
States, whether surveyed or unsurveyed, but shall be reserved 
for school purposes only. 

Seo. 12. That upon the admission of each of said states 
into the union, in accordance with the provisiois of this act^ 
50 sections of the unappropriated public lands within said 
states, to be selected and located in legal sub divisions as pro- 
vided in Sec. 10 of this act, shall be, and are hereby, granted 
to said states for the purpose of erecting publi* buildings at 
the capital of said stt^es for legislative, executive and judi- 
cial purposes. 

Sec. 13. That 5 per centum of the proceeds of the sales of 
publ'C lands lying within said states which shall be sold by 
the United States subsequent to the admission of said states 
into the union, after deducting all the expenses incident to 
the samp, shall be paid to the said states, to be used as a per- 
manent fund, the interest of which only shall be expended for 
the support of common schools within taid states respect- 
ively. 

8 EC. 14. That the lands granted to the territories of Da- 
kota and Montana by the act of Feb. 18, 1881, entitled **An 
act to grant lands to Dakota, Montana, Arizona, Idaho and 
Wyoming for university purposes,'' are hereby vested in the 
states of South Dakota, North Dakota and Montana, respect- 



STATE OP NORTH DAKOTA. 



ively, if such states are admitted into the union as provided 
in this act, to the extent of the full quantity of 72 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 respective s ates aforesaid; 
but said act of Feb. 18, 1881, shall be so amended as to pro- 
vide that none of said lands shall be sold for less than $10 per 
acre, and the proceeds shall constitute a permanent fund to 
be safely invested and held by said states severall}', and the 
income thereof be used exclusively for university purposes. 
And such quantity of the lands authorized by the fourth sec- 
tion of the act of July 17, 1854, to be reserved for university 
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 quantiiy of 72 enure 
sections, are hereby granted in like manner to the state of 
Washington for the purposes of a university in said state. 
None of the lands granted in this section shall be sold at less 
than $10 per acre; but said lands may be leased in the same 
mat-ner as provided in sec. 11 of this act. The schools, 
colleges and universities provided for in this act shall forever 
remain under the exclusive coutrol of the paid states respect- 
ively, and no part of the proceeds arising from the Sdle or dis- 
posal of any lands herein granted for educational purposes 
shall be used for the support of any sectarian or denomina- 
tional school, college, or university. The sect on of land 
granted by the act of June 16, 1880, to the territory of Da- 
kota, for an asylum for the insane shall, upon the admission 
of s lid state of South Dakota into the union, become the 
property of said state. 

Sec. 15. That so much of the lands belonging to the 
United States as have been acquired and set apart for the pur- 
pose mentioned in '*An act appropriating money for the erec- 
tion of a penitentiary in the territory of Dakota," approved 
March 2, 1881, together with the buildings thereon, be, and 
the same is, hereby granted, together with any unexpended 
balances of the moneys approprijated therefor by said act, to 
said state of South Dakota, for the purposes therein desig- 
nated; and the states of North Dakota and Washington shall, 
respectively, have like grants for the same purpose, ano sub- 
ject to like terms and conditions as provided in said act of 
March 2. 1881, for the territory of Dakota. The penitentiary 
at Deer Lodge City, Mont., and all lands connected therewith 
and set apart and reserved therefor, are hereby granted to the 
state of Montana. 

Sec. 16. That 9OO0O acres of land, to be selected and 
located as provided in sec. 10 of this act. are hereby granted 
to each of said states, except to the state of South Dakota, to 
which 120,000 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 purpose. 



8 LEGISLATIVE MANUAL, 



Skc. 17. That in lieu of the grant of land for purposes of 
internal improvement made to new states by the eighth sec- 
tion of the act of Sept. 4, 1841, which act is hereby repealed 
as to the states provided for by this act, and in lieu of any 
claim or demand by the said states, or either of them, under 
the act of Sept. 28, 1850, and section 2479 of the Revised 
Statutes, making a grant of swamp and overflowed lands to 
certain states, which grant it is hereby declared is not ex- 
tended to the states provided 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 tbe 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 legislature of said state may deter- 
mine, 170,C00 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 as far as practicable. 

To the state of Montana: For the establishment and 
maintenance of a school of mines, 100»000 acres; for state 
normal schools, 100,000 acres; for agricultural colleges, in ad- 
dition to the grant hereinbefore made for that purpose, 50,- 
000 acres; for the establishment of a state reform school, 
50,000 acres; for the establishment of a deaf and dumb 
asylum, 50,000 acres; for public buildings at the capital of the 
state, in addition to the grant hereinbefore made for that pur- 
pose, 150,000 acres. 

To the state of Washington: For the establishment and 
maintenance of a scientific school, 100,000 acres; for the state 
normal schools, 100,000 acres; for public buildings at the state 
capital in addition to the grant hereio before made for that 
purpose, 100,000 acres ; for state, charitable, educational, 
penal and reformatory institutions, 2C0,000 acres. 

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 exclusive- 
ly for the purposes herein mentioned, in such manner as the 
legislatures of the respective states may severally provide. 

Sec. 18. That all mineral lands shall be exempted from 
the grants made by this act. But if sections IG and 36, or 
any subdivision or portion of any smallest subdivision thereof 
in any township shall be found by the department of tbe 
interior to be mineral lands, said states are hereby authorized 
and empowered to select, in lesal subdivisions, an equal Quan- 
tity of other unappropriated lands in said states, in lieu tnere- 



STATE OF NORTH DAKOTA. » 



of for the use and the benefit of the common schools of said 
states. 

Sec. 19. That all lands granted in quantity or as indem- 
nity 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 to said states the number of 
acres in each heretofore donated by congress to said territories 
for similar objects. 

Sec. 20. That the sum of $20,000, or so much thereof as 
may be necessary, is hereby appropriated, out of any money in 
the treasury not otherwise appropriated, to each of said terri- 
tories for defraying the expenses of the said conventions, ex- 
cept to Dakota, for which the sum of $40,000 is so appropriated, 
420,000 each for South Dakota and North Dakota, and for the 
payment of the members thereof, under the same rules and 
regulations and at the same rates as are now provided by law 
for the payment of the territorial legislatures. Any money 
hereby appropriated not necessary for such purpose shall be 
covered into the treasury of the United States. 

Sec. 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, respect- 
ively; and the circuit and district courts therefor shall be held 
at the capitHl of such state for the time being, and each of 
said districts shall, for judicial purposes, until otherwise pro- 
vided, 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 district, 
who shall keep their offices at the capital of said state. The 
regular terms of said cuurts 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. The circuit and district courts for each of 
said districts and the judges thereof, respectively, shall pos- 
sess the same powers and jurisdiction, and perform the same 
duties required to be performed by the other circuit and dis. 
trict courts and judges of the United States, and shall be 
governed by the same laws and regulations. The marshal, 
district attorney and clerks of the circuit and district courts 
of each of said districts, and all other officers and persons 
performing duties in the administration of justice therein. 



10 P liEGISLATIVE MANUAL, 



shall severally possess the powers and perform the duties law- 
fully possessed and required to be performed by similar officers 
in other districts of the United States; and shall, for the 
services they may perform, receive the fees and compensation 
allowed by law to other similar officers and persons performing 
similar duties in the state of Nebraska. 

Sec. 22. That all cases of wppeal 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 territories 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 mandate of execution or 
of further proceedings shall be directed by the supreme court 
of the United States to the circuit or district court hereby es- 
tablished within the state succeeding the territory fiom which 
such record is or may be pending, or to the supreme court of 
such state, as the nature of the case may require; provided, 
that the mandate of execution or of further proceedings shall, 
in cases arising in the territory of Dakota, be directed by the 
supreme conrt 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 Dakota, or to the circuit or district 
court of the district 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 re- 
quire. And each of the circuit, district and state courts 
herein named shall, respectively, be the successor of the 
supreme court of the territory, as to all such cases arising 
within the limits embraced wi'hin the jurisdiction of such 
courts respectively, with full power to proceed with the same, 
and award mesne or final process therein; and that from all 
judgments and decrees of the supreme 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 judgment shall have the same right to prose- 
cute appeals and writs of error to the supreme court of the 
United States as they shall have had by law prior to the ad- 
mission of said state into the union. 

Sec. 23. That in respect to all cases, proceedings, and 
matters now pending in the supreme or district courts of 
either of the territories mentioned 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 commence- 
ment of such cases, tbe said circuit and district courts, respec- 
tively, shall be the successors of said supreme and district 
courts of said territory; and in respect to all other cases, pro- 
ceedings and matters pending in the supreme or district 



STATE OF » NORTH DAKOTA. 11 



courts of any of the territories meutioned in this act at the 
time of the admission of such 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 all the files, 
records, indictments and proceedings relating to any 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, that in all civil actions, causes 
and proceedings in which the United States is not a party, 
transfers shall not be made to the circuit and dishrict courts 
of the United States except upon written request of one 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. 

Sec. 24. That the constitutional conventions may, by ordi- 
nance, provide for the election of officers for full state govern- 
ments, including members of the legislatures and representa- 
tives 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 con- 
stitution of any of said proposed states shall be ratified by the 
people, but not otherwise, the legislature thereof may as- 
semble, 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 
in the manner required by law; and when such state is admit- 
ted 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 representatives of other 
states in the congress of the United States; and the officers 
of the state governments formed in pursuance of said con- 
stitutions, as provided by the constitutional conventions, shall 
proceed to exercise all the functions of such state officers; 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, ex- 
cept as modified or changed by this act or by the constitutions 
of the the states, respectively. 

Sec. 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. 



STATE CONSTITUTION. 



[Adopted Oct. 1, 1889; yeas, 27,441; nays, 8,107.] 

Preamble. 

We, the people of North Dakota, grateful to Almighty God 
for the blessings of civil and religious liberty, do ordain and 
establish this Constitution. 

ARTICLE I. 

Declaration of Rights. 

NATURAL RIGHTS. 

Section 1. All men are by nature equally free and inde- 
pendent and have certain inalienable rights, among which are 
those of enjoying and defending life and liberty; acquiring, 
possessing and protecting property and reputation; and pur- 
suing and obtaining safety and happiness. 

Sec. 2. All political power is inherent in the people. Gov- 
ernment is instituted for the protection, security and benefit 
of the .people, and they have a right to alter or reform the 
same whenever the public good may require. 

Sec. 3. The state of North Dakota is an inseparable part 
of the American Union and the Constitution of the United 
States is the supreme law of the land. 

REXiIGIOUS liberties. 

Sec. 4. The free exercise and enjoyment of religious pro- 
fession and worship, without discrimination or preference, 
shall be forever guaranteed in this state, and no person shall 
be rendered incompetent to be a witness or juror on account 
of his opinion on matters of religious belief; but the liberty of 
conscience hereby secured shall not be so construed as to ex- 
cuse acts of licentiousness, or justify practices inconsistent 
with the peace or safety of this state. 

Sec. 5. The privilege of the writ of habeas corpus shall 
not be suspended unless, when in case of rebellion or invasion, 
the public safety may require. 

excessive bail. 

Sec. 6. All persons shall be bailable by sufficient sureties, 
unless for capital offenses, when the proof is evident or the^ 



a NORTH DAKOTA. 15 



I \L GUARANTEifiD. 



-i 



t 



I . 






i • * 



* tv 



cutions in any court whatever, 

the right to a speedy and public 

the court to compel the attend- 

' ; and to appear and defend in 

) person shall be twice put in 

nor be compelled in any crim- 

i himself, nor be deprived of 

lue process of law. 

foW CONDEMNED. 

not be taken or damaged 

Illation having been first 

wner. and no right of way 

)1' any corporation, other 

■on therefor be first made 

• court for the owner, 

-provement proposed by 

sball be ascertained by 



iiT. 

ned for debt unless 

the benefit of his 

ribed by law; or in 

mption of fraud. 

i''(nto law, or law 

ver be passed. 

Rc^rvitude, unless 

*olerated in this 

OHIBITED. 

^* in their per- 

'ible searches 

it shall issue 

affirmation, 

nd the per- 



t only in 
ng them 
ison un- 
I act, or 



-V'(' 



14 LEGISLATIVE MANUAL, 



presumption great. Excessive bail shall not be required, nor 
excessive fines imposed, nor shall cruel or unusual punish- 
ments be inflicted. Witnesses shall not be unreasonably de- 
tained, nor be confined in any room where criminals are 
.actually imprisoned. 



RIGHT OF TRIAL BY JURY. 

Sec. 7. The right of trial by jury shall be secured to all, 
and remain inviolate; but a jury in civil cases, in courts not of 
record, may consist of less than twelve men, as may be pre- 
scribed by law. 

felony — TRIAL FOR. 

Sec. 8. Until otherwise provided by law, no person shall, 
for a felony, be proceeded against criminally, otherwise than 
by indictment, except in cases arising in the land or naval 
forces, or iu the militia when in actual service in time of war 
or public danger. In all other cases offenses shall be prose- 
cuted criminally by indictment or information. The legisla- 
tive assembly may change, regulate or abolish the grand jury 
pvstem. 

FREEDOM OF SPEECH AND PUBLICATION. 

Sec. 9. Every man may freely write, speak and publish his 
opinions on all subjects, being responsible for the abuse of 
that privilege. In all civil and criminal trials for libel the 
truth may be given in evidence, and shall be a sufficient de- 
fense when the matter is published with good motives and for 
justifiable ends; and the jury shall have the same power of 
giving a general verdict as in other cases; and in all indict- 
ments or informations for libels the jury shall have the right 
to determine the law and the facts under the direction of the 
court au in other cases. 

redress op grievances. 

Sec. 10. The citizens have a right, in a peaceable manner, 
to assemble together for the common good, and to apply to 
those invested with the powers of government for the redress 
of grievances, or for other proper purposes, by petition, ad- 
dress or remonstrance. 

Sec. 11 All laws of a general nature shall have a uniform 
operation. 

military subordinate TO CIVIL POWER. 

Sec. 12. The military shall be subordinate to the civil 
power. No s andi» g army shall be maintained by this state 
in time of peace, and no soldiers shall, in time of peace, be 
quartered in any house without the consent of the owner; nor 
in time of war, except in the manner prescribed by law. 



STATE OF NORTH DAKOTA. 15 



SPEEDY TRIAL GUARANTEifiD. 

Sec. 13. In criminal prosecutions in any court whatever, 
the party accused shall have the right to a speedy and public 
trial; to have the process of the court to compel the attend- 
ance of witnesses in his behalf; and to appear and defend in 
person and with counsel. No person shall be twice put in 
jeopardy for the same offense, nor be compelled in any crim- 
inal case to be a witness against himself, nor be deprived of 
life, liberty or property without due process of law. 

PRIVATE PROPERTY — HOW CONDEMNED. 

Sec 14. Private property shall not be taken or damaged 
for public use without just compensation having been first 
made to. or paid into court for the owner, and no right of way 
shall be appropriated to the use of any corporation, other 
than municipal, until full compensation therefor be first made 
in money or ascertained and paid into court for the owner, 
irrespective of any benefit from any improvement proposed by 
such corporation, which compensation shall be ascertained by 
a jury, unless a jury be waived. 

IMPRISONMENT FOR DEBT. 

Sec. 15. No person shall be imprisoned for debt unless 
upon refusal to deliver up his estate for the benefit of his 
creditors, in such manner as shall be prescribed by law; or in 
cases of tort; or where there is strong presumption of fraud. 

Sec 16. No bill of attainder, ex i^ost facto law, or law 
impairing the obligations of contracts shall ever be passed. 

Sec 17. Neither slavery nor involuntary servitude, unless 
for the punishment of crime, shall ever be tolerated in this 
state. 4 

unreasonable searches and seizures PROHIBITED. 

Sec. 18. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrant shall issue 
but upon probable cause, supported by oath or affirmation, 
particularly describing the place to be searched and the per- 
sons and things to be seized. 

TREASOK against the STATE. 

Sec. 19. Treason against the state shall consist only in 
levying war against it, adhering to its enemies or giving them 
aid and comfort. No person shall be convicted of treason un- 
less on the evidence of two witnesses to the same overt act, or 
confession in open court. 

special privileges. 

Sec. 20. No special privileges or immunities shall ever be 



16 LEGISLATIVE MANUAL, 



granted which may not be altered, revoked or repealed by the 
legislative assembly; nor shall any citizen or class of citizens 
be granted privileges or immunities which upon the same 
terms shall not be granted to all citizens. 

CONSTTf UTION MANDATORY AND PROHIBITOBY. 

Sec. 21. The provisions of this constitution are mandatory 
and prohibitory unless, by express words, tdey are declared to 
be otherwise. 

RIGHTS AS TO CIVIL MATTERS. 

Sec 22. All courts shall be open, and every man for any 
injury done him in his lands, goods, person or reputation shall 
have remedy by due process of law, and right and justice ad- 
ministered without sale, denial or delay Suits may be 
brought against the state in such manner, in such courts and 
in such cases, as the legislative assembly may, by law, direct. 

employment — FREE RIGHT TO OBTAIN. 

Sec. 23. Every citizen of this state shall be free to obtain 
employment wherever i>o8pible, and any person, corporation, 
or agent thereof, maliciously interfering or hindering in any 
way, any citizen from obtaining or enjoying employment 
already obtained, from any other corporation or person, shall 
be deemed guilty of a misdemeanor. 

TRANSGRESSION OF POWER. 

Sec. 24. To guard against transgressions of the high powers 
which we have delegated, we declare that everything in this 
article is excepted out of the general powers of government 
and shall forever remain inviokite. 

ARTICLE II. 

The Legislative Department. 

LEGISLATIVE POWER — WHERE VESTED. 

Sec, 25. The legislative power shall be vested in a Senate 
and House of Representatives. 

senate— TERM. 

Sec. 26. The Senate shall be composed of not loss than 
thirty nor more than fifty members. 

Sec. 27. Senators shall be elected for the term of four years,^ 
except as hereinafter provided. 

QUALIFICATION OF SENATORS. 

Sec. 28. No person shall be a senator who is not a qualified 
elector in the district in which he may be chosen, and who 



STATE OP NORTH DAKOTA. 17 



shall not have attained the age of twenty-five years, and have 
been a resident of the state or territory for two years next 
preceding his election. 

SENATORIAL DISTRICTS — HOW FIXED, 

• 

Sec. 29. The legislative assembly shall fix the number of 
senators, and divide the state into as many senatorial dis- 
tricts as there are senators, which districts as nearly as may 
be, shall be equal to each other in the number of inhabitants 
entitled to representation. Each district shall be entitled to 
one senator and no n:ore, and shall be composed of compact 
and contiguous territory ; and no portion of any county shall 
be attached to any other county, or part thereof, so as to 
form a district. The districts as thus ascertained and deter- 
mined shall continue until changed by law. 

SENATORIAL DISTRICTS — HOW NUMBERED. 

Sec. 30. The senatorial districts shall be numbered consecu- 
tively from one upwards, according to the number of districts 
prescribed, and the senators shall be divided into two classes. 
Those elected in the districts designated by even numbers 
shall constitute one class, and those elected in districts 
designated by odd numbers shall constitute the other class. 
The senators of one class elected in the year 1890 shall hold 
their office for two years, those of the other class shall hold 
their office four years, and the determination of the two classes 
shall be by lot, so that one-half of the senators, as nearly a& 
practicable, may be elected biennially. 

PRESIDENT OP THE SENATE. 

Sec. 31. The senate at the beginning and close of each 
regular session, and at such other times as may be necessary^ 
shall elect one of its members president pro tempore, who 
may take the place of the lieutenant governor under rules 
prescribed by law. 

HOUSE OP REPRESENTATIVES — ^TERM. 

Sec. 32. The house of Representatives shall be composed 
of not less than sixty nor more than one hundred and forty 
members. 

Sec. 33. Representatives shall be elected for the term of 
two years. 

QUALIFICATION OP REPRESENTATIVES. 

Sec. 34. No per on shall be a representative who is not a 
qnalified elector in the district for which he may be chosen, 
and who shall not have attained the age of twenty-one years, 
and have been a resident of the state or territory for two 
years next preceding his election. 



18 LEGISLATIVE MANUAL, 



REPRESENTATIVE DISTRICTS — CENSUS WHEN TAKEN. 

Sec. 35. The members of the house of representatives shall 
be apportioned to and elected at large from each senatorial 
district. The legislative assembly shall, in the year 1895, and 
every tenth year, cause an enumeration to be made of all the 
inhabitants of this state, and shall at its first regular session 
after each such enumeration, and also after each federal cen- 
sus, proceed to fix by law the number of senators, which shall 
constitute the senate of North Dakota, and the number of 
representatives which shall constitute the house of represent- 
atives of North Dakota, within the limits prescribed by this 
constitution, and at the same session shall proceed to reap- 
portion the state into senatorial districts, as prescribed by this 
constitution, and to fix the number of members of the house 
of representatives, to be elected from the several senatorial 
districts; provided, that the legislative assetobly may, at any 
regular session, redistrict the state into senatorial districts, 
and apportion the senators and representatives respectively. 

speaker of the house. 

Sec. 36. The house of representatives shall elect one of its 
members as speaker. 

ELIGIBILITY OF MEMBERS. 

Sec. 37. No judge or clerk of any court, secretary of state, 
attorney general, register of deeds, sheriff or person holding 
any oflBce of profit under this state, except in the militia 
or the oflBce of attorney at law, notary public or justice of the 
peace, and no person holding any office of profit or honor 
under any foreiga government, or under the government of 
the United States, except postmaster whose annual compen- 
sation does not exceed the sum of $300, shall hold any office 
in either branch of the legislative assembly or become a mem- 
ber thereof. 

Sec. 38. No member of the legislative assembly, expelled 
for corruption, and no person convicted of bribery, perjury or 
other infamous crime, shall be eligible to the legislative 
assembly, or to any office in either branch thereof. 

members of the LEGISLATURE DISQUALIFIED TO HOLD CERTAIN 

OFFICES. 

Sec 39. No member of the legislative assembly shall, dur- 
ing the term for which he was elected, be appointed or elected 
to any civil office in this state, which shall have been created, 
or the emoluments of which shall have been increased, during 
the term for which he was elected; nor shall any member 
receive any civil appointment from the governor, or governor 
and senate, during the term for which he shall have been 
elected. 



STATE OTF north DAKOTA. 19 



GIVING VOTE OR INFLUENCE. 

Sec. iO. If any person elected to either hou e of the legis- 
lative assembly shall offer or promise to give his vote or in- 
fluence, in favor of, or against any measure or proposition 
pending or proposed to be introduced into , the legislative 
assembly, in consideration, or upon conditions, that any other 
person elected to the same legislative assembly will give, or 
will promise or assent to give, his vote or influence in favor of 
or against any other measure or proposition, pending or pro- 
posed to be introduced into such legislative assembly, the per- 
son making such offer or promise shall be deemed guilty of 
solicitation of bribery. If any member of the legislative 
assembly shall give his vote or influence for or against any 
measure or proposition, pending dr proposed to be introduced 
into such legislative assembly, or offer, promise or assent so to 
do upon condition that any other member will give, promise or 
assent to give his vote or influence in favor of or against any 
other such measure or proposition pending or proposed to be in- 
troduced into such legislative assembly, or in consideration that 
any other member hath given his vote or influence for or against 
any other measurt^ or proposition in such legislative assembly, 
he shall be deemed guilty of bribery. And any person, mem- 
ber of the legislative assembly or person elected thereto, who 
shall be guilty of either such offensps, shall be expelled, and 
shall not thereafter be eligible to the legislative assembly, 
pnd, on the conviction thereof in the civil courts, shall be liable 
to such further penalty as may be prescribed by law. 

TERM OF OFFICE. 

Sec. 41. The term of service of the members of the legisla- 
tive assembly shall begin on the first Tuesday in January, 
next after their election. 

ARREST — when MEMBERS PRIVILEGED FROM. 

Sec. 42. The members of the legislative assembly shall in 
all cases except treason, felony and breach of the peace, be 
privileged from arrest during their attendance at the sessions 
of their respective houses, and in going to or returning from 
the same. For words used in any speech or debate in either 
house, they shall not be questioned in any other place. 

PERSONAL INTEREST IN MEASURES- 

Sec 43. Any member who has a personal or private inter- 
est in any measure or bill proposed or pending before the legis- 
lative assembly, shall disclose the fact to the house of which he 
is a member and shall not vote thereon without the consent of 
the house. 



20 LEGISLATIVE MANUAL, 



VACANCIES — ^HOW FILLED. 

Sec. 44. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislative 
•assembly. 

PAY OF MEMBERS. 

Sec. 45. Each member of the legislative assembly shall 
receive as a comi)ensation for his services for each session, five 
dollars per day, and ten cents for every mile of necessary travel 
in going to and returning from the place of themeeting of the^ 
legislative assembly on the most usual route. 

QUORUM. 

Sec. 46. A majority of the members of each house shall 
constitute a quorum, but a smaller number may adjourn from 
day to day, and may compel the attendance of absent mem- 
bers, in sucb a manner, and under such a penalty, as may be 
prescribed by law. 

each house judge of qualification of members. 

Sec. 47. Each house shall be the judge of the election 
returns and qualifications of its own members. 

PRIVILEGES AND POWERS OF HOUSE. 

Sec. 48. Each house shall have the power to determine the 
rules of proceeding, and punish its members or other persons 
for contempt or disorderly behavior in its presence ; to 
protect its members against violence or offers of bribes or 
private solicitation, and with the concurrence of two- thirds, 
to expel a member ; and shall have all other powers necessary 
and usual in the legislative assembly of a free state. But no 
imprisonment by either house shall continue beyond thirty 
days. Punishment for contempt or disorderly behavior shall 
not bar a criminal prosecution for the same offense. 

JOURNAL. 

Sec. 49. Each house shall keep a journal of its proceedings,, 
and the yeas and nays on any question shall be takeo and 
entered on the journal at the request of one-sixth of those 
present. 

OPEN SESSIONS.' 

Sec. 50. The sessions of each house and of the committee 
of the whole shall be open unless the business is such a» 
ought to be kept secret. 



STATE OF NORTH DAKOTA. 21 



ADJOURNMENT — CONSENT OF BOTH HOUSES REQUIRED. 

Sec. 51. Neither house shall, without the consent of the 
other, adjourn for more than three days nor to any other 
place than that in which the two houses shall be sitting, 
except in case of epidemic, pestilence or other great danger. 

HOUSES — HOW DESIGNATED. 

Sec. 52. The Senate and House of Representatives jointly 
«hall be designated as the legislative assembly of the state of 
North Dakota. 

WHEN AND WHERE TO MEET. 

SEa 53. The legislative assembly shall meet at the seat of 
government at 12 o'clock noon on the first Tuesday after the 
first Monday in January, in the year next following the elec- 
tion of the members thereof. % 

VOTES— HOW RECORDED, 

Sec. 54. In all elections to be made by the legislative as- 
sembly, or either house thereof, the members shall vote viva 
voce, and their votes shall be entered in the journal. 

SESSIONS BIENNIAL. 

8ec. 55. The sessions of the legislative assembly shall be 
biennial, except as otherwise provided in this constitution. 

SESSIONS— TIME lilMITED. 

Sec. 56. No regular session of the legislative assembly shall 
•exceed sixty days, except in case of impeachment, but the 
first session of the legislative assembly may continue for a 
period of one hundred and twenty days. 

BILLS — where may ORIGINATE. 

See. 57. Any bill may originate in either house of the 
legislative assembly, and a bill passed by one house may be 
amended by the other. 

BILLS — AMENDMENT OF. 

Sec. 58. No law shall be passed, except by a bill adopted 
by both houses, and no bill shall be so altered and amended 
on its passage through either house as to change its original 
purpose. 

ENACTING CLAUSE. 

Sec. 59. The enacting clause of every law shall be as fol- 
Jows: **Be it enacted by the legislative assembly of the state 
of North Dakota." 



22 LEGISLATIVE MANUAL, 



APPROPRIATION OP MONET — BILLS FOR. 

Sec. 60. No bill for the appropriation of money, except for 
the expenses of the government, shall be iotroduced after the 
fortieth day of the session, except by unanimous consent of 
the house in which it is sought to be introduced. 

BILLS — TO EMBRACE BUT ONE SUBJECT. 

Sec 61. No bill shall embrace more than one subject^ 
which shall be expressed in its title, but a bill which violatea 
this provision shall be invalidated thereby only as to so much 
thereof as shall not be so expressed. 

APPROPRIATION BILLS. 

Sec. 62. The general appropriation bill shall embrace 
nothing but appropriations fi»r the expenses of the executive,, 
legislative and judical departments of the state, interest on 
the public debt and for public schools. All* other appropria- 
tions shall be made by separate bills, each embracing but one 
subject. 

BILLS — SEVERAL READINGS OF — LEGISLATIVE DAY. 

Sec. 63. Every bill shall be read three several times, but 
the first and second readingrs, and those only, may be upon 
the same day; and the second reading may be by title of the 
bill unless a reading at length be demanded. The first and 
third readings shall be at length. No legislative day shall be 
shorter than the natural day. 

BILLS— NOT TO BE REVISED OR AMENDED BY REFERENCE. 

Sec. 64. No bill shall be revised or amended, nor the pro- 
visions thereof extended or incorporated in any other bill by 
reference to its title only, but so much thereof as is revised, 
amended or extended or so incorporated shall be re-enacted 
and published at length. 

BILLS — BECOME LAWS BY VOTE OF MAJORITY MEMBERS-ELECT. 

Sec. 65. No bill shall become a law except by a vote of a 
majority of all the members-elect in each house, nor unless, 
OD its final passage, the vote be taken by yeas and nays, and 
the names of those voting be entered on the journal. 

BILLS — DUTY OP PRESIDING OFFICERS IN RELATION THERETO. 

Sec. 66. The presiding officer of each house shall in the 
presence of the house over which he presides, sign all bills 
and joiot resolutions parsed by the legislative assembly; im- 
mediately before such signing their title shall be publicly read 
and the fact of signing shall be at once entered on the 
journal. 



STATE OF NORTH DAKOTA. 23 



LAWS— WHEN TO TAKE EFFECT. 

Sec. 67. No act of the legislative assembly shall take effect 
until July 1, after the close of the session, unless in case of 
emergency (which shall be expressed in the preamble or body 
of the act) the legislative assembly shall, by a vote of two- 
thirds, of all the members present ic each house, otherwise 
direct. 

Sec. 68. The legislative assembly shall pass all laws neces- 
sary to carry into effect the provisions of this constitution. 

SPECIAL LEGISLATION PROHIBITED. 

Sec 69. The legislative assembly shall not pass local or 
special laws in any of the following enumerated cases, that is 
to say: 

1. For granting divorces. 

2. Laying out, opening, altering or working roads or high- 
ways, vacating roads, town plats, streets, alleys or public 
grounds. 

3. Locating or changing county seats'. 

4. Regulating county or township affairs. 

5. Regulating the practice of courts of justice. 

6. Regulating the jurisdiction and duties of justices of 
the peace, police magistrates or constables. 

7. Changing the rules of evidence in any trial or inquiry. 

8. Providing for changes of venue in civil or criminal 
cases. 

9. Declaring any person of age. 

10. For limitation of civil actions, or giving effect to infor- 
mal or invalid deeds. 

11. Summoning or impaneling grand or petit juries. 

12. Providing for the management of common schools. 

13. Regulating the rate of interest on money. 

14. The opening or conducting of any election or designat- 
ing the place of voting. 

15. The sale or mortgage of real estate belonging to minors 
or others under disability. 

16. Chartering or licensing ferries, toll bridges or toll 
roads. 

17. Remitting fines, penalties or forfeitures. 

18. Creating, increasing or decreasing fees, percentages or 
allowances of public officers. 

19. Changing the l^w of descent. 

20. Granting to any corporation, association or individual 
the right to lay down railroad tracks or any special or exclu- 
sive privilege, immunity or franchise whatever. 

21. For the punishment of crimes. 

22. Changing the names of persons or places. 

23. For the assessment or collection of taxes. 

24 Affecting estates of decease 1 persons, minors or others 
under legal disabilities. 



24 LEGISLATIVE MANUAL, 



25. Extending the time for the collection of taxes. 

26. Refunding money into the state treasury. 

27. Relinquishing or extinguishing in whole or in part the 
indebtedness, liability or obligation of any corporation or per- 
son to this state, or to any municipal corporation therein. 

28. Legalizing, except as against the state, the unauthor- 
ized or invalid act of any officer. 

29. Exempting property from taxation. 

30. Restoring to citizenship persons convicted of infamous 
crimes. 

31. Authorizing the creation, extension or impairing of 
liens. 

32. Creating offices, or prescribing the powers or duties of 
officers in counties, cities, townships, election or school dis- 
tricts, or authorizing the adoption or legitimation of children. 

33. Incorporation of cities, towns or villages, or changing 
or amending the charter of any town, city or village. 

34. Providing for the election of members of the board of 
supervisors in townships, incorporated towns or cities. 

35. The protection of game or fish. 

Sec. 70. In all other cases where a general law can be 
made applicable, no special law shall be enacted; nor shall the 
legislative assembly indirectly enact such special or local law 
by the partial repeal of a general law; but laws repealing local 
or special acts may be passed. 

ARTICLE IIL 

Executive Department. 

GOVERNOR — QUALIFICATIONS AND TERM. 

Sec. 71. The executive power shall be vested in a gov- 
ernor, who shall reside at the seat of government and shall 
hold his office for the term of two years and until his successor 
is elected and duly qualified. 

LIEUTENANT GOVERNOR— QUALIFICATIONS AND DUTIES. 

Sec. 72. A lieutenant governor shall be elected at the same 
time and for the same term as the governor. In case of the 
death, impeachment, resignation, failure to qualify, absence 
from the state, removal from office, or the disability of the 
governor, the powers and duties of the office, for the residue 
of the term, or until be shall be acquitted or the disability 
removed, shall devolve upon the lieutenant governor. 

ELIGIBILITY OF GOVERNOR AND LIEUTENANT GOVERNOR. 

Sec. 73. No person shall be eligible to the office of governor 
or lieutenant governor unless he be a citizen of the United 
States, and a qualified elector of the state, who shall have 
attained the age of thirty years, and who eball have resided 



STATE OF NORTH DAKOTA. 25 



five years next preceding the election within the state or terri- 
tory, nor shall he be eligible to any other office during the term 
for which he shall have been elected. 

GOVERNOR AND LIEUTENANT GOVERNOR— HOW ELECTED. 

Seo. 74. The governor and lieutenant governor shall be 
•elected by the qualified electors of the state at the time and 
places of choosing members of the legislative assembly. The 
persons having tbe highest number of votes for governor and 
lieutenant governor respectively shall be declared elected, 
but if two or more shall have an equal and highest number of 
votes for governor or lieutenant governor, the two houses of 
the legislative assembly at its next regular session shall forth- 
with, by joint ballot, choose one of such persons for said 
office. The returns of the election for governor and lieuten- 
ant governor shall be made in such manner as shall be pre- 
scribed by law. 

GOVERNOR — DUTIES OF. 

Sec. 75. The governor shall be commander in chief of the 
military and naval forces of the state, except when they shall 
be called into the service of the United States, and may call 
out the same to execute the laws, suppress insurrection and 
repel invasion. He shall have power to convene the legisla- 
tive assembly on extraordinary occasions. He shall at the 
commencement of each session communicate to the legislative 
assembly by message, information of the condition of the 
state, and recommend such measures as he shall deem ex 
pedient. He shall transact all necessary business with the 
officers of the government, civil and military. He shall ex- 
pedite all such measures as may be resolved upon by the legis- 
lative assembly and shall take care that the laws be faithfully 
executed. 

reprieves and fines— power of governor to grant. 

Sec. 76. The governor shall have power to remit fines and 
forfeitures, to grant reprieves, commutations and pardons 
after conviction, for all offenses except treason and cases of 
impeachment ; but the legislative assembly may by law regu- 
late the manner in which the remission of fines, pardons, 
commutations and reprieves may be applied ft.r. Upon con- 
viction for treason he shall have power to suspend the execu- 
tion of sentence until the case shall be rei)orted to the 
legislative assembly at its next regular session, when the 
legislative assembly shall either pardon or commute the sen- 
tence, direct the execution of the sentence or grant further 
reprieve. He shall communicate to the legislative assembly 
at each regular session each case of remission of fine, reprieve, 
commutation or pardon granted by him, stating the name of 
the convict, the crime for which he is convicted, the sentence 



26 LEGISLATIVE MANUAL, 



and its date, and the date of the remission, commutation^ 
pardon or reprieve, with his reasons for granting the same. 

WHEN SECRETARY OF STATE ACTS AS GOVERNOR. 

Sec. 77. The lieutenant-governor shall be president of the 
senate, but shall have no vote unless they be equally divided. 
If, during a vacancy in the office of governor, the lieutenant- 
governor shall be impeached, displaced, resign or die, or from 
mental or physical disease, or otherwise become incapable of 
performing the duties of his office, the secretary of state shall 
act as governor until the vacancy shall be filled or the dis- 
ability removed. 

VACANCIES— HOW PILLED. ' 

Sec. 78. When any office shall from any cause become va- 
cant, and no mode is provided by the constitution or law for 
filling such vacancy, the governor shall have power to fill 
such vacancy by appointment. 

BILLS — DUTY OP GOVERNOR IN RELATION THERETO. 

Sec. 79. Every bill which shall have passed the legislative 
assembly shall, before it becomes a law, be presented to the 
governor. If he approve, he shall sign, but if not, he shall 
return it with his objections, to the house in which it origi- 
nated, which shall enter the objections at large upon the jour- 
nal, and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of the members-elect shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if it be 
approved by two-thirds of the members-elect, it shall become a 
law; but in all such cases the vote of both houses shall be deter- 
mined by the yeas and nays, and the names of the members 
voting for and against the bill shall be entered upon the 
journal of each house respectively. If any bill shall not be 
returned by the governor within three days (Sundays ex- 
cepted) after it shall have been presented to him, the same 
shall be a law unless the legislative assembly, by its ndjourn- 
ment prevent its return, in which case it shall be a law unless 
he shall file the same with his objections, in the office of the 
secretary of state, within fifteen days after such adjourn- 
ment. 

GOVERNOR MAY DISAPPROVE ITEMS OP APPROPRIATION BILLS. 

Sec. 80. The governor shall have power to disapprove of any 
item or items or part or parts of any bill making appropriations 
of money or property embracing distinct items, and the part or 
parts of the bill approved shall be the law, and the item or items 
and part or parts disapproved shall be void, unless enacted in 
the following manner: If the legislative assembly be in ses- 



STATE OP NORTH DAKOTA. 27 



eion he shall transmit to the house in which the bill originated 
a copy of the item or items, or part or parts thereof disap- 
proved, together with his objections thereto, and the items or 
parts objected to shall be separately reconsidered, and each 
Uem or part shall then take the same course as is prescribed 
for the passage of bills over the executive veto. 

OPPICIAL INFLUENCE PROHIBITED. 

Sec. 81. Any governor of this state who asks, receives or 
agrees to receive, any bribe upon any understanding that his 
official opinion, judgment or action shall be influenced thereby, 
or who gives or offers, or promises his official influence in con- 
sideration that any member of the legislative assembly shall 
give his official vote or influence on any particular side of any 
question or matter upon which he may be required to act in 
his official capacity, or who menaces any member by the 
threatened use of his veto power, or who offers or promises 
any member that he, the said governor, will appoint any par- 
ticular person or persons to any office created or thereafter to 
be created, in consideration that any member shall give his 
official vote or influence on any matter pending or thereafter 
to be introduced into either house of said leg slat ive assembly, 
or who threatens any member that he, the said governor, will 
remove any person or persons from office or position, with in- 
tent in any manner to influence the action of said member, 
shall be punished in the manner now, or that may hereafter 
be provided by law, and upon conviction thereof shall forfeit 
all right to hold or exercise any office of trust or honor in this 
state. 

STATE OFFICERS. 

Sec. 82. There shall be chosen by the qualified electors of 
the state, at the times and places of choosing members of the 
legislative assembly, a secretary of state, auditor, treasurer, 
superintendent of public instruction, commissioner of insur- 
surance, three commissioners of railroads, one attorney general 
and one commissioner of agriculture and labor, who shall 
have attained the age of twenty-five years, shall be citizens 
of the United States, and shall have the qualifications of state 
electors. They shall severally hold their offices at the seat of 
government, for the term of two years and until their succes- 
sors are elected and duly qualified, but no person shall be 
eligible to the office of treasurer for more than two consecutive 
terms. 

DUTIES OF STATE OFFICERS 

Sec. 83. The powers and duties of the secretary of state, 
auditor, treasurer, superintendent of public instruction, com- 
missioner of insurance^ commissioners of railroads, attorney 
general and commissioner of agriculture and labor shall be as 
prescribed by law. 



28 LEGISLATTTE MANUAL, 



SAIiABIES OF STATE OFFICERS. 

Sec. 84. Until otherwise provided by law, the governor 
shall receive an annual salary of three thousand dollars: the 
lieutenant governor shall receive an annual salary of one 
thousand dollars; the secretary of state, auditor, treasurer, 
superintendent of public instruction, commissioner of insur- 
ance, commissioners of railroads, and attorney general shall 
each receive an annual salary of two thousand dollars; the 
salary of the commissioner of agriculture and labor shall be 
as prescribed by law, but the salaries of any of the said 
officers shall not be increased or diminished during the period 
for which they shall have been elected, and all fees and 
profits arising from any of the said offices shall be covered 
into the state treasury. 

ARTICLE IV. 
Judicial Department. 

JUDICIAL POWERS — WHERE VESTED. 

Sec. 85. The judicial power of the state of North Dakota 
shall be vested in a supreme court, district courts, county 
courts, justices of the peace; and in such other courts as may 
be created by law for cities, incorporated towns and villages. 

Supreme Court. 
JURISDICTION. 

Sec. 86. The supreme court, except as otherwise provided 
in this constitution, shall have appellate jurisdiction only, 
which shall be co-extensive with the state, and shall have a 
general superintending control over all inferior courts under 
such regulations and limitations as may be prescribed by law. 

powers. 

Sec. 87. It shall have power to issue writs of habeas 
corpus, mandamus, quo warranto, certiorari, injunction and 
such other original and remedial writs as may be riecessary to 
the proper exercise of its jurisdiction, and shnll have authority 
to hear and determine the same; provided, however, that no 
jury trial shall be allowed in said supreme court, but in 
proper cases questions of fact may be sent by said court to a 
district court for trial. 

TERMS. 

Sec. 88. Until otherwise provided by law three terms of 
the supreme court shall be held each year, one at the seat of 
government, one at Fargo, in the county of Cass, and one at 
Grand Forks, in the county of Grand Forks. 

Note.— Section 877 of the Revised Codes of 1895 provides for the 
holding of two generai terms of tlie supreme court at the seat 
oi n>vernnient- one on the first Tuesday in April and one of 
the first Tuesday in October of each year. 



STATE OP NORTH DAKOTA. 29^ 



QUORUM. 



Sec. 89. The supreme court shall coDsist of three judges, 
a majority of whom shall be necessary to form a quorum of 
pronounce a decision, but one or more of said judges may ad- 
journ the court from day to day or to a day certain. 



JUDGES — HOW ELECTED. 

Sec. 90. The judges of the supreme court shall be elected 
by the qualified electors of the state at large, and except as 
may be otherwise provided herein for the tirst election for 
judges under this coDstitution, said judges shall be elected at 
general elections. 

TERM OP office. 

Sec. 91. The term of office of the judges of the supreme 
court, except as in this article otherwise provided, shall be six 
years, and they shall hold their offices until their successors 
are duly qualified. 

Sec. 92. The judges of the supremo court shall, imme- 
diately after the first election under this constitution, be clas- 
sified by lot so that one shall hold his office for the term of 
three years, one for the term of five years, and one for the 
term of seven years from the first Monday in December, A. D. 
1889. The lots shall be drawn by the judges, who shall for 
that purpose assemble at the seat of government, and they 
shall cause the result thereof to be certified to the secretary 
of the territory and filed in his office, unless the secretary of 
state of >«orth Dakota shall have entered upon the duties of 
his office, in which event said certification shall be filed 
therein. The judge having the shortest term to serve, not 
holding his office by election or appointment to fill a vacancy, 
shall be chief justice and shall preside at all terms of the 
supreme court, and in case of his absence the judge having in 
like manner the next shortest term to serve shall preside in 
his stead. 

CLERK AND REPORTER. 

Sec. 93. There shall be a clerk and also a reporter of the 
supreme court, who shall be appointed by the judges thereof, 
and who shall hold their offices durintr the pleasure of said 
judges, and whose duties and emoluments shall be prescribed 
by law and by rules of the supreme court net inconsistent 
with law. The legislative assembly shall make provision for 
the publication and distribution of the decisions of the supreme 
court and for the sale of the published volumes thereof. 

ELIGIBILITY OF JUDGES. 

Sec. 94. No person shall be eligible to the office of judge of 



30 LEGISLATIVE MAJTUAL, 



the supreme conrt unlesa he be learned in the law, be at least 
thirty years of age and a citizen of the United States, nor un- 
less he shall have resided in this state or the territory of Dakota 
three years next preceding his election. 

COURT INCREASED — WHEN. 

Sec. 95. Whenever the population of the state of North 
Dakota shall equal 600,000 the legislative assembly shall have 
the power to increase the number of the judges of the supreme 
court to five, in which event a majority of said court, as thus 
increased, shall constitute a quorum. 

RBSTRICnON OF POWER. 

Sec. 96. No duties shall be imposed by law upon the 
supreme court or any of the judges thereof, except such as are 
judicial, nor shall any of the judges thereof exercise any 
power of appointment except as herein provided. 

STYLE OP PROCESS. 

Sec. 97. The style of all process shall be, *'The State of 
North Dakota." All prosecutions shall be carried on in the 
name and by the authority of the state of North Dakota, and 
conclude "against the peace and dignity of the state of North 
Dakota." 

vacancies— HOW filled. 

Sec. 98. Any vacancy happening by death, resignation or 
otherwise in the office of judge of the supreme court shall be 
filled by appointment, by the governor, which Hppoinment 
shall continue until the first general election thereafter, when 
paid vacancy shall be filled by election. 

COMPENSATION. 

Seo. 99. The judges of the supreme and district courts 
shall receive such compensation for their services as may be 
prepcribed by law, which compensation shall not be increased 
nr diminished during the term for which a judge shall have 
been elected. 

WHEN DISQUALIFIED TO SIT. 

Seo. 100. In case a judge of the supreme court shall be in 
any way iuterested in a cause brought before said cou t the 
remaining judges of said court shall call one of the district 
juilgos to sit with them on the hearing of said cause. 

SYLLABUS TO BE MADE BY JUDGES. 

Skc. 101. When a judgment or decree is reversed or con- 
firmed by the supreme court, every point fairly arising upon 



STATE OF NORTH DAKOTA. 31 



the record of the case shall be considered and decided, and 
the reasons therefor shall be concisely stated in writing, 
signed by the judges concurring, filed in the office of the clerk 
of the supreme court, and preserved with a record of the case. 
Any judge dissenting therefrom may give the reason of his 
dissent in writing over his signature. 

