CHAPTER XXVI THE STATE "What constitutes a state? Not high raised battlements, or labored mound, Thick wall, or moated gate; Not cities proud, with spires and turrets crowned- Where, laughing at the storm, proud navies ride; Where low-browed baseness wafts perfume to pride. Men who their duties know, But know their rights, and knowing dare maintain." -Sir William Jones, 1745-1794. North Dakota entered statehood with a bonded indebtedness of $539,807, some money in the treasury, $57,513, a capitol building costing some $200,000 and 600 city lots to sell. South Dakota entered statehood with a bonded indebtedness of $750,000, a deficiency in her treasury of about $150,000, with no capitol building. EXECUTIVE DEPARTMENT The executive power of the state is devoted to and administered by commissions and boards. The constitution provides for two, the Board of Equalization and the Board of Pardons. The governor is a member of both. The most important commission and boards are the Taxation Commission, Board of Control, and Board of Regents. The members of the commissions and boards are appointed by the governor, by and with the consent of the Senate. Their tenure of office is usually for two, four or six years, and while as a rule they consult the governor and enforce his policies in administering the affairs of their office, they frequently act on independent lines, to the serious political embarrassment and injury of the governor, as the people hold the governor responsible and not the commission and boards, for their mistakes of administration. ADMINISTRATION OF JOHN MILLER John Miller was the first governor of the state. As such governor, on November 4, 1889, two days after the admission of the state to the Union, he issued his proclamation calling the Legislative Assembly to meet at Bismarck, on Tuesday, November 19, 1889, for the purpose of electing two United States senators, and The Wild Rose Five petals of a pale, pink tint Are round its heart of gold, A touch of color, faint and fine Beneath a careless, swift design, This flower that runs across the hill And make a heavenly place; This masterpiece for common folk, Let no unthinking, wanton stroke, -Marion Lisle. for the performance of such other legislative duties as might be in accordance with the constitution. The Legislature assembled, which convened November 19th, determined that the Federal law for the election of United States senators which prescribed that the Legislature should on the second Tuesday after its meeting and organization proceed to ballot for United States senators, each branch thereof to vote separately, was superseded by the Omnibus Bill, which conferred the power and made it the duty of the Legislative Assembly forthwith at its meeting and organization to ballot for United States senators. Accordingly, on November 20, 1889, the houses balloted separately, casting ballots for Gilbert A. Pierce, N. G. Ordway, Lyman R. Casey, republicans, and M. L. McCormick, democrat. The House was composed of sixty-two members, thirty-two being a majority. The Senate of thirty-one members, sixteen constituting a majority. Both houses met in joint session on Wednesday, the 21st day of November, as by law provided, and compared the journals of the respective houses, as to the number of votes cast for any person for United States senator, and it appearing from such comparison that Gilbert A. Pierce had received a majority vote in the Senate and House, he was by the joint assembly declared a duly elected United States senator. It further appearing from a comparison of the journals that no one person had received a majority in each House for the second senator to be elected, the joint assembly took one ballot for United States senator, the law providing in that event that such assembly should meet at 12 o'clock M. and take at least one ballot each day until some one person received a majority vote of the joint assembly, and was thereby chosen senator. The joint assembly was composed of ninety-three, all the membership of the Senate and House, and forty-seven was a majority. The joint assembly met on several different days and took in all ten joint ballots. On the ninth joint ballot occurred an incident which is worthy of special mention, because conflicting versions of what actually took place on the ninth ballot were published by the press at the time. The chief clerk of the House had been appointed by Lieutenant-Governor Dickey, the presiding officer of the joint assembly, as clerk of the joint sessions, and also appointed two tally clerks, one from the Senate force of clerks, the other from the House. The roll of the Senate was first called by the clerk, and then the roll of the House. The tally clerks recorded the votes as announced by the members. Upon the completion of the roll call it appeared that the tally clerks disagreed as to the number of votes cast for M. N. Johnson, N. G. Ordway, and Lyman R. Casey. A verification of the vote was demanded. On the recall of the roll for verification purposes only, H. D. Court, an elderly member of the House, who had constantly voted for Ordway, attempted to change his vote from Ordway to M. N. Johnson. The right so to do was challenged by a number of the members. A motion to adjourn was interposed and before the announcement of the rolls of the ninth ballot the joint assembly dissolved. It was claimed that Johnson received a sufficient number of votes on this ninth ballot to elect him, if Court's vote on verification had been counted, but the records of the joint assembly which were approved by the assembly itself and published in the House Journal, do not support this claim. In fact, showed otherwise. It appears from them that he received 35 votes, while 47 were necessary to a choice. The names of these 35 appear in the journal and no other member of the joint assembly ever claimed that he had voted for Johnson on the ninth ballot. The highest vote Johnson received on any ballot was 42 on the second ballot, the lowest 28 on the sixth ballot. On the eighth ballot he received only 33. FIRST LEGISLATURE 120 DAYS The constitution provided that the first Legislative Assembly could sit for 120 days, while the life of all other sessions was limited to sixty days. Governor Miller in his first message suggested in a general way the imperative need of laws to put in force the various articles and the schedules of the constitution, particularly the article on prohibition, which prescribed "That the Legislative Assembly shall by law prescribe regulations for the enforcement of this article and shall thereby provide suitable penalties for the violation thereof." Complying with the suggestions of Governor Miller, the Legislature enacted laws for 1. The organization and formation of state banks. 2. For the board of university and school lands. 3. Leasing and sale of school lands. 4. A state board of agriculture. 5. A uniform system of free public schools. 6. A joint commission to effect a final adjustment between the states of North and South Dakota. 7. A commission to supervise the surveying and marking the boundary line. between North and South Dakota. 8. The prohibition law. 9. Assessment of railroad property. All of which laws were approved by the governor. On its own volition the Legislative Assembly enacted laws, 1. To establish, locate and maintain an agricultural college at Fargo. 2. An academy of science at Wahpeton. 3. A soldiers' home at Lisbon. 4. Deaf and dumb asylum at Devils Lake. 5. A normal school at Valley City. 6. A normal school at Mayville. 7. Regulating practice of medicine. 8. Abolishing the grand jury system and instituting informations by states attorneys instead of indictments. The governor approved all these laws, excepting as to the normal school at Mayville, which he vetoed. The Legislature, however, passed it over his veto. LOTTERY It attempted to pass a law whereby the Louisiana Lottery scheme which had been denied an extension of its charter by Louisiana could be established and perpetuated in North Dakota. Geo. H. Spencer, formerly a United States senator from Alabama, came to Bismarck and secured the introduction of a bill for that purpose in the Senate. It is known in the records as Senate Bill No. 167. It passed that body by more than a two-thirds vote. Governor Miller then marshalled the force opposed to the lottery scheme and |