This page has been validated.
782
NORTH DAKOTA

Population.—In 1870 the population of that portion of Dakota Territory included within the present limits of North Dakota was 2405; in 1880, 36,909. The population of the state in 1890 was 182,719; in 1900, 319,146; in 1905, 437,070; in 1910, 583,888 The number of the foreign-born population in 1900 was 113,091, or 35·4%, the highest proportion to be found in any state of the Union. The principal elements composing the white foreign population were as follows: Norwegians 30,206, English Canadians 25,004, Russians 14,979, Germans 11,546, Swedes 8419. The coloured population consisted of 4692 Indians not taxed, 2276 Indians taxed, 286 negroes, 148 Japanese and 32 Chinese. Most of the Indians not taxed live on reservations, of which there are four: Devils Lake Reservation in 1909 had a total area of 143·97 sq. m., a population of 980, consisting of Sisseton, Wahpeton, and Cut Head (or Pabaksa) Sioux; Turtle Mountain[1] Reservation, in Rolette county, established in 1882, and now allotted (excepting 186 acres for church and school purposes), had a population in 1909 of 2588, being for the most part a mixture of Pembina (or Turtle Mountain) Chippewa with French Canadians; Fort Berthold Reservation in the west central part of the state, on the Missouri river, established in 1870, had in 1909 an area of 1382·4 sq. m., and a population of 399 Arikara (Caddoan), and, of Siouan stock, 453 Hidatsa (or Grosventre) and 252 Mandan Indians; and Standing Rock Reservation, on the western bank of the Missouri river, was established in 1875, and in 1909 contained 2887·2 sq. m. (about three-fifths of which lies in South Dakota and much of which was opened to settlement in 1908–1909) and a population of 3399 Sioux. The population of the state is largely rural. The larger municipalities with the population of each in 1905 were: Fargo (12,512), Grand Forks (10,127), Jamestown (5093), Bismarck, the capital, (4913), Minot (4125), Valley City (4059), Dickinson (3188), Wahpeton (2741), Mandan (2714), Grafton (2423) and Devils Lake (2367); in 1905 there were fifteen other municipalities each with a population of more than 1000. In 1906 the Roman Catholic Church had the largest number of communicants (61,261 out of a total of 159,053 members of all denominations), and there were 59,923 Lutherans.

Administration.—The state is governed under its constitution of 1889, as subsequently amended. The governor is chosen biennially, and has a limited pardoning power. He may veto appropriation bills by items, but any of his vetoes may be overruled by a two-thirds vote of each house. The governor and lieutenant-governor must be at least thirty years old. The other administrative officers are a secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of insurance, three commissioners of railways, attorney general and commissioner of agriculture and labour; each of these officers is chosen biennially and must be at least twenty-five years of age. The legislative department consists of a Senate, with members chosen every four years, and about half chosen at each biennial election; and a House of Representatives, with members chosen biennially. The sessions of the legislature are biennial, and are limited to sixty days. The minimum age for senators is twenty-five years and for representatives twenty-one years. Bills may originate in either house. A lieutenant-governor, chosen biennially, presides over the Senate. In 1907 the legislature proposed an amendment providing for the application of initiative and referendum to statutory laws and constitutional amendments; two years later the legislature passed a substitute resolution, which omits the clause regarding amendments of the constitution, and which, if passed by the legislature of 1911 will be put to popular vote at the general election of 1912. The judicial department consists of the supreme court, district courts, county courts, municipal courts, and justices of the peace. The supreme court consists of three judges (minimum age thirty years), chosen by popular vote for six years. Their number may be increased to five whenever the population of the state shall amount to 600,000. For each judicial district (the tenth district was created in 1907) there is one district judge, elected for four years; the district courts have original jurisdiction (except in probate matters) and certain appellate jurisdiction. The judge of the county court is chosen for two years. This court has exclusive original jurisdiction in probate matters, and in counties with over 2000 inhabitants its jurisdiction may be extended by popular vote to include concurrent jurisdiction with the district courts in civil matters involving amounts less than $1000, and in criminal actions below the grade of felony. Justices of the peace have jurisdiction in civil cases involving no land titles and sums of money not exceeding $200. They may also try misdemeanours in counties without other criminal jurisdiction.

For the administration of local government, the state is divided into counties (46 in 1910). In those counties that have not adopted a township organization county affairs are administered by a board of county commissioners; where the township organization has been adopted the county government is administered by the chairmen of the several township boards. For each county there are a judge, clerk, register of deeds, auditor, treasurer, sheriff and state’s attorney.

All citizens of the United States residing in North Dakota are declared to be citizens of the state. The right of suffrage is confined by the constitution to males twenty-one years of age, who are citizens of the United States or have declared their intention of becoming citizens, and who have resided in the state one year, in the county six months, and in the voting precinct ninety days preceding the election. Civilized Indians who have severed their tribal relations two years before an election are entitled to vote. Women may vote for all school officers and upon all questions relating solely to school matters, and are eligible to any school office.

Amendments to the constitution must be passed by both houses of the legislature at two consecutive sessions, and must then be ratified by popular vote. By this arrangement a period of nearly four years usually elapses between the proposal and the final ratification of an amendment.

The amount of homestead exempt from seizure for debt is limited in value to $5000, and may not include more than two acres in a town plot or more than 160 acres elsewhere. The exemption is not valid against a debt created for the purchase money, or against taxes levied on the property, or against mechanics’ or labourers’ liens for work done or material furnished for improvements, or against a mortgage acknowledged by both husband and wife. The grounds for absolute divorce are adultery, cruelty, desertion (one year), neglect (one year), habitual drunkenness (one year) and conviction for felony; residence in the state for one year is required before application for divorce.

North Dakota is one of the few American states whose constitution forbids the manufacture, importation[2] or sale of intoxicating liquors. Attempts to secure the repeal of this provision have been unsuccessful. Apothecaries may secure a licence to sell liquors for purely medicinal purposes upon a petition signed by twenty-five reputable free-holders and twenty-five reputable women. In 1909 the advertisement of liquors, solicitation of orders for liquors, and the sale of cigarettes to minors were prohibited.

Education.—At the head of the public school system is a superintendent of public instruction, chosen for two years. He, with the governor and the president of the state university, constitutes a high-school board, having supervision of the secondary schools. In each county there is a county superintendent, elected biennially, and in each school district a board of directors. The proceeds of the sale of public lands donated to the state for educational purposes, and all escheats to the state, constitute a trust fund, the interest from which, with the proceeds of all fines for the violation of state laws, is annually apportioned among the school districts according to the school population; the total apportionment from the State Tuition Fund in 1908 was $357,238. This income is supplemented by local taxation. The minimum school term allowed by law is six


  1. The Devils Lake Reservation and the Turtle Mountain Chippewa are both under the Fort Totten School, which is on the Devils Lake Reservation.
  2. Before the law passed by the first Legislative Assembly of the state to carry out this provision could come into effect, it was partially annulled by the decision of the United States Supreme Court in the case of Leisy v. Hardin (1890), in which the court held that liquors might be imported into any state and sold in the original package (q.v.) without reference to local prohibitory or restrictive laws.