Sec. 102 It shall be the duty of the court to prepare a syl- 
labus of the points adjudicated in each case, which shall be 
concurred in by a majority of the judges thereof, and it Shall 
be prefixed to the published reports of the case. 

District Courts. 
JURISDICTION. 

Sec. 103. The district courts shall have original jurisdiction, 
except as otherwise provided in this constitution, of all causes 
both at law and equity, and such appelate jurisdiction as 
may be conferred by law. They and the judges thereof shall 
also have jurisdiction and power to issue writs of habeas cor- 
pus, quo warranto, certiorari, injunction and other original 
and remedial writs, with authority to hear and determine the 
same. 

XERM OF OFFICE. 

Sec. 104. The state shall be divided into six judicial dis- 
tricts, in each of which there shall be elected at general 
elections, by the electors thereof, ore judge of the district 
court therein, whose term of office shall be four years from 
the first Monday in January succeediug his election and until 
his successor is duiy qualified. This section shall not be con- 
strued as governing the first election uf district judges under 
this constitution. 

Judicial Districts. 
BOUNDARIES OF. 

Sec. 105. Until otherwise provided bv law, said districts 
shall be constituted as follows: 

District No. One shall consist of the counties of Pembina, 
Cavalier, Walsh, Nelson and Grand Forks. 

District No. Two shall consist of the counties of Ramsey, 
Towner, Benson, Pi r<e, Rolette, Bottineau, McHenry, Church, 
Renville, Ward, Stevens, Mountraille, Garfield, Plannery and 
Buford. 

D'strict No. Three shall consist of the counties of Cass, 
Steele and Traill. 

District No. Four shall co^'sist of the counties of Richland, 
Ransom, Sargent, Dickey and Mcintosh. 

District No. Five shall consist of the counties of Logan, 
LaMoure, Stutsman, Barnes, Wells, Foster, Eddy and Griggs. 

District No. Six shall consist of the counties of Burleigh, 



32 LEGISLATIVE jAaNUAL, 



Emmons, Kidder, Sheridan, McLean, Morton, Oliver, Mercer,. 
Williams, Stark, Hettinger, Bowman, Billings, McKenzie, 
Dunn, Wallace and Allred and that portion of the Sioux 
Indian reservation lying north of the seventh standard 
parallel. 

Note. — In 1895 the first Judicial district was made to consist of Grand 
Forks and Nelson counties and the seventh judicial district to con- 
sist of Walsh, Pembina and Cavalier counties. 

DISTRICT MAY BE INCREASED — WHEN. 

Sec. 106. The legislative assembly may, whenever two- 
thirds of the members of each house shall concur therein, but 
not oftener than once in four years, increase the number of 
said judicial districts and the judges thereof; such districts 
shall be formed from compact territory and bounded by county 
lines, but such increase or change in the boundaries of the 
districts shall not work the removal of any judge from bis 
office during the term for which he may have been elected or 
appointed. 

ELIGIBILITY OF JUDGES. 

Sec. 107. No person shall be eligible to the office of district 
judge, unless he be learned in the law, be at least twenty- five 
years of age, and a citizen of the United States, nor unless he 
shall have resided within the state or territory of Dakota at 
least two years next preceding his election, nor unless he shall 
at the time of his election be an elector within the judicial 
district for which he is elected. 

CLERK OF DISTRICT COURT. 

Sec. 108. There shall be a clerk of the district court in 
each organized county in which a court is holden who shall 
be elected by the qualified electors of the county, and shall 
hold his office for the same term as other county officers. He 
shall receive such compensation for his services as may be 
prescribed by law. 

APPEALS TO SUPREME COURT. 

Sec 109. Writs of error and appeals may be allowed from 
the decisions of the district courts to the supreme court under 
such regulations as may be prescribed by law. 

County Courts. 
ESTABLISHMENT OF — TERM OF JUDGE. 

Sec 110. There shall be established in each county a 
county court, which shall be a court of record, open at all 
times and holden by one judge, elected by the electors of the 
county, and whose term of office shall be two years. 



STATE OF NORTH DAKOTA. 33 



JURISDICTION. 

Sbc. 111. The county court shall have exclusive original 
jurisdiction in probate and testamentary matters, the ap- 
pointment of administrators and guardians, the settlement of 
the accounts of executors, administrators and guardians, the 
sale of lands by executors, administrators and guardians, and 
such other probate jurisdiction as may be conferred by law; 
provided, that whenever the voters of any county having a 
population of 2,000 or over shall decide by a majority vote 
that they desire the jurisdiction of said court increased above 
that limited by this constitution, then said county court shall 
have concurrent jurisdiction with the district courts in all 
civil actions where the amount in controversy does not exceed 
$1,000, and in all criminal actions below the grade of felony, 
and in case it is decided by the voters of any county to so in- 
crease the jurisdiction of said county court, the jurisdiction 
in cases of misdemeanors arising under state laws which may 
have been conferred upon police magistrates, shall cease. The 
qualifications of the judge of the county court in counties 
where the jurisdiction of said court shall have been increased 
shall be the same as those of the district judge, except that 
he shall be a resident of the county at the time of his elec- 
tion, and said county judge shall receive such salary for his 
services as may be provided by law. In case the voters of any 
county decide to increase the jurisdiction of said county 
courts, then such jurisdiction as thus increased shall remain 
until otherwise provided by law. 

Justices of the Peace. 
JURISDICTION. 

Sec. 112. The legislative assembly shall provide by law for 
the election of justices of the peace in each organized county 
within the state. But the number of said jusiices to be 
elected in each organized county shall be limited by law to 
such a number as shall be necessary for the proper adminis- 
tration of justice. The justices of the peace herein provided 
for shall have concurrent jurisdiction with the district court 
in all civil actions when the amount in controversy, exclusive 
of costs, does not exceed $200, and in counties where no county 
court with criminal jurisdiction exists they shall have such 
jurisdiction to hear and determine cases of misdemeanor as 
may be provided by law, but in no case shall said justices of 
the peace have jurisdiction when the boundaries of or title to 
real estate shall come in question. The legislative assembly 
shall have power to abolish the office of justice of the peace 
and confer that jurisdiction upon judges of county courts or 
elsewhere. 

Maa.— 8. 



34 LEGISLATIVE MANUAL, 



Police Magistrates. 
JURISDICTION. 

Sec. 113. The legislative assembly shall provide by law for 
the election of police magistrates m cities, incorporated towns 
and villages, who in addition to their jurisdiction of all cases 
arising under the ordinances of said cities, towns and villages, 
shall be ex-ofiicio justices of the peace of the county in which 
said cities, towns and villages may be located. And the leg- 
islative assembly may confer upon said police magistrates the 
jurisdiction to hear, try and determine all cases of misde- 
meanors, and the prosecutions therein shall bo by information. 

APPEALS FROM COUNTY COURTS AND JUSTICES OF THE PEACE. 

Bkc. 114. Appeals shall lie from the county court, final 
decisions of justices of the peace and police magistrates in 
such cases and pursuant to such rfguiations as may be pre- 
scribed by law. 

Miscellaneous. 
TERMS OF DISTRICT COURT. 

Sec. 115. The time of holding courts in the several coun- 
ties of a district shall be as prescribed by law, but at least 
two terms of the district court shall be held annually in each 
organized county, and the legislative assembly shall make 
provisions for attaching unorganized counties or territories to 
organized counties for judicial purposes. 

JUDOEH MAY HOLD COURT IN OTHER DISTRICTS. 

Se('. 110. Judges of the district courts may hold court in 
other districts than their own under such regulations as shall 
be prescribed by law. 

JUD(Jr NOT TO ACT AS ATTORNEY. 

Sec. 117. No judge of the supreme or district court shall 
act as attorney or '.'ounsellor at law. 

Sec?. 118. Until the legislative assembly shall provide by 
law for fixing the terms of courts, the judges of tne supreme 
and district courts shall fix the terms thereof. 

MAY NOT HOLD OTHER OFFICE. 

Sec. 119. No judge of the supreme or district courts shall 
be elected or appointed to any other than judicial offices or 
be eligible thereto during the term for which he was elected 
or appointed such judge. All votes or appointments for 
either of them for any elective or appointive office except that 
of judge of the supreme court, or district court, given by the 
legislative assembly or the people, shall be void. 



STATE OF NORTH DAKOTA. 35 



TRIBUNALS OF CONCILIATION. 

Sec. 120. Tribunals of conciliation may be established 
with such powers and duties as shall be prescribed by law, oi 
the powers and duties of such may be conferred upon other 
courts of justice; but such tribunals or other courts when sit- 
ting as such, shall have no power to render judgment to be 
obligatory on the parties, unless they voluntarily submit their 
matters of difference and agree to abide the judgment of such 
tribunals or courts. 

ARTICLE V. 

Elective Franchise. 

QUALIFICATION OF ELECTORS. 

Sec. 12J. Every male person of the age of Iwenty-one 
years or upwards belonging to either of the following classes, 
who shall have resided in the state one year, in the county 
six months and in the precinct ninety days next preceding any 
election, shall be deemed a qualified elector at such election: 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall have declared 
their intention to become citizens, one year and not more than 
six years prior to such election, conformably to the naturaliza- 
tion laws of the United States. 

Third. Civilized persons of Indian descent who shall have 
severed their tribal relations two years next preceding such 
election. 

WOMAN SUFFRAGE. 

Sec. 122. The legislative assembly shall be empowered to 
make further extensions of suffrage hereafter, at its discre- 
tion to all citizens of mature age and sound mind, not con- 
victed of crime without regard to sex; but no law extending 
or restricting the right of suffrage shall be in force until 
adopted by a majority of the electors of the state voting at a 
general election. 

ELECTORS PRIVILEGED FROM ARREST. 

Sec. 123. Electors shall in all cases except treason, felony, 
breach of the peace or illegal voting, be privileged from arrest 
on the days of election during their attendance at, going to 
and returning from such election, and no elector shall be 
obliged to perform military duty on the day of election, ex- 
cept in time of war or public danger. 

date of general ELECTION. 

Sec. 124. The general elections of the state shall be 
biennial, and shall be held on the first Tuesday after the first 



36 LEGISLATIVE MANUAL, 



Monday in November; provided, that the first general elec- 
tion under this constitution shall be held on the first Tuesday 
after the first Monday in November, A. D. 1890. 

RESIDENCE OF ELECTOR. 

Sec. 125. No elector shall be deemed to have lost his resi- 
dence in this state by reason of his absence on business of the 
United States or of this state, or in the military or naval 
service of the United States. 

Sec. 126. No soldier, seaman or marine in the army or 
navy of the United States shall be deemed a resident of this 
state in consequence of his being stationed therein. 

Sec. 127. No person who is under guardianship, non com- 
pos mentis, or insane, shall be qualified to vote at any election, 
nor shall any person convicted of treason or felony, unless 
restored to civil rights. 

WOMAN MAY VOTE — WHEN. 

Sec. 128. Any woman having the qualifications enumerated 
in section 121 of this article, as to age, residence and citizen- 
ship, and including those now qualified by the laws of the 
territory, may vote for all school officers, and upon all ques- 
tions pertaining solely to school matters, and be eligible to 
any school office. 

secret ballot. 

Sec. 129. All elections by the people shall be by secret 
ballot, subject to such regulations as shall be provided by 
law. 

ARTICLE VI. 

Municipal Corporations. 

UNDER LEGISLATIVE CONTROL. 

Sec 130. The legislative assembly shall provide by gen- 
eral law for the organization of municipal corporations, 
restricting their powers as to levying taxes and assessments, 
borrowing money and contracting debts; and money raised 
by taxation, loan or assessment for any purpose shall not be 
diverted to any other purpose except by authority of law. 

ARTICLE VII. 

Corporations Other than Municipal. 

CONTROLLED BY GENERAL LAW. 

Sec. 131. No charter of incorporation shall be granted, 
changed or amended by special law, except in the case of 
such municipal, charitable, educational, penal or reformatory 



STATE OF NORTH DAKOTA. 37 



corporations as may be under the control of the state; but 
the legislative assembly shall provide by general laws for the 
organization of all corporations hereafter to be created, and 
any such law, so passed, shall'be subject to future repeal or 
alteration. 

CHARTERS AND SPECIAL PRIVILEGES — WHEN INVALID. 

Sec. 132. All existing charters or grants of special and ex- 
clusive privilfges, under which a bona fide organization shall 
not have taken place and business been commenced in good 
faith at the time this constitution takes effect, shall there- 
after have no validity. 

charters SUBJECT TO PROVISIONS OF CONSTITUTION. 

Sec. 133. The legislative assembly shall not remit the for- 
feiture of the charter to any corporation now existing, nor alter 
or amend the same, nor pass any other general or special law 
for the benefit of such corporation, except upon the condition 
that such corporation shall thereafter hold its charter subject 
to the provisions of this constitution. 

RIGHT OF eminent DOMAIN — POLICE POWERS. 

Sec. 134. The exercise of the right of eminent domain shall 
never be abridged, or so construed as to prevent the legislative 
assembly from taking the property and franchises of incorpo- 
rated companies and subjecting them to public use, the same 
as the property of individuals; and the exercise of the police 
power of this state shall never be abridged, or so construed as 
to permit corporations to conduct their business in such a 
manner as to infringe the equal rights of individuals or the 
general well-being of the state. 

ELECTION OF CORPORATION DIRECTORS. 

Sec 135. In all elections for directors or managers of a 
corporation, each member or shareholder may cast the whole 
number of his votes for one candidate, or distribute them 
vipon two or more candidates, as he may prefer. 

FOREIGN RESTRICTIONS. 

Sec. 136. No foreign corporation shall do business in this 
state without having one or more places of business and an 
authorized agent or agents in the same, upon whom process 
may be served. 

Sec. 137. No corporation shall engage in any business other 
than that expressly authorized in its charter. 

Sec. 138. No corporation shall issue stock or bonds except 
for money, labor done, or money or property actually received; 
and all fictitious increase of stock or indebtedness shall be void. 
The stock and indebtedness of corporations shall not be 



38 LEGISLATIVE MANUAL, 



increased except in pursuance of general law, nor without the 
consent of the persons holding the larger amount in value of 
the stock first obtained at a meeting to be held after sixty 
days' notice given in pursuance of law. 

LOOAL CHARTERS — WHEN NOT TO BE GRANTED. 

Sec. 139. No law shall be passed by the legislative assembly 
granting the right to construct and operate a street railroad, 
telegraph, telephone or electric light plant within any city, 
town or incori)orated village, without requiring the consent of 
the local authorities having the control of the street or high-, 
way proposed to be occupi^ for such purposes. 

RAILROAD CORPORATIONS— ANNUAL REPORTS. 

Sec. 140. Every railroad corporation organized and doing 
business in this state under the laws or authority thereof, 
shall have and maintain a public office or place in the state 
for the transaction of its business, where transfers of its stock 
shall be made and in which shall be kept for public inspection 
books in which shall be recorded the amount of capital stoctv 
subscribed, and by whom, the names of the owners of its 
stock and the amount owned by them respectively ; the 
amount of stock paid in and by whom, and the transfers of 
said stock; the amount of its assets and liabilities and the 
names and place of residence of its officers. The directors of 
every railroad corporation shall annually make a report, under 
oath, to the auditor of public accounts, or some officer or of- 
ficers to be designated by law, of all their acts and doings, 
which report shall include such matters relating to railroads 
as may be prescribed by law, and the legislative assembly 
shall pass laws enforcing by suitable penalties the provisions 
of this section; provided, the provisions of this section shall 
not be so construed as to apply to foreign corporations. 

CONSOLIDATION OP STOCK PROHIBITED. 

Sec. 141. No railroad corporation shall consolidate ita 
stock, property or franchises with any other railroad corpora- 
tion owning a parallel or competing line; and in no case shall 
any consolidation take place except upon public notice given 
at least sixty days to all stockholders, in such manner as may 
be provided by law. Any attempt to evade the provisions of 
this section by any railroad corporation, by lease or other- 
wise, shall work a forfeiture of its charter. 

TRANSPORTATION RATES — LEGISLATIVE CONTROL. 

Sec 142. Railways heretofore constructed, or that may 
hereafter be constructed in this state are hereby declared pub- 
lic highways, and all railroad, sleeping car, telegraph, tele- 
phone and transportation companies of passengers, intelli- 



STATE OF NORTH DAKOTA. 39 



gence and freight, are declared to be common carriers and sub- 
ject to legislative control; and the legislative assembly shall 
have power to enact laws regalating and controlling the rates 
of charges for the transportation of passengers, intelligence and 
freight, as such common carriers, from one point to another 
in this state; provided, that appeal may be had to the courts 
of this state from the rates so fixed; but the rates fixed by 
the legislative assembly or board of railroad commissioners 
shall remain in force pending the decision of the courts. 

RAILROADS— GENBBAL. RIGHTS. 

Sec. 143. Any association or corporation organized for the 
purpose shall have the right to construct and operate a rail- 
road between any i)oints within this state, and to connect at 
the state line with the railroads of other states. Every rail- 
road company shall have the right with its road to intersect, 
connect with or cross any other, and shall receive and trans- 
port each other's passengers, tonnage and* cars, loaded or 
empty, without delay or discrimination. 

CORPORATION — HOW CONSTRUED. 

Sec. 144. The term * 'corporation" as used in this article, 
shall not be understood as embracing municipalities or politi- 
cal divisions of the state unless otherwise expressly stated, 
but it shall be held and construed to include all associations 
and joint stock companies having any of the powers or priv- 
ileges of corporations not possessed by individuals or partner- 
ships. 

BANKING LAWS — WHAT TO PROVIDE. 

Sec. 145. If a general banking law be enacted, it shall 
provide for the registry and countersigning by an officer of 
the s«ate, of all notes or bills designed for circulation, and 
that ample security to the full amount thereof shall be 
dei)osited with the state treasurer for the redemption of such 
notes or bills. 

TRUSTS AND COMBINATIONS UNLAWFUL. 

Sec. 146. Any combination between individuals, corpora- 
tions, associations, or either, having for its object or effect the 
controlling of the price of any product of the soil or any 
article of manufacture or commerce, or the cost of exchange 
or transportation, is prohibited and hereby declared unlawful 
and against public policy; and any and all franchises hereto- 
fore granted or extended, or that may hereafter be granted or 
extended in this state, whenever the owner or owners thereof 
violate this article shall be deemed annulled and become void. 



40 LEGISLATIVE MANUAL, 



ARTICLE VIII. 
Education. 

SCHOOLS— SECTARIAN CONTROL PROHIBITED. 

Sec. 147. A hi^h degree of intelligence, patriotism, integ- 
rity and morality on the psrt of every voter in a government 
by the people being necessary in order to insure the continu- 
ance of that government and the prosperity and happiness of 
the people, the legislative assembly shall make provision for 
the establishment and maintenance of a system of public 
schools which shall be opened to all children of the state of 
North Dakota and free from sectarian control. This legis- 
lative requirement shall be irrevocable without the consent of 
the United States and the people of North Dakota. 

UNIFORM system. 

Sec. 148. Th^ legislative assembly shall provide, at its 
first session after the adoption of this constitution, for a uni- 
form system of free public schools throughout the state; be- 
ginning with the primary and extending through all grades 
up to and including the normal and collegiate course. 

Sec. 149. In all schools instraction shall be given as far as 
practicable in those branches of knowledge that tend to im- 
press upon the mind the vital importance of truthfulness, 
temperance, purity, public spirit, and respect for honest labor 
of every kind. 

county superintendent of schools. 

Sec. 150. A superintendent of schools for each county 
shall be elected every two years, whose qualifications, duties, 
powers and compensation shall be fixed by law. 

TO PROVIDE against ILLITERACY. 

Sec. 151. The legislative assembly shall take such other 
steps as may be necessary to prevent illiteracy, secure a 
reasonable degree of ubiformity in course of study, and to 
promote industrial, scientific and agricultural improvements. 

EDUCATIONAL INSTITUTIONS UNDER STATE CONTROL. 

Sec. 152. All colleges, universities and other educational 
institutions, for the support of which lands have been granted 
to this state, or which are supported by a public tax, shall 
remain under the absolute and exclusive control of the state. 
No money raised for the f uppurt of the public schools of the 
state shall be appropriated to or used for the support of any 
sectarian school. 



STATE OF NORTH DAKOTA. 41 

ARTICLE IX. 
School and Public Lands. 

SCHOOL FUNDS — ^HOW CONSTITUTBD. 

Sec. 153. All proceeds of the public lands tha*". have here- 
tofore been, or may hereafter be granted by the United States 
for the support of the common schools in this state; all such 
per centum as may be granted by the United States on the 
sale of public lands; the proceeds of property that shall fall 
to the state by escheat; the proceeds of all gifts and dona- 
tions to the state for common schools, or not otherwise appro- 
priated by the terms of the gift, and all other property other- 
wise acquired for common schools, shall be and remain a 
perpetual fund for the maintenance of the common schools of 
the state. It shall be deemed a trust fund, the principal of 
which shall forever remain inviolate and may be increased 
but never diminished. The state shall make good all losses 
thereof. 

APPOBTIONMENT OF SCHOOL FUNDS. 

Sec. 154. The interest and income of this fund together 
with the net proceeds of all fines for violation of state laws, 
and all other sums which may be added thereto by law, shall 
be faithfully used and applied each year for the benefit of the 
common schools of the state, and shall be for this purpose 
apportioned among and between all the several common 
school corporations of the state in proportion to the number 
of children in each of school age, as may be fixed by law, and 
no part of the fund shall ^-ver be diverted even temporarily, from 
this purpose or used fur any other purpose whatever than the 
maintenance of common schools for the equal benefit of all the 
people of the state; provided, however, that if any portion of 
the interest or income aforesaid be not expended during any 
year, said portion shall be added to and become a part of the 
school fund. 

SCHOOL LANDS — HOW SOLD. 

Sec. 155. After one year from the assembling of the first 
legislative assembly the lands granted to the state from the 
United States for the support of the common schools, may be 
sold upon the following conditions and no othnr: No more 
than one-fourth of all such lands shall be sold within the first 
five years after the same bedome saleable by virtue of this 
section. No more than one-half of the remainder within ten 
years after the same become saleable as aforesaid. The 
residue may be sold at any time after the expiration of said 
ten years. The legislative assembly shall provide for the sale 
of all school lands subject to the provisions of this article. 
The coal lands of the state shall never be sold, but the legis- 
lative assembly may by general laws provide for leasing the 



42 LEGISLATIVE MANUAL, 



same. The words "coal lands" shall inclode lands bearing- 
lignite coal. 

BOARD OF UNIVERSITY AND SCHOOL LANDS. 

Sec. 156» The superintendent of public instruction, gov- 
ernor, attorney general, secretary of state and state auditor 
shall constitute a board of commissioners, which shall be de- 
nominated the "Board of University and School Lands," and 
subject to the provisions of this article, and any law that may 
be passed by the legislative assembly, said board shall have 
control of the appraisement, sale, rental and disposal of all 
school and university lands, and shall direct the investment 
of the funds arising therefrom in the hands of the state treas- 
urer, under the limitations in section 160 of this article. 

BOARDS OF APPRAISAL OF SCHOOL LANDS. 

Sec. 157. The county superintendent of common schools, 
the chairman of the county" board, and the county auditor 
shall constitute boards of appraisal and under the authority 
of the state board of university and school lands shall ap- 
praise all school lands within their respective counties which 
they may from time to time recommend for sale at their 
actual value under the prescribed terms and shall first select 
and designate for sale the most valuable lands. 

TERMS OF SALE OF SCHOOL LANDS. 

Sec. 158. No lands shall be sold for less than the appraised 
value, and in no case for less than $10 per acre. The pur- 
chaser shall pay one-fifth of the price in cash and the remain- 
ing four-fifths as follows : One-fifth in five years, one-fifth in 
ten years, one-fifth in fifteen years and one-fifth in twenty 
years, with interest at the rate of not less than six per centum, 
payable annually in advance. All sales shall be iield at the 
county seat of the county in which the land to be sold is situ- 
ate, and shall be at public auction and to the highest bidder, 
after sixty days' advertisement of the same in a newspaper of 
general circulation in the vicinity of the lands to be sold, and 
one at the seat of government. Such lands as shall not have 
been specially subdivided shall be offered in tracts of one- 
quarter section, and those so subdivided in the smallest sub- 
divisions. All lands designated for sale and not- sold within 
two years after appraisal shall be reappraised before they are 
sold. No grant or patent for anj such lands shall issue until 
payment is made for the same ; provided, that the lands 
contracted to be sold by the state shall be subject to taxation 
from the date of such contract. In case the taxes assessed 
against any of said lands for any year remain unpaid until the 
first Monday in October of the following year, then and there- 
upon the contract of sale for such lands shall become null and 
void. 



STATE OF NORTH DAKOTA. 43 



SCHOOL FUND PERPETUAL AND INVIOLABLE. 

Sec. 159. All land, money or other property donated, 
granted or received from the United States or any other source 
for a university, school of mines, reform school, agricultural 
college, deaf and dumb asylum, normal school, or other educa- 
tional or charitable institution or purpose ; and the proceeds 
of all such lands and other property so received from any 
soiree, shall be and remain perpetual funds, the interest and 
income of which, together with the rents of all such lands as 
may remain unsold, shall be inviolably appropriated and ap- 
plied to the specific objects of the original grants or gifts. The 
principal of every such fund may be increased but shall never 
be diminished, and the interest and income only shall be used. 
Every such fuad shall be deemed a trust fund held by the 
state, and the state shall make good all lopses thereof. 

manner of apiraisement or school lands. 

Sec. 160. All lands mentioned in the preceding section 
shall be appraised and sold in the same manner and under the 
same limitations and subject to all the condition^ as to price 
and sale as provided above for the appraisal and sale of lands 
for the benefit of common schools; but a distinct and separate 
account shall be kept by the proper officers of each of said 
funds; provided, that the limitations as to the time in which 
school land may be sold shall apply only to lands granted for 
the support of common schools. 

SCHOOL lands may BE LEASED. 

Sec. 161. The legislative assembly shall have authority to 
provide by law for the leasing of lands granted to the state 
for educational and charitable purposes; but no such law 
shall authorize the leasing of said lands for a longer period 
than five years. Said lands shall only be leased for pasturage 
and meadow purposes and at a public auction after notice as 
heretofore provided in case of sale; provided, that all of said 
school lands now under cultivation may be leased, at the dis- 
cretion and under the control of the board of university and 
school lands, for other than pasturage and meadow purposes 
until sold. All rents shall be paid in advance. 

school funds— how invested. 

Sec. 162. The moneys of the permanent school fund and 
other educational funds shall be invested only in bonds of 
school corporations within the state, bonds of the United 
States, bonds of the state of North Dakota, or in tirst mort- 
gages on farm lands in the state, not exceeding in amount 
one-third of the actual value of any subdivision on which the 
same may be loaned, such value to be determined by the 
board of appraisers of school lands. 



44 LEGISLATIVE MANUAL, 



SPECIAL PRIVILEGES PROHIBITED. 

Sec. 163. No law shall ever be passed by the legislative 
assembly granting to any person, corporation or association 
any privileges by reason of the occupation, cultivation or im- 
provement of any public lands by said person, corporation or 
association subsequent to the survey thereof by the general 
government. No claim for the occupation, cultivation or im- 
provement of any public lands shall ever be recognized, nor 
shall such occupation, cultivation or improvement of any pub- 
lic lands ever be used to diminish, either directly or indirectly, 
the purchase price of said lands. 

PUBLIC LANDS — SALE OR RENT OF. 

Sec. 164. The legislative assemply shall have authority to 
provide by law for the sale or disposal of all public lands that 
have been heretofore, or may hereafter be granted by the United 
States to the state for purposes other than set forth and 
named in sections 153 and 159 of this article. And the legis- 
lative assembly, in providing for the appraisement, sale, 
rental and disposal of the same, shall not be subject to the 
provisions and limitations of this article. 

SCHOOL FUNDS— PENALTY FOR MISAPPROPRIATING. 

Sec. 165. The legislative assembly shall pass suitable laws 
for the safe keeping, transfer and disbursement of the state 
school funds; and shall require all officers charged with the 
same or the safe keeping thereof to give ample bonds for all 
moneys and funds received by them, and if any of said officers 
shall convert to his own use in any manner or form, or shall 
loan with or without interest or shall deposit in his own name, 
or otherwise than in the name of the state of North Dakota, 
or shall deposit in any banks or with any person or persons, 
or exchange for other funds or property any portion of the 
echool funds aforesaid, or purposely allow any portion of the 
same to remain in his own hands uninvested, except in the 
manner prescribed by law, every such act shall constitute an 
embezzlement of so much of the aforesaid school lunds as 
shall be thus taken or loaned, or deposited, or exchanged, or 
withheld, and shall be a felony; and any failure to pay over, 
produce or account for the state school funds or any part of 
the same entrusted to any such officer, as by law required or 
demanded, shall be held and be taken to be prima facie evi- 
dence of such embezzlement. 



STATE OP NORTH DAKOTA. 45 

ARTICLE X. 
County and Township Organization. 

COUNTIES OF THE STATE— ORGANIZATION— BOUNDARIES. 

Sec. 166. The several counties in the territory of Dakota 
lying north, of the seventh standard parallel as they now exist, 
are hereby declared to be counties of the state of North 
Dakota. 

Sec 167. The legislative assembly shall provide by general 
law for organizing new counties, locating the county seats 
thereof temporarily, and changing county lines, but no new 
county shall be organized, nor shall any organized county be 
so reduced as to include an area of less than twenty-four con- 
gressional townships, and containing a population of less than 
one thousand bona fide inhabitants. And in the organization 
of new counties and in changing the lines of organized 
counties and boundaries of congressional townships, ttie nat- 
ural boundaries shall be observed as nearly ah may be. 

Sec. 168. All changes in the boundaries of organized 
counties before taking effect shall be submi'ted to the electors 
of the county or counties to be affected thereby at a general 
election and be adopted by a majority of all the legal votes 
cast in each county at such election; and in case any portion 
of an organized county is stricken off and added to another 
the county to which such portion is added shall assume and 
be holden for an equitable proportion of the indebtedness of 
the county so reduced. 

COUNTY SEATS — HOW CHANGED. 

Sec. 169. The legislative assembly shall provide by gen- 
eral law for changing county seats in organized counties, but 
it shall have no power to remove the county seat of any organ- 
ized county. 

TOWNSHIP ORGANIZATION. 

Sec. 170. The legislative assembly shall provide by gen- 
eral law for township organization, under which any county 
may organize, whenever a majority of all the legal voters of 
such county, voting at a general election, shall so determine, 
and whenever any county shall adopt township organization, 
so much of this constitution as provides for the management 
of the fiscal concerns of said county by the board of county 
commissioners may be dispensed with by a majority vote of 
the people voting at any general election; and the affairs of 
said county may be transacted by the chairmen of the several 
township boards of said county, and such others as may be 
provided by law for incorporated cities, towns or villages 
within such county. 



46 LEGISLATIVE MANUAL, 



(DOUNTY GOVERNMENT BY CHAIRMEN TOWNSHIP BOARDS. 

Sec. 171. In any county that shall have adopted a system of 
government by the ehairmen of the several township boards, 
the question of continuing the same may be submitted to the 
electors of such county at a general election in such a man- 
ner as may be provided by law, and if a majority of all the 
votes cast upon such question shall be against said system of 
government, then such system shall cease in said county and 
the affairs of said county shall then be transacted by a board 
of county commissioners as is now provided by the laws of 
the territory of Dakota. 

COUNTY COMMISSIONERS— NUMBER OP. 

Sec. 172. Until the system of county government by the 
chairmen of the eeveral township boards is adopted by any 
county, the fiscal affairs of said county shall be transacted by 
a board of county commissioners. Said board shall consist 
of not less than three and not more than five members, whose 
term of oflSce shall be prescribed by law. Said board shall 
hold sessions for the transaction of county business as shall 
be provided by law. 

COUNTY OFFICERS — WHEN ELECTED — TERM OF OFFICE. 

Sec 173. At the first general election held after the adop- 
tion of this constitution, and every two years thereafter, there 
shall be elected in each organized county in the state, a 
county judge, clerk of court, register of deeds, county auditor, 
treasurer, sheriff and states attorney, who shall be electors of 
the county in which they are elected, and who shall hold their 
office until their successors are elected and qualitied. The 
legislative assembly shall provide by law for such other 
county, township and district officers as may be deemed neces- 
sary, and shall prescribe the duties and compensation of all 
county, township and district officers. The sheriff and treas- 
urer of any county shall not hold their rt?spective offices for 
m jre than four years in succession^ 

ARTICLE XI. 

Revenue and Taxation. 

TAXATION RESTRICTED. 

Sec. 174. The legislative assembly shall provide for rais- 
ing revenue sufficient to defray the expenses of the state for 
each year, not to exceed in any one year four (4) mills on the 
dollar of the assessed valuation of all taxable property in the 
state, to be ascertained by the last assessment made for 
state and county purposes, and also a sufficieot sum to pay 
the interest on the state debt. 



STATE OF NOBTH DAKOTA. 47 



Sec. 175. No tax shall be levied except in pursuance of 
law, and every law imposing a tax shall state distinctly the 
object of the same, to which only it shall be applied. 

GROSS EARNINGS SYSTEM — TAXATION OF RAILROADS. 

Sec. 176. Laws shall be passed taxing by uniform rule all 
property! according to its true value in money, but the 
property of the United States and the state, county and munici- 
pal corporations, both real and personal, shall be exempt 
from taxation, and the legislative assembly shall by a ereneral 
law exempt from taxation property used exclusively for 
school, religious, cemetery or charitable purposes and per- 
sonal property to any amount not exceeding in value two 
hundred dollars for each individual liable to taxation; but the 
legislative assembly may by law, provide for the payment of a 
per centum of gross earnings of railroad companies to be paid 
in lieu of all state, county, township and school taxes on 
property exclusively used in and about the prosecution of the 
business of such companies as common carriers, but no real 
estate of said corporations shall be exempted from taxation in 
the same manner, and on the same basis as other real estate 
is taxed, except road-bed, right-of-way, shops and buildings 
used exclusively in their business as common carriers, and 
whenever and so long as such law providing for the payment 
of a percentum on earnings shall be in force, that part of sec- 
tion 179 of this article relating to assessment of railroad prop- 
erty shall cease to be in force. 

assessment of CULTIVATED AND UNCULTIVATED LANDS. 

Sec. 177. All improvements on land shall be assessed in ac- 
cordance with section 179, but plowing shall not be considered 
as an improvement or add to the value of land for the purpose 
of assessment. 

TAXATION— power OF STATE IRREVOCABLE. 

Sec. 178. The power of taxation shall never be surrendered 
or suspended by any grant or contract to which the state or 
any county or other municipal corporation shall be a party. 

assessment— HOW MADE. 

Sec. 179. All property, except as hereinafter in this section 
provided, shall be assessed in the county, city, township, 
town, village or district in which it is situated, in the manner 
prescribed by law. The franchise, roadway, roadbed, rails and 
rolling stock of all railroads operated in this state shall be as- 
sessed by the state board of equalization at their actual value 
and such assessed valuation shall be apportioned to the coun- 
ties, cities, towns, townships and districts in which said roads 
are located, as a basis for taxation of such property in propor- 



48 LEGISLATIVE MANUAL, 



tion to the number of miles of railway laid in such .counties^ 
cities, towns, townships and districts. 

POLL TAX. 

Sec. 180. The legislative assembly may provide for the^ 
levy, collection and disposition of an annual poll tax of not 
more than one dollar and fifty cents on every male in- 
habitant of this state over twenty-one and under fifty years of 
age, except paupers, idiots, insane persons and Indians not 
taxed. 

Sec. 181. The legislative assembly shall pass all laws 
necessary to carry out the provisions of this article. 

ARTICLE XII. 

Public Debt and Public Works. 

PUBLIC DEBT LIMIT. 

Sec. 182. The state may, to meet casual deficits or failure 
in the revenue, or in case of extraordinary emergenc es, con- 
tract debts, but such debts shall never in the aggregate ex- 
ceed the snm of $200,000, exclusive of what may be the debt 
of North Dakota at the time of the adoption of this constitu- 
tion. Every such debt shall be authorized by law for certain 
purposes to be definitely mentioned therein, and every such 
law shall provide for levying an annual tax sufficient to pay 
the interest semi-annually, and the principal within thirty 
years from the passage of such law, and shall specially appro- 
priate the proceeds of such tax to the payment of said 
pt-incipal and interest, and such appropriation shall not be 
repealed nor the tax discontinued until such debt, both prin- 
cipal and interest, shall have been fully paid. No debt in 
excess of the limit named shall be incurred except for the pur- 
pose of repelliog invasion, suppressing insurrection, defending 
the state in time of war, or to provide for public defense in 
case of threatened hostilities; but the issuing of new bonds to 
refund existing indebtedness, shall not be construed to be any 
part or portion of said $200,000. 

COUNTY INDEBTEDNESS LIMITED. 

Sec. 183. The debt of any county, township, city, town, 
school district or any other political subdivision, shall never 
exceed five (5) per centum upon the assessed value of the 
taxable property therein; provided, that any incorporated city 
may, by a two-thirds vote, increase such indebtedness tbree 
per centum on such assessed value beyond said five per 
per cent limit. In estimating the indebtedness which a city, 
county, township, school district or any other political subdi- 
vision may incur, the entire amount of existing indebtedness^ 
whether contracted prior or subsequent to the adoption of 



STATE OF NORTH DAKOTA. 49 



this constitution shall be included; provided, further, that 
any incorporated city may become indebted in any amount not 
exceeding four per centam on such assessed value without 
regard to the existing indebtedness of such city, for the pur- 
pose of constructing or purchasing waterworks for furnishing 
a supply of water to the inhabitants of such city, or for the 
purpose of constructing sewers, and for no other purpose 
whatever. All bonds or obligations in excess of the amount 
of indebtedness permitted by this constitution, given by any 
city, county, township, town, school district or any other 
political subdivision shall be void. 

REPUDIATION PROHIBITED. 

Sec. 184. Any city, county, township, town, school dis- 
trict or any other political subdivision incurring indebtedness 
shall at or before the time of so doing, provide for the collec- 
tion of an annual tax sufficient to pay the interest and also 
the principal thereof when due, and all laws or ordinances pro- 
viding for the payment of the interest or principal of any debt 
shall be irrepealable until such debt be paid. 

PUBLIC CREDIT RESTRICTED. 

Sec. 185. Neither the state nor any county, city, township, 
town, school district or any other political subdivision shall 
loan or give its credit or make donations to or in aid of 
any individual, association or corporation, except for neces- 
sary support of the poor, nor subscribe to or become the 
owner of the capital stock of any association or corporation, 
nor shall the state engage in any work of internal improve- 
ment tinless authorized by a two- thirds vote of the people. 

PUBLIC MONEYS— HOW PAID OUT. 

Sec. 186. No money shall be paid out of the state treasury 
except upon appropriation by law and on warrant drawn by 
the proper officer, and no bills, claims, accounts or demands 
against the state or any county or other political subdivision, 
shall be audited, allowed or paid until a full itemized state- 
ment in writing shall be filed with the officer or officers, whose 
duty it may be to audit the same. 

EVIDENCES OF INDEBTEDNESS — WHEN INVALID. 

Sec. 187. No bond or evidence of indebtedness of the state 
shall be valid unless the same shall have endorsed thereon a 
certificate, signed by the auditor and secretary of state, show- 
ing that the bond or evidence of debt is issued pursuant to 
law and is within the debt limit. No bond or evidence of 
debt of any county, or bond of any township or other political 
subdivision shall be valid unless the same have endorsed 
thereon a certificate signed by the county auditor, or other 
officer authorized by law to sign such certificate, stating that 
said bond, or evidence of debt, is issued pursuant to law and 
is within the debt limit. 

Man.- 4. 



50 LEGISLATIVE MANUAL, 

ARTICLE XIII. 
Militia. 

WHAT CX)NSTITUTE. 

Seo. 188. The militia of this state shall consist of all able- 
bodied male persons residing in the state, between the ages of 
eighteen and forty-five years, except such as may be exempted 
by the laws of the United States or of this state. Persons whose 
religious tenets or conscientious scruples forbid them to bear 
arms shall not be compelled to do so in times of peace, but 
shall pay an equivalent for a personal service. 

HOW OROANIZBD. 

Seo. 189. The militia shall be enrolled, organized, uni- 
formed, armed and disciplined in such a manner as shall be 
provided by law, not incompatible with the constitution or 
laws of the United States. 

HOW classified. 

Seo. 190. The legislative assembly shall provide by law for 
the establishment of volunteer organizations of the several 
arms of the service, which shall be classed as active militia; 
and no other organized body of armed men shall be permitted 
to perform military duty in this state except the army of the 
United States, without the proclamation of the governor of 
the state. • 

MIIilTIA — OPPICERS OP. 

Sec. 191. All militia offtcers shall be appointed or elected 
in such a manner as the legislative assembly shall provide. 

Sec. 192. The commissioned officers of the militia shall be 
commissioned by the governor, and no commissioned officer 
shall be removed from office except by sentence of court mar- 
tial, pursuant to law. 

WHEN privileged FROM ARREST. 

Sec. 193. The militia forces shall in all cases, except 
treason, felony or breach of the peace, be privileged from 
arrest during their attendance at musters, parades and 
elections of officers, and in going to and returning from the 
same. 



STATE OF NORTH DAKOTA. 51 

ARTICLE XIV. 
Impeachment and Removal From Office. 

SOLE POWER WITH HOUSE. 

Seo. 194. The house of representatives shall have the sole 
power of impeachmeot. The concurrence of a majority of all 
members elected shall be necessary to an impeachment. 

TO BE tried by SENATE. 

Sec. 195. All impeachments shall be tried by the senate. 
When sittinf? for that purpose the senators shall upon oath 
or aflBrmation to do justice according to the law and evidence. 
No person shall be convicted without the concurrence of two- 
thirds of the members elected. When the governor or lieuten- 
ant governor is on trial, the presidio g judge of the supreme 
court shall preside. 

WHO LIABLE TO. 

Sec. 196. The governor and other state and judicial officers, 
except county judges, justices of the peace and police magis- 
trates, shall be liable to impeachment for habitual drunken- 
ness, crimes, corrupt conduct, or malfeasance or misdemeanor 
in office, but judgment in such cases shall not extend further 
than removal from office and disqualification to hold any office 
of trust or profit under the state. The person accused, whether 
convicted or acquitted, shall nevertheless be liable to indict- 
ment, trial, judgment and punishment according to law. 

REMOVAL FROM OFFICE — WHO LIABLE. 

Sec. 197. All officers not liable to impeachment shall be 
subject to removal for misconduct, malfeasance, crime or mis- 
demeanor in office, or for habitual drunkenness or gross 
incompetency in such manner as may be provided by law. 

Sec. 198. No officer shall exercise the duties of his office 
after he shall have been impeached and before his acquittal. 

IMPEACHMENT — CHARGES TO BE SERVED. 

Sec. 199. On trial of impeachment against the governor, 
the lieutenant-governor shall not act as a member of the court. 

Sec. 200. No person shall be tried on impeachment before 
he shall have been served with a copy thereof, at least twenty 
days previous to the day set for trial. 

Sec. 201. No person shall be liable to impeachment twice 
for the same offense. 



52 LEGISLATIVE MANUAL, 

ARTICLE XV. 

Future Amendments. 

Sec. 202. Any amend ment or amendments to this consti- 
tution may be proposed in either house of the legislative as- 
sembly; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
amendment shall be entered on the journal of the house with 
the yeas and nays taken thereon, and referred to the legisla- 
tive assembly to be chosen at the next general election, and 
shall be published, as provided by law, for three months pre- 
vious to the time of making such choice, and if in the legislative 
assembly so next chosen as aforesaid such .proposed amend- 
ment or amendments shall be agreed to by a majority of all 
the members elected to each house, then it shall be the duty 
of the legislative assembly to submit such proposed amend- 
ment or amendments to the people in such manner and at 
such time as the legislative assembly shall provide; and if the 
people shall approve and ratify such amendment or amend- 
ments by a majority of the electors qualified to vote for mem- 
bers of the legislative assembly voting thereon, such amend- 
ment or amendments shall become a part of the constitution of 
this state. If two or more amendments shall be submitted at 
the same time they shall be submitted in such manner that 
the electors shall vote for or against each of such amendments 
separately. 

ARTICLE XVI. 
Compact With the United States. 

TOLERATION OF RELIGIOUS SENTIMENT. 

The following article shall be irrevocable without the con- 
sent of the United States and the people of this state. 

Sec. 203. First. Perfect toleration of religious sentiment 
shall be secured, and no inhabitant of this state shall ever be 
molested in person or property on account of his or her mode 
of religious worship. 

STATE DISCLAIMS TITLE TO UNAPPROPRIATED PUBLIC LANDS. 

Second. The people inhabiting this state do agree and de- 
clare that they forever disclaim all right and title to the un- 
appropriated public lands lying within the boundaries thereof, 
and to all lands lying within said limits owned or held by any 
Indian or Indian tribes, and that until the title thereto shall 
have been extinguished by the United States, the same shall 
be and remain subject to the disposition of the United States, 
and that said Indian lands shall remain under the absolute 
jurisdiction and control of the congress of the United States: 
that the lands belonging to citizens of the United States 



STATE OF NORTH DAKOTA. 53 



residing without this state shall never be taxed at a higher 
rate than the lands belonging to residents of this state; that 
no taies shall be imposed by this state on lands or property 
therein, belonging to, or which may hereafter be purchased 
by the United States, or reserved for its use. But nothing in 
this article shall preclude this state from taxing as other lands 
are taxed, any lands owned or held by any Indian who has 
•severed his tribal relations, and has obtained from the United 
States or from any person, a title thereto, by patent or other 
grant, save and except such lands as have been or may be 
granted to any Indian or Indians under any acts of congress 
containing a provision exempting the lands thus granted from 
taxation, which last mentioned lands shall be exempt from 
taxation so long, and to such an extent, as is, or may be pro- 
vided in the act of congress granting the same. 

' DIVISION OP TERRITORIALi DEBTS AND LIABILITIES. 

Third. In order that payment of the debts and liabilities 
contracted or incurred by and in behalf of the territory of 
Dakota m^y be justly acd equitably provided for and mede, 
»nd in pursuance of the requirements of an act of congress 
approved February 22, 1889, entitled "An act to provide for 
the division of Dakota into two states and to enable the 
people of North Dakota, South Dakota, Montana and Wash- 
ington to form constitutions and state governments and to be 
admitted into the union on an equal footing with the original 
states, and to make donations of public Jands to such states, 
the states of North Dakota and South Dakota, by proceedings 
>of a joint commission, duly appointed under said act, the ses- 
sions whereof were held at Bismarck in said state of North 
Dakota, from July 16, 1889, to July 31, 1889, inclusive, have 
agreed to the following adjustment of the amounts of the 
debts and liabilities of the territory of Dakota, which shall be 
assumed and paid by each of the states of North Dakota and 
South Dakota, respectively, to-wit: 

DIVISION AGREEMENT — WHEN TO TAKE EFFECT. 

This agreement shall take effect and be in force from and 
after the admission into the union as one of the United States 
of America, of either the state of North Dakota or the state 
of South Dakota. 

The words "State of North Dakota," wherever used in this 
agreement shall be taken to mean the territory of North Da- 
kota in case the state of South Dakota shall be admitted into 
the union prior to the admission into the union of the state 
of North Dakota ; and the words "State of South Dakota," 
wherever used in this agreement shall be taken to mean the 
territory of South Dakota in case the s'ate of North Dakota 
shall be admitted into the union prior to the admission into 
the union of the state of South Dakota. 



54 LEGISLATIVE MANUAL, 



DEBTS AND LIABILITIES — WHAT NORTH DAKOTA ASSUMES. 

The said state of North Dakota shall assume and pay all 
bonds issued by the territory of Dakota to provide funds for 
the purchase, construction, repairs or maintenance of such 
public institutions, grounds or buildings as are located within 
the boundaries of North Dakota, and shall pay all warrants 
issued under and by virtue of that certain act of the legisla- 
tive assembly of the territory of Dakota, approved March 8, 
1889, entitled. **an act to provide for the refunding of out- 
standing warrants drawn on the capitol building fund." 

DEBTS AND LIABILITIES — WHAT SOUTH DAKOTA TO ASSUME. 

The state of South Dakota shall assume and pay all bonds 
issued by the territory of Dakota to provide funds for the pur- 
chase, construction, repairs or maintenance of such public 
institutions, grounds or buildings as are located within the 
boundaries of South Dakota. 

NORTH DAKOTA TO ASSUME CERTAIN BONDS. 

That is to say: The state of North Dakota shall assume 
and pay the following bonds and indebtedness, to- wit: 

Bonds issued on account of the hospital for insane at 
Jamestown, North Dakota, the face aggregate of which is 
$266,000; also, bonds issued on account of the North Dakota 
university at Grand Porks, North Dakota, the face aggregate 
of which is $96,700; also, bonds issued on account of the peni- 
tentiary at Bismarck, North Dakota, the face aggregate of 
which is $93,600; also, refunding capitol building warrants 
dated April 1, 1889, $83,507.46. 

SOUTH DAKOTA TO ASSUME CERTAIN BONDS. 

And the state of South Dakota shall assume and pay the 
following bonds and indebtedness, to-wit: 

Bonds issned on account of the hospital for the insane at 
Yankton, South Dakota, the face aggregate of which is 
?210,000; also, bonds issued on account of the school for deaf 
mutes at Sioux Palls, South Dakoa, the face aggregate of 
which is $51,000: also, bonds issued on account of the univer- 
sity at Vermillion, South Dakota, the face aggregate of which 
is $75,000; also bonds issued on account of the penitentiary 
at Sioux Pallp, South Dakota, the face value of which 
is $94,300, also, bonds issued on account of the agricultural 
college at Brookings, South Dakota, the face aggregate of 
which is $97,500; also, bonds issued on account of the normal 
school at Madison, South Dakota, the face aggregae of 
which is $49,400; also, bonds issued on account of the school 
of mines at Rapid City, South Dakota, the face aggregate of 
which is $33,000; also, bonds issued on account of the reform 
school at Plankinton, South Dakota, the face aggregate of 



STATE OF NORTH DAKOTA. 55 



which is $30,000; also, bonds issued on account of the normal 
school a» Spearfish, South Dakota, the face- aggregate of 
which is $25,0J0; also, bonds issued on account of the soldiers' 
home at Hot Springs, South Dakota, the face aggregate of 
which is $45,000. 

DIVISION OP LIABILITIES — AOOOUNT PUBLIC INSTITUTIONS. 

The states of North Dakota and South Dakota shall pay 
one-half each of all liabilities now existing or hereafter and 
prior to the taking effect of this agreement incurred, except 
those heretofore or hereafter incurred, on account of pablic 
institutions, grounds or buildings, except as otherwise herein 
specifically provided. 

SOUTH DAKOTA TO PAY NORTH DAKOTA CERTAIN SUMS. 

The state of South Dakota shall pay to the state of North 
Dakota $46,503, on account of the excess of territorial ap- 
propriations for the permanent improvement of territorial 
institutions which under this agreement will go to South Da- 
kota, and in fall of the undivided one-half interest of North 
Dako*a in the territorial library, and in fall settlement of 
unbalanced accounts, and of all claims against the territory 
of whatever nature, legal or equitable, arising out of the al- 
leged erroneous or unlawful taxation of Northern Paci6c rail- 
road lands, and the payment of said amount shall discharge 
and exempt the state of South Dakota from all liability for or 
on account of the several matters hereinbefore referred to; 
nor shall either state be called upon to pay or answer to any 
portion of liability hereafter arising or accruing on account 
of transactions heretofore had, which liability would be a lia- 
bility of the territory of Dakota had such territory remained 
in existence, and which liability shall grow out of matters 
connected with any public institutions, grounds or buildings 
of the territory situated or located within the boundaries of 
the other state. 

ADJUSTMENT OF ACCOUNTS — BASIS OP. 

A final adjustment of accounts shall be made upon the fol- 
lowing basis: North Dakota shall be charged with all sums 
paid on account of the public institutions, grounds or build- 
ings located within its boundaries on account of the current 
appropriations since March 9, 1889; and South Dakota shall 
be charged with all sums paid on account of public institu- 
tions, grounds or buildings located within its boundaries on 
the same account and during the same time. Each state shall 
be charged with one-half of all other expenses of the terri- 
torial government during the same time. All moneys paid 
into the treasury during the period from March 8, 1889, to the 
time of taking f ffect of this agreement by any county, munici- 



56 LEGISLATIVE MANUAL, 



pality or person within the limits of the proposed state of 
North Dakota, «hall be credited to the state of North Dakota, 
and all sums paid into said treasury within the same time by 
any county, municipality or person within the limits of the 
proposed state of South Dakota shall be credited to the state 
of South Dakota; except that any and all taxes on gross earn- 
ings paid into said treasury by railroad corporations, since the 
8th day of March, 1889, based upon earnings of years prior to 
1888, under and by virtue of the act of the legislative as- 
sembly of the territory of Dakota, approved March 7, 1889, 
and entitled *'an act providing for the levy and collection of 
taxes upon property of railroad companies in this territory," 
being chapter 107 of the session laws of 1889 (that is, the part 
of such sums going to the territory), shall be equally divided 
between the states of North Dakota and South Dakota, and 
all taxes heretofore or hereafter paid into said treasury under 
and by virtue of the act last mentioned, based on the gross 
earnings of the year 1888, shall be distributed as already pro- 
vided by law, except that so much thereof as goes to the terri- 
torial treasury shall be divided as follows: North Dakota 
shall have so much thereof as shall be or has been paid by 
railroads within the limits of the proposed state of North 
Dakota, and South Dakota so much thereof as shall be or has 
been paid by railroads within the limits of the proposed state 
of South Dakota; each state shall be credited also with all 
balances of appropriations made by the seventeenth legisla- 
tive assembly of the territory of Dakota for the account of the 
public institutions, grounds or buildings situated within its 
limits, remaining unexpended on March 8, 1889. If there 
shall be any indebtedness except the indebtedness represented 
by the bonds and refunding warrants hereinbefore mentioned, 
each state shall at the time of such final adjustment of ac- 
counts, assume its share of said indebtedness as determined 
by the amount paid on account of the public institutions, 
grounds or buildings of such state in excess of the receipts 
from counties, municipalities, railroad corporations or persons 
within the limits of said state, as provided in this article; and 
if there should be a surplus at the time of such final adjust- 
ment, each state shall be entitled to the amounts received 
from counties, municipalities, railroad corporations or per- 
sons within its limits over and above the amount charged it. 
And the state of North Dakota hereby obligates itself to pay 
such part of the debts and liabilities of the territory of Dakota 
as is declared by the foregoing agreement to 'be i's proportion 
thereof, the same as if such proportion had been originally 
created by said state of North Dakota as its own debt or 
liability. 

JURISDICTION OVER MILITARY RESERVATIONS. 

Sec. 204. Jurisdiction is ceded to the United States over 
the military reservations of Fort Abraham Lincoln, Fort Bu- 



STATE OF NORTH DAKOTA. 57 



ford, Fort Pembina and Fort Totten, heretofore declared by the 
president of the United States; provided, legal process, civil 
and criminal, of this sta^e, shall extend over such reservations 
in all cases in which exclusive jurisdiction is not vested in 
the United States, or of crimes not committed within the 
limits of such reservations. 

LAND GRANTS — ACCEPTANCE OF. 

Sec. 205. The state of North Dakota hereby accepts the 
several grants of land granted by the United States to the 
state of North Dakota by an act of congress, entitled **An act 
to provide for the division of Dakota into two states, and to 
enable the people of North Dakota, South Dakota, Montana 
and Washington to form constitutions and state governments, 
-and to be admitted into the union on equal footing with the 
original states, and to make donations of public lands to 
such states," under the conditions and limitations therein 
mentioned; reserving the right, however, to apply to conejress 
for modifications of said conditions and limitations in case of 
necessity. 

ARTICLE XVII. 

Miscellaneous. 

NORTH DAKOTA — BOUNDARY OF. 

Sec. 206. The name of this statd shall be "North Dakota." 
The state of North Dakota shall consist of all the territory 
included within the following boundary, to- wit: Commenc- 
ing at a point in the main channel of the Red River of the 
North, where the forty-ninth degree of north latitude crosses 
the same; thence south up the main channel of the same and 
along the boundary line of the state of Minnesota to a point 
where the seventh standard parallel intersects the same; 
thence west along said seventh standard parallel produced 
due west to a point where it intersects the twenty-seventh 
meridian of longitude west from Washington; thence north on 
said meredian to a point where it intersects the forty-ninth 
degree of north latitude; thence east along said line to place 
of beginning. 

STATE SEAL. 

Sec. 207. The following described seal is hereby declared 
to be and hereby constituted the great seal of the state of 
North Dakota, to-wit: A tree in the open field, the trunk of 
which is surrounded by three bundles of wheat; on the right 
a plow, anvil and sledge; on the left a bow crossed with 
three arrows, and an Indian on horseback pursuing a buffalo 
toward the setting sun; the foliage of the tree arched by a 
half circle of forty-two stars, surrounded by the motto '*Lib- 



58 LEGISLATIVE MANUAL, 



erty and Union Now and Forever, One and Inseparable;" the 
words "Great Seal" at the top, the words *'8tate of North 
Dakota" at the bottom; "October 1st" on the left and "1889" 
on the right. The seal to be two and one-half inches in di- 
ameter. 

EXEMPTIONS. 

Sec. 208. The right of the debtor to enjoy the comforts 
and necessaries of life shall be recognized by wholesome laws, 
exempting from forced sale to all heads of families a home- 
stead, the value of which shall be limited and defined by law, 
and a reasonable amount of personal property; the kind and 
value shall be fixed by law. This section shall not be con- 
strued to prevent liens against the homestead for labor done 
and materials furnished in the improvement thereof, in such 
manner as may be prescribed by law. 

CHILD LABOR PROHIBITED. 

Sec. 209. The labor of children under twelve years of age 
shall be prohibited in mines, factories and workshops in this 
state. 

FLOWING streams — PROPERTY OF STATE. 

Sec. 210. All flowing streams and natural water courses 
shall forever remain the property of the state for mining, irri- 
gating and manufacturing purposes. 

official oath — FORM OF. 

Sec. 211. Members of the legislative assembly and judi- 
cial department, except such inferior officers as may be by law 
exempted, sha'l, before they enter on the duties of their re- 
spective offices, take and subscribe the following oath or 
affirmation: "I do solemnly swear (or affirm, as the case may 
be) that I will support the constitution of the United States 
and the constitution of the state of North Dakota; and that I 

will faithfully discharge the duties of the office of 

according to the best of my ability, so help me God" (if an 
oath), (under pains and penalties of perjury), if an affirmation, 
and no other oath, declaration, or test shall be required as 
a qualification for any office of public trust. 

BLACK LISTS PROHIBITED. 

Sec. 212. The exchange of *'black lists" between corpora- 
tions shall be prohibited. 

MARRIED women — PROPERTY RIGHIS OF. 

Sec. 213. The real and personal property of any woman in 
this state, acquired before marriage, and all properly to- 



STATE OF NORTH DAKOTA. 59 



which she may after marriage become in any manner right- 
fully entitled, shall be ber separate property and shall not be 
liable for the debts of her husband. 

ARTICLE XVIII. 

Congressional and Legislative Apportionment. 

LEGISLATIVE DISTRICTS. 

Sec. 214. Until otherwise provided by law, the member of 
the house of representatives of the United States apportioned 
to this state shall be elected at large. 

Until otherwise provided by law, the senatorial and repre- 
sentative districts shall be formed, and the senators and the 
representatives shall be apportioned as follows: 

The first district shall consist of the townships of Walhalla, 
St. Joseph, Neche, Pembina, Bathgate, Carlisle, Joliet, Mid- 
land, Lincoln and Drayton, in the county of Pembina, and be 
entitled to one senator and two representatives. 

The second district shall consist of the townships of St. 
Thomas, Hamilton, Cavalier, Akra, Beauleau, Thingvalla, 
Gardar, Park, Crystal, Elora and Lodema, in the county of 
Pembina, and be entitled to one senator and two representa- 
tives. 

The third district jhall consist of the townships of Perth, 
Laonia, Adams, Sil vesta, Cleveland, Morton, Vestfl, Tiber, 
Medford, Vernon, Golden, Lampton, Eden, Rushford, Ken- 
sington, Dundee, Ops, Prairie Centre, Fertile, Park River and 
Gienwood, in the county of Walsh, and be entitled to one 
senator and two representatives. 

The fourtb district shall consist of the townships of Forest 
River, Walsh Center, Grafton, Farmington, Ar loch, village of 
Ardoch, Harrison, city of Grafton, Oakwood, Martin, Walsh- 
ville, Pulaski, Acton, Minto and St. Andrews, in the county 
of Walsh, and be entitled to one senator and three representa- 
tives. 

The Fifth district shall consist of the townships of Gilby, 
Johnstown, Straban, Wbeattield, Hegton, Arvilla, Avon, 
North wood, Lind, Grace, Larimore, and the city of Larimore, 
Elm Grove, Agnes, Inkster, Elkmount, Oakwood, Niagara, 
Moraine, Logan and Loretta, in the county of Grand Forks, 
and be entitled to one senator and two representatives. 

'J he Sixth district shall consist of the Third, Fourth, Fifth 
and Sixth wards of the city of Grand Forks, as now consti- 
tuted, and the townships of Falconer, Harvey, Turtle River, 
Ferry, Rye, Blooming, Meckinock, Lakevill and Levant, in 
the county of Grand Forks, and be entitled to one senator and 
two representatives. 

The Seventh District shall consist of the First and Second 
wards of the city of Grand Forks, as now constituted, and the 
townships of Grand Forks, Brenna, Oakville, Chester, Pleas- 



60 LEGISLATIVE MANUAL, 



ant View, Fairfield, Allendale, Walle, Bentru^ Americus, 
Michigan, Union and Washington, in the county of Grand 
Forks, and be entitled to one senator and two representatives. 

The Eighth district shall consist of the county of Traill and 
be entitled to one senator and four representatives. 

The Ninth district shall consist of the township of Fargo 
and the city of Fargo, in the county of Cass, and the frac- 
tional township number 139 in range 48, and be entitled to one 
senator and two representatives. 

The Tenth distri(^t shall consist of the townships of Noble, 
Wiser, Harwood, Reed, Barnes, Stanley, Pleasant, Kenyon, 
Gardner, Berlin, Raymond, Mapleton, Warren, Norman, Elm 
River, Harmony, Durbin, Addison, Davenport, Casselton and 
the city of Casselton, in the county of Cass, and be entitled 
to one senator and three representatives. 

The Eleventh district shall consist of the townships of Web- 
ster, Rush River, Hunter, Arthur, Amenia, Everest, Maple 
River, Leonard, Dows, Erie, Empire, Wheatland, Gill, Wal- 
burg, Watson, Page, Rich, Ayr, Buffalo, Howes, Eldred, High- 
land, Rochester, Lake, Cornell, Tower, Hill, Clifton and Pon- 
tiac, in the county of Cass, and be entitled to one senator and 
three representatives. 

The Twelfth district shall consist of the county of Rich- 
land, and be entitled to one senator and three representatives. 

The Thirteenth district shall consist pf the county of Sar- 
gent, and be entitled to one senator and two representatives. 

The Fourteenth district shall consist of the county of Ran- 
som, and be entitled to one senator and two representatives. 

The Fifteenth district shall consist of the county of Barnes, 
and be entitled to one senator and two representatives. 

The Sixteenth district shall consist of the counties of 
Steele and Griggs, and be entitled to one senator and two rep- 
resentatives. 

The Seventeenth district shall consist of the county of Nel- 
son, and be entitled to one senator and one representative. 

The Eighteenth district shall consist of the county ot Cava- 
lier and be entitled to one senator and two representatives. 

The Nineteenth district shall consist of the counties of 
Towner and Rolette, and be entitled to one senator aud one 
representative. 

The Twentieth district shall consist of the counties of Ben- 
son and Pierce; and be entitled to one senator and two repre- 
sentatives. 

The Twenty-first district shall consist of the county of Ram- 
sey, and be entitled to one senator and two representatives. 

The Twenty-second district shall consist of the counties of 
Eddy, Foster and Wells, and be entitled to one senator and 
two representatives. 

The Twenty-third district shal consist of the county of 
Stutsman, and be entitled to one senator and two representa- 
tives. 



STATE OP NORTH DAKOTA. 61 



The Twenty-fourth district shall consist of the county of 
LaMoure, and be entitled to one senator and one representa- 
tive. 

The Twenty-fifth district shall consist of the county of 
Dickey, and be entitled to one senator and two representa- 
tives. 

The Twenty-uixth district shall consist of the counties of 
Emmons, Mcintosh, Logan and Kidder, and be entitled to 
one senator and two representatives 

The Twenty-seve^nth district shall consist of the county of 
Burleigh, and be entitled to one senator and two representa- 
tives. 

The Twenty-eighth district shall consist of the counfcies of 
Bottineau and McHenry, and be entitled to one senator and 
one representative. 

The Twenty-ninth district shall consist of the counties of 
Ward and McLean and all the unorganized counties lying 
north of the Missouri river, and be entitled to one senator and 
one representative. 

The Thirtieth district shall consist of the counties of Mor- 
ton and Oliver, and be entitled to one senator and two repre- 
sentatives. 

The Thirty-first district shall consist of the counties of 
Mercer, Stark and Billings and all the unorganized counties 
lying south of the Missouri river, and be entitled to one sena- 
tor and one representative. 

ARTICLE XIX. 

Public Institutions. 

PERMANENT LOCATION AND LAND GRANTS. 

Sec. 215. The following public institutions of the state 
are permanently located at the places hereinafter named, each 
to have the lands specifically granted to it by the United 
States, in the act of congress, approved Feb. 22, 1889, to be 
disposed of and used in such manner as the legislative assem- 
bly may prescribe, subject to the limitations provided in the 
article on school and public lands contained in this constitu- 
tion: 

First. The seat of government at the city of Bismarck in 
the county of Burleigh. 

Second. The state university and the school of mines at 
the city of Grand Forks, in the county of Grand Forks* 

Third. The agricultural college at the city of Fargo, in 
the county of Cass. 

Fourth. A state normal school at the city of Valley City, 
in the county of Barnes; and the legislative assembly in ap- 
portioning the gr^nt of eighty thousand acres of land for nor- 
mal schools made in the act of congress referred to shall grant 
to the said normal school at Valley City as aforementioned. 



62 LEGISLATIVE MANUAL, 

fifty thousand (50,000) acres, and said lands are hereby appro- 
priated to said institution for that purpose. 

Fifth. The deaf and dumb asylum at the city of Devils 
Lake, in the county of Ramsey. 

Sixth. A state reform school at the city of Mandan, in 
the county of Morton. 

Seventh. A state normal school at the city of Mayville, 
in the county of Traill, and the legislative assembly in ap- 
portioning the grant of lands made by congress, in the act 
aforesaid, for state normal schools, shall assign thirty thou- 
sand (30,000) acres to the institution hereby located at May- 
ville, and said lands are hereby appropriated for said purpose. 

Eighth. A state hospital for the insane and institution 
for the feeble minded in connection therewith, at the city of 
Jamestown, in the county of Stutsman. And the legislative 
assembly shall appropriate twenty thou'and acres of the 
grant of lands made by the act of congress aforesaid for 
'*other educational and charitable institutions" to the benefit 
and for the endowment of said institution. 

Sec. 216. The following named public institutions are 
hereby permanently located as hereinafter provided, each to 
have EO much of the remaining grant of one hundred and. 
seventy thousand acres of land made by the United States for 
'^other educational and charitable institutions," as is allotted 
below, viz: 

First. A soldiers' home, when located, or such other chari- 
table institution as the legislative assembly may determine, at 
Lisbon, in the county of Ransom, with a grant of forty 
thousand acres of land. 

Second. A blind asylum, or such other institution as the 
legislative assembly may determine, at such place in the 
county of Pembina as the qualified electors of said county 
may determine at an election to be held as prescribed by the 
legislative assembly, with a grant of thirty thousand acres. 

Third. An industrial school and school for manual train- 
ing, or such other educational or charitable institution as the 
legislative assembly may provide, at the town of Ellendale in 
the county of Dickey, with a grant of forty thousand acres. 

Fourth. A school of forestry, or such other institution as 
the legislative assembly may determine, at such place in one 
of the counties of McHenry, Ward, Bottineau or Rolette, as 
the electors of said counties may determine by an election for 
that purpose, to be held as provided by the legislative ^as- 
eembly. 

Fifth. A scientific school, or such other educational or 
charitable institution as the legislative assembly may pre- 
scribe, at the city of Wahpeton, county of Richland, with a 
grant of forty thousand acres; providea, that no other insti- 
tution of a character similar to any one of those located by 
this article shall be established or maintained without a revis- 
ion of this constitution. 



STATE OF NORTH DAKOTA. 63 

ARTICLE XX. 
Prohibition. 

WHEN TO BE HAD. 

Sec. 217. No person, association or corporation shall with- 
in this state, manufacture for sale or gift, any intoxicating 
liquors, and no person, association or corporation shall import 
any of the same for sale or gift, or keep or sell or offer the 
same for sale; or gift, barter or trade as a beverage. The 
legislative assembly shall* by law prescribe regulations for the 
enforcement of the provisions of this article and shall thereby 
provide suitable penalties for the violation thereof. 

SCHEDULE. 

Section 1. That no inconvenience may arise from a 
change of territorial government to state government, it is de- 
clared that all writs, actions, prosecutions, claims and rights 
of individuals and bodies corporate shall continue as if no 
change of government had taken place, and all processes 
which may, before the organization of the judicial depart- 
ment under this constitution, be issued under the authority 
of the territory of Dakota, shall be as valid as if issued in the 
name of the state. 

Sec. 2. All laws now in force in the territory of Dakota, 
which are not repugnant to this constitution, shall remain in 
force until they expire by their own limitations or be altered 
or repealed. 

Sec. 3. All fines, penalties, forfeitures and escheats accru- 
ing to the territory of Dakota shall accrue to the use of the 
states of North Dakota and South Dakota, and may be sued 
for and recovered by either of said states as necessity may re- 
quire. 

Sec. 4. All recognizances, bonds, obligations or other un- 
dertakings, heretofore taken, or which may be taken before 
the organization of the judicial department under this consti- 
tution, shall remain valid, and shall pass over to, and may be ' 
prosecuted in the name of the state; all bonds, obligations or 
other undertakings executed to this territory, or to any officer 
in his official capacity, shall pass over to the proper state au- 
thority, and to their successors in office, for the uses therein 
respectively expressed, and may be sued for and recovered 
accordingly; all criminal prosecutions and penal actions, which 
have arisen or may arise before the organization of the ju- 
dicial department, under this constitution, or which shall then 
be pending, may be prosecuted to judgment and execution in 
the name of the state. 

Sec.'S. All property, real and personal, and credits, claims 
and choses in action belonging to the territory of Dakota at 
the time of the adoption of this constitution, shall be vested 



64 LEGISLATIVE MANUAL, 



in and become the property of the states of North Dakota 
and South Dakota. 

Sec. 6. Whenever any two of the judges of the supreme 
courf^ of the state, elected under the provisions of this consti- 
tution, shall have qualified in their offices, the causes then 
pending in the supreme court of the territory on appeal or 
writ of error from the district courts of any county or subdi- 
vision within the limits of this state, and the papers, records 
and proceedings of said court shall pass into the jurisdiction 
and possession of the supreme court of the state, except as- 
otherwise provided in the enabling act of congress, and until 
so superseded the supreme court of the territory and the 
judges thereof shall continue, with like powers and jurisdic- 
tion as if this constitution had not been adopted. Whenever 
the judge of the district court of any district elected under 
the provisions of this constitution shall have qualified in his 
office, the several causes then pendinsr in the district court of 
the territory within any county in such district, and the rec- 
ords, papers and proceedings of said district court, and the 
seal and other property pertaining thereto, shall pass into the 
jurisdiction and possession of the district court of the state 
for such county, except as provided in the enabling act of 
congress, and until the district courts of this territory shall be 
superseded in the manner aforesaid, the said district courts 
and judges thereof shall continue with the same jurisdiction 
and power to be exercised in the same judicial districts respect- 
ively as heretofore constituted under the laws of the terri- 
tory. 

Sec. 7. Until otherwise provided by law, the seals now in 
use in the supreme and district courts of this territory are 
hereby declared to be the seals of the supreme and district 
courts respectively of the state. 

Sec. 8. Whenever this constitution shall go into effect, 
the books, records and papers and proceedings of the probate 
court in each county, and all causes and matters of adminis- 
tration and other matters pending therein, shall pass into the 
jurisdiction and possession of the county court of the same 
county, and the said county court shall proceed to final de- 
cree or judgment, order or other determination in the said 
several matters and causes as the said probate court might 
have done if this constitution had not been adopted. And 
until the election and qualification of the judges of the county 
courts provided for in this constitution, the probate judges 
shall act as the judges of the county courts within their 
respective counties, and the seal of the probate court in each 
county shall be the seal of the county court therein, until the 
said court shall have procured a proper seal. 

Sec. 9. The terms **probate court" or **probate judge. "^ 
whenever occurring in the statutes of the territor]^, shall, 
after this constitution goes into effect, be held to apply to the 
county court or county judge. 



STATE OP NORTH DAKOTA. 65 



Sec. 10. All territorial, county and precinct officers, who 
may be in office at the time this constitution takes effect, 
whether holding their offices under the authority of the United 
States or of the territory, shall hold and exercise their respect- 
ive offices, and perform the duties thereof as prescribed in 
this constitution, until their successors shall be elected and 
qualified in accordance with the provisions of this constitu- 
tion, and official bonds of all such officers shall continue in 
full force and effect as though this constitution had not been 
adopted; and such officers for their term of service, under this- 
constitution, shall receive the same salaries and compensation< 
as is by this constitution, or by the laws of the territory, pro- 
vided for like offices; provided, that the county and precinct 
officers shall hold their offices for the term for which they 
were elected. There shall be elected in each organized county 
in this state, at the election to be held for the ratification of 
this constitution, a olerk of the district court, who shall hold 
his office under said election until his successor is duly elected 
and qualified. The judges of the district court shall have 
power to appoint states attorneys in any organized counties 
where no such attorneys have been elected, which appoint- 
ment shall continue until the general election to be held in 
1890, and until his successor is elected and qualified. 

Sec. 11. This constitution shall take effect and be in full 
force immediately upon the admission of the territory as a 
state. 

Sec. 12. Immediately upon the adjournment of this con- 
vention the governor of the territory, or, in case of his absence 
or failure to act, the president of the constitutional conven- 
tion shall issue a proclamation, which shall be published and 
a copy thereof mailed to the chairman of the board of county 
commissioners of each county, calling an election by the peo- 
ple on the first Tuf sday in October, 1889, of all the state and 
district officers created and made elective by this constitution. 
This constitution shall be submitted for adoption or rejection 
at said election to a vote of the electors qualified by the laws 
of this territory to vote at all elections. At the election pro- 
vided for herein the qualified voters shall vote directly for or 
against this consritution and for or against the article sepa- 
rately submitted. 

Sec. 13. The board of commissioners of the several coun- 
ties shall thereupon order such election for said day, and shall 
cause notice thereof to be given for the period of twenty days, 
in the manner provided by law. Every qualified elector of the 
territory, at the date of said election, shall be entitled to vote 
thereat. Said election shall be conducted in all respects in 
the same manner as provided by the laws of the territory for 
general elections, and the returns for all state and district 
officers, and members of the legislative assembly, shall be 
made to the canvassing board hereinafter provided for. 

Sec. 14. The governor, secretary and chief justice, or a 

Man.- 5. 



66 LEGISLATIVE MANUAL, 



majority of them, shall constitute a board of canvassers to 
canvass the vote of such election for all state and district 
officers and members of the legislative assembly. The said 
board shall assemble at the seat of government of the terri- 
tory on the fifteenth day after the day of such election ( or 
on the foUoTring day if such day falls on Sunday ), and pro- 
ceed to canvass the votes on the adoption of this constitution 
and for all state and district officers and members of the leg- 
islative assembly in the manner provided by the laws of the 
territory for canvassing the vote for delegate to congress, and 
they shall issue certificates of election to the persons found to 
be elected to said offices severally, and shall make and file 
with the secretary of the territory an abstract certified by 
them, of the number of votes cast for or against the adoption 
of the constitution, and for each person for each of said 
offices, and of the total number of votes cast in each county. 

Sec. 15. All officers elected at such election shall, within 
sixty days after the date of the executive proclamation ad- 
mitting the state of North Dakota into the union, take the 
oath required by this constitution, and give the same bond 
required by the law of the territory to be given in case of like 
officers of the territory and districts, and shall thereupon 
enter upon the duties of their respective offices; but the legis- 
lative assembly may require by law all such officers to give 
other or further bonds as a condition of their continuance in 
office. 

Sec. 16. The judges of the district court who shall be 
elected at the election herein provided for shall hold their 
offices until the first Monday in January, 1893, and until their 
successors are elected and qualified. All other state officers, 
except judges of the supreme court, who shall be elected at 
the election herein provided for, shall hold their offices until 
the tirsb Monday in January, 1891, and until their successors 
are elected and qualified. Until otherwise provided by law 
the judges of the supreme court shall receive for their services 
the salary of four thousand dollars per annum, payable 
quarterly; and the district judges shall receive for their 
services the salary of three thousand dollars per annum, 
payable quarterly. 

Sec. 17. The governor-elect of the state immediately upon 
his qualifying and entering upon the duties of his office shall 
issue his proclamation convening the legislative assembly of 
the state at the seat of government on a day to be named in 
said proclamation, and which shall not be less than fifteen 
nor more than forty days after the date of such proclamation. 
And said legislative assembly after organizing shall proceed 
to elect two senators of the United States for the state of 
North Dakota; and at said election the two persons who shall 
receive a majority of all the votes cast by the said senators 
and representatives shall be elected such United States sena- 
tors. And the presiding officers of the senate and house of 



STATE OF NORTH DAKOTA. 67 



representatives shall each certify the election to the governor 
and secretary of the state of North Dakota; and the governor 
and secretary of state shall certify the elections of such sena- 
tors as provided by law. 

Sec. 18. At the election herein provided for there shall be 
elected a representative to the fifty-first congress of the 
United States, by the electors of the state at large. 

Sec. 19. It is hereby made the duty of the legislative 
assembly at its first session to provide for the payment of all 
debts and indebtedness authorized to be incurred by the con- 
stitutional convention of North Dakota, which shall remain 
unpaid after the appropriation made by congress for the same 
shall have been exhausted. 

Sec. 20. There shall be submitted at the same election at 
which this constitution is submitted for rejection or adoption, 
article XX, entitled **Prohibition," and persons who desire to 
vote for said article shall have written or printed on their bal- 
lots "For Prohibition," and all persons desiring to vote against 
said article shall have written or printed on their ballots 
** Against Prohibition." If it shall appear according to the 
returns herein provided for that a majority of all the votes 
cast at said election for and against prohibition are for prohi- 
bition, then said article XX shall be and form a part of this 
constitution and be in full force and effect as such from the 
date of the admission of this state into the union. But if a 
majority of said votes cast shall appear according to said re- 
turns to be against prohibition, then said article XX shall be 
null and void and shall not be a part of this constitution. 

Sec. 21. The agreement made by the joint commission of 
the constitutional conventions of North Dakota and South 
Dakota concerning the records, books and archives of the 
territory of Dakota is hereby ratified and confirmed; which 
agreement is in the words following: That is to say-- 

The following books, records and archives of the territory 
of Dakota shall be the property of North Dakota, to-wit: All 
records, books and archives in the offices of the governor and 
secretary of the territory (except records of articles of incor- 
poration of domestic corporations, returns of election of dele- 
gates to the "constitutional convention of 1889 for South Da- 
kota, returns of elections held under the so-called local 
option law, in counties within the limits of South Dakota, 
bonds of notaries public appointed for counties within the 
limits of South Dakota, papers relating to the organization of 
counties situate within the limits of South Dakota, all 
which records and archives are a part of the records and 
archives of said secretary's office; excepting also, census re- 
turns from counties situate within the limits of South Dakota 
and papers relating to requisitions issued upon the application 
of officers of counties situate within the limits of South Da- 
kota, all which are a part of the records and archives of said 
governor's office). 



68 LEGISLATIVE MANUAL, 



And the foUowing records, books and archives shall 
also be the property of the state of North Dakota, to-wit: 
Vouchers in the oflSce or custody of the auditor of this ter- 
ritory relating to expenditures on account of pubjic institu- 
tions, grounds or buildings situate within the limits of North 
Dakota. One warrant register in the office of the treasurer of 
this territory — being a record of warrants issued under and by 
virtue of chapter 24 of the laws eo acted by the eighteenth 
legislative assembly of Dakota territory. All letters, receipts 
and vouchers in the same office now filed by counties and per- 
taining to counties within the limits of North Dakota. Paid 
and cancelled coupons in the same office representing interest 
on bonds which said state of Ncrth Dakota is to assume and 
pay. Reports of gross earnincs in the year 18^8 in the same 
office, made by corporations operating lines of railroads situ- 
ated wholly or mainly within the limits of North Dakota. 
Records and papers of the office of the public examiner of the 
second district of the territory. Records and papers of the 
office of the district board of agriculture. Records and papers 
in the office of the board of pharmacy of the district of North 
Dakota. 

All records, books and archives of the territory of Dakota 
which it is not herein agreed shall be the property of North 
Dakota, shall be the property of South Dakota. 

The following books skall be copied and the copies shall be 
the property of North Dakota, and the cost of such copies 
shall be borne equally by said states of North Dakota and 
South Dakota. That is to say: 

Appropriation ledger for the years ending November, 1889~ 
90 — one volume. 

The auditor's current warrant register — one volume. 

Insurance record for 1889 — one volume. 

Treasurer's cash book — **D." 

Assessment ledger — **B." 

Dakota territory bond register — one volume. 

Treasurer's current ledger — one volume. 

The originals of the foregoing volumes which are to be 
copied shall at any time after such copying shall have been 
completed be delivered on den:and to the proper authorities of 
the state of South Dakota. 

All other records, books and archives, which it is hereby 
agreed shall be the property of South Dakota, shall remain at 
the capitol of North Dakota until demanded by the legislature 
of the state of South Dakota, and until the state of North 
Dakota shall have had a reasonable time after such demand is 
made to provide copies or abstracts of such x>ortion8 thereof 
as the said state of North Dakota may desire to have copiea 
or abstracts of. 

The state of South Dakota may also provide copies or ab- 
stracts of such records, books and archives, which it is agreed 



STATE OF NORTH DAKOTA. ^9 



«hall be the property of North Dakota, as said state of South 
Dakota shall desire to have copies or abstracts of. 

The expense of all copies or abstracts of records, books and 
archives which it is herein agreed may be made, shall be 
borne equally by said two' states. 

Sec. 22. Hhould the counties containing lands which form 
a part of the grant of lands made by congress to the Northern 
Pacific railroad company, be compelled by law to refund 
moneys paid for such lands or any of them by purchasers 
thereof at tax sales thereof, based upon taxes illegally levied 
upon said lands, then and in that case the state of I^orth Da- 
kota shall appropriate the sum of twenty -five thousand dol- 
lars ($25,000) or so much thereof as may be necessary to 
reimburse said counties for the amount so received from said 
illegal tax sales and paid by said counties into the treasury of 
Dakota territory. 

Sec. 23. This constitution shall after its enrollment be 
signed by the president of this convention and the chief clerk 
thereof, and such delegates as desire to sign the same, where- 
upon it shall be deposited in the office of the secretary of the 
territory, where it may be signed at any time by any delegate 
who shall be prevented from signing the same for any reason 
at the time of the adjournment of this convention. 

Sec. 24. In c^se the territorial officers of the territory of 
Dakota, or any of them who are now required by law to report 
to the governor of the territory, annually or biennially, snail 
prepare and publish such reports covering the transactions of 
their offices up to the time of the admission of the state of 
North Dakota, into the union, the legislative assembly shall 
make sufficient appropriations to pay one-half of the cost of 
such publication. 

Sec. 25, The governor and secretary of the territory are 
hereby authorized to make arrangements for the meeting of 
the first legislative assembly, and the inauguration of the 
state government. 

Sec. 26. The legislative assembly shall provide for the 
editing, and for the publication, in an independent volume, of 
this constitution, as soon as it shall take effect, and whenever 
it shall be altered or amended, and shall cause to be published 
in the same volume the declaration of independence, the con- 
stitntion of the United States and the enabling act. 

Done at Bismarck, Dakota, in open convention, this 17th 
day of August, A. D. 1889. 

AMENDMENT TO CONSTITUTION. 

ARTICLE I. 

The legislative assembly shall have no power to authorize 
lotteries or gift enterprises for any purpose and shall pass laws 
to prohibit the sale of lottery or gift enterprise tickets. 



^r^JV"^'"T/i 



70 



LEGISLATIVE MANUAL, 



PROCLAMATION OF ADMISSION. 



The vote for admission of the state of North Dakota into 
the union having been tHken^ canvassed and returned to the 
president of the United States, President Harrison issued, on 
November 2nd, 1889, his proclamation reciting the different 
provisions provided for in the enabling act authorizing the 
formation of statehood and showing that the provisions had 
been severally complied with, concluding: **Now, therefore, I, 
Benjamin Harrison, president of the United States of Amer 
ica, do iu accordance with the act of congress aforesaid, 
declare and proclaim the fact that the conditions 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 noT\" 
complete. 

In testimony [whereof. I have hereunto set my hand and 
caused the seal of the United Stages 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 America 
the one hundred and fourteenth. Benj. Harrison. 

By the President: 
James G. Blaine, Secretary of State." 



STATE OP NORTH DAKOTA. 



71 



TERRITORIAL AND LEGISLATIVE OFFICERS 



FROM THE 



Organization of Dakota Territory, 1861. 



TERRITORIAL OFFICERS. 



Delegates to Congress. 

In Its twenty-eight years of existence as a territory, tliere were clele- 

" illc 



gates to congress as follows: 

J. B. S. Todd 1862-64 

W. A. Burleigh 1864-69 

S. L. Sphik ... 1869-71 

M. K. Armstrong . i 1871-75 

J.P.Kidder 1875-79 



G. G. Bennett 1879-81 

K. F; Pettigrew 1881-83 

J. B.Kaymond 1883-85 

Oscar S. Gifford 1885-88 

Geo. A. Mathews 1888-89 



Note— Geo. A. Mathews was elected delegate to congress in November. 
1888, his term to commence March 4, 1889. Congress did not convene until 
December following. Before that time statehood had been accomplished, 
and he was therefore never sworn In. 



Governors, 



WlUlamJayne 1881-83 

Newton Edmunds 1863-86 

Andrew J. Faulk 1866-69 

John A. Burbank 1869-74 

John L. Pennington 1874-78 



tWlUlam A. Howard 1878-80 

Nehemlah G. Ordway 1880-84 

Gilbert A. Pierce 1884-87 

Louis K. Church 1887-89 

Arthur C. Mellette 1889-89 



Secretaries. 



.Toho Hutchinson 1861-65 

S.L. Spink 1865-69 

T. M. ^llklns 1869-70 

a. A. Batchelder 1870-72 

*E. S. McCook 1872-73 



Oscar Whitney 1873-74 

Geo. H.Hand 1874-83 

J.M.Teller 1883-86 

Michael L. McCormack 1886-89 

L.B.Richardson 1889-89 



Chief Justices. 



Philemon Bliss 1861-64 

AraBartlett 1865-69 

George W. French 1889-73 



Peter C. Shannon 1873-81 

A J. Edgerton 1881-85 

Bartlett Trlp^ 1885-89 



♦Assassinated In office September, 1873, by Peter P. Wlntermute, 
t Died In office April 10, 1880. 



72 



LEGISLATIVE MANUAL, 



Associate Justices. 



S. P. Wllliston 1851-tt5 

J. S. William^ iStfl-d* 

Ara Bartlett 1864-65 

W. E. Gleason i8rt5-5(5 

J. P. Kidder J865-75 

J.W.Boyle 1864-69 

W. W. Brookings 1869-73 

A. H. Barnes 1873-81 

U.G.Bennett 3875-79 

G.C.Moody 1878-83 

1J. P. Kidder 1878-83 

O.S. Palmer 1883-87 

S.A.Hudson 1881-85 



$ Wm. E. riiurch , 1883-86 

$Louls K. Church 1885-87 

^Seward Smith 1881-84 

W.H.Francis 1884-88 

JohnE Garland 1887-89 

Wm. B. McConnell 1885-88 

Charles M. Thomas 1886-89 

James Spencer 1887-«9 

Roderick Kose 1888-89 

C. F. Templeton 1888-89 

L. W. Crofoot 1888-89 

Frank R. Alkens 188^89 



United States Attorneys, 



Wm. E Gleason 1861-64 

George H.Hand 1866-69 

5Warren Coles 186^73 

^William Pound 1873-77 



Hugh J. Campbell 1877-85 

JohnE Carlaod 1885-88 

William E. Purcell 1888-89 

John Murphy 1889-89 



United States Marshals, 



Wm.F. Shaffer 1861-61 

G. M. Plnney 1861-65 

L. H. Litchfield 1865-72 

J. H.Burdlck 1872-77 



J.B.Raymond 1877-81 

Harrison Allen 1881-85 

Daniel W. Maratta 1885-89 



Surveyors General . 



Geo. D. Hill 1861-65 

Wm.Tripp 1865-69 

W.H.IL Beadle 1869-73 

Wm. P. Dewey 1872-77 



Henry Esperson 1877-81 

Cortez Fessenden 1881-85 

Maris Taylor 1885-89 

B.H.Sullivan 1889-89 



Attorney Generals. 



A lexander Hughes 1883-84 

Geo. H. Rice 1884-86 

Geo. S. Engle 1886 



Charles F. Templeton 1887 88 

J ristram Skinner 1889 

Johnson Mcheus 1889 



' Auditors. 



L. M. Purdy 1881-82 

Geo. L. Ordway 1883-84 

E. W.Caldwell 1885-86 



James A. Ward 1887-88 

J. C. McNamarra 1889 



Treasurers. 



J.O.Taylor 1863-64 

M.K.Armstrong 1865-68 

T.K.Hovey 1869-70 

Sherman 1871-74 

John Clementson 1875-77 

§ Suspended - went Insane. 
« Died In office 
X Resigned. 



W. H. McVay 1878-8:1 

J. W. Kaymond 1883-87 

J. D. Lawler 1887-88 

Jos. Bailey 1889 



STATE OF NORTH DAKOTA. 73 



% 



THE LEGISLATURE. 



First Session — 1862. 

The members of the first territorial assembly were elected Sept. 16, 1861. 
The assembly convened at Yanlcton, March 17. 1862, and continued in ses- 
sion until May 15th. The membership was as follows: 

Council, 

John H. Shober, President, 

H. 1). Betts, W. W. Brookings, J. S. Gregory, 

J. W. Boyle, A. Cole. Enos Stutsman. 

D. T. Bramble, Jacob Deuel, 

House. 

Geo. M. Pinney, Speaker. 

Moses K. Armstrong, Christopher Maloney, Hugli S. Donaldson 

Lyman Burgess, A. W. ruett, Keuben Wallace, 

^T. A. Jacobson, John Stanage, George P. Waldron, 

John C. McBride, John L. Tiemon. B. E. Wood. 

Second Session — 1862-3. 

The second legislature met at Yankton Dec. 1, 1862, and continued In 
session until Jan. 9, 1863. The membership was as follows : 

Council. 

Enos Stutsman, President. 

W. W. Brookings, Jacob Deuel, J. H. Shober, 

Austin Cole, D. T. Bramble, J. Shaw Gregory, 

Jolm W. Boyle, J. McFetridge, 

House, 

* A. J. Harlan, Spejiker, 

M. K. Asmstrong, Edward Glfford, Kund Larson, 

L. Bothun, J. A. Jacobson, F. D. Pease, 

J. "V . Buckman, R. M. Johnson, A. W. Puett, 

H. S. Donaldson, G. P. Waldron, N. J. Wallace. 
M. H. Somers, 

* Resigned December 16th, and succeeded by M. K. Armstrong. 

Third Session— 1863-4. 

The third session convened at Yankton Dec. 7, 1863, and continued to 
Jan. 15, 1864. It had the following members: 

Council. 

Enos Stutsman, President. 

J. M. Stone, John Mathprs, D. P. Bradford, 

<T. W. Kingsbury, Lasse Bothun, J. Shaw Gregory, 

J.O.Taylor, HughCompton, John J. Thompson. 

M. M. Rich. Franklin Taylor, 



u 



LEGISLATIVE MANUAL, 



H. Burgess, 
Ole Bottolfson, 
E. M. Bond. 
Wm. Shrlner, 
G. W. Pratt, 
.John Lawrence, 
Henry Brooks, 



House, 

A. W. PuETT, Speaker. 

L. H. Litchfield. 
W. W. BrookhiRS. 
Knud Larson, 
Washington Keed, 
P. H. Risling, 
E. W. Wall, 
Jesse Wherry, 



Peter Kegan, 
N. G. Curtis. 
Asa Mattison. 
B. A. Hill. 
Duncan Ross, 
AkertGore. 



Fourth Session — 1864-5. 



The fourth session met at Yankton Dec. 5, 1864, and continued to Jan. 
13, 1865. The membership was as follows: 

Council, 



J. M. stone, 
(;. W. Kingsbury, 
J. O. Taylor, 
M. M. Rich, 



Enos Stutsman, President. 



John Mathers, 
Lasse Bothun, 
Hugh Compton, 
Franklin Taylor. 

House. 



D. P. Bradford, 
J. Shaw Gregory, 
John J. Thompson^ 



H. Burgess, 
J. P. Burgman, 

A. Christy, 

B. W. Collar, 
Felicia Fallas, 
J. R. Hanson, 
Peter Kegan, 



W. W, Brookings, Speaker. 

(;eo. W. Kellogg, G. W. Pratt, 

P. Lemonges, 

.Fohn Lawrence, 

M. M. Matthiensen, 

Helge Matthews, 

Francis McCarthy, 

John W. Owens, 



Washington Reed, 
John Rouse, 
William Shrlner, 
George Stickuey, 
John W.Turner, 
E. W. Wall. 



Fifth Session— 1865-6. 

The fifth session convened at Yankton Dec. 4, 1863, and co tmued to 
Jan. 12, 1866. It ad the following members: 

Council. 



M. K. Armstrong, 
Austin Cole, 
(i. W. Kingsbury, 
Chas. LaBreeche, 



(tKORGk Stickney, President. 



Nathaniel Ross, 
Enos Stutsman, 
O. F. Stevens. 
John J. Thompson. 

House. 



John W. Turner, 
A. L V^an Osdel, 
Knud Weeks, 



T. C. Watson, 
E. C. Collins. 
William Walter, 
Michael Curry, 
Michael Ryan, 
James Whitehorn, 
H. J. Austin, 
Amos Hampton, 



G. B. BiGELOw, Speaker. 
Franklin Taylor, Jonathan Brown, 



James McHenry, 
Joseph Ellis, 
A. M. English, 
Jacob Brauch, 
H. C. Ash, 
S. C. Fargo, 
W. W. Brookings. 



J. A. Lewis, 
Chas. H. McCarthy, 
William Stevens, 
Edward Lent, 
(ieo. W. Ktllogg, 
Charles Cooper, 



STATE OP NORTH DAKOTA. 



75 



Sixth Session — 1866-7. 

The sixth session convened at Yankton Dec. 3, 1866, and continued to 
Jan. 12, 1867. The membership was as follows: 

Council, 



M. K. Armstrong, President. 



Austin Cole, 
A. G. Fuller, 
G. W. Kingsbury, 
Chas. La Breeche, 



J. A. Lewis, 
D. M. Mills. 
Nathaniel Ross, 
O. F. Stevens. 

House. 



John J. Thompson. 
John W. Turner, 
A. L. Van Osdel, 
Knud Weeks. 



J. B. S. Todd, Speaker. 



H. C. Ash, 
Horace J. A' stln, 
D. T. Bramble, 
W. N. Collamer, 
Michael Curry, 
Hugh Fraley. 
Thomas Frlck, 
1. T. Gore, 



William Gray, 
Hans (lunderson, 
M. U. Hoyt, 
Daniel Hodgen, 
Amos Hanson, 
R. M. Johnson, 
Geo. W. Kellogg, 
Vincent La Belle. 



Chas. H. McCarthy. 
N. C. Stevens, 
William Stevens, 
John Trumbo, 
Franklin Taylor, 
Eli B. Wixson, 
Kirwln Wilson, 



Seventh Session — 1867-8. 



Convened at Yankton Dec. 2, 1867, and adjourned Jan. 10, 1868. Tlie 
membership was as follows: 



W.W.Brookings, 
W. W. Benedict, 
Aaron Carpenter, 
R. 1. Thomas, 



Council, 

Horace J. Austin, President. 

Hugh Fraley, J. A. Lewis, 



R. K. Green, 
A. H. Hampton, 
Geo. W. Kellogg, 

House. 



Chas. H. Mclntyre, 

D. M. Mills, 

C. F. Hossteuscher. 



William Blair. 
William Brady, 
F. bronson, 
Jacob Branch, 
Jonathan Brown, 
Caleb Cummings, 
Michael Curry, 
F. J. De Witt. 



Enos Stutsman, Speaker. 

Martm V. Farris, 
Felicia Fallas, 
I. T. Gore, 
Hans Gunderson, 
Amos Hanson, 
M. U. Hoyt, 
John L. Jolley, 
James Kegan, 



G. C. Moody, 
T. Nelson, 
Michael Ryan, 
CalvUi G. Shaw, 
John J. Thompson, 
J. D. Tucker, 
Thomas C. Watson. 



Eighth Session — 1868-9. 



Convened at Yankton Dec. 7. 1888, and adjourned Jan. 15, 1839. It had 
the following membership: 



Horace J. Austin, 
W. W. Benedict, 
W. W. Brookings, 
Aaron Carpenter, 



Council. 

N. J. Wallace, President. 

Hugh Fraley, J. A. Lewis. 

R. R. Green, Chas. H. Mclntyre. 

A. N. Hampton, C. F. Rossteuscuer, 

Geo. W. Kellogg, B. E. Wood. 



76 



LEGISLATIVE MANUAL, 



Alfred Abbett, 
Dhas. D. Bradley, 
G. P. Bennett, 
Calvin M. Brooks, 
Jacob Branch, 
John Clemen tson, 
N.G.Curtis, 
J. M. Eves, 



House. 

G. C. Moody, Speaker. 

J. Shaw (iregorj', 
J. T. t ewlett, 
O. T. Haggin, 
John L. .folley, 
A. W. Jameson. 
Hiram Keith, 
James Keegan, 
Lewis Larson, 



Knud Larson, 
J. La Koche, 
Joseph Moulin. 
Charles Kicker, 
Enos Stutsman, 
M. H. Somers, 
R. T. Vinson. 



Ninth Session— 1870-71. 

Convened at Yankton Dec. 5, 1870, and continued to Jan. 13, 1871. 
membership was as follows: 

CounciL 



M. K. Armstrong, 
Jacob Branch, 
W. M. Cuppett, 
Hugh Fraley, 



Charles Allen, 
V. R. L. Barnes, 
F. J. Cross, 
C. V. Dow, 
A. P. Hammon, 
John Hancock, 
Wm. Hobrough, 
O. B. Iverson, 



Emery Morris, President. 

Silas W. Kidder, 
Nelson Miner, 
Chas. H. Mclntyre, 
J. C. Kennedy, 

House, 



W. T. McKay, 
James M. Stone, 
John W. Turner. 



Georoe H. Hand, Speaker. 

H. A. Jerauld, R. Mostow, 

James Keegan, S. L. Parker, 

J. La Roche, Amos F. Shaw, 

Nelson Learned, Philip Sherman, 

A. J. Mills, John C. Sinclair. 

E. Miner, Ole Sampson, 

Noah Wherry. E. W. Wall. 



The 



Tenth Session— 1872-3. 

The tenth session met at Yankton Dee. 2, 187i, and continued to Jaii. 
10. 1873. It had the following membership: 

Council. 



D. T. Bramble, 

E. B. Crew, 
H. P. Cooley, 
J. Flick. 



Sauiuel Ashmore, 
Ole Bottolf son, 
John Becker, 
Jacob Branch. 
Newton Clark, 
N. B. Campbell, 
Michael Glynn, 
William Hamilton, 



Alex. Hucjhes, President. 
John Lawrence, Chas. H. Mclntyre. 



Nelson Miner. 
Joseph Mason, 
J. Gehon, 

House. 

A. J. Mills. Speaker. 

James Hyde, 
i'yrus Knapp, 
T. A. Kingsbu y, 
Judson LaMoure, 
E A. Williams, 
Ephraim Miner, 
George Norbeck, 
Josepe Roberts, 
A. b. Wheelock. 



O. F. Stevens, 
Enos Stutsman, 
Henry Smith. 



O. C. Peterson, 
Jens Peterson, 
Silas Rohr, 
Martin Trygstadt, 
J. W. Turner, 
John Thompson, 
B. E. Wood, 
W. P. Lyman, 



J 



. 1 



t i 



STApDE OF NORTH DAKOTA. 



77 



Eleventh Session — 1874-5. 

Convened at Yankton Dec. 7, 1874, and adjourned Jan. 15, 1875. The^ 
membership was as follows: 

Council. 



H. J. Austin, 
Jacob Branch, 
PhiUp Chandler, 
Benton Fraley, 



John L. Jolley, President. 

(4. W. Harlan, M. W. Sheafe, 

John Lawrence, O. F. Stevens, 

A. McHench, C. S. West, 

M. Pace, E. A. Williams, 



H. O. Anderson, 
(xcorge Bosworth, 
Hector Bruce, 
J. L. Berry, 
L. Bothun, 
Michael Curry, 
Desire Chausse, 
J. M. Cleland, 



House. 

ii. C. Moody, Speaker. 

Patrick Hand, 
John H. Haas, 
Kiiud Larson, 
Joseph Zitka, 
H. 2n. Luce. 
W. T. McKay. 
Henry Keifsnyder, 
Amos F. Shaw, 
C. H. Stearns. 



Ira Ellis, 
L. Sampson, 
S. Sevenson, 
A. L. VanOsdel, 
M. M. Williams, 
Scott Wrignt, 
James M Wohl, 
O. B. Larson, 



Twelfth Session— 1877. 

Convened at Yankton Jan. 9, 1877, and continued to Feb. 17, 1877. It 
had the following membarship: 



Henry S. Back, 
M. W. Bailey, 
Wm. Duncan, 
Hans Gunderson, 



Council, 
W. A. Burleigh, President. 



Judson LaMoure, 
Nelson Mmer, 
A. J. Mills, 
Robert Wilson, 



R. F. Pettlgrew, 
J. A. Potter, 
C. B, Valentine, 
J. A. Wallace. 



J. M. Adams, 
A. L. Boe, 
H. A. Burke, 
* J. Q. Burbank, 
W. H. H. Beadle, 
T. S. Clarkson, 
(i. S. S.Codington, 
W. F. Dunham, 

* Awarded the seat 
session. 



House. 

D. C. Hagle, Speaker. 

A. G. Hopkins, 
M. (). Hexom, 

E. Hackett. 
D. M. Inman, 
Erick Iverson, 
Chas. Maywold, 

F. M. Ziebach, 
Hans Myron. 
John Sellberg. 

of D. M. Kelleher on 



John Falde, 
D. Stewart, 
Asa Sargent, 
John Tucker, 
Franklin Taylor, 
John Thompson, 
C. H. Van Tassel, 
S. Soderstrom, 



the twenty-ninth day of the- 



78 



LEGISLATIVE MANUAL, 



Thirteenth Session— 1879. 

CoDveoed at Yankton and continued in session from Jan. 14 to Feb. 22, 
1879. The following was the membership: 

Council, 



George H. Walsh, President. 



Wni. M. Cuppett. 
M. H. Day, 
Ira Ellis, 
Newton Edmunds, 



W, L. Kuykendall, 
Nelson Miner, 
Robt. Macnider, 
R. F. Pettigrew, 

House, 



S. G. Roberts, 
Silas Rohr. 
C. B. Valentine, 
H. B. Wynn. 



John R. Jackson, Speaker, 



Alfred Brown, 
J. Q. Burbank, 
P. N. Cross. 
D. W. Flick, 
A. B. Fockler. 
John R. (Jamble, 
Ansley Grey, 
Hans Gunderson, 
Peter J. Hoyer, 



Ole A. Helvig, 
O. I. Hoseboe, 
A. Hoyt, 
H. A. Johnson, 
John Langness, 
A. Manksch, 
J. M. Peterson, 



Michael Shely, 
A. Simonson, 
James H. Stephens, 

D. Stewart, 
Martin M. Trygstadt, 

E. C. Walton, 
J. F. Webber. 



Nathanel C. Whitfield, Canute Weeks, 



Fourteenth Session — 1881. 

Convened at Yankton and continued in session from Jan. 11 to March 
7, IbSl. The membership was as follows: 

Council, 



M. H. Day, 
Ira W. Fisher, 
John R. Gamble, 
John L. JoUey, 



James Baynes, 
F. J. Cross. 
(i. H. Dickey, 
L. B. French. 
('. B. Kennedy, 
P. Laudmann, 
J. H. Miller. 
Iv^uid Nomland, 



George H. Walsh, President. 

J. A. J. Martin, John Walsh, 

J. O'B. Scobey. G. W. Wigchi, 

Amos F. Shaw, John R. VVilson. 
J. F. Wallace, 

House. 

J. A. Harding, Speaker. 
V. P. Thielman, Judson La Moure, 



A. Thome, 
P. Warner, 
S. A. Boyles, 
W. H. Donaldson, 
E. Eilefson, 
John D. Hale, 
D. M. Inman, 



S. McBratney, 
I. Moore, 
S. Rohr, 

D. Thompson, 
A. L. Van Osdel, 

E. P. Wells. 



Fifteenth Session— 1883. 



Convened at Yankton Jan. 9, and continued to March 9, 1883. The fol- 
lowing was the membership: 



F. N. Burdick, 
.1. R. Jackson, 
F. M. Ziebach. 
F. J. Washabaugh, 



Council, 

J. O'B. Scobey, President. 

S. G. Roberts, Geo. H. Walsh, 

H. J. Jerauld, J. Nickeus. 

Wm. P. Dewey, E. McCauley. 
E. H. Mcintosh, 






STATE OF NOR'J'H DAKOTA. 



79 



House, 
E, A. Williams, Speaker. 



Ira Ellis, 
M. C. Tychsen, 
John Thompson, 
W. B. Robmson. 
K. C. McAllister, 
F. P. Phillips, 
<4eo. W. Sterling, 
W. A. Kinehart, 



E. M. Bo>vman, 
G. P. Harvey, 
D. M. Inman, 
H. Van Woert, 
J. B. Wynn, 
B. R. W agner, 
John C. Pyatt, 
George Rice, 



Wni. H. Lamb, 
J. W. Nowlln, 

A. A. Cho eau, 
O. IVf . Towner, 

B. W. Benson, 
L. J. Allred, 
N. E. Nelson, 



Sixteenth Session — 1885. 



'Convened at Bismarck Jan. 13, and continued March 13, 1885. The 
membership was as follows: 



Council. 
J. H. Westover, President. 



A. C. Huetson, 
Wm. Duncan, 
John R. Gamble, 

A. Sheridan Jones, 

B. R. Wagner, 
A. M. Bowdle, 
R. F. Pettigrew, 
Geo. R. Farmer, 



H. H. Natwick, 
C. H. Cameron, 
J. P. Day, 
A. B. Smedley, 
V. P. Kennedy, 
F. J. Washabaugh, 
S. P. Weils. 
Charles Richardson, 

. House, 



J. Nickeus. 

C. D. Austin, 

D, H . Twomey, 
Geo. H. Walsh, 
John Fllttie, 
Judson LaJloure, 
P. J. McLaughlin, 



George Rice, Speaker. 



Ole Helvig, 
John Larson, 
Eli Dawson, 
Hans Myron, 
A. L. Van Osdel, 
Hugh Langan, 
J. P. Ward, 
J. H. Swanton. 
A. J. Parshall, 
Mark Ward, 
C. E. Huston, 
H. M. Clark, 
P. L. Runkel, 
J. M. Bayard, 
H. W. Smith, 
W. H. Ridden, 



John Hobart, 
J. C. South wick, 
V. V. Barnes, 
J. A. Plckler, 
J. T. Blakemore, 
G. W. Pierce, 
M. L. Miller, 
G. H. Johnson, 
M. T. DeWoody, 

E. Huntington, 

F. A. Eldredge, 
A. L, Sprague, 
E.W. ^lartm, 
H. M. Gregg, 
A. McCall, 

E. A. Williams, 



W. F. Steele, 
Henry W. Coe, 
J. Stevens, 
S. E. Stebbins, 
P. J. McCumber, 
H. S. Oliver, 
T. M. Pugh, 
E. T. Hutchinson, 
W. N. Roach. 

C. W. Morgan, 
J. W. Scott, 

D. Stewart, 
H. Stong, 
H. H. Ruger, 
P. McHugh. 



Seventeenth Session — 1887. 



Convened at Bismarck Jan. 11 and continued to March 11, 1887. The 
membership was as follows : 



Council. 
George A. Matthews, President. 



Roger Allin. 
Wm. T. Collins, 
John Cain, 
W. E. Dodge, 
E. W. Foster, 
Melvln Grlgsby, 
Alexander Hughes, 
T. M. Martin, 



P. J. McCumber, 
C. H. Sheldon, 
E. G. Smith, 
J. S. Weiser, 
T. O. Bog art. 
A. W. Campbell, 
P. C. Donavan, 
E. C. Ericson, 



H. Galloway, 
G. A. Hirstad, 
J. D. Lawler, 
C. D. Mead, 

E. T. Sheldon, 

F. J. Washabaugh, 
S. P. Wells. 



80 



LEGISLATIVE MANUAL, 



House, 
George G. Crose, Speaker. 



Fred H. Adams, 
John Bidlake, 
J. V?. Burn ham, 
D. S. Dodds, 
Thomas S. Elliott, 
1). W. Ensign, 
J. H. Fletcher, 
F. Greene, 
A. A. Harklns. 
C. B. Hubbard, 
J. G. Jones, 
James M. Moore, 
T. F. Mentzer, 

C. I. Miltlmore, 
John 1). Fatten, 

D. F. Koyer, 



J. Schnaldt, 
F. M. Shook, 

D. Stewart, 

E. W. Terrill, 
J. V. White. 
Wilson Wise, 
L. O. Wyman, 
Frank K. Aikens, 
W. N. Berry, 

A. M.Cook, 
M. H. Cooper, 
John R. Dutch, 
.lohn A. Ely, 
Wm. H. Fellows, 
J. T. (Gilbert. 
Wm. Glendenning. 



W. J. Hawk, 
John Hobart, 
K. McDonell, 
F. A. Morris. 
H. J. Mallory, 
J. H. Patten, 
A. J. Pruitt, 
W. R. Ruggles, 

D. W. Sprague, 

A. S. Steward, 

B. H. SiUlivan, 
Chas. B. Williams, 
James P Ward, 

E. A. Williams, 
John Wolzmuth. 



Eighteenth Session — 1889. 



Convened at Bismarck Jan. 8. and adjourned March 9, 1889. This w as^ 
the last territorial assembly. The membership was as follows: 



Roger Allin, 
Irenus Atkinson, 
Peter Cameron, 
A. W. Campbell, 
M. H. Cooper. 
Coe I. Crawford, 
Robert DoUard, 
E. C. Ericson, 



F. H. Adams, 
Frank R. Aikens, 
Joseph Allen, 
C. H. Baldwin, 
R. L. Bennett, 
E. H. Bergman, 
B. F. Bixter, 
J. W, Burnham, 
A. I). Clark, 
J. B. Cooke, 
T. A. Douglas. 
Thomas Elliott, 
J. H. Fletcher, 
J. M. (ireene, 
A. J. Gronna, 
S. P. Howell, 



Council, 
Smith Stimmel, President. 



S. L. (Jlasnell, 
James Halley. 
G. A. Harstad, 
Alexander Hughes, 
Robert Lowry. 
Hugh McDonald, 
.Fohn Miller, 
J. H. Patten, 

House, 



David W. Poindexter, 
Joseph C. Ryan, 
C A. Soderberg, 
George H. Walsh. 
F. J. Washabaugh, 
James A. Woolheiser. 
A. L. Van Osdel. 



HosMER H. Keith, Speaker. 



Harry F Hunter, 
J. G. Jones. 
I. s. l^ampman, 
W. S. Logan. 
Frank Lillibridge, 
H. J. Mallory, 
P. McHugh, 
Edwin McNeil, 
C. J. Miller. 
F. A. Morris. 
C. C. Newman, 
P. P. Palmer, 
A. L. Patridge, 
H. r*. Parl<in, 
John D. Patton, 
O. C. Potter, 



D. M. Powell, 
M. M. Price, 
Wm. Ramsdell, 
D. F. Royer, 
(}. W. Ryan, 
H. H. Sheets, 
J. O. Smith. 
W. E. Swanston, 

C. J. Trude. 
John Turnbull, 
N. Upham, 

O. R. Van Etten,. 
J. B. Welcome, 

D. R. Weilm;.n» 
J. V. White. 



STATE OF NORTH DAKOTA. 



81 



OFFICERS AND MEMBERS 



OF THE 

Constitutional Convention, 1889. 

[ Convened July 4, adjourned August 17, 1889. J 

Officers. 

Pkesident— F. B. Fancher. 

Chief Clerk— J. G. Hamilton. 

Enrolling and Engrossing Clerk— C. C. Bowsfleld. 

Sergeant-at-Arms— Fred Falley. 

Watchman— J. S. Weiser. 

Messenger— E. W. Knight. 

Chaplain— Geo. Kline. 

Of ficial Stenographer— I^. M. Tuttle, 

Members. 



• 
^ 



Name. County. 

AUin, Roger Walsh 

Almen, John Magnus Walsh 

Appleton, Albert Francis.. Pembina 

Bean, Therow W. Nelson 

Bell, James Walsh 

■ Bennett, Richard Grand Forks 

Bartlett, Lorenzo D Dickey 

Bartlett. David Griggs 

Best, WiUlam D Pembma 

Brown, Charles V Wells 

Blewett, Andrew Stutsman 

' Budge, William. Grand Forks 

Camp, Edgar W Stutsman 

Chaffee, Eben Whitney Cass 

Carland, John Emmett Burleigh 

Carothers, Charles Grand Forks 

Clark, Horace M Eddy 

Clapp, William J Cass 

Col ton, Joseph L Ward 

Douglas, James A Walsh 

Elliott, Elmer E Barnes 

Fancher, Frederick B Stutsman 

Fay, George H Mcintosh 

^Ieminc:ton, Alexander D.. .Dickey 
Gayton, James Bennett... .Emmons 
Glick. Benjamin Rush . .Cavalier 

Gray, Enos Cass 

Griggs, Alexander Grand Forks 

Harris, Har\ey. Burleigh 

Haugen, Arne P Grand Forks 

Hegge, Marthinus F Traill 

Holmes, Herbert L Pembina 

Hoyt, Albert W Morton 

Johnson, Martin N Nelson 

Lauder, W illlam S Richland 

Leech, Addison Cass 

Lowell, Jacob Cass 

Lin well, Martin V Grand Forks 

Man.- 6. 



Name. County. 

Lohnes, Edward H Ramsev 

Marrlnan, Michael K Walsn 

Mathews, J. H Grand Forks 

Meecham, Olney G Foster 

McBride, John Cavalier 

Miller, Henry Foster Cass 

Moer, Samuel H LaBioure 

McKenzle, James D Sargent 

McHugh, Patrick Cavalier 

Noble, Virgil B Bottineau 

Nomland, Knud J Traill - 

O'Brien, James F Ramsey 

Parsons, Curtis P Rolette 

Parsons, Albert Samuel Morton 

Paulson, Engebret M Traill 

Peterson, Henry M Cass 

Pollock, Robert M Cass 

Powers, John Sargent 

Powles, Joseph Cavalier 

PurcelL Willfem E Richland 

Ray, Wilham Stark 

Richardson, Robert B Pembina 

Robertson, Alexander D . . . . Walsh 

Rolfe, Eugene Strong Benson 

Rowe, William H Dickey 

Sand ) ger, Andrew Ransom 

Shuman, John Sargent 

Scott, John W Barnes 

Selby, John F Traill 

Slotten , Andrew Richland 

Spalding, Burleigh Folsom Cass 

Stevens, Reuben N Ransom 

Turner, Ezra Bottineau 

Wallace, Elmer D Steele 

Whipple, Abram Olln Ramsey 

WeUwood, Jay Barnes 

Williams, Erastus A Burleigh 



N 



STATISTICS SINCE STATEHOOD. 



1889. 



^ 



< 



A 

y 



r 



r 



/ 



»o 




LEGISLATIVE MANUAL, 



STATE OFFICERS SINCE STATEHOOD. 

Since admission tlie state of North Dakota has had the following state 
officers: 

Governors* 

[First state officers qualified Nov. 4, 1889.] 

John MiUer 1889-90 

Andrew H. Burke 1891-92 

Eli C. D. Shortridge 1893-94 



Roger AUin 1895-96 

Frank A. Briggs 1897 



Lieutenant Oovernora* 



Alfred M. Dickey 1889-90 

TlogerAllin 1891-92 

Elmer D. Wallace 1898-94 



John H. Worst 1895-96 

Joseph M. Deyine 1897 



Secretaries of State. 

John Flittie 1889-92 1 Fred Falley 1897 

Christian M. Dahl 1898-96 | 

Auditors. 



* John P. Bray 1889-92 

•y Archie Currie 1892 

A. W.Porter 1898-94 

* Resigned. 

+ Appointed to All vacancy Sept. 10, 1892. 



Frank A. Briggs 1895-96 

N.B. Hannum 1897 



Treasurers. 

L. E.Booker 1889-92 ! George E. Nichols 1895-6 

Knud J. Nomland 1893-94 | George E. Nichols 1897 

Attorney Generals, 



ixeorge F . Goodwin 1889-90 

O. A. M. Spencer 1891-92 

W. H.Standish 1893-94 



John F. Cowan 1895-6 

John F. Cowan 1897 



Superintendents of Public Instruction, 



^William Mitchell 1889-90 

*W.J.Clapp 1890 

JohnOgden 1891-92 

* *wniiam Mitchell died March 10, 1890. and W. J. Clapp was appomted 
ito fill the unexpired term. 



Laura J. Eisenhuth 1893-94 

Emma F.Bates 1895-96 

John 6. Halland 1897 



Commissioners of Agriculture and Labor, 

H.T. Heleesen 1889-92 ! A. H. Laughlin 1895-96 

^Nelson Williams 1893-94 | H. U. Thomas 1897 

""Appointed. Adams, who was elected, failed to qualify. 



STATE OF NORTH DAKOTA. 



Commissioners of Insurance. 



A.L.Carey 1889-92 

James Ciiddie 1893-94 



Fred B. Fanclier 1895-6 

Fred B. Fancher 1897 



Judges of the Supreme Court- 

At the first state election, October 1889, Guy C. H. Corliss, Alfred Wallin 
and Joseph M. Bartholomew were elected Judges of the supreme court for 
terms, respectively, three, five and seven years, and by lot It was deter- 
mined that Judge Corliss should serve the three year term, Judge Bar- 
tholomew for five years and Judge Wallin for seven years. They have 
since each been re-elected as follows: 

Guy C. H. Corliss for the term of 6 years commencing 1893. • 

J. M. Bartholomew for the term of 6 years commencing 1895. 

Alfred Wallin for the term of 6 years commencing 1897. 

Judges of District Courts, 

First District— Charles F. Templeton 1889-96 

Second District— David E. Morgan 1889-96 

Third District— Wm. B. McConnell 1889-96 

Fourth District— W. S. Lauder 1889-96 

Fifth District— Koderick Rose 1889-96 

Sixth District— W. H. Winchester. 



Judges of District Courts. 



First District— Cliarles F. Templeton ^ 

Second District — David E. Morgan | 

Third District — William B. McConnell liQao on 

Fourth District— W. S. Lauder ^J»«y-W 

Fifth District — Roderick Rose 

Sixth District— W. H. Winchester 

Seventh District— O. E. Sauter '.. 1695-6. 



Commissioners of Railroads. 



Geo. S. Mont 
T. S. Underhi 
David Bartle 



I 



gomery , 

ll ^1889-90 

tt i 



Geo. H. Walsh ) 

George Harmon [-1891-2 

Andrew Slotten ) 

Peter Cameron ) 

Ben Stevens V1893-4 

Xels P. Rasmussen i 



John W. Currie ) 

John Wamberg V1895-6 

Geo. H. Keyes ) 

George H. Keyes ) 

L.L.Walton V1897 

J.R. Gibson ) 



Commissioners of Railroads — Prior to Statehood. 



[Omitted from page 72.] 



Wm. M. Evens, chairman. .. ) 

Alexander Griggs V1886 

W.H.McVay \ 

Alex. Griggs, chairman 1 

A. Boynton ^1887 

X.T. Smith ) 



Judson LaMoure, chairman. 

John H. King 

Harvey J. Rice 



1890 



STATE OP NORTH DAKOTA. 



87 



LEGISLATIVE ASSEMBLIES SINCE STATEHOOD. 

First Session, 1889-90. 

Convened Nov. 19, 1889, and adjourned March 18, 1890. The membership 
was as follows: 



Senate. 

Lieutenant Governor Alfred Dickey, President. 
C. C. BowsFiELD, Secretary. 



Judson LaMoure, 

* A. F. Appleton, 
Roger Alii I), 

* James H. Bell, 
.T. E. Stevens, 

* M. L. McCormack, 
(ieorge B. Wiuship, 
W. H. KobinsoD, 
John E. Haggart, 
H. J. Rowe, 



MEMBERS. 

* H. R. Hartman, 
Andrew Slotten, 
Andrew Helgeson, 
Andrew Sandager, 
Samuel A. Fisher, 
J. O. Smith, 

D. S. Dodds, 
♦.John McBride, 

* R. D. Cowan, 

E. L. Yeager, 
W. E. Swanston, 

House, 



F. G. Barlow, 
Bailey Fuller, 
H. 8. Diesem, 
* M. E. Randall, 
J. H. Worst, 
C. B. Little, 
Anton Svensrud, 
E. H Belyea, 
George Harmon, 
N, C. Lawrence. 



David B. Wellman, Speaker, 
J. G. Hamilton, Chief Clerk. 



John H. Watt, 
R. B. Richardson, 

* H. L. Norion, 
.John Stadleman, 
John H. McCulloueh, 
A. N. Foss, 

.John Montgomery, 
A. O. Haugerud, 
Alex. Tliomson, 
Franklin Estabrook, 
Nels Tandberg, 
•(ieo. H. Walsh, 

* L. F. Zimmer, 
A. P. Haugen, 
Ole. T. Gronli. 
Roderick J. Johnson, 

* O. T. Jahr, 
J. F. Selby, 
H. H. Strom, 

E. S, Tyler, 

F. J. Thompson. 



members. 

Eli D. Mclntyre, 
N. B. Pinkham, 
John O. Bye, 
H. D. Court, 
Frank J. Langer, 
W. W. Beard, 
R. H. Hankinspn, 
R. N. Ink, ^ 
A. O. Heglie, 
E. W. Bowen, 
W. S. Buchanan, 
R. N. Stevens, 
.J. L. Green, 
Duncan McPonald, 
C. J. Christlanson, 
W. H. H. Roney, 
Chris Balkan, 
Ole E. Olsgard, 

* W. H. Murphy, 

* F. R. Renaud, 
James Brittin, 



G. E. Ingebretsen, Jr. 
D. P. Thomas, 
James McCormick. 
< '. A. Currier, 

D. B. Weilman, 
Luther L. Walton. 
* George Lutz, 
John Milsted, 

L. A. Ueland, 
W. B. Allen, 
A. T. Cole, 
George W. Lilly, 
W. L. Belden, 

E. A. Williams, 
George W. Rawliugs, 
James Reed, 

A. C. Nedrud, 
A. W. Hoyt, 
P. B. Wlckham, 
C. C. Moore. 



* Democrats— all others republicans. 



88 



LEGISLATIVE MANUAL, 



Second Session — 1891-3. 

Conyened Jan. 6, 1891, and adjourned March 6. The membersliip was 
as follows: 

Senate, 

Lieutenant Governor Booeb Allin, President. 
C. C. BowsFiELD, Secretary. 



Judson LaMoure, 
J. L. Gashel, 
*John Bjorgo, 
N. B. Piakham, 
tMagnus Nelson, 
F. G. Enger. 
Andrew Bisbee, 
*J. M. Patch, 
David P. Kuhn, 
Anton Svensrud, 
A. C. McGillivray. 



MEMBBBS. 

*S. B. Brynjolfson, 
H. F. Arnold, 
Roderick Jolinson, 

A. H. Lowry, 
*M. L. Engl % 
fs. Svennungsen, 
Frank Palmer, 

B. W. Fuller, 
J. H. Worst. 
James Johnson, 



House, 



John Almen, 
*M. L. McCormack, 
John Haggart, 
R. N. Ink, 
J. S. Weiser, 
*John Bidlake, 
James McCormick, 
*F. M. Kinter, 
C. B. Little, 
Jos. Miller, 



W. B. Allen, Speaker. 
J. G. Hamilton, Chief Clerk. 



♦Patrick Horgan, 
Jacob Graber, 
*Chas. Ebbighausen, 
C. A. Burton, 
Jos. C. Colosky, 
O. S. Wallin, 
A. Hanson, 
E. H. Holte, 
G. N. Smith, 
♦Peter S. Larson, 
tJolm E. Hodgson, 
L. C. Hill, 
W. J. Skinner, 
Fred Dennett, 
L. P. Havrevold, 
H. A. Noltimier, 
♦Geo. Lutz, 
W. B. Allen, 
G. H. Fay. 
John A. DaTis, 
Wm. McKendry, 



MEMBERS. 

S.L. Haight, 
A.. N. Foss, 
♦E. E. Daily, 
G. G. Beardsley, 
W. H. Brown, 
Louis Thompson, 
A. L. Loomis, 
D. C. Tufts. 
J. C. Gill, 
♦J. W. Cope, 
tK. Peabody, 
C. J. Christianson, 
tW. T. McCuUoch, 
♦Ole Axvig, 
Chas. A. Erickson, 
L. L. Walton, 
*E. T. Kearney, 
John S.'Richle. 
Wm. Oscar Ward, 
John Satterlund, 
♦J. A. Farrah, 



Ami Bjornson, 
♦James Douglas, 
♦W. H. Daniel, 
♦M. F. Williams, 
♦D. C. Cunningham, 
H. H. Strom. 
George Osgood, 
H. M. Peterson, 
J. Moody Watson, 
♦M. N. Triplett, 
Harry S. Oliver, 
Frank White, 
tJ. P. Lamb, 
♦John Burke, 
♦J. V. Brooke, 
♦Ralph Hall. 
Geo. K. Loring, 
Chas. Flske, 
tJohn Yegen, 
Fred Holritz, 



♦ Democrats. 

t Independents and Farmers' Alliance. 

All others republicans. 



STATE OF NORTH DAKOTA. 



89 



Third Session— 1894-5. 
GoDveoed Jan. 8, 1898, and adjourned March 8, 1893. 

Senate, 

Lieutenant Governor Elmbb D. Wallace, President. 
Fred Falley, Secretary, 



Judson LaMoure. 
*S. B. Bryniolfson, 
tWilliam Hllller, 
J. L. Gashel, 
H. F. Arnold, 
*M, L. McCormack, 
John A. Sorley, 
Roderick Johnson, 
John Haggart, 
N. B. Pinkham, 
E. Young, 



MEMBERS: 

R. N. Ink. 
tRichard McCarten. 
*M. L. Engle, 
Frank White, 
F. G. Engar, 
tJ. P. Lamb, 
*John Bidlake, 
♦John Burke, 
Frank Palmer, 
E. P. Day, 



*J. M. Patch, 
Bailey Fuller, 
*F. M. Kintei, 
tJ. W. Stevens, 
J. H. Worst, 
C. B. Little, 
Anton Svensrud, 
Charles Gregory, 
Joseph Miller. 
A. C. McGlUlvray. 



♦Democrat, tindependent. 



House. 



George H. Walsh, Speaker. 
J. G. Hamilton, Chief Clerk. 



*P. J. Morgan, 
♦Benj. James, 
♦Robert Thexton, 
♦F. A. Holiday, 
tN. H. Rinde, 
tK. P. liOvang, 
♦C. Ebblgha sen, 
♦Wm. R. Johnson, 
*Wm. O'Keefe, 
♦Andrew Johnson, 
J. Dexter Pierce, 
♦Geo. H. Walsh, 
tLewis Thompson, 
tW. T. Mcculloch, 
tS. M. Lee. 
♦F. W. McLean, 
♦Charles W. PJahi, 
*D. W. McCanna, 
L. P. Havrevold, 
T. H. Oksendahl, 
E. H. Lohnes, 



members. 

Thomas Halvorson, 
J. B. Wineman. * 
Arne P. Haugen, 
H. D. Hurley, 
H. H. Strom, 
L. H. Larson, 
O. S. Wallhi, 
H. C. Southard, 
Seth Newman, 
D. C. Tufts, 
Elling Severson, 
B. F. Ritter, 
tP. Kelly, 
♦A. C. Sanford, 
♦Ralph HaU, 
George Wright, 
O. A. Boynton, 
tL. A. Ueland, 
tGeo. W. Towers, 
tJ. W. Caldwell, 
J. H. Wlshek, 



Geo. S. Churchill, 
J. B. McArthur, 
Samuel Bullard, 
♦John N. Dean, 
♦Borger Hallum, 
A. V. Benedict, 
tJohn E. Hodgson, 
tTheo. Johnson, 
Harry S. Oliver, 
tThos. M. Elliott, 
tHans O. Hagen, 
tJohn Logan. 
W. F. Cochrane, 
Wm. A. Bentley, 
John Yegen, 
John A. Davis, 
John Satterlund, 
J. S. Veeder. 
Louis Burkhart, 
L. A. Simpson. 



♦Democrats, tindependents. 



90 



LEGISLATIVE MANUAL, 



Fourth Session— 1895-6. 

Convened January 8, 1895, and adjourned March 8, 1895. 

Senate, 

Lieutenant Governor John H. Worst, President. 
Fred Falley, Secretary. 



Judson LaMoure, 
t James Dobie, 
t William Hiliier, 
George Clarlc, 
H. F. Arnold, 
Franlt Viets, 
J. A. Sorley, 
H. H. Strom. 
John Haggart, 

D. C. Tufts, 

E. Young, 

* Democrats. 

t Independents and populists. 

All others republicans. 



MEMBBRS: 

A. V. Penedict, 
tR. McCarten, 
Patrlcl? H. Rourke, 
Frank White, 
F. G. Enger, 
+ J. P. Lamb, 

* Chas. W. Plain, 

* John Burke, 
C. G. Brown, 
E. P. Day, 



D. F. Davis, 
Bailey Fuller, 
Charles N. Valentine, 
+ J. W. Stevens. 
John H. Wishek, 
C. B. Little, 
A. L. Hanscom, 
C. E. Gregory, 
H. S. Parkin. 
A. C. McGillivray. 



House, 



James C. Gill, Speaker. 
J. M. Devine, Chief Clerk. 



t James T. Blacklock, 

* Patrick Horgan, 

t Stephen Eyolfson. 

* Thomas Guinan, 
t N. H. Rinde, 

A. H. Kellogg, 
Ole A. Rod, 
George Hill, 
Wm. Fleming, 
Joseph A. Myers, 
Peter N. Korsmo, 
Jos. Colosky, 
Xicolai Swenson, 
Rollin V. Cooper, 
Linn B. Ray, 

* John Flack, 

* James Jennings, 
A. B. McDonald, 
C. L. LIndstrom, 
0. T. Tofsrud, 

R. J. Walker, 



MEMBERS: 

W. B. Wood. 

J. B. Wineman, 

Henry Hancock, 

Peter Herbrandson, 

John I. lucrum, 

T. E. Nelson, 

O. S. Wallin, 

A. W. Edwards, 

E. S. Tyler, 

N. A. C^)lby, 

T. Twichell, 

E. Gilbertson, 

Frank H. Prosser, 

Chas. McLachlan, 

Ed. F. Porter, 

J. J. Nierling, 

E. J. (ileason, 

J. B. Sharp. 

t Andrew Smith, 

t Frank W. Brainard, 

H. A. Armstrong, 



J. C. Gill, 
L. B. Hanna. 
E. C. Sargent, 
Eric Staine. 
James Purdon. 
F L. Dwyer, 
t John E. Hodgson. 
t John Cryan, 
Erick Gunderson, 
Morris F. Brown. 
* Nels P. Rasmus.^en, 
t John Logan. 
(Jeo. S. Roberts. 
Thomas Richards. 
M. Spangberg. 
Anton Svensrud, 
.John S. Murphy, 
Herman Kroeger, 
Fred Holrltz, 
L. A. Simpson. 



* Democrats. 

t Independents and populists. 

All others republican. 



STATE OF NORTH DAKOTA. 91 



Fifth Session— 1897. 

Convened Jan. 5, 1897, adjourned March 5, 1897. 

Senate, 

Lieutenant Governor Joseph M, Devine, President. 

President Pro Tempore— C. B. Little. 
Secretary— %}. C. Gill. 
Assistant Secretary — Charles W. Getchell. 
Assistant to Secretary — S. B. Mahaney. 
Serjeant-at-Arms — A. E. Wood. 
Assistant Serjeant-at-Arms-}. L. Johnson. 
'Journal Clerk — A. H.Johnson. 
Assistant Journal Clerk — May B. Hanscom. 
Assistant Ser/areant-at-Arms — M. W. Spauldingf. 
Enrolling and Engrossing Clerk — C. P. Laurance. 
Bill Clerk —Vivian Morgan. 
Stenographer — R. M. Tuttle. 
Messenger— K\c\\SiX^ Fallon. 
Doorkeeper — George S. Brown. 
Postmaster — C. C. Rourke. 
Watchman— C W. Sallie. 
Clerk of Judiciary Committee — A. W. Clyde. 
Chaplain— 'R.e\, K.J. Mooney. 

Pages — Arthur Stone, Roy Benedict, Harry McLean, Eddie Morris, Arthvir 
J. O'Connor. 

MEMBERS. 

D\9X. Name. CouBty. Postoffice. 

1 . Judson LaMoure Pembina Pembina 

2. *James Dobie Pembina Tvner 

3. *K.P. Levang Walsh Park River 

4. George Clark Walsh Forest River 

5 . Horace F. Arnold Grand Forks Larimore 

6. Frank Viets Grand Forks Grand Forks 

7 . W. A. Gordon Grand Forks Grand Forks 

8. H. H. Strom Traill Hillsboro 

9. J. E. Haggart Cass Fargo 

10. D. C. Tufts Cass Argusville 

11. I^. B. Hanna . Cass Page 

12. A. V. Benedict Richland Lidgerw ood 

13. *R. McCanen Sargent Cogswell 

14 . Patrick H. Rourke Ransom Lisbon 

15. Frank White Barnes Valley City 

16. P\ G. Enger Steele Portland 

17. *Charles Dunlap Nelson Lakota 

18. tChas. W. Plain Cavalier Milton 

19. tD. W. McCanna Towner Cando 

20. C. G. Brown Benson Minnewaukan 

21 . *H. M. Creel Ramsey Devils Lake 

22. D. F. Davis Wells Cathay 

23 . B. W. Fuller Stutsman Jamestown 

24. Chas. N. Valentine LaMoure LaMoure 

25. Thos. F. Marshall Dickey Ellendale 

26. John H. Wishek Mcintosh Ashley 

27. C. B. Little Burleigh Bismarck 

28. A. L. Hans«om McHenry Towner 

29. Wm. E. Mansfield Ward Minot 

30. John S. Green Morton Mandan 

81 . A. C. McGillivray Stark Dickinson 

* Fusionists. f Democrats. All others republicans. 
§ Died Jan. 9; succeeded by J. O. Smith. 



92 



LEGISLATIVE MANUAL, 



House. 

Erastus a. Williams, Speaker. 

CAief CUrk — Henry E. Lavavea. 
Asststant Chief Clerk— W. D. McClintock. 
Assistant Clerh'-Gtorge L. Ryerson. 
Serjeant-at-Arms — O. B. Olson. 
Assistant Serjeant-at-Arms — Erick Gilbertson. 
Journal Clerk — L. K. Estabrook. 
Assistant Journal Clerk— H.'R. Hoadley. 
Chief Enrolling' and Engrossing Clerk— ^. D, Austin. 
Btlt Clerk — Thomas Allshouse. 
Stenographer — Bessie Wag^g^oner. 
Messenger — E. R. Kennedy. 
Postmaster — Cassius Lisk. 
Doorkeeper — Valentine Schmidt. 
Watchman—}, M. Boardman. 
Clerk oj Juaiciary Committee — A.J. Styles. 
Chaplain — W.J. Fhornquist. 

Po^^y— Morris Valentine, Bert Allen, Willie McConville, Roy Veeder, 
Eddie Fisher, Harry Larson, Hurley Gibson. 



Dist. Name. 
- i John D. Wallace.... 
/ * Alexander Duncan 

„JH. N. Joy 

J * Thomas Guinan . . . . 



MEMBERS. 

County. Postoffice 

, Pembina Drayton 

Pembma Bruce 

Pembina Hamilton 

, Pembina Hensel 

Q i * James J. Dougherty Walsh Park River 

^'\ ♦David E. Towle Walsh Park River 

I * Julius Wirkus Walsh Minto 

4-\ *Chas. Ebbighausen ..Walsh Grafton 

|*K. O.Brotnov Walsh Grafton 

E j Peter N. Korsmo Grand Forks ... . iNorlhwood 

^? John McConnachie Grand Forks Inkster 

William B. Wood 



6 



James Uyan 



Grand Forks Grand Forks 

Grand Forks Grand Forks 

Grand Forks Thompson 



„i 'Frank Gaulke 

' / Andrew Offerdahl Grand Forks Northwood 



8-! 



fH. M. Williams. 
S. N.Heskin.... 



H. D. Hurley. . . . 
Gunder Howard, 



[ 

oi O. W. Francis Cass 

^?*E. E.Cole 

(N. A. Colby 

10 < Egbert Gilbertson 

/t. Twichell 

Hawk , 

Sargent.... , 
Boyd 



Traill Blanchard 

Traill Portland 

Traill Duane 

Traill Hillsboro 

Fargo 

Cass Fargo 

Cass Grandin 

Cass Hickson 

Cass Maplelon 

Cass Buffalo 

Cass Amenia 

Cass Wheatland 



CW.J.I^ 

ll^E. C. S 

/r. B. I 

! James B. Power Richland Power 
John S.Johnson Richland Christine 
R. H. Hankinson Richland Hankinson 



-Q S 'John Cryan 
""'♦JohnCarlin 



Sargent Geneseo 

Sargent Havana 



^4 S Robert J. Mitchell Ransom Sheldon 

■^*"< E. S. Lovelace Ransom Ft. 

jjjt Geotge W. Earl. 



* W. H. Mcpherson 
1ft J Nicolai Swenson. . . . , 

^**1l. C. Goplerud 

17— 'Samuel S. Aas 



,j,j*J. B.Boyd 

*° \ * John Butterwick , 



Ransom 

Barnes Oriska 

Barnes Valley City 

Griggs Cooperstown 

Steele Sherbrooke 

Nflson Aneta 

Cavalier Langdon 

Cavalier MUton 



STATE OF NORTH DAKOTA. 93 



Dist. Name. County. Postoffice 

19— ♦ Ole Sy vertson Rolette Dunseith 

2Q j C. L. I^indstrom ,.... ..Benson Oberon 

I C. A. Erickson Pierce Rugby 

o- ( Chas. A. Currier <lamsey .Crary 

I ^A.. G. Tanton Ramsey Devils Lake 

F. Porter Foster Melville 

Peoples Eddy New Rockford 

John McGinnis Stutsman Jamestown 

Frank A. Lenz Stutsman Jamestown 

24 — J. B. Sharpe LaM oure Kulm 

Theo. Northrop Dickey Ellendale 

Eugene F. Dunton Dickey Ellendale 

*2fi^ Wesley Baker Emmone Livona 

^ I Wm. L. Belden Logan ,Napoleor> 

o<2 i £. A. Williams Burleigh Bismarck 

* "< rhos. Richards Burleigh McKenzie 

28— F. M. Hammond Bottineau Willow City 

29— John S. Murphy Ward Minot 

oQ i Herman Kroeger Murton New Salem 

/ Donald Stevenson .Morton Stevenson 

81— Alfred White Billmgs Medora 

* Fusion democrats and independents. All others republicans. 



22 JH. 

24- 

25] 



94 LEGISLATIVE MANUAL, 



PUBLIC INSTITUTIONS. 
% 

Capitol Bismarck 

University Grand Forks 

Insane Asylum Jamestown 

Penitentiary Bismarck 

Agrricultural Collej^e . • Fargo 

School of Mines (attached to University) Grand Forks 

School for the Deaf '. Devils l^ake 

♦Reform School Mandan 

Normal School , Mavville 

Institute for Feeble Minded (in connection with Asylum) Jamestown 

Soldiers' Home Lisbon 

* rtlind Asylum Bathgate 

♦Industrial School Ellendale 

♦School of Forestry Bottineau 

♦Scientific School Wahpeton 

♦ Located only. 



SALARIES OF STATE OFFICERS. 

Governor $ 8,000 

Lieutenant Governor 1,000 

Secretary of State 2,000 

Auditor 2,000 

Treasurer 2,000 

Attorney General 2,000 

Superintendent of Public Instruction 2,000 

Commissioner of Insurance 2,000 

Commissioners of Railroads (3) each 2,000 

Commissioner of Agriculture and Labor 2,000 

Judges of Supreme Court (8) each 4,000 

Judges of District Courts (7) each 8,500 

Clerk of Supreme Court 1,500 

Reporter of Supreme Court 800 

APPOINTIVE OFFICERS. 

Superintendent of Irrigation and Forestry $ 1,000 

Veterinarians (7) each 600 

Adjutant General 1,000 

Agent for Cruelty to Animals no salary 

Commissioner of University and School Lands 2,000 

Oil Inspector Fees, 

Trustees of Public Institutions — Receive $3 per day for each day employed 
and traveling expenses — not more than twelve sessions (twenty-four days in 
the aggregate) to be held in any one year, unless authorized by the governor. 



STATE OP NORTH DAKOTA. 95 



DISTRICT JUDGES. 

Abstract of Votes Cast for District Judges in the Various 
Judicial Districts, November 3, 1896. 

[ Terms expire first Monday, January 1901.] 

FIRST DISTRICT. 
Counties— Grand Forks and Nelson. 

John A. Charles J. 

Sorley. Fisk. 

(irandForks 2,i50 2,197 

Nelson 613 586 



Total 2,663 2.783 

SECOND DISTRICT. 

Counties— Benson, Bottineau, McHenry, Pierce, Ramsey, Rolette, 

Towner, Ward, Williams. 

David E. Morgan 

Benson 708 

Bottineau ... 662 

McHenry 327 

Pierce 243 

Ramsey 1,366 

Rolette 629 

Towner 668 

Ward : 355 

AVilliams 173 



Total 5,131 

THIRD DISTRICT. 
Counties— Cass, Steele, Traill. 

Charles A. Samuel G. 

Pollock. Roberts. 

Cass 2,884 2,141 

Steele 557 319 

Traill 1,638 631 



Total 5,079 3,091 

FOURTH DISTRICT. 
Counties— Dickey, Mcintosh, Ransom, Richland, Sargent. 

W. S. Lauder. Scattering 

Dickey 868 

Mcintosh 393 

Ransom 1,061 5 

Richland 2,855 

Sargent 927 4 

Total 6,099 9 



96 LEGISLATIVE MANUAL, 



FIFTH DISTRICT. 

Counties— Barnes, Eddy, Foster, Grifcgs, LaMoure, Logan, Stutsman,. 

Wells. 

Samuel L. Boderick. 

Glaspell. Rose. 

Barnes 1,080 67a 

Eddy 280 216 

Foster 172 182 

Griggs 308 274 

LaMoure 492 286. 

Logan 70 17 

Stutsman • 577 64a 

Wells 414 484 

Total 3,368 2,722 

SIXTH DISTRICT. 

CouNTiES-BiUlngs, Burleigh, Emmons, Kidder, McLean, Mercer, Morton^ 

Oliver, Stark. • 

Walter H. Geo. W. 
Winchester. Newton* 

Billings 78 26 

Burleigh 648 426 

Emmons 320 142 

Kidder 121 150 

McLean 105 9a 

M rcer 128 5 

Morton 681 44^ 

Oliver 59 62 

Stark 521 17a 

Total 2,661 1,529 

SEVENTH DISTRICT. 
Counties— Cavalier, Pembina, Walsh. 

Otto E. N. C. Chas. A. M. 

bauter. Young, Spencer. 

Cavalier 628 692 549 

Pembhia 694 1,694 1,079 

Walsh 1,938 258 1,54a 

Total 8,260 2,644 3474 



STATE OF NORTH DAKOTA. 97 



VOTE BY SENATORIAL DISTRICTS. 

FOR MEMBERS OF THE 

Fifth Legislative Assembly, 1897. 

FIKST DISTRICT. 

[1 senator; 2 representatives.] 

County— Part of Pembina, consisting of townships of Walhalla, St. Jo- 
seph, Neche, Pembina, Bathgate, Carlisle, Jollette, Midland, Lincoln 
and Drayton. 

SENATE. HOUSE. 

.JudLaMoure 943 John D. Wallace 799 

Frank A. Wlllson 767 WilllamCurrle 742 

Alexander Duncan 883 

Joseph Morrison 789 

SECOND DISTRICT. 

[ 1 senator; 2 representatives.] 

COUNTY— Part of Pembina, conslsthag of townships of St. Thomas, Hamil- 
ton, Cavalier, Akra, Beaulleu, Thlngvalla, Gardner, Park, Crystal, 
Flora and Lodema. 

SENATE. HOUSE. 

.Tames Doble (holdover) H. N. Joy 1 850 

Stephen Thorwaldsun 798 

Thomas Gulnan 974 

John Heller 778 

THIRD DISTRICT. 

[ 1 senator; 2 representatives. [ 

County— Part of Walsh, consisting of townships of Perth, Latona. Adams» 
Sllvesta, Cleveland, Morton, vesta, Tiber, Medford, Vernon, Golden, 
Lampton, Eden. Rushford, Kensington, Dundee, Ops, Prairie Centre, 
Fertile, Park River and Glenwood. 

SENATE. HOUSE. 

E.P. Levang 1,013 Henry G. Hosford 649 

.John Almen 759 Augustus H. Kellogg 625 

James J. Dougherty 1,049 

David E. Towle 1,066 

FOURTH DISTRICT. 

[ 1 senator; 3 representatives.] 

County— Part of Walsh, consisting of townships of Forest River, Walsh 
Centre, Grafton, Farmlngton, Ardock Village o*" Ardock, Harrison, 
City of Grafton, OakwooU, Martin, Walshvllle, Pulaski, Acton, Mlnto 
and St. Andrews. 

SENATE. HOUSE. 

George Clark (holdover) H. L. Haussamen 867 

August Zuelsdorf 898 

OleH.Rod 869 

Julius Wlrkus 1,025 

Charles Ebblghausen 920 

K. O. Bretnov 978 

Man.- 7. 



98 liEGISLATlVB MANUAL, 



FIFTH DISTRICT. 

[1 senator; 2 representatiTOs.] 

County— Part of Grand Forks, consisting of townships of Gilby, Jotins- 
town, Straban, Wlieatfieid, Hegton, Arvllla, Avon, Northwood, Llnd. 
Grace, Larimere, City of Larimore, Elm Grove, Agnes, Inkster, Elk- 
mount, Oakwood, Niagara, Moraine, Logan and Loretta. 

SENATE. HOUSE. 

Horace F. Arnold 882 Peter N. Korsmo 860 

WilliamBarry 586 John McConnacliie 773 

William Clone 547 

Ira (J. Stevens 523 

SIXTH DISTRICT. 

[1 senator; 2 representatives.] 

County— Part of Grand Forks, consisting of Third, Fourth, Fifth and 
Sixth wards of the city of Grand Forks, and the townships ot Faulk- 
ner, Harvey, Turtle River, Ferry, Rye, Blooming. Meckinock, Lake- 
ville and Levant. 

SENATE. HOUSE. 

Frank Viets (holdover) William B. Woods 556 

JamesRyan 509 

John Kinan 525 

Ole Burtness 478 

George H. Walsh 858 

SEVENTH DISTRICT. 

[1 senator; 2 representatives.] 

County— Part of Grand Forks, consisting of First and Second wards of 
the city of Grand Forks and the townships of Grand Forks, Brenna, 
Oakville, Chester, Pleasant View, Fairfield, Allendale, Walle, Bentru, 
Americus, Michigan, Union and Washington. 

SENATE. HOUSE. 

W.A.Gordon 726 Frank Gaulke 724 

J.F.Wllliams 535 Andrew Offerdahl 675 

ArneP.Haugen 189 J. E. Myrha 639 

E.G.Aaker 604 

EIG TH DISTRICT. . 

[1 senator; 4 representatives.] 
County— Traill. 

SENATE. house. 

H. H. Strom (holdover) H.M.Williams 1,542 

S. N. Heskln 1,647 

H.D. Hurley 1,898 

Gunder Howard 1,605 

Gunder J. Nomland 695 

JohnL.Moe 589 

Frank Crane 789 

Charles Bohnsack 756 

NINTH DISTRICT. 

[ 1 senator; 2 representatives.] 

County— Part of Cass, consisting of the township of Fargo and the city 
of Fargo and the fractional township No. 139 in range 48. 

SENATE. HOUSE. 

John E. Haggart 1,109 Orrin W. Francis 903 

W.A.Scott 613 N.G.Eggen 746 

L Stavnheim 646 

E. E. Cole 882 



STATE OP NORTH DAKOTA. 99 



TENTH DISTRICT. 

[ 1 senator; 3 representatives.] 

County— Part of Cass, consisting of tlie townships of Noble, "Wiser, Har- 
wood. Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin, Ray- 
mond, Mapleton, warren, Norman. Elm River, Harmony, Durbin, 
Addison, Davenport, Casselton and the city of Casselton. 

SENATE. HOUSE. 

D. C. Tufts (holdover) N.A.Colby i,027 

Egbert Gllbertson 1,016 

Treadwell Twichell 1,010 

William Strehlow 651 

Henry M. Peterson 673 

FredG.Berg 669 

ELEVENTH DISTRICT. 

[ 1 senator; 3 representatives.] 

County— Part of Cass, consisting of the townships of Webster, Rush 

River, Hunter, Arthur, Amenia, Everest, Maple River, Leonard, Does, 

' Erie, Empire, Wheatland. Gill, Walberg. Watson, Page, Rich, Ayr, 

Buffalo, Howes, Eldred, Highland, Rochester, Lake, Carrol, .Cornell, 

Tower, Hill, Clifton and Pontiac. 

SENATE. HOUSE. 

L.B.Hanna 1,008 W. J. Hawk 852 

S.W.Bradford 654 E.C.Sargent 987 

K.B.Boyd 905 

Patrick M. Buckley 769 

Will R. Mitchell 629 

George H.Hill 678 

TWELFTH DISTRICT. 

[ 1 senator: 3 representatives.] 
County— Richland. 

SENATE. HOUSE. 

A. V. Benedict (holdover) Jam^s B.Power 1,580 

John S. Johnson 1,627 

R. H. Hankinson 1,687 

S. T. Healey 1,001 

Albert Chezick 1,252 

James H. Pelham 923 

Iver A. Casperson 193 

M.L.Sargent 190 

THIRTEENTH DISTRICT. 

[1 senator: 2 representatives.] 
County— Sargent. 

SENATE. HOUSE. 

Richard McCarten 656 J. D. McKenzie 582 

J ames P. Williamson 565 Allen E. Saunders 589 

John Cryan 637 

John Carlin 613 

FOURTEENTH DISTRICT. 

[1 senator; 2 representatives.] 
County— Ransom. 

SENATE. HOUSE. 

Patrick H. Rourke (holdover) . . Robt. J. Mitchell 722 

Emit S. Lovelace 711 

T.J.Walker 599 

N.E.L. Grubs 611 






100 



LEGISLATIVE MANUAL, 



FIFTEENTH DISTKICT. 
[1 senator; 2 representatives.] 



County— Barnes. 



SENATE. 

Frank White 979 

Joel S. Weiser.... 931 



HOUSE. 

George W. Earl 930 

Andrew Thurston 848 

Wm. H. McFherson 911 

D. R. Jones 857 



SIXTEENTH DISTRICT. 
[1 senator; 2 representatives.] 

Counties— Steele and Griggs. 

SENATE. 

F. G. Enger (holdover) 

house. 



Nicolai Swenson 
L. C.Goplerud..., 
Lewis Thompson , 
Duncan StClair. 



Steele. 


Griggs. 


Total. 


523 


337 


860 


586 


289 


875 


330 


305 


635 


270 


348 


618 



County— Nelson. 



SEVENTEENTH DISTRICT. 
(1 senator; 1 representative.) 



SENATE. 



Charles Dunlap 

A. M. Tofthagen 



HOUSE. 

657 LindB. Rav 575 

561 Samuels. Aas 627 



EIGHTEENTH DISTRICT. 
[ 1 senator; 2 Representatives.] 



County— Cavalier. 



SENATE. 

Charles W. Plain (holdover) 



HOUSE. 

Daniel H. McMillan . . 

Jolm R. Mears 

Joseph B. Boyd 

John Butterwick 



816 

6l8 

1,122 

918 



NINETEENTH DISTRICT. 
[Isena'or; l representative.] 
Counties— Towner and Rolette. 





D. W. McCanna 

Frederick Lemke 


SENATE. 

Rolette. 

328 

303 


Towner. 
350 
339 

Towner. 
311 
311 


Total. 
678 
642 




W. J. Hoskins 

Ole Syvertson 


HOUSE. 

Rolette. 

323 

326 


Totai. 
634 
637 


« 









STATE OF NORTH DAKOTA. 101 



TWENTIETH DISTRICT. 
[ 1 senator; 2 representatives.] 
Counties— Benson and Fierce. 





SENATE. 






C. G. Brown (lioldoyer) 










HOUSE.* 






C. L. Lindstrom 

C. A. Enckson 

JohnC. O'Connell 


Benson. 
. .. . 5ti6 
482 
212 


Pierce. 
221 
219 

49 

48 


Total. 

787 
701 
261 


Jacob Folsom 


161 


209 



TWENTY-FIRST DISTRICT. 
[ 1 senator; 2 representatiyes.] 
COUNTY— Ramsey. 

SENATE. HOUSE. 

H. M.Creel 791 Edward H. Lolines 574 

Frank H. Prosser 741 Charles A. Currier 697 

A.G.Tanton 718 

F.R.Stevens 565 

James McCormick 287 

TWENTY-SECOND DISTRICT. 
(1 senator; 2 representatives.) 
Counties— Eddy, Foster and Wells. 



D.F.Davis (holdover) 



E. F. Porter. . . . 
Hugh Peoples... 
E. S. Seastrand. 
.Tohn D. Faxon , 



senate. 








HOUSE. 








Eddy. 


Foster. 


Wells. 


Total 


265 


215 


551 


1,028 


'sm 


186 


591 


1,153 


198 


116 


260 


574 


144 


182 


240 


566 



TWENTY-THIKD DISTRICT. 

(1 senator; 2 representatives.) 
I'OUNTY— Stutsman. 

SENATE. HOUSE. 

E. M. Sanford 646 H.E.Sunday 609 

B.w. Fuller 633 John McGinnis 614 

Fra k A. Lenz 672 

, George Wright 545 

Note,— Seat of senator tried on contest and B. W. Fuller seated. 

TWENTY-FOURTH DISTRICT. 
(1 senator; 1 representative.) 
County— LaMoure. 

SENATE. HOUSE. 

Charles N. Valentine (holdover) ... J. B. Sharpe 463 

L. A. Ueland 374 



102 LEGISLATIVE MANUAL, 



TWENTY-FIFTH DISTRICT. 
(1 senator; 2 representatives.) 
CouMTY— Dickey. 

SENATE. HOUSE. 

Thomas F. Marshall 660 Theo. Northrup 658 

Andrew G. Smith 548 E. F. Dunton 651 

Simon Haw 516 

N.B. Witham 521 

TWENTY-SIXTH DI8TKICT. 

(1 senator; 2 representatives.) 

Counties— Emmons, Mcintosh, Logan and Kidder. 

SENATE. 



J. H. Wishek (holdover), 



HOUSE. 

Kidder. Logan. Em'ons. Mclnt'sh. Total. 

Wesley Baker 1«6 76 324 855 921 

Wm. L. Belden 167 70 294 342 873 

Henrys. Wood 95 10 57 24 186 

J. D. Harker 88 10 51 21 140 

TW^ENTY -SEVENTH DISTRICT. 
[1 senator; 2 representatives.] 
County— Burleigh. 

SENATE. HOUSE. 

C.B.Little. 667 E.A.Williams 702 

E.C.Chase 405 Thomas Richards 629 

C.E.Crum 377 

W.O.Ward 414 

TWENTY-EIGHTH DISTRICT. 
[1 senator; 1 representative.] 
COUNTIES- Bottineau and McHenry. 

SENATE. 

Abner N. Hanscom (holdover) 

HOUSE. 

Bottineau. McHenry. Total. 

Frank M. Hamnioud 352 216 568 

Anton Egge 401 140 541 

TWENTY-NINTH DISTRICT. 
[1 senator; 1 representative.] 
Counties— McLean, Ward, Williams. 

SENATE. 

McLean. Ward. Williams. Total. 

Wm. E. Mansfield 119 271 60 45(' 

Clinton Heddrick 49 189 180 338 

HOUSE. 

McLean. Ward. Williams. Total. 

Johns. Murphy 55 250 139 444 

L. S. Foote 138 245 50 433 



STATE OP NORTH DAKOTA. 



103 



THIRTIETH DISTRICT. 
[ 1 senator; 2 representatives.] 
Counties— Morton and Oliver. 

SENATE. 

Morton. Oliver. Total* 

J.S.Gren 680 37 717 

John Bloodgood 487 83 570 

Note— Senator -in this district elected to fill the unexpired term of H. 
S. Parkin, deceased. 

HOUSE. 

Morton. Oliver. Total. 

Herman Kroeger 677 47 724 

D.Stevenson 784 43 777 

Charles Harris 425 79 504 

N.Classen 835 46 381 

THIRTY-FIRST DISTRICT. 
[ 1 senator; 1 representative.] 
Counties— Stark, Billings and Mercer. 

SENATE. 

Stark. Billings. Mercer. Total. 

A. C. McGilllvray 445 62 89 596 

JohnW. Currie 286 40 42 368 

HOUSE. 

Stark. Billings. Mercer. Total. 

Alfred White 571 91 128 790 

Scattering 27 1 28 



104 



LEGISLATIVE MANUAL, 



OFFICIAL VOTE OF NORTH DAKOTA. 

[ Fifth General Election, November 3, 1896.] 



COUNTIES. 



Barnes , 

Benson , 

Billings 

Bottineau.. . . . 

Burleigh 

Cass. .,• 

Cavalier 

Dickey 

Eddy 

Emmons 

Foster 

Grand Forks , 

Griggs 

Kidder 

LaMoure 

Logan 

McHenry 

Mcintosh 

McLean 

Mercer 

Morton 

Nelson 

Oliver 

Pembina 

Pierce 

Kamsey 

Ransom 

Richland 

Rolette 

Sargent, 

Stark 

Steele 

Stutsman 

Towner.: 

Traill 

Walsh 

Ward 

Wells 

Williams 



Presidential Electors. 



McKlnley. 






986 
549 
78 
869 
729 

8050 
730 
619 
278 
300 
216 

2432 
818 
176 
460 
70 
217 
836 
124 
115 
752 
616 
59 

1687 
222 
869 
766 

1848 
806 
587 
580 
572 
705 
803 

1673 

1707 
299 
584 
103 



Total 26335 






935 
589 

75 
860 
728 
2949 
698 
606 
271 
291 
223 
2836 
306 
175 
442 

63 
208 
882 
119 
108 
734 
618 

57 

1637 

214 

838 

749 

1782 

295 

581 

508 

545 

679 

294 

1642 

1688 

292 

558 

98 






946 
537 
76 
356 
725 
2966 
705 
604 
269 
294 
222 

308 
175 
449 
64 
207 
882 
118 
109 
788 
614 
55 

1654 
217 
845 
750 

1780 
822 
574 
514 
549 
687 
300 

1638 

1635 

290 

560 

93 



Bryan. 






977 
227 

27 

889 

838 

2089 

1158 

587 

243 

168 

148 

1898 

360 

104 

401 

25 
166 

66 

79 

28 
898 
608 

58 
1807 

75 

665 

579 

1160 

331 

636 

216 

822 

578 

394 

674 

2134 

193 

317 

83 



25513 125620 '20686 20825 



6 



o 



949 
231 

28 

865 

335 

2095 

1130 

581 

240 

165 

140 

1860 

355 

105 

898 

28 
168 

66 

7S 

27 
395 
593 

56 
1794 

76 

658 

569 

1119 

}*20 

627 

207 

317 

564 

382 

661 

2078 

189 

808 

83 



CO 

0) 

a 
be 



Levering. 



935 

224 

27 

864 

329 

2078 

1085 

584 

240 

165 

141 

1888 

353 

103 

394 

23 

163 

68 

78 

27 

381 

595 

57 

1773 

74 

645 

575 

1114 

316 

623 

206 

816 

550 

888 

659 

2086 

186 

801 

79 



20088 



H 



24 
7 
1 
5 
8 

48 

12 
6 
2 
8 
2 

40 
7 



2 

i 



8 
2 



52 
1 

12 
11 
12 
8 
4 
2 
7 

12 

12 

20 

23 

4 

8 

2 



o 



22 
7 
1 
2 
2 

41 

10 
5 
2 
2 
2 

87 
3 



2 



41 
I 

12 

10 

10 

6 

4 

2 

7 

12 

10 

17 

17 

4 

8 

1 



358 I 304 



a 
B 



24 
6 
1 
8 
2 

36 
6 
5 
2 
2 
2 

34 
8 



2 
2 



41 

1 

12 

10 
9 
5 
3 
2 
7 

12 
8 

18 

16 
4 
8 
2 



290 



Scattering— 12 in Ramsey County. 



STATE OF NORTH DAKOTA. 



105 



ABSTRACT OF VOTES -Contintjed. 







* 








Lieutenanrt 




Congress. 


Governor. 
















Governor. 


COUNTIES. 


• 


99 


2 


M 


en 


« 


CO 




• 




• 




c 




, 








* 




c 




■ 


• 


§ 




• 


r#) 


1 


d 


•—* 




en 


<D 


o 


^r 


h 


q 


0) 




a 

<-* 


•S 


t 


ta 




*0^ 
> 


^4 




'o 





ee 


h 


« 


0) 


ee 




•-5 


2) 


o 


PQ 


(4 


« 


Q 


Barnes 


957 


981 


18 


981 


991 


981 


949 


Benson 


527 


281 


21 


587 


229 


548 


217 


Billings 


79 


25 




80 


24 


78 


22 


Bottineau 


878 


897 


5 


876 


392 


885 


878 


Burleigh 


709 


359 


2 


763 


317 


745 


827 


Cass 


2911 


2191 


89 


8060 


2107 


3049 


1993 


Cavalier 


667 
596 


1175 
599 


11 


666 
613 


1027 


666 


1103 


Dickey 


8 


593 


628 


570 


Eddv 


2S0 


240 


10 


282 


241 


277 


286 


Emmons 


301 


170 


5 


816 


160 


804 


164 


Foster 


217 


143 


3 


217 


149 


220 


145 


Grand Forks 


2191 


2015 


41 


2208 


2013 


2244 


1906 


Griggs 


317 


358 


5 


308 


357 


311 


355 


Kidder 


178 


104 


1 


189 


90 


187 


88 


LaMoure 


467 


392 


1 


473 


382 


502 


357 


Logan 


70 
221 


27 
153 


...... 


71 

222 


22 
147 


72 
220 


24 


McHenry 


148 


Mclntosti 


343 


61 




848 


60 


346 


59 


McLean 


117 


69 




1^ 


68 


128 


69 


Mercer 


117 


17 


• • • • ■ 


122 


11 


112 


14 


Morton 


733 
594 


4(6 

628 


8 


811 
614 


854 
605 


748 
613 


402 


Nelson 


598 


Oliver 


59 


58 




63 


57 


60 


58 


Pembina 


1585 


1800 


43 


1467 


2048 


1600 


1812 


Pierce 


2tm 


64 


5 


231 


61 


233 


57 


Ramsev 


824 


682 


11 


856 


633 


836 


613 


Hansom 


762 
1724 


585 
1206 


10 
10 


768 
1827 


593 
1118 


769 
1746 


586 


Richland 


1150 


Kolette 


231 


432 


9 


310 


315 


317 


302 


Sargent 


582 


653 


5 


592 


644 


596 


624 


8tark 


522 


183 


• • • • 


568 


149 


544 


160 


Steele 


572 
671 


321 
5S3 


4 
14 


563 
727 


885 
546 


566 
714 


327 


htutsman 


546 


Towner 


265 
1661 


486 

687 


11 
13 


324 
1629 


368 
711 


319 
1658 


852 


Traill 


667 


AValsh 


1641 


2125 


22 


1669 


2153 


1620 


2200 


Ward 


263 

582 


226 


4 

IH 

1 


276 

572 

93 


137 
313 

85 


282 

57ft 

89 

25887 


188 


AVells 


SCO 


Williams 


93 1 83 


80 






Total 


25233 


21172 


349 


25918 


20890 


20136 


Majority 






5228 


• • • - • • 


5751 





Scattering— For governor, 1 from Barnes count> ; for lieutenant governor, 
1 from Benson. 



1C6 



LEGISLATIVE MANUAL, 



ABSTRACT OF VOTES— Continued. 



COCXTIES. 



Secretary 
of State. 



Barnes 

Benson 

BilUngs 

Bottineau i 

Burleigh 

Cass 

Cavalier 

Dickey 

Eddy 

Emmons 

Foster 

Grand Forks 

Griggs 

Kidder 

LaMoure 

Loean 

McHenry 

Mcintosh 

McLean 

Mercer 

Morton 

Nelxon 

i)Uv^r 

Pembina i 

Pieree ' 

Kamsey 

Ban<4>m 

KK-'hland 

Rolette 

SarKt-nt 

Stark 

Stee:p 

Siu(>iiian 

Tuwner 

Traili 

Wai>h 

Ward 

Wells 

Wiiiiams 



982 

MO 

7S 

579 

730 ^ 

3006 ! a08L> 

614 I 1096 

617 Si^l 



967 

3119 

23 

8K) 



275 
220 



162 
145 



2219 ■ 1><5 
306 . JSS 



180 
475 

74 
216 
318 
121 
112 
730 
614 

60 

156* isn 
tr* 59 



93 

381 

23 

145 

58 

72 

11 

415 

56 



526 

760 



6:S 
5S? 



W5 

6'»S^ 

517 

164^ 



= I 

=: *; I 

a 
o 

1 l ; 



150» lli»2 
310 Slu 
551 i 67^ 
534 164 



5•^^ 
552 
356 
6iSn 



16ay 2124 

2H> l5*> 

5T5 3U6 

?7 ^l 



State 
Auditor. 



I 



■ £ 



a • *- 
= I K 



960 ' 
■ 531 

■ m ' 

730 

; 3018 

' 613 

615 

271 

296 

217 

• 2241 

3U7 

179 

4<» 

74 

214 

344 

1^ 

113 

732 

614 

60 

1577 
2& 
M6 
7m> 

17* 
312 
5?6 
523 
o«3 
62> 
316 

1647 

1(»? 

^5* 

5*7 

^7 



State 
Treasurer. 



968 
216 1 

23 

387 • 

310 

1907 

1080 

579 

238 

166 

147 

1^37 

352 

99 
371 

23 
149 

53 

70 

IS 
411 
5S8 

57 

l^aL^ 

5&» 

615 

576 

1156 

3(^ 

1&^ 
324 
654 
341 
6^9 
2310 
IM 
21»5 
S9 



i Attorney General. 



1 



o 
o 
2 









a 



100ft I 

5I6| 

76 < 

374 I 

731 

3365 

579 ; 

630 • 
278 
9(6 
232 
3067 
314 
1S3 

m 

74 
217 
345 
125 
110 
722 
613 

5^ 

1532 

2*4 

:<J5 

765 
17SS 

3C« 

5ft« . 

53i ■ 

571 

700 

313 
165S 
16M 

2i» 

576 



9S8 ' 

2u ; 

25 ; 

379 

335 

1839 , 

1275 ' 

577 

232 

162 

143 

3(fil 

345 

91 
367 

21 
144 

53 

69 

16 
415 
599 

5S 
1^67 

60 
620 
579 
1163 
317 
630 
169 
120 
549 
342 
667 
2137 
192 
aiH 

I* 



9U I 
531 j 
76 I 
425 . 
787 



890 


89 


210 


« 


23 :. 





674 

618 

2ii 

901 

264 
23S5 

311 

172 

456 
74 

2tt 

337 

129 

110 

733 

621 

57 

1552 

235 

941 

742 
1705 

357 

580 

516 ■ 

54S 

529 

346 
1622 
1613 

364 

585 



334 

339 ' 

1967 

1048 ' 

563 

231 ' 

161 

141 

1766 

335 

94 

38$ 

•20 

132 

55 

69 

16 

4Ce 

5S4 

54 

1724 

53 

:>4n 

5?*) 

1135 

275 

615 

164 

317 

717 

304 

6^1 

9067 

74 



Total 25606 301*7 25496 20158 25649 2C638 2r55t) 194NJ 



3 
1 

74 
6 

10 
6 
5 
3 

39 
4 
1 
3 



2 
1 < 



3 

:> 
1 

62 
2 

l5 
12 
19 
14 
7 

4 
11 
12 

2^ 
45 
13 

i» 
1 



:>\:i 



Majority • 541? 



5:^ 



5311 



AKl 



Seatterin^— For auditor, 1 from Steele. 



STATE OF NORTH DAKOTA. 



107 



ABSTRACT OF VOTES— Con^in wed. 



COUNTIES. 



Barnes 

Benson 

BUlinKS 

Bottineau .... 

Burleigh 

Cass 

Cavalier 

Dickey 

Eddy 

Emmons 

Foster 

Grand Forks 

Griges 

Kidder 

LaMoure 

Logan 

McHenry 

Mcintosh 

McLean 

Mercer 

Morton 

Nelson 

Oliver 

Pembina .. . . 

Pierce 

Kamsey 

Ransom 

Richland 

Rolette 

Sargent 

Stark 

Steele 

Stutsman 

Towner 

Traill 

Walsh 

Ward 

Wells 

Williams 



Total 



Majority 5731 



Commis- 


Superintendent of 
Public Instruc- 


Com. of 


sioner of 


Agriculture 


Insurance. 




tion. 




and Labor. 


P^ 


09 


» 


en 

S 


2 


fii 


:3 


• 


Pm 


• 
• 


fe 


^ 




'A 






• 


JS 


• 










• 


3 


• 
• 


S 


•ji 


■§ 


^ 


J 


1 


V 




a 


t: 


SI3 


Q? 


£ 


o 


•Ji 


ee 


ce 


c6 


•/J 


eS 


-< 


o 


li^ 


Ph 


1011 


H 


PQ 


H 


X 


973 


941 


1055 


194 


940 


925 


588 


200 


575 


199 


111 


599 


167 


74 


25 


72 


24 


12 


74 


22 


880 


369 


880 


881 


47 


381 


355 


733 


,S31 


914 


439 


42 


724 


332 


2891 


2088 


2983 


2229 


429 


2979 


1948 


629 


1069 


630 


1098 


124 


627 


1032 


617 


575 


675 


669 


78 


617 


570 


282 


226 


253 


279 


39 


272 


288 


305 


158 


338 


150 


38 


300 


159 


269 


139 


288 


199 


14 


215 


187 


2250 


1811 


2600 


1966 


208 


2274 


1744 


316 


337 


310 


325 


41 


303 


343 


178 


87 


174 


115 


45 


176 


91 


480 


372 


523 


424 


16 


476 


366 


73 


23 


69 


29 


2 


73 


20 


212 


143 


219 


154 


16 


202 


IM 


348 


50 


334 


51 


16 


344 


50 


124 


74 


136 


87 


5 


125 


62 


109 


15 


105 


14 


8 


109 


16 


780 


407 


778 


368 


24 


719 


407 


604 


591 


685 


640 


17 


608 


594 


60 


55 


50 


66 


8 


57 


56 


1583 


1768 


1655 


1941 


211 


1560 


1786 


224 


59 


215 


70 


7 


223 


58 


838 


596 


821 


620 


129 


797 


607 


755 


591 


827 


579 


43 


757 


578 


1722 


1142 


1809 


1209 


130 


1710 


1126 


312 


297 


280 


316 


94 


816 


288 


581 


624 


633 


661 


97 


589 


620 


523 


167 


505 


211 


150 


518 


154 


558 


320 


558 


361 


30 


564 


315 


739 


503 


711 


674 


128 


685 


528 


318 


825 


822 


827 


83 


309 


323 


1624 


670 


1885 


773 


83 


1618 


659 


1627 


2085 


1776 


2148 


181 


1627 


204O 


272 


171 


251 


162 


46 


153 


318 


570 


297 


572 


316 


54 


574 


.288 


86 


80 


84 


103 


11 
3011 


86 


81 


25507 


19776 


26912 


21427 


25275 


19494 


5731 


• • • • • • 


5485 







5781 


■ • • • • • 



lOei 



LEGISLATIVE MANUAL, 



ABSTRACT OF VOTES— Continued, 



Ci»VXTIKS. 



*U4rues 

liUUuKs,,.. .. 

BottUlOHU 

U\irleigh .... 

i'HSS 

i'HvaUer....'.'.' 
IHckey.... 
KiUly ; 

Kiniuons 

Foster ... 
(iraiiil Forks* 

KuHrer 

LaMoure . . . . 

Locaii ' 

Mi^ Henry 

Mcintosh... 

McLean 

Mercer 

Morton 

Nelson 

Oliver 

rembina 

pierce 

Ramsey 

Kansom 

Klcliland 

Kolette 

Sargent 

Stark 

Steele ... 

Stutsman 

Towner 

Traill 

Walsh 

Ward 

Wells 

Williams 

Total 

Majority. ., 



Commissioners of Railroads. 



« 


a 


?^ 


CO 

s 






" 






m 


^ 


fe 


• 






• 
• 


C 


■ 


■ 

en 
O 


i 


s 
S 


• 

4^ 


o 


o 




Vi 


«-4 

si 


§ 


3 

a 


"5" 


W 


c 


i? 


> 


« 


^ 


974 


910 


915 


939 


901 


880 


535 


487 


476 


203 


186 


174 


76 


69 


69 


23 


20 


19 


370 


355 


334 


374 


389 


323 


723 


710 


711 


332 


327 


326 


2988 


2847 


2800 


2009 


1928 


1913 


632 


618 


573 


1082 


1028 


1007 


6.17 


588 


581 


602 


553 


548 


271 


266 


267 


239 


225 


218 


299 


292 


287 


162 


158 


158 


262 


255 


304 


156 


128 


114 


2242 


2102 


2068 


1830 


1794 


1683 


311 


298 


295 


342 


341 


337 


179 


167 


168 


91 


90 


78 


475 


466 


447 


383 


369 


366 


73 


63 


63 


21 


17 


17 


215 


196 


192 


145 


138 


135 


344 


338 


333 


56 


47 


48 


123 


117 


115 


66 


58 


60 


113 


106 


109 


15 


13 


13 


718 


705 


694 


409 


378 


379 


597 


510 


588 


590 


711 


573 


58 


53 


53 


57 


54 


52 


1535 


1752 


1435 


1733 


1548 


1592 


225 


210 


29 


59 


56 


59 


825 


7a9 


765 


610 


644 


584 


783 


724 


721 


583 


563 


559 


17'28 


1691 


1657 


1168 


1075 


1088 


320 


301 


292 


292 


285 


276 


588 


570 


571 


625 


612 


604 


519 


477 


480 


166 


184 


134 


547 


524 


497 


325 


307 


366 


694 


660 


657 


534 


521 


511 


315 


301 


288 


339 


311 


302 


1623 


1578 


1559 


673 


654 


653 


162S 


•1571 


1523 


2078 


1982 


1956 


271 


253 


248 


182 


178 


168 


564 


528 


566 


294 


279 


26:3 


84 


68 


70 


78 


69 


66 


25444 


24465 


23978 


19865 

• • • ■ 


19021 


18602 


■ • • 


• • • • 









1 



Scattering— For commissioners of railroads, 1 from Steele. 



■■»•»■ 



STATE OF NORTH DAKOTA. 



109^ 



ABSTRACT OF VOTES— Continued, 



COUNTIES. 



Barnes 

Benson 

Billings 

Bottineau 

Burleigh 

Cass 

Cavalier 

Dickey 

Eddy 

Emmons 

Foster 

(Jrand- Forks. 

Ciriggs 

Kidder 

I..aMoure 

Logan 

McHenry 

Mcintosh 

McLean 

Mercer 

Morton 

Nelson 

Oliver 

Pembina 

Pierce 

Ramsey 

Hansom 

Richland 

Rolette 

Sargent 

Stark 

Steele 

Stutsman 

Towner 

Traill 

Walsh 

Ward 

Wells 

Williams.... 

Total 

Majority ... 



Judge of 

Supreme 

Court. 



« 



cd 



952 
530 
74 
879 
728 

3065 
452 
620 
261 
305 
220 

1746 
306 
179 
478 
72 
208 
348 
122 
112 
711 
566 
59 

1265 
224 
773 
770 

1685 
309 
597 
506 
558 
652 
308 

1624 

1450 

267 

567 

82 

24130 



2683 



3 

a 
2 

B 

H 



943 
2.>6 

24 

367 

335 

1935 

1304 

568 

241 

160 

170 

2426 

345 

87 
371 

22 
146 

48 

63 

15 
422 
646 

55 
2181 

59 
654 
572 
1182 
305 
622 
160 
323 
570 
345 
693 
2317 
180 
302 

83 



21447 



Amend- Proposition, 
ment lo ' for a Con- 
State Con- stltutional 
stitution. Convention 







•w 












ce 






i*. 






a 






a- 














t-l 


CQ 


t-t 


OJ 


o 


bC 


o 


tl 


P^ 


< 

825 


^ 


< 


297 


382 


807 


9> 


256 


88 


260^ 


25 


13 


23 


8 


175 


174 


207 


156 


68 


389 


69 


400 


602 


1981 


534 


2143 


253 


706 


236 


730 


108 


454 


94 


487 


155 


93 


183 


92 


70 


84 


56 


101 


65 


98 


88 


74 


768 


1310 


921 


1862 


35 


299 


36 


310 


35 


77 


17 


90 


109 


238 


81 


265 


1 


25 


13 


14 


95 


54 


86 


61 


40 


170 


10 


202 


9 


28 


10 


26 


55 


19 


55 


19 


141 


257 


116 


280 


136 


415 


152 


440 


14 


51 


9 


.56 


686 


1101 


752 


1124 


60 


72 


50 


82 


319 


308 


266 


347 


169 


411 


164 


484 


592 


906 


972 


702 


158 


129 


151 


146 


153 


460 


119 


508 


230 


153 


251 


126 


73 


824 


47 


350 


95 


704 


409 


395 


106 


89 


161 


67 


363 


960 


318 


1031 


1838 


640 


1383 


1019 


71 


137 


57 


146 


180 


230 


198 


245 


33 


6 


25 


7 


8472 


14596 


8814 


15112 


.... 


6124 ' 


7302 



Scattering— For judge of supreme court, 1 from LaMoure, 1 from Wells. 



110 LEGISLATIVE MANUAL, 



POSTOFFICES IN NORTH DAKOTA. 

CORRECTED TO JANUARY 1, 1897. 
[c. h. indicates county seats.] 

Town. County. Town. County, 

Abercrombie Richland Broncho Mercer 

Absaraka..... Cass Brookland ., Sareent 

Acton Walsh Bruce Pembina 

Adams Walsh Buchanan ; Stutsman 

Addison Cass Bue Nelson 

Adler Nelson Buffalo Cuss 

Adrian LaMoure Burlin^on Ward 

Akra Pembina Buttzville Ransom 

Albion Stutsman Buxton.... Traill 

Albertha Dickey Byron Cavalier 

Alderman Barnes Caledonia Traill 

Algeo Barnes Cando (c. h.) Towner 

Alhastead Traill Cannon Ball Morton 

Ambro Cavalier Carder McHenry 

Amenia Cass Carlisle Pembina 

Aneta Nelson Carring^ton (c. h.) Foster 

Anselm Ransom Cashel Walsh 

Antelope Stark Casselton Cass 

Arcis Mercer Cathay Wells 

Ardoch Walsh Cavalier Pembina 

Argusville Cass Cayuga Sargent 

Armstrong- Emmons Cecil Towner 

Arndt Towner Chaffee Cass 

Arthur Cass Christine Richland 

Arvilla Grand Forks Churches Ferry Ramsey 

Ashley (c. h.) Mcintosh Clement Dickev 

Ashtabula Barnes Clifford Traill 

Auburn Walsh Clive Barnes 

Austin Cavalier Coal Harbor McLean 

Ayr Cass Coburn Ransom 

Bac Cavalier Cogswell Sargent 

Backoo Pembina Coldwater Mcintosh 

Bacon ville Nelson Colfax Richland 

Barlow Foster Colgate Steele 

Barnes ; Barnes Conger Burleigh 

Barrie Richland Conklin McLean 

Bartlett Ramsey Conway Walsh 

Barton Pierce Cooperstown (c. h.) Griggs 

Bathgate Pembina Cordelia Bottineau 

Bay Centre Pembina Corrina Stutsman 

Beuulieu Cavalier Cottonwood Griggs 

Belcourt Rolette Courtnay Stutsman 

Belfield Stark Crary Kamsev 

Belville Grand Forks Croft Burleigh 

Belevyria Steele Cromwell Burleigh 

Belmont Traill Crozier Nelson 

Benzion Ramsey Crystal Pembina 

Bisbee Towner Crystal Springs Kidder 

Bismarck (c. h.) Burleigh Cummings Traill 

Blanchard Traill Cynch Morton 

Bordulac Foster Daily Barnes 

Bottineau (c. h.) Bottineau Dakem Emmons 

Bowesmont Pembina Dale Emmons 

Brampton Sargent Daniels Cavalier 

Brinsmade Benson Dash Towner 



STATE OF NORTH DAKOTA. 



Ill 



Town. County. 

Davenport Cass 

Dawson Kidder 

Dazy Barnes 

Deaopolis Mercer 

Deehr Nelson 

Deerroat Ramsey 

DeLamere Sargent 

Des Lacs Ward 

Devils Lake (c. h.) Ramsey 

Dickey LaMoure 

Dickinson (c. h.) Stark 

Dog-den McLean 

Donnybrook Ward 

Drayton Pembina 

Duane Traill 

Dundee Walsh 

Dunseith Rolette 

Durbin Cass 

Dwight Richland 

Easby Cavalier 

Easton Steele 

Echo Ward 

Eckelson Barnes 

Edg^erley LaMoure 

Edinburgh Walsh 

Edmunds Stutsman 

Elbo Woods McLean 

Eldridge Stutsman 

Elkwood Cavalier 

EUendale (c. h.) Dickey 

Elliot Ransom 

Ellsbury Barnes 

Elora Walsh 

Eli Eiottineau 

Emboden Cass 

Emerick Wells 

Emerado Grand Forks 

Emmonsburg^ Emmons 

Enderlin Ransom 

Englevale >- Ransom 

Erie Cass 

Ernest Pembina 

Esler Stutsman 

Evanston Towner 

Everest Cass 

Exter Emmons 

Fairmount Richland 

Falconer McLean 

Fargo (c. h.).. Cass 

Farmington Richland 

Fergus Grand Forks 

Fessenden (c. h.) Wells 

Fingal Barnes 

Forest River Walsh 

Forman (c. h.) Sargent 

Forsby Sargent 

Fort Berthold McLean 

Fort Ransom Ransom 

Fort Rice Morton 

FortTotten Benson 

Fort Yates Morton 

Fosholm Ward 

Foslake Ramsey 

Francis . . , Burleigh 

Freeborn Eddy 

Fried ..Stutsman 



Town. County. 

Fryar Logan 

FuUerton Dickey 

Galchutt Richland 

Galesburg Traill 

Gallatin Grigfj^g 

Gardner Cass 

Gardar Pembina 

Garfield Cass 

Gayton Emmons 

Geneseo Sarg^ent 

Giedt Mcintosh 

Gilby Grand Forks 

Gladstone Stark 

Glaston Pembina 

Glencoe Emmons 

Glenfield Foster 

Glen Ullin Morton 

Glover Dickey 

Gohring Mcintosh 

Golden Lake Steele 

Grafton (c. h.) Walsh 

Graham's Island Benson 

Grand Forks (c. h.) Grand Forks 

Grand Harbor Ramsey 

Grandin Cass 

Grand Rapids LaMoure 

Granville McHenry 

Gray Stutsman 

Grass Lake Pierce 

Great Bend Richland 

Griswold LaMoure 

Guelph Dickey 

Hague Traill 

Halson Pembina 

Hamilton Pembina 

Hamlin Sargent 

Hampton Emmons 

Hancock McLean 

Hankinson Richland 

Hannaford Griggs 

Hannah Cavalier 

Hannover Oliver 

Harlem Sargent 

Harmon Morton 

Harrisburgh Nelson 

Harvey , Wells 

Harwood Cass 

Hastings Barnes 

Hatton Traill 

Havana Sargent 

Haven Foster 

Hayes Ransom 

Hazen Mercer 

Hebron Morton 

Helena Griggs 

Hensel Pembina 

Hensler Oliver 

Hickson Cass 

Hillsboro (c. h.) Traill 

Hofflund Williams 

Holmes Grand Forks 

Homen Cavalier 

Homestead Richland 

Honeyford ...Grand Forks 

Hopple Walsh 

Hope Steele 



112 



LEGISLATIVE MANUAL, 



Town. County. 

Horace Cass 

Hull Emmons 

Hunter Cass 

Hurricane I^ke Pierce 

Hydepark Pembina 

Ingfersoll McLean 

Inkster Grand Forks 

lola Ramsey 

Island Lake Rolette 

Jackson Ramsey 

Jamestown (c. h.) Stutsman 

Jaynesburg Morton 

Jerusalem Ramsey 

Jessie Grig^gs 

Jewell IMclntosh 

Johnstown Grand Forks 

Joliette Pembina 

Joslyn Ward 

Kassel Mcintosh 

Kellys Grand Forks 

Kelso Traill 

Kemplon Grand Forks 

Kensal ^Stutsman 

Kindred Cass 

Kiner Wells 

King Logan 

Kinloss Walsh 

Knox Benson 

Kongsberg Richland 

Krem Mercer 

Kulni LaMoure 

Lakota (c. h.) Nelson 

Lambert Walsh 

LaMoure Tc. h.) LaMoure 

Langdon (c. h.) Cavalier 

Langedahl Kidder 

Lanona Barnes 

Larimore Grand Forks 

Laribee Foster 

Latona Walsh 

Laureat Rolette 

Leal Barnes 

Lee Nelson 

Leeds Benson 

Leipzig Morton 

Lehigh Stark 

Lemert Foster 

Leonard Cass 

Leroy Pembina 

Lewis Towner 

Lidgerwood Richland 

Lisbon (c. h.) Ransom 

Litch ville LaMoure 

Livona Emmons 

Logan Ward 

Lordsburg Bottineau 

Lorrain Dickey 

Lowell Mcintosh 

Luca Barnes 

Ludden Dickey 

Lynchburg Cass 

McCanna Grand Forks 

McKenzie Burleigh 

McKinney Ward 

Mcl-ean ... Cavalier 

McRea Grand Forks 



Town. County. 

Mc Villa Nelson 

Maida Cavalier 

Mandan (c. h.) Morton 

Mandt Walsh 

Manfred Wells 

Mantador Richland 

Man ville Grand Forks 

Mapes Nelson 

Mapleton Cass 

Mardel Steele 

Mason , Cass 

Mayville Traill 

Matteson Barnes 

Maza Towner 

Medf ord Walsh 

Medina Stutsman 

Medora (c, h.) Billings 

Meckinock Grand Forks 

Melby Foster 

Melville Foster 

Menoken Burleigh 

Merricourt Dickey 

Merrificld Grand Forks 

Michigan Nelson 

Mikelson Grand Fork'fr 

Milnor Sargent 

Milton Cavalier 

Minnewaukan (c. h.) ..Benson 

Minnie Lake Barnes 

Minot(c. h.) Ward 

Minto Walsh 

Mona Cavalier 

Monango Dickey 

Montpelier Stutsman 

Mooreton Richland 

Morris Eddy 

Moscow Cavalier 

Moselle Richland 

Mountain . . Pembina 

Mount Carmcl Cavalier 

Mugf ord Pembina 

Napoleon (c. h.) Logan 

Nash Walsh 

Nebo Steele 

Neche Pembina 

Nesson Williams 

Newbre Ramsey 

New England Stark 

New Rockford (c. h.) Eddy 

New Salem Morton 

Niagara Grand Forks 

Nicholion Sargent 

Norman Cass 

North Viking Benson 

North wood Grand Forks 

Norton Walsh 

Norwegian Mcintosh 

Nowesta Pembina 

Oakdale Stark 

Oakes Dickey 

Oakland McHenry 

Ortkville Barnes 

Oakwood Walsh 

Oberon Benson 

Odena Mcintosh 

O jata Grand Forks 



STATE OP NORTH DAKOTA. 



113 



Town . County. 

Olgra Cavalier 

Ofhemee Bottineau 

Omio Emmons 

Oriska Barnes 

Orr Grand Forks 

Osnabrock Cavalier 

Ostrem Mcintosh 

Ottofy Nelson 

Overholt Ward 

Owegfo Ransom 

Pag^e Cass 

Painted Woods Burleigh 

Park River Walsh 

Pelto Nelson 

Pembina (c. h.) Pembina 

Pcndroy McHenry 

Penn Ramsey 

Perry Sargent 

Perth Towner 

Petersburg' Nelson 

Peterson Cass 

Picton Towner 

Pingree Stutsman 

Pisek Walsh 

Pittsburg Pembina 

Piano Barnes 

Pleasant Lake Benson 

Plymouth Ransom 

Portal Ward 

Portland Traill 

Power Richland 

Praha : Walsh 

Pratf ord Pembina 

Preston Ransom 

Primrose Steele 

Ransom Sargent 

Reynolds Grand Forks 

Richardton Stark 

Richville Logan 

Roach McLean 

Robinson Ward 

Rolla (c. h.) Rolette 

Romne&s Griggs 

Roop Emmons 

Rotterdam Emmons 

Ruby Nelson 

Rugby (c. h.) Pierce 

Russel LaMoure 

Rutland Sargent 

Rutten Ramsey 

St. Andrews Walsh 

St. John Rolette 

St. Thomas Pembina 

Sanborn Barnes 

Sandoun Ransom 

Sanger (c. h.) Oliver 

Saunders Cass 

Scotia Bottineau 

Scoville Ransom 

Sells Emmons 

Sentinel Butte Billings 

Seymour Richland 

Sharlow Stutsman 

Sharon Steele 

Sheldon Ransom 

Sherbrooke (c. h. ) Steele 



Town, County. 

Sheyenne Eddy 

Shields Mortofi 

Sidney .Towner 

Silvcrleaf Dickey 

Silvesta Walsh 

Simms Morton 

Slaughter Burleigh 

Snake McLean 

Sogn Nelson 

Soper Cavalier 

South Hart Stark 

South Prairie* Emmons 

Sperry Richland 

Spiritwood Stutsman 

Stammen Ward 

Standy Richland 

Stanton (c. h.) Mercer 

Starkweather Ramsey 

Steele (c. h.) Kidder 

Sterling Burleigh 

Stevenson " Morton 

Stewartsdale Burleigh 

Stillwell Cavalier 

Stokes ville Pembina 

Stoughton Grand Forks 

Straubville Sargent 

Stroud .* Stark 

Svea Barnes 

Svenby Barnes 

Sweetbriar Morton 

Sykeston Wells 

Tappan Kidder 

Tara Steele 

Tarsus Bottineau 

Taylor Stark 

Tell Emmons 

Tewaukon Sargent 

Theed Richland 

Thompson Grand Forks 

Tiffany Eddy 

Tome V Walsh 

Towanda Sargent 

Tower City Cass 

Towner (c. h.) McHenry 

Tysil Cass 

Turtle Lake McLean 

Turtle River Grand Forks 

Twala Rolette 

Tyler Richland 

Tyner Pembina 

Union Cavalier 

University Grand Forks 

Valley City (c. h.) . .... Barnes 

Vang Cavalier 

Velva .*. . . McHenry 

Verona I^Moure 

Veseley ville Walsh 

Vesta Walsh 

Viking Benson 

Villard McHenry 

Voss Walsh 

Wahpeton (c. h.) Richland 

Walcort Richland 

Walhalla ; . . Pembina 

Walle Grand Forks 

Walshville.... Walsh 



114 



LEGISLATIVE MANUAL, 



Town. County. 

Warren Cstss 

Warsaw Walsh 

Washburn (c. h.) McLean 

Watson Cass 

Weible Traill 

Welford Pembina 

Weller McLean 

Westboro Dickey 

Westfield Emmons 

Wheatland Cass 

White Earth Ward 

Whynot ^.. Grand Forks 

Wildrice Cass 

Williamsport (c. h ) Emmons 

Williston (c. h.) Williams 

Willow City Bottineau 

Wimblcton Barnes 



Town. County. 

Wmchester Emmons 

Windsor Stutsman 

Wines McHenry 

Winona Emmons 

Witting^ Bottineau 

Wogansport Burleip^h 

Woodbridg-e Cavalier 

Woodhull Richland 

Woods Cass 

Wright Dickey 

Wyndmere Richland 

York Benson 

Yorktown Dickey 

Younffstown . . . / , Mcintosh 

Ypsilanti Stutsman 

Yule Billings 



STATE OP NORTH DAKOTA. 115 



NEWSPAPERS OF THE STATE. 



North Dakota Patriot . ..Valley City 

Times-Record Valley City 

News Wimbledon 



BAKNES COUNTY. 



Alliance Valley City 

Enterprise Sanborn 



BENSON COUNTY. 



Echo Oberon 

Benson County News Leeds 



Reporter Oberon 

North u akota Sittings . 
Minnewaukan 



BOTTINEAU COUNTY. 

Courrant Botthieau | North Dakota Eagle .... Willow City 

BURLEIGH COUNTY. 

Tribune (D. & W.) Bismarck | Settler Bismarck 

CASS COUNTY. 



Argus (D.& W.) Fargo 

North Dakotan, (Mo.) . ..Fargo 
Western Womauhood (Mo.).. Fargo 

News Davenport 

Express Buffalo 

Herald Hunter 

Eagle Wheatland 



Forum (D. &W.) Fargo 

Record ( Monthly) Fargo 

Banner (Monthly) Fargo 

Reporter Casselton 

Topics TownrCity 

Chronicle Grandln 

Dakota (Norwegian) Fargo 



CAVALIER COUNTY. 

Cavalier County Republican . i Courier- Democrat Langdon 

Langdon I Globe Milton 

DICKEY COUNTY. 

North Dakota Record Ellendale Commercial Ellendale 



Independent Oakes 

er Ellendale 



maep 
Leade 



Republican Oakes 



EDDY COUNTY. 

Transcript NewRockford 

EMMONS COUNTY. 

Emmons County Record. Times Winona 

Williamsport 

FOSTER COUNTY. 

Foster County Independent Carrington 

GRAND FORKS COUNTY. 



Herald (D.& W.) Grand Forks 

Northwest News Grand Forks 

Pioneer Larimore 



Plaindealer (D. &W.). Grand Forks 

Normanden Grand Forks 

Leader Larimore 



Gleaner Northwood i Tribune Inkster 

Enterprise Reynolds | Vldette Gilby 

GRIGGS COUNTY. 

Griggs County Courier Cooperstown 

itlDDER COUNTY. 

Times-Standard Dawson | Ozone Steele 

LAMOURE COUNTY. 



Mall Edgerley 



Wind Kulm 



gei 
,Ki 



Chronicle LaMoure 



LOGAN COUNTY. 

Homestead Napoleon 

m'henry county. 
News and Stockman Towner 

M'lNTOSH county. 

Mcintosh Republican Ashley 

m'lean county. 
Leader Washburn 



I 
♦ 



116 LEGISLATIVE MANUAL, 



MERCER COUNTY. 

Pilot Stanton 

MORTON COUNTY. 

Pioneer Mandan Times Mandan 

Independent Mandan 

NELSON COUNTY. 

Observer Lakota ; Herald Lakota 

Independent Michigan City ' Panorama Aneta 

PEMBINA COUNTY. 

Pioneer-Express Pembina I Times St. Thomas 

X-Rays Hamilton I Pink Paper Bathj?ate 



Chronicle Cavalier 

Echo Drayton 



Call Crystal 

Star Jseche 



PIERCE COUNTY. 

Tribune Rugby 

RAMSEY COUNTY. 



Inter-Ocean Devils Lake 

News Devils Lake 

Sun ' .Churches Ferry 



Free Press Devils Lake 

Banner (Monthly) Devils Lake 

Courier Crary 



RANSOM COUNTY. 



'^Jazette Lisbon 

Enterprise Sheldon 



Free Press. Lisbon 

Journal Enderlin 



RICHLAND COUNTY. 



Globe Wahpeton 

Times Wahpeton 

Herald Abercrombie 

Broadaxe Lidgerwood 



Gazette Wahpeton 

Wahpetonian (Mo. ) Wahpeton 

News Hankinson 



ROLETTE COUNTY. 



Turtle Mountain Star Rolla 

Herald Dunseith 



Turtle Mountain Times Rolla 



SARGENT COUNTY. 

Item Forman I Independent Forman 

Teller Milnor I New Era Harlem 

STARIS: COUNTY. 

Press Dickinson | Recorder Dickinson 

STEELE COUNTY. 

Steele County Tribune . . Sherbrooke | Pioneer Hope 

STUTSMAN COUNTY. 

Alert ( D. & W. ) Jamestown | Capital ( D. & W. ) Jamestown 

TOWNER COUNTY. 

Herald Cando | Record Cando- 

TRAILL COUNTY. 



Banner Hillsboro 

Republican Portland 

Goose River Farmer Mayville 



Traill County Times Hillsboro 

Tribune Mayville 

Vesterheim . . . . : Mayville 



WALSH COUNTY. 



Walsh County Record Grafton 

Common School (Mo.) Grafton 

Gazette-Witness Park River 



News and Times Grafton 

Journal Mlnto 



WARD COUNTY. 

Journal. Mlnot | Mirror Minot 

WELLS COUNTY. 

Advertiser Fessenden l Advertiser Harvey 

Wells County News Harvey | 

WILLIAMS COUNTY. 

Graphic Wllllstou | Banner Willlston 



Assessed Valuatioa of the Several Counties of North Dakota. 



Coun.J. 


Reiil. 


Personal. 


Railroad!. 


Total. 


iiSvi:;;^;;!:::;; 


S4 

la 

83 

s 

i 

es 
as 

s 

»5 

s 


$ as 

1 

70 

i 

i 

99 
.18 

i 

isi 

III 


S M1.7(ia 
219,903 

s 

719,777 

^;89B 
!9.2e7 


i 


^e:ee;: 




Fost"^---/ 


47,23S 
89,107 

auits 








{:Sr^;:;::::::::::;;:;; 




MeHenry 


■■'■!ss;m 




McLean 


'■■■s«l',780 
91,(H7 

89 

1 
i 

w 
so 

1 

.15 








?Su.«.:::::.:::;::;;:::: 




















?^'^:;:::;:::::::;:":: 




Uuo^anlzed counties 








Total 


SBU22.0H2 


Sa),7B0,856 


$ 7.986,816 


t e3,S7».561 






III 



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122 



LEGISLATIVE MANUAL, 



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124 



LEGISLATIVE MANUAL, 



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128 LEGISLATIVE MANUAL, 



VARIOUS MONEYS OF CIRCULATION. 

There are ten different kinds of money in circulation in tlie Unitei! 
States, namely: Gold coins, standard silver dollars, subsidiary silver, 
gold certificates, silver certificates, treasury notes issued under tne act of 
July U, 1890; United States notes (also called greenbacks and legal tend- 
ers), national bank notes, and nickel and bronze coins. Tiiese forms of 
money are all available as circulation. 

Gold coin is legal tender at Its nominal or face value for all debts, pub- 
lic and private, when not below the standard weight and limit of toler- 
ance prescribed by law; and wlien below such standard of tolerance It Is^ 
legal tender In proportion to Its weight. 

Standard silver dollars are legal tender at their nominal or face value 
in payment of all debts, public and private, wltliout regard to the amount, 
except where otherwise expressly stipulated In the contract. 

.subsidiary silver Is legal tender for amounts not exceedlilg $10 In any 
one payment. Treasury notes of the act of July U, 1890, are legal tender 
for all debts, public and private, except where otherwise expressly stiim- 
lated In the contract. 

United States notes are legal tender for all debts, public and private, 
except duties on imports and Interest on the public debt. 

G«ild certificates, sliver certificates and national bank notes are not 
legal tender, but such classes of certificates are receivable for all public 
dues, while national bank notes are receivable for all public dues except 
duties on Imports, and may be paid out by the government for all salaries 
and other deots and demands owing by the United States to individuals.^ 
corporations and associations within the United States, except interest on 
the public debt, and in redemption of the national currency. All national 
banks are required by law to receive the notes of other national banks at 
par. 

The minor coins of nickel and copper are legal tender to tiie extent of 
25 cents. 

The coinage of the legal tender gold was authorized by the first coinage 
act, passed by congress April 2, 1792. The gold unit of value Is tiie dollar, 
which contahis 25.8 grains of standard gold 900 fine. The amount of fine 
gold In the dollar is 23.22 grains, and the remainder of the weight Is an 
alloy of copper. The total coinage of gold by the mints of the United 
States from 1792 to June 30, 1896. was $1,814,692,253, of which it Is estimated 
$567,981,823 Is still in existence as coin In the United States, while the re- 
mainder has been exported or consumed In the arts. 

The silver unit is the dollar, which contains AViVs grains of standard 
sliver 900 fine. The amount of fine silver in the dollar is 871»i grains, and 
there are 41 H gra ns of copper alloy. The standard sliver dollar was first 
authorized by the act of April 2, 1792, The coUiageof the standard sliver 
dollar was discontinued by the act of February 12, 1873, and It was re- 
stored by the act of February 28, 1878. 



STATE OF NORTH DAKOTA. 



12^ 



INTEREST LAWS AND GRACE ON SIGHT DRAFTS. 



States and 
Territories. 



Alabama 

Alaska 

Arizona 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

District of Col 

Florida 

Georgia 

Idaho 

Illinois 

Indian Territory.. 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire. . 

New Jersey 

New Mexico 

New York 

North Carolina... 

North Dakota 

Ohio 

Oklahoma , 

Oreffon 

Pennsylvania . .. . 

Rhode Island 

South Carolina. . . 

South Dakota 

Tennessse 

Texas 

Utah 

Vermont 

Virginia 

Washington. 

West Virginia .... 

Wisconsin 

Wyoming 



Legal 
Rate of 


Rate by 


Interest. 


contract. 


Per cent. 


Per cent. 


8 


8 


None. 


None. 


7 


Any rate. 


,6 


10 


7 


Any rate. 


8 


Any rate. 


6 


t 


6 


6 


6 


• 10 


8 


* 10 


7 


8 


10 


18 


5 


7 


10 


15 


6 


8 


6 


8 


6 


10 


6 


6 


5 


8 


6 


Any rate. 


6 




6 

7 
7 


Any rate. 


• • • • • ■ • 

10 


6 


10 


6 


8 


10 


Any rate. 


7 


10 


7 


Any rate. 


6 


Any rate. 


6 


6 


6 


12 


6 


6 


6 


6 


7 


12 


6 


8 


7 


Any rate. 


8 


10 


6 


6 


6 


Anv rate. 


7 


8 


7 


12 


6 


6 


6 


10 


8 


Any rate. 


6 


6 


6 


6 


8 


Any rate. 


6 


6 


6 


10 


12 


Any rate. 



Penalty for Usury. 



Forfeiture of all int . . . . 

None 

Misdemeanor 

Forf t. principal and int. 

None 

None 

None 

Forfeiture of 'contract. . 

Loss of interest 

Forfeiture of interest.. 
Forfeiture of all int .... 
10 p.c.paid to sc'hl fund. 

Forfeiture of all int 

Not recoverable by law. 
Forfeiture of interest . . 
Forf t. of 10 p.c. and int, 
Forft. of excess of int. . 

Action at law 

Forfeiture of interest.. 

None 

Forfeiture of interest.. 

None 

Forft. of prin. and int.. 
Forfeiture of interest . . 
Forfeiture of interest.. 
Int. goes to sch'l fund.. 

No law 

Forft. int.,paym*t costs. 

None 

8 times excess of 6 p. c. 
Forft. mt. and costs. . . . 
Forft. twice amt., $100. 
Misdem'n'r; punishable 
Forft. of twice amt .... 
Forft. of twice amt .... 
Forfeiture of excess . .. 

Law repealed 

Forft. of prin. and int.. 
Forft. excess of int .... 

None 

Forft. of interest 

Forft. of interest 

Forft. excess of int.... 
Forfeiture of interest.. 

None 

Forft. usurious int 

Forfeiture of excess .... 

None., 

Liable to loss excess. .. 

Forft. of interest 

None 



Grace 

or 

No^race. 



Yes. 
None, 

3d. 

♦ 

No. 

3d. 

* 

8d. 

No. 

No. 

3d. 

Yes. 

No. 

No. 

3d. 

Yes. 

Yes. 

No. 

No. 

3d. 

Yes. 

3d. 4 

3d. 

3d. 

Yes. 

3d. 

3d. 

No. 

No. 

3d. 

Yes. 

3d. 

No. 

Yes. 

No. 

3d. 

Yes. 

No. 

No. 

Yes. 

Yes. 

3d. 

No. 

Yes. 

No. 

No. 

No. 

Yes. 

No. 

No. 

No. 



* When mentioned in contract. 

f Law in state where contract made. 



Man— 9 



i:30 



LEGISLATIVE MANUAL, 



PRESIDENTS OF THE UNITED STATES. 



3 c 
ectC 



1789 
1797 

1801 
1809 
1817 
1825 
1829 
1837 
1841 
1841 
1845 
1849 
1850 
1858 
1^57 
18(51 
1865 
1869 
1877 
1881 
1881 
1885 
1889 
1893 



Name. 



Georg^e Washington 

John Adams 

Thomas Jefferson ♦ 

James Madison 

James Monroe 

John Quincy Adams 

Andrew Jaclcson 

Martin VanBuren 

♦Wm. Henry Harrison 

John Tyler 

James Knox Polk 

fZacharv Taylor 

Millard Fillmore 

Franklin Pierce 

James Buchanan 

:): Abraham Lincoln 

Andrew Johnson 

Ulysses S. Grant 

Rutherford B. Hayes 

II James A, Garfield 

Chester A. Arthur 

Groyer Cleveland 

Benjamin Harrison 

Grover Cleveland 



Where From. 



Virginia 

Massachusetts 

Virginia 

Virtfinia 

Virginia 

Massachusetts 
Tennessee. . . . 
New York. .. 

Ohio 

Virginia., k... 
Tennessee, . . . 
Louisiana.... 
New York. .. 
N. Hampshire 
Pennsylvania. 

Illinois 

Tennessee. . . . 

Illinois 

Ohio 

Ohio 

New York. ., 
New York. .. 

Indiana 

New York. .. 



Term of 
Office. 



8 years. 
4 years. 
8 years. 
8 years. 
8 years. 
4 years. 
8 years. 
4 years. 
1 month. 

3 years, 11 mos. 

4 years. 

1 yr. 4 mo. 5 d. 

2yrs.7ra. 26d. 

4 years . 

4 years. 

4 yrs. 1 m. lOd. 

3yrs.10ra.20d. 

8 years 

4 years. 

6 mos. 15 days. 

5 yrs. 5 m. 15 d. 
4 years. 

4 years. 
4 years. 



* Died in office, April 4, 1841, when Vice President Tyler succeeded him. 
t Died in office, July 9, 1850, when Vice President Fillmore succeeded him. 
X Assassinated April 14, 1865, when Vice President Johnson succeeded him. 
II Assassinated, and died September 20, 1881, when Vice President Arthur suc- 
ceeded him. 



STATE OF NORTH DAKOTA. 



131 



VICE PRESIDENTS OF THE UNITED STATES. 



- 


Name. 


Where From. 


178'^ 


John Adams 


Massachusetts 


1797 
1801 


Thomas )efferson 

Aaron Burr 


Virginia 

New York 


1805 


♦George Clinton 


New York 


1812 


William H. Crawford 




1813 


*Elbridge Gerry 


Massachusetts 


1814 


John Gatliard 




1817 


Daniel D. Tompkins 


New York 


1825 


tjohn C. Calhoun 

HujfhL. White 

Martin VanBuren 


South Carolina 


1831 
1833 


New York 


1837 


Richard M. Johnson 


Kentucky 

Virginia 

New Tersev 


1841 
1841 


J John Tyler 

§ Samuel L. Southard 

Willie P. Mangum 

George M. Dallas 

1 Millard Fillmore 


1842 


North Carolina 


1845 
1849 


Pennsylvania 

New York 


1850 
1853 


§* William R. King 

I>avid R. Atchison 

JJesse D. Bright 

John C. Breckenridge 

Hannibal Hamlin 


, Alabama 

Missouri 


1855 


Indiana 


1857 
1861 


Kentucky 

Maine 


1865 
1865 
1866 
1869 


•f Andrew Johnson 

8 I^f ayette S. Foster 

g Benjamin F. Wade 

Schuyler Colfax 

* Henry Wilson 


Tennessee 

Connecticut 

Ohio 

Indiana 


1873 


Massachusetts 


1875 
1877 


SThomas W. Ferry 

William A. Wheeler 

*♦ Chester A. Arthur 

§ David Davis 


Michigan 

New York 


1881 


New York 


1881 


Illinois 


1883 


SGeorge F. Edmunds 

* Thomas A. Hendricks 

§John Sherman 

g John. J. Ingalls 

Levi P. Morton 

Adlai E. Stevenson 


Vermont 


1885 
1885 


Indiana 

Ohio 


1887 


Kansas 


1889 


New York 


1893 


Illinois 







» Died in office. 

+ Resigned December 28, 1832. 

X Became president by death of Harrison. 

g Ex -officio as president pro tem of the senate. 

5 Became president by death of Tavlor. 

^ Became president by death of Lincoln. 

*♦ Became president by death of Garfield. 



132 



LEGISLATIVE MANUAL, 



CENSUS OF 1890. 

POPULATION, SEX. NATIVITY AND RACE. 





Sex. 


Nati 


vity. 




States and 










Colored. 


Territories. 


Male. 


Female. 


Native 
Born. 


Foreign 
Born. 


Alabama 


757,456 


755,561 


1,498,240 


14,777 


679,299 


Arizona 


36,571 


23,049 


40,825 


18,795 


4.040 


Arkansas 


585,755 


542,(24 


1,118,915 


14,264 


809,427 


California 


700,059 


508,071 


841.821 


366,809 


96,458 


Colorado 


245,247 


166.951 


328,208 


88,990 


7,730 


Connecticut 


369,538 


876.720 


562,657 


183,601 


12,820 


Delaware 


85.578 


82,920 


155,332 


13,161 


28.427 


Dist. of Col 


109,584 


120,808 


211,622 


18,770 


75,697 


Florida 


201,947 


189,475 


868,490 


22.932 


166,478 


Georgia 


919,125 


917,428 


1,825.216 


12,187 


858,996 


Idaho 


51,290 


33,095 


66,929 


17.456 


2,367 


Illinois 


1,972,308 


1,854,043 


2,984,004 


842,347 


57,879 


Indiana, 


1,118,347 


1,074,057 


2,046,199 


146.205 


45,668 


Iowa 


994.453 


917,443 


1,587,827 


824,069 


10,810 


Kansas 


752,112 


674,984 


1,279.258 


147,838 


50,543 


Kentucky 


942,758 


915.877 


1,799,279 


59,356 


268.173 


I^ouisiana 


559,350 


559,237 


1,068,840 


49,747 


560,192 


Maine 


332,590 


828,496 


582,125 


78,961 


1,823 


Maryland 


515,691 


526.699 


948,094 


94,296 


215,897 


Massachusetts... 


1,087,709 


1,151,234 


1,581,806 


657,137 


28,570 


Michigan 


1,091,780 


1,002,109 


1.5fi0.009 


543,880 


21,005 


Minnesota 


695.321 


606,505 


834,470 


467.356 


5,667 


Mississippi 


649,687 


639,913 


1,281,648 


7.952 


744,749 


Missouri 


1.385,238 


1,293,946 


2,444,315 


234,86 1 


150,726 


Montana 


87,882 


44,277 


89.063 


43.096 


4,888 


Nebraska 


572,824 


486,086 


856,868 


202,542 


12,022 


Nevada 


29,214 


16.547 


31.055 


14,706 


6,677 


N. Hampshire.. 


186,566 


189,964 


304,190 


72,340 


690 


New Jersey 


720,819 


72i.ll4 


1,115,918 


328.975 


48.352 


New Mexico . .. 


83,055 


70.538 


142,334 


11,259 


10,874 


New York 


2.976.893 


3,020,960 


4.426.803 


1,571,05!) 


73,901 


North Carolina. 


799,149 


818,798 


1,614,245 


8,702 


562,565 


North Dakota .. 


101.590 


81.129 


101,218 


81.461 


596 


Ohio 


1.855,736 


1,816,580 


3.213,023 


459,293 


87,511 


Oklahoma 


34,733 


27,101 


59,094 


2,740 


3,008 


Oregon 


181,840 


131,927 


256,450 


57,317 


12,009 


Pennsvlvania . .. 


2,666.331 


2,591.683 


4,412,294 


845.720 


109,757 


Rhode" Island. .. 


168,025 


177,481 


239,201 


106.305 


7,647 


South Carolina.. 


5*/ 2,337 


578,812 


1,144,879 


6,270 


689,141 


South Dakota. . 


180.250 


148.558 


237,753 


91.0.55 


1,518 


Tennessee .... 


• 891,5a5 


875,933 


1,747.489 


2').029 


480,881 


Texas 


1.172.553 


1,062,970 


2,082,567 


152,956 


489,588 


Utah 


110.463 


97.442 


154.841 


58.064 


2,00ft 


Vermont 


169,327 


163,095 


288.334 


44.088 


1,004 


Virginia 


824,278 


831.702 


1,637,606 


18.374 


685.858 


Washington .... 


217,562 


181.828 


259.885 


90.005 


8,877 


West Virginia.. 


390.285 


872,509 


748,911 


18,883 


82,717 


Wisconsin 


874,951 


811,929 


1,167,681 


519,199 


6,407 


Wyoming 


39,343 


21,362 


45,792 


14,913 


1,430 


Totals 


82,067,880 


80,554.870 


53;372,708 


9,249,547 


7.638,360 



In addition to the above, Alaska's population was 30,329; Indian Terri- 
torv, 186.890, making a grand total of population of the United States^ 
62,888.969. 



STATE OF NORTH DAKOTA. 133 



NATURALIZATION LAWS. 

DECLARATION OF INTENTION— An alien seeking naturalization as 
a citizen of the United States must declare on oath before a circuit or district 
court of the United States, or a district or supreme court of the territories, or a 
court of record of anv of the states having common law jurisdiction and a seal 
and a clerk, at least two years before his admission, that it is, bona-hde, his 
intention to become a citizen of the United States, and to remove forever all 
allegiance and fidelity to any foreign state or ruler, and particularly to the one 
of which he may be at the time a citizen or subject. 

OATH ON APPLICATION FOR ADMISSION.— At the time of his 
application for admission he must also declare on oath, before some one of the 
■courts above specified, **that he will support the constitution of the United 
States, and that he absolutely and entirely renounces and abjures all allegiance 
and fidelity to every foreign prince, potentate, state or sovereignty, and particu- 
larly, by name, to the prince, potentate, state or sovereignty of which he was 
before a citizen or subject. 

CONDITIONS OF CITIZENSHIP.— It must appear to the satisfaction of 
the court to which the alien has applied for final admission that he has resided 
continuously within the United States for at least five years, and in the state or 
territory where the court is held at least one year, and that during that time 
"••he has behaved as a man of good moral character, attached to the principles of 
the constitution of the United States, and well disposed to the gooa order and 
happiness of the same." 

TITLES OF NOBILITY.— If the applicant bears any hereditary title or 
belongs to any order of nobility, he must make an express renunciation at the 
time of his application. 

SOLDIERS AND NAVY SAILORS.— Any alien twenty-one years old 
and upward who has been honorably discharged, having served five consecu- 
tive years, from the army, navy or marine corps of the United States, may 
become a citizen on his petition, without any previous declaration of intention, 
provided the court admitting such alien shall, in addition to proof of good 
moral character, be satisfied of the proof of the service and honorable dis- 
charge of such alien. 

MINORS. — Any alien under the age of twenty-one, who has resided in the 
United States three years next preceding his twenty-first birthday, and has 
continued to reside therein up to the time ne makes application to be admitted 
a citizen, may, after he arrives at the age of twenty-one, and after he has 
resided five years within the United States, including the three years of his 
minority, be admitted a citizen; but he must make a declaration on oath and 
prove to the satisfaction of the court that for the two years next preceding it 
has been his bona-fide intention to become a citizen. 

CHILDREN OF NATURALIZED CITIZENS.— The children of per- 
sons who have been duly naturalized, being under twenty-one at the time of the 
naturalization of their parents, shall, if dwelling in the United States, be con- 
sidered as citizens 

CITIZENS' CHILDREN BORN ABROAD.— The children of persons 
who now are or have been citizens of the United States are considered as 
citizens, though they may be born out of the limits and jurisdiction of the 
United States. 

CHINESE. — The naturalization of Chinamen is prohibited by section 14, 
chapter 126, laws of 1882. 

i'ROTECTION OF NATURALIZED CITIZENS.— Section 2,000 of the 
Revised Statutes of the United States expressly declares that "all naturalized 
citizens of the United States while in foreign countries are entitled to and shall 
receive from this government the same protection of person and property 
which is accorded to native-born citizens." 

THE RIGHT OF SUFFRAGE.— The right to vote is conferred by the 
state, naturalization by the United States. In several states aliens who have 
declared their intentions enjoy the right to vote equally with naturalized or 
native-born citizens. But the federal naturalization laws apply to the whole 
union alike, and no alien may be naturalized until after five years' residence, 
except an honorably discharged soldier or a person whose parents have been 
naturalized while he was under twenty-one years of age, as above recited. 
Even after five years residence and due naturalization he is not entitled to vote 
unless the laws of the state confer the privilege upon him. ' 



134 LEGISLATIVE MANUAL, 



POSTAL INFORMATION. 

CLASSES QF MAIL MATTER. 

Domestic mail matter is divided into four classes : 

First Class — Letters, postal cards, and matter wholly or partly in writing,, 
whether sealed or unsealed (except manuscript copy accompanying proof -sheets 
or corrected proof-sheets of the same) and all matter sealed or otherwise 
closed against inspection. Rates of postage — ^Two cents per ounce or fraction 
thereof. Postal cards, one cent each. On "drop" letters two centB per ounce 
or fraction thereof, when mailed at letter carrier's office; and one cent per ounce 
or fraction thereof at other offices. 

Second Class — Newspapers and publications issued at stated intervals as 
often as four times a year, bearing- a date of issue and numbered consecutively^ 
issued from a known office of publication, and formed of printed sheets, with- 
out board, cloth, leather or other substantial binding. Such publications must 
be originated and published for the dissemination of information of a public 
character, or devoted to literature, the sciences, art, or some special industry. 
Thev must have a legitimate list of subscribers, and must not be designed 
primarily for advertising purposes, or for circulation free, or at nominal rates. 
Rate of postage — For publishers and news agents, one cent a pound or fraction" 
thereof. For others than publishers and news agents, one cent for each four 
ounces or fraction thereof. 

Third Class — Books, periodicals and matter wholly in print (not included in 
second class), proof-sheets, corrected proof-sheets and manuscript copy accom- 
panying the same. Rate of postage — One cent for each two ounces or fraction 
thereoiT 

Fourth class — Merchandise — namely, all matter not embraced in the other 
three classes, and which is not in its form or nature liable to destroy, deface or 
otherwise damage the contents of the mail bag, or harm the person of any one 
engaged in the postal service, and not above the weight provided by law. 
Rate of postage — One cent per ounce or fraction thereof, but on seeds, cuttings, 
roots, scions and plants, one cent for each two ounces or fraction thereof. 

LIMIT OF WEIGHT — A package must not exceed four pounds in weighty 
unless it be a single book. Second-class matter is not subject to the four 
pound limitation. 

PAYMENT OF POSTAGE.— On first-class matter the postage should be 
fully prepaid, but if two cents in stamps be affixed the matter will oe forwarded 
and remainder due collected of addressee before delivery. 

On second-class, third-class and fourth-class matter the postage must be 
fully prepaid, 

THE REGISTRY SYSTEM. 

All mail matter, including drop letters, may be registered; but not matter 
addressed to fictitious names, initials or box numbers, or bearing vague and 
indefinite addresses. 

The registry fee is eight cents in addition to postage. It must be prepaid 
by stamps affixed. 

The rates of postage to all foreign countries and colonies (except Canada 
and Mexico) are as follows ; 

Letters, 15 grams, (Vi ounce) 5 cents 

Postal cards, each 2 cents 

Double postal cards, each 4 cents 

Newspapers and other printed matter, per 2 ounces 1 cent 

Commercial papers: 

Packets not m excess of 10 ounces 5 cents 

Packets in excess of 10 ounces, for each 2 ounces or fraction 1 cent 
Samples of merchandise: 

Packets not in excess of 4 ounces 2 cents 

Packets in excess of 4 ounces, for each 2 oz. or fraction thereof.. 1 cent 
Registration f «e on letters or other articles ^ 8 cents 

Ordinary letters for any foreign country (except Canada and Mexico) must 
be forwarded whether any postage is prepaid on them or not. All other mail- 
able matter must be prepaid, at least, partially. 

CANADA AND MEXICO. 

Matter mailed m the United States addressed to Canada or Mexico is subject 
to the same postage rates and conditions as it would be if It were addressed for 
delivery in the United States. 



STATE OF NORTH DAKOTA. 



135 



STATE GOVERNMENTS. 
Alabama— Capital, Montgomery. 



Office. 



Governor 

Secretary of State. . . 

Auditor 

Treasurer 

Attorney General .... 

Chief Justice 

Supt. of Education . . 




Jos. F. Johnston . 
James K. Jackson 
Walter B. White. 
Geo. W. Ellis. .. 
Wm. C. Fitts.... 
R. C# Brickall . . . 
JohnO. Turner .. 



Term. 


Term began. 


Salary. 


2 years. 


Dec. 


1, 1896.. 


$ 3,C00 


2 years. 


Dec. 


1, 1896 . 


1,800 


2 years. 


Dec. 


1, 1896 . 


1,800 


2 years. 


Dec. 


1,1896. 


2,100 


2 years.. 


Dec. 


1,1896. 


2,500 


6 years. 


Nov. 


12, 1892. 


3,600 


2 years. 


Dec. 


1, 1896 . 


2,250 



Alaska Territory— Capital, Sitka. 



Office. 


Name. 


Term. 


Term Begtin. 


Salary. 


Governor 

Sec. of Territory 

Supt. Public Inst*n... 


James Sheakley. . 
Chap. D. Rog-ers. 
Sheldon Jackson. 


4 years. 
4 years. 
Ualt'd . 


Sept. 2, 1893. 
Jan. 31, 1894. . 
April 11, 1895. 


$3,000 
2,500 
1,290 



Arkansas — Capital, Little Rock. 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 

Secretary of Stat e . . . 
t Auditor 


Dan'l W.Jones.. 

A.C.Hull 

Clay Sloan 

Ransom GuUey , . 
E. B.Kinsworthy 
Henry G. Bunn.. 

J. F. Ritchie 

Junius Jordan 

W. G. Vincenh'Ier 


2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
8 Years. 
2 years. 
2 years. 
2 5 ears. 


January, 1897 . 
January, 1897 . 
January, 1897 . 
January, 1897 . 
January, 1897 . 
January, 1897 . 
January, 1897 
J.inuary, 1897. 
Januarv, 1897 


* $3,000 
1,800 
2,250 


Treasurer 

Attorney General. ... 

Chief Justice 

Land Commissioner . 
Supt. Public Inst'n. . . 
Com'r Agriculture. . . 


2,250 
'3,606 

■ • • ■ • • 

1,600 



♦$500 for rent of house, t Also Insurance Commissioner. 



Arizona — Capital, Phoenix. 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 


Benj J. Franklin. 
Chas. M. Bruce.. 

C.P. Leitsh 

P.J.Cole 

A C.Baker 

F. J. Nitherton... 


4 years. 
4 years. 
2 years. 
2 years. 
4 years. 
2 years. 


1893 

Mar. 31, 1896. 

1895 

1895 

1893 

1895 


$ 2.600 


Secretary of Tcrrit'ry 

Auditor 

Treasurer 

Chief luslice 

Supt. Publiclnst'n .. 


1,800 
1.800 

"1,666 
3,000 



136 



LEGISLATIVE MANUAL, 



California— Capital, Sacramento. 



Office. 



Governor 

I-ieut. Governor. ... 
Secretary of State ., 

Controller 

Treasurer 

Attorney General . .' ', 
Chief Justice , 



Name. 


Term. 


Term Began. 


Salary. 


James H. Budd . , 


4 years. 


January, 1885. 


$ 6,0C0 


Wm. T.Jeter .... 


2 years. 


January, 1897. 


* 


L. H. Brown .... 


4 years. 


January, 1895. 


8,000 


E. P. Colgan 


4 years. 


January, 1895. 


8,000 


Levi Radcliffe . . . 


4 years. 


January, 1895. 


8,000 


V r, F. Fitzgerald. 
W. H. Beatiy.... 


4 Vc<^!S* 


January, 1895. 


3*000 


12 yrs.. 


Jan. tt, 1891. 


6.000 



♦ 10 per diem as president of the state senate dAring legislative session. 

Colorado — Capital, Denver. 



Office. 



Governor 

Lieut. Governor....*] 

Secretary of State 

Attorney General .... 

Auditor 

Treasurer 

Chief Justice !.' 

Supt. of Public Inst'n 



Alva Adams 

Jared L. Brush . . . 
C. H. S. Whipple 
Byron L. Carr.. . 
J. W. Lowell .... 
Geo. W. Kephart 
Chas. D. Hayt. .. 
Grace E. Patton . 



Term. 


2 


years. 


2 


years. 


2 


years. 


2 


years. 


2 


years. 


2 


years. 


8 


years. 


2 


years. 



Salary. 



January, 1897. 
January, 1897. 
January, 1897. 
January, 1897. 
January, 1897. 
January, 1897. 
January, 1889. 
January, 1897. 



5.000 
1.000 
3,000 
3,000 
2.500 
6,000 
5.000 
8,000 



Connecticut — Capital, Hartford. 



Office. 



Governor 

Lieut. Governor. . 
Secretary of State 
Controller. ..',.... 

Treasurer 

Chief Justice 



Name. 



Lorrin A. Cooke. 
James D. Dewell. 
•Charles Phelps.. . 
Ben j. P. Mead . . , 
C. W. Grosvenor 
Chas. B. Andrews 





rerm. 


2 


years. 


2 


years. 


2 


years. 


2 


years. 


2 


>ears. 


8 


years. 



Term Began. 



January, 1897. 
January, 1897. 
January, 1897. 
January, 1897 . 
January, 1897. 
1889 



Salary. 



$ 



4,000. 
500 
1,500 
1,500 
1,500 
5,500 



Delaware— Capital, Dover. 



Office. 



Governor 

Secretary of State . . 

Auditor 

Treasurer 

Adjutant General. 

Chief Justice , 

Attorney General . . . 
Chancellor 



Name. 


Term. 


Ebe W.Jumell... 


4 years. 


J. H.Whiteman.. 


4 years. 


Dr. B. R. Lewis . 


2 years. 


C. H. Adkins .... 


2 years. 


Garrett A. Hart.. 




Chas. B. Lore 


Life. 


♦Robt. C.White. 


5 years. 


J. R. Nicholson.. 


Life. 



Term Began. 



January, 1897. 
January, 1897. 

t 

t 

t 

Nov.* 1895!.*! 



Salary. 



$ 



2,500 
1,000 

500 
2,000 

400 
8,000 
2,000 
8,t00 



» To fill vacancy, t Legislature elects. $ Appointed by the governor. 



STATE OF NORTH DAKOTA. 



137 



Florida— Capital, Tallahassee. 



Office 



Governor 

■Secretary of St ite . . . 

Controller 

Treasurer 

Attorney General .... 

Chief Justice 

Supt. Public Inst'n. . 
Com'r Agriculture . . 



N"aine. 



\Vm. D. Bloxatn 

J. L. Crawford . 

W, H. Reynolds 

C. B. Collins 

Wm. B. Lamat . 
M. H. Mabry . . . 
Win. N. Sheats. 
L. B. Wombwell 



Term. 



4 years. 
■4 >ears. 
4 years. 
4 years. 
4 years. 
4 years. 
4 years. 
4 years. 



Term Bejjan. 


Salary. 


Jan. 5, 189;. . 


$ 8,500 


Jan. 5,1897... 


1,500 


Jan. 6,1897... 


2,000 


Jan. 5,1897... 


2,000 


Jan. 5,1897... 


1,500 


Jan, 5,1897... 


8,000 


Jan. 5,1897... 


1,500 


Jan. 5, 1897... 


1,500 



Georgia— Capital, Atlanta. 



Office-. 



•Governor 

Secretary of State... 
Controller General .. 
Attorney General .... 

Treasurer 

Chief Justice 

Com'r of Agric*lt're. 



Name. 



Wm. Y. Atkinson 
Allen D. Candler. 
Wm. A. Wrisrht. 
Jos. M. Terrell .. 
Wm. J. Speer ... 
Thos. J. Simmons 
Robt. T. Nesbitt. 



Terra. 



2 years. 
2 years. 
2 years. 
2 years. 
2 years . 
6 years. 
2 years. 



Term Began. 



Nov. 

Nov. 

Nov. 

Nov. 

Nov. 

Jan. 

Nov. 



1,1896. 
1,1896. 
1,1896. 
1. 1896. 
1,1896. 
1, 1893. 
1, 1896. 



Salary. 



$ 8,000 
2,W>0 
2,000 
2,000 
2,000 
8,000 
2,1000 



Idaho — Capital, Boise City. 



Office. 



Governor 

Lieut. Governor 

Secretary of State. . . 

State Enerineer 

Auditor 

Treasurer 

Attorney General 

Chief Justice 

Supt. Public Insi'n.. 



Name. 



F, Steunenberg . . 
Geo. F. Moore .. 
Geo. J. Lewis. .. 

F.J. Mills 

Jas. H, Anderson 
Geo. H Storer .. 
R. E, McFarland 
I, N. Sullivan . .. 
L. N . B. An'ers'n 



Term. 



2 years . 
2 \ears. 
2 years . 
2 years. 
2 years . 
2 years. 
2 years. 
6 years. 
2 years. 



January, 
January, 
January, 
M arch, 
January, 
January, 
January, 
January, 
January, 



egan. 


Salary. 


1897. 


$ 3,000 


1897. 


* 


1897. 


1,800 


1895. 


2,0U0 


1897. 


1,800 


1897. 


2.000 


1897. 




Ib93. 


8,000 


1897. 


1,500 



*$7.50 per diem during session of legislature. 

• Illinois, Capital, Springfield. 

Office. 



Governor 

Lieut. Governor.... 
Secretary of State . . . 

Auditor 

Treasurer 

A ttorney General . . . 

Chief Justice 

Supt. Public Inst*n , 



Name. 


Term. 


John R. Tanner.. 


4 years. 


Wm. A Northcott 


4 years . 


James A. Rose. .. 


4 years. 


J.S. McCuUough. 


4 years . 


Henry L. Hertz. . 
Edwd. C. Aikin. 


2 years . 


4 years. 


B, D. Magruder. 


9 years. 


S. M. Ingliss 


4 years. 



Term Began. 


Salary. 


January, 1897. 
January, 1897 . 
January, 1897, 
January, 1997 . 
January, 1897. 
January, 1897 


$ 6,000 
1,000 
3.500 
3,500 
3,500 

4,666 


January, 1895. 


3.500 



138 



LIGISLATIVE MANUAL, 



Indiana— Capital, Indianapolis. 



Office. 



Governor 

Lieut. Governor 

Secretary of State . . . 
Attorney General .... 

Auditor 

Treasurer 

Supt. Public Inst'n. . . 



Name. 



James A. Mount. 
W. S. Hasrprart. . 
W.D. Owen .... 
W. A. Ketcham. 

A. C. Dailv 

F.J. Scholz 

D. M. Geetingr. ., 



Term. 



4 years. 
4 years . 
2 years. 
2 years . 
2 years . 
2 years. 
2 years. 



Term Be^n. 



January, 
January, 
January, 
January, 
January; 
January, 



1897. 

1897. 
1897. 
189^. 
1897. 
1897. 
January, 1897. 



Salary. 



$ 



5,000 
l.OOO 
6,500 
2,500 
7,500 
3,000 
2.500 



Indian Territory — Capital, Tahlequah. 



Office. 



Governor 

Lieut. Governor 

Sec'v of Territory .... 

Auditor 

Treasurer 

Adjutant General.. . . 

Chief Justice 

Supt. Public Inst'n .. 



Name. 



Samuel H. Mayes 
Wash Swinnir. .. 

C. H. Harris 

J. C. Dunnenberg- 

D. W. Lipe 

R. F. Wyly 

C. L. Lynch 

Lee Paden 



Term. 


Term 


Heran . 


Salary. 


4 years. 


Nov. 


1895 ... 


$ 1,500 


4 years. 


Nov. 


1895 . . . 


1,000 


4 years. 


Nor. 


1895 . . . 


1,000 


2 years. 


Nov. 


1895 . 


500 


4 years. 


Nov. 


1895 ... 


1.0 JO 


4 years. 


Nov. 


1895 ... 


1,000 


8 years 


Nov. 


1895 ... 


600 


3 years. 


Nov. 


1896 ... 


600 



Iowa— Capital, Des Moines. 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 


F. M. Drake 

Matt Parrott 

G. L. Dobson ... 
C. G. McCarthy.. 

John Herriott 

Milton Remley. .. 
Scott M. Ladd... 


2 years. 
2 years . 
2 years. 
2 years. 
2 years. 
2 years . 
6 years. 


January, 1896 
January, 1896 
January, 1897 
January, 1897 
January, 1897 
January, 1897 
Januarj, 1897 


$ 3.00O 


i^ieut. Governor 

Secretary of State 

Auditor 


2,200 
2,200 


Treasurer 


2,200 


Attorney General 

Chief Justice 


* 1,500 
4,000 



* And $5 per day when in court, a Allowance for session of legislature. 

Kansas— Capital, Topeka. 



Office. 



Governor 

Lieut. Governor 

Secretary of State... 

Auditor 

Treasurer 

Attorney General .... 

Chief Justiee 

Supt. Public Instr'n. . 



Name. 



John W. Leedy.. 
H. M. Harvey... 

W. E. Bush 

W. H. Morris. .. 
D.H. Hcblebower 

S. M. Fox 

Frank Doster.... 
Wm. Stryker.... 



Term. 



2 years. 
2 years . 
2 years. 
2 years. 
2 years . 
2 years. 
4 years. 
2 years. 



Term Began, 



January, 
January, 
January, 
January, 
January, 
January, 
Jan. 14, 
January, 



Salary. 



1897 


$ 3,000 


1897 


l,00l> 


1897 


2.5'jO 


1897 


2,5CO 


1897 


2,500 


1897 


2,500 


1896 


3,000 


1897 


2.000 



STATE OF NORTH DAKOTA. 



139 



Kentucky— Capital, Frankfort. 



Office. 


Name, 


Term. 


Term Beg^an. 


Salary. 


Governor 

Lieut. Governor 

Seaetary of State. .. 

Auditor 

Treasurer 


W. O. Bradley. . 
W.S.Worthinffton 
Charles Finley . . . 

S. H.Stone 

Geo. W. L.ong... 
W. S. Taylor.... 
W.J. Davidson.. 


4 years. 
4 years. 
4 years. 
4 years. 
4 years. 
4 years. 
4 years. 


Dec. 10, 1895. 
Dec. 10, 1895. 
Dec. 10, 1895. 
Dec. 10, 1895. 
Dec. 10, 1895. 
Dec. 10, 1895. 
Dec. 10, 1895. 


$ 5,000 

* 

2.700 
8,400 
8,600 


Attorney General .... 
Supt. Publiclnst'n.. 


t 500 
2,500 



*Ten dollars per day while leg-islature is in session, f And fees. 

Louisiana— Capital, Baton Rouge. 



Office. 



Governor 

Lieut . Governor 

Secretary of State. .. 

Auditor 

Treasurer 

Attorney General .... 
Comm'r Agrriculture. 

Chief Justice .. 

Supt. Publiclnst'n.. 



Name. 



Murphv J. Foster 
Robi. H. Snyder. 
John H. Michel 
W. W.Heard.... 
Alex. V. Foumet 
M. J. Cunnmgham 

I. G. Lee 

F. T. Nicholls... 
J. V.Calhoun.... 



Term. 


Term Began. 


Salary. 


4 years. 


Apr. 21, 1896. 


$ 4.00O 


4 years. 


Apr. 21, 1896. 


None 


4 years. 


Apr. 21, 1896. 


1.800 


4 years. 


Apr. 21, 1898. 


2,500 


4 years . 


Apr. 21, 1896 


2,000 


4 years . 


Apr. 21, 1896. 


8.000 


4 years. 


Apr. 21, 1896. 


2,500 


12 yrs.. 


May 27, 1302. 


5,000 


4 years. 


Apr. 21. 1896. 


2,000 



Maine — Capital, Augusta. 



Office. 



Governor 

Secretary of State... 

Treasurer 

Attorney General .... 

Chief Justice *.. 

Supl. Public Inst'n.. 
Insurance Comm'r. .. 



Name. 



Llewellyn Powers 

Byron Boyd 

F. M. Simpson... 
F. A. Powers.... 
John A. Peters... 
W. W. Stetson.. . . 
Stephen W.Carr. 



Term. 



years, 
years, 
yerrs. 
years, 
years, 
years, 
years. 



Term Beg:an. 


Salary. 


Jan. 1897 ... 


$ 2,000 


an. 1897 


1,500 


an. 1897.... 


2,000 


an . 1897 .... 


2,030 


Sept. 19. 1890. 


3,500 


Jan. 23, 1896. 


1,500 


Dec. 28, 1896. 


1,500 



Maryland— Capital, Annapolis. 



Office. 



Governor 

Secretary of State . . , 

Controller , 

Attorney General . . . . 

Treasurer , 

Chief Justice 

Insurance Comm'r. ., 



Name. 



I^loyd Lowndes.. 
Richard Dallam . . 
Robt. P. Graham. 
H. M. Clabaugh. 
Thos. J.Shyrock. 
James McSherry. 
J. Albert Kurtz.. 



Term. 



4 years. 
4 years. 
2 years. 
4 years. 
2 years. 
15 yrs . . 
4 years. 



Term Began. 



Jan. 1896 ... 
Jan. 1896.... 
Jan. 1896.... 
Jan. 1896.... 
Feb. 1896 ... 

Mar.*"l896..!! 



Salary. 



$ 



4,500 
2.00O 
2,500 
2,000 
2,500 
4,500 
2,500 



140 



LEGISLATIVE MANUAL, 



Massachusetts — Capital, Boston. 



Office. 


Name. 


Term. 


Term Beg-an. 

• 


Salary 


Governor 

Lieut. Governor 

Secretary of State. .. 
Attorney General . . . 

Auditor 

Treasurei 


Roger Wolcott... 
W.Murray Crane. 
Wm. M. Olin... 
H. W.Knowlton. 
John W. Kimball 
Edward P. Shaw. 
W. A. Field 


lyear., 
1 year . . 
lyear.. 
1 year,. . 
lyear.. 
lyear.. 
Life. . . . 


1 Wed. Jan.'97 
1 Wed. Jan. '97 
1 Wed.Jan.'97 
1 Wed. Jan.'97 
1 Wed. Jan.'97 
1 Wed. Jan .'97 


$ 8,000 
2,000 
8,500 

"8,560 
5.000 


Chief JusUce 


8.000 



Michigan — Capital, Lansing. 



* $8 pe^day during^ leg-islaturot 

« Minnesota — Capital, St. Paul. 



Office.' 



Governor 

Lieut. Governor.... 
Secretary of State., 

Treasurer 

Attorney General . . , 

Chief Justice 

Supt. uf Education 



Name. 



David M. Clougrh 
John L. Gibbs. .. 
Albert Berg. . . . 
Aujf. T. Koerner. 
Henry W. Childs 
Charles M. Start. 
W.W.Pendergast 



Term. 



2 years. 
2 years. 
2 years. 
2 years . 
2 years. 
6 years. 
2 years . 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


■Governor 

Lieut. Governor 

Secretary of State. .. 
Auditor General ... 

Treasurer 

Attorney General .... 
Supt. Public Inst'n. . . 
Land Commissioner. 


Hazen S. Pinuree 
Thos. B. Dunstoa 
Wash'n Gardner. 
Roscoe D. Dix. .. 
George A. Steel . . 
Fred A. Maynard 
J. E. Hammond. 
Wm. A. French.. 


2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 


Jan. 1897... 
Jan. 1897... 
Jan. 1897... 
Jan. 1897..., 
Jan. 1897... 
Jan. 1897... 
Jan. 1, 1897. 
Jan. 1897... 




$ 4.000 

800 
3,000 

800 
1,000 
1,000 



Term Began. 


Salary. 


Jan. 1897.... 


$ 5,000 


Jan. 1897.... 


* 


Jan. 7, 1897.. 


8,500 


Jan. 7, 1897.. 


8,500 


Jan. 7, 1897.. 


3,500 


Jan. 1, 1897.. 


5,000 


Jan. 1897 .. 


2.500 



* $10 per day during session of legislature. 

Mississippi — Capital, Jackson. 



Office. 



Governor 

Lieut. Grovernor 

Secretary of State. . . . 

Auditor 

Treasurer 

Attorney General .... 

Chief Justice 

Supt. Public Inst'n., 
Land Commissioner. 
Railroad Commissioners: J 

* Per day. 



Name. 



A. 

J. 

J. 
W 

A. 

W 

T. 

A. 

J. 



J. McLaurin 

H. Jones 

L. Power. .. 
. D. Holder. 

Q. May... 
iley N. Nash 

E. Cooper,. 

A. Kincannon 
M. Simonlon.. 
. D. Mclnnis, M 



Term. 


4 years. 


4 .years. 


4 years. 


4 years. 


4 years . 


4 years. 


9 years. 


4 years . 


4 years. 



Tern^ 


I Began. 


Jan, 


1896.... 


Jan. 


1896,... 


Jan. 


1896.... 


Jan. 


1896.... 


Jan. 


1896.... 


Jan. 


1896.... 


1890. 
Jan. 




1896... 


Jan. 


1896 ... 



M. Evans, j. J. Evans. 



Salary. 



$ 3,500 
* 6 
2,000 
2.500 
2,500 

3,500 
2,000 



STATE OF NORTH DAKOTA. 



141 



Missouri — Capital, Jefiferson City. 



Office. 



Governor 

Lieut. Governor 

Secretary of State,.. 

Auditor 

Treasurer 

Chief Justice 

Supt. Public Schools. 
Labor Commissioner. 
Attorney General .... 



Name. 


Term. 


Lon V. Stephens. 


4 years. 


Augustus H.Bolte 


4 yearb. 


A. A. Lesueur.. 


4 years. 


J. M.Seibert.... 
Frank L. Pitts... 


4 years. 


4 years. 


Shepard Barclay. 


10 yrs.. 


John R. Kirk.... 


4 years. 


Lee Meriwether.. 


Governor 


Ed. C. Crow.... 


4 years. ' 



Term Be^sai. 



Tan. 1897... 
Jan. 1897... 
Jan. 1897... 
Jan. 1897... 
Jan. 1897... 
Jan. 1, 1889. 
Jan. 1895... 

apBoints 

Jan. 1897... 



Salary. 



$ 5,000 
* 1.000 
8,000 
8,000 
8,000 
4,50O> 
3,000 
2,000 
»,000 



* $7 per diem during the session of legislature! 

Montana — Capital, Helena. 



Office. 



Governor 

Lieut. Governor 

Secretary of State. .^ 
Auditor and Ins.Com. 

Treasurer 

Attorney General .... 

Chief Justice 

Supt. Public Inst'n.. 



Name. 



Robt. B. Smith.. 
A. E. Spriggs... 

T. S. Hogan 

T.W. P'dexter,jr. 
Timothy E. Collins 
C. B. Nolan. ... 
W. Y. Pemberton 
E. A. Carleton.. 



Term. 



4 years. 
4 years. 
4 years. 
4 years. 
4 years. 
4 years. 
6 years. 
4 years. 



Term Began. 


Jan. 


1897.... 


Jan. 


1897.... 


Jan. 


1897... 


Jan. 


1897.... 


Jan. 


1897 .... 


Jan. 


1897.... 


Jan. 


1897 ... . 


Jan. 


1897.... 



Salary. 



$ 5,000 
10 day 
8,000 
8,000 
8,000 
8,000 
4,000 
2,50a 



Nebraska — Capital, Lincoln. 



Office. 


Name. 


Term. 


Term Beg;in. 


Salary^ 


Governor...; 

Lieut-Governor .'.... 
Secretary of State . . . 
Attorney General . . . 

Auditor 

Treasurer 

Land Commissioner. 
Supt. Public Insl'n.. 


S. A. Ilolcomb . . . 
James E. Harris . 
William F. Porter 

C. J. Smyth 

John F. Cornell.. 

John B. Meserve. 

Jacob V. Wolfe.. 

Wm. R.Jackson. 


2 years 
2 years 
2 years 
2 years 
2 years 
2 years 
2 years 
2 years 


Jan., 1897 

Jan., 1897 

Jan., 1897 

Jan., 1897 

Jan., 1897 

Jan., 1897.. .. 
Jan., 1897 .... 
Jan., 1897 


$ 2,500 

* 

2,000 
2,000 
2,500 
2,500 

'"2,660 



♦ $5 per day, session of legislature. 



Nevada— Capital, Carson City. 



Office. 


Name. 


Term. 


Term Began. 


Salary.. 


Governor 

Lieut. Governor 

Secretary of State .... 

Controller 

Treasurer 


Reinhold Sadler . 
C. H. E. Hardin . 
Eugene Howell . . 
C. A. LaGrave. .. 
W. J. Westerfield 
Robert M. Keatty 
H. C. Cutting.... 


4 years 
4 years 
4 years 
4 years 
4 years 
4 years 
4 years 


t 

Jan. 8. 1895... 
Jan. 8,1895... 
Jan. 8, 1895... 
Jan. 8,1895. .. 

Jan., 1895 

Jan. 8, 1895... 


$4,000 

2,400 
2,400 
2.400 


Chief Justice 

Supt. Public Inst'n.. 


2,000 
1,000 



* Per diem and mileage, f Vice John E. Jones, deceased. 



142 



LEGISLATIVE MANUAL, 



New Hampshire — Capital, Concord. 



Office. 



Governor 

Secretary of State . . . 
Attorney General .... 

Treasurer 

Chief Justice 

Insurance Commiss'r 
Supt. Public Inst'n .. 



Name. 



Geo. A. Ramsdell 
Ezra S. Stearns.. 
Ed. G. Eastman . 
Solon A. Carter . . 
Al'zo P. Carpe'ter 
J. C. I.inehan .... 
Fred'k Gowing.. 



Term. 



2 years 
2 years 
5 years 
2 years 

8 years 
2 years 



Term Beg-an. 



Jan., 1897 ... 
Jan., 1897 ... 
April, 1892. . 
Jan., 1897 ... 
April 1, 1896 
Oct., 1896.. 
Feb., 1895 . 



♦And fees. 



New Jersey — Capital, Trenton. 



New Mexico — Capital, Santa Fe. 



♦And fees. 



New York— Capital, Albany. 



Salary. 



$ 2.000 
•800 
2,500 
1,800 
3,500 
2,000 
2,500 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 

Secretary of State 

Controller 

Treasnrer 

Chancellor 

Chief Justice 

Supt. Public Inst'n .. 


John W. Griggs. . 
Henry C. Kelsey. 
Wm. S. Hancock 
George B. Swain 
Alex. T. McGill. 
Mercer Beasley.. 
A. B. Poland.... 


8 years 
5 years 
3 years 
8 years 
7 years 
7 years 
3 years 


Jan. 21, 1896.. 
April 1, 1892. 
April 2, 1894. 
April 2, 1894. 
May 1,1894.. 
Mar. 8, 1892.. 
Mar. 1,1895.. 


$10,000 
6,000 
6,000 
6,000 
10,000 
10, 00 
8,000 



Office. 


Name. 


Term. 


Term Begins. 


Salary. 


Governor 


W. T. Thornton . 
Lorion Miller.... 
Marcelius Garcia. 

S. Eldodt 

Amado Chavez.. 
Thomas Smith.. . 


4 years 
4 years 
2 years 
2 years 
2 years 
4 years 


April 12, 1893 
Sept. 9, 1893 . 
Feb. 1895.... 
Feb. 1895.... 
Feb. 1895 .... 
1894 


1 2,000 
♦1,800 
2,000 
2,000 
2,000 
8,000 


Secretary of State . . . 

Auditor 

Treasurer 

Supt. Public Inst'n .. 
Chief Justice 









Office. 



Governor 

I.ieut. Governor 

Secretary of State . . . 

Controller 

State Engineer 

Attorney General .... 

Treasurer 

Adjutant General .... 
Supt. Public Inst'n.. 
Insurance Comm'r. .. 



Name. 


Term. 


Term Began. 


Salary. 


Frank S. Black .. 


2 years 


Jan. 1, 1897... 


$10,000 


T.L.Woodruff.. 


2 years 


Jan. 1, 1897... 


5,000 


John Palmer 

Jas. A. Roberts.. 


3 years 


Jan. 1,1896... 


5,000 


8 years 


Jan, 1,1896 .. 


6.000 


C. W. Adams.... 


3 years 


Jan. 1, 1896 .. 


5.000 


Theo. E. Hancock 


8 years 


Jan. 1, 1896 .. 
Jan. 1,1896.. 


5,000 


Addis'n B. Colvin 


8 years 


5,000 


E. A. McAIpin . 


2 years 


Jan. 1,1895.. 


4,000 


Chas. R. Skinner 


3 years 


April 7, 1895 . 


5000 


James F. Pierce. 


8 years 


Feb. 11, 1894. 


7.000 



ST.4TE OP NORTH DAKOTA. 



143 



North Carolina — Capital, Raleigh. 



Offiee. 



Governor 

Lieut. Governor 

Secretary of State .^. . 

Auditor.'. ,*. . 

Treasurer 

Chief Justce 

Supt. of Public Inst'n 



Name. 



Dan'lL. Russell. 
Chas . Reynolds . 

J. R, Henderson. 

wVT.Faircloth". 



Term, 



4 years. 
4 yerrs. 
4 years . 
4 years. 
4 years. 
8 years. 
4 years. 



Term Began. 



Jan. 1,1897. 
Jan. 1,1897. 
Sept. 1897.. 
Jan. 1, 1897. 
Jan. 1, 1897. 
Jan., 1895... 
Jan. 1,1897. 



Salary, 



$ 3,000 

t2.000 
1,500 
3,000 
2,500 
1,500 



*6 per day as president of senate, t Appointed to fill vacancy. 

North Dakota — Capital, Bismarck. 



OflF.ce. 



Governor 

Lieut. Governor .... 
Secretary of State . . . 
Attorney General .... 

Auditor 

Treasurer 

Chief Justice 

Supt. Public Inst'n . . 

Insurance Com 

Com. of Agriculture. 



Name. 



Frank A. Briggs 

J. M. Devine 

Fred Falley 

John F. Cowan . . 
N. B. Hannum .. 
Geo. E. Nichols . . 
J.M. Barlholom'w 
J. G. Halland..., 
F. B.Fancher ... 
H. U. Thomas... 



Term. 



2 years, 
2 years. 
2 years. 
2 years . 
2 years. 
2 years. 
6 years. 
2 years. 
2 years. 
2 years. 



Term Began. 


Salary. 


Jan. 


1,1897 . 


$ 3,000 


Jan. 


1,1897.. 


1,000 


Jan. 


1,1897:. 


2,0(iO 


Jan. 


1, 1898. . 


2.000 


Jan. 


1,1897.. 


2,000 


Jan. 


1,1897.. 


2,000 


Dec. 


4,1894.. 


4,000 


Jan. 


1,1897.. 


2.000 


Jan. 


1,1897.. 


2,000 


Jan. 


1,1897.. 


2.000 



Commissioners of Railroads— Geo. H. Keyes, L. L. Walton, J. R. Gib- 
son . January, 1897 . 

Ohio — Capital, Columbus. 



Office. 



Governor 

Lieut. Governor 

Secretary of State .... 

Auditor 

Treasurer 

Attorney General .... 

Chief Justice 

Supt. of Public Inst'n 
Insurance Comm'r. .. 



Name, 



Asa S Bu<ihnell. . 
A . W . Jones . . . . 
Chas. Kinney .. 
W. J. Guilbert. . . 
S. B. Campbell... 

F. S. Monett 

J. F.Burkett 

O. T . Corson . . . . 
W. S. Matthews, 



Term. 



2 years. 
2 years . 
2 years . 
4 years. 
2 years . 

2 years. 
6 years 

3 years. 
3 years . 



Term Began. 



2 Mo. Jan. '96 
2 Mo. Jan. '96 
January, 1897. 
2 Mo. Jan. '96 
2 Mo. Jan. '96 
2 Mo. Jan. '96 
Feb., 1893. . . 
July, 1895 .... 
June, 1896.... 



Salary. 



$ 



8,000 
800 
4,000 
4.500 
3,500 
2.000 
4,000 
2.000 
4,000 



Oklahoma — Capital, Guthrie. 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor ..,, 


VV. C. Renfrow.. 
Thos. J. Lowe. .. 
E. D. Cameron.. 
M. L. Turner.... 
Frank Dale 


4 years. 
4 years. 
2 years. 
2 years. 
4 years. 


May 6, 1898.. 
Sept. 2. 1893. 
Feb. 21, 1895. 
Jan. 20, 1894. 
Sept. 12, 1893. 


$ 2,600 


Secretary of Territory 
Auditor 


1.80() 
2,000 


Treasurer 

Chief Justice...^.... 


1,500 
8,000 



144 



LEGISLATIVE MANUAL, 



Oregon — Capital, Salem. 



Office. 



Governor 

Secretary of State... 

Treasurer 

Attorney General .... 

Chief Justice 

Supt. Public Inst'n.. 



Name. 



W. P. Lord 

H. R. Kincaid. .. 
Phil. Metschan.. 
C. M. IdUman... 

R. S. Bean 

G, M. Irwin 



Term. 



4 years. 
4 years. 
4 years. 
4 years. 
6 years. 
4 ysars . 



Term Beg^n. 



Jan., 1895.... 
Jan. 14, 1895. 
Jan. 14, 1895. 
Jan: 14, 1895. 

uly, 1896.... 

an. 14, 1895. 



] 



Salary.. 



$ 1.500 
1,500 

8oa 
"2;666 

1,800- 



Pennsylvania — Capital, Harrisburg. 



Office. 



Governor 

Lieut. Governor 

Sec'y of Com'wealth. 
Sec'y of Int. Affairs. 

Auditor General 

Treasurer 

Chief Justice 

Supt. Public Inst'n.. 
Insurance Comm'r. .. 



Name. 



D. H. Hastings.. 

Walter Lyon 

Frank Reeder .... 
James W. Latta. 
Amos H. Mylin. 
B. J. Havwood.. 
Jas. P. Sterrett.. 
N. C. SchaefEer.. 
Jas. H. Lambert. 



Term. 


4 years. 
4 years. 

• ••• •••• 

4 years. 
4 years. 
2 years. 
21 yrs.. 
4 years. 
4 years. 



Term Bej^^an. 



8Tu. Jan. '95 
3Tu. Jan. '95 

May 18, 1895". 
May 18, 1895. 
May 4, 1896.. 

Jan. 1878 

1893 

Jan. 1895 



* And fees. 



Rhode Island — Capital, Providence. 



Salary. 



$10,000 
5,500 

* 5,700 

* 3,500 

* 4,200 
7,4«0 
8.500 
4,000 

♦3,000 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 


Chas.W. Lippitt. 
Edwin R.Allen.. 
C. P. Bennett... 
Edwd. C. Dubois 

Samuel Clark 

Elisna Dver 

Charles Matteson 


1 year.. 
1 year . . 
1 year.. 
1 year.. 
1 year. . 
5 years . 
Life. 


May 26, 1896. 
May 2\ 1896. 
May 26, lh96. 
May 26, 1896. 
May 26, 1896. 
Feb. 7, 1892. 
April 17, 1891 


$ 300O 


Lieut. Governor 

Secretary of State . . . 
A ttorney General .... 
Treasurer 


500 
3,500 
2,500 
2,500 


Adjutant General .... 
Chief Justice 


1.200 
5,500 



South Carolina — Capital, Columbia. 



Office. 



Governor 

Lieut. Governor .... 
Secretary of State ... 
Controller General . . 
Attorney General .... 

Treasurer 

Chief Justice 

Supt. of Public Inst'n 
Adjutant General. . .. 



Name. 


Term. 


W. H. EUerbe. .. 


2 years. 


M. B. McSweeney 


2 years . 


D. H. Tompkins 


2 years. 


James Norton .... 


2 years. 


Wm. A. Barber.. 


2 years. 


W. H. Timm'rm'n 


2 years . 


Henry Mclver. . . 


6 years. 


W. D. Mayfield.. 


2 years. 


J. G. Waits 


2 years. 



Term Began. 



Dec. 4, 1896.. 
Dec. 4. 18^6.. 
Dec. 4. 1896.. 
Dec. 4, 1896.. 
Dec. 4, 1886.. 
Dec. 4, 1896.. 

1892 

Dec. 4.1896.. 
Dec, 1896.... 



Salary^ 



$ 



3,500 
1,950 
1,950 
1.950 
2,100 
1.950 
3,500 
1.900 
l.^OO 



♦10 per day during session of legislature. 



STATE OF NORTH DAKOTA. 



U5 



South Dakota — Capital, Pierre. 



Office. 


Name, 


Terra. 


Term Beg-an, 


Salary. 


Governor 

Lieut. Governor 

Secretary of State. .. 

Attorney General 

Auditor 


A. O. Ringferud. . 
D. T. Hindman. . 
W.H. Roddler .. 

S. V.Jones, 

H. E. Mayhew. . . 
K. G. Phillips. .. 
Dijihton Corson . 

Frank Crane 

J. T. Lockhart... 


2 years. 
2 years. 
2 years. 
2 years . 
2 years. 
2 years. 
6 years. 
2 years. 
2 years. 


January, 1897. 
January, 1897 . 
January, 1897. 
January, 1897. 
January, 1897. 
January, 1897. 
January, 1894. 
January, 1897 . 
January, 1897. 


$2,500 

1.800 
1,000 
1,800 
1,800 


Treasurer 


Chief Justice 

Supt. Public Inst'n.. 
Land Com'r 


2,500 
1,800 



Tennessee— Capital, Nashville. 



Texas — Capital, Austin. 



Office. 


Name. 


Term. 


Term Beg^an. 


Salary. 


Governor 

Secretary of State... 

Controller 

Treas. & Ins. Com'r. 
Supt. Public Inst'n.. 
Chief Justice 


Robt. L. Taylor. 
W. S. Morgran .. 

J. A. Harris 

E. B. Craigr 

S. G. Gilbraith.. 
D. A. Snod^rass. 


2 years. 
4 years. 
2 years. 
2 years. 
2 years. 
8 years. 


January, 1897. 
Feb. 16, 1893. 
Feb. 1,1895.. 
Feb. 1, 1895.. 
Mar. 1, 1895. 
Sept. 1,1894.. 


$ 4.ooa 

8.000 
8,500 
3,500 
2,000 
8,000 



Office. 



Governor 

Lieut. Governor 

Attorney General . . . 

Controller 

Land Comiiiissioner. 

Chief Justice 

Supt. Public Inst'n.. 
Treasurer 



Name, 



Chas. A.Culberson 
Geo. T. Jester... 
M. M. Crane.... 
R. W. Finley... 

A. J. Baker 

R. R. Games.... 

J. M Carlisle 

W. B. Wortham. 



Term. 



2 years . 
2 years. 
2 years . 
2 years. 
2 years. 
6 years . 
2 years . 
2 years . 



Term Began, 



January, 1897. 
January, 1897. 
January, 1897. 
January, 1897. 
January, 1897. 
2 Tu. Jan. '94. 
January, 1895. 
January, 1895. 



Salary. 



$ 4,000 

4,000 
2.500 
2,P00 
4,000 
2,500 
, 2,500 



* $5 per diem during session legislature. 

Utah — Capital, Salt Lake City. 



Office. 


Name. 


Term. 


Term Began. 


Salary, 


Governor 

Secretary of State. .. 

Auditor 

Treasurer 

Attorney General 

Supt. Public Inst'n.. 


Heber M. Wells. 
J. T. Hammond.. 
M. Richards, jr.. 
James Chipman.. 
A. C. Bishop ... 
Dr. J. R. Park.. 


4 years. 
4 years. 
4 years. 
4 years. 
4 years. 
4 years. 


January, 1896. 
January, 1896. 
January, 1896. 
January, 1896. 
Tanuary, 1896. 
January, 1896. 


$ 2.000 
2,000 
1.500 
1,000 
1,500 
1,500 



Man— 10 



14G 



LEGISLATIVE MANUAL, 



Vermont— Capital, Montpelier. 



* $6 a day during session of lejiislature. 



Virginia— Capital, Richmond 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 

Lieut. Governor 

Secretary of Stale 

Auditor 


Josiah Grout. 
Nelson W. Fisk. 
C. W. Brownell. 

F. D. Hale 

Henry F. Field.. 
Jonathan Ross... 
Theo. S. -Peck.. .. 
M. S. Stone 


2 years. 
2 years. 
2 years. 
2 vears. 


Oct. 8, 1896 .. 
Oct. 8. 1896.. 
Oct. 8, lh96.. 
Oci.8. 1896 . 


$ 1.500 

1,700 
2,«.'00 


Treasurer 


2 years. Oct. 8, 1896 .. 
2 years. Dec. 1, 1896 .. 
2 years. Dec. 1,1896.. 
2 years. Dec. 1,1896.. 


1.700 


Chief Justice 

Adj'l. General 

Supt. Public Insl'n.. 


3.000 
1,U00 
2,000 



Office. 



Governor 

Lieut , Governor 

Secretary of State .... 
Attorney Genera) . . . 

Auditor 

Treasurer 

Pres. C'l. of Appeals. 
Supt. Public Inst'n .. 



Name. 


Term. 


Chas. T.O'Ferrall 


4 years . 


R C. Kent 


4 vears . 


J. T. Lawless 


2 years. 


R. Taylor Scott.. 


4 years. 


Morton Marve. .. 


2 years. 


A.W. Harman,jr. 


2 vears. 


James Keith . ... 


12 years. 


John E. Massey.. 


4 years. 



Term Bej^'an, 



Jan 1, 
Jan. 1, 
Jan. 1, 
Jan. 1, 
Jan. 1, 
Jan. 1, 
Jan. 1, 
Jan. 1, 



1894. 
1894. 
1896. 
1894. 
18M6. 
1896. 
1895. 
1894. 



Washington, Capital, Olympia. 



Salary 



$ 



5,000 
4U0 
2,000 
2,500 
8,000 
2,00<J 
8,500 
2,000 



Office. 


Name. 


Term. 


Term Began. 


Salary. 


Governor 

Lieut, Governor .... 
Secretary of State. .. 
Auditor 


John R. Rogers.. 
Thurston Daniels 
Will D.Jenkins.. 
Neal Cheatham.. 
C A. Voung 


4 years. 
4 years. 
4 years . 
4 years. 
4 years. 
7 years. 
4 years. 
4 years . 
4 > ears . 


Jan., 1897.... 
Jan , 1897.... 
Jan., 1897.... 
Jan., 1897.... 
Jan.. 1897.... 


$ 4,C00 
1,000 
2,500 
2,000 


Treasurer 

Chief Justice 


2,000 
4,000 


Supt. Publiclnst'n .. 


Jan., 1897.... 
Jan., 1897.... 
Jan., 1897.... 


2.500 


Attorney-General ... 




2.000 


Land Commissioner. 


Robert Bridges.. 





West Virginia— Capital, Charleston. 



Office. 


Name, 


Term. 


Term Began. 


Salary. 


Governor 

Secretary of State . . . 
Auditor 


G. W. Atkinson. 
W. E. Chilton . . . 
I. \'. Johnson.... 
M. A. Kendall... 
J. R. Trotter 


4 years. 
4 years. 
4 years. 
4 years. 
4 years. 


March, 1897.. 
March, 1893.. 
March, 1893.. 
March, 1897 
March, 1897.. 


$ 2.000 

*1,000 

2,200 


Treasurer 

Supt. Public Inst'n .. 


1,400 
1.500 



* And fees. 



STATE OF NORTH DAKOTA. 



147 



Wisconsin — Capital, Madison. 



Office. 



Governor 

Lieut. Governor ... 
i^ecretary of State. . 
Attorney General . . 

Treasurer 

Chief Justice 

Supt. Public Inst'n. 
Railroad Comm'r. . . 
Insurance Comm'r. . 



Name"! 



Edward Scofield . 
Emil Baensh.... 
Henry Casson. .. 
Wm.'H. Mylrea. 
S. A. Peterson. .. 
John B. Cassaday. 
)ohn O. Emery .. 
D. J. McKenzie.. 
Wra. A. Fricke.. 



Term. 



2 years . 
2 years. 
2 years . 
2 years . 
2 years. 
4 years. 
2 years. 
2 years . 
2 years . 



Term Bee^an 


.1 


Jan., 1897 


Jan., 1897.... 




Jan., 1897... 




Jan., 1897... 




Jan., 1897... 




July 4, lf95 . 




Jan., 1897.... 




Jan., 1897... 




Jan., 1897... 





Salary. 



s 



5.000 
1,000 
5,000 
8,000 
5,000 
5,000 
1.200 
8,000 
3,000 



Wyoming— Capital, Cheyenne. 



Office. 



Governor 

Secretary of State . .. 

Auditor 

Treasurer 

Chief Justice 

Supt. Public Inst'n .. 



Name. 


Term. 


Term Begran. 


W. A. Richards. 
C. W. Burdick... 
W. O. Owen .... 
Henry G. Hay. . 
A. B. Conaway.. 
Miss Estelle Reel 


4 years. 
4 years. 
4 years . 
4 years. 
8 years. 
4 years. 


Jan. 7,1895... 
Jan. 7, 1895... 
Jan. 7, 1895. . . 
Jan. 7, 1895... 
Nov., 1890. . . 
Jan. 7,189.')... 



Salary. 



$2,600 
2,000 
2,000 
2,000 
8.000 
2,000 



148 LEGISLATIVE MANUAL, 



ALTITUDES IN NORTH DAKOTA. 

Feet. 

Apple Creek Valley, N. P. R. R. crossing 1,711 

Belfield 2,577 

FortBerthold 1,873 

Bismarck 1,668 

Bismarck Sie^nal Station 1,677 

Bismarck, Missouri river, low water 1,61»> 

Blue Lake 1,9^5 

Casselton 930 

Cleveland 1,840 

Coteaudu Missouri 1,800-2,000 

Cotters Depot 909 

Davenport Depot 921 

Dickinson 2,403 

Devils Lake 1.467 

Driscol 1,835 

Kckelson Lake, station 1,447 

Eckelson Lake, water 1,432 

Fargo 903 

Fort Abraham Lincoln, old fort on hill 2,211 

Fort Buford 1,876 

Fort Ransom 1,438 

Fort Stevenson 1,734 

FortTotten 1,480 

Gladstone 2.346 

GlenUllin 2,070 

Horace Depot 917 

Jamestown 1,395 

Little Missouri (N . P. Ry. crossing) 2,225 

Little Missouri Buttes 2,5UO 

McKenzie 1,696 

Mandan : 1,644 

Mapleton 903 

New Buffalo 1,206 

Oriska. 1.240 

Pembina Signal Station 791 

Richardton 2,464 

Sanborn 1,46# 

Sentinel Butte 2,707 

Sheyenne River, Valley City 1,200 

Sims 1,960 

South Hart 2,470 

Spiritwood 1,477 

Steele 1,857 

Tappen 1,760 

Valley Citv 1,218 

Wheatland 985 

Grand Forks 830 

Larimore 1,189 

LakoU 1,519 

Williston 1,950 

Carrington 1,582 

Minnewaukan 1,457 

Bottineau 1,638 

Wahpeton 962 

Hillsboro 901 

Winnepeg (Manitoba) 750 

Lake Metegoshe, Bottineau county 2,118 

Bear Butte, Bottineau county (about) 2,400 



STATE OF NORTH DAKOTA. 149 



RULES OF THE SENATE. 



ORDER OF DAILY BUSINESS. 

After calling the Senate to order the following order shall 
govern: 

1. • Prayer by the chaplain. 

2. Calling the roll. 

3. Beading and approval of the JournaK 

4. Unfinished business. 

5. Presentation of petitions and communications. 

6. Reports of standing committees. 

7. Reports of select committees. 

8. Motions and resolutions. 

9. Introduction of bills, joint resolutions and memorials. 

10. Consideration of messages from the House. 

11. First reading of Senate bills, joint resolutions and 
memorials. 

12. Second reading of the same. 

13. Third reading of the same. 

14. First reading of House bills, joint resolutions and me- 
morials. 

15. Second reading of the same. 

16. Third reading of the same. 

17. Consideration of general orders. 

RULES. 

1. The President shall take the chair at 2 o'clock p. m., 
or the hour to which the Senate was adjourned, and call the 
Senate to order, and if a quorum be present he shall direct 
the Journal of the preceding day to be read and mistakes or 
omissions, if any, corrected. He shall preserve order and 
decorum, and decide all questions of order, subject to an ap- 
peal to the Senate. 

2. Five members may have a call of the Senate, and com- 
pel the attendance of absent members, until the call be dis- 
pensed with by a constitutional majority. 

3. Questions shall be put in this form: **As many as are 
of the opinion that (as the case may be) say aye," and after 
the affirmative voice is expressed, "As many as are of the 
contrary opinion say no." If the President doubt, or a divis- 
ion be called for, the Senate shall divide; those in the aCBrm- 
ative of the question shall arise from their seats, and after- 
wards those in the negative. 

4. All motions, except to adjourn, postpone or commit, 
shall be reduced to writing if required by any member of the 
Senate. Any motion may be withdrawn by consent of the 
Senate. 



150 LEGISLATIVE MANUAL, 



5. No member shall interrupt the business of the Senate 
while the Journals are being read, or when any member is 
speakint? in debate, except on questions of privilege. 

6. Every member present, when the question is put, shall 
vote, unless he shall, for a special cause, be excused by a two- 
thirds vote of the Senate present; but no member shall vote 
on any question in which he is directly or personally inter- 
ested, or in any case where he was not present when the ques- 
tion was put. 

7. When any member is about to speak in debate, or de- 
bate on any matter in the Senate, he shall rise from his seat 
and respectfully address himself to Mr. President, and shall 
stand in his place until recognized by the chair, and shall 
confine himself to the question under debate, and avoid per- 
sonalities and the implication of improper motive. 

8. When a question is under debate no motion shall be 
received except to adjourn, to lay on the table, to move for 
the previous question, to move to postpone to a day certain^ 
to commit or amend, to postpone indefinitely — which several 
motions shall have precedence in the order in which they are 
named, and no motion to postpone to a day certain, to com- 
mit, to postpone indefinitely, having been decided, shall be 
entertained on the same day and at the same stage of the bill 
or proposition. 

9. When two members rise the President shall name the 
member to speak. No member shall sneak more than twice 
on the same subject, without leave of the Senate, nor more 
than once until every member choosing to speak on the sub- 
ject pending shall have spoken, nor shall any member occupy 
more than ten minutes at the first time, nor more than five 
minutes at the second time, without unanimous consent of the 
Senate; but in all cases the member who shall first address the 
chair shall speak first. 

10. If any member, in speaking or otherwise, transgress 
the rules of the Senate, the presiding officer shall, or any mem- 
ber may, call him to order, and when a member shall be called 
to order by the President or a member of the Senate, he shall 
sit down, and shall not proceed without leave of the Senate. 

11. Every question of order shall be decided by the Presi- 
dent, subject to an appeal to the Senate, and the President 
may call for a sense of the Senate on any question of order. 

12. Jf any member be called to order oy another member 
for words spoken, the exceptional words shall immediately 
be taken down in writing, that the Senate may be better able 
to jndge of the matter. 

13. A motion to adjourn and to lay on the table shall be 
decided without debate. 

14. Any member may call for a division of the question, 
which shall be divided if it comprehends propositions in sub- 
stance so distinct, that on being taken away a substantive 
proposition shall remain for the decision of the Senate. A 



STATE OP NORTH DAKOTA. ' 151 



motion to strike out and insert shall be deemed divisible; but 
a motion to strike out being lost, shall preclude neither 
amendments nor motions to strike out and insert. 

15. No motion shall be debated until the same shall be 
seconded and stated by the President. 

16. When the reading of a paper is called for and the same 
is objected' to by any member, it shall be determined by ihe 
Senate. 

17. The unfinished business in which the Senate was en- 
gaged at the last preceding adjournment, shall have the pre- 
ference in the special order of the day. 

18. Every bill and joint resolution shall be introduced on 
the report of a committee, or dn a call for bills and. joint 
resolutions, or by a motion for leave, unless objected to by 
one member of the Senate, which shall carry it over for one 
day; and such objection may be made at any time on or be- 
fore the first reading is completed. 

19. Every bill shall be read three several times but the 
first and second readings, and those only, may be upon the 
same day; and the second reading may be by title of the bill, 
unless a'reading at lengtlji be demanded. The first and third 
reading shall be at length. 

20. The first reading of a bill shall be for information, 
aod the bill shall be presented and go to its second reading 
without further question. 

21. Upon the second reading of a bill or joint resolution, 
the President shall refer it to its appropriate committee, un- 
less the Senate, upon motion, decide to refer the same to a 
select or other standing committee, or to committee of the 
whole Senate; if to committee of the whole Senate, then it 
shall come up for consideration under the general order of the 
next day, unless otherwise ordered by the Senate. 

22. No bill or joint resolution shall be committed or 
amended until it shall have been twice read; nor shall any 
such bill or joint resolution have its third reading and be put 
upon its final passage until at least one day after the same 
has been reported to the Senate by the committee to which 
the same has been referred. Provided^ That any bill or joint 
resolution may have its third reading and be put upon its 
final passage on the day the same is reported back, when so 
ordered by two-thirds of the members of the Senate present. 

23. On the third reading of every bill or resolution, any 
amendment may be received and it may be recommitted at 
any time previous to its final passage.* 

24. No bill shall be revised or amended, nor the provis- 
ions thereof extended or incorporated in any other bill by 
reference to its title only, but so much thereof as is revised, 
amended or extended or so incorporated, shall be re-enacted 
and published at length. 

25. No bill shall become a law except by a vote of the ma- 
jority of all the members-elect in each house, nor unless, on 



152 LEGISLATIVE MANUAL, 



its fioal passage, the vote be taken by yeas aod nays, and the 
names of those voting be entered on the Journal. 

26. The presiding officer shall, in the presence of the Sen- 
ate, sign all bills and joint resolutions passed by the Senate. 
Immediately before such signing their title shall be publicly 
read, and the fact of signing shall be at once entered on the 
Journal. 

27. No bills for the appropriation pf money, except for 
the expenses of the government, shall be introduced after the 
fortieth day of the session, except by unanimous consent of 
the Senate- 

28. In filling blanks the largest sum and lon^^est time 
shall be first put. When a motion or question has been de- 
cided in the affirmative or negative, any member having voted 
with the prevailing side may move a reconsideration on the 
same or the following day, but when a motion to reconsider is 
laid on the table, a motion to reconsider cannot again be made. 

29. Before acting on executive business the Senate cham- 
ber shall be cleared, by the direction of the President, of all 
persons except members, the chief clerk and sergeant at arms 
to be sworn. 

30. No standing rule or order of the Senate shall be recon- 
sidered or suspended, except by a vote of two-thirds of the 
members-elect, and no motion to suspend the rules and pass a 
bill shall be entertained except by unanimous consent, unless 
the biJl has first been printed and considered by a committee. 

31. The rules of parliamentary practice comprised in 
*'Reed's Parliamentary Rules" shflll govern the Senate in all 
cases to which they are applicable, and in which they are not 
inconsistent with the standing rules and order of the Senate, 
and the joint rales of the Senate and House of Representatives. 

32. When the ayes and nays shall be called for by one- 
sixth of the members present, each member called upon shall, 
unless for special reasons he be excused by the Senate, de- 
clare openly and without debate, his assent or dissent to the 
question. In taking the ayes and nays upon the call of the 
House, the names of the members shall be taken alphabetically . 

33. In the absence of the President of the Senate, or his 
refusal to act, the President pro tempore shall exercise all 
rights and prerogatives of the President for the time being. 

34. All bills, joint and concurrent resolutions, after the 
first and before the second reading, shall be printed, unless 
otherwise ordered by the Senate. 

35. There shall be ai^pointed by the President of the Sen- 
ate the following standing committee?: 

On judiciary to consist of eleven members. 
On education to consist of seven members. 
On elections to consist of seven members. 
On appropriations to consist of eleven members. 
On railroads to consist of eleven members. 
On state affairs to consist of seven members. 



STATE OF NORTH DAKOTA.. 153 



On publio lands to consist of seven members. 

On ways and means to cons st of seven members. 

On agriculture to consist of seven members. 

On warehousing, grain and grain grading to consist of nine 
members 

On counties to consist of seven members. 

On engrossed and enrolled bills to consist of five members. 

On banks and banking to consist of seven members. 

On city and municipal corporations to consist of seven 
members. 

On Indian affairs to consist of five members. 

On statistics to consist of five members. 

On federal relations to consist of five members. 

On insurance to consist of five members. 

On public health to consist of five members. 

On public printing to consist of five members. 

On temperance to consist of seven members. 

On mines and minerals to consist of five members. 

On rules to consist of seven members. 

On immigration to consist of five members. 

On highways, bridges and ferries to consist of five members. 

On irrigation to consist of seven members. 

On apportionment to consist of nine members. 

On corporations other than municipal to consist of seven 
members. 

On military affairs to consist of five members. 

On woman suffrage to consist of ^ve members. 

Also joint committees on the following subjects: 

On public buildings to consist of five members. 

On charitable institutions to consist of five members. 

On penal institutions to consist of five members. 

On educational institutions to consist of seven members. 

On state library to consist of five members. 

On joint rules to consist of seven members. 

36. A quorum for the transaction of business shall consist 
of a majority of the members elected to the Senate. 

37. No person shall be admitted within the bar of the 
Senate but the executive, members of the House, state officers, 
judges of the supreme and district couits, members of con- 
gress, those who have been members of congress, and the 
legislative assembly, members of the constitutional conven 
tion, and all federal officials of the state, except by a vote of 
the Senate. 

38. Members of the Senate introducing bills in the nature 
of amendments to laws now existing shall designate in the 
title of such amendatory act the title of the act and shall have 
printed at length in the bill the section or sections to be 
amended. 

39. All nominations from the Executive shall be opened 
and read immediately in executive session and then be referred 
to their appropriate committee, unless otherwise ordered by a 
majority of those present. 



v 



154 . liEGISLATIVE MANUAL, 



40. All bills reported from committees with amendments 
shall be engrossed before being read the third time and placed 
upon filial passage. 

41. All reports of committees and motions to discharge 
a committee from the consideration of a subject, and all sub- 
jects from which a committee shall be discharged, shall lie 
over for one day for consideration unless, by unanimous con- 
sent, the Senate shall otherwise direct. 

42. No member or officer of the Senate, unless he from 
illness or other cause, shall be unable to attend, shall absent 
himself from the session of the Senate during an entire day 
without having first obtained leave bf absence, and no one 
shall be entitled to draw pay while absent more fhan one day 
without leave. 

SENATE STANDING COMMITTEES. 

Agriculture — Messrs. Strom, chairman ;,Enger. Clark, Mc- 
Carten, Dunlap, McCanna and Brown. 

Warehouse, Grain and Grain Grading — Messrs. Davis, 
chairman; Gordon, Enger, Plain, McCarten, LaMoure, Clark, 
Tufts and Green. 

Cotmties — Messrs. Hanna, chairman; Arnold, McGillivray, 
Mansfield, McCanoa, Green »nd Wishek. 

Engrossed Bills — Messrs. Valentine, chairman; Hanna> 
Little, Arnold and Marshall. 

Apportionment — Messrs. Davis, chairman; White, Hag- 
gart, Fuller, Strom, Green, Wishek, Viets and Benedict. 

Corporations^ Other Than Municipal — Messrs. Tufts, 
chairman; Strom. Davis, Rourke, Dunlap, Green and Levang. 

Judiciary — Messrs. Little, chairman; Rourke, Wishek, 
Arnold, McGillivray, Brown, White, Viets, McCanna, Hanna, 
and Valentine. 

Education — Messrs. Arno'd, chairman; White, Mansfield, 
McCarten, Benedict, Dobie and Brown. 

Elections — Messrs. Arnold, chairman; Hanna, Marshall, 
McGillivray, LaMoure, McCanna and McCarten. 

Appropriations — Messrs. Haggart, chairman ; Arnold, 
White, Marshall, Mansfield, Little, Strom, Gordon and Wishek. 

Federal Relations — Messrs. Benedict, chairman; Strom, 
Haggart, Hanscom and Plain. 

Insurance — Messrs. Gordon, chairman ; Plain, White, 
Eager and McCanna. 

Public Health— ^esevB, Benedict, chairman; Mansfield, 
Clark, Dobie and Levang. 

Banks and Banking— MesBTB. Viets, chairman; Little^ 
Marshall, Mansfield, Hanna, Strom and Dobie. 

Cities and Municipalities— Mbbbtb, Green, chairman; Ful- 
ler, Creel, Donlap. Viets and White. 

Indians and Indian Affairs — Messrs. Brown, chairman; 
Creel, McCanna, Clark and Davis. 



STATE OP NORTH DAKOTA. 155 



Statistics — Messrs. Plain, chairmaa; Green, Brown, Dobie 
and Fuller. 

Stock — Messrs. Hansoom, chairman; Davis, McGillivray, 
Mansfield and Green. 

Woman Suffrage— M-bbstb, Dobie, chairman; McCanna, 
Clark, Yiets and Mansfield. 

Ways and Means — Messrs. Rourke, chairman; Clark, 
Creel, Davis, Benedict, Viets and Green. 

Mines and Mining — Messrs. McGillivray, chairman; Ful- 
ler, Mansfield, Green and Tafts. 

Rules — Messrs. LaMonre, chairman; White, Little, Mc- 
Carten, Wishek, Strom and Arnold. . 

Immigration — Messrs. Creel, chairman; Enger, Levang, 
Haggart and McCarten. 

highways, Bridges and Ferries — Messrs. McCarten, 
chairman; Dunlap, McCanna, Hanscom and Plain. 

Irrigation — Messrs. Dobie, chairman; McGillivray, Mar- 
shall. Hanscom, Lievang, Plain and Brown. 

Military — Messrs. White, chairman ; Creel, Gordon, Little, 
and LaMoure. 

Railroads — Messrs. liaMoure, chairman ; Valentine, 
Rourke, Hanscom, Hanna, Green, McGillivray, Viets, Tufts, 
Arnold and Dunlap. 

State Affairs — Messrs Marshall, chairman; Rourke, Hans- 
com, Gordon, Hanna, Fuller and Strom. 

Public Lands — Messrs. McCanna, chairman ; Haggart, 
Marshall, Qreel, and Green. 

Public Printing — Messrs. Wishek, chairman; Arnold, Mc- 
Gillivray, Levang and Plain. 

Temperance — Messrs. Enger, chairman; Gordon, Mc- 
Carten, Hanna, Hanscom, Wishek and Benedict. 

JOINT COMMITTEES. 

« 

Public Buildings — Messrs. Haggart, chairman; McGilliv- 
ray, Dunlap, LaMonre aod Benedict. 

Charitable Institutions— MeBBTs. Gordon, chairman ; 
Marshall, McCanna, White and Levang. 

Penal Institutions — Messrs. Little, chairman: Rourke, 
Green, Wishek and Clark. 

Educational Institutions — Messrs. Arnold, chairman ; 
White, Enger, Valentine, Strom, Viets and Dobie. 

State Library — Messrs. Rourke, chairman; Arnold, La- 
Moure, McCanna and Valentine. 

Joint Rules — Messrs. LaMoure, chairman; White, Little* 
McCarten, Strom, Arnold and Wishek. 



156 LEGISLATIVE MANUAL, 



RULES OF THE HOUSE. 



1. The Speaker shall take the chair at the time to which 
the House stands adjourned, and the House shall then be 
called to order, and the roll of the members called, and the 
names of the absentees shall be entered upon the Journal of 
the House. 

2. Upon the appearance of a quorum the Journal of the 
preceding day shall be referred to the committee on revision 
and correction of the Journal. Any mistakes therein shall 
be corrected by the committee and reported to the House 
for action. 

.3. Any eleven members of the House may order a call of 
the House and cause abseut members to be sent for, but a 
call must not be made after voting has commenced. A call 
being moved, the Speaker shall require those desiring the call 
to rise, and if eleven or more members shall rise, the call shall 
be ordered. The call being ordered, the sergeant at arms 
shall close the door and no member shall be allowed to leave 
the room. The clerk shall then call the roll and furnish the 
sergeant-at-arms with a list of those members absent without 
leave, and that officer shall proceed forthwith to find and 
bring in such absentees. While the House is under call no 
business shall be transacted except to receive and act upon 
the report of the sergeantat arms, and no motion shall be in 
order except a motion to suspend further proceedings under 
the call, and said motion shall not be adopted unless a major- 
ity of all members-elect vote in favor thereof. Upon the re- 
port of the sergeant at arms showing that all the members 
who were absent without leave, naming them, are present, the 
call shall be at an end, and the doors shall be opened and the 
business or motion pending at the time the call was made 
shall be proceeded with. 

4. The Speaker shall preserve order and decorum, and 
shall decide question s of order subject to an appeal to the 
House.. 

5. The Speaker shall vote on all questions taken by 
ayes and nays (except on appeals from his own decision) 
and in all elections or decieioDS called for by any member. 

6. When the House adjourns the members shall keep their 
seats until the Speaker announces the adjournment. 

7.' Every member, previous to his speaking, shall rise 
from his seat, and respectfully address **Mr. Speaker,*' and 
remain standing in his place, before proceeding to speak, 
until he is recognized by tne chair. 



STATE OF NORTH DAKOTA. 157 



8. When two or more members rise at once, the Speaker 
shall designate the member who is first to speals; but in all 
cases the member who shall first rise, and address the chaii, 
shall speak first. 

9. No member shall speak more than twice on the same 
subject, without leave of the House, nor more than once until 
every member choosing to speak on the subject pending shall 
have spoken, nor shall any member occupy more than ten 
minutes at the first time, n^r more than five minutes at the 
second time, without unanimous consent of the House. 

10. No motion shall be debated, or put, unless the same 
be seconded. It shall be stated by the Speaker before debase, 
and any such motion shall be reduced to writing if the 
Speaker, or any member desires it. 

11. After a motion shall be stated by the Speaker, it shall 
be deemed to be in possession of the House, but may be 
withdrawn at any time, before amendment or decision, but all 
motions, resolutions or amendments shall be entered on the 
Journal, whether rejected, or adopted. 

12. When a question is under debate, no motion shall be 
received but to adjourn, to lay on the table, for the previous 
question, to postpone to a day certain, to commit or amend, 
to postpone indefinitely — which several motions shall have 
precedence in the order in which they stand arranged. 

13. A motion to adjourn shall always be in order, except 
when a member is addressing the chBir, or a vote is beiug 
taken; that, and the motion to lay upon the table, shall be de- 
cided without debate. 

14. The previous question shall be in this form : "Shall 
the main question be now put?" It shall only be admitted 
when demanded by a majority of the members present, and its 
effect shall be to put an end to all debate, and bring the 
House to a direct vote upon the amendnients reported by 
a committee, if any, upon the pendindf amendments, and then 
upon the main question. On a motion for the previous ques- 
tion, and prior to the seconding of the same, a call of the 
House shall be in order, but after a majority shall have 
seconded such motion, no call shall be in order prior to de- 
cision of the main question. 

15. When the previous question is decided in the nega- 
tive it shall leave the main question under debate for the resi- 
due of the sitting, unless sooner disposed of by taking the 
question, or in some other manner.. 

16. All incidental questions of order arising after a mo- 
tion is made for the previous question, during the t)ending of 
such motion, or after the House shall have determined that 
the main question shall now be put, shall be decided, whether 
on appeal or otherwise, without debate. 

17. Petitions, memorials and other papers addressed to the 
House shall be presented by the Speaker or by a member in 
his place. 



158 LEGI^ATIVE MANUAL, 



18. Every member who shall be present before the vote is 
declared from the chair, and no other, shall vote for or against 
the same unless the House shall excuse him, or unless he is 
immediately interested in the question, in which case he shall 
not vote. 

19. When the Speaker is putting tde question, no member 
shall walk out or across the House; nor when a member is 
speaking shall any person entertain any private discourse or 
pass between him and the chair. . 

20. If a question in debate contains several points, any 
member may have the same divided. 

21. A member called to order shall immediately sit down 
unless permitted to explain, and the House, if appealed to, 
shall decide the case. If there be no appeal, the decision of 
the chair shall be submitted to. On appeal no member shall 
speak more than once, without leave of the House, except 
when a member is called to order for offensive language, in 
which case there shall be no debate. 

22. Every bill shall be introduced on the report of a com- 
mittee, or on a call for bills, or by a motion for leave. 

23. Every bill, before being introduced, shall have in- 
dorsed thereon the title of the same; and every bill or reso- 
lution shall have thereon the name of the member introduc- 
ing it; and when ordered by a committee, the name of such 
committee shall be indorsed thereon. 

24. The tirst reading of a bill shall be for information, and 
the bill shall be presented and go to its second reading with- 
out further question. All bills shall be printed after the first 
and second reading thereof. 

25. Every bill, memorial, order and resolution, requiring 
the approval of the governor, or a change in the constitution 
of the state of North Dakota, shall, after second reading, be 
referred to its appropriate committee, and if reported with- 
out amendment shall pass to its third reading, unless other- 
wise ordered, and when amended it shall go to committee of 
the whole House. 

26. All bills shall be properly engrossed before their final 
passage. 

27. The final question, after consideration in committee of 
the whole, of a bill or other paper originating in the House, 
shall be **Shall it be engrossed and read a third time?" and 
upon every such bill or paper originating in the Senate "Shall 
it be read a third time?'* 

28. No amendments shall be received on the third read- 
ing, except to fill blanks, without unanimous consent of the 
House, and all bills and resolutions may be re-committed at 
any time previous to their passage ; and if any amendment be 
reported on such re-commitment by any other than a com- 
mittee of the whole, it shall be again read a second time and 
the question for third reading and passage then put. 

29. No motion or proposition on a subject different from 



STATE OF NORTH DAKOTA. 159 



that under consideration shall be admitted under color of 
amendment; no bill or resolution shall at any time be 
amended by annexing thereto, or incorporating therewith, any 
other bill or resolution pending before the House. 

30. In forming a committee of the whole House the 
Speaker shall appoint a chairman to preside. 

31. Bills committed to the committee of the whole House 
shall, by committee of the whole thereon, be first read 
through unless the committee shall otherwise order, and then 
read and debated by sections, leaving tbe title to be last con- 
sidered; all amendments shall be noted in writing and re- 
ported to the House by the chairman. 

32. All questions whether in committee or in the House, 
shall be put in the order they are moved except in the case 
of privileged questions, and in filling blanks the largest sum 
and the longest time shall be first put. 

33. A similar mode of proceeding shall be observed with 
bills which have originated in and passed the Senate bs with 
bills which have originated in the House, except that they 
shall not be printed. 

34. No motion for reconsideration shall be in order unless 
on the same day or the day following that on which the de- 
cision proposed to be considered took place, nor unless one of 
the majority shall move a reconsideration. 

35. When notice of intention to move the reconsideration 
of any bill or joint resolution shall be given by a member, the 
clerk of the House shall retain the said bill or joint resolution 
until after the time during which the said motion can be 
made unless the same can previously be disposed of. 

36. Any member who votes on that side of a question 
which prevailed, may be at liberty to move a reconsideration, 
and a motion for a reconsideration shall be decided by a ma- 
jority vote. 

37. The rules of the House shall be observed in committee 
of the whole House so* far as may be applicable, except that 
the ayes and nays shall not be called, the previous question 
enforced, nor the time of speaking limited. 

38. A motion that the committee rise shall always be in 
order and shall be decided without debate. 

39. All bills reported from standing or select committees 
or from the committee of the whole, whether amended or not, 
shall not come up for a third reading until the first day after 
such report, unless the House by a two-thirds vote otherwise 
orders. 

40. Standing committees shall be appointed on the follow- 
ing subjects: 

On rules to consist of nine members. 

On mileage and per diem to consist of three members. 

On judiciary to consist of fifteen members. 

On ways and means to consist of eleven members. 

On railroads to consist of fifteen members. 



160 LEGISLATIVE MANUAL, 



On appropriations to consist of fifteen members. 

On engrossment to consist of nine members. 

On enrollment to consist of nine members. 

On education to consist of nine members. 

On elections and privileges to consist of nine members. 

On municipal corporations to consist of nine members. 

On corporations other than municipal to consist of nine 
members. 

On agriculture to consist of thirteen members. 

On public printing to consist of nine members. 

On irrigation to consist of nine members. 

On insurance to consist of nine members. 

On banking to consist of nine members. 

On labor to consist of nine members. 

On immigration to consist of nine members. 

On apportionment to consist of a member from each sena- 
torial district. 

On schools and public lands to consist of nine members. 

On public health to consist of nine members. 

On military affairs to consist of nine members. 

On warehouses, grain grading and dealing to consist of 
fifteen members. 

On federal relations to consist of nine members. 

On mines and mining to consist of nine members. 

On temperance to consist of nine members. 

On highways, bridges and ferries to consist of nine mem- 
bers. 

On state affairs to consist of nine members. 

On supplies and expenditures to consist of nine members. 

On forestry to consist of nine members. 

On public debt to consist of nine members. 

On woman suffrage to consist of nine members. 

On manufactures to consist of nine members. 

On counties and county boundaries to consist of nine 
members. 

On taxes and tax laws to consist of seventeen members. 

On coal lands and mining to consist of nine members. 

On sheep industry to consist of seven members. 

On revision and correction of the Journal to consist of 
seven members. 

Also joint committees on the following subjects: 

On public buildings to consist of nine members. 

On charitable institutions to consist of nine members. 

On penal institutions to consist of nine members. 

On educational institutions to consist of nine members. 

On state library to consist of nine members. 

On joint rules to consist of nine members. 

41. The first named member of each committee shall be 
the chairman, and in his absence or being excused by the 
House, the next, named member, and so on as often as the case 
shall happen^ shill act as chairman. 



8TATE OF NORTH DAKOTA. 161 



42. The committee on engrossment shall examine all bills 
after they are engrossed and report; the same to the House 
correctly engrossed before their third reading; said committee 
may report at any time. 

43. The committee on enrollment shall examine all House 
bills and memorials which have passed the two Houses, and 
when reported Correctly enrolled they shall be presented to 
the presiding officers of the House and Senate for their signa- 
tures, and when so signed, to the governor, for his approval; 
said committee may report at any time. 

44. Select committees to whom reference shall be made, 
shall, in all cases, report a state of facts and their opinion 
thereon to the House. 

45. In all cases where a bill, order or resolution, or motion . 
shall be entered upon the Journal of the House, the name of 
the member moving the same shall be entered on the Journal. 

46. No person shall be admitted within the bar of the 
House except the executive, members of the senate, state 
officers, judges of the supreme and district courts, members of 
congress, ex-members of the legislative assembly, delegates to 
the state constitutional convention, all federal officers of the 
s'ate and reporters of newspapers except by vote of the House. 

47. The Speaker shall cause the clerk of the House to 
make a list of all the bills, resolutions, reports of committees 
and other proceedings of the House, which are committed to 
a committee of the whole House, and which are not made the 
order of the day for any particular day, and to number the 
same, which list shall be called "the general order of the 
day," and they shall be taken up in the order in which they 
are numbered, unless otherwise ordered by a majority of the 
House; and the clerk shall also keep a book showing the situ- 
ation and progress of bills. 

48. After calling the House to order, the order of business 
for the day shall be as follows: 

1. Prayer by the chaplain. 

2. Calling the roil. 

3. Reference of the Journal. 

4. Presentation of petitions and communications. 

5. Reports of standing committees. 

6. Reports of select committees. 

7. Motions and resolutions. 

8. Unfinished business. 

9. Introduction of bills and memorials. 

10. First reading of House bills and memorials. 

11. Second reading of House bills and memorials. 

12. Third reading of the same. 

13. CJonsideration of messages from the Senate. 

14. First reading of Senate bills and memorials. 

15. Second reading of Senate bills and memorials. 

16. Third reading of the same. 

17. Consideration of general orders. 



162 LEGISLATIVE MANUAL, 



49. Whenever the report of any committee of conference 
contains several modifications or amendments, any member 
may have the same divided, and the question of concurrence 
taken separately upon each modification or amendment. 

50. When the House has arrived at **the general orders of 
the day" it shall go into committee of the whole upon such 
orders, or a particular order designated by a vote of the House; 
and no other business shall be in order until the whole are 
considered or passed, or the committee rise; and unless a par- 
ticular bill is ordered up the committee of the whole shall 
consider, act upon, or pass the general order, according to the 
order of reference. 

51. The Speaker may leave the chair, appoint a member 
to preside, but not for a longer time than one day, except by 
leave of the House. 

52. The rules of parliamentary practice adopted by the 
house of representatives of the United States shall govern 
the House in all cases to which they are applicable, and in 
which they are not inconsistent with the standing rules and 
orders of the House, and the joint rules and orders of the 
senate and house of representatives. 

53. No rule of the house shall be suspended, altered or 
amended without the concurrence of two-thirds of the mem- 
bers of the whole House. 

54. The hour of daily meeting of the House shall be 2 
o'clock in the afternoon, until the House directs otherwise. 

55. The ayes and nays shall not be ordered unless de- 
manded by eleven members, except upon the final passage of 
bills, concurrent resolutions to amend the constitution and 
memorials, in which case the ayes and nays shall be had with- 
out any demand. 

56. In case all the members of any committee, required or 
entitled to report on any subject referred to them, cannot 
agree upon any report, the majority and minority may each 
make a special report, and any member dissenting in whole or 
in part from the reasonings and conclusions of both majority 
and minority, may also present to the house a statement of 
his reasonings and conclusions; and all reports, if decorous in 
language and respectful to the House, shall be entered at 
length on the Journal. 

57. No smoking shall be allowed in the House while in ses- 
sion. 

58. No member or other person shall remain by the clerk's 
desk when the ayes and nays are being called. 

59. In case of any disturbance or disorderly conduct in 
the lobby or gallery, the Speaker or chairman of the commit- 
tee of the whole shall have power to order the same to be 
cleared. 

60. No member or officer of the House, unless he from ill- 
ness or other cause shall be unable to attend, shall absent 
himself from a session of the House during an entire day with- 



STATE OF NORTH DAKOTA. 163 



out having first obtained leave of absence, and no one shall be 
entitled to draw pay while absent more than one day without 
leave. 

61. Neither the chief clerk nor his assistant shall permit 
any records or papers belonging to the House to be taken out 
of their custody, otherwise than in tlie regular coarse of busi- 
ness. The chief clerk shall report any bills, resolutions and 
missing papers to the Speaker; shall have general supervision 
of all clerical duties appertaining to the business of the House: 
shall perform, under the direction of the Speaker, all duties 
pertaining to his ofiBce, and shall also keep a book showing 
the situation and progress of all bills, memoiials and joint 
resolutions. 

62. It shall be the duty of the committee on supplies and 
expenditures to examine into the state of the accounts and ex- 
penditures of the s*ate auditor, state treasurer, and all other 
state officers intrusted with the custody or disbursement of 
any portion of the public moneys; to inquire and report par- 
ticularly on or before the 20th day of February next, whether 
the expenditures of fach and all otf said officers are jastitiable: 
whether all claims from time to time satisfied and discharged 
by such officers are supported by sufficient vouchers, estab 
lishing their justice both as to character and amounts; wheth- 
er all such claims have been discharged out of funds appro- 
priated therefor, and whether all moneys have been disbursed 
in conformity with the appropriation laws, and whether all 
moneys reported to be on hand are so on hand and to the 
credit of the various f ands as reported ; and the notes, bonds 
and securities in which any portion of the public moneys are 
reported to be invested are on hand as reported and whether 
the same are proper and secure investments and securely kept. 
And, it shall be moreover the duty of said committee to report 
from time to time whether any and what retrenchment can 
be made in the expenditures of any department or officer of 
the state without detriment to the public service and to report 
from time to time such recommendations and bills as may be 
necessary to add to the economy and accountabiliry of any 
officer of the state; and said committee shall make such 
recommendations as to the investment of public moneys and 
exchange or sale of any of the bonds or securities held by the 
state fcs in their judgment the public interest requires. 

63. The chairmen of the different standing committees 
shall send to the chief clerk's desk to be read, previous to ad- 
joarnment, notice of the time and place of meeting of such 
committees. 

6i. The chief clerk shall cause to be printed each day for 
the use of the members a list of bills under the title or head- 
ing of "bills on third reading for today," and one under the 
title of "bills in general orders for today," and also to cause 
same to be printed in the Journal. 



10-4 LEGISLATIVE MANUAL, 



HOUSE STANDING COMMITTEES. 

Rules Messrs. Hawk, chairman ; Francis, Hankinson 
Hurley, Erickson, Colby, Sharpe, White and Brotnov. 

J udiciari/- MeBsvs. Francis, chairman; Mitchell, Sharpe. 
Power, Joy, Porter, Wood, Hurley, Peoples, Dunton, Twichell, 
Heskin, Cryan, Guinan and Lenz. 

Ways and J!/eaw«— Messrs. Lindstrom, chairman; Wal- 
lace, Boyd of Cass, Johnson, Sargent, Gilbertson, Lovelace, 
Tanton, Guinan, Dougherty and Brotnov. 

Bailroads — Messrs. Hankinson. chairman; Twichell, Port- 
er, Murphy, Sargent, Sharpe, Wallace, Earl, Howard, Rich- 
ards, White, Currier, Ijenz, Cole and Ryan. 

Appropriations — M^QBBTB. Hurley, chairman; Francis, 
Power, Wood, Lindstrom, Earl, Dunton, Currier, Stevenson, 
McGinnis, Hammond, Dougherty and Guinan. 

Engrossment — Messrs. Hawk, chairman; Joy, Lindstrom, 
Peoples, Porter, Sharpe, Tanton, Towle and Lenz. 

i)7irollment — Messrs. Mitchell, chairman; Murphv, Sar- 
gent, Hankinson, Joy, Lindstrom, Sharpe, Cryan and Boyd of 
Cavalier. 

Education — Messrs. Murphy, chairman; Francis, Porter, 
Mitchell, Towle,Dougherty, Duncan, Butterwick and McPher- 
son. 

Elections and Privileges — Messrs. Lindstrom, chairman; 
Hawk, Baker, Earl, White, Stevenson, McGinnis, Cole and 
Guinan. 

Municipal Corporations — Messrs. Twichell, chairman ; 
Wood, Hankinson, Dunton, Baker, Cole, Dougherty, Boyd of 
Cavalier and Brotnov. 

Corporations^ Other Than Municipal— MeBSTB, Johnson, 
chairman; Wood, Gaulke, Mitchell, Boyd of Cass, Gilbertson, 
Heskin, Duncan and Guinan. 

Agriculture — Messrs. Williams, chairman ; Gilbertson, 
Lovelace, Richards, Duncan, Korsmo, Brotnov, Towle, Syvert- 
aun, Stevenson, Earl, Belden and Aas. 

Puhlio Printing — Messrs. Erickson, chairman ; Porter, 
Murphy, Baker, Wallace, McGinnis, Currier, Cole and Ebbig- 
UauBou. 

/nu'x/a^ion- -Messrs. Heskin, chairman; Korsmo, Belden, 
Dunton, Erickson, Gaulke, Kroeger, Groplerud and Carlin. 

/nsarance-Meesre. Wood, chairman; Murphy, Oflferdahl, 
Krickaon, Uurrier, Boyd of Cass, Richards, White and Boyd 
of Cavalier. 

/ia/*A;inflf— Messrs. Joy, chairman; Hurley, Francis, Peo- 
ples, Gilberison, Howard, Sharpe, Carlin and Aas. 

Labo}*^ -Messrs, Currier, chairman ; Earl, Williams, Mc- 
Ginnis, Francis, Kroeger, Ryan, Cole and Ebbiffhausen. 

Immigration— MeBBVB, Power, chairman; Williams, Bel- 
tlen, Hukor, Howartl, CJoplerud, Boyd of Cavalier, Aas and 
Urotnov. 



STATE OF NORTH DAKOTA. 165 



Apportionment— M.eB8rB. Geulke, chairman; Francis, Hur- 
ley, HankineoD, Wallace, Sharpe, Wood, Twichell, Sargent, 
Mitchell, Murphy, Porter, Joy, Erickson, Currier, Earl, Dnn- 
ton. McConnachie, McGinnis, Richards, Belden, Hammond, 
Steveneou, Wbite, Swenson, Boyd of Cavalier, Dougherty, 
Ebbighaueen, Cry an, Aas and Syvertson. 

Schools and Public Lands — Messrs. Sharpe, chairman; 
Power, Mitchell, Offerdahl, Johnson, Williams, Kroeger, Gil- 
bertson and Carlin. 

Public Health — Messrs. Ear), chairnlan; Murphy, Peoples, 
Sargent, Erickson, McConnachie, White, Guinan and Ebbig- 
hausen. 

Military Affairs — Messrs. Lovelace, chairman ; Earl, 
Hankinson, Northrop, Kroeger, Ryan, Butterwick, Ebbig- 
hausen and Tanton. 

Warehouses, Grain Grading and Dealing — Messrs. Bel- 
den, chairman; Currier, Erickson, Ganlke, Hawk, Howard, 
Johnson, Korsmo, Richards, Wallace, White, Tanton, McPher- 
son, Ebbiflfhausen and Butterwick. 

Federal Relations — Messrs. McConnachie, chairman ; 
Hammond, Ldndstrom, Twichell, Kroeger, Lovelace, Wirkus, 
Syvertson and McPherson. 

Mines and Mining — Messrs. Richards, chairman ; Twich- 
ell, Colby, Offerdahl, Swenson, Baker, McGinnis, McPherson 
and Syvertson. 

T'emperance— Messrs. Colby, chairman; Northrop, Wal- 
lace, Hankinson, Heskin, Stevenson, Sargent, Ebbighausen 
and Wirkus. 

Highways^ Bridges and Ferries — Messre. Gilbertson, 
chairman; Colby, Lovelace, Goplerud, Tanton, Syvertson, Dun- 
can, Aas and Butterwick. 

State Affairs— M.e8srB. Porter, chairman; Hawk, North- 
rop, Hankinson, Korsmo, Richards, Stevenson, Goplerud and 
Cry an. 

Supplies and Expenditures — Messrs. Peoples, chairman; 
OfFerdanl, Gaulke, Howard, Baker, McConnachie, Ryan, Tan- 
ton and Carlin. 

Forestry — Messrs. Boyd of Cavalier, chairman; Dunton, 
Erickson, Gaulke, Goplerud, Hammond, McConnachie, Towle 
and Wirkus. 

Public Debt — Messrs. Dunton, chairman; Wallace, Mc- 
Connachie, Swenson, Gilbertson, Twichell, McPherson, Dun- 
can and Syvertson. 

Woman Suffrage— Mbbbtb. Peoples, chairman; Francis, 
Colby, Sargent, Hurley, Belden, Wirkus, Carlin and Aas. 

Manufactures — Messrs. Swenson, chairman ; Boyd of Cass, 
Johnson, McConnachie, Lovelace, Cole, Dougherty, Lenz and 
Wirkus. 

Counties and County Boundaries — Messrs. Stevenson, 
chairman; Murphy, Heskin, Howard, White, Offerdahl, Wil- 
liams, Lenz and Towle. 



ICG LEGISLATIVE MANUAL, 



Taxes and Tax Laws — Messrs. Power, chairman; Hurley, 
Wood, Peoples, Joy, Northrop, Johnson, Goplerud, Hammond, 
Stevenson, Belden, Colby, Boyd of Cavalier, Dougherty, 
Cryan, Brotnov, Swenson and Mitchell. 

Coal Lands and Mining — Messrs. Kroeger, chairman; 
Richards, Heskin, Boyd of Cass, Stevenson, Swenson, Ryan, 
Aas and Butterwick. 

Sheep Jfusbandry—M.eBBTB. White, chairman ; Baker, 
Stevenson, Williams, ICorsmo, Hammond and Carlin. 

Revision and Correction of the Journal — Messrs. Sar- 
gent, chairman; Boyd of Cass, Northrop, Peoples, Tanton, 
Syvertson and Cryan. 

JOINT COMMITTEES. 

Public. Buildings — Messrs. Ryan, chairman ; Mitchell, 
Francis, Hurley, Hankie son, Stevenson, Earl, McGinnis and 
Tanton. 

Charitable Institutions— Mbbbtb, McGinnis, chairman; 
Murphy, Wallace, Wood, Lovelace, Carrier, Towle, Cole and 
Butterwick. 

Penal Institutions — Messrs. Richards, chairman; Korsmo, 
Peoples, Ganlke, Sargent, Hawk, Stevenson, Boyd of Cavalier 
and Wirkus. 

Educational Institutions — Messrs. Northrop, chairman; 
Porter, Murphy, Colby, Francis, Joy, Lindstrom, Aas and Mc- 
Pherson. 

State Library — Messis. Hurley, chairman; Francis, Sar- 
gent, Joy, Korsmo, Mitchell, TwichelJ, Lindstrom and Daucan. 

Joint Pules — Messrs. Hankinson, chairman ; Porter, 
Sharpe, Mitchell, Hawk, Hurley, White, Ebbighansen and 
Carlin. 

JOINT RULES. 

1. Each House shall transmit to the other all papers on 
which any bill or resolution shall be founded. 

2. When a bill or resolution which shall have passed in 
one House is rejected in the other, notice thereof shall be 
given to the House in which the same may have passed. 

3. Messages from one House to the other shall be com- 
municated by the secretary of the Senate and clerk of the 
House of Representatives, unless the House transmitting the 
message shall especially direct otherwise. 

4. It shall be in the power of either House to amend any 
amendment made by the other to any bill or resolution. 

5. In every case of a difference between the two Houses 
upon any subject of legislation, if either House shall request a 
conference and appoint a committee for that purpose, and the 
other House shall also appoint a committee, such committee 
shall meet at such hour and place as shall be agreed on by the 



STATE OF NORTH DAKOTA. 167 



chairmen, and state to each other verbally or in writing, as 
either may choose, the reasons of their respective Houses, and 
to confer freely thereon, and they shall be authorized to re- 
port to their respective Houses such modifications as they 
think advisable. 

6. It shall be in order for either House to recede from any 
subject matter of difference existing between the two Houses 
at any time previous to a conference, whether the papers on 
which such difference has arisen are before the House reced- 
ing formally or informally, and a majority shall govern except 
in cases where two-thirds are required by the constitution, 
and the question having been put and lost, shall not be again 
put the same day, and the consideration thereof in other re- 
spects shall be regulated by the rules of the respective 
Houses. 

7. After each House has adhered to its disagreement and 
the bill which is the subject of difference shall be deemed lost, 
it shall not be again revived duriog the sam<^ session in either 
House, unless by consent of three-fourths of the members 
present of the House reviving it. 

8. The same bill shall not create, renew or continue mure 
than one incorporation, nor contain any provision in relation 
to the altering of more than one act of incorporation, nor shall 
the same bill appropriate public money or property to more 
than one purpose. Any bill appropriating moneys for the 
payment of the ofiBcers of the government shall be confined to 
that purpose exclusively. 

9. No duplicate of any bill which may have been intro 
duqed and printed by one House, shall, upon introduction into 
the other House, be printed by said other House, except by a 
two-thirds vote of all the members present. 

10. No bill that shall have passed one House shall be sent 
for concurrence to the other on either of the last two days of 
the session, whenever a time shall have previously been fixed 
for the adjournment of the legislature. 

11. The committee on enrolled bills in each of the two 
Houses shall a6t jointly in the examination of all bills and 
resolutions before their presentation to the Grovernor, either 
as a body or by such respective sub committees as such com- 
mittees may appoint for that purposa. 

12. Whenever both H )U8es by the constitutional vote, 
direct that any act or resolution shall take effect immediately 
or at any time before July 1st following the session of the 
legislature, a proviso shall be added at the enrollment of the 
same in words to this effect: *'This act shall take effect im- 
mediately (or in days)." 

13. Every resolution by which any money or other prop- 
erty of the state shall be donated or appropriated, or by which 
any expense to the sta*e shall be incurred, or which shall have 
any operation, or effect outside of the two Houses of the legis- 
lature, except such appropriation and expenses as shall be for 



168 LEGISLATm: MANUAL, 



the exclusive use, necessity or convenience of the le^Kture, 
shall be either a joint; or concurrent resolution, and shall take 
the same course as a bill, and shall be enrolled and presented 
to the Governor for his signature before the same shall take 
effect. 

14. Either House shall return any bill or resolution called 
for by resolution of the otber House, if the bill or resolution is 
yet in the possession of the House called upon. 

JOINT CONVENTION RULES. 

1. Joint conventions shall be held in the hall of the House 
of Representatives and the President of the Senate shall pre- 
side. 

2. The secretary of the Senate and the clerk of the House 
of Representatives shall be secretaries of the joint convention, 
and the proceedings of the convention shall be published with 
the Journals of the House, and the final result as announced 
by the President on return of the Senate to their Chamber 
shall be entered on the Journal of the Senate. 

3. The rules of the House of Representatives, as far as 
the same may be applicable, shall govern the proceedings in 
joint convention. 

4. Whenever a President pro tern, presides he shall be en- 
titled to vote on all occasions, and in case of a tie the question 
shall be declared lost. 

5. Joint conventions shall have the power to compel the 
attendance of absent members in the moae and under the 
penalties prescribed by the rules of the House to which such 
members respectively belong, and for that purpose the ser- 
geant at arms of each House shall attend. 

6. Joint conventions may adjourn from time to time, as 
may be found necessary; and it shall be the duty of the House 
of Representatives to prepare to receive thw Senate, the Senate 
to proceed to the hall of the House of Representatives at the 
time fixed by law or resolution, or to which the joint conven- 
tion may have adjourned. 






INDEX TO CONSTITUTION. 169 



INDEX TO CONSTITUTION. 



Skction 

Accounts of territory— basis of adjustment 203 

A djournment— consent of botli houses required 51 

AmendmentB to Cofisiitution 202 

Appeals from county courts and justices^f the peace lu 

to the supreme court 109 

Appointments to fill vacancies 78 

Avportumment^ Conuressional and Legislative 214 

Appropriation of money— bills for 60 

bills— what to contain 62 

Arrest— members of legislative assembly, privileged from when .... 42 

Assessment— where and how made 179 

of cultivated land same as uncultivated 177 

Attorney general 82 

Auditor 82 

Bail— excessive not to be required tt 

Banking laws— what to provide 145 

Hills of attainder prohibited 16 

Bills— where may originate 57 

amendmentof 58 

to embrace but one subject 61 

^ several readings of 63 

not to be am- nded or revised by reference 64 

majority vote of members-elect necessary to pass 65 

duties of presiding officer In relation thereto. 66 

duty of governor in relation thereto..; ... 79 

Board of university and school lands- powers of 156 

Bonds of state or county— when invalid 187 

Black lists prohibited 212 

Census— when taken 35 

Charters and special privileges— when invalid. 132 

Charters subject to provisions of constitution ... 133 

Child labor prohibited 2u9 

Clerk of supreme court 93 

of district court— election of. (Sched.) 10 

of district court 108 

Coal lands— not to be sold 155 

Commissioner of agriculture and labor 82 

Commissioner of Insurance 82 

Common carriers— rates subject to legislative control 142 

Compact with the United States 208-205 

Conaemnation of private property 14 

Constitution to be printed, etc. (Sched.) 26 

duty of legislative assembly as to 68 

election for adoption of . (Sched.) 13 

canvassing board for election. (Sched.) 14 

mandatory and prohibitory 21 

how signed. (Sched.) 23 

when to take effect. (Sched.) 11 

submitted to vote of people. (Sched.) 12 

Contract— law impairing obligation of prohibited 16 

Contempt— punisiiment for 48 

Corporations Oth^r Than Municipal 131-146 

"Con>oratlon"— how construed 144 

Corporations— elections 135 

restrictions 136-138 

controlled by general laws 131 

black lists prolilbited 212 



170 INDEX TO CONSTITUTION. 



Section 

Counties of the state : . . . i66 

reimbursed for certain taxes— when . ( Sched . ) 22 

Couivty and Township Organization. 166-173 

County boundaries— how changed 168 

Counties -organization of 167 

County commissioners, number of 172 

County court 110 

iurisdiction ill 

Judges— election and qualification ill 

Judge— same as territorial j udge of probate. ( Sched. ) 8 

successor to probate court. (Sched.) 9 

County government bv chairmen township boards 171 

County mdebtedness limited 183 

County officers— territorial continued in oflftce. (Sched.) 10 

when elected 178 

County seats— how changed 169 

County superintendent of schools— election and duties 150 

Crimes— how prosecuted 8 

Debts and liabilities— what South Dakota to assume 203 

what North Dakota to assume 203 

Debts of constitutional convention— how paid. (Sched.) 19 

Declaration of Rights 1-24 

District ( ourts— jurisdiction 103 

terms of 115 

District Judges— power to hold court 116 

qualifications of 107 

terms of office 104 

Districts— legislative 214 

Division of territorial records— plan of. (Sched.) 21 

of territorial debts and liabilities 208 

agreement— when to take effect 203 

Education 147 152 

Education— Illiteracy to be provided against 1.^)1 

Educational Institutions under state control 152 

Electors— residence of 125 

privileged from arrest— when 123 

Elections— general— when held 124 

by secret ballot 129 

Electors— qualification of 121 

who not qualified 127 

Elective Franchise 121-129 

Eminent domain— right how exercised 134 

Employment— free right to obtain 23 

Enacting clause 59 

Evidence of municipal Indebtedness— when Invalid .* . . 187 

Executive Department 71-84 

Executive power vested In governor 71 

Exemptions 208 

Ex post facto laws prohibited 16 

Felony— how prosecuted 8 

Fines, etc.. accruing to territory accrue to state. (Sched.) 3 

Freedom of speech and publication 9 

Government— purposes of 2 

Governor— duty In relation to bills 79 

may disapprove Items of appropriation bills 80 

official hifluence of, prohibited 81 

duties of 75 

and lieutenant governor— qualifications of 73 

and lieutenant governor— how elected 74 

residence and term— executive power vested In 71 

(iross earnings system— taxation of railroads by 176 

Habeascorpus 5 

House of representatives— number of members 32 

privileges and powers of 48 

speaker of 36 

Impeachment and Removal from Office 194-201 



INDEX TO CONSTITUTION. 171 



Sectiox 

Impeachment— charges to be served 200 

power of with house l&l 

senate to try 195 

twice for same offense prohibited 201 

who liable to Ifto 

of governor 199 

Imprisonment for del)t 15 

Indebtedness, municipal— tax levied to pay 184 

Judges— disqualified from holding certain oftlces 119 

not to act as attorneys 117 

of supreme court— increased when 95 

of probate— same as county court. (Sched.) 8 

JtLdicial Department 85-120 

judicial districts -boundaries of 105 

may be increased when 106 

number of 104 

Judicial powers— where vested 85 

Jurisdiction over military reservations 204 

Jury— power in libel actions ." 9 

Jury trial— right of 7 

Justices of the peace— number, election, jurisdiction /. 112 

Land grants to public Institutions 215-216 

Land grants— acceptance of 205 

Laws— when to take effect 67 

uniform operation of 11 

Legislative assembly— when and where to meet 53 

when first session to meet 17 

special sessions 75 

quorum 46 

sessions biennial 55 

sessions— time limited 66 

what constitutes 52 

when members free from arrest 42 

beginning of member's term of service 41 

who disqualified as members of S7-38 

members of disqualified to hold certain offices 39 

pay of members 45 

nouses to keep journals 49 

sessions to be open 50 

first meeting of . (Sched.) 25 

per diem and mileage of members 45 

personal Interest in measures 43 

qualifications of senators 28 

qualifications of representatives > 34 

each house judge of qualification of its members 47 

Legislative power— where vested 25 

Legislative day 63 

Legislative Department 25-70 

Legislative districts 214 

Libel— criminal, trials for - 9 

Lieutenant governor— qualifications and duties 72 

president of senate 77 

lotteries prohibited. (First amendment to Const.) 

Married women— property rights of 213 

Military subordinate lo civil power 12 

Military reservations- jurisdiction over 204 

Militia 188-193 

Militia— who constitute 188 

how organized 189 

how classified 190 

officers of— now appointed or elected 191 

how commissioned and removed 192 

when privileged from arrest 193 

Municipal corporations-how organized 130 

Natural rights 1 



172 INDEX TO CONSTITUTION. 



Sectiox 

North Dakota— boundary of 206 

to assume certain debts 203 

Inseparable part of u a ion : 3 

Oatii of oflHce 211 

UflHce— vacancy, how filled 78 

Ottlcer impeached, disqualified 198 

Police magistrates— jurisdiction lis 

Police powers 134 

Political power— where vested 2 

Poll tax 180 

Powers reserved to the people 24 

President of the senate pro tern 31 

Privileges— special prohibited 20 

Private property— how condemned 14 

Process— style of .• 97 

Prohibition • 217 

Prohibition— submission of to the people. (Sched.) 20 

Public credit not to be loaned 185 

Public Debt and Public Works 182-187 

Public debt limited 182 

Public Institutions 215-216 

Public Institutions permanently located 215-216 

namesof ... 215-216 

Public lands— sale or rent of 164 

Public moneys— how paid out 186 

Railroad commissioners— number of 82 

Railroad corporations— annual reports, etc 140 

assessments of 179 

general rights 143 

consolidation of stock prohibited 141 

Religious liberties 4 

Removal from office— who liable 197 

Reporter of supreme court 93 

Reprieves and fines - power of governor to grant 76 

Representatives- number of 32 

term of 38 

qualifications of 34 

Representative districts 85 

boundaries of 214 

Representative In congress— when first elected. (Sched.) 18 

Reports of territorial officers 24 

Repudiation prohibited 184 

Residents— soldiers, etc., not deemed 126 

Revenue and Taxation 174-181 

Right of assembly and petition 10 

Salaries of state officers 84 

vSalary of supreme court and district judges. (Sched.). ...'.. 16 

School and Public Lands 153-165 

School funds— penalty for misappropriation 165 

perpetual and inviolable 159 

now Invested 162 

how constituted 153 

apportionment of 154 

School lands— how sold 155 

board of appraisal 157 

terms of sale 158 

manner of appraisement 160 

may be leased^ 161 

special privileges prohibited 163 

Schools— sectarian control prohibited 147 

uniform system of 148-149 

public— establishment and maintenance 147 

Schedule 1-26 

Seals— territorial continued. (Sched.) 7 

Seal of North Dakota 207 

Searches and seizures - unreasonable prohibited 18 



INDEX TO CONSTITUTION. 173 



Section ^ 

Sectarian control of schools ptohibited 147 

Secretary of state— election of 82 

wlien to act as governor 77 

Senate— number of members 26 

privileges and powers 48 

president of 31 

Senatorial districts— how changed S5 

boundaries of 214 

how fixed 29 

how numbered 80 

Senators— classes 30 

termof 27 

qualification of 28 

Slaveryprohibited 17 

South Dakota to pay North Dakota certain sums 203 

Speaker of the house \ 38 

Special legislation prohibited m 

when permittea 70 

Special privileges : 20 

State— suits against 22 

State's attorneys— appointment of. (Sched.) 10 

State officers- when to be chosen 82 

terras of office . , 82 

when first officers to qualify. (Sched.) 15 

terms of first officers. (Sched.) 16 

duties of 83 

salaries 84 

State debt limited 182 

State disclaims title to unappropriated public lands 203 

streams— flowing, property of state 210 

Streets— consent to certain uses required 139 

Suffrage— may be extended 122 

Superintendent of public instruction 82 

Suits agahist state— how brought ! 22 

Supreme court— vacancies how filled 98 

judges— compensation 99 

who chief justice 92 

restriction of power 96 

reports 93 

judges—qualifications 94 

judges— terms of office 91 

clerks of 93 

reporter of 93 

quorum 89 

judges— how elected 90 

powers 87 

terms— where held 88 

iurisdiction., 86 

jurisdiction over territorial causes pending. (Sched.) 6 

Supreme court and district judges —salaries of. ( Sched. ) 16 

Supreme court judges— when disqualified to sit 100 

opinions of 101 

syllabus •102 

Syllabus lOi 

Taxation— power of state irrevocable 178 

restrictions 174-175 

to be uniform 176 

Terms of court— how fixed 118 

Territorial to state government— writs, etc. (Sched.) 1 

Territory of Dakota— property of accrues to state. (Sched.) 5 

Territorial laws— what remain in force. (Sched.) 2 

Toleration of religious sentiment 203 

Township organization /f. 170 

Transportation rates— legislative control of 142 

Treason against the state ' 19 

Treasurer— eligibility of : 82 



174 *' ufUEx TO coNsnrmox. 



Section 

Trtol— speedy guaranteed IS 

by jury guaranteed 7 

Tribonals of eooeiliaCioQ 120 

Trusts and eoflibinatioBs UBlawtul 146 

United States senators— wben to be elected. (^Scbed.) 17 

Vaeancies in office— bow filled J8 

in legislatiTe assefflbly—bow filled 44 

Veto power 79 

Votes— bow recorded 54 

Vote or infinenee — unlawful giring of 40 

Water eoorses— property of state 210 

Women may vote— when 128 

Witnesses not to be unreasonably detained 6 

Yeas and nairs- when to be taken 49 



ft 



mtip.jt AHft enMtPNts, 



'■"Iff